Vol. 86 Wednesday, No. 26 February 10, 2021 Pages 8845–8992

Vol. 86 Wednesday, No. 26 February 10, 2021

Pages 8845–8992

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 86, No. 26

Wednesday, February 10, 2021

Agriculture Department Receipt of Requests to Voluntarily Cancel Certain Pesticide See The U.S. Codex Office Registrations and Amend Registrations to Terminate Certain Uses, 8902–8906 Bureau of Safety and Environmental Enforcement PROPOSED RULES Farm Credit System Insurance Corporation Oil and Gas and Sulfur Operations in the Outer Continental RULES Shelf: Rules of Practice and Procedure: Revisions to the Requirements for Exploratory Drilling on Adjusting Civil Money Penalties for Inflation, 8854 the Arctic Outer Continental Shelf; Extension of Comment Period, 8878–8879 Federal Communications Commission RULES Centers for Disease Control and Prevention Accelerating Wireline Broadband Deployment by Removing NOTICES Barriers to Infrastructure Investment; Denial of Meetings: Reconsideration, 8872–8876 Disease, Disability, and Injury Prevention and Control Modernizing Unbundling and Resale Requirements in an Special Emphasis Panel, 8915–8916 Era of Next-Generation Networks and Services; Correction, 8872 Civil Rights Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings; Sunshine Act, 8884 Submissions, and Approvals, 8906–8909 Coast Guard Federal Emergency Management Agency PROPOSED RULES NOTICES Safety Zone: Agency Information Collection Activities; Proposals, Cocos Lagoon, Merizo, GU, 8879–8881 Submissions, and Approvals: Commerce Department State Administrative Plan for the Hazard Mitigation See International Trade Administration Program, 8920–8921 See National Oceanic and Atmospheric Administration See Patent and Trademark Office Federal Energy Regulatory Commission RULES Defense Department Annual Update to Fee Schedule for the Use of Government NOTICES Lands by Hydropower Licensees, 8855–8868 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Combined Filings, 8898 Buy American, Trade Agreements, and Duty-Free Entry, Initial Market-Based Rate Filings Including Requests for 8914–8915 Blanket Section 204 Authorizations: Past Performance Information, 8913–8914 Griddy Energy, LLC, 8896–8897 Records Governing Off-the-Record Communications, 8897 Education Department NOTICES Federal Maritime Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agreements Filed, 8909 2022 School Survey on Crime and Safety, 8895–8896 Study of Financial Aid Supports for Gaining Early Federal Reserve System Awareness and Readiness for Undergraduate RULES Programs Students, 8896 Reserve Requirements of Depository Institutions: Regulation D, 8853 Energy Department NOTICES See Federal Energy Regulatory Commission Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Environmental Protection Agency Company, 8910 RULES Proposals to Engage in or to Acquire Companies Engaged in Air Quality State Implementation Plans; Approvals and Permissible Nonbanking Activities, 8909–8910 Promulgations: Virginia; Negative Declarations Certification for the 2008 Federal Trade Commission Ozone National Ambient Air Quality Standard NOTICES including the 2016 Oil and Natural Gas Control Proposed Consent Order: Techniques Guidelines, 8868–8872 Amazon Flex, 8910–8913 NOTICES Certain New Chemicals: Foreign Assets Control Office Receipt and Status Information for December 2020, 8898– NOTICES 8902 Blocking or Unblocking of Persons and Properties, 8988

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General Services Administration Labor Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Buy American, Trade Agreements, and Duty-Free Entry, Fire Protection in Shipyard Employment Standard, 8925– 8914–8915 8926 Past Performance Information, 8913–8914 Mechanical Power Presses Standard, 8924–8925 Steel Erection Standard, 8925 Health and Human Services Department See Centers for Disease Control and Prevention Management and Budget Office See Health Resources and Services Administration NOTICES See National Institutes of Health Publication of Standards, Criteria and Recommendations, See Substance Abuse and Mental Health Services 8926–8928 Administration NOTICES Agency Information Collection Activities; Proposals, National Aeronautics and Space Administration Submissions, and Approvals, 8918 NOTICES Agency Information Collection Activities; Proposals, Health Resources and Services Administration Submissions, and Approvals: NOTICES Buy American, Trade Agreements, and Duty-Free Entry, Agency Information Collection Activities; Proposals, 8914–8915 Submissions, and Approvals: Past Performance Information, 8913–8914 Survey of Eligible Users of the National Practitioner Data Bank, 8917 National Institutes of Health Homeland Security Department NOTICES Meetings: See Coast Guard Center for Scientific Review, 8919 See Federal Emergency Management Agency PROPOSED RULES National Center for Complementary and Integrative Collection of Biometric Data from Aliens Upon Entry to and Health, 8918–8919 Departure from the United States; Re-opening of Comment Period, 8878 National Oceanic and Atmospheric Administration NOTICES RULES Request for Information: Fisheries of the Caribbean, Gulf of Mexico, and South Evidence-Building Activities, 8921–8922 Atlantic: 2021 Commercial Longline Closure for South Atlantic Interior Department Golden Tilefish, 8876–8877 See Bureau of Safety and Environmental Enforcement See National Park Service See Ocean Energy Management Bureau National Park Service NOTICES International Trade Administration National Register of Historic Places: NOTICES Pending Nominations and Related Actions, 8922–8923 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Nuclear Regulatory Commission Stainless Steel Bar from India, 8884–8885 NOTICES Determination of Sales at Less Than Fair Value: Guidance: Passenger Vehicle and Light Truck Tires from Taiwan, Safety-Related Steel Structures and Steel-Plate Composite 8885–8887 Walls for other than Reactor Vessels and Seamless Carbon and Alloy Steel Standard, Line, and Containments, 8928–8929 Pressure Pipe from the Republic of Korea, 8887–8889 Meetings: Seamless Carbon and Alloy Steel Standard, Line, and Advisory Committee on the Medical Uses of Isotopes, Pressure Pipe from the Russian Federation, 8891– 8929 8894 Seamless Carbon and Alloy Steel Standard, Line, and Ocean Energy Management Bureau Pressure Pipe from Ukraine, 8889–8891 PROPOSED RULES International Trade Commission Oil and Gas and Sulfur Operations in the Outer Continental Shelf: NOTICES Revisions to the Requirements for Exploratory Drilling on Complaint: the Arctic Outer Continental Shelf; Extension of Certain Semiconductor Devices, Wireless Infrastructure Comment Period, 8878–8879 Equipment Containing the Same, and Components Thereof, 8923–8924 Patent and Trademark Office Justice Department NOTICES NOTICES Development of a National Consumer Awareness Campaign Proposed Consent Decree: on Combating the Trafficking in Counterfeit and Clean Water Act, 8924 Pirated Products, 8894–8895

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Personnel Management Office Substance Abuse and Mental Health Services NOTICES Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings: Application for Death Benefits Under the Civil Service Center for Substance Abuse Prevention, 8920 Retirement System; Documentation in Support of Application for Death Benefits When Deceased Was an Employee at the Time of Death, 8929–8930 Surface Transportation Board NOTICES Pipeline and Hazardous Materials Safety Administration Modified Certificate of Public Convenience and Necessity: NOTICES RYAL, LLC, 8983 Hazardous Materials: Railroad Cost of Capital—2020, 8983 Actions on Special Permits, 8984–8985 Applications for Modification of Special Permits, 8987 Applications for New Special Permits, 8986–8987 Susquehanna River Basin Commission NOTICES Postal Service Grandfathering Registration, 8983–8984 NOTICES Meetings, 8984 Product Change: Priority Mail and First-Class Package Service Negotiated Service Agreement, 8930 The U.S. Codex Office NOTICES Presidential Documents Meetings: ADMINISTRATIVE ORDERS Scientific Integrity and Evidence-Based Policymaking; Codex Committee on Methods of Analysis and Sampling, Efforts To Restore Trust in Government (Memorandum 8882–8883 of January 27, 2021), 8845–8851 Codex Committee on Spices and Culinary Herbs, 8883– 8884 Securities and Exchange Commission NOTICES Transportation Department Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8933–8935 See Pipeline and Hazardous Materials Safety Filing: Administration Security-Based Swap Data Repositories; DTCC Data Repository (U.S.), LLC, 8977–8982 Treasury Department Potential Money Market Fund Reform Measures in See Foreign Assets Control Office President’s Working Group Report, 8938–8952 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Privacy Act; Systems of Records, 8988–8991 Cboe BZX Exchange, Inc., 8935–8937 Financial Industry Regulatory Authority, Inc., 8970–8972 Nasdaq PHLX, LLC, 8955–8970 NYSE American, LLC, 8930–8933 Reader Aids The Depository Trust Co., 8953–8955 Consult the Reader Aids section at the end of this issue for The Nasdaq Stock Market, LLC, 8937–8938, 8955, 8972– phone numbers, online resources, finding aids, and notice 8977 of recently enacted public laws. State Department To subscribe to the Federal Register Table of Contents NOTICES electronic mailing list, go to https://public.govdelivery.com/ Meetings: accounts/USGPOOFR/subscriber/new, enter your e-mail Preparation for International Maritime Organization, address, then follow the instructions to join, leave, or 8982–8983 manage your subscription.

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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.

3 CFR Administrative Orders: Memorandums: Memorandum of January 27, 2021 ...... 8845 8 CFR Proposed Rules: 215...... 8878 235...... 8878 12 CFR 204...... 8853 1411...... 8854 18 CFR 11...... 8855 30 CFR Proposed Rules: 250...... 8878 550...... 8878 33 CFR Proposed Rules: 165...... 8879 40 CFR 52...... 8868 47 CFR 51...... 8872 63...... 8872 50 CFR 622...... 8876

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Federal Register Presidential Documents Vol. 86, No. 26

Wednesday, February 10, 2021

Title 3— Memorandum of January 27, 2021

The President Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking

Memorandum for the Heads of Executive Departments and Agencies

It is the policy of my Administration to make evidence-based decisions guided by the best available science and data. Scientific and technological information, data, and evidence are central to the development and iterative improvement of sound policies, and to the delivery of equitable programs, across every area of government. Scientific findings should never be distorted or influenced by political considerations. When scientific or technological information is considered in policy decisions, it should be subjected to well-established scientific processes, including peer review where feasible and appropriate, with appropriate protections for privacy. Improper political interference in the work of Federal scientists or other scientists who support the work of the Federal Government and in the communication of scientific facts undermines the welfare of the Nation, contributes to systemic inequities and injustices, and violates the trust that the public places in government to best serve its collective interests. This memorandum reaffirms and builds on the Presidential Memorandum of March 9, 2009 (Scientific Integrity), and the Director of the Office of Science and Technology Policy’s Memorandum of December 17, 2010 (Sci- entific Integrity). By the authority vested in me as President by the Constitution and the laws of the United States of America, I direct as follows: Section 1. Role of the Director of the Office of Science and Technology Policy. The Director of the Office of Science and Technology Policy (Director) shall ensure the highest level of integrity in all aspects of executive branch involvement with scientific and technological processes. This responsibility shall include ensuring that executive departments and agencies (agencies) establish and enforce scientific-integrity policies that ban improper political interference in the conduct of scientific research and in the collection of scientific or technological data, and that prevent the suppression or distortion of scientific or technological findings, data, information, conclusions, or technical results. In implementing this memorandum, the Director shall, as appropriate, convene and confer with the heads of agencies and with personnel within the offices of the Executive Office of the President, including the Office of Management and Budget. Sec. 2. Task Force on Scientific Integrity. (a) The Director shall convene an interagency task force (the ‘‘Task Force’’) of the National Science and Technology Council (NSTC) to conduct a thorough review of the effectiveness of agency scientific-integrity policies developed since the issuance of the Presidential Memorandum of March 9, 2009. (b) The Task Force shall complete its review within 120 days of the date of the appointment of its members, and shall take the following actions when completing its review. (i) The Task Force shall ensure its review considers whether existing Federal scientific-integrity policies prevent improper political interference in the conduct of scientific research and the collection of scientific or technological data; prevent the suppression or distortion of scientific or technological findings, data, information, conclusions, or technical results;

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support scientists and researchers of all genders, races, ethnicities, and backgrounds; and advance the equitable delivery of the Federal Govern- ment’s programs. (ii) The Task Force’s review shall include an analysis of any instances in which existing scientific-integrity policies have not been followed or enforced, including whether such deviations from existing policies have resulted in improper political interference in the conduct of scientific research and the collection of scientific or technological data; led to the suppression or distortion of scientific or technological findings, data, information, conclusions, or technical results; disproportionately harmed Fed- eral scientists and researchers from groups that are historically underrep- resented in science, technology, and related fields; or impeded the equitable delivery of the Federal Government’s programs. The scope of this review shall include the work of scientific and technological advisory committees, boards, and similar bodies. The existing policies examined by this review shall include those issued pursuant to the Presidential Memorandum of March 9, 2009, and the Director’s Memorandum of December 17, 2010; any other scientific-integrity policies published on agency websites; and commonly accepted scientific-integrity practices. (iii) The Task Force shall identify effective practices regarding engagement of Federal scientists, as well as contractors working on scientific matters for agencies, with news media and on social media; effective policies that protect scientific independence during clearance and review, and that avoid improper political interference in research or data collection; effective approaches for handling any disagreements about scientific methods and conclusions; effective reporting practices that promote transparency in the implementation of agency scientific-integrity policies and in the handling of any allegations of misconduct; effective practices for educating and informing employees and contractors of their rights and responsibilities related to agency scientific-integrity policies; promising opportunities to address gaps in current scientific-integrity policies related to emerging technologies, such as artificial intelligence and machine-learning, and evolving scientific practices, such as citizen science and community-engaged research; effective approaches to minimizing conflicts of interest in Federal Government science; and policies that support the professional development of Federal scientists in accordance with, and building on, section IV of the Director’s Memorandum of December 17, 2010. (iv) To inform the review, the Task Force shall gather input from stakeholders and the public regarding scientific-integrity practices. The Task Force shall consider obtaining such input through various means, which may include holding a virtual stakeholder summit hosted by the Office of Science and Technology Policy (OSTP), issuing a public request for information, and conducting a virtual listening tour or open forums. (v) Upon the conclusion of its review, the Director shall publish a report on the OSTP website synthesizing the Task Force’s findings. The report shall include a description of agencies’ strengths and weaknesses regarding scientific-integrity policies, as well as a description of best practices and lessons learned. (c) Within 120 days of the publication of the Task Force’s initial 120- day review of existing scientific-integrity policies, the Task Force shall develop a framework to inform and support the regular assessment and iterative improvement of agency scientific-integrity policies and practices, to support the Director and OSTP in ensuring that agencies adhere to the principles of scientific integrity. This framework shall include assessment criteria that OSTP and agencies can use to inform, review, and improve the design and implementation of agency scientific-integrity policies. The Director shall publish this framework on the OSTP website. Sec. 3. Agency Scientific-Integrity Policies. (a) Heads of agencies shall ensure that all agency activities associated with scientific and technological processes are conducted in accordance with the 6 principles set forth in section

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1 of the Presidential Memorandum of March 9, 2009, and the 4 foundations of scientific integrity in government set forth in part I of the Director’s Memorandum of December 17, 2010. (b) Heads of agencies shall ensure that their agency scientific-integrity policies reflect the findings in the Task Force report produced under section (2)(b)(v) of this memorandum and apply to all agency employees, regardless of the nature of their appointment, as well as contractors who perform scientific activities for agencies. Heads of agencies shall coordinate with the Director in the development, updating, and implementation of any agency-specific policies or procedures deemed necessary to ensure the integrity of scientific decision-making. The following time frames shall apply when completing the activities described in this subsection: (i) The head of each agency with an existing scientific-integrity policy shall submit an updated policy to the Director within 180 days of the publication of the Task Force’s report. (ii) The head of each agency without an existing scientific-integrity policy shall submit a draft agency scientific-integrity policy to the Director within 180 days of the publication of the Task Force’s report. (iii) The Director shall expeditiously review scientific-integrity policies submitted by the agencies to ensure that the policies respond to the Task Force’s analysis, adhere to the policy directives in this memorandum, and uphold the highest standards of scientific practice. (iv) The Director shall notify agencies of any deficiencies in the scientific- integrity policies and collaborate with agencies to expeditiously correct those deficiencies. (c) In implementing this section, heads of agencies shall: (i) Provide the Director with any information the Director deems necessary to conduct the Director’s duties under this memorandum; (ii) Publish the agency’s scientific-integrity policy on the agency’s website, and disseminate information about the policy through the agency’s social media channels; (iii) Develop and publish procedures, as appropriate and consistent with applicable law, for implementing the agency’s scientific-integrity policy, including establishing and publishing an administrative process for reporting, investigating, and appealing allegations of deviations from the agency’s policy, and for resolving any disputes or disagreements about scientific methods and conclusions; (iv) Review and, as needed, update within 60 days of the date of this memorandum any website content, and within 300 days of the date of this memorandum any agency reports, data, and other agency materials issued or published since January 20, 2017, that are inconsistent with the principles set forth in this memorandum and that remain in use by the agency or its stakeholders; (v) Educate agency employees, as well as contractors who perform scientific activities for the agency, on their rights and responsibilities related to scientific integrity, including by conducting routine training on the agency’s scientific-integrity policy for all employees, and by ensuring any new employees are made aware of their responsibilities under the agency’s scientific-integrity policy shortly after they are hired; and (vi) Publish, consistent with any requirements related to national security and privacy, as well as any other applicable law, an annual report on the agency’s website that includes the number of administrative investigations and appeals involving alleged deviations from the agency’s scientific- integrity policies, as described in section (3)(c)(iii) of this memorandum, for the year covered by the report, and the number of investigations and appeals pending from years prior to the year covered by the report, if any.

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Sec. 4. Publication of Scientific-Integrity Policies and Ongoing Biennial Re- porting. (a) The Director shall publish on the OSTP website, and disseminate via social media, information about this memorandum, related OSTP and NSTC reports on scientific integrity, and links to the scientific-integrity policies posted on agency websites, to ensure such information and policies can be easily accessed by the public. (b) The Director shall publish on the OSTP website, and disseminate via social media, a biennial report on the status of the implementation of this memorandum across the executive branch. This report shall include a review of the impact on scientific integrity of diversity, equity, and inclusion practices related to the Federal scientific and engineering workforce and scientific Federal advisory committees. Sec. 5. Evidence-Based Policymaking. (a) Heads of agencies shall ensure that the scientific-integrity policies of their agencies consider, supplement, and support their plans for forming evidence-based policies, including the evidence-building plans required by 5 U.S.C. 312(a) and the annual evaluation plans required by 5 U.S.C. 312(b). (b) Within 120 days of the date of this memorandum, after consultation with the Director, the Director of the Office of Management and Budget (OMB) shall issue guidance to improve agencies’ evidence-building plans and annual evaluation plans. Specifically, the Director of OMB shall consider whether, consistent with, and building upon, Executive Order 13707 of September 15, 2015 (Using Behavioral Science Insights to Better Serve the American People), agencies’ evidence-building plans and annual evaluation plans shall include a broad set of methodological approaches for the evidence-based and iterative development and the equitable delivery of policies, programs, and agency operations. Relevant approaches might include use of pilot projects, randomized control trials, quantitative-survey research and statistical analysis, qualitative research, ethnography, research based on data linkages in which records from two or more datasets that refer to the same entity are joined, well-established processes for community engagement and inclusion in research, and other approaches that may be informed by the social and behavioral sciences and data science. (c) The statutory positions required to be designated by agencies by the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115– 435), which include the Evaluation Officer, the Chief Data Officer, and a senior statistical official, shall incorporate scientific-integrity principles consistent with this memorandum into agencies’ data governance and evaluation approaches. Similarly, the Chief Data Officers Council shall incorporate scientific-integrity principles consistent with this memorandum into its efforts to establish government-wide best practices for the use, protection, dissemination, and generation of data, and both the Chief Data Officers Council and the Evaluation Officer Council shall identify ways in which agencies can improve upon the production of evidence for use in policymaking. (d) Consistent with the provisions of the Foundations for Evidence-Based Policymaking Act of 2018, heads of agencies shall, as appropriate and consistent with applicable law, expand open and secure access to Federal data routinely collected in the course of administering Federal, State, local, Tribal, or territorial government programs or fulfilling Federal, State, local, Tribal, or territorial government mandates, such as tax data, vital records, other statistical data, and Social Security Administration earnings and employment reports, to ensure governmental and non-governmental researchers can use Federal data to assess and evaluate the effectiveness and equitable delivery of policies and to suggest improvements. In implementing this provision, heads of agencies shall: (i) Make these data available by default in a machine-readable format and in a manner that protects privacy and confidential or classified information, and any other information protected from disclosure by law;

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(ii) Publish an agency data plan that provides a consistent framework for data stewardship, use, and access. If publishing such a plan is not feasible, then the head of the agency shall publish guidelines outlining how the data were collected, metadata on data use, any limitations on data use, and ways for researchers to provide feedback on data shared; (iii) Follow the mandates of the Information Quality Act (section 515 of Public Law 106–554) in assessing and making available to researchers information on the quality of the data being provided; and (iv) Where possible, provide such data disaggregated by gender, race, ethnicity, age, income, and other demographic factors that support researchers in understanding the effects of policies and programs on equity and justice. (e) The Director of OMB shall review whether guidance to agencies on implementation of the Information Quality Act needs to be updated and reissued. (f) Heads of agencies shall review and expeditiously update any agency policies, processes, and practices issued or published since January 20, 2017, that prevent the best available science and data from informing the agency’s evidence-based and iterative development and equitable delivery of policies and programs. Sec. 6. Agency Chief Science Officers and Scientific Integrity Officials. (a) Within 120 days of the date of this memorandum, the heads of agencies that fund, conduct, or oversee scientific research shall, to the extent consistent with applicable law, designate a senior agency employee for the role of chief science officer, science advisor, or chief scientist (‘‘Chief Science Offi- cer’’), who shall: (i) Serve as the principal advisor to the head of the agency on scientific issues and ensure that the agency’s research programs are scientifically and technologically well-founded and conducted with integrity; and (ii) Oversee the implementation and iterative improvement of policies and processes affecting the integrity of research funded, conducted, or overseen by the agency, as well as policies affecting the Federal and non-Federal scientists who support the research activities of the agency, including scientific-integrity policies consistent with the provisions of this memorandum. (b) Because science, facts, and evidence are vital to addressing policy and programmatic issues across the Federal Government, the heads of all agencies (not only those that fund, conduct, or oversee scientific research) shall designate expeditiously a senior career employee as the agency’s lead scientific-integrity official (‘‘Scientific Integrity Official’’) to oversee implementation and iterative improvement of scientific-integrity policies and processes consistent with the provisions of this memorandum, including implementation of the administrative and dispute resolution processes described in section (3)(c)(iii) of this memorandum. For agencies with a Chief Science Officer, the Scientific Integrity Official shall report to the Chief Science Officer on all matters involving scientific-integrity policies. (c) To the extent necessary to fully implement the provisions of this memorandum, heads of agencies may designate additional scientific-integrity points of contact in different offices and components, who shall coordinate with the agency’s Scientific Integrity Official in implementing the agency’s scientific-integrity policies and processes. (d) Heads of agencies should ensure those designated to serve in the roles described in this section, along with their respective staffs, are selected based on their scientific and technological knowledge, skills, experience, and integrity, including experience conducting and overseeing scientific research and utilizing scientific and technological information and data in agency decision-making, prioritizing experience with evidence-based, equitable, inclusive, and participatory practices and structures for the conduct of scientific research and the communication of scientific results.

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(e) The Director or a designee of the Director shall regularly convene Chief Science Officers and Scientific Integrity Officials to encourage the discussion and expansion of effective scientific-integrity policies and practices among agencies. Sec. 7. Scientific Advisory Committees. (a) Within 90 days of the date of this memorandum, heads of agencies shall review their current and future needs for independent scientific and technological advice from Federal advisory committees, commissions, and boards. The review should include an evaluation of those advisory bodies established by law, and should consider both current and anticipated needs. (b) This review shall assess which Federal scientific and technological advisory committees should be rechartered or recreated to ensure that relevant and highly qualified external experts, with proper safeguards against conflicts of interest, can contribute to critical Federal regulations and other agency actions and decision-making. The review shall also identify any agency policies, processes, or practices that may currently prevent or inhibit relevant and highly qualified external experts from serving on such committees. (c) In conducting this review, heads of agencies shall take steps to review the membership of scientific and technological advisory committees and, as appropriate and consistent with applicable law, ensure that members and future nominees reflect the diversity of America in terms of gender, race, ethnicity, geography, and other characteristics; represent a variety of backgrounds, areas of expertise, and experiences; provide well-rounded and expert advice to agencies; and are selected based on their scientific and technological knowledge, skills, experience, and integrity, including prioritization of experience with evidence-based, equitable, inclusive, and participatory practices and structures for the conduct of scientific research and the communication of scientific results. (d) Upon completion of their 90-day review, heads of agencies shall provide a summary report to the Director and the Director of OMB with recommendations on which Federal scientific and technological advisory committees should be rechartered or recreated in accordance with subsection (b) of this section; which scientific and technological advisory committees should be prioritized for membership appointments to ensure they provide well- rounded and expert advice reflecting diverse perspectives, in accordance with subsection (c) of this section; and which agency policies, processes, or practices, if any, should be updated to encourage relevant and highly qualified external experts to serve on such committees. Sec. 8. General Provisions. (a) Nothing in this memorandum 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 memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

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(c) This memorandum 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, Washington, January 27, 2021

[FR Doc. 2021–02839 Filed 2–9–21; 8:45 am] Billing code 3295–F1–P

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Rules and Regulations Federal Register Vol. 86, No. 26

Wednesday, February 10, 2021

This section of the FEDERAL REGISTER Board’s Regulation D (Reserve B. Regulatory Flexibility Act contains regulatory documents having general Requirements of Depository Institutions, applicability and legal effect, most of which 12 CFR part 204) implements the The Regulatory Flexibility Act (RFA) are keyed to and codified in the Code of reserve requirements provisions of does not apply to a rulemaking when a Federal Regulations, which is published under section 19 of the Act. general notice of proposed rulemaking 50 titles pursuant to 44 U.S.C. 1510. On March 15, 2020, the Board is not required.5 Because the Board The Code of Federal Regulations is sold by announced an interim final rule previously determined that it was the Superintendent of Documents. amending Regulation D to lower all unnecessary to publish a general notice transaction account reserve requirement of proposed rulemaking for the interim ratios to zero percent, thereby final rule, the RFA’s requirements FEDERAL RESERVE SYSTEM eliminating all reserve requirements.1 relating to an initial and final regulatory The Board’s interim final rule was flexibility analysis do not apply to this 12 CFR Part 204 published on March 24, 2020.2 In its final rule. [Docket No. R–1702; RIN 7100–AF 76] March 15 press release announcing this action, the Board stated: C. Paperwork Reduction Act of 1995 Regulation D: Reserve Requirements For many years, reserve requirements The Paperwork Reduction Act of of Depository Institutions played a central role in the implementation 1995 6 (PRA) states that no agency may of monetary policy by creating a stable AGENCY: Board of Governors of the conduct or sponsor, nor is a respondent demand for reserves. In January 2019, the Federal Reserve System. FOMC announced its intention to implement required to respond to, an information ACTION: Final rule. monetary policy in an ample reserves regime. collection unless it displays a currently Reserve requirements do not play a valid Office of Management and Budget SUMMARY: The Board of Governors of the significant role in this operating framework. (OMB) control number. The final rule Federal Reserve System (‘‘Board’’) is In light of the shift to an ample reserves contains no collections of information adopting as a final rule, without change, regime, the Board has reduced reserve subject to the PRA. its March 24, 2020 interim final rule requirement ratios to zero percent effective amending its Regulation D (Reserve on March 26, the beginning of the next D. Use of Plain Language Requirements of Depository Institutions) reserve maintenance period. This action eliminates reserve requirements for Section 722 of the Gramm-Leach to lower reserve requirement ratios on thousands of depository institutions and will 7 transaction accounts maintained at Bliley Act requires banking agencies to help to support lending to households and use plain language in all proposed and depository institutions to zero percent. 3 businesses. final rules published after January 1, DATES: The final rule is effective March The Board requested public comment 2000. The Board received no comments 12, 2021. on the interim final rule. The public with respect to making the interim final FOR FURTHER INFORMATION CONTACT: comment period closed on May 26, rule easier to understand and is Sophia H. Allison, Senior Special 2020. The Board received no comments adopting the final rule without change. Counsel, (202–452–3565), Legal on the interim final rule and, Division, or Matthew Malloy (202–452– accordingly, is adopting the interim Authority and Issuance 2416), Division of Monetary Affairs, or final rule as a final rule without change. Heather Wiggins (202–452–3674), ■ For the reasons set forth in the Division of Monetary Affairs; for users II. Regulatory Analysis preamble, the interim final rule of Telecommunications Device for the A. Administrative Procedure Act and amending 12 CFR part 204 of chapter II, Deaf (TDD) only, contact 202–263–4869; Effective Date title 12 of the Code of Federal Board of Governors of the Federal Regulations, which was published at 85 Reserve System, 20th and C Streets NW, The Administrative Procedure Act FR 16525 on March 24, 2020, is adopted (APA) generally requires that a final rule Washington, DC 20551. as a final rule without change. be published in the Federal Register no SUPPLEMENTARY INFORMATION: less than 30 days before its effective By order of the Board of Governors of the I. Statutory and Regulatory date.4 Therefore, the final rule will Federal Reserve System. Background; Discussion become effective on March 12, 2021. Margaret McCloskey Shanks, Section 19 of the Federal Reserve Act The interim final rule will remain in Deputy Secretary of the Board. (the ‘‘Act’’) imposes reserve effect until the final rule becomes [FR Doc. 2020–28756 Filed 2–9–21; 8:45 am] effective. requirements on certain types of BILLING CODE 6210–01–P deposits and other liabilities of depository institutions. Specifically, 1 Reserve requirements for nonpersonal time deposits and Eurocurrency liabilities have been set section 19(b)(2) of the Act (12 U.S.C. at zero percent since 1990. See 55 FR 50540 461(b)(2)) requires each depository (December 7, 1990). institution to maintain reserves against 2 Interim Final Rule, 85 FR16525 (Mar. 24, 2020). 3 Press Release, ‘‘Federal Reserve Actions to its transaction accounts, nonpersonal 5 5 U.S.C. 603, 604. Support the Flow of Credit to Households and time deposits, and Eurocurrency 6 Businesses’’ (March 15, 2020), https:// 44 U.S.C. 3506; see 5 CFR part 1320 Appendix liabilities, as prescribed by Board www.federalreserve.gov/newsevents/pressreleases/ A.1. regulations, for the purpose of monetary20200315b.htm. 7 Public Law 106–102, section 722, 113 Stat. implementing monetary policy. The 4 5 U.S.C. 553(d). 1338, 1471 (1999).

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FARM CREDIT SYSTEM INSURANCE FCSIC must enact regulations that 2015 Act, results in a new penalty CORPORATION annually adjust its CMPs pursuant to amount of $217. the inflation adjustment formula of the 12 CFR Part 1411 amended Inflation Adjustment Act and IV. Notice and Comment Not Required by Administrative Procedure Act RIN 3055–AA17 rounded using a method prescribed by the Inflation Adjustment Act. The new In accordance with the 2015 Act, Rules of Practice and Procedure; amounts are applicable to penalties Federal agencies shall adjust civil assessed on or after January 15, 2021, for Adjusting Civil Money Penalties for monetary penalties ‘‘notwithstanding’’ Inflation conduct occurring on or after November Section 553 of the Administrative 2, 2015. Agencies do not have discretion AGENCY Procedures Act. This means that public : Farm Credit System Insurance in choosing whether to adjust a CMP, by Corporation. how much to adjust a CMP, or the procedure generally required for agency ACTION: Final rule. methods used to determine the rulemaking—notice, an opportunity for adjustment. comment, and a delay in effective SUMMARY: This rule implements date—is not required for agencies to inflation adjustments to civil money II. CMPs Imposed Pursuant to Section issue regulations implementing the penalties (CMPs) that the Farm Credit 5.65 of the Farm Credit Act annual adjustment. System Insurance Corporation (FCSIC) may impose under the Farm Credit Act First, section 5.65(c) of the Farm List of Subjects in 12 CFR Part 1411 of 1971, as amended. These adjustments Credit Act, as amended (Act), provides are required by 2015 amendments to the that any insured Farm Credit System Banks, banking, Civil money Federal Civil Penalties Inflation bank that willfully fails or refuses to file penalties, Penalties. Adjustment Act of 1990. any certified statement or pay any required premium shall be subject to a For the reasons stated in the DATES: preamble, part 1411 of chapter XIV, title Effective date: This regulation is penalty of not more than $100 for each day that such violations continue, 12 of the Code of Federal Regulations is effective on February 10, 2021. amended as follows: Applicability date: The adjusted which penalty FCSIC may recover for its use.3 Second, section 5.65(d) of the Act amounts of civil money penalties in this PART 1411—RULES OF PRACTICE provides that, except with the prior rule are applicable to penalties assessed AND PROCEDURE on or after January 15, 2021, for conduct written consent of the Farm Credit occurring on or after November 2, 2015. Administration, it shall be unlawful for ■ 1. The authority citation for part 1411 FOR FURTHER INFORMATION CONTACT: any person convicted of any criminal continues to read as follows: Lynn M. Powalski, General Counsel, offense involving dishonesty or a breach Farm Credit System Insurance of trust to serve as a director, officer, or Authority: Secs. 5.58(10), 5.65(c) and (d) 4 Corporation, 1501 Farm Credit Drive, employee of any System institution. of the Farm Credit Act (12 U.S.C. 2277a– McLean, Virginia 22102, (703) 883– For each willful violation of section 7(10), 2277a–14(c) and (d)); 28 U.S.C. 2461 4380, TTY (703) 883–4390. 5.65(d), the institution involved shall be note. subject to a penalty of not more than SUPPLEMENTARY INFORMATION: $100 for each day during which the ■ 2. Revise § 1411.1 to read as follows: I. Background violation continues, which FCSIC may § 1411.1 Inflation adjustment of civil The Federal Civil Penalties Inflation recover for its use. money penalties for failure to file a certified Adjustment Act Improvements Act of FCSIC’s current § 1411.1 provides that statement, pay any premium required or 2015 (the 2015 Act) amended the FCSIC can impose a maximum penalty obtain approval before employment of Federal Civil Penalties Inflation of $214 per day for a violation under persons convicted of criminal offenses. Adjustment Act of 1990 (the Inflation section 5.65(c) and (d) of the Act. In accordance with the Federal Civil Adjustment Act) 1 to improve the III. Required Adjustments Penalties Inflation Adjustment Act of effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Act requires agencies to 1990, as amended, a civil money The Inflation Adjustment Act provides make annual adjustments for inflation. penalty imposed pursuant to section for the regular evaluation of CMPs and Annual inflation adjustments are based 5.65(c) or (d) of the Farm Credit Act of requires FCSIC, and every other Federal on the percent change between the 1971, as amended, shall not exceed agency with authority to impose CMPs, October Consumer Price Index for all $217 per day for each day the violation to ensure that CMPs continue to Urban Consumers (CPI–U) preceding the continues. maintain their deterrent values.2 date of the adjustment, and the prior Dated: January 19, 2021. year’s October CPI–U. Based on the CPI– Dale Aultman, 1 Public Law 101–410, 104 Stat. 890 (Oct. 5, U for October 2020, not seasonally 1990), as amended by Public Law 104–134, title III, adjusted, the cost-of-living adjustment Secretary, Farm Credit System Insurance Corporation. § 31001(s)(1), 110 Stat. 1321–373 (Apr. 26, 1996); multiplier for 2021 is 1.01182.5 Public Law 105–362, title XIII, § 1301(a), 112 Stat. [FR Doc. 2021–01578 Filed 2–9–21; 8:45 am] 3293 (Nov. 10, 1998); Public Law 114–74, title VII, Multiplying 1.01182 times the current § 701(b), 129 Stat. 599 (Nov. 2, 2015), codified at penalty amount of $214, after rounding BILLING CODE 6710–01–P 28 U.S.C. 2461 note. to the nearest dollar as required by the 2 Under the amended Inflation Adjustment Act, a CMP is defined as any penalty, fine, or other sanction that: (1) Either is for a specific monetary 3 12 U.S.C. 2277a–14(c). amount as provided by Federal law or has a 4 12 U.S.C. 2277a–14(d). maximum amount provided for by Federal law; (2) 5 See Office of Mgmt. & Budget, Exec. Office of is assessed or enforced by an agency pursuant to the President, OMB Memorandum No. M–21–10, Federal law; and (3) is assessed or enforced Implementation of Penalty Inflation Adjustments pursuant to an administrative proceeding or a civil for 2020, Pursuant to the Federal Civil Penalties action in the Federal courts. All three requirements Inflation Adjustment Act Improvements Act of 2015 must be met for a fine to be considered a CMP. (December 23, 2020).

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DEPARTMENT OF ENERGY rule because the rule concerns agency APPENDIX A TO PART 11—FEE procedure and practice and will not SCHEDULE FOR FY 2021—Continued Federal Energy Regulatory substantially affect the rights or Commission obligations of non-agency parties. This State County Fee/acre/yr final rule merely updates the fee Lee ...... 109.36 18 CFR Part 11 schedule published in the Code of Limestone ...... 108.88 [Docket No. RM11–6–000] Federal Regulations to reflect scheduled Lowndes ...... 50.02 adjustments, as provided for in § 11.2 of Macon ...... 61.85 Madison ...... 139.82 Annual Update to Fee Schedule for the the Commission’s regulations. Marengo ...... 52.89 Use of Government Lands by List of Subjects in 18 CFR Part 11 Marion ...... 61.64 Hydropower Licensees Marshall ...... 116.76 Public lands. Mobile ...... 124.85 AGENCY: Federal Energy Regulatory Monroe ...... 63.14 By the Executive Director. Commission. Montgomery ...... 70.10 Issued: February 2, 2021. Morgan ...... 116.03 ACTION: Final rule. Perry ...... 58.18 Anton C. Porter, Pickens ...... 66.62 SUMMARY: In accordance with the Executive Director, Office of the Executive Pike ...... 69.04 Commission’s regulations, the Director. Randolph ...... 83.19 Russell ...... 66.96 Commission, by its designee, the In consideration of the foregoing, the Shelby ...... 104.77 Executive Director, issues this notice of Commission amends part 11, chapter I, St. Clair ...... 112.71 the annual update to the fee schedule, title 18, Code of Federal Regulations, as Sumter ...... 49.33 which lists per-acre rental fees by Talladega ...... 87.20 follows. Tallapoosa ...... 75.23 county (or other geographic area) for use Tuscaloosa ...... 88.65 of government lands by hydropower PART 11—[AMENDED] Walker ...... 79.56 licensees. Washington ...... 53.39 ■ 1. The authority citation for part 11 is Wilcox ...... 47.91 DATES: This rule is effective February revised to read as follows: Winston ...... 72.86 10, 2021. The updates to appendix A to Alaska ...... Aleutian Islands 0.88 part 11, with the fee schedule of per- Authority: 16 U.S.C. 792–828c; 42 U.S.C. Statewide ...... 47.24 7101–7352. Arizona ...... Apache ...... 4.37 acre rental fees by county (or other Cochise ...... 31.88 geographic area), are from October 1, ■ 2. Appendix A to Part 11 is revised to Coconino ...... 3.37 2020, through September 30, 2021 read as follows: Gila ...... 6.18 (Fiscal Year 2021). Graham ...... 10.30 Greenlee ...... 24.79 FOR FURTHER INFORMATION CONTACT: APPENDIX A TO PART 11—FEE La Paz ...... 32.05 Raven A. Rodriguez, Financial SCHEDULE FOR FY 2021 Maricopa ...... 146.85 Management Division, Office of the Mohave ...... 13.34 State County Fee/acre/yr Navajo ...... 3.51 Executive Director, Federal Energy Pima ...... 8.38 Regulatory Commission, 888 First Street Alabama ...... Autauga ...... $58.11 Pinal ...... 43.95 NE, Washington, DC 20426, (202) 502– Baldwin ...... 153.43 Santa Cruz ...... 31.70 Barbour ...... 58.84 Yavapai ...... 26.25 6276, [email protected]. Bibb ...... 73.97 Yuma ...... 146.83 SUPPLEMENTARY INFORMATION: Blount ...... 94.92 Arkansas ...... Arkansas ...... 61.89 Bullock ...... 56.45 Ashley ...... 56.84 Annual Update to Fee Schedule Butler ...... 64.67 Baxter ...... 52.83 Section 11.2 of the Commission’s Calhoun ...... 111.89 Benton ...... 127.23 Chambers ...... 66.22 Boone ...... 51.77 regulations provides a method for Cherokee ...... 83.46 Bradley ...... 64.56 computing reasonable annual charges Chilton ...... 92.99 Calhoun ...... 50.89 for recompensing the United States for Choctaw ...... 54.02 Carroll ...... 54.01 the use, occupancy, and enjoyment of Clarke ...... 60.06 Chicot ...... 58.35 Clay ...... 73.97 Clark ...... 47.55 1 its lands by hydropower licensees. Cleburne ...... 91.18 Clay ...... 84.65 Annual charges for the use of Coffee ...... 69.38 Cleburne ...... 57.71 government lands are payable in Colbert ...... 70.23 Cleveland ...... 83.12 advance, and are based on an annual Conecuh ...... 56.45 Columbia ...... 45.63 Coosa ...... 60.40 Conway ...... 49.91 schedule of per-acre rental fees Covington ...... 70.73 Craighead ...... 90.60 published in Appendix A to Part 11 of Crenshaw ...... 65.72 Crawford ...... 60.26 the Commission’s regulations.2 This Cullman ...... 104.80 Crittenden ...... 75.64 notice updates the fee schedule in Dale ...... 79.29 Cross ...... 66.19 Dallas ...... 49.41 Dallas ...... 38.28 Appendix A to Part 11 for fiscal year DeKalb ...... 103.69 Desha ...... 63.91 2021 (October 1, 2020, through Elmore ...... 78.95 Drew ...... 56.82 September 30, 2021). Escambia ...... 64.77 Faulkner ...... 75.42 Etowah ...... 101.08 Franklin ...... 50.36 Effective Date Fayette ...... 58.13 Fulton ...... 36.67 Franklin ...... 64.59 Garland ...... 102.64 This final rule is effective February Geneva ...... 65.25 Grant ...... 70.94 10, 2021. The provisions of 5 U.S.C. Greene ...... 51.41 Greene ...... 83.26 804, regarding Congressional review of Hale ...... 59.55 Hempstead ...... 49.18 Henry ...... 67.99 Hot Spring ...... 54.66 final rules, do not apply to this final Houston ...... 93.10 Howard ...... 56.08 Jackson ...... 80.16 Independence .... 45.15 1 Annual Charges for the Use of Government Jefferson ...... 116.29 Izard ...... 40.21 Lands, Order No. 774, 78 FR 5256 (January 25, Lamar ...... 48.99 Jackson ...... 66.17 2013), FERC Stats. & Regs. ¶ 31,341 (2013). Lauderdale ...... 95.55 Jefferson ...... 64.17 2 18 CFR part 11 (2018). Lawrence ...... 100.03 Johnson ...... 54.84

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APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued

State County Fee/acre/yr State County Fee/acre/yr State County Fee/acre/yr

Lafayette ...... 50.03 Santa Barbara ... 64.90 Yuma ...... 27.27 Lawrence ...... 70.43 Santa Clara ...... 50.86 Connecticut ...... Fairfield ...... 272.73 Lee ...... 62.32 Santa Cruz ...... 133.49 Hartford ...... 407.45 Lincoln ...... 60.53 Shasta ...... 18.25 Litchfield ...... 286.07 Little River ...... 47.41 Sierra ...... 10.64 Middlesex ...... 376.75 Logan ...... 49.08 Siskiyou ...... 19.17 New Haven ...... 593.52 Lonoke ...... 72.34 Solano ...... 57.19 New London ...... 289.73 Madison ...... 61.54 Sonoma ...... 138.70 Tolland ...... 245.16 Marion ...... 47.88 Stanislaus ...... 97.65 Windham ...... 238.82 Miller ...... 50.63 Sutter ...... 59.55 Delaware ...... Kent ...... 203.48 Mississippi ...... 67.49 Tehama ...... 26.96 New Castle ...... 243.96 Monroe ...... 55.45 Trinity ...... 12.01 Sussex ...... 217.61 Montgomery ...... 51.05 Tulare ...... 73.31 Florida ...... Alachua ...... 150.03 Nevada ...... 46.47 Tuolumne ...... 23.23 Baker ...... 87.89 Newton ...... 47.85 Ventura ...... 159.41 Bay ...... 39.29 Ouachita ...... 43.82 Yolo ...... 60.66 Bradford ...... 91.51 Perry ...... 54.17 Yuba ...... 51.40 Brevard ...... 96.30 Phillips ...... 62.58 Colorado ...... Adams ...... 26.93 Broward ...... 634.84 Pike ...... 51.22 Alamosa ...... 35.40 Calhoun ...... 41.26 Poinsett ...... 75.05 Arapahoe ...... 37.74 Charlotte ...... 137.47 Polk ...... 58.12 Archuleta ...... 51.83 Citrus ...... 151.89 Pope ...... 63.05 Baca ...... 13.09 Clay ...... 109.69 Prairie ...... 57.35 Bent ...... 11.52 Collier ...... 90.97 Pulaski ...... 77.17 Boulder ...... 209.92 Columbia ...... 83.54 Randolph ...... 57.67 Broomfield ...... 91.29 Dade ...... 717.41 Saline ...... 67.25 Chaffee ...... 84.74 DeSoto ...... 95.94 Scott ...... 48.20 Cheyenne ...... 13.99 Dixie ...... 71.30 Searcy ...... 36.98 Clear Creek ...... 52.72 Duval ...... 144.11 Sebastian ...... 65.66 Conejos ...... 28.17 Escambia ...... 118.88 Sevier ...... 52.40 Costilla ...... 20.29 Flagler ...... 106.61 Sharp ...... 41.87 Crowley ...... 8.50 Franklin ...... 113.04 St. Francis ...... 61.04 Custer ...... 32.44 Gadsden ...... 81.53 Stone ...... 42.48 Delta ...... 80.37 Gilchrist ...... 101.93 Union ...... 54.31 Denver ...... 1,064.15 Glades ...... 82.53 Van Buren ...... 54.09 Dolores ...... 29.77 Gulf ...... 27.49 Washington ...... 100.80 Douglas ...... 112.66 Hamilton ...... 74.04 White ...... 54.58 Eagle ...... 55.25 Hardee ...... 102.24 Woodruff ...... 63.91 El Paso ...... 23.49 Hendry ...... 93.87 Yell ...... 52.93 Elbert ...... 25.48 Hernando ...... 200.91 California ...... Alameda ...... 44.43 Fremont ...... 39.01 Highlands ...... 74.82 Alpine ...... 28.59 Garfield ...... 40.06 Hillsborough ...... 223.71 Amador ...... 27.85 Gilpin ...... 70.57 Holmes ...... 63.87 Butte ...... 75.28 Grand ...... 36.72 Indian River ...... 110.05 Calaveras ...... 22.22 Gunnison ...... 42.86 Jackson ...... 70.76 Colusa ...... 49.81 Hinsdale ...... 30.74 Jefferson ...... 66.43 Contra Costa ..... 43.27 Huerfano ...... 16.06 Lafayette ...... 57.93 Del Norte ...... 51.98 Jackson ...... 22.09 Lake ...... 151.95 El Dorado ...... 62.06 Jefferson ...... 128.83 Lee ...... 233.82 Fresno ...... 71.01 Kiowa ...... 12.59 Leon ...... 81.72 Glenn ...... 55.73 Kit Carson ...... 20.36 Levy ...... 88.27 Humboldt ...... 19.32 La Plata ...... 37.72 Liberty ...... 75.02 Imperial ...... 69.61 Lake ...... 34.32 Madison ...... 67.56 Inyo ...... 3.88 Larimer ...... 77.43 Manatee ...... 149.11 Kern ...... 46.14 Las Animas ...... 10.05 Marion ...... 212.90 Kings ...... 67.61 Lincoln ...... 11.76 Martin ...... 84.21 Lake ...... 40.98 Logan ...... 19.84 Monroe ...... 113.04 Lassen ...... 13.37 Mesa ...... 92.23 Nassau ...... 71.72 Los Angeles ...... 116.16 Mineral ...... 57.46 Okaloosa ...... 91.24 Madera ...... 68.51 Moffat ...... 13.34 Okeechobee ...... 80.90 Marin ...... 36.65 Montezuma ...... 20.22 Orange ...... 161.53 Mariposa ...... 12.90 Montrose ...... 51.65 Osceola ...... 74.33 Mendocino ...... 23.94 Morgan ...... 28.97 Palm Beach ...... 160.51 Merced ...... 81.81 Otero ...... 12.52 Pasco ...... 137.18 Modoc ...... 12.23 Ouray ...... 51.00 Pinellas ...... 1,100.80 Mono ...... 12.01 Park ...... 28.05 Polk ...... 116.16 Monterey ...... 46.06 Phillips ...... 28.25 Putnam ...... 76.19 Napa ...... 276.04 Pitkin ...... 127.19 Santa Rosa ...... 102.72 Nevada ...... 46.42 Prowers ...... 13.46 Sarasota ...... 176.14 Orange ...... 119.37 Pueblo ...... 17.17 Seminole ...... 158.44 Placer ...... 41.98 Rio Blanco ...... 22.93 St. Johns ...... 162.96 Plumas ...... 14.37 Rio Grande ...... 52.15 St. Lucie ...... 114.48 Riverside ...... 113.43 Routt ...... 52.45 Sumter ...... 115.42 Sacramento ...... 62.82 Saguache ...... 31.69 Suwannee ...... 84.63 San Benito ...... 22.31 San Juan ...... 26.85 Taylor ...... 69.92 San Bernardino 124.39 San Miguel ...... 24.88 Union ...... 71.30 San Diego ...... 145.10 Sedgwick ...... 22.59 Volusia ...... 197.48 San Francisco ... 486.14 Summit ...... 70.55 Wakulla ...... 65.51 San Joaquin ...... 93.90 Teller ...... 33.78 Walton ...... 72.24 San Luis Obispo 47.18 Washington ...... 18.33 Washington ...... 73.18 San Mateo ...... 61.07 Weld ...... 43.18 Georgia ...... Appling ...... 79.92

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APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued

State County Fee/acre/yr State County Fee/acre/yr State County Fee/acre/yr

Atkinson ...... 71.43 Jenkins ...... 64.45 Kauai ...... 190.38 Bacon ...... 101.24 Johnson ...... 51.48 Maui ...... 243.03 Baker ...... 54.66 Jones ...... 69.02 Idaho ...... Ada ...... 120.65 Baldwin ...... 53.25 Lamar ...... 86.12 Adams ...... 19.66 Banks ...... 132.36 Lanier ...... 74.53 Bannock ...... 24.77 Barrow ...... 161.29 Laurens ...... 51.56 Bear Lake ...... 18.25 Bartow ...... 148.20 Lee ...... 83.24 Benewah ...... 24.56 Ben Hill ...... 60.73 Liberty ...... 130.10 Bingham ...... 32.27 Berrien ...... 76.94 Lincoln ...... 76.87 Blaine ...... 32.09 Bibb ...... 98.54 Long ...... 82.67 Boise ...... 18.18 Bleckley ...... 63.46 Lowndes ...... 134.08 Bonner ...... 63.88 Brantley ...... 71.80 Lumpkin ...... 145.74 Bonneville ...... 36.98 Brooks ...... 85.99 Macon ...... 79.13 Boundary ...... 60.69 Bryan ...... 75.69 Madison ...... 139.32 Butte ...... 26.04 Bulloch ...... 70.45 Marion ...... 58.42 Camas ...... 17.01 Burke ...... 69.93 McDuffie ...... 73.64 Canyon ...... 104.53 Butts ...... 95.86 McIntosh ...... 58.35 Caribou ...... 23.54 Calhoun ...... 74.14 Meriwether ...... 80.24 Cassia ...... 40.47 Camden ...... 70.47 Miller ...... 79.75 Clark ...... 22.26 Candler ...... 77.73 Mitchell ...... 91.06 Clearwater ...... 31.32 Carroll ...... 117.72 Monroe ...... 80.66 Custer ...... 34.58 Catoosa ...... 135.36 Montgomery ...... 63.56 Elmore ...... 31.61 Charlton ...... 59.70 Morgan ...... 114.94 Franklin ...... 29.49 Chatham ...... 124.91 Murray ...... 124.66 Fremont ...... 35.10 Chattahoochee .. 72.76 Muscogee ...... 123.06 Gem ...... 35.71 Chattooga ...... 87.12 Newton ...... 110.07 Gooding ...... 76.32 Cherokee ...... 213.38 Oconee ...... 177.96 Idaho ...... 20.85 Clarke ...... 190.26 Oglethorpe ...... 107.07 Jefferson ...... 44.68 Clay ...... 58.22 Paulding ...... 142.20 Jerome ...... 76.61 Clayton ...... 205.51 Peach ...... 141.83 Kootenai ...... 70.09 Clinch ...... 97.97 Pickens ...... 209.79 Latah ...... 32.25 Cobb ...... 281.03 Pierce ...... 70.77 Lemhi ...... 32.04 Coffee ...... 74.19 Pike ...... 120.45 Lewis ...... 24.91 Colquitt ...... 81.37 Polk ...... 88.94 Lincoln ...... 46.31 Columbia ...... 109.51 Pulaski ...... 65.70 Madison ...... 52.80 Cook ...... 74.73 Putnam ...... 103.46 Minidoka ...... 57.58 Coweta ...... 118.68 Quitman ...... 56.75 Nez Perce ...... 26.37 Crawford ...... 99.10 Rabun ...... 202.68 Oneida ...... 21.03 Crisp ...... 75.39 Randolph ...... 69.66 Owyhee ...... 20.65 Dade ...... 97.92 Richmond ...... 90.52 Payette ...... 44.46 Dawson ...... 171.76 Rockdale ...... 173.66 Power ...... 31.29 Decatur ...... 80.19 Schley ...... 70.05 Shoshone ...... 85.18 DeKalb ...... 1,154.43 Screven ...... 54.11 Teton ...... 50.16 Dodge ...... 63.95 Seminole ...... 77.26 Twin Falls ...... 56.31 Dooly ...... 71.87 Spalding ...... 125.96 Valley ...... 32.91 Dougherty ...... 95.17 Stephens ...... 142.03 Washington ...... 17.18 Douglas ...... 164.68 Stewart ...... 50.89 Illinois ...... Adams ...... 174.17 Early ...... 63.19 Sumter ...... 70.32 Alexander ...... 91.63 Echols ...... 68.65 Talbot ...... 67.27 Bond ...... 184.02 Effingham ...... 79.94 Taliaferro ...... 80.98 Boone ...... 209.10 Elbert ...... 96.55 Tattnall ...... 95.29 Brown ...... 149.86 Emanuel ...... 51.43 Taylor ...... 51.14 Bureau ...... 220.02 Evans ...... 66.39 Telfair ...... 54.36 Calhoun ...... 112.14 Fannin ...... 145.17 Terrell ...... 68.95 Carroll ...... 215.20 Fayette ...... 133.84 Thomas ...... 89.53 Cass ...... 171.27 Floyd ...... 119.69 Tift ...... 78.07 Champaign ...... 249.42 Forsyth ...... 193.80 Toombs ...... 68.38 Christian ...... 231.24 Franklin ...... 141.39 Towns ...... 135.21 Clark ...... 152.80 Fulton ...... 468.90 Treutlen ...... 46.32 Clay ...... 137.09 Gilmer ...... 188.34 Troup ...... 79.84 Clinton ...... 185.46 Glascock ...... 39.16 Turner ...... 75.86 Coles ...... 210.81 Glynn ...... 379.07 Twiggs ...... 59.45 Cook ...... 552.40 Gordon ...... 160.99 Union ...... 141.95 Crawford ...... 140.65 Grady ...... 92.49 Upson ...... 97.26 Cumberland ...... 169.83 Greene ...... 88.21 Walker ...... 104.27 De Witt ...... 224.52 Gwinnett ...... 229.72 Walton ...... 139.32 DeKalb ...... 252.17 Habersham ...... 176.12 Ware ...... 63.09 Douglas ...... 242.83 Hall ...... 229.54 Warren ...... 73.35 DuPage ...... 449.92 Hancock ...... 51.46 Washington ...... 51.80 Edgar ...... 198.77 Haralson ...... 116.84 Wayne ...... 51.16 Edwards ...... 143.81 Harris ...... 106.31 Webster ...... 60.07 Effingham ...... 176.76 Hart ...... 138.29 Wheeler ...... 44.99 Fayette ...... 144.50 Heard ...... 88.82 White ...... 199.88 Ford ...... 207.98 Henry ...... 184.04 Whitfield ...... 152.14 Franklin ...... 119.39 Houston ...... 98.91 Wilcox ...... 64.15 Fulton ...... 165.79 Irwin ...... 79.92 Wilkes ...... 84.79 Gallatin ...... 142.07 Jackson ...... 156.69 Wilkinson ...... 50.42 Greene ...... 165.55 Jasper ...... 85.62 Worth ...... 73.87 Grundy ...... 237.40 Jeff Davis ...... 61.62 Hawaii ...... Hawaii ...... 146.97 Hamilton ...... 128.76 Jefferson ...... 63.71 Honolulu ...... 525.54 Hancock ...... 189.83

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APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued

State County Fee/acre/yr State County Fee/acre/yr State County Fee/acre/yr

Hardin ...... 87.83 Crawford ...... 82.55 Iowa ...... Adair ...... 140.17 Henderson ...... 186.35 Daviess ...... 203.31 Adams ...... 133.66 Henry ...... 211.54 Dearborn ...... 129.69 Allamakee ...... 143.25 Iroquois ...... 196.71 Decatur ...... 188.98 Appanoose ...... 108.95 Jackson ...... 144.18 DeKalb ...... 148.00 Audubon ...... 184.02 Jasper ...... 150.82 Delaware ...... 176.97 Benton ...... 197.98 Jefferson ...... 111.31 Dubois ...... 145.54 Black Hawk ...... 233.79 Jersey ...... 169.45 Elkhart ...... 298.23 Boone ...... 213.50 Jo Daviess ...... 163.56 Fayette ...... 150.90 Bremer ...... 214.17 Johnson ...... 99.08 Floyd ...... 145.57 Buchanan ...... 211.30 Kane ...... 282.64 Fountain ...... 179.61 Buena Vista ...... 215.62 Kankakee ...... 209.39 Franklin ...... 151.28 Butler ...... 192.14 Kendall ...... 242.51 Fulton ...... 168.41 Calhoun ...... 212.86 Knox ...... 195.93 Gibson ...... 173.00 Carroll ...... 215.22 La Salle ...... 244.28 Grant ...... 188.34 Cass ...... 158.00 Lake ...... 325.23 Greene ...... 132.12 Cedar ...... 210.61 Lawrence ...... 151.25 Hamilton ...... 233.45 Cerro Gordo ...... 196.75 Lee ...... 232.04 Hancock ...... 201.25 Cherokee ...... 212.11 Livingston ...... 220.32 Harrison ...... 122.06 Chickasaw ...... 200.02 Logan ...... 224.33 Hendricks ...... 203.79 Clarke ...... 114.47 Macon ...... 247.62 Henry ...... 159.74 Clay ...... 214.01 Macoupin ...... 192.61 Howard ...... 207.17 Clayton ...... 148.62 Madison ...... 233.06 Huntington ...... 182.87 Clinton ...... 202.19 Marion ...... 130.77 Jackson ...... 141.27 Crawford ...... 181.55 Marshall ...... 216.17 Jasper ...... 172.25 Dallas ...... 218.94 Mason ...... 186.93 Jay ...... 202.37 Davis ...... 104.96 Massac ...... 103.63 Jefferson ...... 110.48 Decatur ...... 103.05 McDonough ...... 196.33 Jennings ...... 121.77 Delaware ...... 208.33 McHenry ...... 255.41 Johnson ...... 179.96 Des Moines ...... 185.20 McLean ...... 263.52 Knox ...... 166.06 Dickinson ...... 199.38 Menard ...... 208.99 Kosciusko ...... 189.97 Dubuque ...... 231.38 Mercer ...... 175.37 LaGrange ...... 246.77 Emmet ...... 192.49 Monroe ...... 178.26 Lake ...... 185.86 Fayette ...... 192.33 Montgomery ...... 194.78 LaPorte ...... 196.23 Floyd ...... 197.23 Morgan ...... 220.77 Lawrence ...... 99.14 Franklin ...... 209.43 Moultrie ...... 233.89 Madison ...... 216.33 Fremont ...... 160.86 Ogle ...... 230.19 Marion ...... 281.85 Greene ...... 222.37 Peoria ...... 211.27 Marshall ...... 166.99 Grundy ...... 243.52 Perry ...... 128.01 Martin ...... 103.68 Guthrie ...... 168.88 Piatt ...... 247.89 Miami ...... 180.09 Hamilton ...... 217.50 Pike ...... 158.37 Monroe ...... 175.26 Hancock ...... 204.26 Pope ...... 93.45 Montgomery ...... 186.34 Hardin ...... 209.40 Pulaski ...... 109.84 Morgan ...... 167.79 Harrison ...... 165.12 Putnam ...... 224.12 Newton ...... 179.64 Henry ...... 167.97 Randolph ...... 145.17 Noble ...... 170.59 Howard ...... 199.81 Richland ...... 141.35 Ohio ...... 116.54 Humboldt ...... 216.77 Rock Island ...... 186.45 Orange ...... 119.77 Ida ...... 196.91 Saline ...... 129.14 Owen ...... 121.21 Iowa ...... 171.93 Sangamon ...... 239.08 Parke ...... 155.81 Jackson ...... 160.09 Schuyler ...... 146.81 Perry ...... 107.07 Jasper ...... 174.53 Scott ...... 173.95 Pike ...... 131.56 Jefferson ...... 148.43 Shelby ...... 188.65 Porter ...... 180.52 Johnson ...... 215.40 St. Clair ...... 198.55 Posey ...... 162.03 Jones ...... 186.59 Stark ...... 222.57 Pulaski ...... 164.08 Keokuk ...... 156.44 Stephenson ...... 225.51 Putnam ...... 171.69 Kossuth ...... 211.52 Tazewell ...... 221.44 Randolph ...... 171.21 Lee ...... 138.46 Union ...... 113.72 Ripley ...... 137.75 Linn ...... 223.20 Vermilion ...... 219.59 Rush ...... 193.57 Louisa ...... 177.72 Wabash ...... 148.12 Scott ...... 143.22 Lucas ...... 91.47 Warren ...... 216.62 Shelby ...... 185.30 Lyon ...... 267.69 Washington ...... 171.92 Spencer ...... 122.97 Madison ...... 151.91 Wayne ...... 127.53 St. Joseph ...... 215.77 Mahaska ...... 165.98 White ...... 133.39 Starke ...... 133.51 Marion ...... 154.67 Whiteside ...... 211.27 Steuben ...... 147.73 Marshall ...... 203.69 Will ...... 237.93 Sullivan ...... 132.79 Mills ...... 160.60 Williamson ...... 105.82 Switzerland ...... 109.34 Mitchell ...... 210.79 Winnebago ...... 191.06 Tippecanoe ...... 240.84 Monona ...... 154.43 Woodford ...... 240.18 Tipton ...... 217.90 Monroe ...... 112.73 Indiana ...... Adams ...... 220.75 Union ...... 169.15 Montgomery ...... 152.23 Allen ...... 212.11 Vanderburgh ...... 210.94 Muscatine ...... 180.11 Bartholomew ..... 178.44 Vermillion ...... 151.39 O’Brien ...... 260.70 Benton ...... 206.35 Vigo ...... 144.74 Osceola ...... 234.84 Blackford ...... 176.22 Wabash ...... 167.82 Page ...... 143.92 Boone ...... 203.33 Warren ...... 181.05 Palo Alto ...... 214.79 Brown ...... 117.13 Warrick ...... 144.85 Plymouth ...... 229.45 Carroll ...... 201.14 Washington ...... 120.09 Pocahontas ...... 216.13 Cass ...... 166.57 Wayne ...... 146.53 Polk ...... 236.95 Clark ...... 147.14 Wells ...... 201.28 Pottawattamie .... 181.82 Clay ...... 136.07 White ...... 208.51 Poweshiek ...... 179.79 Clinton ...... 191.27 Whitley ...... 169.23 Ringgold ...... 103.29

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APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued

State County Fee/acre/yr State County Fee/acre/yr State County Fee/acre/yr

Sac ...... 212.89 Mitchell ...... 49.56 Franklin ...... 105.93 Scott ...... 256.97 Montgomery ...... 53.33 Fulton ...... 98.11 Shelby ...... 183.67 Morris ...... 43.04 Gallatin ...... 75.97 Sioux ...... 278.87 Morton ...... 27.17 Garrard ...... 77.89 Story ...... 253.73 Nemaha ...... 79.76 Grant ...... 88.36 Tama ...... 194.47 Neosho ...... 52.08 Graves ...... 102.14 Taylor ...... 128.97 Ness ...... 28.76 Grayson ...... 78.94 Union ...... 119.48 Norton ...... 36.11 Green ...... 69.30 Van Buren ...... 125.27 Osage ...... 52.85 Greenup ...... 65.98 Wapello ...... 130.68 Osborne ...... 37.41 Hancock ...... 79.50 Warren ...... 151.05 Ottawa ...... 53.36 Hardin ...... 122.68 Washington ...... 184.64 Pawnee ...... 43.99 Harlan ...... 41.76 Wayne ...... 113.96 Phillips ...... 38.26 Harrison ...... 82.78 Webster ...... 213.02 Pottawatomie ..... 65.30 Hart ...... 82.19 Winnebago ...... 187.32 Pratt ...... 54.53 Henderson ...... 136.08 Winneshiek ...... 171.56 Rawlins ...... 40.91 Henry ...... 103.10 Woodbury ...... 197.66 Reno ...... 56.75 Hickman ...... 107.19 Worth ...... 186.43 Republic ...... 68.62 Hopkins ...... 90.04 Wright ...... 202.97 Rice ...... 54.02 Jackson ...... 62.91 Kansas ...... Allen ...... 53.84 Riley ...... 80.18 Jefferson ...... 328.35 Anderson ...... 54.07 Rooks ...... 33.19 Jessamine ...... 177.31 Atchison ...... 80.66 Rush ...... 34.47 Johnson ...... 80.14 Barber ...... 38.10 Russell ...... 35.53 Kenton ...... 149.46 Barton ...... 41.66 Saline ...... 62.91 Knott ...... 34.15 Bourbon ...... 53.28 Scott ...... 40.20 Knox ...... 63.93 Brown ...... 93.05 Sedgwick ...... 91.91 Larue ...... 94.77 Butler ...... 60.18 Seward ...... 37.41 Laurel ...... 89.27 Chase ...... 50.71 Shawnee ...... 79.41 Lawrence ...... 42.70 Chautauqua ...... 43.28 Sheridan ...... 41.50 Lee ...... 54.66 Cherokee ...... 58.67 Sherman ...... 46.73 Leslie ...... 102.01 Cheyenne ...... 39.19 Smith ...... 50.65 Letcher ...... 80.11 Clark ...... 31.50 Stafford ...... 47.84 Lewis ...... 55.97 Clay ...... 71.96 Stanton ...... 28.23 Lincoln ...... 86.68 Cloud ...... 61.08 Stevens ...... 36.80 Livingston ...... 75.09 Coffey ...... 48.42 Sumner ...... 48.77 Logan ...... 128.95 Comanche ...... 30.75 Thomas ...... 46.35 Lyon ...... 83.34 Cowley ...... 49.06 Trego ...... 30.27 Madison ...... 92.61 Crawford ...... 53.44 Wabaunsee ...... 51.13 Magoffin ...... 55.28 Decatur ...... 38.69 Wallace ...... 35.87 Marion ...... 92.98 Dickinson ...... 56.78 Washington ...... 64.37 Marshall ...... 101.37 Doniphan ...... 91.04 Wichita ...... 37.17 Martin ...... 92.15 Douglas ...... 108.04 Wilson ...... 51.66 Mason ...... 78.96 Edwards ...... 48.90 Woodson ...... 44.10 McCracken ...... 118.99 Elk ...... 40.99 Wyandotte ...... 178.89 McCreary ...... 65.56 Ellis ...... 35.79 Kentucky ...... Adair ...... 80.32 McLean ...... 119.26 Ellsworth ...... 42.67 Allen ...... 92.45 Meade ...... 115.57 Finney ...... 41.52 Anderson ...... 99.15 Menifee ...... 51.62 Ford ...... 41.05 Ballard ...... 96.51 Mercer ...... 104.81 Franklin ...... 63.76 Barren ...... 96.19 Metcalfe ...... 71.49 Geary ...... 61.05 Bath ...... 63.02 Monroe ...... 76.03 Gove ...... 34.52 Bell ...... 53.14 Montgomery ...... 93.60 Graham ...... 34.10 Boone ...... 160.33 Morgan ...... 52.02 Grant ...... 41.82 Bourbon ...... 151.78 Muhlenberg ...... 80.00 Gray ...... 42.35 Boyd ...... 64.22 Nelson ...... 108.44 Greeley ...... 37.57 Boyle ...... 99.34 Nicholas ...... 62.01 Greenwood ...... 44.23 Bracken ...... 66.71 Ohio ...... 91.27 Hamilton ...... 28.28 Breathitt ...... 41.90 Oldham ...... 212.67 Harper ...... 43.57 Breckinridge ...... 82.43 Owen ...... 75.60 Harvey ...... 84.03 Bullitt ...... 137.82 Owsley ...... 35.84 Haskell ...... 40.52 Butler ...... 70.71 Pendleton ...... 75.84 Hodgeman ...... 31.20 Caldwell ...... 89.16 Perry ...... 30.60 Jackson ...... 71.03 Calloway ...... 110.07 Pike ...... 37.76 Jefferson ...... 77.05 Campbell ...... 135.12 Powell ...... 62.33 Jewell ...... 54.66 Carlisle ...... 101.42 Pulaski ...... 86.47 Johnson ...... 100.11 Carroll ...... 90.61 Robertson ...... 58.40 Kearny ...... 38.26 Carter ...... 51.62 Rockcastle ...... 58.19 Kingman ...... 42.96 Casey ...... 62.57 Rowan ...... 73.97 Kiowa ...... 41.68 Christian ...... 128.63 Russell ...... 82.59 Labette ...... 56.28 Clark ...... 118.32 Scott ...... 149.41 Lane ...... 33.80 Clay ...... 48.44 Shelby ...... 155.12 Leavenworth ...... 90.77 Clinton ...... 74.45 Simpson ...... 151.54 Lincoln ...... 45.82 Crittenden ...... 73.35 Spencer ...... 121.29 Linn ...... 67.77 Cumberland ...... 54.82 Taylor ...... 81.13 Logan ...... 35.71 Daviess ...... 133.14 Todd ...... 138.46 Lyon ...... 52.75 Edmonson ...... 84.86 Trigg ...... 109.75 Marion ...... 54.18 Elliott ...... 43.23 Trimble ...... 86.65 Marshall ...... 82.09 Estill ...... 64.20 Union ...... 134.56 McPherson ...... 72.67 Fayette ...... 390.38 Warren ...... 142.44 Meade ...... 39.16 Fleming ...... 70.58 Washington ...... 85.77 Miami ...... 82.12 Floyd ...... 82.46 Wayne ...... 71.19

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APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued

State County Fee/acre/yr State County Fee/acre/yr State County Fee/acre/yr

Webster ...... 98.35 Penobscot ...... 61.80 Isabella ...... 106.88 Whitley ...... 67.61 Piscataquis ...... 35.28 Jackson ...... 130.01 Wolfe ...... 53.83 Sagadahoc ...... 103.59 Kalamazoo ...... 183.96 Woodford ...... 216.59 Somerset ...... 36.99 Kalkaska ...... 69.20 Louisiana ...... Acadia ...... 67.55 Waldo ...... 75.13 Kent ...... 192.43 Allen ...... 62.75 Washington ...... 38.44 Keweenaw ...... 88.00 Ascension ...... 88.68 York ...... 128.30 Lake ...... 64.20 Assumption ...... 72.00 Maryland ...... Allegany ...... 146.89 Lapeer ...... 120.13 Avoyelles ...... 62.22 Anne Arundel .... 270.87 Leelanau ...... 190.89 Beauregard ...... 74.32 Baltimore ...... 389.42 Lenawee ...... 136.27 Bienville ...... 62.29 Calvert ...... 269.43 Livingston ...... 148.65 Bossier ...... 76.35 Caroline ...... 187.19 Luce ...... 65.73 Caddo ...... 72.95 Carroll ...... 214.82 Mackinac ...... 52.07 Calcasieu ...... 85.11 Cecil ...... 210.59 Macomb ...... 132.85 Caldwell ...... 61.31 Charles ...... 248.44 Manistee ...... 75.20 Cameron ...... 60.60 Dorchester ...... 149.10 Marquette ...... 57.52 Catahoula ...... 66.08 Frederick ...... 250.12 Mason ...... 81.12 Claiborne ...... 58.43 Garrett ...... 119.81 Mecosta ...... 91.39 Concordia ...... 68.53 Harford ...... 286.48 Menominee ...... 55.41 De Soto ...... 72.54 Howard ...... 240.51 Midland ...... 144.51 East Baton 201.79 Kent ...... 173.60 Missaukee ...... 95.38 Rouge. Montgomery ...... 215.74 Monroe ...... 160.52 East Carroll ...... 90.81 Prince George’s 213.61 Montcalm ...... 104.06 East Feliciana .... 68.45 Queen Anne’s ... 192.78 Montmorency ..... 55.96 Evangeline ...... 59.70 Somerset ...... 150.41 Muskegon ...... 167.53 Franklin ...... 69.36 St. Mary’s ...... 261.34 Newaygo ...... 101.40 Grant ...... 66.96 Talbot ...... 184.61 Oakland ...... 303.07 Iberia ...... 70.14 Washington ...... 211.64 Oceana ...... 108.44 Iberville ...... 43.92 Wicomico ...... 184.77 Ogemaw ...... 72.93 Jackson ...... 97.90 Worcester ...... 139.22 Ontonagon ...... 41.64 Jefferson ...... 57.08 Massachusetts ... Barnstable ...... 720.81 Osceola ...... 78.30 Jefferson Davis 54.46 Berkshire ...... 180.33 Oscoda ...... 71.47 La Salle ...... 77.89 Bristol ...... 429.02 Otsego ...... 72.49 Lafayette ...... 136.49 Dukes ...... 269.62 Ottawa ...... 215.66 Lafourche ...... 70.90 Essex ...... 411.66 Presque Isle ...... 61.15 Lincoln ...... 78.50 Franklin ...... 151.43 Roscommon ...... 63.91 Livingston ...... 130.86 Hampden ...... 244.00 Saginaw ...... 151.36 Madison ...... 67.23 Hampshire ...... 180.75 Sanilac ...... 128.55 Morehouse ...... 77.77 Middlesex ...... 376.13 Schoolcraft ...... 47.46 Natchitoches ...... 57.11 Nantucket ...... 922.96 Shiawassee ...... 117.62 Orleans ...... 253.24 Norfolk ...... 404.58 St. Clair ...... 137.00 Ouachita ...... 104.21 Plymouth ...... 225.88 St. Joseph ...... 149.07 Plaquemines ...... 34.51 Suffolk ...... 5,423.47 Tuscola ...... 136.03 Pointe Coupee .. 75.59 Worcester ...... 290.09 Van Buren ...... 150.95 Rapides ...... 91.64 Michigan ...... Alcona ...... 67.53 Washtenaw ...... 203.98 Red River ...... 54.73 Alger ...... 53.19 Wayne ...... 301.45 Richland ...... 69.24 Allegan ...... 155.95 Wexford ...... 87.82 Sabine ...... 92.42 Alpena ...... 66.36 Minnesota ...... Aitkin ...... 56.31 St. Bernard ...... 42.85 Antrim ...... 109.59 Anoka ...... 202.66 St. Charles ...... 85.38 Arenac ...... 87.48 Becker ...... 77.59 St. Helena ...... 101.71 Baraga ...... 57.08 Beltrami ...... 52.49 St. James ...... 74.88 Barry ...... 125.18 Benton ...... 117.22 St. John the 85.60 Bay ...... 131.73 Big Stone ...... 116.09 Baptist. Benzie ...... 103.28 Blue Earth ...... 192.30 St. Landry ...... 71.39 Berrien ...... 168.05 Brown ...... 175.53 St. Martin ...... 78.38 Branch ...... 110.45 Carlton ...... 57.54 St. Mary ...... 80.66 Calhoun ...... 138.43 Carver ...... 180.02 St. Tammany ..... 262.44 Cass ...... 120.52 Cass ...... 66.83 Tangipahoa ...... 123.77 Charlevoix ...... 98.30 Chippewa ...... 157.37 Tensas ...... 68.55 Cheboygan ...... 66.80 Chisago ...... 122.16 Terrebonne ...... 100.71 Chippewa ...... 56.43 Clay ...... 105.41 Union ...... 74.44 Clare ...... 78.51 Clearwater ...... 54.10 Vermilion ...... 70.36 Clinton ...... 147.45 Cook ...... 158.25 Vernon ...... 90.56 Crawford ...... 91.31 Cottonwood ...... 168.77 Washington ...... 88.34 Delta ...... 46.54 Crow Wing ...... 71.77 Webster ...... 71.88 Dickinson ...... 71.11 Dakota ...... 184.29 West Baton 68.97 Eaton ...... 108.89 Dodge ...... 184.02 Rouge. Emmet ...... 98.22 Douglas ...... 105.36 West Carroll ...... 80.61 Genesee ...... 137.20 Faribault ...... 181.54 West Feliciana ... 71.78 Gladwin ...... 101.93 Fillmore ...... 148.30 Winn ...... 68.58 Gogebic ...... 67.82 Freeborn ...... 161.01 Maine ...... Androscoggin .... 88.36 Grand Traverse 165.89 Goodhue ...... 165.65 Aroostook ...... 43.63 Gratiot ...... 141.64 Grant ...... 117.56 Cumberland ...... 171.15 Hillsdale ...... 112.36 Hennepin ...... 359.50 Franklin ...... 62.25 Houghton ...... 61.38 Houston ...... 114.55 Hancock ...... 70.02 Huron ...... 157.70 Hubbard ...... 70.65 Kennebec ...... 75.75 Ingham ...... 138.85 Isanti ...... 103.79 Knox ...... 118.40 Ionia ...... 129.20 Itasca ...... 75.88 Lincoln ...... 116.37 Iosco ...... 82.21 Jackson ...... 171.90 Oxford ...... 73.02 Iron ...... 51.52 Kanabec ...... 70.81

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APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued

State County Fee/acre/yr State County Fee/acre/yr State County Fee/acre/yr

Kandiyohi ...... 139.32 Holmes ...... 60.70 Clay ...... 109.29 Kittson ...... 60.05 Humphreys ...... 81.85 Clinton ...... 97.55 Koochiching ...... 38.53 Issaquena ...... 68.51 Cole ...... 95.58 Lac qui Parle ..... 119.57 Itawamba ...... 42.85 Cooper ...... 85.67 Lake ...... 96.90 Jackson ...... 125.45 Crawford ...... 67.72 Lake of the 45.31 Jasper ...... 70.21 Dade ...... 73.59 Woods. Jefferson ...... 63.08 Dallas ...... 66.54 Le Sueur ...... 164.88 Jefferson Davis 64.33 Daviess ...... 85.60 Lincoln ...... 129.12 Jones ...... 94.76 DeKalb ...... 85.80 Lyon ...... 156.25 Kemper ...... 50.61 Dent ...... 54.82 Mahnomen ...... 78.90 Lafayette ...... 68.58 Douglas ...... 55.05 Marshall ...... 66.06 Lamar ...... 88.81 Dunklin ...... 133.44 Martin ...... 179.21 Lauderdale ...... 51.44 Franklin ...... 101.30 McLeod ...... 152.83 Lawrence ...... 80.37 Gasconade ...... 73.06 Meeker ...... 138.58 Leake ...... 75.77 Gentry ...... 81.22 Mille Lacs ...... 82.83 Lee ...... 45.86 Greene ...... 124.39 Morrison ...... 88.38 Leflore ...... 72.64 Grundy ...... 76.76 Mower ...... 181.91 Lincoln ...... 76.87 Harrison ...... 72.57 Murray ...... 164.64 Lowndes ...... 63.33 Henry ...... 70.52 Nicollet ...... 186.96 Madison ...... 65.78 Hickory ...... 55.26 Nobles ...... 184.53 Marion ...... 72.11 Holt ...... 128.27 Norman ...... 88.14 Marshall ...... 60.15 Howard ...... 79.25 Olmsted ...... 177.75 Monroe ...... 55.02 Howell ...... 56.21 Otter Tail ...... 79.27 Montgomery ...... 50.04 Iron ...... 54.14 Pennington ...... 51.48 Neshoba ...... 66.68 Jackson ...... 152.42 Pine ...... 63.12 Newton ...... 59.35 Jasper ...... 84.44 Pipestone ...... 155.75 Noxubee ...... 63.40 Jefferson ...... 110.11 Polk ...... 87.58 Oktibbeha ...... 69.98 Johnson ...... 87.67 Pope ...... 110.65 Panola ...... 61.65 Knox ...... 79.75 Ramsey ...... 711.47 Pearl River ...... 88.73 Laclede ...... 65.99 Red Lake ...... 63.28 Perry ...... 80.35 Lafayette ...... 118.89 Redwood ...... 166.59 Pike ...... 93.26 Lawrence ...... 83.84 Renville ...... 175.16 Pontotoc ...... 49.26 Lewis ...... 86.83 Rice ...... 183.09 Prentiss ...... 51.21 Lincoln ...... 114.33 Rock ...... 203.75 Quitman ...... 71.61 Linn ...... 75.58 Roseau ...... 46.54 Rankin ...... 82.60 Livingston ...... 88.40 Scott ...... 202.66 Scott ...... 63.73 Macon ...... 83.73 Sherburne ...... 137.64 Sharkey ...... 82.85 Madison ...... 55.03 Sibley ...... 180.12 Simpson ...... 69.03 Maries ...... 51.67 St. Louis ...... 53.19 Smith ...... 71.91 Marion ...... 103.97 Stearns ...... 137.48 Stone ...... 82.80 McDonald ...... 70.31 Steele ...... 165.57 Sunflower ...... 79.70 Mercer ...... 70.60 Stevens ...... 135.56 Tallahatchie ...... 70.59 Miller ...... 65.46 Swift ...... 134.65 Tate ...... 70.71 Mississippi ...... 153.02 Todd ...... 73.29 Tippah ...... 51.86 Moniteau ...... 93.59 Traverse ...... 132.94 Tishomingo ...... 47.31 Monroe ...... 93.30 Wabasha ...... 147.36 Tunica ...... 73.96 Montgomery ...... 98.86 Wadena ...... 58.74 Union ...... 50.04 Morgan ...... 100.59 Waseca ...... 176.79 Walthall ...... 77.69 New Madrid ...... 146.57 Washington ...... 232.16 Warren ...... 60.75 Newton ...... 95.40 Watonwan ...... 189.49 Washington ...... 92.81 Nodaway ...... 105.18 Wilkin ...... 103.39 Wayne ...... 77.49 Oregon ...... 46.69 Winona ...... 153.61 Webster ...... 45.88 Osage ...... 63.31 Wright ...... 171.98 Wilkinson ...... 60.10 Ozark ...... 55.92 Yellow Medicine 144.40 Winston ...... 56.99 Pemiscot ...... 137.24 Mississippi ...... Adams ...... 73.84 Yalobusha ...... 46.66 Perry ...... 85.80 Alcorn ...... 53.34 Yazoo ...... 69.81 Pettis ...... 91.76 Amite ...... 79.90 Missouri ...... Adair ...... 73.20 Phelps ...... 69.11 Attala ...... 46.21 Andrew ...... 100.75 Pike ...... 92.18 Benton ...... 48.21 Atchison ...... 128.54 Platte ...... 116.11 Bolivar ...... 75.72 Audrain ...... 111.58 Polk ...... 66.20 Calhoun ...... 44.45 Barry ...... 89.89 Pulaski ...... 58.65 Carroll ...... 53.51 Barton ...... 72.17 Putnam ...... 66.06 Chickasaw ...... 50.14 Bates ...... 81.01 Ralls ...... 100.93 Choctaw ...... 46.08 Benton ...... 71.75 Randolph ...... 90.73 Claiborne ...... 67.78 Bollinger ...... 65.72 Ray ...... 92.18 Clarke ...... 55.99 Boone ...... 148.23 Reynolds ...... 41.92 Clay ...... 46.98 Buchanan ...... 106.25 Ripley ...... 64.12 Coahoma ...... 82.78 Butler ...... 123.08 Saline ...... 105.13 Copiah ...... 64.15 Caldwell ...... 83.10 Schuyler ...... 67.66 Covington ...... 90.23 Callaway ...... 103.82 Scotland ...... 88.35 DeSoto ...... 75.32 Camden ...... 57.88 Scott ...... 133.36 Forrest ...... 106.23 Cape Girardeau 113.86 Shannon ...... 51.46 Franklin ...... 79.45 Carroll ...... 93.85 Shelby ...... 97.76 George ...... 93.39 Carter ...... 50.05 St Louis ...... 113.99 Greene ...... 63.28 Cass ...... 98.55 St. Charles ...... 128.07 Grenada ...... 55.07 Cedar ...... 65.25 St. Clair ...... 64.31 Hancock ...... 96.64 Chariton ...... 90.16 St. Francois ...... 76.89 Harrison ...... 209.60 Christian ...... 105.57 Ste. Genevieve .. 77.36 Hinds ...... 82.40 Clark ...... 93.72 Stoddard ...... 140.33

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APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued

State County Fee/acre/yr State County Fee/acre/yr State County Fee/acre/yr

Stone ...... 75.87 Cedar ...... 125.83 Nevada ...... Carson City ...... 6.18 Sullivan ...... 61.29 Chase ...... 50.63 Churchill ...... 13.01 Taney ...... 58.59 Cherry ...... 22.66 Clark ...... 21.12 Texas ...... 54.16 Cheyenne ...... 24.77 Douglas ...... 13.96 Vernon ...... 74.48 Clay ...... 117.77 Elko ...... 3.73 Warren ...... 106.12 Colfax ...... 150.41 Esmeralda ...... 14.15 Washington ...... 62.18 Cuming ...... 147.81 Eureka ...... 3.40 Wayne ...... 61.61 Custer ...... 60.10 Humboldt ...... 6.03 Webster ...... 81.32 Dakota ...... 137.34 Lander ...... 7.13 Worth ...... 74.56 Dawes ...... 21.59 Lincoln ...... 17.50 Wright ...... 56.57 Dawson ...... 82.85 Lyon ...... 15.53 Montana ...... Beaverhead ...... 26.61 Deuel ...... 31.69 Mineral ...... 1.99 Big Horn ...... 7.94 Dixon ...... 113.55 Nye ...... 11.77 Blaine ...... 11.96 Dodge ...... 155.70 Pershing ...... 5.44 Broadwater ...... 23.64 Douglas ...... 185.62 Storey ...... 6.18 Carbon ...... 29.98 Dundy ...... 37.15 Washoe ...... 6.97 Carter ...... 10.87 Fillmore ...... 132.29 White Pine ...... 9.01 Cascade ...... 24.49 Franklin ...... 84.07 New Hampshire Belknap ...... 125.21 Chouteau ...... 18.85 Frontier ...... 45.63 Carroll ...... 100.11 Custer ...... 10.83 Furnas ...... 59.91 Cheshire ...... 96.60 Daniels ...... 12.81 Gage ...... 107.50 Coos ...... 65.33 Dawson ...... 13.50 Garden ...... 21.03 Grafton ...... 99.55 Deer Lodge ...... 39.26 Garfield ...... 36.01 Hillsborough ...... 198.11 Fallon ...... 12.20 Gosper ...... 68.28 Merrimack ...... 147.73 Fergus ...... 22.10 Grant ...... 20.32 Rockingham ...... 287.44 Flathead ...... 129.08 Greeley ...... 72.00 Strafford ...... 165.44 Gallatin ...... 61.22 Hall ...... 123.43 Sullivan ...... 122.10 Garfield ...... 8.16 Hamilton ...... 153.98 New Jersey ...... Atlantic ...... 306.75 Glacier ...... 23.58 Harlan ...... 69.89 Bergen ...... 2,390.59 Golden Valley .... 13.54 Hayes ...... 34.36 Burlington ...... 241.57 Granite ...... 32.69 Hitchcock ...... 38.22 Camden ...... 394.58 Hill ...... 17.40 Holt ...... 57.79 Cape May ...... 349.93 Jefferson ...... 34.39 Hooker ...... 17.85 Cumberland ...... 235.54 Judith Basin ...... 18.77 Howard ...... 84.77 Essex ...... 2,029.05 Lake ...... 32.45 Jefferson ...... 100.80 Gloucester ...... 304.63 Lewis and Clark 26.39 Johnson ...... 88.17 Hudson ...... 1,209.00 Liberty ...... 18.12 Kearney ...... 127.05 Hunterdon ...... 375.31 Lincoln ...... 106.07 Keith ...... 39.48 Mercer ...... 435.32 Madison ...... 34.55 Keya Paha ...... 34.38 Middlesex ...... 523.25 McCone ...... 10.67 Kimball ...... 26.10 Monmouth ...... 504.24 Meagher ...... 18.34 Knox ...... 81.23 Morris ...... 514.91 Mineral ...... 101.06 Lancaster ...... 135.94 Ocean ...... 457.35 Missoula ...... 56.49 Lincoln ...... 40.65 Passaic ...... 767.90 Musselshell ...... 12.91 Logan ...... 29.14 Salem ...... 202.35 Park ...... 52.71 Loup ...... 28.24 Somerset ...... 475.26 Petroleum ...... 13.70 Madison ...... 141.30 Sussex ...... 277.21 Phillips ...... 10.71 McPherson ...... 19.89 Union ...... 3,759.62 Pondera ...... 24.39 Merrick ...... 123.21 Warren ...... 292.81 Powder River ..... 11.13 Morrill ...... 27.80 New Mexico ...... Bernalillo ...... 53.21 Powell ...... 26.16 Nance ...... 102.64 Catron ...... 8.10 Prairie ...... 15.64 Nemaha ...... 110.44 Chaves ...... 9.12 Ravalli ...... 115.85 Nuckolls ...... 87.13 Cibola ...... 6.11 Richland ...... 17.72 Otoe ...... 120.37 Colfax ...... 9.74 Roosevelt ...... 14.59 Pawnee ...... 78.77 Curry ...... 13.40 Rosebud ...... 8.69 Perkins ...... 51.97 De Baca ...... 7.23 Sanders ...... 19.96 Phelps ...... 124.18 Dona Ana ...... 47.91 Sheridan ...... 14.02 Pierce ...... 118.31 Eddy ...... 11.40 Silver Bow ...... 45.48 Platte ...... 153.66 Grant ...... 9.39 Stillwater ...... 27.15 Polk ...... 143.54 Guadalupe ...... 6.00 Sweet Grass ...... 22.95 Red Willow ...... 47.28 Harding ...... 7.06 Teton ...... 23.96 Richardson ...... 103.62 Hidalgo ...... 10.05 Toole ...... 17.72 Rock ...... 27.63 Lea ...... 7.95 Treasure ...... 11.68 Saline ...... 114.52 Lincoln ...... 9.60 Valley ...... 13.01 Sarpy ...... 180.64 Los Alamos ...... 10.05 Wheatland ...... 14.00 Saunders ...... 136.98 Luna ...... 9.93 Wibaux ...... 12.47 Scotts Bluff ...... 49.49 McKinley ...... 8.25 Yellowstone ...... 20.26 Seward ...... 138.66 Mora ...... 10.65 Nebraska ...... Adams ...... 129.26 Sheridan ...... 23.55 Otero ...... 8.47 Antelope ...... 111.41 Sherman ...... 64.98 Quay ...... 6.79 Arthur ...... 19.45 Sioux ...... 21.88 Rio Arriba ...... 16.55 Banner ...... 21.17 Stanton ...... 121.20 Roosevelt ...... 8.81 Blaine ...... 24.11 Thayer ...... 95.19 San Juan ...... 10.30 Boone ...... 108.04 Thomas ...... 18.94 San Miguel ...... 7.75 Box Butte ...... 32.39 Thurston ...... 117.21 Sandoval ...... 8.66 Boyd ...... 49.25 Valley ...... 69.89 Santa Fe ...... 16.99 Brown ...... 28.46 Washington ...... 158.30 Sierra ...... 6.96 Buffalo ...... 106.68 Wayne ...... 133.85 Socorro ...... 12.11 Burt ...... 149.58 Webster ...... 66.51 Taos ...... 31.53 Butler ...... 138.24 Wheeler ...... 37.10 Torrance ...... 9.20 Cass ...... 136.16 York ...... 167.02 Union ...... 7.97

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APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued

State County Fee/acre/yr State County Fee/acre/yr State County Fee/acre/yr

Valencia ...... 22.41 Catawba ...... 171.10 Wilson ...... 98.95 New York ...... Albany ...... 115.79 Chatham ...... 143.95 Yadkin ...... 143.06 Allegany ...... 52.42 Cherokee ...... 128.29 Yancey ...... 142.41 Bronx ...... 84.09 Chowan ...... 91.37 North Dakota ..... Adams ...... 28.54 Broome ...... 80.45 Clay ...... 164.14 Barnes ...... 61.81 Cattaraugus ...... 59.66 Cleveland ...... 121.96 Benson ...... 36.59 Cayuga ...... 103.00 Columbus ...... 85.35 Billings ...... 24.58 Chautauqua ...... 68.88 Craven ...... 102.95 Bottineau ...... 41.35 Chemung ...... 68.21 Cumberland ...... 135.09 Bowman ...... 27.49 Chenango ...... 53.54 Currituck ...... 128.29 Burke ...... 28.19 Clinton ...... 68.88 Dare ...... 110.01 Burleigh ...... 50.81 Columbia ...... 109.07 Davidson ...... 151.59 Cass ...... 99.43 Cortland ...... 60.42 Davie ...... 133.08 Cavalier ...... 55.63 Delaware ...... 75.00 Duplin ...... 125.47 Dickey ...... 63.52 Dutchess ...... 235.43 Durham ...... 278.65 Divide ...... 28.59 Erie ...... 119.17 Edgecombe ...... 79.73 Dunn ...... 30.68 Essex ...... 62.03 Forsyth ...... 243.37 Eddy ...... 38.91 Franklin ...... 64.77 Franklin ...... 92.99 Emmons ...... 42.39 Fulton ...... 72.69 Gaston ...... 160.58 Foster ...... 53.70 Genesee ...... 87.11 Gates ...... 94.79 Golden Valley .... 28.13 Greene ...... 82.19 Graham ...... 125.20 Grand Forks ...... 91.22 Hamilton ...... 87.01 Granville ...... 91.11 Grant ...... 28.64 Herkimer ...... 59.61 Greene ...... 103.16 Griggs ...... 47.52 Jefferson ...... 69.72 Guilford ...... 213.85 Hettinger ...... 37.58 Kings ...... 11,552.73 Halifax ...... 67.10 Kidder ...... 33.64 Lewis ...... 52.32 Harnett ...... 145.78 LaMoure ...... 67.90 Livingston ...... 96.67 Haywood ...... 168.95 Logan ...... 31.85 Madison ...... 68.26 Henderson ...... 202.82 McHenry ...... 29.12 Monroe ...... 112.14 Hertford ...... 83.65 McIntosh ...... 36.48 Montgomery ...... 64.72 Hoke ...... 115.11 McKenzie ...... 27.44 Nassau ...... 452.16 Hyde ...... 77.77 McLean ...... 47.74 New York ...... 84.09 Iredell ...... 142.20 Mercer ...... 36.59 Niagara ...... 79.95 Jackson ...... 214.30 Morton ...... 37.55 Oneida ...... 69.25 Johnston ...... 123.98 Mountrail ...... 34.18 Onondaga ...... 107.35 Jones ...... 106.01 Nelson ...... 36.37 Ontario ...... 104.87 Lee ...... 150.73 Oliver ...... 38.59 Orange ...... 180.63 Lenoir ...... 104.08 Pembina ...... 73.73 Orleans ...... 82.63 Lincoln ...... 149.86 Pierce ...... 37.68 Oswego ...... 57.63 Macon ...... 208.31 Ramsey ...... 48.38 Otsego ...... 69.43 Madison ...... 129.68 Ransom ...... 53.81 Putnam ...... 156.28 Martin ...... 70.03 Renville ...... 42.92 Queens ...... 1,263.52 McDowell ...... 137.49 Richland ...... 85.29 Rensselaer ...... 91.49 Mecklenburg ...... 896.62 Rolette ...... 34.23 Richmond ...... 84.09 Mitchell ...... 152.06 Sargent ...... 74.54 Rockland ...... 749.31 Montgomery ...... 124.03 Sheridan ...... 29.36 Saratoga ...... 153.39 Moore ...... 133.39 Sioux ...... 33.24 Schenectady ...... 111.67 Nash ...... 120.99 Slope ...... 28.27 Schoharie ...... 63.41 New Hanover .... 890.11 Stark ...... 35.60 Schuyler ...... 85.16 Northampton ...... 73.14 Steele ...... 58.76 Seneca ...... 97.82 Onslow ...... 164.32 Stutsman ...... 53.62 St. Lawrence ..... 47.71 Orange ...... 174.84 Towner ...... 37.04 Steuben ...... 54.66 Pamlico ...... 95.50 Traill ...... 82.48 Suffolk ...... 318.22 Pasquotank ...... 104.18 Walsh ...... 67.21 Sullivan ...... 109.72 Pender ...... 139.87 Ward ...... 43.67 Tioga ...... 59.51 Perquimans ...... 93.09 Wells ...... 45.76 Tompkins ...... 98.68 Person ...... 98.79 Williams ...... 29.31 Ulster ...... 179.67 Pitt ...... 100.55 Ohio ...... Adams ...... 103.52 Warren ...... 108.70 Polk ...... 168.46 Allen ...... 193.49 Washington ...... 72.76 Randolph ...... 132.11 Ashland ...... 162.00 Wayne ...... 89.51 Richmond ...... 114.14 Ashtabula ...... 116.61 Westchester ...... 277.25 Robeson ...... 86.69 Athens ...... 85.68 Wyoming ...... 90.19 Rockingham ...... 101.28 Auglaize ...... 217.09 Yates ...... 136.13 Rowan ...... 152.98 Belmont ...... 102.10 North Carolina ... Alamance ...... 156.90 Rutherford ...... 125.05 Brown ...... 117.54 Alexander ...... 147.27 Sampson ...... 127.90 Butler ...... 220.13 Alleghany ...... 129.10 Scotland ...... 94.14 Carroll ...... 125.60 Anson ...... 106.85 Stanly ...... 120.26 Champaign ...... 191.20 Ashe ...... 137.49 Stokes ...... 106.80 Clark ...... 201.12 Avery ...... 169.82 Surry ...... 116.92 Clermont ...... 149.46 Beaufort ...... 89.43 Swain ...... 95.66 Clinton ...... 158.88 Bertie ...... 79.29 Transylvania ...... 202.27 Columbiana ...... 153.84 Bladen ...... 87.18 Tyrrell ...... 108.47 Coshocton ...... 140.77 Brunswick ...... 102.51 Union ...... 139.53 Crawford ...... 171.89 Buncombe ...... 260.16 Vance ...... 77.87 Cuyahoga ...... 435.03 Burke ...... 149.08 Wake ...... 304.85 Darke ...... 221.83 Cabarrus ...... 227.74 Warren ...... 76.07 Defiance ...... 152.96 Caldwell ...... 118.67 Washington ...... 95.92 Delaware ...... 208.64 Camden ...... 83.21 Watauga ...... 168.38 Erie ...... 174.50 Carteret ...... 118.61 Wayne ...... 130.49 Fairfield ...... 205.38 Caswell ...... 84.75 Wilkes ...... 133.99 Fayette ...... 190.45

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APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued

State County Fee/acre/yr State County Fee/acre/yr State County Fee/acre/yr

Franklin ...... 214.42 Cotton ...... 35.71 Lane ...... 159.14 Fulton ...... 186.26 Craig ...... 55.31 Lincoln ...... 102.26 Gallia ...... 83.81 Creek ...... 57.62 Linn ...... 131.91 Geauga ...... 193.20 Custer ...... 38.15 Malheur ...... 27.68 Greene ...... 190.40 Delaware ...... 71.71 Marion ...... 230.02 Guernsey ...... 99.25 Dewey ...... 36.03 Morrow ...... 20.96 Hamilton ...... 354.47 Ellis ...... 26.12 Multnomah ...... 388.34 Hancock ...... 161.12 Garfield ...... 45.62 Polk ...... 132.35 Hardin ...... 157.01 Garvin ...... 50.37 Sherman ...... 15.81 Harrison ...... 88.26 Grady ...... 55.13 Tillamook ...... 145.00 Henry ...... 174.66 Grant ...... 42.17 Umatilla ...... 33.93 Highland ...... 133.89 Greer ...... 30.38 Union ...... 33.70 Hocking ...... 120.72 Harmon ...... 32.90 Wallowa ...... 30.35 Holmes ...... 206.42 Harper ...... 28.93 Wasco ...... 16.94 Huron ...... 162.21 Haskell ...... 49.98 Washington ...... 318.03 Jackson ...... 75.04 Hughes ...... 41.91 Wheeler ...... 16.83 Jefferson ...... 145.70 Jackson ...... 36.73 Yamhill ...... 189.31 Knox ...... 161.25 Jefferson ...... 40.62 Pennsylvania ..... Adams ...... 181.99 Lake ...... 217.65 Johnston ...... 49.19 Allegheny ...... 231.68 Lawrence ...... 87.65 Kay ...... 43.22 Armstrong ...... 96.31 Licking ...... 176.42 Kingfisher ...... 50.53 Beaver ...... 159.90 Logan ...... 161.36 Kiowa ...... 32.95 Bedford ...... 107.73 Lorain ...... 199.57 Latimer ...... 47.19 Berks ...... 296.25 Lucas ...... 220.71 Le Flore ...... 56.81 Blair ...... 178.32 Madison ...... 184.90 Lincoln ...... 58.89 Bradford ...... 95.75 Mahoning ...... 176.69 Logan ...... 58.86 Bucks ...... 248.65 Marion ...... 155.68 Love ...... 64.51 Butler ...... 139.84 Medina ...... 208.88 Major ...... 38.99 Cambria ...... 122.39 Meigs ...... 92.45 Marshall ...... 63.64 Cameron ...... 75.17 Mercer ...... 257.94 Mayes ...... 73.05 Carbon ...... 174.94 Miami ...... 197.89 McClain ...... 69.27 Centre ...... 177.08 Monroe ...... 87.14 McCurtain ...... 56.26 Chester ...... 320.85 Montgomery ...... 192.37 McIntosh ...... 49.95 Clarion ...... 84.84 Morgan ...... 92.21 Murray ...... 56.18 Clearfield ...... 95.36 Morrow ...... 160.05 Muskogee ...... 59.28 Clinton ...... 172.80 Muskingum ...... 109.36 Noble ...... 46.75 Columbia ...... 159.34 Noble ...... 82.08 Nowata ...... 54.21 Crawford ...... 88.30 Ottawa ...... 144.24 Okfuskee ...... 45.01 Cumberland ...... 201.21 Paulding ...... 166.93 Oklahoma ...... 170.27 Dauphin ...... 232.34 Perry ...... 121.97 Okmulgee ...... 58.12 Delaware ...... 380.45 Pickaway ...... 160.88 Osage ...... 41.83 Elk ...... 110.95 Pike ...... 110.82 Ottawa ...... 72.94 Erie ...... 119.22 Portage ...... 173.62 Pawnee ...... 46.85 Fayette ...... 109.44 Preble ...... 170.58 Payne ...... 63.62 Forest ...... 129.50 Putnam ...... 178.50 Pittsburg ...... 46.04 Franklin ...... 198.96 Richland ...... 200.13 Pontotoc ...... 56.97 Fulton ...... 110.34 Ross ...... 122.21 Pottawatomie ..... 59.23 Greene ...... 96.31 Sandusky ...... 158.02 Pushmataha ...... 40.52 Huntingdon ...... 127.23 Scioto ...... 83.68 Roger Mills ...... 33.69 Indiana ...... 95.15 Seneca ...... 157.04 Rogers ...... 76.46 Jefferson ...... 87.59 Shelby ...... 205.01 Seminole ...... 47.90 Juniata ...... 172.37 Stark ...... 246.50 Sequoyah ...... 57.57 Lackawanna ...... 140.10 Summit ...... 356.39 Stephens ...... 46.22 Lancaster ...... 483.26 Trumbull ...... 115.49 Texas ...... 26.62 Lawrence ...... 115.97 Tuscarawas ...... 148.13 Tillman ...... 34.87 Lebanon ...... 380.58 Union ...... 169.33 Tulsa ...... 153.17 Lehigh ...... 207.45 Van Wert ...... 199.84 Wagoner ...... 74.44 Luzerne ...... 160.24 Vinton ...... 84.42 Washington ...... 61.86 Lycoming ...... 135.29 Warren ...... 208.64 Washita ...... 39.05 McKean ...... 75.27 Washington ...... 85.04 Woods ...... 34.84 Mercer ...... 105.64 Wayne ...... 238.39 Woodward ...... 31.95 Mifflin ...... 163.31 Williams ...... 137.62 Oregon ...... Baker ...... 23.25 Monroe ...... 155.72 Wood ...... 177.57 Benton ...... 119.74 Montgomery ...... 511.67 Wyandot ...... 152.16 Clackamas ...... 400.15 Montour ...... 170.26 Oklahoma ...... Adair ...... 62.85 Clatsop ...... 133.04 Northampton ...... 198.33 Alfalfa ...... 44.75 Columbia ...... 160.96 Northumberland 155.19 Atoka ...... 48.19 Coos ...... 56.69 Perry ...... 175.20 Beaver ...... 23.60 Crook ...... 17.76 Philadelphia ...... 1,551.70 Beckham ...... 35.00 Curry ...... 65.86 Pike ...... 58.83 Blaine ...... 42.78 Deschutes ...... 161.20 Potter ...... 90.63 Bryan ...... 59.57 Douglas ...... 63.50 Schuylkill ...... 175.62 Caddo ...... 45.51 Gilliam ...... 13.39 Snyder ...... 193.78 Canadian ...... 61.72 Grant ...... 19.25 Somerset ...... 85.18 Carter ...... 53.34 Harney ...... 12.68 Sullivan ...... 108.12 Cherokee ...... 65.24 Hood River ...... 259.02 Susquehanna .... 125.28 Choctaw ...... 46.61 Jackson ...... 157.98 Tioga ...... 100.35 Cimarron ...... 21.68 Jefferson ...... 15.90 Union ...... 253.70 Cleveland ...... 127.47 Josephine ...... 334.64 Venango ...... 100.35 Coal ...... 47.85 Klamath ...... 40.71 Warren ...... 91.47 Comanche ...... 50.66 Lake ...... 20.11 Washington ...... 172.08

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APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued

State County Fee/acre/yr State County Fee/acre/yr State County Fee/acre/yr

Wayne ...... 113.49 Grant ...... 99.31 Henderson ...... 67.24 Westmoreland ... 156.17 Gregory ...... 50.04 Henry ...... 88.63 Wyoming ...... 109.52 Haakon ...... 24.58 Hickman ...... 84.10 York ...... 216.75 Hamlin ...... 104.56 Houston ...... 86.20 Puerto Rico ...... All Areas ...... 143.15 Hand ...... 54.75 Humphreys ...... 74.20 Rhode Island ..... Bristol ...... 1,007.65 Hanson ...... 115.10 Jackson ...... 82.79 Kent ...... 316.37 Harding ...... 17.71 Jefferson ...... 137.29 Newport ...... 545.50 Hughes ...... 50.36 Johnson ...... 105.93 Providence ...... 318.62 Hutchinson ...... 119.71 Knox ...... 262.50 Washington ...... 304.14 Hyde ...... 40.67 Lake ...... 93.61 South Carolina ... Abbeville ...... 80.35 Jackson ...... 23.30 Lauderdale ...... 90.25 Aiken ...... 97.77 Jerauld ...... 63.68 Lawrence ...... 87.88 Allendale ...... 57.25 Jones ...... 30.44 Lewis ...... 76.23 Anderson ...... 147.29 Kingsbury ...... 101.47 Lincoln ...... 97.67 Bamberg ...... 76.10 Lake ...... 136.38 Loudon ...... 151.71 Barnwell ...... 72.28 Lawrence ...... 47.64 Macon ...... 100.33 Beaufort ...... 94.00 Lincoln ...... 183.92 Madison ...... 87.00 Berkeley ...... 69.37 Lyman ...... 43.97 Marion ...... 86.76 Calhoun ...... 79.18 Marshall ...... 74.94 Marshall ...... 93.27 Charleston ...... 243.16 McCook ...... 116.30 Maury ...... 107.64 Cherokee ...... 87.31 McPherson ...... 57.36 McMinn ...... 124.41 Chester ...... 86.24 Meade ...... 25.33 McNairy ...... 58.74 Chesterfield ...... 76.61 Mellette ...... 25.70 Meigs ...... 88.71 Clarendon ...... 59.02 Miner ...... 94.09 Monroe ...... 113.37 Colleton ...... 78.64 Minnehaha ...... 171.75 Montgomery ...... 131.10 Darlington ...... 67.38 Moody ...... 154.99 Moore ...... 96.55 Dillon ...... 59.46 Pennington ...... 17.94 Morgan ...... 81.54 Dorchester ...... 72.96 Perkins ...... 28.18 Obion ...... 95.96 Edgefield ...... 91.54 Potter ...... 22.13 Overton ...... 89.96 Fairfield ...... 74.41 Roberts ...... 56.30 Perry ...... 59.09 Florence ...... 82.17 Sanborn ...... 80.08 Pickett ...... 93.35 Georgetown ...... 53.02 Shannon ...... 76.09 Polk ...... 109.67 Greenville ...... 238.46 Spink ...... 83.41 Putnam ...... 123.96 Greenwood ...... 88.66 Stanley ...... 24.53 Rhea ...... 114.94 Hampton ...... 63.30 Sully ...... 57.36 Roane ...... 140.41 Horry ...... 117.05 Todd ...... 22.64 Robertson ...... 140.91 Jasper ...... 95.02 Tripp ...... 43.14 Rutherford ...... 196.27 Kershaw ...... 80.17 Turner ...... 133.66 Scott ...... 71.22 Lancaster ...... 102.57 Union ...... 156.46 Sequatchie ...... 103.03 Laurens ...... 99.51 Walworth ...... 52.73 Sevier ...... 163.02 Lee ...... 62.70 Yankton ...... 117.76 Shelby ...... 139.64 Lexington ...... 143.60 Ziebach ...... 22.77 Smith ...... 92.01 Marion ...... 60.50 Tennessee ...... Anderson ...... 145.71 Stewart ...... 70.66 Marlboro ...... 50.01 Bedford ...... 111.11 Sullivan ...... 188.38 McCormick ...... 52.01 Benton ...... 66.36 Sumner ...... 141.63 Newberry ...... 86.01 Bledsoe ...... 91.85 Tipton ...... 87.72 Oconee ...... 165.71 Blount ...... 171.60 Trousdale ...... 91.51 Orangeburg ...... 78.33 Bradley ...... 161.71 Unicoi ...... 190.51 Pickens ...... 182.97 Campbell ...... 110.33 Union ...... 109.11 Richland ...... 124.50 Cannon ...... 95.64 Van Buren ...... 89.32 Saluda ...... 80.27 Carroll ...... 72.92 Warren ...... 92.15 Spartanburg ...... 213.62 Carter ...... 138.62 Washington ...... 209.87 Sumter ...... 77.73 Cheatham ...... 121.50 Wayne ...... 63.11 Union ...... 65.77 Chester ...... 67.72 Weakley ...... 96.41 Williamsburg ...... 58.27 Claiborne ...... 83.40 White ...... 101.75 York ...... 181.13 Clay ...... 88.87 Williamson ...... 161.61 South Dakota ..... Aurora ...... 70.68 Cocke ...... 118.04 Wilson ...... 130.94 Beadle ...... 71.72 Coffee ...... 109.45 Texas ...... Anderson ...... 72.18 Bennett ...... 25.35 Crockett ...... 89.72 Andrews ...... 20.03 Bon Homme ...... 106.10 Cumberland ...... 107.80 Angelina ...... 92.75 Brookings ...... 122.56 Davidson ...... 239.38 Aransas ...... 42.86 Brown ...... 89.53 Decatur ...... 58.90 Archer ...... 37.82 Brule ...... 68.66 DeKalb ...... 90.23 Armstrong ...... 23.64 Buffalo ...... 41.15 Dickson ...... 112.01 Atascosa ...... 58.11 Butte ...... 25.54 Dyer ...... 89.69 Austin ...... 99.41 Campbell ...... 48.76 Fayette ...... 89.93 Bailey ...... 21.68 Charles Mix ...... 74.25 Fentress ...... 92.57 Bandera ...... 64.42 Clark ...... 83.89 Franklin ...... 109.35 Bastrop ...... 104.71 Clay ...... 125.22 Gibson ...... 94.41 Baylor ...... 26.27 Codington ...... 92.33 Giles ...... 87.32 Bee ...... 52.10 Corson ...... 24.47 Grainger ...... 101.27 Bell ...... 83.53 Custer ...... 42.50 Greene ...... 119.80 Bexar ...... 151.16 Davison ...... 90.49 Grundy ...... 92.23 Blanco ...... 75.90 Day ...... 70.44 Hamblen ...... 146.83 Borden ...... 22.47 Deuel ...... 91.83 Hamilton ...... 262.63 Bosque ...... 63.20 Dewey ...... 25.83 Hancock ...... 70.98 Bowie ...... 76.43 Douglas ...... 99.10 Hardeman ...... 61.03 Brazoria ...... 119.14 Edmunds ...... 65.51 Hardin ...... 59.51 Brazos ...... 144.79 Fall River ...... 19.07 Hawkins ...... 99.37 Brewster ...... 17.33 Faulk ...... 67.83 Haywood ...... 88.50 Briscoe ...... 22.73

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APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued

State County Fee/acre/yr State County Fee/acre/yr State County Fee/acre/yr

Brooks ...... 39.50 Haskell ...... 26.77 Parker ...... 109.34 Brown ...... 61.36 Hays ...... 248.74 Parmer ...... 28.63 Burleson ...... 87.22 Hemphill ...... 28.35 Pecos ...... 17.61 Burnet ...... 75.44 Henderson ...... 81.14 Polk ...... 76.63 Caldwell ...... 97.25 Hidalgo ...... 109.92 Potter ...... 25.86 Calhoun ...... 54.57 Hill ...... 64.37 Presidio ...... 19.93 Callahan ...... 44.08 Hockley ...... 25.66 Rains ...... 88.55 Cameron ...... 90.61 Hood ...... 87.25 Randall ...... 40.26 Camp ...... 83.84 Hopkins ...... 74.27 Reagan ...... 21.33 Carson ...... 34.59 Houston ...... 71.04 Real ...... 48.89 Cass ...... 59.68 Howard ...... 23.54 Red River ...... 49.04 Castro ...... 35.12 Hudspeth ...... 22.98 Reeves ...... 13.39 Chambers ...... 60.24 Hunt ...... 78.75 Refugio ...... 31.81 Cherokee ...... 79.08 Hutchinson ...... 24.64 Roberts ...... 19.37 Childress ...... 23.54 Irion ...... 25.32 Robertson ...... 73.53 Clay ...... 48.97 Jack ...... 59.38 Rockwall ...... 140.90 Cochran ...... 23.57 Jackson ...... 74.06 Runnels ...... 35.20 Coke ...... 24.48 Jasper ...... 81.62 Rusk ...... 65.18 Coleman ...... 41.82 Jeff Davis ...... 17.49 Sabine ...... 57.42 Collin ...... 253.14 Jefferson ...... 59.94 San Augustine ... 71.77 Collingsworth ..... 25.81 Jim Hogg ...... 44.21 San Jacinto ...... 104.35 Colorado ...... 76.58 Jim Wells ...... 52.66 San Patricio ...... 67.45 Comal ...... 86.92 Johnson ...... 100.56 San Saba ...... 62.33 Comanche ...... 67.17 Jones ...... 29.04 Schleicher ...... 30.06 Concho ...... 37.54 Karnes ...... 62.25 Scurry ...... 26.62 Cooke ...... 84.17 Kaufman ...... 76.61 Shackelford ...... 32.83 Coryell ...... 66.33 Kendall ...... 78.80 Shelby ...... 89.26 Cottle ...... 28.25 Kenedy ...... 18.76 Sherman ...... 36.42 Crane ...... 21.58 Kent ...... 21.81 Smith ...... 133.57 Crockett ...... 20.67 Kerr ...... 63.55 Somervell ...... 79.74 Crosby ...... 24.69 Kimble ...... 50.70 Starr ...... 46.68 Culberson ...... 18.73 King ...... 17.64 Stephens ...... 44.51 Dallam ...... 28.86 Kinney ...... 31.59 Sterling ...... 17.26 Dallas ...... 206.08 Kleberg ...... 33.60 Stonewall ...... 23.26 Dawson ...... 26.47 Knox ...... 28.35 Sutton ...... 32.32 Deaf Smith ...... 28.71 La Salle ...... 40.32 Swisher ...... 26.62 Delta ...... 50.09 Lamar ...... 63.81 Tarrant ...... 155.36 Denton ...... 243.06 Lamb ...... 31.71 Taylor ...... 52.25 DeWitt ...... 78.19 Lampasas ...... 71.98 Terrell ...... 19.11 Dickens ...... 27.11 Lavaca ...... 89.36 Terry ...... 25.94 Dimmit ...... 35.89 Lee ...... 93.56 Throckmorton .... 35.84 Donley ...... 22.02 Leon ...... 77.30 Titus ...... 64.14 Duval ...... 43.19 Liberty ...... 76.56 Tom Green ...... 40.01 Eastland ...... 49.99 Limestone ...... 46.88 Travis ...... 159.22 Ector ...... 29.47 Lipscomb ...... 28.61 Trinity ...... 67.29 Edwards ...... 29.78 Live Oak ...... 54.95 Tyler ...... 86.84 El Paso ...... 102.19 Llano ...... 66.68 Upshur ...... 87.63 Ellis ...... 81.72 Loving ...... 4.86 Upton ...... 20.56 Erath ...... 80.58 Lubbock ...... 43.32 Uvalde ...... 33.06 Falls ...... 63.96 Lynn ...... 25.63 Val Verde ...... 25.66 Fannin ...... 73.12 Madison ...... 76.25 Van Zandt ...... 93.48 Fayette ...... 102.62 Marion ...... 50.98 Victoria ...... 74.32 Fisher ...... 28.79 Martin ...... 22.65 Walker ...... 93.64 Floyd ...... 25.60 Mason ...... 59.00 Waller ...... 118.86 Foard ...... 28.40 Matagorda ...... 61.01 Ward ...... 27.08 Fort Bend ...... 78.98 Maverick ...... 35.76 Washington ...... 121.68 Franklin ...... 78.90 McCulloch ...... 50.16 Webb ...... 43.60 Freestone ...... 65.28 McLennan ...... 91.83 Wharton ...... 73.86 Frio ...... 47.03 McMullen ...... 46.22 Wheeler ...... 27.72 Gaines ...... 29.40 Medina ...... 68.06 Wichita ...... 37.52 Galveston ...... 134.87 Menard ...... 37.72 Wilbarger ...... 32.55 Garza ...... 25.58 Midland ...... 40.95 Willacy ...... 44.72 Gillespie ...... 77.35 Milam ...... 80.50 Williamson ...... 94.73 Glasscock ...... 23.39 Mills ...... 63.86 Wilson ...... 80.78 Goliad ...... 67.65 Mitchell ...... 25.38 Winkler ...... 28.53 Gonzales ...... 80.94 Montague ...... 69.53 Wise ...... 99.16 Gray ...... 29.12 Montgomery ...... 290.50 Wood ...... 85.57 Grayson ...... 172.31 Moore ...... 28.86 Yoakum ...... 23.90 Gregg ...... 143.78 Morris ...... 58.11 Young ...... 43.04 Grimes ...... 97.91 Motley ...... 21.56 Zapata ...... 35.94 Guadalupe ...... 99.08 Nacogdoches .... 73.68 Zavala ...... 44.31 Hale ...... 33.11 Navarro ...... 59.79 Utah ...... Beaver ...... 24.83 Hall ...... 23.39 Newton ...... 56.53 Box Elder ...... 17.10 Hamilton ...... 63.88 Nolan ...... 28.05 Cache ...... 53.90 Hansford ...... 34.16 Nueces ...... 77.68 Carbon ...... 13.81 Hardeman ...... 26.57 Ochiltree ...... 31.36 Daggett ...... 30.97 Hardin ...... 79.59 Oldham ...... 20.74 Davis ...... 104.01 Harris ...... 219.77 Orange ...... 117.56 Duchesne ...... 10.89 Harrison ...... 66.89 Palo Pinto ...... 62.10 Emery ...... 23.43 Hartley ...... 31.59 Panola ...... 67.96 Garfield ...... 34.88

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APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued

State County Fee/acre/yr State County Fee/acre/yr State County Fee/acre/yr

Grand ...... 9.19 Isle of Wight ...... 98.56 San Juan ...... 164.14 Iron ...... 21.80 James City ...... 268.36 Skagit ...... 175.82 Juab ...... 14.80 King and Queen 89.61 Skamania ...... 209.70 Kane ...... 20.23 King George ...... 135.63 Snohomish ...... 335.53 Millard ...... 22.79 King William ...... 107.37 Spokane ...... 64.70 Morgan ...... 24.54 Lancaster ...... 112.43 Stevens ...... 27.23 Piute ...... 23.21 Lee ...... 70.21 Thurston ...... 206.19 Rich ...... 9.74 Loudoun ...... 260.48 Wahkiakum ...... 83.40 Salt Lake ...... 107.99 Louisa ...... 131.43 Walla Walla ...... 43.93 San Juan ...... 4.09 Lunenburg ...... 70.69 Whatcom ...... 291.48 Sanpete ...... 31.45 Madison ...... 157.86 Whitman ...... 30.30 Sevier ...... 47.76 Mathews ...... 113.52 Yakima ...... 47.82 Summit ...... 36.42 Mecklenburg ...... 73.35 West Virginia ..... Barbour ...... 62.22 Tooele ...... 15.34 Middlesex ...... 105.27 Berkeley ...... 142.53 Uintah ...... 7.03 Montgomery ...... 128.49 Boone ...... 62.32 Utah ...... 97.41 Nelson ...... 134.62 Braxton ...... 54.73 Wasatch ...... 61.98 New Kent ...... 142.05 Brooke ...... 75.27 Washington ...... 41.68 Northampton ...... 121.67 Cabell ...... 94.97 Wayne ...... 50.63 Northumberland 79.77 Calhoun ...... 48.58 Weber ...... 103.94 Nottoway ...... 84.23 Clay ...... 45.88 Vermont ...... Addison ...... 87.76 Orange ...... 167.10 Doddridge ...... 56.73 Bennington ...... 125.41 Page ...... 172.88 Fayette ...... 77.62 Caledonia ...... 83.97 Patrick ...... 73.64 Gilmer ...... 35.09 Chittenden ...... 168.07 Pittsylvania ...... 75.23 Grant ...... 69.87 Essex ...... 51.47 Powhatan ...... 140.62 Greenbrier ...... 69.44 Franklin ...... 82.07 Prince Edward ... 75.58 Hampshire ...... 80.04 Grand Isle ...... 113.26 Prince George ... 101.02 Hancock ...... 121.88 Lamoille ...... 91.73 Prince William ... 283.78 Hardy ...... 85.61 Orange ...... 96.86 Pulaski ...... 93.35 Harrison ...... 66.72 Orleans ...... 71.26 Rappahannock .. 182.86 Jackson ...... 58.91 Rutland ...... 72.65 Richmond ...... 104.95 Jefferson ...... 156.49 Washington ...... 112.70 Roanoke ...... 152.40 Kanawha ...... 103.41 Windham ...... 131.86 Rockbridge ...... 130.51 Lewis ...... 57.56 Windsor ...... 101.70 Rockingham ...... 234.69 Lincoln ...... 49.11 Virginia ...... Accomack ...... 113.26 Russell ...... 76.69 Logan ...... 65.92 Albemarle ...... 262.50 Scott ...... 69.98 Marion ...... 78.98 Alleghany ...... 111.85 Shenandoah ...... 156.14 Marshall ...... 68.93 Amelia ...... 82.10 Smyth ...... 77.75 Mason ...... 64.75 Amherst ...... 123.50 Southampton ..... 81.92 McDowell ...... 165.10 Appomattox ...... 82.10 Spotsylvania ...... 149.58 Mercer ...... 67.01 Arlington ...... 7,907.80 Stafford ...... 347.73 Mineral ...... 74.29 Augusta ...... 185.73 Suffolk ...... 109.52 Mingo ...... 29.74 Bath ...... 97.57 Surry ...... 89.67 Monongalia ...... 120.71 Bedford ...... 116.73 Sussex ...... 73.64 Monroe ...... 70.93 Bland ...... 91.44 Tazewell ...... 72.60 Morgan ...... 139.46 Botetourt ...... 111.40 Virginia Beach 256.02 Nicholas ...... 69.68 Brunswick ...... 66.71 City. Ohio ...... 96.56 Buchanan ...... 64.16 Warren ...... 200.30 Pendleton ...... 59.95 Buckingham ...... 99.01 Washington ...... 133.69 Pleasants ...... 61.50 Campbell ...... 81.89 Westmoreland ... 99.03 Pocahontas ...... 49.96 Caroline ...... 98.08 Wise ...... 82.18 Preston ...... 73.20 Carroll ...... 85.42 Wythe ...... 104.05 Putnam ...... 76.37 Charles City ...... 89.51 York ...... 320.96 Raleigh ...... 98.83 Charlotte ...... 69.55 Washington ...... Adams ...... 24.78 Randolph ...... 64.62 Chesapeake City 155.18 Asotin ...... 22.96 Ritchie ...... 48.10 Chesterfield ...... 244.56 Benton ...... 67.65 Roane ...... 51.43 Clarke ...... 186.97 Chelan ...... 267.28 Summers ...... 60.54 Craig ...... 79.34 Clallam ...... 221.62 Taylor ...... 81.94 Culpeper ...... 152.50 Clark ...... 155.27 Tucker ...... 76.29 Cumberland ...... 101.00 Columbia ...... 28.26 Tyler ...... 50.97 Dickenson ...... 74.83 Cowlitz ...... 155.42 Upshur ...... 70.48 Dinwiddie ...... 81.41 Douglas ...... 20.48 Wayne ...... 53.53 Essex ...... 84.76 Ferry ...... 8.99 Webster ...... 61.26 Fairfax ...... 445.97 Franklin ...... 79.75 Wetzel ...... 51.35 Fauquier ...... 195.28 Garfield ...... 27.30 Wirt ...... 48.18 Floyd ...... 100.89 Grant ...... 59.38 Wood ...... 88.81 Fluvanna ...... 114.50 Grays Harbor ..... 41.57 Wyoming ...... 89.18 Franklin ...... 95.58 Island ...... 190.55 Wisconsin ...... Adams ...... 118.07 Frederick ...... 191.67 Jefferson ...... 132.10 Ashland ...... 58.76 Giles ...... 81.55 King ...... 611.77 Barron ...... 89.93 Gloucester ...... 125.17 Kitsap ...... 610.31 Bayfield ...... 57.63 Goochland ...... 144.09 Kittitas ...... 71.63 Brown ...... 223.44 Grayson ...... 110.26 Klickitat ...... 30.86 Buffalo ...... 103.63 Greene ...... 173.31 Lewis ...... 104.15 Burnett ...... 71.62 Greensville ...... 71.97 Lincoln ...... 21.21 Calumet ...... 207.11 Halifax ...... 70.35 Mason ...... 148.60 Chippewa ...... 93.61 Hanover ...... 133.61 Okanogan ...... 20.95 Clark ...... 106.74 Henrico ...... 160.97 Pacific ...... 60.12 Columbia ...... 153.29 Henry ...... 78.57 Pend Oreille ...... 46.25 Crawford ...... 83.64 Highland ...... 84.86 Pierce ...... 372.98 Dane ...... 216.71

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APPENDIX A TO PART 11—FEE APPENDIX A TO PART 11—FEE available only in hard copy form. SCHEDULE FOR FY 2021—Continued SCHEDULE FOR FY 2021—Continued Publicly available docket materials are available through https:// State County Fee/acre/yr State County Fee/acre/yr www.regulations.gov, or please contact FOR FURTHER Dodge ...... 153.71 Washakie ...... 16.82 the person identified in the Door ...... 125.12 Weston ...... 9.63 INFORMATION CONTACT section for Douglas ...... 51.58 additional availability information. Dunn ...... 94.72 [FR Doc. 2021–02570 Filed 2–9–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: Erin Eau Claire ...... 120.12 Florence ...... 66.47 BILLING CODE 6717–01–P Trouba, Planning & Implementation Fond du Lac ...... 191.35 Branch (3AD30), Air & Radiation Forest ...... 63.81 Division, U.S. Environmental Protection Grant ...... 124.07 ENVIRONMENTAL PROTECTION Agency, Region III, 1650 Arch Street, Green ...... 142.74 Green Lake ...... 150.45 AGENCY Philadelphia, PA 19103. The telephone Iowa ...... 127.94 number is (215) 814–2023. Ms. Trouba Iron ...... 89.45 40 CFR Part 52 can also be reached via electronic mail Jackson ...... 99.95 at [email protected]. Jefferson ...... 161.87 [EPA–R03–OAR–2020–0283; FRL–10016– Juneau ...... 97.42 88–Region 3] SUPPLEMENTARY INFORMATION: Kenosha ...... 199.24 Kewaunee ...... 147.82 Air Plan Approval; Virginia; Negative I. Background La Crosse ...... 131.17 On July 16, 2020 (85 FR 43187), EPA Lafayette ...... 157.21 Declarations Certification for the 2008 Langlade ...... 86.06 Ozone National Ambient Air Quality published a notice of proposed Lincoln ...... 85.25 Standard Including the 2016 Oil and rulemaking (NPRM) pertaining to part of Manitowoc ...... 179.49 Natural Gas Control Techniques a SIP submittal from the Commonwealth Marathon ...... 124.96 of Virginia. In the NPRM, EPA proposed Marinette ...... 101.97 Guidelines Marquette ...... 109.84 approval of negative declarations for Menominee ...... 45.66 AGENCY: Environmental Protection certain specified CTGs, including the Milwaukee ...... 234.83 Agency (EPA). 2016 Oil and Gas CTG, as well as a Monroe ...... 104.34 ACTION: Final rule. number of other negative declarations Oconto ...... 109.58 1 Oneida ...... 106.92 for ACTs for the 2008 ozone NAAQS. Outagamie ...... 189.56 SUMMARY: The Environmental Protection Virginia’s negative declarations cover Ozaukee ...... 172.39 Agency (EPA) is approving a portion of the Northern Virginia area that was Pepin ...... 101.90 a state implementation plan (SIP) designated nonattainment for the 2008 Pierce ...... 121.52 revision submitted by the Polk ...... 93.03 ozone NAAQS and/or included as part Portage ...... 107.84 Commonwealth of Virginia. The portion of the Ozone Transport Region (OTR) by Price ...... 64.68 for approval consists of negative CAA section 184(a).2 The SIP revision Racine ...... 202.06 declarations for certain specified that EPA is taking final action to Richland ...... 88.27 Rock ...... 173.31 Control Techniques Guidelines (CTG), approve in this action was submitted to Rusk ...... 65.36 including the 2016 Oil and Natural Gas EPA by the Virginia Department of Sauk ...... 110.65 CTG (2016 Oil and Gas CTG), as well as Environmental Quality (VADEQ) on Sawyer ...... 68.20 a number of other negative declarations April 2, 2020. For additional Shawano ...... 122.62 Sheboygan ...... 173.44 for Alternative Control Techniques information on the scope of the SIP St. Croix ...... 123.31 (ACTs) for the 2008 ozone National submittal and the specific CTGs and Taylor ...... 77.20 Ambient Air Quality Standard ACTs for which VADEQ submitted a Trempealeau ..... 104.11 (NAAQS). The negative declarations negative declaration, please see the Vernon ...... 102.16 Vilas ...... 155.53 cover only those CTGs or ACTs for NPRM. Walworth ...... 182.36 which there are no sources subject to The CAA regulates emissions of Washburn ...... 82.27 those CTGs or ACTs located in the nitrogen oxides (NOX) and VOCs to Washington ...... 185.51 Northern Virginia Volatile Organic prevent photochemical reactions that Waukesha ...... 144.85 Waupaca ...... 118.78 Compound (VOC) Emissions Control result in ozone formation. Reasonably Waushara ...... 111.29 Area. EPA is approving these revisions available control technology (RACT) is a Winnebago ...... 183.36 to the Virginia SIP in accordance with strategy for reducing NOX and VOC Wood ...... 87.09 the requirements of the Clean Air Act emissions from stationary sources Wyoming ...... Albany ...... 10.52 Big Horn ...... 22.87 (CAA). within areas not meeting the ozone NAAQS, and for areas within the OTR. Campbell ...... 8.14 DATES: This final rule is effective on Carbon ...... 7.91 March 12, 2021. EPA has consistently defined RACT as Converse ...... 7.61 the lowest emission limit that a Crook ...... 14.09 ADDRESSES: EPA has established a Fremont ...... 18.33 particular source is capable of meeting docket for this action under Docket ID by the application of the control Goshen ...... 12.40 Number EPA–R03–OAR–2020–0283. All Hot Springs ...... 8.94 technology that is reasonably available Johnson ...... 8.46 documents in the docket are listed on considering technological and economic Laramie ...... 12.20 the https://www.regulations.gov feasibility. CTGs and ACTs form Lincoln ...... 26.31 website. Although listed in the index, Natrona ...... 6.53 Niobrara ...... 9.02 some information is not publicly 1 See the NPRM for the list of negative Park ...... 21.50 available, e.g., confidential business declarations that the Commonwealth submitted for Platte ...... 12.63 information (CBI) or other information Northern Virginia, and which EPA is acting on here. Sheridan ...... 17.61 whose disclosure is restricted by statute. 2 The Northern Virginia area consists of Arlington Sublette ...... 23.76 Certain other material, such as County, Fairfax County, Loudoun County, Prince Sweetwater ...... 4.26 William County, Stafford County, Alexandria City, Teton ...... 58.27 copyrighted material, is not placed on Fairfax City, Falls Church City, Manassas City, and Uinta ...... 15.43 the internet and will be publicly Manassas Park City.

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important components of the guidance EPA’s proposed action is explained in Memo,4 and the 2008 Ozone that EPA provides to states for making the NPRM and will not be restated here. Implementation Rule.5 In each of these RACT determinations. CTGs are used to documents, EPA asserted that if no III. EPA’s Response to Comments presumptively define VOC RACT for sources exist in the nonattainment area Received applicable source categories of VOCs. for a particular CTG category, the state ACTs describe an available range of EPA received three comments on the would be allowed to submit a negative control technologies and their July 16, 2020 NPRM. All comments declaration SIP revision. This principle respective cost effectiveness for received are in the docket for this also applies to states and areas in the particular source categories, but do not action. One comment was generally OTR. identify any particular option as the supportive of the CAA’s impact on Nothing in the CAA or EPA’s presumptive norm for what is RACT. human health and the environment but implementing rules or guidance On March 6, 2016 (80 FR 12264), EPA did not specifically address any aspect suggests that states must have a SIP issued a final rule entitled of EPA’s proposed action and will approved regulation for a category of ‘‘Implementation of the 2008 National therefore not be addressed here. A CTG sources that does not exist in the Ambient Air Quality Standards for summary of the other two comments state. Should a new source of the type Ozone: State Implementation Plan and EPA’s responses are provided covered by the existing CTG be Requirements’’ (2008 Ozone herein. constructed in a state after approval of Implementation Rule). In the preamble Comment 1: The Commenter asserts a negative declaration, EPA expects the to the final rule, EPA makes clear that that EPA should not approve Virginia’s state to develop a regulation and submit if there are no sources covered by a negative declarations ‘‘. . . without it to EPA for approval into the SIP in specific CTG source category located in review of all possible uses the state accordance with the relevant timing an ozone nonattainment area or an area might use these approved declarations,’’ provided for by the CAA. At this time, in the OTR, the state may submit a because it may allow the state to ‘‘. . . because the portion of Northern Virginia negative declaration for that CTG. 80 FR skirt more necessary environmental included in the OTR does not have any 12264, 12278. protections.’’ The Commenter also sources subject to any of the CTGs listed appears to claim that EPA’s approval of in the NPRM, no regulations are II. Summary of SIP Revision and EPA Virginia’s negative declarations hinders required to be developed and submitted Analysis development of projects in the state. To to EPA for SIP approval for those CTGs. In its April 2, 2020 submittal, VADEQ support this claim, the Commenter cites Also, contrary to commenter’s claim, certified to EPA that the Northern an unidentified analysis which purports the negative declarations will not have Virginia area has met all of the CAA to show that a solar industry investment any impact on any proposed RACT implementation requirements for project in Virginia was potentially development projects. The negative the 2008 ozone NAAQS, including CAA blocked by such a declaration. Citing declarations neither exempt sources sections 182(b)(2) and 184(b)(1)(B). climate change as an example, the subject to a CTG from complying with However, this final rule only addresses Commenter further asserts that ‘‘(w)ith other provisions of the CAA and section 2.2 of the April 2, 2020 EPA taking an official stance against Virginia law which otherwise apply nor submittal, which contains negative projects to protect the environment, we create any new requirements. In declarations for certain CTGs and ACTs all stand to lose.’’ addition, EPA cannot identify any Response 1: The Commenter has in the Northern Virginia area, as impact the negative declarations would misinterpreted the purpose of the described in the NPRM. EPA notes that have on any proposed solar project as negative declarations, as well as the Virginia’s April 2, 2020 SIP submission claimed by the Commenter, and EPA is scope and impact of EPA’s approval. As also addresses RACT for major sources unable to evaluate the analysis that the stated in the NPRM, the negative of NO and VOC in the Northern Commenter references because no X declarations in Virginia’s April 2, 2020 Virginia area under CAA section citation is included in the comment. submittal are related to the provisions of 182(b)(2)(C), but that portion of the SIP The Commenter also references a letter CAA section 184(b) which require that submittal is not being addressed in this from April 6, 2013 that they sent to states in the OTR, or with areas action, and will instead be addressed in EPA. However, because the commenter included within the OTR, must revise a future action taken by EPA. did not identify the matter to which it their SIPs to implement RACT with applied or the person to whom the letter Table 3 of section 2.2 of the SIP respect to all sources of VOC covered by submittal identifies source categories was sent, EPA could not locate such a a CTG document. Because portions of letter and was therefore unable to subject to CTGs and ACTs for which Virginia are within the OTR, Virginia Virginia is submitting a negative evaluate it. must provide a SIP submission to Comment 2: A second Commenter declaration stating that there are no address RACT for all sources of VOC sources located in the Northern Virginia also claims that EPA should not approve covered by a CTG. See NPRM 85 FR Virginia’s negative declarations. First, area subject to these CTGs or ACTs, for 43188, July 16, 2020. purposes of the 2008 ozone NAAQS. As the Commenter asserts that Virginia has EPA has historically allowed states to no legal authority to make such noted in the NPRM, EPA issued a CTG submit a negative declaration for a for the Oil and Gas Industry in October declarations. Further, the Commenter particular CTG category if the state finds asserts that negative declarations ‘‘. . . of 2016. Because this is a newer CTG, that no sources exist in the state, or area, section 2.2 of the submittal includes a which would be subject to that CTG. Act Amendments of 1990,’’ 57 FR 13498 at 13512 first-time negative declaration for the EPA has addressed the idea of negative (April 16, 1992). 2016 Oil and Gas CTG. Along with the declarations numerous times and for 4 ‘‘RACT Qs & As—Reasonably Available Control other negative declarations, VADEQ various NAAQS including in the Technology (RACT): Questions and Answers’’ asserts that there are no facilities in the Memorandum from William T. Harnett, May 18, General Preamble to the 1990 2006. Northern Virginia area that are currently 3 Amendments, the 2006 RACT Q&A 5 ‘‘Implementation of the 2008 National Ambient involved in oil and gas production and Air Quality Standards for Ozone: State processing activities covered by the 3 ‘‘State Implementation Plans; General Preamble Implementation Plan Requirements,’’ (80 FR 12263 2016 Oil and Gas CTG. The rationale for for the Implementation of Title I of the Clean Air at 12278 (March 6, 2015)).

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preclude any future development in that power to: (i) Initiate and receive imposing any regulations or rules on the sector . . . unless a new state regulation complaints as to air pollution; (ii) hold oil and gas industry. As explained is developed and enforced upon the or cause to be held hearings and enter previously, Virginia is merely stating new sources.’’ Additionally, the orders diminishing or abating the causes that at this time there are no sources in Commenter asserts that the negative of air pollution and orders to enforce its the Northern Virginia area which are declarations will have a devastating regulations pursuant to Va. Code section subject to the 2016 Oil and Gas CTG. effect on development, and that they are 10.1–1309; and (iii) institute legal For the reasons stated, EPA disagrees contrary to an unidentified Executive proceedings, including suits for with the commenters and is therefore Order ‘‘. . . precluding the government injunctions for the enforcement of its finalizing our proposed approval of the from imposing new regulations or rules orders, regulations, and the abatement negative declarations in Virginia’s April on the oil and gas industry.’’ Finally, the and control of air pollution and for the 2, 2020 submittal. Commenter asserts that ‘‘EPA must enforcement of penalties’’ (Va. Code IV. Final Action revoke this proposed rule and redo its Sec. 10.1–1307.D)); and issue, revoke, analysis to show no state laws are being amend, or deny permits for the issuance EPA is approving that portion of broken that restrict economic of air pollutants (See Va. Code Sec. Virginia’s April 2, 2020 SIP submission development and EPA must show that 10.1–1322). These authorities provide making a negative declaration for the the rule is in line with the executive the legal basis and authority for the 2016 Oil and Gas CTG, as well as re- order promoting energy infrastructure Virginia Air Pollution Control Board to certifying a number of negative and economic growth.’’ submit a negative declaration to EPA declarations for certain specified CTGs and ACTs, in accordance with the SIP Response 2: First, EPA notes that the attesting that certain sources covered by CTGs do not exist in the Northern requirements for the 2008 ozone Commenter is incorrect in the assertion NAAQS, as a revision to the Virginia that the Commonwealth of Virginia Virginia area. Further, EPA cannot identify, and the SIP. lacks the legal authority to make and Commenter did not identify, any submit the negative declarations V. General Information Pertaining to conflict with any state law which the proposed for approval in the NPRM. SIP Submittals From the approval of these negative declarations The CAA establishes a partnership Commonwealth of Virginia might create. As discussed previously, between state and Federal entities for the negative declarations being In 1995, Virginia adopted legislation the protection and improvement of the approved by this action do not create that provides, subject to certain nation’s air quality. Under CAA section any new Virginia law, so no conflict conditions, for an environmental 109, EPA is required to establish with existing state law is being created. assessment (audit) ‘‘privilege’’ for NAAQS for certain criteria air The Commenter is also incorrect voluntary compliance evaluations pollutants in order to protect public about the impact and purpose of performed by a regulated entity. The health and welfare. Subsequent to the Virginia’s negative declarations. As legislation further addresses the relative promulgation or revision of a NAAQS, discussed in response to Comment 1, burden of proof for parties either states are required by CAA section 110 the negative declarations which EPA asserting the privilege or seeking to adopt and submit to EPA for approval proposed to approve in the July 16, 2020 disclosure of documents for which the a SIP which provides for the NPRM do not preclude any future privilege is claimed. Virginia’s implementation, maintenance, and proposal to locate a new source in the legislation also provides, subject to enforcement of the NAAQS within that Northern Virginia area that is subject to certain conditions, for a penalty waiver state. This requires that the state have a CTG. The sole purpose of these for violations of environmental laws adequate state law authority to adopt, negative declarations is to certify that at when a regulated entity discovers such implement, and enforce the SIP. the time of the declaration, no sources violations pursuant to a voluntary Virginia state law provides such covered by a particular CTG exist within compliance evaluation and voluntarily authorities to the Virginia Air Pollution the Northern Virginia area. EPA’s discloses such violations to the Control Board, which was created by the approval of the negative declarations Commonwealth and takes prompt and legislature of Virginia (See Va. Code indicates that the Agency agrees with appropriate measures to remedy the Sec. 10.1–1300 through 1332.4). The Air the State’s factual determination that no violations. Virginia’s Voluntary Pollution Control Board has the broad sources exist in the Northern Virginia Environmental Assessment Privilege authority to, among other things, act area that are covered by the CTGs and Law, Va. Code Sec. 10.1–1198, provides reasonably to achieve and maintain ACTs listed. This factual determination a privilege that protects from disclosure levels of air quality that will protect does not itself preclude any future documents and information about the human health, welfare, and safety (Va. development or limit economic content of those documents that are the Code Sec. 10.1–1306); ‘‘advise, consult, development because it does not impose product of a voluntary environmental and cooperate with agencies of the any restrictions on sources or the State. assessment. The Privilege Law does not United States . . . in furtherance of the Regarding the Commenter’s assertion extend to documents or information purposes of this chapter’’ (Va. Code Sec. that the negative declarations are that: (1) Are generated or developed 10.1–1307.A); ‘‘. . . promulgate contrary to an unidentified Executive before the commencement of a regulations, including emergency Order ‘‘. . . precluding the government voluntary environmental assessment; (2) regulations, abating, controlling and from imposing new regulations or rules are prepared independently of the prohibiting air pollution throughout or on the oil and gas industry,’’ EPA notes assessment process; (3) demonstrate a in any part of the Commonwealth in that the comment does not identify the clear, imminent and substantial danger accordance with the provisions of the Executive Order containing this to the public health or environment; or Administrative Process Act (section 2.2– prohibition. The Commenter may be (4) are required by law. 4000 et seq.) . . .’’ (Va. Code Sec. 10.1– referring to Executive Order 13783 On January 12, 1998, the 1308); enforce the regulations it adopts (Promoting Energy Independence and Commonwealth of Virginia Office of the (‘‘[a]fter the Board has adopted the Economic Growth) from March 28, Attorney General provided a legal regulations provided for in Va. Code 2017. Nevertheless, via this action, opinion that states that the Privilege section 10.1–1308, it shall have the neither EPA nor Virginia is adopting or law, Va. Code Sec. 10.1–1198, precludes

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granting a privilege to documents and CAA and applicable Federal regulations. governments or preempt tribal law as information ‘‘required by law,’’ 42 U.S.C. 7410(k); 40 CFR 52.02(a). specified by Executive Order 13175 (65 including documents and information Thus, in reviewing SIP submissions, FR 67249, November 9, 2000). EPA’s role is to approve state choices, ‘‘required by Federal law to maintain B. Submission to Congress and the program delegation, authorization or provided that they meet the criteria of Comptroller General approval,’’ since Virginia must ‘‘enforce the CAA. Accordingly, this action Federally authorized environmental merely approves state law as meeting The Congressional Review Act, 5 programs in a manner that is no less Federal requirements and does not U.S.C. 801 et seq., as added by the Small stringent than their Federal counterparts impose additional requirements beyond Business Regulatory Enforcement . . . .’’ The opinion concludes that those imposed by state law. For that Fairness Act of 1996, generally provides ‘‘[r]egarding Va. Code Sec. 10.1–1198, reason, this action: that before a rule may take effect, the therefore, documents or other • Is not a ‘‘significant regulatory agency promulgating the rule must information needed for civil or criminal action’’ subject to review by the Office submit a rule report, which includes a enforcement under one of these of Management and Budget under copy of the rule, to each House of the programs could not be privileged Executive Orders 12866 (58 FR 51735, Congress and to the Comptroller General because such documents and October 4, 1993) and 13563 (76 FR 3821, of the United States. EPA will submit a information are essential to pursuing January 21, 2011); report containing this action and other enforcement in a manner required by • Is not an Executive Order 13771 (82 required information to the U.S. Senate, Federal law to maintain program FR 9339, February 2, 2017) regulatory the U.S. House of Representatives, and delegation, authorization or approval.’’ action because this is not a ‘‘significant the Comptroller General of the United Virginia’s Immunity law, Va. Code regulatory action’’ under Executive States prior to publication of the rule in Sec. 10.1–1199, provides that ‘‘[t]o the Order 12866. the Federal Register. A major rule extent consistent with requirements • Does not impose an information cannot take effect until 60 days after it imposed by Federal law,’’ any person collection burden under the provisions is published in the Federal Register. making a voluntary disclosure of of the Paperwork Reduction Act (44 This action is not a ‘‘major rule’’ as information to a state agency regarding U.S.C. 3501 et seq.); defined by 5 U.S.C. 804(2). • a violation of an environmental statute, Is certified as not having a C. Petitions for Judicial Review significant economic impact on a regulation, permit, or administrative Under section 307(b)(1) of the CAA, order is granted immunity from substantial number of small entities under the Regulatory Flexibility Act (5 petitions for judicial review of this administrative or civil penalty. The action must be filed in the United States Attorney General’s January 12, 1998 U.S.C. 601 et seq.); • Court of Appeals for the appropriate opinion states that the quoted language Does not contain any unfunded mandate or significantly or uniquely circuit by April 12, 2021. Filing a renders this statute inapplicable to petition for reconsideration by the enforcement of any Federally authorized affect small governments, as described in the Unfunded Mandates Reform Act Administrator of this final rule does not programs, since ‘‘no immunity could be affect the finality of this action for the afforded from administrative, civil, or of 1995 (Pub. L. 104–4); • Does not have Federalism purposes of judicial review nor does it criminal penalties because granting extend the time within which a petition such immunity would not be consistent implications as specified in Executive Order 13132 (64 FR 43255, August 10, for judicial review may be filed, and with Federal law, which is one of the shall not postpone the effectiveness of criteria for immunity.’’ 1999); • Is not an economically significant such rule or action. Therefore, EPA has determined that This action certifies negative Virginia’s Privilege and Immunity regulatory action based on health or safety risks subject to Executive Order declarations for certain specified CTGs, statutes will not preclude the including the 2016 Oil and Natural Gas Commonwealth from enforcing its 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action CTG, as well as a number of other program consistent with the Federal subject to Executive Order 13211 (66 FR negative declarations for ACTs for the requirements. In any event, because 28355, May 22, 2001); 2008 ozone NAAQS for the Northern EPA has also determined that a state • Is not subject to requirements of Virginia area and may not be challenged audit privilege and immunity law can section 12(d) of the National later in proceedings to enforce its affect only state enforcement and cannot Technology Transfer and Advancement requirements. (See section 307(b)(2).) have any impact on Federal Act of 1995 (15 U.S.C. 272 note) because enforcement authorities, EPA may at List of Subjects in 40 CFR Part 52 application of those requirements would any time invoke its authority under the be inconsistent with the CAA; and Environmental protection, Air CAA, including, for example, sections • Does not provide EPA with the pollution control, Incorporation by 113, 167, 205, 211 or 213, to enforce the discretionary authority to address, as reference, Nitrogen dioxide, Ozone, requirements or prohibitions of the state appropriate, disproportionate human Volatile organic compounds. plan, independently of any state health or environmental effects, using This document of the Environmental enforcement effort. In addition, citizen practicable and legally permissible Protection Agency was signed on enforcement under section 304 of the methods, under Executive Order 12898 November 17, 2020, by Cosmo Servidio, CAA is likewise unaffected by this, or (59 FR 7629, February 16, 1994). Regional Administrator, pursuant to the any, state audit privilege or immunity The SIP is not approved to apply on terms of the Consent Decree in Center law. any Indian reservation land as defined for Biological Diversity, et al., v. VI. Statutory and Executive Order in 18 U.S.C. 1151 or in any other area Wheeler, Case No. 3:20–cv–00448–VC Reviews where EPA or an Indian tribe has (N.D. CA). That document with the demonstrated that a tribe has original signature and date is A. General Requirements jurisdiction. In those areas of Indian maintained by EPA. For administrative Under the CAA, the Administrator is country, the rule does not have tribal purposes only, and in compliance with required to approve a SIP submission implications and will not impose requirements of the Office of the Federal that complies with the provisions of the substantial direct costs on tribal Register, the undersigned EPA Official

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re-signs the document for publication, PART 52—APPROVAL AND § 52.2420 Identification of plan. as an official document of the PROMULGATION OF * * * * * Environmental Protection Agency. This IMPLEMENTATION PLANS (e) * * * administrative process in no way alters the legal effect of this document upon ■ 1. The authority citation for part 52 (1) * * * publication in the Federal Register. continues to read as follows: Signed in Philadelphia, PA, on November Authority: 42 U.S.C. 7401 et seq. 17, 2020 by: Cosmo Servidio, Subpart VV—Virginia Regional Administrator, Region III. ■ 2. In § 52.2420, the table in paragraph Dated: February 3, 2021, (e)(1) is amended by adding the entry Diana Esher, for ‘‘CTG Negative Declarations Acting Regional Administrator, Region III. Certification for the 2008 Ozone For the reasons stated in the National Ambient Air Quality preamble, the EPA amends 40 CFR part Standard’’ at the end of the table to read 52 as follows: as follows:

State Name of non-regulatory SIP Applicable geographic area submittal EPA approval date Additional revision date explanation

******* CTG Negative Declarations Northern Virginia VOC emis- 04/02/20 2/10/21, [insert Federal Reg- Certifies negative declarations Certification for the 2008 sions control area. ister citation]. for CTG and ACT source Ozone National Ambient Air categories in Northern Vir- Quality Standard. ginia, including the 2016 Oil and Gas CTG.

* * * * * DATES: This correction is effective on SUMMARY: In this document, the [FR Doc. 2021–02594 Filed 2–9–21; 8:45 am] February 8, 2021. Wireline Competition Bureau of the BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: For Federal Communications Commission further information, please contact (Commission) denies Public Megan Danner, Competition Policy Knowledge’s Petition for Reconsideration of the Wireline FEDERAL COMMUNICATIONS Division, Wireline Competition Bureau, Infrastructure Second Report and Order, COMMISSION at [email protected], 202–418– 1151. published on July 9, 2018, and 47 CFR Part 51 dismisses as moot Public Knowledge’s SUPPLEMENTARY INFORMATION: companion Motion to Hold in Abeyance [WC Docket No. 19–308; FCC 20–152; FRS Correction the same Order pending an appeal that 17457] has now been denied. In the Federal Register of January 8, DATES: The Commission denies the Modernizing Unbundling and Resale 2021, in FR doc. 2020–25254, on page petition for reconsideration as of March Requirements in an Era of Next- 1674, in the first column, correct the 12, 2021. Generation Networks and Services; subject heading for § 51.319(a)(5)(i) to Correction read: ‘‘Availability of DS3 loops’’. ADDRESSES: Federal Communications Federal Communications Commission. Commission, 45 L Street NE, AGENCY: Federal Communications Marlene Dortch, Washington, DC 20554. Commission. Secretary. FOR FURTHER INFORMATION CONTACT: ACTION: Final rule; correction. [FR Doc. 2021–02772 Filed 2–8–21; 11:15 am] Wireline Competition Bureau, SUMMARY: The Federal Communications BILLING CODE 6712–01–P Competition Policy Division, Michele Commission published a document in Levy Berlove, at (202) 418–1477, the Federal Register on January 8, 2021, [email protected]. announcing the elimination of FEDERAL COMMUNICATIONS SUPPLEMENTARY INFORMATION: This is a unbundling and resale requirements COMMISSION summary of the Wireline Competition where they stifle technology transitions 47 CFR Part 63 Bureau’s Order on Reconsideration in and broadband deployment, and the WC Docket No. 17–84, adopted October preservation of unbundling [WC Docket No. 17–84; DA 20–1241; FRS 20, 2020 and released October 20, 2020. requirements where they are still 17275] The full text of this document is necessary to realize the 1996 Act’s goal available on the Commission’s website of robust intermodal competition Accelerating Wireline Broadband at https://docs.fcc.gov/public/ benefiting all Americans. There is a Deployment by Removing Barriers to attachments/DA-20-1241A1.docx. To typographical error in the rules section Infrastructure Investment request materials in accessible formats of this document, incorrectly referring AGENCY: Federal Communications for people with disabilities (Braille, to the heading as ‘‘Availability of DS1 Commission large print, electronic files, audio loops’’ when it should read format), send an email to FCC504@ ACTION: Denial of reconsideration. ‘‘Availability of DS3 loops.’’ fcc.gov or call the Consumer &

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Governmental Affairs Bureau at 202– II. Background factors ‘‘generally provides the basis for 418–0530 (voice), 202–418–0432 (TTY). 3. Section 214(a) of the reviewing discontinuance applications, The Wireline Competition Bureau Communications Act of 1934, as our ‘public interest evaluation adopted the Order on Reconsideration amended, requires that carriers seek necessarily encompasses the broad aims in conjunction with an Order and a Commission authorization before of the Communications Act.’ ’’ In 2016, Declaratory Ruling in WC Docket No. discontinuing, reducing, or impairing the Commission revised its streamlined 17–84. service to a community or part of a discontinuance rules to create a process This document does not contain new community. Unless otherwise noted, applicable specifically to technology or modified information collection this item uses the term ‘‘discontinue’’ or transition discontinuance applications. requirements subject to the Paperwork ‘‘discontinuance’’ as a shorthand for the These applications seek to discontinue Reduction Act of 1995 (PRA), Public statutory language ‘‘discontinue, reduce, legacy time-division multiplexing Law 104–13. In addition, therefore, it or impair.’’ The Commission will grant (TDM)-based voice services in a does not contain any new or modified such authorization only if it determines community, replacing them instead information collection burden for small that ‘‘neither the present nor future with a voice service using a different, business concerns with fewer than 25 public convenience and necessity will next-generation technology. In adopting employees, pursuant to the Small be adversely affected.’’ This requirement a new process specifically for Business Paperwork Relief Act of 2002, is ‘‘directed at preventing a loss or technology transition discontinuance Public Law 107–198, see 44 U.S.C. impairment of a service offering to a applications, the Commission 3506(c)(4). community or part of a community concluded that the existence, without adequate public interest availability, and adequacy of The Commission will not send a copy alternatives has ‘‘heightened of this Order on Reconsideration to safeguards.’’ Reference to ‘‘the Commission’’ with respect to importance’’ in evaluating the impact on Congress and the Government the public interest, as consumers in the Accountability Office pursuant to the administering its section 214 discontinuance rules throughout this affected community would typically Congressional Review Act, see 5 U.S.C. need to transition to more modern voice 801(a)(1)(A), because the adopted rules item includes actions taken by the Bureau pursuant to its delegated service alternatives having different are rules of particular applicability. This characteristics. As a result, carriers document denying the Order on authority to accept, process, and act on section 214 applications. could get streamlined treatment of a Reconsideration applies to one technology transition discontinuance petitioner, Public Knowledge. 4. The Commission’s rules implementing section 214(a) provide application only by complying with a Synopsis that a carrier’s application seeking set of requirements intended to focus heightened scrutiny on the replacement I. Introduction Commission discontinuance authority will be automatically granted after sixty service to which end-user customers 1. Next-generation networks hold the or thirty days, depending on whether would have access. In order to get promise of new and improved service the carrier is considered dominant or streamlined treatment via the adequate offerings for American consumers, and nondominant, respectively, unless the replacement test, a technology transition encouraging the deployment of these Commission notifies the applicant discontinuance applicant must certify or facilities as broadly as possible has long otherwise. This automatic grant feature demonstrate that one or more been a priority of the Commission. The has become known as streamlined replacement services in the area offers COVID–19 pandemic has served to processing. The Commission may all of the following: (1) Substantially underscore the importance of ensuring remove an application from streamlined similar levels of network infrastructure that people throughout the country can processing based on the contents of the and service quality as the applicant reap the benefits of these next- application itself, responsive or service; (2) compliance with existing generation networks, which provide oppositional comments, or other issues Federal and/or industry standards increased access to economic associated with the application that required to ensure that critical opportunity, healthcare, education, warrant further scrutiny prior to acting. applications such as 911, network civic engagement, and connections with The Commission will normally security, and applications for family and friends. Removing authorize the discontinuance, however, individuals with disabilities remain unnecessary regulatory barriers faced by ‘‘unless it is shown that customers available; and (3) interoperability and carriers seeking to transition legacy would be unable to receive service or a compatibility with an enumerated list of networks and services to modern reasonable substitute from another applications and functionalities broadband infrastructure is therefore a carrier or that the public convenience or determined to be key to consumers and key component of the Commission’s necessity is otherwise adversely competitors. work to improve access to advanced affected.’’ 6. In furtherance of its commitment to communications services and to close 5. In evaluating whether a planned encouraging a more rapid transition to the digital divide. discontinuance of service will adversely next-generation voice technologies and 2. In the Order on Reconsideration, affect the public convenience or services, the Commission further the Wireline Competition Bureau denies necessity, the Commission traditionally amended its technology transition a petition by Public Knowledge employs a five-factor balancing test. discontinuance rules in 2018 to provide (Petitioner) seeking reconsideration of These five factors analyze: (1) The an additional, more streamlined option the Wireline Infrastructure Second financial impact on the common carrier for carriers seeking to discontinue Report and Order (Second Report and of continuing to provide the service; (2) legacy voice services. This option Order or Order), 83 FR 31659, July 9, the need for the service in general; (3) encompassed ‘‘appropriate limitations 2018, and dismisses as moot its the need for the particular facilities in to protect consumers and the public accompanying motion to have the question; (4) increased charges for interest,’’ while enabling carriers to Commission hold that Order in alternative services; and (5) the work more responsively to ‘‘redirect abeyance pending the outcome of an existence, availability, and adequacy of resources to next-generation networks,’’ appeal. alternatives. While analysis of these five ultimately benefitting the public. Via a

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new ‘‘alternative options test,’’ a carriers to obtain streamlined treatment discontinued.’’ The Wireline carrier’s technology transition of applications to discontinue legacy Competition Bureau disagrees with discontinuance application is eligible TDM-based voice services as part of a Public Knowledge’s characterization of for streamlined processing when: (1) technology transition. Public the NTIA letter, and with the assertion The discontinuing carrier offers a stand- Knowledge subsequently sought that government agencies will be alone, facilities-based interconnected reconsideration of that Order and to negatively affected by the changes Voice over Internet Protocol (VoIP) have the Commission hold it in adopted in the Second Report and service throughout the affected service abeyance pending the outcome of an Order. area, and (2) at least one stand-alone appeal of the Wireless Infrastructure 11. As an initial matter, the facilities-based voice service is available First Report and Order (First Report and Commission fully considered, and from an unaffiliated provider Order) (82 FR 61453, Dec. 28, 2017) in rejected, arguments that government throughout the affected service area. A the same Commission proceeding. The agencies would be negatively impacted carrier seeking streamlined treatment for Wireline Competition Bureau sought by the rules adopted in the Second a technology transition discontinuance comment on Public Knowledge’s Report and Order. In that Order, the application can choose to satisfy either Petition on September 19, 2018 (83 FR Commission found unpersuasive the adequate replacement test or the 47325). While the Public Notification ‘‘concerns that large enterprise or alternative options test. All carriers, seeking comment on the Petition did not government customers will be adversely regardless of status as dominant or non- also seek comment on the Motion, affected by further streamlined dominant, are eligible for the certain filers responded to the Motion. processing of legacy voice streamlined options for the No commenters other than Public discontinuance applications that do not discontinuance of legacy TDM-based Knowledge filed in support of the meet the adequate replacement test.’’ voice service. We note that seeking Petition. Three commenters filed The Commission found in the Second streamlined treatment for a technology oppositions to the Petition, generally Report and Order that ‘‘carriers are transition discontinuance application is arguing that it ‘‘offers no basis for the accustomed to working with . . . optional. If a discontinuing carrier Commission to reverse any of its government users . . . to avoid service cannot, or elects not to attempt to, decisions.’’ We agree and deny the disruptions’’ and noted the satisfy the requirements associated with Petition. Moreover, we deny the Motion Commission’s expectation that under seeking one of the streamlined treatment as moot for the additional independent the new streamlined discontinuance alternatives, the carrier may always reason that the pending appeal upon processing rules ‘‘carriers will ‘continue proceed with its discontinuance which it was based has been denied. to collaborate with their [enterprise or application on a non-streamlined basis, government] customers . . . to ensure A. The Petition Rehashes Issues Already under the traditional five-factor test. In that they are given sufficient time to Addressed addition, neither the 2016 nor the 2018 accommodate the transition to [next- technology transition discontinuance 9. In support of its Petition, Public generation services] such that key rules limited their applicability to Knowledge raises several arguments that functionalities are not lost during this incumbent local exchange carriers the Commission previously addressed period of change.’ ’’ The Commission (LECs). An incumbent LEC is any local in the Second Report and Order. went on to note that ‘‘as with all exchange carrier in a specific area that: Specifically, the Petition argues that: (1) discontinuance applications, [Federal (A) On February 8, 1996, provided ‘‘the Commission’s changes to its rules agency] customers are able to file telephone exchange service in such . . . pose a threat to the ability of comments in opposition to a area; and (B)(i) on February 8, 1996, was [F]ederal agencies to complete their discontinuance application and seek to deemed to be a member of the exchange missions;’’ (2) the ‘‘alternative options’’ have the Commission remove the carrier association pursuant to test adopted in the Second Report and application from streamlined § 69.601(b) of the Commission’s Order is deficient in various ways; and processing.’’ The NTIA letter referenced regulations (47 CFR 69.601(b)); or (ii) is (3) the Commission improperly relied by the Petition raises no new concerns a person or entity that, on or after on ‘‘market-based incentives [as] about these findings. February 8, 1996, became a successor or sufficient to ensure that customers will 12. Moreover, several commenters assign of a member described in clause retain access to adequate service.’’ point out that the Petition misconstrues (i). By contrast, a competitive LEC is a USTelecom noted that ‘‘[m]any of the NTIA’s filing, which, ‘‘[c]ontrary to carrier that intends to compete directly complaints in the Petition have already Public Knowledge’s assertions, . . . with the incumbent LEC for its been considered by the Commission.’’ generally supports the Commission’s customers and its control of the local The Wireline Competition Bureau approach’’ in the Second Report and market. denies the Petition because all of Public Order. For example, NTIA ‘‘support[s] Knowledge’s arguments were fully the Commission’s decision to extend III. Order on Reconsideration considered, and rejected, by the . . . streamlined processing rules . . . 7. In this Order on Reconsideration, Commission in the underlying for legacy voice and data services the Wireline Competition Bureau proceeding. operating at speeds less than 1.544 (Bureau) denies Public Knowledge’s 10. First, Public Knowledge argues in Mbps to carrier applications to Petition for Reconsideration (Petition) of its Petition that a filing by the National discontinue data services at speeds the Wireline Infrastructure Second Telecommunications and Information below 25/3 Mbps.’’ NTIA observes that Report and Order. We also dismiss as Administration (NTIA), submitted after ‘‘if carriers’ conduct impairs . . . moot Public Knowledge’s companion the Second Report and Order was critical national security and public Motion to Hold in Abeyance (Motion) adopted, raises concerns that Federal safety functions, the Commission retains the same Order pending an appeal that agencies ‘‘are likely to be negatively ‘flexibility to address [agencies’] has now been denied. impacted by the fact that the Order’s circumstances on a case-by-case basis.’ ’’ 8. On June 7, 2018, the Commission discontinuance process does not require More generally, NTIA recognizes the adopted the Second Report and Order, carriers to prove that replacement Second Report and Order’s discussion in which, among other things, it services will provide service of Federal agencies ‘‘as a commitment to established a new, alternative path for substantially similar those being sanction conduct impinging on’’ critical

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agency functions, expressing confidence 13. The Wireline Competition Bureau replacement test are not necessary ‘‘that the Commission will continue to also disagrees with arguments in the under the alternative options test,’’ recognize and address the specific needs Petition that the Commission’s which, unlike the adequate replacement of [F]ederal [G]overnment users during alternative options test and consumer test, requires the existence of at least the IP transition.’’ In particular, NTIA’s comment period for discontinuances are two alternative services. The alternative letter endorses the Commission’s arbitrary, inconsistent with the public options test complements, rather than discussion of Federal agencies in the interest, or unsupported by the record replaces, the adequate replacement test, Second Report and Order, noting that underlying the Second Report and both of which ensure that the public the Commission retains flexibility to Order. The Commission already interest is protected when carriers seek address issues related to national considered, and rejected, these to discontinue legacy voice services that security and public safety raised by arguments in the underlying Order. As are part of a technology transition. As legacy voice service discontinuances on the Commission found in that Order, the the Commission explained in the a case-by-case basis. As Verizon notes, record ‘‘shows strong support for further Second Report and Order, ‘‘[w]here only ‘‘NTIA agreed [with the Commission’s streamlining the section 214(a) one potential replacement service exists, finding that] the [F]ederal [G]overnment discontinuance process for legacy voice a carrier must meet the more rigorous ‘generally is well-positioned to protect services for carriers in the midst of a demands of the adequate replacement its interests through large-scale service technology transition.’’ The Commission test in order to receive streamlined contracts with carriers.’ ’’ While the observed that ‘‘the number of switched treatment of its discontinuance NTIA letter cited in the Petition notes access lines has continued to plummet’’ application. But where there is more that some Federal agencies in remote or since the adequate replacement test was than one facilities-based alternative . . . less populated areas may not enjoy the adopted, ‘‘while the number of we expect customers will benefit from level of competition for interconnected VoIP and mobile voice competition between facilities-based communications services that exists in subscriptions have continued to climb,’’ providers.’’ The Commission went on to other areas of the country, NTIA goes on and concluded that ‘‘providing explain that ‘‘[t]he stand-alone to state that it is ‘‘encouraged’’ by the additional opportunities to streamline interconnected VoIP service option the discontinuance process for legacy Commission’s discussion of Federal required to meet the alternative options voice services, with appropriate agencies’ interests regarding service test embodies managed service quality limitations to protect consumers and the discontinuances in the Second Report and underlying network infrastructure, public interest, [will] allow carriers to and Order. The letter likewise expresses and disabilities access and 911 access more quickly redirect resources to next- confidence that the Commission’s requirements, key components of the generation networks, and the public to procedures for processing service Commission’s 2016 streamlining receive the benefit of those new discontinuances will be sufficient to action.’’ For these reasons, the networks.’’ Based on these findings, the safeguard the interests of Federal Commission explained, ‘‘under either Commission adopted the alternative agencies in maintaining mission critical test, customers will be assured a smooth options test for carriers seeking communications infrastructure. In its transition to a voice replacement service streamlined treatment of applications to that provides capabilities comparable to reply comments in support of its discontinue legacy voice services, while Petition, Public Knowledge seems to legacy TDM-based voice services and, retaining the preexisting adequate often, numerous additional advanced suggest that despite its ‘‘amicable tone’’ replacement test as an option for we should nonetheless read the NTIA capabilities.’’ For this reason, the carriers. Wireline Competition Bureau also letter as constituting an implied 14. We also dismiss Petitioner’s disagrees with Petitioner’s argument opposition to the alternative options test arguments that we must reconsider the that there are ‘‘instances of specific adopted in the Second Report and Second Report and Order because of harm that the Commission appeared to Order. The Wireline Competition perceived deficiencies regarding the purposefully overlook during its 2018 Bureau declines, however, to read into Commission’s broadband maps. rulemaking,’’ citing ‘‘critical functions NTIA’s letter arguments that do not Petitioner offers no support for its like medical device support, fire alarms, appear in its text. And although NTIA speculation that these maps ‘‘would and connecting credit card readers for suggests that the Bureau ‘‘should hold presumably guide [the Commission’s] small businesses’’ and the effects of in abeyance any copper retirement if a analysis regarding whether another [F]ederal user credibly alleges that the stand-alone facilities-based service is natural disasters like hurricanes and carrier’s proposed retirement date does available.’’ Indeed, nothing in the wildfires. As the Commission explained not give the user ‘sufficient time to Second Report and Order suggests that in the Second Report and Order, ‘‘[t]he accommodate the transition to new the Commission’s broadband maps two parts of the alternative options test network facilities,’ ’’ nowhere does would provide the basis for this . . . address commenters’ concerns NTIA argue that the framework adopted determination, and the burden falls on about potentially inadequate mobile in the Second Report and Order ‘‘is the provider seeking discontinuance to wireless replacement services for likely’’ to adversely impact Federal demonstrate the existence of alternative customers requiring service quality agencies, nor does NTIA argue that ‘‘any service options. guarantees and their concerns that replacement test without quantifiable 15. The Petition argues that the vulnerable populations will be unable to performance standards has inherent absence of specific performance metrics use specialized equipment for people shortcomings,’’ as claimed in the in the alternative options test indicates with disabilities, such as TTYs or analog Petition. Copper retirements are subject that the Commission has ‘‘abdicated its captioned telephone devices or will be to the Commission’s section 251 statutory duty to promote the public left without access to 911.’’ network change disclosure rules rather interest.’’ The Wireline Competition 16. The Wireline Competition Bureau than the section 214 discontinuance Bureau disagrees. As Verizon notes in also disagrees with arguments in the rules. Those rules contain objection its opposition, the Petition ‘‘ignores the Petition that we should reconsider the procedures that allow for a limited Commission’s explanation for why the 10-day consumer comment period extension of the proposed copper . . . compliance obligations that it adopted in the Second Report and Order retirement effective date. found necessary for the . . . adequate and ‘‘reinstate the 180-day notice period

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for customers of discontinued services.’’ assessment of competition in the market Federal Communications Commission There has never been a 180-day for telecommunications services. Daniel Kahn, customer notice period for Associate Chief, Wireline Competition B. The Motion To Hold in Abeyance Is discontinuance applications. As Verizon Bureau. Moot notes, Petitioner’s arguments regarding Editorial note: This document was customer notification seem to conflate 18. The Wireline Competition Bureau received for publication by the Office of the copper retirement with service dismisses as moot Public Knowledge’s Federal Register on January 6, 2021. discontinuance. The Second Report and accompanying Motion to hold the [FR Doc. 2021–00287 Filed 2–9–21; 8:45 am] Order provided for a streamlined 10-day Second Report and Order ‘‘in abeyance BILLING CODE 6712–01–P comment period for applications to until pending litigation is resolved.’’ grandfather legacy voice services, which The Motion refers to a challenge in the had previously been subject to the United States Court of Appeals for the DEPARTMENT OF COMMERCE default of 15 days for non-dominant Ninth Circuit of the Commission’s 2017 providers and 30 days for dominant Wireline Infrastructure First Report and National Oceanic and Atmospheric providers. The Commission had Administration Order, which was then pending but has previously adopted streamlined since been dismissed for lack of comment and automatic grant periods 50 CFR Part 622 standing. We note that some for applications to grandfather or to commenters argue that Public [Docket No. 120404257–3325–02] discontinue previously grandfathered Knowledge’s Motion was an improper low-speed legacy voice and data RTID 0648–XA849 motion for a stay, or is procedurally services. In the Second Report and Fisheries of the Caribbean, Gulf of Order, the Commission extended this defective in other ways. We need not Mexico, and South Atlantic; 2021 streamlined treatment to all legacy voice reach determination of these issues, however, as we instead merely dismiss Commercial Longline Closure for services. The Commission explained in South Atlantic Golden Tilefish the Second Report and Order, ‘‘as this accompaniment to the Public existing customers will be entitled to Knowledge Petition as moot. AGENCY: National Marine Fisheries maintain their legacy voice services, 19. This action is taken pursuant to Service (NMFS), National Oceanic and they will not be harmed by the authority delegated by §§ 0.91 and Atmospheric Administration (NOAA), grandfathering applications.’’ It did not, 0.291 of the Commission’s rules, 47 CFR Commerce. however, shorten the comment period 0.91 and 0.291. ACTION: Temporary rule; closure. applicable to non-grandfathering technology transition discontinuance IV. Procedural Matters SUMMARY: NMFS implements an applications. Such applications are still accountability measure for the 20. This document does not contain commercial longline component for subject to the default comment period. new or modified information collection And, while the First Report and Order golden tilefish in the exclusive requirements subject to the Paperwork economic zone (EEZ) of the South revised the Commission’s copper Reduction Act of 1995 (PRA), Public Atlantic. Commercial longline landings retirement rules to ‘‘eliminate the Law 104–13. In addition, therefore, it for golden tilefish are projected to reach requirement of direct notice to retail does not contain any new or modified the longline component’s commercial customers’’ and reduced the copper information collection burden for small quota by February 10, 2021. Therefore, retirement waiting period from 180 to business concerns with fewer than 25 NMFS closes the commercial longline 90 days, these changes did not affect the component of golden tilefish in the requirement or timing within which employees, pursuant to the Small Business Paperwork Relief Act of 2002, South Atlantic EEZ on February 10, consumers receive notice of service 2021, at 12:01 a.m. local time. This discontinuance applications under Public Law 107–198, see 44 U.S.C. 3506(c)(4). closure is necessary to protect the section 214. golden tilefish resource. 21. Contact Person. For further 17. Finally, the Wireline Competition DATES: This temporary rule is effective information about this proceeding, Bureau dismisses the Petition’s from 12:01 a.m. local time on February argument that the Commission ‘‘must please contact Michele Levy Berlove, 10, 2021, until 12:01 a.m. local time on reconsider its belief that market-based Competition Policy Division, Wireline January 1, 2022. Competition Bureau, at (202) 418–1477. incentives are sufficient to ensure that FOR FURTHER INFORMATION CONTACT: carriers provide adequate replacement V. Ordering Clauses Mary Vara, NMFS Southeast Regional services to consumers in the event of a Office, telephone: 727–824–5305, email: service discontinuance.’’ The 22. Accordingly, it is ordered that, [email protected]. Commission has previously considered pursuant to sections 1–4 and 214 of the SUPPLEMENTARY INFORMATION: The and rejected Petitioner’s claims in this Communications Act of 1934, as snapper-grouper fishery of the South regard. Nevertheless, judgments amended, 47 U.S.C. 151–154 and 214, Atlantic includes golden tilefish and is concerning the nature and impact of this Order on Reconsideration is managed under the Fishery market incentives as they relate to adopted. Management Plan for the Snapper- public policy are well within the 23. It is further ordered that the Grouper Fishery of the South Atlantic Commission’s discretion. The rules Petition for Reconsideration filed by Region (FMP). The FMP was prepared adopted in the Second Report and Order by the South Atlantic Fishery Public Knowledge is denied. were based on an extensive record, and Management Council (Council) and is in the absence of any new data or facts, 24. It is further ordered that this Order implemented by NMFS under the the Wireline Competition Bureau rejects on Reconsideration shall be effective 30 authority of the Magnuson-Stevens Petitioner’s request to reconsider those days after publication in the Federal Fishery Conservation and Management rules based solely on the fact that it Register. Act (Magnuson-Stevens Act) by disagrees with the Commission’s regulations at 50 CFR part 622.

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The commercial golden tilefish sector During the commercial longline closure, Pursuant to 5 U.S.C. 553(b)(B), there has two components, each with its own the recreational bag and possession is good cause to waive prior notice and quota: The longline and hook-and-line limits specified in 50 CFR an opportunity for public comment on components (50 CFR 622.190(a)(2)). The 622.187(b)(2)(iii) and (c)(1), this action, as notice and comment is commercial golden tilefish annual catch respectively, apply to all harvest or unnecessary and contrary to the public limit (ACL) is allocated 75 percent to possession of golden tilefish in or from interest. Such procedures are the longline component and 25 percent the South Atlantic EEZ by a vessel with unnecessary because the regulations to the hook-and-line component. The a golden tilefish longline endorsement. associated with the commercial closure total commercial ACL (equivalent to the The sale or purchase of longline- of the golden tilefish longline commercial quota) is 331,740 lb caught golden tilefish taken from the component have already been subject to South Atlantic EEZ is prohibited during (150,475 kg) gutted weight, and the notice and public comment, and all that the commercial longline closure. The longline component quota is 248,805 lb remains is to notify the public of the (112,856 kg) gutted weight. operator of a vessel with a valid Federal Under 50 CFR 622.193(a)(1)(ii), NMFS commercial vessel permit for South commercial component closure. Prior is required to close the commercial Atlantic snapper-grouper and a valid notice and opportunity for public longline component for golden tilefish commercial longline endorsement for comment on this action is contrary to when the longline component’s golden tilefish with golden tilefish on the public interest because of the need commercial quota has been reached or board must have landed and bartered, to immediately implement the is projected to be reached by filing a traded, or sold such golden tilefish prior commercial component closure to notification to that effect with the Office to 12:01 a.m. local time on February 10, protect the South Atlantic golden of the Federal Register. After this 2021. The prohibition on sale or tilefish resource. The capacity of the closure, golden tilefish may not be purchase does not apply to the sale or longline fishing fleet allows for rapid commercially fished or possessed by a purchase of longline-caught golden harvest of the commercial longline vessel with a golden tilefish longline tilefish that were harvested, landed component quota, and any delay in the endorsement. NMFS has determined ashore, and sold prior to 12:01 a.m. commercial closure could result in the that the commercial quota for the golden local time on February 10, 2021, and commercial longline component quota tilefish longline component in the South were held in cold storage by a dealer or being exceeded. Prior notice and Atlantic will be reached by February 10, processor. Additionally, the recreational opportunity for public comment would 2021. Accordingly, the commercial bag and possession limits and the sale require time and would potentially longline component of South Atlantic and purchase prohibitions under the result in a harvest that exceeds the golden tilefish is closed effective at commercial closure apply to a person on commercial quota. 12:01 a.m. local time on February 10, board a vessel with a golden tilefish For the aforementioned reasons, the 2021, and will remain closed until the longline endorsement, regardless of AA also finds good cause to waive the start of the next fishing year on January whether the golden tilefish are 30-day delay in the effectiveness of this 1, 2022. harvested in state or Federal waters, as action under 5 U.S.C. 553(d)(3). During the commercial longline specified in 50 CFR 622.190(c)(1). closure, golden tilefish may still be Authority: 16 U.S.C. 1801 et seq. commercially harvested using hook- Classification Dated: February 5, 2021. and-line gear. However, a vessel with a NMFS issues this action pursuant to golden tilefish longline endorsement is section 305(d) of the Magnuson-Stevens Jennifer M. Wallace, not eligible to fish for or possess golden Act. This action is required by 50 CFR Acting Director, Office of Sustainable tilefish using hook-and-line gear under 622.193(a)(1)(ii), issued pursuant to Fisheries, National Marine Fisheries Service. the hook-and-line commercial trip limit, section 304(b), and is exempt from [FR Doc. 2021–02727 Filed 2–5–21; 4:15 pm] as specified in 50 CFR 622.191(a)(2)(ii). review under Executive Order 12866. BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 86, No. 26

Wednesday, February 10, 2021

This section of the FEDERAL REGISTER docket title for this rulemaking, and efficient, accurate, and secure by using contains notices to the public of the proposed must reference docket number USCBP– facial recognition technology, DHS is issuance of rules and regulations. The 2020–0062. All comments received will proposing to amend the regulations to purpose of these notices is to give interested be posted without change to http:// provide that all aliens may be required persons an opportunity to participate in the www.regulations.gov, including any to be photographed upon entry and/or rule making prior to the adoption of the final rules. personal information provided. For departure. U.S. citizens may voluntarily detailed instructions on submitting opt out of participating in CBP’s comments and additional information biometric verification program. The DEPARTMENT OF HOMELAND on the rulemaking process, see the NPRM also makes other minor SECURITY ‘‘Public Participation’’ heading of the conforming and editorial changes to the SUPPLEMENTARY INFORMATION section of regulations. For more detailed 8 CFR Parts 215 and 235 this document. information on all of the proposed [Docket No. USCBP–2020–0062] Docket: For access to the docket to changes, see the NPRM published on read background documents or November 19, 2020 at 85 FR 74162. RIN 1651–AB12 comments received, go to: https:// Based on the comments received, CBP www.regulations.gov. Due to relevant is re-opening the comment period to Collection of Biometric Data From COVID–19-related restrictions, CBP has allow for additional comments to be Aliens Upon Entry to and Departure temporarily suspended on-site public submitted on the NPRM. Comments From the United States; Re-Opening of inspection of submitted comments. must be received on or before March 12, Comment Period SUPPLEMENTARY INFORMATION: 2021. AGENCY: Dated: February 4, 2021. U.S. Customs and Border Public Participation Protection, Department of Homeland William A. Ferrara, Security. Interested persons are invited to Executive Assistant Commissioner, Office of ACTION: Notice of proposed rulemaking; participate in this rulemaking by Field Operations, U.S. Customs and Border re-opening of comment period. submitting written data, views, or Protection. arguments on the NPRM. Comments [FR Doc. 2021–02699 Filed 2–9–21; 8:45 am] SUMMARY: U.S. Customs and Border that will provide the most assistance to BILLING CODE 9111–14–P Protection (CBP) published a notice of CBP will reference a specific portion of proposed rulemaking (NPRM) in the the NPRM, explain the reason for any Federal Register on November 19, 2020, recommended change, and include data, DEPARTMENT OF THE INTERIOR concerning collection of facial images information, or authority that support and other biometrics from aliens such recommended change. Bureau of Safety and Environmental Enforcement entering and departing the United Background States. Based on comments received on the NPRM, CBP has decided to re-open The Department of Homeland 30 CFR Part 250 the comment period for an additional 30 Security (DHS) is required by statute to days. develop and implement an integrated, Bureau of Ocean Energy Management DATES: The comment period for the automated entry and exit data system to notice of proposed rulemaking match records, including biographic 30 CFR Part 550 published on November 19, 2020 at 85 data and biometrics, of aliens entering and departing the United States. [Docket ID: BSEE–2019–0008, EEEE500000, FR 74162, are reopened. Comments 21XE1700DX, EX1SF0000.EAQ000] must be received on or before March 12, Although the current regulations RIN 1082–AA01 2021. provide that DHS may require certain aliens to provide biometrics when FOR FURTHER INFORMATION CONTACT: entering and departing the United Oil and Gas and Sulfur Operations in Ashley Ortiz, Management and Program States, they only authorize DHS to the Outer Continental Shelf—Revisions Analyst, Office of Field Operations, require certain aliens to provide to the Requirements for Exploratory [email protected] or (202) 412– biometrics upon departure under pilot Drilling on the Arctic Outer Continental 7332. programs at land ports and at up to 15 Shelf; Reopening of Comment Period ADDRESSES: Comments may be airports and seaports. To advance the AGENCY: Bureau of Safety and submitted, identified by docket number legal framework for DHS to begin a Environmental Enforcement (BSEE); USCBP–2020–0062, by the following comprehensive biometric entry-exit Bureau of Ocean Energy Management method: system, DHS is proposing to amend the (BOEM), Department of the Interior. D Federal eRulemaking Portal: http:// regulations to remove the references to ACTION: Proposed rule; extension of www.regulations.gov. Follow the pilot programs and the port limitation to public comment period. instructions for submitting comments. permit collection of biometrics from Due to COVID–19-related restrictions, aliens departing from airports, land SUMMARY: The Department of the CBP has temporarily suspended its ports, seaports, or any other authorized Interior (DOI or Department), acting ability to receive public comments by point of departure. In addition, to through BSEE and BOEM, is reopening mail. enable U.S. Customs and Border the comment period for Proposed Rule: Instructions: All submissions received Protection (CBP) to make the process for Oil and Gas and Sulfur Operations in must include the agency name and verifying the identity of aliens more the Outer Continental Shelf—Revisions

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to the Requirements for Exploratory invasion of your personal privacy. You DEPARTMENT OF HOMELAND Drilling on the Arctic Outer Continental must also briefly describe any possible SECURITY Shelf, which was published in the harmful consequence(s) of the Federal Register on December 9, 2020. disclosure of this information, such as Coast Guard DATES: BSEE and BOEM are reopening embarrassment, injury, or other harm. the comment period for the proposed While you may request in your 33 CFR Part 165 rule published December 9, 2020 at 85 comment that we withhold your [Docket Number USCG–2020–0460] FR 79266 until April 9, 2021. You may personal identifying information from RIN 1625–AA00 also submit comments to the Office of public access, we cannot guarantee that Management and Budget (OMB) on the we will be able to do so. Safety Zone; Cocos Lagoon, Merizo, information collection burden in this GU proposed rule by April 9, 2021. The FOR FURTHER INFORMATION CONTACT: For deadline for comments on the technical questions related to regulatory AGENCY: Coast Guard, DHS. information collection burden does not changes BSEE is proposing in Part 250, ACTION: Notice of proposed rulemaking. affect the deadline for the public to contact Mark E. Fesmire, BSEE, Alaska comment to BSEE and BOEM on the Regional Office, [email protected], SUMMARY: The Coast Guard is proposing proposed regulations. (907) 334–5300. For technical questions to establish a recurring safety zone for ADDRESSES: You may submit comments related to regulatory changes BOEM is navigable waters within Cocos Lagoon. on BSEE’s or BOEM’s sections of the proposing in Part 550, contact Joel This safety zone will encompass the rulemaking by any of the following Immaraj, BOEM, Alaska Regional Office, designated swim course for the Cocos methods. For comments on this [email protected], (907) 334– Crossing swim event in the waters of proposed rule and associated 5238. For procedural questions contact Cocos Lagoon, Merizo, Guam. Race documents, please use the Regulation Bryce Barlan, BSEE, Regulations and participants, chase boats, and organizers Identifier Number (RIN) 1082–AA01 as Standards Branch, [email protected], (703) of the event will be exempt from the an identifier in your message. 787–1126. safety zone. Entry of persons or vessels • Federal eRulemaking Portal: http:// into the safety zone is prohibited unless www.regulations.gov. In the entry SUPPLEMENTARY INFORMATION: On authorized by the Captain of the Port entitled, ‘‘Enter Keyword or ID,’’ enter December 9, 2020, the Department (COTP) Guam. We invite your BSEE–2019–0008, then click search. published the Proposed Rule: Oil and comments on this proposed rulemaking. Follow the instructions to submit public Gas and Sulfur Operations in the Outer DATES: Comments and related material comments and view supporting and Continental Shelf—Revisions to the must be received by the Coast Guard on related materials available for this Requirements for Exploratory Drilling or before March 12, 2021. rulemaking. BSEE and BOEM may post on the Arctic Outer Continental Shelf ADDRESSES: You may submit comments all submitted comments. and opened a 60-day public comment identified by docket number USCG– • Mail or hand-carry comments to the period, which closed February 8, 2021. 2020–0460 using the Federal DOI, BSEE and BOEM: Attention: After publication of the proposed rule, eRulemaking Portal at https:// Regulations and Standards Branch, BSEE and BOEM received requests to www.regulations.gov. See the ‘‘Public 45600 Woodland Road, VAE–ORP, extend the comment period on the Participation and Request for Sterling, VA 20166. Please reference proposed rule for 60 days. BSEE and Comments’’ portion of the RIN 1082–AA01, ‘‘Oil and Gas and BOEM are reopening the comment SUPPLEMENTARY INFORMATION section for Sulfur Operations on the Outer period for an additional 60 days to further instructions on submitting Continental Shelf—Revisions to the provide additional time for review of comments. Requirements for Exploratory Drilling and comment on the Notice of Proposed FOR FURTHER INFORMATION CONTACT: If on the Arctic Outer Continental Shelf,’’ Rulemaking. Accordingly, comments you have questions about this proposed in your comments, and include your must be submitted by the extended due rulemaking, call or email Chief Petty name and return address. date of April 9, 2021. BSEE and BOEM Officer Robert Davis, Sector Guam, U.S. • Send comments on the information may not fully consider comments Coast Guard, by telephone at (671) 355– collection in this rule to: Interior Desk received after this date. 4866, or email at [email protected]. Officer 1082–AA01, Office of SUPPLEMENTARY INFORMATION: Management and Budget; 202–395–5806 Laura Daniel Davis, (fax); or via the online portal at Senior Advisor to the Secretary, Exercising I. Table of Abbreviations RegInfo.gov. Please also send a copy to the Delegated Authority of the Assistant BSEE and BOEM by one of the means CFR Code of Federal Regulations Secretary, Land and Minerals Management, DHS Department of Homeland Security previously described. U.S. Department of the Interior. • FR Federal Register Public Availability of Comments: [FR Doc. 2021–02799 Filed 2–8–21; 4:15 pm] NPRM Notice of proposed rulemaking Before including your address, phone BILLING CODE 4310–VH–P; 4310–MR–P § Section number, email address, or other U.S.C. United States Code personal identifying information in your comment, you should be aware that II. Background, Purpose, and Legal your entire comment—including your Basis personal identifying information—may The Cocos Crossing swim event is a be made publicly available at any time. recurring annual event that occurs on For BSEE and BOEM to withhold from the Sunday before Memorial Day. We disclosure your personal identifying have established safety zones for this information, you must identify any swim event in past years. information contained in your comment The purpose of this rule is to ensure submittal that, if released, would the safety of the participants and the constitute a clearly unwarranted navigable waters in the safety zone

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before, during, and after the scheduled that are independently owned and more Indian tribes, on the relationship swim event. The Coast Guard is operated and are not dominant in their between the Federal Government and proposing this rulemaking under fields, and governmental jurisdictions Indian tribes, or on the distribution of authority in 46 U.S.C. 70034 (previously with populations of less than 50,000. power and responsibilities between the 33 U.S.C. 1231). 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 III. Discussion of Proposed Rule have a significant economic impact on implications for federalism or Indian The Captain of the Port (COTP) is a substantial number of small entities. tribes, please call or email the person proposing to establish a safety zone While some owners or operators of listed in the FOR FURTHER INFORMATION from 6:00 a.m. to 1:00 p.m. annually on vessels intending to transit the safety CONTACT section. the Sunday before Memorial Day unless zone may be small entities, for the delayed for weather for the Cocos reasons stated in section IV.A above, E. Unfunded Mandates Reform Act Crossing swimming event. This safety this proposed rule would not have a The Unfunded Mandates Reform Act zone is necessary to protect all persons significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires and vessels participating in this marine vessel owner or operator. Federal agencies to assess the effects of event from potential safety hazards If you think that your business, their discretionary regulatory actions. In associated with vessel traffic in the area. organization, or governmental particular, the Act addresses actions Race participants, chase boats, and jurisdiction qualifies as a small entity that may result in the expenditure by a organizers of the event will be exempt and that this rule would have a State, local, or tribal government, in the from the safety zone. Entry of persons or significant economic impact on it, aggregate, or by the private sector of vessels into this safety zone is please submit a comment (see $100,000,000 (adjusted for inflation) or prohibited unless authorized by the ADDRESSES) explaining why you think it more in any one year. Though this COTP. The regulatory text we are qualifies and how and to what degree proposed rule would not result in such proposing appears at the end of this this rule would economically affect it. an expenditure, we do discuss the document. Under section 213(a) of the Small effects of this rule elsewhere in this Business Regulatory Enforcement preamble. IV. Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121), F. Environment We developed this proposed rule after we want to assist small entities in considering numerous statutes and understanding this proposed rule. If the We have analyzed this proposed rule Executive orders related to rulemaking. rule would affect your small business, under Department of Homeland Below we summarize our analyses organization, or governmental Security Directive 023–01, Rev. 1, based on a number of these statutes and jurisdiction and you have questions associated implementing instructions, Executive orders, and we discuss First concerning its provisions or options for and Environmental Planning Amendment rights of protestors. compliance, please call or email the COMDTINST 5090.1 (series), which person listed in the FOR FURTHER guide the Coast Guard in complying A. Regulatory Planning and Review INFORMATION CONTACT section. The Coast with the National Environmental Policy Executive Orders 12866 and 13563 Guard will not retaliate against small Act of 1969 (42 U.S.C. 4321–4370f), and direct agencies to assess the costs and entities that question or complain about have made a preliminary determination benefits of available regulatory this proposed rule or any policy or that this action is one of a category of alternatives and, if regulation is action of the Coast Guard. actions that do not individually or necessary, to select regulatory cumulatively have a significant effect on approaches that maximize net benefits. C. Collection of Information the human environment. This proposed This NPRM has not been designated a This proposed rule would not call for rule involves a safety zone lasting ‘‘significant regulatory action,’’ under a new collection of information under approximately 7 hours that would Executive Order 12866. Accordingly, the Paperwork Reduction Act of 1995 prohibit entry within 100-yards for the NPRM has not been reviewed by the (44 U.S.C. 3501–3520). swim participants. Normally such Office of Management and Budget actions are categorically excluded from D. Federalism and Indian Tribal (OMB). further review under paragraph L60(a) This regulatory action determination Governments of Appendix A, Table 1 of DHS is based on the size, location, duration, A rule has implications for federalism Instruction Manual 023–01–001–01, and time-of-day of the safety zone. under Executive Order 13132 Rev. 1. A preliminary Record of Vessel traffic will be able to safely (Federalism), if it has a substantial Environmental Consideration transit around this safety zone, which direct effect on the States, on the supporting this determination is will impact a small designated area of relationship between the National available in the docket. For instructions the Cocos Lagoon for approximately 7 Government and the States, or on the on locating the docket, see the hours. Moreover, the Coast Guard will distribution of power and ADDRESSES section of this preamble. We issue a Broadcast Notice to Mariners via responsibilities among the various seek any comments or information that VHF–FM marine channel 16 about the levels of government. We have analyzed may lead to the discovery of a zone, and the rule would allow vessels this proposed rule under that Order and significant environmental impact from to seek permission to enter the zone. have determined that it is consistent this proposed rule. with the fundamental federalism B. Impact on Small Entities principles and preemption requirements G. Protest Activities The Regulatory Flexibility Act of described in Executive Order 13132. The Coast Guard respects the First 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have Amendment rights of protesters. requires Federal agencies to consider tribal implications under Executive Protesters are asked to call or email the the potential impact of regulations on Order 13175 (Consultation and person listed in the FOR FURTHER small entities during rulemaking. The Coordination with Indian Tribal INFORMATION CONTACT section to term ‘‘small entities’’ comprises small Governments) because it would not coordinate protest activities so that your businesses, not-for-profit organizations have a substantial direct effect on one or message can be received without

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jeopardizing the safety or security of when comments are posted or a final (c) Regulations. (1) In accordance with people, places, or vessels. rule is published. the general regulations in section § 165.23, entry into, transiting, or V. Public Participation and Request for List of Subjects in 33 CFR Part 165 anchoring within this safety zone is Comments Harbors, Marine safety, Navigation prohibited unless authorized by the We view public participation as (water), Reporting and recordkeeping COTP or a designated on-scene essential to effective rulemaking, and requirements, Security measures, representative. will consider all comments and material Waterways. (2) This safety zone is closed to all received during the comment period. For the reasons discussed in the persons and vessel traffic, except as may Your comment can help shape the preamble, the Coast Guard is proposing be permitted by the COTP or a outcome of this rulemaking. If you to amend 33 CFR part 165 as follows: designated on-scene representative. submit a comment, please include the (3) The ‘‘on-scene representative’’ of docket number for this rulemaking, PART 165—REGULATED NAVIGATION the COTP is any Coast Guard indicate the specific section of this AREAS AND LIMITED ACCESS AREAS commissioned, warrant, or petty officer document to which each comment who has been designated by the COTP applies, and provide a reason for each ■ 1. The authority citation for part 165 to act on his or her behalf. suggestion or recommendation. continues to read as follows: (4) Persons and Vessel operators We encourage you to submit Authority: 46 U.S.C. 70034, 70051; 33 CFR desiring to enter or operate within the comments through the Federal 1.05–1, 6.04–1, 6.04–6, and 160.5; safety zone must contact the COTP or an eRulemaking Portal at https:// Department of Homeland Security Delegation on-scene representative to obtain www.regulations.gov. If your material No. 0170.1. permission to do so. The COTP or an on-scene representative may be cannot be submitted using https:// ■ 2. Add § 165.1418 to read as follows: www.regulations.gov, call or email the contacted via VHF Channel 16 or at person in the FOR FURTHER INFORMATION § 165.1418 Safety Zone; Cocos Lagoon, telephone number (671) 355–4821. CONTACT section of this document for Merizo, GU Vessel operators given permission to enter or operate in the safety zone must alternate instructions. (a) Location. The following area, comply with all directions given to We accept anonymous comments. All within the Guam Captain of the Port them by the COTP or an on-scene comments received will be posted (COTP) Zone (See 33 CFR 3.70–15), all representative. without change to https:// navigable waters within a 100-yard (d) Enforcement period. This safety www.regulations.gov and will include radius of race participants in Cocos zone will be enforced on the Sunday any personal information you have Lagoon, Merizo, Guam. Race before Memorial Day from 6:00 a.m. to provided. For more about privacy and participants, chase boats and organizers 1:00 p.m. annually, unless the event is submissions in response to this of the event will be exempt from the delayed or cancelled due to weather. document, see DHS’s eRulemaking safety zone. The Coast Guard will provide advance System of Records notice (85 FR 14226, (b) Definitions. As used in this March 11, 2020). notice of enforcement and a broadcast section, designated representative notice to mariners to inform public of Documents mentioned in this NPRM means a Coast Guard Patrol specific date. as being available in the docket, and all Commander, including a Coast Guard public comments, will be in our online coxswain, petty officer, or other officer Dated: February 4, 2021. docket at https://www.regulations.gov operating a Coast Guard vessel and a Joshua M. Empen, and can be viewed by following that Federal, State, and local officer Commander, U.S. Coast Guard, Acting website’s instructions. Additionally, if designated by or assisting the Captain of Captain of the Port, Guam. you go to the online docket and sign up the Port (COTP) Sector Guam in the [FR Doc. 2021–02751 Filed 2–9–21; 8:45 am] for email alerts, you will be notified enforcement of the safety zone. BILLING CODE 9110–04–P

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Notices Federal Register Vol. 86, No. 26

Wednesday, February 10, 2021

This section of the FEDERAL REGISTER here: https://www.zoomgov.com/ drugs in food, the assessment of contains documents other than rules or meeting/register/vJIscuCqqj4o microbiological quality and safety in proposed rules that are applicable to the EzgWRDWAK93lKD-mNRIX2gw or by food, and the assessment of public. Notices of hearings and investigations, emailing Ms. Heather Selig specifications for food additives, do not committee meetings, agency decisions and ([email protected]) by April 1st, fall within the terms of reference of this rulings, delegations of authority, filing of petitions and applications and agency 2021. Committee; statements of organization and functions are For Further Information about the (e) to elaborate sampling plans and examples of documents appearing in this 41st Session of the CCMAS: Contact the procedures, as may be required; section. U.S. Delegate, Dr. Gregory Noonan, (f) to consider specific sampling and Director, Division of Bioanalytical analysis problems submitted to it by the Chemistry, Center for Food Safety and Commission or any of its Committees; DEPARTMENT OF AGRICULTURE Applied Nutrition, U.S. Food and Drug and Administration, 5001 Campus Drive, (g) to define procedures, protocols, U.S. Codex Office College Park, MD 20740, Phone: (240) guidelines, or related texts for the 402–2250, Fax: (301) 436–2332, Email: assessment of food laboratory Codex Alimentarius Commission: [email protected]. proficiency, as well as quality assurance Meeting of the Codex Committee on For Further Information about the systems for laboratories. Methods of Analysis and Sampling public meeting contact: U.S. Codex The CCMAS is hosted by Hungary. AGENCY: U.S. Codex Office, USDA. Office, 1400 Independence Avenue SW, The United States attends CCMAS as a ACTION: Notice of public meeting and Room 4861, South Agriculture Building, member country of Codex. Washington, DC 20250. Phone (202) request for comments. Issues To Be Discussed at the Public 720–7760, Fax: (202) 720–3157, Email: Meeting SUMMARY: The U.S Codex Office is [email protected]. sponsoring a public meeting on April SUPPLEMENTARY INFORMATION: The following items on the Agenda 13, 2021. The objective of the public for the 41st Session of the CCMAS will meeting is to provide information and Background be discussed during the public meeting: receive public comments on agenda Codex was established in 1963 by two • Matters referred to the Committee by items and draft United States (U.S.) United Nations organizations, the Food the Codex Alimentarius positions to be discussed at the 41st and Agriculture Organization (FAO) and Commission and Other Subsidiary Session of the Codex Committee on the World Health Organization (WHO). Bodies Methods of Analysis and Sampling Through adoption of food standards, • Endorsement of Methods of Analysis (CCMAS) of the Codex Alimentarius codes of practice, and other guidelines Provisions and Sampling Plans in Commission in Budapest, Hungary, May developed by its committees, and by Codex Standards 17–21, 2021. The U.S. Manager for promoting their adoption and Æ Review of Methods of Analysis in Codex Alimentarius and the Acting implementation by governments, Codex Dairy Workable Package Under Secretary for Trade and Foreign seeks to protect the health of consumers Æ Review of Methods of Analysis in Agricultural Affairs (TFAA) recognize and ensure fair practices in the food Fats and Oils Workable Package the importance of providing interested trade. Æ Review of Methods of Analysis in parties the opportunity to obtain The Terms of Reference of the Codex Cereals, Pulses, and Legumes background information on the 41st Committee on Methods of Analysis and Workable Package Session of the CCMAS and to address Sampling (CCMAS) are: • Revision of the Guidelines on items on the agenda. (a) To define the criteria appropriate Measurement Uncertainty DATES: The public meeting is scheduled to Codex Methods of Analysis and • Revision of the General Guidelines on for April 13, 2021 from 1:00 p.m. to 3:00 Sampling; Sampling p.m. EST. (b) to serve as a coordinating body for • Discussion Paper on Criteria to Select ADDRESSES: The public meeting will Codex with other international groups Type II Methods from Multiple take place via Video Teleconference working in methods of analysis and Type III Methods hosted by the U.S. Codex Office. sampling and quality assurance systems • Report of an Inter-Agency Meeting on Documents related to the 41st Session of for laboratories; Methods of Analysis Conference the CCMAS will be accessible via the (c) to specify, on the basis of final Room Document (CRD) internet at the following address: http:// recommendations submitted to it by the • Other Business and Future Work www.fao.org/fao-who- other bodies referred to in (b) above, Public Meeting codexalimentarius/meetings/detail/en/ Reference Methods of Analysis and ?meeting=CCMAS&session=41. Sampling appropriate to Codex At the April 13, 2021 public meeting, Dr. Gregory Noonan, U.S. Delegate to Standards which are generally draft U.S. positions on the agenda items the 41st Session of the CCMAS, invites applicable to a number of foods; will be discussed, and attendees will U.S. interested parties to submit their (d) to consider, amend, if necessary, have the opportunity to pose questions comments electronically to the and endorse, as appropriate, methods of and offer comments. Written comments following email address: analysis and sampling proposed by may be offered at the meeting or sent to [email protected]. Codex (Commodity) Committees, except Dr. Gregory Noonan, U.S. Delegate for Registration: Attendees may register that methods of analysis and sampling the 41st Session of the CCMAS (see to attend the virtual public meeting for residues of pesticides or veterinary ADDRESSES). Written comments should

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state that they relate to the activities of DEPARTMENT OF AGRICULTURE For Further Information about the the 41st Session of the CCMAS. Public Meeting Contact: U.S. Codex U.S. Codex Office Office, 1400 Independence Avenue SW, Additional Public Notification Room 4861, South Agriculture Building, Codex Alimentarius Commission: Public awareness of all segments of Washington, DC 20250, Phone: 202– Meeting of the Codex Committee on 720–7760, Fax: 202–720–3157, Email: rulemaking and policy development is Spices and Culinary Herbs important. Consequently, the U.S. [email protected]. Codex Office will announce this Federal AGENCY: U.S. Codex Office, USDA. SUPPLEMENTARY INFORMATION: Register publication on-line through the ACTION: Notice of public meeting and Background USDA web page located at: http:// request for comments. Codex was established in 1963 by two www.usda.gov/codex/, a link that also SUMMARY: The U.S Codex Office is United Nations organizations, the Food offers an email subscription service sponsoring a public meeting on March and Agriculture Organization (FAO) and providing access to information related 29, 2021. The objective of the public the World Health Organization (WHO). to Codex. Customers can modify their meeting is to provide information and Through adoption of food standards, subscriptions and have the option to receive public comments on agenda codes of practice, and other guidelines password protect their accounts. items and draft United States (U.S.) developed by its committees, and by USDA Non-Discrimination Statement positions to be discussed at the 5th promoting their adoption and Session of the Codex Committee on implementation by governments, Codex No agency, officer, or employee of the Spices and Culinary Herbs (CCSCH) of seeks to protect the health of consumers USDA shall, on the grounds of race, the Codex Alimentarius Commission, and ensure fair practices in the food color, national origin, religion, sex, which will convene virtually April 26– trade. gender identity, sexual orientation, 30, 2021. The U.S. Manager for Codex The Terms of Reference of the Codex disability, age, marital status, family/ Alimentarius and the Acting Under Committee on Spices and Culinary parental status, income derived from a Secretary for Trade and Foreign Herbs (CCSCH) are: public assistance program, or political Agricultural Affairs recognize the (a) To elaborate worldwide standards beliefs, exclude from participation in, importance of providing interested for spices and culinary herbs in their deny the benefits of, or subject to parties the opportunity to obtain dried and dehydrated state in whole, discrimination any person in the United background information on the 5th ground, and cracked or crushed form; States under any program or activity Session of the CCSCH and to address and items on the agenda. conducted by the USDA. (b) To consult, as necessary, with DATES: The public meeting is scheduled other international organizations in the How To File a Complaint of for March 29, 2021 from 1:00 p.m. to standards development process to avoid Discrimination 3:00 p.m. EST. duplication. ADDRESSES: The public meeting will The CCSCH is hosted by India. The To file a complaint of discrimination, take place via Video Teleconference United States attends CCSCH as a complete the USDA Program hosted by the U.S. Codex Office. member country of Codex. Discrimination Complaint Form, which Documents related to the 5th Session of may be accessed online at http:// Issues To Be Discussed at the Public the CCSCH will be accessible via the Meeting www.ocio.usda.gov/sites/default/files/ internet at the following address: http:// _ _ _ _ docs/2012/Complain combined 6 8 www.fao.org/fao-who- The following items on the Agenda 12.pdf, or write a letter signed by you codexalimentarius/meetings/detail/en/ for the 5th Session of the CCSCH will or your authorized representative. Send ?meeting=CCSCH&session=5. be discussed during the public meeting: your completed complaint form or letter Mr. Dorian A. LaFond, U.S. Delegate • Matters Referred by the Codex to USDA by mail, fax, or email. to the 5th Session of the CCSCH, invites Alimentarius Commission and its Mail: U.S. Department of Agriculture, U.S. interested parties to submit their Subsidiary Bodies comments electronically to the • Dried Oregano Director, Office of Adjudication, 1400 • Independence Avenue SW, Washington, following email address: dorian.lafond@ Draft Standard for Dried Oregano • Dried Roots, Rhizomes, and Bulbs DC 20250–9410. usda.gov. Registration: Attendees may register • Draft Standard for Dried or Fax: (202) 690–7442, Email: to attend the virtual public meeting Dehydrated Ginger [email protected]. here: https://www.zoomgov.com/ • Dried Floral Parts Persons with disabilities who require meeting/register/vJIsce2grDIjHgR59gdd1 • Draft Standard for Dried Cloves alternative means for communication YczP24oxfgwbvQ or by emailing Ms. • Draft Standard for Saffron • (braille, large print, audiotape, etc.) Heather Selig ([email protected]) Dried Herbs • should contact USDA’s TARGET Center by March 15, 2021. Draft Standard for Dried Basil • at (202) 720–2600 (voice and TDD). For Further Information about the 5th Dried Fruits and Berries Session of the CCSCH, contact the U.S. • Proposed Draft Standard for Dried Done at Washington, DC, on February 3, Delegate, Mr. Dorian A. LaFond, Chilli Peppers and Paprika 2021. International Standards Coordinator for • Dried Seeds Mary Lowe, the Agricultural Marketing Service • Proposed Draft Standard for Dried U.S. Manager for Codex Alimentarius. Specialty Crops Program, Specialty Nutmeg [FR Doc. 2021–02703 Filed 2–9–21; 8:45 am] Crops Inspection Division at Stop 0247, • New Work and Layout for SCH BILLING CODE P 1400 Independence Avenue SW, Standards Washington, DC 20250–0247, Tel: 202– • Consideration of the Proposals for 690–4944, Cell: 202–577–5583, Fax: New Work 202–720–0016 or Email: dorian.lafond@ • Update to the Template for SCH usda.gov. Standards

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• Other Business Related to CCSCH Done at Washington, DC, on February 3, usccr.gov by Monday, February 15, 2021 2021. indicating ‘‘accommodations’’ in the Public Meeting Mary Lowe, subject line. U.S. Manager for Codex Alimentarius. At the March 29, 2021 public meeting, Briefing Agenda for The Civil Rights the draft U.S. positions on the agenda [FR Doc. 2021–02701 Filed 2–9–21; 8:45 am] Implications of Cash Bail: 10:00 a.m.– items will be described and discussed, BILLING CODE P 1:40 p.m. All Times Eastern Time and attendees will have the opportunity to pose questions and offer comments. I. Introductory Remarks: 10:00–10:05 a.m. Written comments may be offered at the COMMISSION ON CIVIL RIGHTS II. Panel 1: Foundations: 10:05–11:05 a.m. meeting or sent to Mr. Dorian A. III. Break: 11:05–11:20 a.m. Sunshine Act Meeting Notice IV. Panel 2: Criminal Justice Stakeholders: LaFond, U.S. Delegate for the 5th 11:20 a.m.–12:20 p.m. Session of the CCSCH (see ADDRESSES). AGENCY: United States Commission on V. Break: 12:20–12:35 p.m. Written comments should state that they Civil Rights. VI. Panel 3: Reforms: 12:35–1:40 p.m. relate to the activities of the 5th Session VII. Closing Remarks: 1:25–1:30 p.m. of the CCSCH. ACTION: Notice of Commission public VI. Adjourn Meeting briefing, The Civil Rights Implications of Additional Public Notification **Public Comments will be accepted Cash Bail, notice of Commission through written testimony. business meeting, and call for public Public awareness of all segments of Schedule is subject to change. comments. rulemaking and policy development is Call for Public Comments important. Consequently, the U.S. DATES: Friday, February 26, 2021, 10:00 In addition to the testimony collected Codex Office will announce this Federal a.m. ET. Register publication on-line through the on Friday, February 26, 2021, via virtual ADDRESSES: USDA web page located at: http:// Virtual Briefing and briefing, the Commission welcomes the www.usda.gov/codex/, a link that also Business Meeting. submission of material for consideration offers an email subscription service that FOR FURTHER INFORMATION CONTACT: as we prepare our report. Please submit provides access to information related to Angelia Rorison (202) 376–8359; TTY: such information to bailreform@ Codex. Customers can modify their (202) 376–8116; publicaffairs@ usccr.gov no later than March 26, 2021, subscriptions and have the option to usccr.gov. or by mail to OCRE/Public Comments, ATTN: Bail Reform, U.S. Commission password protect their accounts. SUPPLEMENTARY INFORMATION: On Friday, on Civil Rights, 1331 Pennsylvania Ave. February 26, 2021, at 10:00 a.m. Eastern USDA Non-Discrimination Statement NW, Suite 1150, Washington, DC 20425. Time, the U.S. Commission on Civil The Commission encourages the use of Rights will hold a virtual briefing No agency, officer, or employee of the email to provide public comments due regarding the state of bail and pretrial USDA shall, on the grounds of race, to the current COVID–19 pandemic. color, national origin, religion, sex, detention practices, including the gender identity, sexual orientation, involvement of the private bail industry, Dated: February 8, 2021. disability, age, marital status, family/ various mechanisms for reform, and the Angelia Rorison, parental status, income derived from a potential regulatory role of the federal Media and Communications Director, U.S. public assistance program, or political government. The briefing will examine Commission on Civil Rights. beliefs, exclude from participation in, how cash bail impacts the fair [FR Doc. 2021–02819 Filed 2–8–21; 11:15 am] deny the benefits of, or subject to administration of justice and whether it BILLING CODE 6335–01–P discrimination any person in the United operates in a manner that denies equal States under any program or activity protection of the law to individuals on conducted by the USDA. the basis of race or another protected DEPARTMENT OF COMMERCE class. At this public briefing, How To File a Complaint of Commissioners will hear from subject International Trade Administration Discrimination matter experts such as government [A 533–810] To file a complaint of discrimination, officials, academics, law enforcement complete the USDA Program professionals, advocates, and impacted Stainless Steel Bar From India: Notice Discrimination Complaint Form, which persons. of Court Decision Not in Harmony With may be accessed online at http:// This briefing is open to the public via Final Results of Changed www.ocio.usda.gov/sites/default/files/ Weblink. The event will live-stream at Circumstances Review of the docs/2012/Complain_combined_6_8_ https://www.youtube.com/user/USCCR/ Antidumping Duty Order and Notice of 12.pdf, or write a letter signed by you videos. (Streaming information subject Amended Final Results of Review or your authorized representative. Send to change.) Public participation is AGENCY: your completed complaint form or letter available for the event with view access, Enforcement and Compliance, to USDA by mail, fax, or email. along with an audio option for listening. International Trade Administration, Computer assisted real-time Department of Commerce. Mail: U.S. Department of Agriculture, transcription (CART) will be provided. SUMMARY: On January 28, 2021, the U.S. Director, Office of Adjudication, 1400 The web link to access CART (in Court of International Trade (the Court) Independence Avenue SW, Washington, English) on Friday, February 26, 2021, entered final judgment sustaining the DC 20250–9410. is https://www.streamtext.net/ final results of remand redetermination Fax: (202) 690–7442, Email: player?event=USCCR. Please note that pursuant to court order by the U.S. [email protected]. CART is text-only translation that Department of Commerce (Commerce) Persons with disabilities who require occurs in real time during the meeting pertaining to the changed circumstances alternative means for communication and is not an exact transcript. review of the antidumping duty (AD) (braille, large print, audiotape, etc.) To request additional order on stainless steel bar (SSB) from should contact USDA’s TARGET Center accommodations, persons with India. Commerce is notifying the public at (202) 720–2600 (voice and TDD). disabilities should email access@ that the final judgment in this case is

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not in harmony with Commerce’s final 2020,7 Commerce provided the Venus for the period July 1, 2015 results in the changed circumstances explanation sought by the Court.8 through June 30, 2016 is as follows: 14 review of SSB from India, and that On August 14, 2020, the Court Commerce is amending the final results. sustained Commerce’s use of the NWR Weighted- Test but the Court determined that average DATES: Applicable February 7, 2021. Exporter or producer dumping Commerce’s use of AFA with respect to margin FOR FURTHER INFORMATION CONTACT: Venus to be unsupported by substantial (percent) Thomas Schauer, AD/CVD Operations, evidence and remanded the Final Office I, Enforcement and Compliance, Results a second time.9 In its second Venus ...... 0.64 International Trade Administration, remand redetermination, issued in Because the revised antidumping duty U.S. Department of Commerce, 1401 November 2020, Commerce explained that, although it continues to believe margin for Venus remains above de Constitution Avenue NW, Washington, minimis, Venus will remain reinstated DC 20230; telephone: (202) 482–0410. that the use of AFA is appropriate for Venus, it was complying with the in the AD order on SSB from India.15 SUPPLEMENTARY INFORMATION: Court’s opinion by calculating a margin Amended Cash Deposit Rates for Venus without the use of AFA under Background respectful protest.10 The Court Because Venus has been subject to a subsequent administrative review which On April 20, 2018, Commerce sustained the Second Remand Redetermination in full.11 established a revised cash deposit rate published its final results of the for Venus,16 Commerce will not issue changed circumstances review of SSB Timken Notice revised cash deposit instructions to U.S. from India.1 In the Final Results, we In its decision in Timken,12 as Customs and Border Protection. determined that Venus Wire Industries clarified by Diamond Sawblades,13 the Pvt. Ltd. and its affiliates Precision Notification to Interested Parties Court of Appeals for the Federal Circuit Metals, Sieves Manufacturers (India) held that, pursuant to section 516A(c) of This notice is issued and published in Pvt. Ltd., and Hindustan Inox Ltd. the Tariff Act of 1930, as amended (the accordance with sections 516A(e)(1), (collectively, Venus) is not the Act), Commerce must publish a notice 751(b), and 777(i)(1) of the Act. manufacturer of the stainless steel bar of court decision that is not ‘‘in Dated: February 3, 2021. (SSB) that it purchased from unaffiliated harmony’’ with a Commerce James Maeder, suppliers and processed in India prior determination and must suspend Deputy Assistant Secretary for Antidumping to exportation to the United States.2 liquidation of entries pending a and Countervailing Duty Operations. Because most of the unaffiliated ‘‘conclusive’’ court decision. The [FR Doc. 2021–02725 Filed 2–9–21; 8:45 am] suppliers did not provide their costs, we Court’s January 28, 2021, judgment BILLING CODE 3510–DS–P applied total adverse facts available constitutes a final decision of that court (AFA) with respect to Venus.3 that is not in harmony with Commerce’s On December 20, 2019, the Court Final Results. This notice is published DEPARTMENT OF COMMERCE in fulfillment of the publication remanded aspects of the Final Results to International Trade Administration Commerce for further consideration.4 requirements of Timken. Accordingly, The Court remanded Commerce’s Commerce will continue suspension of [A–583–869] determination in order to explain or liquidation of subject merchandise pending expiration of the period of Passenger Vehicle and Light Truck reconsider its use of the NWR Test over appeal or, if appealed, pending a final Tires From Taiwan: Amended the substantial transformation test.5 In and conclusive court decision. Preliminary Determination of Sales at this decision, the Court deferred Less Than Fair Value consideration of Venus’ arguments Amended Final Results regarding ‘‘Commerce’s use of total AFA Because there is now a final court AGENCY: Enforcement and Compliance, pending Commerce’s redetermination decision, Commerce is amending the International Trade Administration, on remand.’’ 6 In its First Remand Final Results with respect to Venus. The Department of Commerce. Redetermination, issued in March revised antidumping duty margin for SUMMARY: On January 6, 2021, the Department of Commerce (Commerce) 1 See Stainless Steel Bar from India: Final Results 7 See Venus Wire Industries Pvt. Ltd. v. United published its preliminary determination of Changed Circumstances Review and States, Court No. 18–00113, Slip Op. 19–170, in the less-than-fair-value investigation Reinstatement of Certain Companies in the ‘‘Results of Redetermination Pursuant to Court of passenger vehicle and light truck Remand,’’ dated March 31, 2020 (First Remand Antidumping Duty Order, 83 FR 17529 (April 20, Redetermination). (PVLT) tires from Taiwan in the Federal 2018) (Final Results), and accompanying Issues and 8 Id. at 44. Register. Commerce is amending this Decision Memorandum (IDM). 9 See Venus Wire Industries Pvt. Ltd. v. United preliminary determination to correct a 2 See Final Results IDM at Comment 1. States, Court No. 18–00113, Slip Op. 20–118 significant ministerial error. 3 Id. (August 14, 2020). DATES: Applicable February 10, 2021. 4 See Venus Wire Industries Pvt. Ltd. v. United 10 See Venus Wire Industries Pvt. Ltd. v. United States, Court No. 18–00113, Slip Op. 19–170 States, Court No. 18–00113, Slip Op. 20–118, FOR FURTHER INFORMATION CONTACT: (December 20, 2019) (Venus Wire I). ‘‘Results of Redetermination Pursuant to Court Chien-Min Yang or Lauren Caserta, AD/ Remand,’’ dated November 9, 2020 (Second 5 Id., at 15–21. The ‘‘NWR Test’’ refers to the CVD Operations, Enforcement and Remand Redetermination). analysis we used to determine whether a 11 See Venus Wire Industries Pvt. Ltd. v. United Compliance, International Trade respondent was the producer of subject States, Court No. 18–00113, Slip Op. 21–9 (January merchandise in Notice of Final Determination of 28, 2021). 14 See Second Remand Redetermination at 10. Sales at Less Than Fair Value: Narrow Woven 12 See Timken Co. v. United States, 893 F.2d 337 15 Id. at 15. Ribbons with Woven Selvedge from Taiwan, 75 FR (Fed. Cir. 1990) (Timken). 16 See, e.g., Stainless Steel Bar from India: Final 41804 (July 19, 2010), and accompanying IDM at 13 See Diamond Sawblades Mfrs. Coalition v. Results of Antidumping Duty Administrative Comment 20. United States, 626 F.3d 1374 (Fed. Cir. 2010) Review; 2018–2019, 85 FR 74985 (November 24, 6 See Venus Wire I, Slip. Op. 19–170 at 22. (Diamond Sawblades). 2020).

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Administration, Department of other arithmetic function clerical error significant because its correction results Commerce, 1401 Constitution Avenue resulting from inaccurate copying, in a change of at least five absolute NW, Washington, DC 20230; telephone: duplication, or the like, and any other percentage points in, but not less than (202) 482–5484 or (202) 482–4737, similar type of unintentional error 25 percent of, the estimated weighted- respectively. which the Secretary considers average dumping margin calculated in SUPPLEMENTARY INFORMATION: ministerial.’’ A significant ministerial the Preliminary Determination (i.e., a error is defined as a ministerial error, change from an estimated weighted- Background the correction of which, singly or in average dumping margin of 52.42 On January 6, 2021, Commerce combination with other errors, would percent to 30.21 percent). Therefore, we published in the Federal Register the result in: (1) A change of at least five are correcting the ministerial error and Preliminary Determination in the less- absolute percentage points in, but not amending our Preliminary than-fair-value investigation of PVLT less than 25 percent of, the weighted- Determination accordingly.11 average dumping margin calculated in tires from Taiwan.1 Commerce disclosed Amended Preliminary Determination all calculations to interested parties on the original preliminary determination; December 30, 2020. On January 5, 2021, or (2) a difference between a weighted- We are amending the Preliminary the United Steel, Paper and Forestry, average dumping margin of zero or de Determination to reflect the correction Rubber Manufacturing, Energy, Allied minimis and a weighted-average of a significant ministerial error made in Industrial and Service Workers dumping margin of greater than de the margin calculation for Cheng Shin 5 International Union (the petitioner) filed minimis or vice versa. in accordance with 19 CFR 351.224(e). In addition, because the preliminary all- timely ministerial error allegations Ministerial Error Allegations concerning the Preliminary others rate was based on the estimated The petitioner timely alleged that weighted-average dumping margin Determination for respondents Nankang Commerce made a ministerial error Rubber Tire Corp. Ltd. (Nankang) and calculated for Cheng Shin, we are also involving one of Nankang’s programs amending the all-others rate. As a result Cheng Shin Rubber Ind. Co. Ltd. (Cheng but noted that the error was not Shin).2 Commerce also received of the correction of the ministerial error, significant.6 For Cheng Shin, the the revised estimated weighted-average ministerial comments filed on behalf of petitioner alleged that Commerce made 3 4 dumping margins are as follows: Nankang and Cheng Shin. significant ministerial errors regarding Period of Investigation Cheng Shin’s arm’s-length test results Estimated and inclusion of Channel 3 sales in the weighted- The period of investigation is April 1, home market sales database.7 Nankang average 2019, through March 31, 2020. Exporter/producer dumping alleged that Commerce committed a margin Scope of the Investigation ministerial error by failing to use a (percent) The product covered by this home market of ‘‘viable’’ size as the 8 Cheng Shin Rubber Ind. Co. investigation is PVLT tires from Taiwan. basis for normal value. Finally, Cheng Shin alleged that Commerce failed to Ltd ...... 33.33 For a complete description of the scope All Others ...... 84.83 of the investigation, see the Appendix. exclude certain ‘‘out-of-scope’’ sales in the dumping margin calculation, did not Significant Ministerial Error match similar CONNUMs based on Amended Cash Deposits and Suspension of Liquidation In accordance with 19 CFR similarity of product characteristics, did 351.224(e), Commerce ‘‘will analyze any not exclude Channel 3 sales from the The collection of cash deposits and comments received and, if appropriate, home market sales database, and failed suspension of liquidation will be correct any significant ministerial error to deduct certain selling prices in Cheng revised according to the rates 9 by amending the preliminary Shin’s margin calculation. After established in this amended preliminary determination . . . .’’ A ministerial analyzing these allegations, we determination, in accordance with error is defined in 19 CFR 351.224(f) as determine that we made a significant section 773(d) of the Tariff Act of 1930, ‘‘an error in addition, subtraction, or ministerial error in the Preliminary as amended (the Act). Because these Determination with respect to the sales amended rates result in reduced cash 10 1 See Passenger Vehicle and Light Truck Tires used to calculate Cheng Shin’s margin. deposit rates, they will be effective from Taiwan: Preliminary Affirmative For a detailed discussion of the retroactively to January 6, 2021, the date Determination of Sales at Less Than Fair Value, aforementioned ministerial error of publication of the Preliminary Postponement of Final Determination, and allegations, as well as Commerce’s Determination. Extension of Provisional Measures, 86 FR 508 analysis of these comments, see the (January 6, 2021) (Preliminary Determination). International Trade Commission 2 See Petitioner’s Letters, ‘‘Passenger Vehicle and Ministerial Error Memorandum. Light Truck Tires from the Republic of Taiwan: Pursuant to 19 CFR 351.224(g)(1), Notification Ministerial Error Comments—Nankang Preliminary Commerce’s error in the application of In accordance with section 773(f) of Margin,’’ dated January 5, 2021 (Petitioner’s the arm’s-length test for Cheng Shin is the Act, we intend to notify the Nankang Ministerial Allegations) and ‘‘Passenger Vehicle and Light Truck Tires from the Republic of International Trade Commission of our 5 Taiwan: Ministerial Error Comments—Cheng Shin See 19 CFR 351.224(g)(1) and (2). amended preliminary determination. Preliminary Margin,’’ dated January 5, 2021 6 See Petitioner’s Nankang Ministerial Allegations (Petitioner’s Cheng Shin Ministerial Allegations). at 2. Disclosure 3 7 See Petitioner’s Cheng Shin Ministerial See Nankang’s Letter, ‘‘Antidumping We intend to disclose the calculations Investigation of Passenger Vehicle and Light Truck Allegations at 2–3. Tires from Taiwan—Comments on Ministerial Error 8 See Nankang Ministerial Allegations at 1–4. performed to parties in this proceeding in Preliminary Determination,’’ dated January 5, 9 See Cheng Shin Ministerial Allegations at 2–9. within five days after public 2021 (Nankang Ministerial Allegations). 10 See Memorandum, ‘‘Antidumping Duty announcement of the amended 4 See Cheng Shin’s Letter, ‘‘Passenger Vehicle and Investigation of Passenger Vehicle and Light Truck preliminary determination, in Light Truck Tires from Taiwan: Cheng Shin Rubber Tires from Taiwan: Allegations of Significant Ind. Co. Ltd., Significant Ministerial Error Ministerial Errors in the Preliminary accordance with 19 CFR 351.224. Comments,’’ dated January 5, 2021 (Cheng Shin Determination,’’ dated January 29, 2021 (Ministerial Ministerial Allegations). Error Memorandum). 11 See Ministerial Error Memorandum.

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Notification to Interested Parties now February 3, 2021.2 For a complete Initiation Notice. See the revised scope This amended preliminary description of the events that followed in Appendix I to this notice. determination is issued and published the initiation of this investigation, see The deadline to submit scope case in accordance with sections 773(f) and the Preliminary Decision briefs was established in the 3 777(i) of the Act, and 19 CFR 351.224(e). Memorandum. A list of topics included Preliminary Scope Decision in the Preliminary Decision Memorandum.6 There will be no further Dated: February 3, 2021. Memorandum is included as Appendix opportunity for comments on scope- James Maeder, II to this notice. The Preliminary related issues. Deputy Assistant Secretary for Antidumping Decision Memorandum is a public and Countervailing Duty Operations. document and is made available to the Methodology [FR Doc. 2021–02726 Filed 2–9–21; 8:45 am] public via Enforcement and BILLING CODE 3510–DS–P Compliance’s Antidumping and Commerce is conducting this Countervailing Duty Centralized investigation in accordance with section Electronic Service System (ACCESS). 731 of the Act. Commerce has DEPARTMENT OF COMMERCE ACCESS is available to registered users calculated export price in accordance with section 772 of the Act. Commerce International Trade Administration at https://access.trade.gov. In addition, a complete version of the Preliminary has calculated normal value in [A–580–909] Decision Memorandum can be accessed accordance with section 773 of the Act. directly at http://enforcement.trade.gov/ For a full description of the Seamless Carbon and Alloy Steel frn/. The signed and the electronic methodology underlying our Standard, Line, and Pressure Pipe versions of the Preliminary Decision preliminary determination, see the From the Republic of Korea: Memorandum are identical in content. Preliminary Decision Memorandum. Preliminary Affirmative Determination of Sales at Less Than Fair Value, Scope of the Investigation All-Others Rate Postponement of Final Determination, and Extension of Provisional Measures The products covered by this Sections 733(d)(1)(ii) and 735(c)(5)(A) investigation are seamless pipe from of the Act provide that, in the AGENCY: Enforcement and Compliance, Korea. For a complete description of the preliminary determination, Commerce International Trade Administration, scope of this investigation, see shall determine an estimated all-others Department of Commerce. Appendix I. rate for all exporters and producers not SUMMARY: The Department of Commerce Scope Comments individually examined. This rate shall (Commerce) preliminarily determines be an amount equal to the weighted that seamless carbon and alloy steel In accordance with the preamble to average of the estimated weighted- standard, line, and pressure pipe Commerce’s regulations, the Initiation average dumping margins established (seamless pipe) from the Republic of Notice set aside a period of time for for exporters and producers Korea (Korea) is being, or is likely to be, parties to raise issues regarding product individually investigated, excluding any sold in the United States at less than fair coverage (i.e., scope). Certain interested zero and de minimis margins, and any value (LTFV). The period of parties commented on the scope of the margins determined entirely under investigation is July 1, 2019, through investigation as it appeared in the section 776 of the Act. June 30, 2020. Interested parties are Initiation Notice.4 For a summary of the Commerce calculated an individual invited to comment on this preliminary product coverage comments and estimated weighted-average dumping determination. rebuttal responses submitted to the margin for ILJIN, the only individually DATES: Applicable February 10, 2021. record for this preliminary examined exporter/producer in this FOR FURTHER INFORMATION CONTACT: determination, and accompanying investigation. Because the only Joshua DeMoss, AD/CVD Operations discussion and analysis of all comments individually calculated dumping margin Office VI, Enforcement and Compliance, timely received, see the Preliminary is not zero, de minimis, or based International Trade Administration, Scope Decision Memorandum.5 entirely on facts otherwise available, the U.S. Department of Commerce, 1401 Commerce is preliminarily modifying Constitution Avenue NW, Washington, the scope language as it appeared in the estimated weighted-average dumping DC 20230, telephone: (202) 482–3362. margin calculated for ILJIN is the 2 margin preliminarily assigned to all SUPPLEMENTARY INFORMATION: See Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Republic of Korea, other producers and exporters, pursuant Background the Russian Federation, and Ukraine: to section 735(c)(5)(A) of the Act. Postponement of Preliminary Determinations in the This preliminary determination is Less-Than-Fair-Value Investigations, 85 FR 73687 Preliminary Determination made in accordance with section 733(b) (November 19, 2020). of the Tariff Act of 1930, as amended 3 See Memorandum, ‘‘Decision Memorandum for Commerce preliminarily determines the Preliminary Affirmative Determination in the (the Act). Commerce published the Less-Than-Fair-Value Investigation of Seamless that the following estimated weighted- notice of initiation of this investigation Carbon and Alloy Steel Standard, Line, and average dumping margins exist: on August 4, 2020.1 On November 19, Pressure Pipe from the Republic of Korea,’’ dated 2020, Commerce postponed the concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 6 Case briefs, other written comments, and preliminary determination of this 4 See Initiation Notice. rebuttal briefs submitted in response to this investigation and the revised deadline is 5 See Memorandum, ‘‘Antidumping and preliminary LTFV determination should not Countervailing Duty Investigations of Seamless include scope-related issues. See Preliminary Scope 1 See Seamless Carbon and Alloy Steel Standard, Carbon and Alloy Steel Standard, Line, and Line, and Pressure Pipe from the Czech Republic, Pressure Pipe from the Czech Republic, the Decision Memorandum; and ‘‘Public Comment’’ the Republic of Korea, the Russian Federation, and Republic of Korea, the Russian Federation, and section of this notice. The deadline for case briefs Ukraine: Initiation of Less-Than-Fair-Value Ukraine: Preliminary Scope Decision on scope-related issues is no later than 30 days after Investigations, 85 FR 47176 (August 4, 2020) Memorandum,’’ dated January 13, 2021 the issuance of Preliminary Scope Decision (Initiation Notice). (Preliminary Scope Decision Memorandum). Memorandum.

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Estimated intend to verify the information relied exports of the subject merchandise, or in weighted- upon in making the final determination the event of a negative preliminary average through alternative means in lieu of an determination, a request for such Exporter/producer dumping margin on-site verification. postponement is made by the petitioner. (percent) Public Comment Section 351.210(e)(2) of Commerce’s regulations requires that a request by the ILJIN Steel Corporation ...... 4.52 Case briefs or other written comments exporters for postponement of the final All Others ...... 4.52 on non-scope issues may be submitted determination be accompanied by a to the Assistant Secretary for request for extension of provisional Suspension of Liquidation Enforcement and Compliance. A measures from a four-month period to a timeline for the submission of case In accordance with section 733(d)(2) period not more than six months in briefs and written comments will be of the Act, Commerce will direct U.S. duration. Customs and Border Protection (CBP) to provided to interested parties at a later suspend liquidation of entries of subject date. Rebuttal briefs, limited to issues On January 8, 2021, pursuant to 19 merchandise, as described in Appendix raised in the case briefs, may be CFR 351.210(e), ILJIN requested that I, entered, or withdrawn from submitted no later than seven days after Commerce postpone the final warehouse, for consumption on or after the deadline date for case briefs.7 Note determination and that provisional the date of publication of this notice in that Commerce has modified certain of measures be extended to a period not to the Federal Register. its requirements for serving documents exceed six months.9 In accordance with Further, pursuant to section containing business proprietary section 735(a)(2)(A) of the Act and 19 733(d)(1)(B) of the Act and 19 CFR information until further notice.8 CFR 351.210(b)(2)(ii), because: (1) The 351.205(d), Commerce will instruct CBP Pursuant to 19 CFR 351.309(c)(2) and preliminary determination is to require a cash deposit for estimated (d)(2), parties who submit case briefs or affirmative; (2) the requesting exporter antidumping duties equal to the rebuttal briefs in this investigation are accounts for a significant proportion of estimated weighted-average dumping encouraged to submit with each exports of the subject merchandise; and margin or the estimated all-others rate, argument: (1) A statement of the issue; (3) no compelling reasons for denial as follows: (1) The cash deposit rate for (2) a brief summary of the argument; exist, Commerce is postponing the final the respondent listed above will be and (3) a table of authorities. determination and extending the equal to the company-specific estimated Pursuant to 19 CFR 351.310(c), provisional measures from a four-month weighted-average dumping margin interested parties who wish to request a period to a period not greater than six determined in this preliminary hearing, limited to issues raised in the months. Accordingly, Commerce will determination; (2) if the exporter is not case and rebuttal briefs, must submit a a respondent identified above, but the request to the Assistant Secretary for make its final determination no later producer is, then the cash deposit rate Enforcement and Compliance, U.S. than 135 days after the date of will be equal to the company-specific Department of Commerce, within 30 publication of this preliminary estimated weighted-average dumping days after the date of publication of this determination, pursuant to section margin established for that producer of notice. Requests should contain: (1) The 735(a)(2) of the Act. the subject merchandise; and (3) the party’s name, address, and telephone International Trade Commission cash deposit rate for all other producers number; (2) the number of participants Notification and exporters will be equal to the all- and whether any participant is a foreign others estimated weighted-average national; and (3) a list of the issues to In accordance with section 733(f) of dumping margin. These suspension of be discussed. If a request for a hearing the Act, Commerce will notify the liquidation instructions will remain in is made, Commerce intends to hold the International Trade Commission (ITC) of effect until further notice. hearing at a time and date to be our affirmative preliminary Disclosure determined. Parties should confirm by determination. If our final telephone the date, time, and location of Commerce intends to disclose its determination is affirmative, the ITC the hearing two days before the will determine before the later of 120 calculations and analysis performed to scheduled date. interested parties in this preliminary days after the date of this preliminary determination within five days of any Postponement of Final Determination determination or 45 days after our final public announcement or, if there is no and Extension of Provisional Measures determination whether these imports public announcement, within five days Section 735(a)(2) of the Act provides are materially injuring, or threaten of the date of publication of this notice that a final determination may be material injury to, the U.S. industry. in accordance with 19 CFR 351.224(b). postponed until not later than 135 days Notification to Interested Parties Verification after the date of the publication of the preliminary determination if, in the This determination is issued and As provided in section 782(i)(1) of the event of an affirmative preliminary published in accordance with sections Act, Commerce intends to verify the determination, a request for such information relied upon in making its 733(f) and 777(i)(1) of the Act and 19 final determination. Normally, postponement is made by exporters who CFR 351.205(c). Commerce verifies information using account for a significant proportion of standard procedures, including an on- 7 See 19 CFR 351.309; see also 19 CFR 351.303 site examination of original accounting, (for general filing requirements); Temporary Rule financial, and sales documentation. Modifying AD/CVD Service Requirements Due to However, due to current travel COVID–19, 85 FR 17006 (March 26, 2020); and restrictions in response to the global Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of 9 See ILJIN’s Letter, ‘‘Seamless Carbon and Alloy COVID–19 pandemic, Commerce is Effective Period, 85 FR 41363 (July 10, 2020) Steel Standard, Line, and Pressure Pipe from the unable to conduct on-site verification in (Extension of Temporary Rule). Republic of Korea: Request to Extend the Deadline this investigation. Accordingly, we 8 See Extension of Temporary Rule. for the Final Determination,’’ dated January 8, 2021.

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Dated: February 3, 2021. 7304.59.8030, 7304.59.8035, 7304.59.8040, 2020, Commerce postponed the James Maeder, 7304.59.8045, 7304.59.8050, 7304.59.8055, preliminary determination of this 7304.59.8060, 7304.59.8065, and Deputy Assistant Secretary for Antidumping investigation, and the revised deadline 7304.59.8070. The HTSUS subheadings and and Countervailing Duty Operations. is now February 3, 2021.2 For a specifications are provided for convenience complete description of the events that Appendix I and customs purposes; the written description of the scope is dispositive. followed the initiation of this Scope of the Investigation investigation, see the Preliminary The merchandise covered by the scope of Appendix II Decision Memorandum.3 A list of topics this investigation is seamless carbon and List of Topics Discussed in the Preliminary included in the Preliminary Decision alloy steel (other than stainless steel) pipes Decision Memorandum Memorandum is included as Appendix and redraw hollows, less than or equal to 16 II to this notice. The Preliminary inches (406.4 mm) in nominal outside I. Summary II. Background Decision Memorandum is a public diameter, regardless of wall-thickness, document and is on file electronically manufacturing process (e.g., hot finished or III. Period of Investigation cold-drawn), end finish (e.g., plain end, IV. Scope of Investigation via Enforcement and Compliance’s beveled end, upset end, threaded, or V. Particular Market Situation Allegation Antidumping and Countervailing Duty threaded and coupled), or surface finish (e.g., VI. Discussion of the Methodology Centralized Electronic Service System bare, lacquered or coated). Redraw hollows VII. Currency Conversion (ACCESS). ACCESS is available to are any unfinished carbon or alloy steel VIII. Recommendation registered users at https:// (other than stainless steel) pipe or ‘‘hollow [FR Doc. 2021–02748 Filed 2–9–21; 8:45 am] access.trade.gov. In addition, a complete profiles’’ suitable for cold finishing BILLING CODE 3510–DS–P version of the Preliminary Decision operations, such as cold drawing, to meet the Memorandum can be accessed directly American Society for Testing and Materials at http://enforcement.trade.gov/frn/. (ASTM) or American Petroleum Institute DEPARTMENT OF COMMERCE (API) specifications referenced below, or The signed and the electronic versions of the Preliminary Decision comparable specifications. Specifically International Trade Administration included within the scope are seamless Memorandum are identical in content. carbon and alloy steel (other than stainless [A–823–819] Scope of the Investigation steel) standard, line, and pressure pipes produced to the ASTM A–53, ASTM A–106, Seamless Carbon and Alloy Steel The products covered by this ASTM A–333, ASTM A–334, ASTM A–589, Standard, Line, and Pressure Pipe investigation are seamless pipe from ASTM A–795, ASTM A–1024, and the API From Ukraine: Preliminary Affirmative Ukraine. For a complete description of 51 specifications, or comparable Determination of Sales at Less Than the scope of this investigation, see specifications, and meeting the physical Fair Value, Postponement of Final Appendix I. parameters described above, regardless of Determination, and Extension of application, with the exception of the Scope Comments Provisional Measures exclusions discussed below. In accordance with the preamble to Specifically excluded from the scope of the AGENCY: Enforcement and Compliance, Commerce’s regulations, the Initiation investigation are: (1) All pipes meeting International Trade Administration, aerospace, hydraulic, and bearing tubing Notice set aside a period of time for specifications, including pipe produced to Department of Commerce. parties to raise issues regarding product the ASTM A–822 standard; (2) all pipes SUMMARY: The Department of Commerce coverage (i.e., scope).4 Certain interested meeting the chemical requirements of ASTM (Commerce) preliminarily determines parties commented on the scope of the A–335, whether finished or unfinished; and that seamless carbon and alloy steel investigation as it appeared in the (3) unattached couplings. Also excluded from standard, line, and pressure pipe Initiation Notice.5 For a summary of the the scope of the investigation are (1) all (seamless pipe) from Ukraine is being, product coverage comments and mechanical, boiler, condenser and heat or is likely to be, sold in the United rebuttal responses submitted to the exchange tubing, except when such products States at less than fair value (LTFV). The record for this preliminary conform to the dimensional requirements, determination, and accompanying i.e., outside diameter and wall thickness, of period of investigation is July 1, 2019, ASTM A53, ASTM A–106 or API 51 through June 30, 2020. Interested parties discussion and analysis of all comments specifications. Also excluded from the scope are invited to comment on this timely received, see the Preliminary of the investigation are: (1) oil country preliminary determination. Scope Decision Memorandum.6 tubular goods consisting of drill pipe, casing, DATES: Applicable February 10, 2021. the Republic of Korea, the Russian Federation, and tubing and coupling stock; (2) all pipes FOR FURTHER INFORMATION CONTACT : Lilit Ukraine: Initiation of Less-Than-Fair Value meeting the chemical requirements of ASTM Astvatsatrian, AD/CVD Operations, A–335 regardless of their conformity to the Investigations, 85 FR 47176 (August 4, 2020) dimensional requirements of ASTM A–53, Office IV, Enforcement and Compliance, (Initiation Notice). 2 ASTM A–106 or API 5L; and (3) the International Trade Administration, See Seamless Carbon and Alloy Steel Standard, U.S. Department of Commerce, 1401 Line, and Pressure Pipe From the Republic of Korea, exclusion for ASTM A335 applies to pipes the Russian Federation, and Ukraine: meeting the comparable specifications GOST Constitution Avenue NW, Washington, Postponement of Preliminary Determinations in the 550–75. DC 20230; telephone: (202) 482–6412. Less-Than-Fair-Value Investigations, 85 FR 73687 Subject seamless standard, line, and SUPPLEMENTARY INFORMATION: (November 19, 2020). pressure pipe are normally entered under 3 See Memorandum, ‘‘Decision Memorandum for Harmonized Tariff Schedule of the United Background the Preliminary Affirmative Determination in the Less-Than-Fair-Value Investigation of Seamless States (HTSUS) subheadings 7304.19.1020, This preliminary determination is 7304.19.1030, 7304.19.1045, 7304.19.1060, Carbon and Alloy Steel Standard, Line, and 7304.19.5020, 7304.19.5050, 7304.31.6050, made in accordance with section 733(b) Pressure Pipe from Ukraine,’’ dated concurrently with, and hereby adopted by, this notice 7304.39.0016, 7304.39.0020, 7304.39.0024, of the Tariff Act of 1930, as amended (the Act). Commerce published the (Preliminary Decision Memorandum). 7304.39.0028, 7304.39.0032, 7304.39.0036, 4 See Antidumping Duties; Countervailing Duties, 7304.39.0040, 7304.39.0044, 7304.39.0048, notice of initiation of this investigation Final Rule, 62 FR 27296, 27323 (May 19, 1997). 1 7304.39.0052, 7304.39.0056, 7304.39.0062, on August 4, 2020. On November 19, 5 See Initiation Notice. 7304.39.0068, 7304.39.0072, 7304.51.5005, 6 See Memorandum, ‘‘Antidumping and 7304.51.5060, 7304.59.6000, 7304.59.8010, 1 See Seamless Carbon and Alloy Steel Standard, Countervailing Duty Investigations of Seamless 7304.59.8015, 7304.59.8020, 7304.59.8025, Line, and Pressure Pipe from the Czech Republic, Continued

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Commerce is preliminarily modifying margin assigned to all other producers Verification the scope language as it appeared in the and exporters, pursuant to section As provided in section 782(i)(1) of the Initiation Notice. See the revised scope 735(c)(5)(A) of the Act. Act, Commerce intends to verify the in Appendix I to this notice. information relied upon in making its The deadline to submit scope case Preliminary Determination final determination. Normally, briefs was established in the Commerce preliminarily determines Commerce verifies information using Preliminary Scope Decision that the following estimated weighted- standard procedures, including an on- Memorandum.7 There will be no further site examination of original accounting, opportunity for comments on scope- average dumping margins exist: financial, and sales documentation. related issues. Estimated However, due to current travel Methodology weighted- restrictions in response to the global average Commerce is conducting this Exporter/producer dumping COVID–19 pandemic, Commerce is investigation in accordance with section margin unable to conduct on-site verification in 731 of the Act. Commerce calculated (percent) this investigation. Accordingly, we constructed export prices in accordance intend to verify the information relied with section 772(b) of the Act. Interpipe Ukraine LLC/PJSC upon in making the final determination Interpipe Niznedneprovksy Commerce calculated normal value in through alternative means in lieu of an Tube Rolling Plant/LLC on-site verification. accordance with section 773 of the Act. Interpipe Niko Tube ...... 41.23 For a full description of the All Others ...... 41.23 Public Comment methodology underlying the preliminary determination, see the Case briefs or other written comments Suspension of Liquidation Preliminary Decision Memorandum. on non-scope issues may be submitted to the Assistant Secretary for In accordance with section 733(d)(2) All-Others Rate Enforcement and Compliance. of the Act, Commerce will direct U.S. Section 733(d)(1)(A)(ii) of the Act Interested parties will be notified of a Customs and Border Protection (CBP) to provides that in the preliminary timeline for the submission of such case suspend liquidation of entries of subject determination, Commerce shall briefs and written comments at a later merchandise, as described in Appendix determine an estimated all-others rate date. Rebuttal briefs, limited to issues for all exporters and producers not I, entered, or withdrawn from raised in the case briefs, may be individually examined. Pursuant to warehouse, for consumption on or after submitted no later than seven days after section 735(c)(5)(A) of the Act, this rate the date of publication of this notice in the deadline for case briefs. Commerce shall be an amount equal to the the Federal Register. has temporarily modified certain of its weighted average of the estimated Further, pursuant to section requirements for serving documents weighted-average dumping margins 733(d)(1)(B) of the Act and 19 CFR containing business proprietary established for exporters and producers 351.205(d), Commerce will instruct CBP information until further notice.9 individually investigated, excluding any to require a cash deposit equal to the Pursuant to 19 CFR 351.309(c)(2) and zero and de minimis dumping margins, estimated weighted-average dumping (d)(2), parties who submit case briefs or and any dumping margins determined margin or the estimated all-others rate, rebuttal briefs in this investigation are entirely under section 776 of the Act. as follows: (1) The cash deposit rate for encouraged to submit with each Commerce calculated an individual the respondent listed in the table above argument: (1) A statement of the issue; estimated weighted-average dumping will be equal to the company-specific (2) a brief summary of the argument; margin for the collapsed entity Interpipe estimated weighted-average dumping and (3) a table of authorities. Ukraine LLC, PJSC Interpipe margin determined in this preliminary Pursuant to 19 CFR 351.310(c), Niznedneprovksy Tube Rolling Plant, determination; (2) if the exporter is not interested parties who wish to request a and LLC Interpipe Niko Tube hearing, limited to issues raised in the 8 the respondent identified in the table (collectively Interpipe), the only above, but the producer is, then the cash case and rebuttal briefs, must submit a individually examined exporter/ deposit rate will be equal to the written request to the Assistant producer in this investigation. Because company-specific estimated weighted- Secretary for Enforcement and the only individually calculated average dumping margin established for Compliance, U.S. Department of dumping margin is not zero, de that producer of the subject Commerce, within 30 days after the date minimis, or based entirely on facts merchandise; and (3) the cash deposit of publication of this notice. Requests otherwise available, the estimated rate for all other producers and should contain the party’s name, weighted-average dumping margin address, and telephone number, the calculated for Interpipe is the dumping exporters will be equal to the all-others estimated weighted-average dumping number of hearing participants, whether margin. These suspension of liquidation any participant is a foreign national, and Carbon and Alloy Steel Standard, Line, and a list of the issues to be discussed. If a Pressure Pipe from the Czech Republic, the instructions will remain in effect until Republic of Korea, the Russian Federation, and further notice. request for a hearing is made, Commerce Ukraine: Preliminary Scope Decision intends to hold the hearing at a time and Memorandum,’’ dated January 13, 2021 Disclosure date to be determined. Parties should (Preliminary Scope Decision Memorandum). confirm the date and time of the hearing 7 Case briefs, other written comments, and Commerce intends to disclose its two days before the scheduled hearing rebuttal briefs submitted in response to this calculations and analysis performed to preliminary LTFV determination should not date. include scope-related issues. See Preliminary Scope interested parties in this preliminary Decision Memorandum; and ‘‘Public Comment’’ determination within five days of any 9 See Temporary Rule Modifying AD/CVD Service section of this notice. The deadline for case briefs public announcement or, if there is no Requirements Due to COVID–19, 85 FR 17006 on scope-related issues is no later than 30 days after public announcement, within five days (March 26, 2020); and Temporary Rule Modifying the issuance of Preliminary Scope Decision AD/CVD Service Requirements Due to COVID–19; Memorandum. of the date of publication of this notice Extension of Effective Period, 85 FR 41363 (July 10, 8 See Preliminary Decision Memorandum. in accordance with 19 CFR 351.224(b). 2020).

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Postponement of Final Determination Notification to Interested Parties 7304.39.0040, 7304.39.0044, 7304.39.0048, and Extension of Provisional Measures 7304.39.0052, 7304.39.0056, 7304.39.0062, This determination is issued and 7304.39.0068, 7304.39.0072, 7304.51.5005, Section 735(a)(2) of the Act provides published in accordance with sections 7304.51.5060, 7304.59.6000, 7304.59.8010, that a final determination may be 733(f) and 777(i)(1) of the Act, and 19 7304.59.8015, 7304.59.8020, 7304.59.8025, postponed until not later than 135 days CFR 351.205(c). 7304.59.8030, 7304.59.8035, 7304.59.8040, Dated: February 3, 2021. 7304.59.8045, 7304.59.8050, 7304.59.8055, after the date of the publication of the 7304.59.8060, 7304.59.8065, and preliminary determination if, in the James Maeder, 7304.59.8070. The HTSUS subheadings and event of an affirmative preliminary Deputy Assistant Secretary for Antidumping specifications are provided for convenience determination, a request for such and Countervailing Duty Operations. and customs purposes; the written postponement is made by exporters who Appendix I—Scope of the Investigation description of the scope is dispositive. account for a significant proportion of Appendix II—List of Topics Discussed exports of the subject merchandise, or in The merchandise covered by the scope of in the Preliminary Decision the event of a negative preliminary this investigation is seamless carbon and alloy steel (other than stainless steel) pipes Memorandum determination, a request for such and redraw hollows, less than or equal to 16 I. Summary postponement is made by the petitioner. inches (406.4 mm) in nominal outside II. Background Section 351.210(e)(2) of Commerce’s diameter, regardless of wall-thickness, III. Period of Investigation regulations requires that a request by the manufacturing process (e.g., hot finished or cold-drawn), end finish (e.g., plain end, IV. Scope of Investigation exporters for postponement of the final V. Affiliation/Single Entity determination be accompanied by a beveled end, upset end, threaded, or threaded and coupled), or surface finish (e.g., VI. Discussion of the Methodology request for extension of provisional VII. Currency Conversion measures from a four-month period to a bare, lacquered or coated). Redraw hollows are any unfinished carbon or alloy steel VIII. Recommendation period not more than six months in (other than stainless steel) pipe or ‘‘hollow [FR Doc. 2021–02750 Filed 2–9–21; 8:45 am] duration. profiles’’ suitable for cold finishing BILLING CODE 3510–DS–P On January 11, 2021, pursuant to 19 operations, such as cold drawing, to meet the CFR 351.210(e), Interpipe requested that American Society for Testing and Materials (ASTM) or American Petroleum Institute DEPARTMENT OF COMMERCE Commerce postpone the final (API) specifications referenced below, or determination and that provisional comparable specifications. Specifically International Trade Administration measures be extended to a period not to included within the scope are seamless exceed six months.10 In accordance with carbon and alloy steel (other than stainless [A–821–826] section 735(a)(2)(A) of the Act and 19 steel) standard, line, and pressure pipes CFR 351.210(b)(2)(ii), because: (1) The produced to the ASTM A–53, ASTM A–106, Seamless Carbon and Alloy Steel preliminary determination is ASTM A–333, ASTM A–334, ASTM A–589, Standard, Line, and Pressure Pipe affirmative; (2) the requesting exporter ASTM A–795, ASTM A–1024, and the API From the Russian Federation: accounts for a significant proportion of 51 specifications, or comparable Preliminary Affirmative Determination specifications, and meeting the physical exports of the subject merchandise; and of Sales at Less Than Fair Value, parameters described above, regardless of Postponement of Final Determination, (3) no compelling reasons for denial application, with the exception of the exist, Commerce is postponing the final exclusions discussed below. and Extension of Provisional Measures determination and extending the Specifically excluded from the scope of the AGENCY: Enforcement and Compliance, provisional measures from a four-month investigation are: (1) All pipes meeting International Trade Administration, aerospace, hydraulic, and bearing tubing period to a period not greater than six Department of Commerce. months. Accordingly, Commerce will specifications, including pipe produced to SUMMARY: The Department of Commerce make its final determination no later the ASTM A–822 standard; (2) all pipes meeting the chemical requirements of ASTM (Commerce) preliminarily determines than 135 days after the date of A–335, whether finished or unfinished; and that seamless carbon and alloy steel publication of this preliminary (3) unattached couplings. Also excluded from standard, line, and pressure pipe determination, pursuant to section the scope of the investigation are (1) all (seamless pipe) from the Russian 735(a)(2) of the Act. mechanical, boiler, condenser and heat Federation (Russia) is being, or is likely exchange tubing, except when such products International Trade Commission conform to the dimensional requirements, to be, sold in the United States at less Notification i.e., outside diameter and wall thickness, of than fair value (LTFV). The period of ASTM A53, ASTM A–106 or API 51 investigation is July 1, 2019, through In accordance with section 733(f) of specifications. Also excluded from the scope June 30, 2020. Interested parties are the Act, Commerce will notify the of the investigation are: (1) Oil country invited to comment on this preliminary International Trade Commission (ITC) of tubular goods consisting of drill pipe, casing, determination. its preliminary determination. If the tubing and coupling stock; (2) all pipes DATES: Applicable February 10, 2021. final determination is affirmative, then meeting the chemical requirements of ASTM A–335 regardless of their conformity to the FOR FURTHER INFORMATION CONTACT: the ITC will determine before the later Caitlin Monks, AD/CVD Operations, of 120 days after the date of this dimensional requirements of ASTM A–53, ASTM A–106 or API 5L; and (3) the Office VIII, Enforcement and preliminary determination or 45 days exclusion for ASTM A335 applies to pipes Compliance, International Trade after the final determination whether meeting the comparable specifications GOST Administration, U.S. Department of imports of seamless pipe from Ukraine 550–75. Commerce, 1401 Constitution Avenue are materially injuring, or threaten Subject seamless standard, line, and NW, Washington, DC 20230; telephone: material injury to, the U.S. industry. pressure pipe are normally entered under (202) 482–2670. Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7304.19.1020, SUPPLEMENTARY INFORMATION: 10 See Interpipe’s Letter, ‘‘Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from 7304.19.1030, 7304.19.1045, 7304.19.1060, Background Ukraine: Request for Postponement of the Final 7304.19.5020, 7304.19.5050, 7304.31.6050, Determination and to Extend the Provisional 7304.39.0016, 7304.39.0020, 7304.39.0024, This preliminary determination is Measures Period,’’ dated January 11, 2021. 7304.39.0028, 7304.39.0032, 7304.39.0036, made in accordance with section 733(b)

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of the Tariff Act of 1930, as amended Preliminary Scope Decision Preliminary Determination (the Act). Commerce published the Memorandum.6 Commerce is notice of initiation of this investigation preliminarily modifying the scope Commerce preliminarily determines on August 4, 2020.1 On November 19, language as it appeared in the Initiation that the following estimated weighted- 2020, Commerce postponed the Notice. See the revised scope in average dumping margins exist: preliminary determination of this Appendix I to this notice. The deadline to submit scope case Estimated investigation, and the revised deadline weighted- is now February 3, 2021.2 For a briefs was established in the average complete description of the events that Preliminary Scope Decision Exporter/producer dumping followed the initiation of this Memorandum.7 There will be no further margin investigation, see the Preliminary opportunity for comments on scope- (percent) 3 related issues. Decision Memorandum. A list of topics PAO TMK/Volzhsky Pipe Plant included in the Preliminary Decision Methodology Joint Stock Company 8 ...... 209.72 Memorandum is included as Appendix All Others ...... 209.72 II to this notice. The Preliminary Commerce is conducting this investigation in accordance with section Decision Memorandum is a public Suspension of Liquidation document and is on file electronically 731 of the Act. Commerce has via Enforcement and Compliance’s calculated export prices in accordance In accordance with section 733(d)(2) Antidumping and Countervailing Duty with section 772(a) of the Act. Normal of the Act, Commerce will direct U.S. Centralized Electronic Service System value is calculated in accordance with Customs and Border Protection (CBP) to (ACCESS). ACCESS is available to section 773 of the Act. For a full suspend liquidation of entries of subject registered users at https:// description of the methodology merchandise, as described in Appendix access.trade.gov. In addition, a complete underlying the preliminary I, entered, or withdrawn from version of the Preliminary Decision determination, see the Preliminary warehouse, for consumption on or after Memorandum can be accessed directly Decision Memorandum. the date of publication of this notice in at http://enforcement.trade.gov/frn/. All-Others Rate the Federal Register. The signed and the electronic versions Section 733(d)(1)(A)(ii) of the Act Further, pursuant to section of the Preliminary Decision 733(d)(1)(B) of the Act and 19 CFR Memorandum are identical in content. provides that in the preliminary determination, Commerce shall 351.205(d), Commerce will instruct CBP Scope of the Investigation determine an estimated all-others rate to require a cash deposit equal to the The products covered by this for all exporters and producers not estimated weighted-average dumping investigation are seamless pipe from individually examined. Pursuant to margin or the estimated all-others rate, Russia. For a complete description of section 735(c)(5)(A) of the Act, this rate as follows: (1) The cash deposit rate for the scope of this investigation, see shall be an amount equal to the the respondents listed in the table above Appendix I. weighted average of the estimated will be equal to the company-specific weighted-average dumping margins estimated weighted-average dumping Scope Comments established for exporters and producers margins determined in this preliminary In accordance with the preamble to individually investigated, excluding any determination; (2) if the exporter is not Commerce’s regulations, the Initiation zero and de minimis margins, and any a respondent identified in the table Notice set aside a period of time for margins determined entirely under above, but the producer is, then the cash parties to raise issues regarding product section 776 of the Act. deposit rate will be equal to the coverage (i.e., scope).4 Certain interested Commerce calculated an individual company-specific estimated weighted- parties commented on the scope of the estimated weighted-average dumping average dumping margin established for investigation as it appeared in the margin for PAO TMK and Volzhsky that producer of the subject Initiation Notice.5 For a summary of the Pipe Plant (collectively, TMK), the only merchandise; and (3) the cash deposit product coverage comments and individually examined exporter/ rate for all other producers and rebuttal responses submitted to the producer in this investigation. Because exporters will be equal to the all-others record for this investigation, and the only individually calculated estimated weighted-average dumping accompanying discussion and analysis dumping margin is not zero, de margin. These suspension of liquidation of all comments timely received, see the minimis, or based entirely on facts instructions will remain in effect until otherwise available, the estimated further notice. 1 See Seamless Carbon and Alloy Steel Standard, weighted-average dumping margin Line, and Pressure Pipe from the Czech Republic, calculated for TMK is the dumping Disclosure the Republic of Korea, the Russian Federation, and margin assigned to all other producers Ukraine: Initiation of Less-Than-Fair Value Commerce intends to disclose its Investigations, 85 FR 47176 (August 4, 2020) and exporters, pursuant to section calculations and analysis performed to (Initiation Notice). 735(c)(5)(A) of the Act. interested parties in this preliminary 2 See Seamless Carbon and Alloy Steel Standard, determination within five days of any Line, and Pressure Pipe from the Republic of Korea, 6 See Memorandum, ‘‘Antidumping and public announcement or, if there is no the Russian Federation, and Ukraine: Countervailing Duty Investigations of Seamless Postponement of Preliminary Determinations in the Carbon and Alloy Steel Standard, Line, and public announcement, within five days Less-Than-Fair-Value Investigations, 85 FR 73687 Pressure Pipe from the Czech Republic, the of the date of publication of this notice (November 19, 2020). Republic of Korea, the Russian Federation, and in accordance with 19 CFR 351.224(b). 3 See Memorandum, ‘‘Decision Memorandum for Ukraine: Preliminary Scope Decision the Preliminary Affirmative Determination in the Memorandum,’’ dated January 13, 2021 Less-Than-Fair-Value Investigation of Seamless (Preliminary Scope Decision Memorandum). 8 Commerce has preliminarily determined that Carbon and Alloy Steel Standard, Line, and 7 Case briefs, other written comments, and the following affiliated companies constitute a Pressure Pipe from Russia,’’ dated concurrently rebuttal briefs submitted in response to this single entity: PAO TMK, Volzhsky Pipe Plant Joint with, and hereby adopted by, this notice. preliminary LTFV determination should not Stock Company, Taganrog Metallurgical Plant Joint 4 See Antidumping Duties; Countervailing Duties, include scope-related issues. See Preliminary Scope Stock Company, Sinarsky Pipe Plant Joint Stock Final Rule, 62 FR 27296, 27323 (May 19, 1997). Decision Memorandum; and ‘‘Public Comment’’ Company, and Seversky Pipe Plant Joint Stock 5 See Initiation Notice. section of this notice. Company. See Preliminary Decision Memorandum.

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Verification Postponement of Final Determination Notification to Interested Parties and Extension of Provisional Measures As provided in section 782(i)(1) of the This determination is issued and Act, Commerce intends to verify the Section 735(a)(2) of the Act provides published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 information relied upon in making its that a final determination may be CFR 351.205(c). final determination. Normally, postponed until not later than 135 days Commerce verifies information using after the date of the publication of the Dated: February 3, 2021. standard procedures, including an on- preliminary determination if, in the James Maeder, site examination of original accounting, event of an affirmative preliminary Deputy Assistant Secretary for Antidumping financial, and sales documentation. determination, a request for such and Countervailing Duty Operations. However, due to current travel postponement is made by exporters who Appendix I restrictions in response to the global account for a significant proportion of COVID–19 pandemic, Commerce is exports of the subject merchandise, or in Scope of the Investigation unable to conduct on-site verification in the event of a negative preliminary The merchandise covered by the scope of this investigation. Accordingly, we determination, a request for such this investigation is seamless carbon and alloy steel (other than stainless steel) pipes intend to verify the information relied postponement is made by the petitioner. and redraw hollows, less than or equal to 16 upon in making the final determination Section 351.210(e)(2) of Commerce’s inches (406.4 mm) in nominal outside through alternative means in lieu of an regulations requires that a request by the diameter, regardless of wall-thickness, on-site verification. exporters for postponement of the final manufacturing process (e.g., hot finished or cold-drawn), end finish (e.g., plain end, Public Comment determination be accompanied by a request for extension of provisional beveled end, upset end, threaded, or threaded and coupled), or surface finish (e.g., Case briefs or other written comments measures from a four-month period to a bare, lacquered or coated). Redraw hollows on non-scope issues may be submitted period not more than six months in are any unfinished carbon or alloy steel to the Assistant Secretary for duration. (other than stainless steel) pipe or ‘‘hollow Enforcement and Compliance. On January 5, 2021, pursuant to 19 profiles’’ suitable for cold finishing Interested parties will be notified of a CFR 351.210(e), TMK requested that operations, such as cold drawing, to meet the timeline for the submission of such case American Society for Testing and Materials Commerce postpone the final (ASTM) or American Petroleum Institute briefs and written comments at a later determination and that provisional (API) specifications referenced below, or date. Rebuttal briefs, limited to issues measures be extended to a period not to comparable specifications. Specifically raised in the case briefs, may be exceed six months.10 In accordance with included within the scope are seamless submitted no later than seven days after section 735(a)(2)(A) of the Act and 19 carbon and alloy steel (other than stainless the deadline for case briefs. Commerce CFR 351.210(b)(2)(ii), because: (1) The steel) standard, line, and pressure pipes produced to the ASTM A–53, ASTM A–106, has temporarily modified certain of its preliminary determination is requirements for serving documents ASTM A–333, ASTM A–334, ASTM A–589, affirmative; (2) the requesting exporters ASTM A–795, ASTM A–1024, and the API containing business proprietary account for a significant proportion of 51 specifications, or comparable 9 information until further notice. exports of the subject merchandise; and specifications, and meeting the physical Pursuant to 19 CFR 351.309(c)(2) and (3) no compelling reasons for denial parameters described above, regardless of (d)(2), parties who submit case briefs or exist, Commerce is postponing the final application, with the exception of the rebuttal briefs in this investigation are determination and extending the exclusions discussed below. Specifically excluded from the scope of the encouraged to submit with each provisional measures from a four-month argument: (1) A statement of the issue; investigation are: (1) All pipes meeting period to a period not greater than six aerospace, hydraulic, and bearing tubing (2) a brief summary of the argument; months. Accordingly, Commerce will specifications, including pipe produced to and (3) a table of authorities. make its final determination no later the ASTM A–822 standard; (2) all pipes Pursuant to 19 CFR 351.310(c), than 135 days after the date of meeting the chemical requirements of ASTM interested parties who wish to request a publication of this preliminary A–335, whether finished or unfinished; and determination, pursuant to section (3) unattached couplings. Also excluded from hearing, limited to issues raised in the the scope of the investigation are (1) all case and rebuttal briefs, must submit a 735(a)(2) of the Act. mechanical, boiler, condenser and heat written request to the Assistant International Trade Commission exchange tubing, except when such products Secretary for Enforcement and conform to the dimensional requirements, Notification Compliance, U.S. Department of i.e., outside diameter and wall thickness, of Commerce, within 30 days after the date In accordance with section 733(f) of ASTM A–53, ASTM A–106 or API 51 of publication of this notice. Requests specifications. Also excluded from the scope the Act, Commerce will notify the of the investigation are: (1) Oil country should contain the party’s name, International Trade Commission (ITC) of tubular goods consisting of drill pipe, casing, address, and telephone number, the its preliminary determination. If the tubing and coupling stock; (2) all pipes number of hearing participants, whether final determination is affirmative, then meeting the chemical requirements of ASTM any participant is a foreign national, and the ITC will determine before the later A–335 regardless of their conformity to the a list of the issues to be discussed. If a of 120 days after the date of this dimensional requirements of ASTM A–53, request for a hearing is made, Commerce preliminary determination or 45 days ASTM A–106 or API 5L; and (3) the exclusion for ASTM A–335 applies to pipes intends to hold the hearing at a time and after the final determination whether date to be determined. Parties should meeting the comparable specifications GOST imports of seamless pipe from Russia 550–75. confirm the date and time of the hearing are materially injuring, or threaten Subject seamless standard, line, and two days before the scheduled hearing material injury to, the U.S. industry. pressure pipe are normally entered under date. Harmonized Tariff Schedule of the United 10 See TMK’s Letter, ‘‘Seamless Carbon and Alloy States (HTSUS) subheadings 7304.19.1020, 9 See Temporary Rule Modifying AD/CVD Service Steel Standard, Line, and Pressure Pipe (‘‘SSLP 7304.19.1030, 7304.19.1045, 7304.19.1060, Requirements Due to COVID–19; Extension of Pipe’’) from Russia: Request to Postpone the Final 7304.19.5020, 7304.19.5050, 7304.31.6050, Effective Period, 85 FR 41363 (July 10, 2020). Determination,’’ dated January 5, 2021. 7304.39.0016, 7304.39.0020, 7304.39.0024,

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7304.39.0028, 7304.39.0032, 7304.39.0036, ADDRESSES: You may submit comments on www.regulations.gov. In the event 7304.39.0040, 7304.39.0044, 7304.39.0048, and responses to the questions below by that the submitter cannot provide a non- 7304.39.0052, 7304.39.0056, 7304.39.0062, one of the following methods: confidential version of its submission, 7304.39.0068, 7304.39.0072, 7304.51.5005, (a) Electronic Submissions: Submit all the USPTO requests that the submitter 7304.51.5060, 7304.59.6000, 7304.59.8010, electronic comments via the Federal e- 7304.59.8015, 7304.59.8020, 7304.59.8025, post a notice in the docket stating that 7304.59.8030, 7304.59.8035, 7304.59.8040, Rulemaking Portal at it has provided the USPTO with 7304.59.8045, 7304.59.8050, 7304.59.8055, www.regulations.gov (at the homepage, business confidential information. 7304.59.8060, 7304.59.8065, and enter ‘‘PTO–C–2020–0044’’ in the Should a submitter fail to either docket 7304.59.8070. The HTSUS subheadings and ‘‘Search’’ box, click the ‘‘Comment a non-confidential version of its specifications are provided for convenience Now!’’ icon, complete the required submission or post a notice that and customs purposes; the written fields, and enter or attach your business confidential information has description of the scope is dispositive. comments). The materials in the docket been provided, the USPTO will note the Appendix II will not be edited to remove identifying receipt of the submission on the docket or contact information, and the USPTO with the submitter’s organization or List of Topics Discussed in the Preliminary cautions against including any name (to the degree permitted by law) Decision Memorandum information in an electronic submission and the date of submission. I. Summary that the submitter does not want II. Background publicly disclosed. Attachments to FOR FURTHER INFORMATION CONTACT: III. Period of Investigation electronic comments will be accepted in Charisma Hampton, USPTO, Office of IV. Scope of Investigation Microsoft Word or Excel or Adobe PDF Policy and International Affairs, at V. Affiliation formats only. Comments containing [email protected]. Please VI. Application of Facts Available and Use of direct media inquiries to the Office of Adverse Inferences references to studies, research, and other empirical data that are not widely the Chief Communications Officer, VII. Discussion of the Methodology USPTO, at 571–272–8400. VIII. Currency Conversion published should include copies of the IX. Recommendation referenced materials. Please do not Request for Information: On [FR Doc. 2021–02749 Filed 2–9–21; 8:45 am] submit additional materials. If you want November 17, 2020, the USPTO to submit a comment with business BILLING CODE 3510–DS–P published a notice in the Federal confidential information that you do not Register requesting public input on the wish to be made public, submit the establishment of a national consumer DEPARTMENT OF COMMERCE comment as a written/paper submission awareness campaign designed to in the manner detailed below. educate consumers on the direct and Patent and Trademark Office (b) Written/Paper Submissions: Send indirect costs and risks of counterfeit all written/paper submissions to: United and pirated goods. See Request for [Docket No. PTO–C–2020–0044] States Patent and Trademark Office, Comments on the Development of a Mail Stop OPIA, P.O. Box 1450, National Consumer Awareness Development of a National Consumer Alexandria, Virginia 22314. Submission Campaign on Combating the Trafficking Awareness Campaign on Combating packaging should clearly indicate that in Counterfeit and Pirated Products, 85 the Trafficking in Counterfeit and materials are responsive to Docket No. FR 73264 (Nov. 17, 2020). In that notice, Pirated Products PTO–C–2020–0044, Office of Policy and the USPTO requested information from International Affairs, Comment Request; AGENCY: The United States Patent and interested stakeholders, including, but Development of a National Consumer not limited to, intellectual property Trademark Office, Department of Awareness Campaign on Combating the Commerce. rights holders affected by the sale of Trafficking in Counterfeit and Pirated counterfeit goods offered through e- ACTION: Request for comments; Products. commerce platforms, online third-party reopening of comment period. Submissions of Business Confidential marketplaces, third-party Information: Any submissions SUMMARY: The United States Patent and intermediaries, other private sector containing business confidential stakeholders, other entities with Trademark Office (USPTO or Office) information must be delivered in a published a request for comments in the experience in public-private awareness sealed envelope marked ‘‘confidential campaigns, and applicable government Federal Register on November 17, 2020, treatment requested’’ to the address seeking information from stakeholders, agencies, in accordance with the call to listed above. Submitters should provide action in the Department of Homeland including, but not limited to, an index listing the document(s) or intellectual property rights holders, Security’s January 24, 2020, Report to information they would like the USPTO the President of the United States titled online third-party marketplaces, third- to withhold. The index should include party intermediaries, other private ‘‘Combating Trafficking in Counterfeit information such as numbers used to and Pirated Goods.’’ sector stakeholders, other entities with identify the relevant document(s) or experience in public-private awareness information, document title and To assist in gathering public input, campaigns, and applicable government description, and relevant page numbers the USPTO published questions and agencies on the ‘‘Development of a and/or section numbers within a sought all input relevant to the National Consumer Awareness document. Submitters should provide a development of guidelines, action plans, Campaign on Combating the Trafficking statement explaining their grounds for strategies, and best practices for in Counterfeit and Pirated Products’’ as objecting to the disclosure of the establishing a public-private national a public-private partnership. Through information to the public as well. The consumer awareness campaign designed this notice, the USPTO is reopening the USPTO also requests that submitters of to educate consumers on the direct and period for public comment until March business confidential information indirect costs and risks of counterfeit 12, 2021. include a non-confidential version and pirated goods. DATES: Comment date: Written (either redacted or summarized) of those Specifically, in that earlier notice, the comments must be received on or before confidential submissions that will be USPTO sought the following types of March 12, 2021. available for public viewing and posted information utilized or under

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development by any public or private collection listed in this notice, please response to this notice will be entity: use http://www.regulations.gov by considered public records. (1) Educational curricula identifying searching the Docket ID number ED– Title of Collection: 2022 School direct and indirect harms associated 2021–SCC–0019. Comments submitted Survey on Crime and Safety with sales of counterfeit and pirated in response to this notice should be (SSOCS:2022). products submitted electronically through the OMB Control Number: 1850–0761. Type of Review: Revision of a (2) Strategies to ensure consumers make Federal eRulemaking Portal at http:// currently approved collection. informed purchasing decisions www.regulations.gov by selecting the Docket ID number or via postal mail, Respondents/Affected Public: (3) Public service announcements Individuals or Households. commercial delivery, or hand delivery. targeted to social media users Total Estimated Number of Annual (4) Methods to identify false and If the regulations.gov site is not Responses: 11,623. misleading information on available to the public for any reason, Total Estimated Number of Annual e-commerce pages ED will temporarily accept comments at Burden Hours: 4,907. (5) Alerts for high-risk products and [email protected]. Please include the Abstract: The School Survey on Crime automated warnings describing health docket ID number and the title of the and Safety (SSOCS) is a nationally impacts information collection request when representative survey of elementary and (6) ‘‘Red flag’’ indicators for suspicious requesting documents or submitting secondary school principals that serves listings on e-commerce platforms comments. Please note that comments as the primary source of school-level (7) Incentives to empower consumers to submitted by fax or email and those data on crime and safety in public participate in monitoring, detecting, submitted after the comment period will schools, and was conducted in 2000, and informing platforms and users of not be accepted. Written requests for 2004, 2006, 2008, 2010, 2016, 2018, and counterfeits information or comments submitted by 2020 (OMB #1850–0761). Four years The notice requested public postal mail or delivery should be separated the first two collections of comments on or before January 4, 2021. addressed to the PRA Coordinator of the SSOCS to allow for sufficient time to Through this notice, the USPTO is Strategic Collections and Clearance study the results of the first survey and reopening the period for public Governance and Strategy Division, U.S. to allow for necessary redesign work; comment until March 12, 2021, to give Department of Education, 400 Maryland the next three collections were interested members of the public Ave. SW, LBJ, Room 6W208B, conducted at 2-year intervals. Due to a additional time to submit comments and Washington, DC 20202–8240. reorganization of the sponsoring agency provide information on the same topics. FOR FURTHER INFORMATION CONTACT: For (the Office of Safe and Drug-Free All other information and instructions specific questions related to collection Schools) and funding issues, the 2012 to commenters provided in the activities, please contact Carrie Clarady, administration of SSOCS, although November 17, 2020, notice remain 202–245–6347. approved by OMB, was not fielded. unchanged. Previously submitted With new funding available through the comments do not need to be SUPPLEMENTARY INFORMATION: The National Institute of Justice (NIJ), resubmitted. Department of Education (ED), in SSOCS was conducted again in the accordance with the Paperwork spring of the 2015–16 school year. With Andrew Hirshfeld, Reduction Act of 1995 (PRA) (44 U.S.C. continued dedicated funding, SSOCS Commissioner for Patents, Performing the 3506(c)(2)(A)), provides the general has resumed collection on a biennial Functions and Duties of the Under Secretary public and Federal agencies with an basis, with collections during the spring of Commerce for Intellectual Property and opportunity to comment on proposed, of the 2017–18 and the 2019–20 school Director of the United States Patent and Trademark Office. revised, and continuing collections of years, and the next planned collection information. This helps the Department during the spring of the 2021–22 school [FR Doc. 2021–02724 Filed 2–9–21; 8:45 am] assess the impact of its information year. SSOCS is a survey of public BILLING CODE 3510–16–P collection requirements and minimize schools covering the topic of school the public’s reporting burden. It also crime and violence and is designed to helps the public understand the produce nationally representative data DEPARTMENT OF EDUCATION Department’s information collection on public schools. Historically, it has [Docket No.: ED–2021–SCC–0019] requirements and provide the requested been conducted by mail, with telephone data in the desired format. ED is and email follow-up; however, as an Agency Information Collection soliciting comments on the proposed experiment, an internet version was Activities; Comment Request; 2022 information collection request (ICR) that fielded during the SSOCS:2018 School Survey on Crime and Safety is described below. The Department of administration. For SSOCS:2020, the (SSOCS:2022) Education is especially interested in internet version was initially offered to public comment addressing the all respondents, with the paper version AGENCY: Institute of Education Sciences following issues: (1) Is this collection sent via mail as a follow-up, and the (IES), Department of Education (ED). necessary to the proper functions of the same methodology will be used for ACTION: Notice. Department; (2) will this information be SSOCS:2022. The respondent is the processed and used in a timely manner; school principal, or a member of the SUMMARY: In accordance with the (3) is the estimate of burden accurate; school staff designated by the principal Paperwork Reduction Act of 1995, ED is (4) how might the Department enhance as the person ‘‘the most knowledgeable proposing a revision of a currently the quality, utility, and clarity of the about school crime and policies to approved collection. information to be collected; and (5) how provide a safe environment.’’ DATES: Interested persons are invited to might the Department minimize the The 2022 survey is being funded by submit comments on or before April 12, burden of this collection on the the U.S. Department of Education’s 2021. respondents, including through the use Office of Safe and Supportive Schools ADDRESSES: To access and review all the of information technology. Please note (previously known as the Office of Safe documents related to the information that written comments received in and Healthy Students) and conducted

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by the National Center for Education activities, please contact Daphne Garcia, enrollment and persistence in college is Statistics (NCES) of the Institute of 202–245–6592. of interest for several reasons. First, this Education Sciences (IES), within the SUPPLEMENTARY INFORMATION: The component distinguishes GEAR UP U.S. Department of Education. As with Department of Education (ED), in from other federal college access prior SSOCS collections, NCES has accordance with the Paperwork programs that serve primarily low- entered into an interagency agreement Reduction Act of 1995 (PRA) (44 U.S.C. income students or those from high with the Census Bureau to administer 3506(c)(2)(A)), provides the general need schools. Second, the 2008 HEA the 2022 collection. public and Federal agencies with an reauthorization gave state grantees This request is to conduct the 2022 opportunity to comment on proposed, flexibility in how they implement and administration of the School Survey on revised, and continuing collections of fund the scholarships. While program Crime and Safety (SSOCS). As part of information. This helps the Department statute requires states to set aside at SSOCS:2022 development, cognitive assess the impact of its information least half of their GEAR UP funds to testing on new COVID–19 pandemic collection requirements and minimize provide scholarships (states that do are items will be conducted during the the public’s reporting burden. It also referred to as ‘‘set-aside states’’), states winter and spring of 2021, scheduled to helps the public understand the may be granted a waiver to devote all of be completed in late-spring 2021. The Department’s information collection their GEAR UP funds to other activities wording and design of these items may requirements and provide the requested (referred to as ‘‘waiver states’’) if they be modified in response to the findings data in the desired format. ED is can ensure that GEAR UP students have of this testing and, as such, will be soliciting comments on the proposed access to alternative scholarship updated in a change request, tentatively information collection request (ICR) that funds—such as those that are state- scheduled for October 2021. is described below. The Department of funded. The reauthorization also Dated: February 4, 2021. Education is especially interested in changed other aspects of the scholarship Stephanie Valentine, public comment addressing the component, such as the minimum amount and which students must be PRA Coordinator, Strategic Collections and following issues: (1) Is this collection Clearance Governance and Strategy Division, necessary to the proper functions of the eligible to receive this financial aid. Office of Chief Data Officer, Office of Department; (2) will this information be Little information is available about Planning, Evaluation and Policy processed and used in a timely manner; how states are carrying out these Development. (3) is the estimate of burden accurate; requirements or the challenges they face [FR Doc. 2021–02686 Filed 2–9–21; 8:45 am] (4) how might the Department enhance in administering this part of the GEAR BILLING CODE 4000–01–P the quality, utility, and clarity of the UP program. The data collection for this information to be collected; and (5) how study will examine the scholarship might the Department minimize the practices of all states that received a DEPARTMENT OF EDUCATION burden of this collection on the GEAR UP grant since fiscal year 2011, respondents, including through the use the first year the scholarship changes [Docket No.: ED–2020–SCC–0143] of information technology. Please note went into effect. ED plans to use the that written comments received in study results to inform program Agency Information Collection response to this notice will be improvement, both current efforts and Activities; Submission to the Office of considered public records. in the future through the upcoming Management and Budget for Review Title of Collection: Study of Financial reauthorization of the HEA. and Approval; Comment Request; Aid Supports for GEAR UP Students. Dated: February 4, 2021. Study of Financial Aid Supports for OMB Control Number: 1850–NEW. Stephanie Valentine, GEAR UP Students Type of Review: A new information PRA Coordinator, Strategic Collections and collection. AGENCY: Institute of Educational Clearance Governance and Strategy Division, Respondents/Affected Public: State, Sciences (IES), Department of Education Office of Chief Data Officer, Office of Tribal, and Local Governments Total Planning, Evaluation and Policy (ED). Estimated Number of Annual Development. ACTION : Notice. Responses: 42. [FR Doc. 2021–02685 Filed 2–9–21; 8:45 am] SUMMARY: In accordance with the Total Estimated Number of Annual BILLING CODE 4000–01–P Paperwork Reduction Act of 1995, ED is Burden Hours: 95. proposing a new information collection. Abstract: This is a congressionally- mandated evaluation of the scholarship DEPARTMENT OF ENERGY DATES: Interested persons are invited to component of the Gaining Early submit comments on or before March Awareness and Readiness for Federal Energy Regulatory 12, 2021. Undergraduate Programs (GEAR UP) Commission ADDRESSES: Written comments and program. Established in the 1998 Higher recommendations for proposed Education Act (HEA), GEAR UP [Docket No. ER21–1036–000] information collection requests should provides competitive, multi-year grants be sent within 30 days of publication of Griddy Energy LLC; Supplemental to states and local partnerships to Notice That Initial Market-Based Rate this notice to www.reginfo.gov/public/ prepare students attending high-poverty do/PRAMain. Find this information Filing Includes Request for Blanket middle and high schools for college Section 204 Authorization collection request by selecting enrollment and success. State grantees ‘‘Department of Education’’ under must use at least half of their funds to This is a supplemental notice in the ‘‘Currently Under Review,’’ then check provide college scholarships to GEAR above-referenced Griddy Energy LLC’s ‘‘Only Show ICR for Public Comment’’ UP students unless they receive a application for market-based rate checkbox. Comments may also be sent waiver from the U.S. Department of authority, with an accompanying rate to [email protected]. Education (ED). tariff, noting that such application FOR FURTHER INFORMATION CONTACT: For How GEAR UP grantees provide includes a request for blanket specific questions related to collection scholarships to support students’ authorization, under 18 CFR part 34, of

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future issuances of securities and Enter the docket number excluding the decisional record of the proceeding. assumptions of liability. last three digits in the docket number Unless the Commission determines that Any person desiring to intervene or to field to access the document. At this the prohibited communication and any protest should file with the Federal time, the Commission has suspended responses thereto should become a part Energy Regulatory Commission, 888 access to the Commission’s Public of the decisional record, the prohibited First Street NE, Washington, DC 20426, Reference Room, due to the off-the-record communication will not in accordance with Rules 211 and 214 proclamation declaring a National be considered by the Commission in of the Commission’s Rules of Practice Emergency concerning the Novel reaching its decision. Parties to a and Procedure (18 CFR 385.211 and Coronavirus Disease (COVID–19), issued proceeding may seek the opportunity to 385.214). Anyone filing a motion to by the President on March 13, 2020. For respond to any facts or contentions intervene or protest must serve a copy assistance, contact the Federal Energy made in a prohibited off-the-record of that document on the Applicant. Regulatory Commission at communication and may request that Notice is hereby given that the [email protected] or call the Commission place the prohibited deadline for filing protests with regard toll-free, (886) 208–3676 or TYY, (202) communication and responses thereto to the applicant’s request for blanket 502–8659. in the decisional record. The authorization, under 18 CFR part 34, of Dated: February 4, 2021. Commission will grant such a request future issuances of securities and Nathaniel J. Davis, Sr., only when it determines that fairness so assumptions of liability, is February 24, requires. Any person identified below as Deputy Secretary. 2021. having made a prohibited off-the-record The Commission encourages [FR Doc. 2021–02730 Filed 2–9–21; 8:45 am] communication shall serve the electronic submission of protests and BILLING CODE 6717–01–P document on all parties listed on the interventions in lieu of paper, using the official service list for the applicable proceeding in accordance with Rule FERC Online links at http:// DEPARTMENT OF ENERGY www.ferc.gov. To facilitate electronic 2010, 18 CFR 385.2010. service, persons with internet access Federal Energy Regulatory Exempt off-the-record who will eFile a document and/or be Commission communications are included in the listed as a contact for an intervenor decisional record of the proceeding, must create and validate an [Docket No. RM98–1–000] unless the communication was with a eRegistration account using the cooperating agency as described by 40 Records Governing Off-the-Record eRegistration link. Select the eFiling CFR 1501.6, made under 18 CFR Communications; Public Notice link to log on and submit the 385.2201(e)(1)(v). intervention or protests. This constitutes notice, in accordance The following is a list of off-the- Persons unable to file electronically with 18 CFR 385.2201(b), of the receipt record communications recently may mail similar pleadings to the of prohibited and exempt off-the-record received by the Secretary of the Federal Energy Regulatory Commission, communications. Commission. The communications 888 First Street NE, Washington, DC Order No. 607 (64 FR 51222, listed are grouped by docket numbers in 20426. Hand delivered submissions in September 22, 1999) requires ascending order. These filings are docketed proceedings should be Commission decisional employees, who available for electronic review at the delivered to Health and Human make or receive a prohibited or exempt Commission in the Public Reference Services, 12225 Wilkins Avenue, off-the-record communication relevant Room or may be viewed on the Rockville, Maryland 20852. to the merits of a contested proceeding, Commission’s website at http:// In addition to publishing the full text to deliver to the Secretary of the www.ferc.gov using the eLibrary link. of this document in the Federal Commission, a copy of the Enter the docket number, excluding the Register, the Commission provides all communication, if written, or a last three digits, in the docket number interested persons an opportunity to summary of the substance of any oral field to access the document. For view and/or print the contents of this communication. assistance, please contact FERC Online document via the internet through the Prohibited communications are Support at FERCOnlineSupport@ Commission’s Home Page (http:// included in a public, non-decisional file ferc.gov or toll free at (866) 208–3676, or ferc.gov) using the ‘‘eLibrary’’ link. associated with, but not a part of, the for TTY, contact (202) 502–8659.

Docket No. File date Presenter or requester

Prohibited: None Exempt: 1. CP17–458–000 ...... 10–7–2020 U.S. Representative Tom Cole. 2. CP17–458–000 ...... 10–8–2020 U.S. Representative Tom Cole. 3. CP17–458–000 ...... 10–8–2020 U.S. Representative Tom Cole. 4. CP17–458–000 ...... 10–8–2020 U.S. Representative Tom Cole. 5. CP17–458–000 ...... 10–8–2020 U.S. Representative Tom Cole. 6. CP17–458–000 ...... 10–8–2020 U.S. Representative Tom Cole.

Dated: February 4, 2021. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2021–02729 Filed 2–9–21; 8:45 am] BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Description: § 205(d) Rate Filing: ENVIRONMENTAL PROTECTION 2021–02–04_SA 2988 MidAmerican- AGENCY Federal Energy Regulatory MidAmerican 3rd Rev GIA (J500) to be Commission [EPA–HQ–OPPT–2020–0077; FRL–10019– effective 1/22/2021. 74] Filed Date: 2/4/21. Combined Notice of Filings #1 Accession Number: 20210204–5029. Certain New Chemicals; Receipt and Take notice that the Commission Comments Due: 5 p.m. ET 2/25/21. Status Information for December 2020 received the following electric rate Docket Numbers: ER21–1043–000. AGENCY: Environmental Protection filings: Applicants: Southern California Agency (EPA). Docket Numbers: ER10–2265–018; Edison Company. ACTION: Notice. ER10–1581–024; ER10–2783–016; Description: Tariff Cancellation: ER10–2784–016; ER10–2969–016; Cancel DSA & IFA Alta Mesa Power SUMMARY: EPA is required under the ER11–1846–009; ER11–1847–009; Partners, LLC SA No. 28 & 29 WDT042 Toxic Substances Control Act (TSCA), ER11–1850–009; ER11–2062–026; to be effective 4/6/2021. as amended by the Frank R. Lautenberg ER11–2175–004; ER11–2176–003; Filed Date: 2/4/21. Chemical Safety for the 21st Century ER11–2598–012; ER11–3188–004; Accession Number: 20210204–5070. Act, to make information publicly ER11–3418–006; ER11–4307–027; available and to publish information in Comments Due: 5 p.m. ET 2/25/21. ER11–4308–027; ER12–224–005; ER12– the Federal Register pertaining to 225–005; ER12–2301–004; ER12–261– Docket Numbers: ER21–1044–000. submissions under TSCA Section 5, 026; ER13–1192–006; ER17–764–004; Applicants: Tri-State Generation and including notice of receipt of a ER17–765–004; ER17–767–004. Transmission Association, Inc. Premanufacture notice (PMN), Applicants: NRG Power Marketing Description: § 205(d) Rate Filing: Significant New Use Notice (SNUN) or LLC, Arthur Kill Power LLC, Astoria Amendment to Tri-State Rate Schedule Microbial Commercial Activity Notice Gas Turbine Power LLC, Direct Energy FERC No. 252 to be effective 11/24/ (MCAN), including an amended notice Business, LLC, Direct Energy Business 2020. or test information; an exemption Marketing, LLC, Direct Energy Filed Date: 2/4/21. application (Biotech exemption); an Marketing Inc., Direct Energy Services, Accession Number: 20210204–5122. application for a test marketing LLC, Energy Plus Holdings LLC, Comments Due: 5 p.m. ET 2/25/21. exemption (TME), both pending and/or concluded; a notice of commencement Gateway Energy Services Corporation, Docket Numbers: ER21–1045–000. Green Mountain Energy Company, (NOC) of manufacture (including Applicants: PJM Interconnection, Independence Energy Group LLC, Long import) for new chemical substances; L.L.C. Beach Peakers LLC, Oswego Harbor and a periodic status report on new Description: § 205(d) Rate Filing: Power LLC, Reliant Energy Northeast chemical substances that are currently Original ISA, Service Agreement No. LLC, SGE Energy Sourcing, LLC, Stream under EPA review or have recently 5887; Queue No. AF2–045 to be Energy Columbia, LLC, Stream Energy concluded review. This document effective 1/5/2021. Delaware, LLC, Stream Energy Illinois, covers the period from 12/01/2020 to LLC, Stream Energy Maryland, LLC, Filed Date: 2/4/21. 12/31/2020. Stream Energy New Jersey, LLC, Stream Accession Number: 20210204–5123. DATES: Comments identified by the Energy New York, LLC, Stream Ohio Comments Due: 5 p.m. ET 2/25/21. specific case number provided in this Gas & Electric, LLC, XOOM Energy, The filings are accessible in the document must be received on or before LLC, Stream Energy Pennsylvania, LLC. Commission’s eLibrary system (https:// March 12, 2021. Description: Notice of Change in elibrary.ferc.gov/idmws/search/ ADDRESSES: Submit your comments, Status of NRG Power Marketing LLC, et fercgensearch.asp) by querying the identified by docket identification (ID) al. docket number. number EPA–HQ–OPPT–2020–0077, Filed Date: 2/3/21. Any person desiring to intervene or and the specific case number for the Accession Number: 20210203–5168. protest in any of the above proceedings chemical substance related to your Comments Due: 5 p.m. ET 2/24/21. must file in accordance with Rules 211 comment, by one of the following Docket Numbers: ER21–736–001. and 214 of the Commission’s methods: Applicants: RE Slate 1 LLC. Regulations (18 CFR 385.211 and • Federal eRulemaking Portal: http:// Description: Tariff Amendment: 385.214) on or before 5:00 p.m. Eastern www.regulations.gov. Follow the online Supplement to Petition for Market- time on the specified comment date. instructions for submitting comments. Based Rate Authority to be effective 1/ Protests may be considered, but Do not submit electronically any 25/2021. intervention is necessary to become a information you consider to be Filed Date: 2/4/21. party to the proceeding. Confidential Business Information (CBI) Accession Number: 20210204–5079. eFiling is encouraged. More detailed or other information whose disclosure is Comments Due: 5 p.m. ET 2/16/21. information relating to filing restricted by statute. Docket Numbers: ER21–908–000. requirements, interventions, protests, • Mail: Document Control Office Applicants: Western Aeon Energy service, and qualifying facilities filings (7407M), Office of Pollution Prevention Trading LLC. can be found at: http://www.ferc.gov/ and Toxics (OPPT), Environmental Description: Amendment to January docs-filing/efiling/filing-req.pdf. For Protection Agency, 1200 Pennsylvania 15, 2021 Western Aeon Energy Trading other information, call (866) 208–3676 Ave. NW, Washington, DC 20460–0001. LLC tariff filing. (toll free). For TTY, call (202) 502–8659. • Hand Delivery: To make special Filed Date: 2/3/21. arrangements for hand delivery or Dated: February 4, 2021. Accession Number: 20210203–5160. delivery of boxed information, please Comments Due: 5 p.m. ET 2/24/21. Nathaniel J. Davis, Sr., follow the instructions at http:// Docket Numbers: ER21–1042–000. Deputy Secretary. www.epa.gov/dockets/contacts.html. Applicants: Midcontinent [FR Doc. 2021–02732 Filed 2–9–21; 8:45 am] Additional instructions on Independent System Operator, Inc. BILLING CODE 6717–01–P commenting or visiting the docket,

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along with more information about TSCA Inventory please go to: https:// you mail to EPA, mark the outside of the dockets generally, is available at http:// www.epa.gov/tsca-inventory. disk or CD–ROM as CBI and then www.epa.gov/dockets. Any person who intends to identify electronically within the disk or FOR FURTHER INFORMATION CONTACT: manufacture (including import) a new CD–ROM the specific information that For technical information contact: Jim chemical substance for a non-exempt is claimed as CBI. In addition to one Rahai, Project Management and commercial purpose, or to manufacture complete version of the comment that Operations Division (7407M), Office of or process a chemical substance in a includes information claimed as CBI, a Pollution Prevention and Toxics, non-exempt manner for a use that EPA copy of the comment that does not Environmental Protection Agency, 1200 has determined is a significant new use, contain the information claimed as CBI Pennsylvania Ave. NW, Washington, DC is required by TSCA section 5 to must be submitted for inclusion in the 20460–0001; telephone number: (202) provide EPA with a PMN, MCAN or public docket. Information so marked 564–8593; email address: rahai.jim@ SNUN, as appropriate, before initiating will not be disclosed except in epa.gov. the activity. EPA will review the notice, accordance with procedures set forth in make a risk determination on the 40 CFR part 2. For general information contact: The 2. Tips for preparing your comments. TSCA-Hotline, ABVI-Goodwill, 422 chemical substance or significant new use, and take appropriate action as When preparing and submitting your South Clinton Ave., Rochester, NY comments, see the commenting tips at 14620; telephone number: (202) 554– described in TSCA section 5(a)(3). TSCA section 5(h)(1) authorizes EPA http://www.epa.gov/dockets/ 1404; email address: TSCA-Hotline@ to allow persons, upon application and comments.html. epa.gov. under appropriate restrictions, to II. Status Reports SUPPLEMENTARY INFORMATION: manufacture or process a new chemical In the past, EPA has published I. Executive Summary substance, or a chemical substance subject to a significant new use rule individual notices reflecting the status What action is the Agency taking? (SNUR) issued under TSCA section of TSCA section 5 filings received, pending or concluded. In 1995, the This document provides the receipt 5(a)(2), for ‘‘test marketing’’ purposes, upon a showing that the manufacture, Agency modified its approach and and status reports for the period from streamlined the information published 12/01/2020 to 12/31/2020. The Agency processing, distribution in commerce, use, and disposal of the chemical will in the Federal Register after providing is providing notice of receipt of PMNs, notice of such changes to the public and SNUNs and MCANs (including not present an unreasonable risk of injury to health or the environment. an opportunity to comment (See the amended notices and test information); Federal Register of May 12, 1995, (60 an exemption application under 40 CFR This is referred to as a test marketing exemption, or TME. For more FR 25798) (FRL–4942–7). Since the part 725 (Biotech exemption); TMEs, passage of the Lautenberg amendments both pending and/or concluded; NOCs information about the requirements applicable to a new chemical go to: to TSCA in 2016, public interest in to manufacture a new chemical information on the status of section 5 substance; and a periodic status report http://www.epa.gov/oppt/newchems. Under TSCA sections 5 and 8 and cases under EPA review and, in on new chemical substances that are EPA regulations, EPA is required to particular, the final determination of currently under EPA review or have publish in the Federal Register certain such cases, has increased. In an effort to recently concluded review. information, including notice of receipt be responsive to the regulated EPA is also providing information on of a PMN/SNUN/MCAN (including community, the users of this its website about cases reviewed under amended notices and test information); information, and the general public, to the amended TSCA, including the an exemption application under 40 CFR comply with the requirements of TSCA, section 5 PMN/SNUN/MCAN and part 725 (biotech exemption); an to conserve EPA resources and to exemption notices received, the date of application for a TME, both pending streamline the process and make it more receipt, the final EPA determination on and concluded; NOCs to manufacture a timely, EPA is providing information on the notice, and the effective date of new chemical substance; and a periodic its website about cases reviewed under EPA’s determination for PMN/SNUN/ status report on the new chemical the amended TSCA, including the MCAN notices on its website at: https:// substances that are currently under EPA section 5 PMN/SNUN/MCAN and www.epa.gov/reviewing-new-chemicals- review or have recently concluded exemption notices received, the date of under-toxic-substances-control-act-tsca/ review. receipt, the final EPA determination on status-pre-manufacture-notices. This the notice, and the effective date of information is updated on a weekly C. Does this action apply to me? EPA’s determination for PMN/SNUN/ basis. This action provides information that MCAN notices on its website at: https:// B. What is the Agency’s authority for is directed to the public in general. www.epa.gov/reviewing-new-chemicals- taking this action? under-toxic-substances-control-act-tsca/ D. Does this action have any status-pre-manufacture-notices. This Under the Toxic Substances Control incremental economic impacts or information is updated on a weekly Act (TSCA), 15 U.S.C. 2601 et seq., a paperwork burdens? basis. chemical substance may be either an No. ‘‘existing’’ chemical substance or a III. Receipt Reports ‘‘new’’ chemical substance. Any E. What should I consider as I prepare For the PMN/SNUN/MCANs that chemical substance that is not on EPA’s my comments for EPA? have passed an initial screening by EPA TSCA Inventory of Chemical Substances 1. Submitting confidential business during this period, Table I provides the (TSCA Inventory) is classified as a ‘‘new information (CBI). Do not submit this following information (to the extent that chemical substance,’’ while a chemical information to EPA through such information is not subject to a CBI substance that is listed on the TSCA regulations.gov or email. Clearly mark claim) on the notices screened by EPA Inventory is classified as an ‘‘existing the part or all of the information that during this period: The EPA case chemical substance.’’ (See TSCA section you claim to be CBI. For CBI number assigned to the notice that 3(11).) For more information about the information in a disk or CD–ROM that indicates whether the submission is an

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initial submission, or an amendment, a provided by the submitter, and (G) 1234A). The version column designates notation of which version was received, indicates that this information in the submissions in sequence as ‘‘1’’, ‘‘2’’, the date the notice was received by EPA, table is generic information because the ‘‘3’’, etc. Note that in some cases, an the submitting manufacturer (i.e., specific information provided by the initial submission is not numbered as domestic producer or importer), the submitter was claimed as CBI. version 1; this is because earlier potential uses identified by the Submissions which are initial version(s) were rejected as incomplete manufacturer in the notice, and the submissions will not have a letter or invalid submissions. Note also that chemical substance identity. following the case number. Submissions future versions of the following tables As used in each of the tables in this which are amendments to previous may adjust slightly as the Agency works unit, (S) indicates that the information submissions will have a case number to automate population of the data in in the table is the specific information followed by the letter ‘‘A’’ (e.g., P–18– the tables. TABLE I—PMN/SNUN/MCANS APPROVED * FROM 12/01/2020 TO 12/31/2020

Received Case No. Version date Manufacturer Use Chemical substance

J–21–0002 ...... 2 12/02/2020 CBI ...... (G) Ethanol production ...... (G) Saccharomyces cerevisiae modified. J–21–0003 ...... 2 12/02/2020 CBI ...... (G) Ethanol production ...... (G) Saccharomyces cerevisiae modified. P–17–0263A ...... 5 12/09/2020 CBI ...... (G) Most paint formulators will add less than 5% (G) Zirconium carboxylates sodium complexes. of Borchi Gel NA that contains 50% of the PMN substance to make their formulated product volume. (i.e., 10-gallon batch would contain 0.5 gallon of our product (0.25gal of PMN substance). P–18–0057A ...... 15 12/08/2020 CBI ...... (S) a drier accelerator that is used for superior (G) Vanadium Carboxylate. drying performance in solvent-borne and wa- terborne air-dried paints, inks and coatings. P–19–0165A ...... 4 12/16/2020 Arboris, LLC ...... (G) Plasticizer in rubber, Additive for asphalt ...... (G) Tall oil pitch, fraction, sterol-low. P–20–0058A ...... 4 12/01/2020 CBI ...... (G) Additive for automatic dishwashing, Additive (G) Polysaccharide, polymer with unsaturated for hard surface cleaner. carboxylic acid and methacryloxyethyltrimethyl ammonium chloride, sodium salt, acid salt initi- ated. P–20–0058A ...... 5 12/08/2020 CBI ...... (G) Additive for automatic dishwashing, Additive (G) Polysaccharide, polymer with unsaturated for hard surface cleaner. carboxylic acid and methacryloxyethyltrimethyl ammonium chloride, sodium salt, acid salt initi- ated. P–20–0078A ...... 3 12/28/2020 Ascend Perform- (G) Stabilizer for industrial applications ...... (G) Dicarboxylic acid, compd. with aminoalkyl- ance Materials. alkyldiamine alkyldioate alkyldioate (1:2:1:1). P–20–0078A ...... 4 12/28/2020 Ascend Perform- (G) Stabilizer for industrial applications ...... (G) Dicarboxylic acid, compd. with aminoalkyl- ance Materials. alkyldiamine alkyldioate alkyldioate (1:2:1:1). P–20–0078A ...... 5 12/28/2020 Ascend Perform- (G) Stabilizer for industrial applications ...... (G) Dicarboxylic acid, compd. with aminoalkyl- ance Materials. alkyldiamine alkyldioate alkyldioate (1:2:1:1). P–20–0079A ...... 3 12/28/2020 Ascend Perform- (G) Stabilizer for industrial applications ...... (G) Dicarboxylic acid, compd. with aminoalkyl- ance Materials. alkyldiamine (3:2). P–20–0079A ...... 4 12/28/2020 Ascend Perform- (G) Stabilizer for industrial applications ...... (G) Dicarboxylic acid, compd. with aminoalkyl- ance Materials. alkyldiamine (3:2). P–20–0079A ...... 5 12/28/2020 Ascend Perform- (G) Stabilizer for industrial applications ...... (G) Dicarboxylic acid, compd. with aminoalkyl- ance Materials. alkyldiamine (3:2). P–20–0080A ...... 6 12/28/2020 Ascend Perform- (G) Stabilizer for industrial applications ...... (G) Alkyldiamine, aminoalkyl-, hydrochloride ance Materials. (1:3). P–20–0080A ...... 7 12/28/2020 Ascend Perform- (G) Stabilizer for industrial applications ...... (G) Alkyldiamine, aminoalkyl-, hydrochloride ance Materials. (1:3). P–20–0081A ...... 6 12/28/2020 Ascend Perform- (G) A stabilizer for industrial applications ...... (G) Carboxylic acid, compd. with aminoalkyl- ance Materials. alkyldiamine (3:1). P–20–0081A ...... 7 12/28/2020 Ascend Perform- (G) A stabilizer for industrial applications ...... (G) Carboxylic acid, compd. with aminoalkyl- ance Materials. alkyldiamine (3:1). P–20–0082A ...... 6 12/28/2020 Ascend Perform- (G) Stabilizer for industrial applications ...... (G) Alkyldiamine, aminoalkyl-, carboxylate (1:3). ance Materials. P–20–0082A ...... 7 12/28/2020 Ascend Perform- (G) Stabilizer for industrial applications ...... (G) Alkyldiamine, aminoalkyl-, carboxylate (1:3). ance Materials. P–20–0128A ...... 2 12/16/2020 CBI ...... (G) Additive in Household consumer products .... (S) 2-Oxiraneacetic acid, 3-ethyl-, 1-(3,3 dimethylcyclohexyl)ethyl ester. P–20–0169A ...... 4 11/30/2020 CBI ...... (G) Battery Plastics and coatings applications, (S) multiwalled carbon nanotube. Conductive agent for conductive plastic and paint. P–20–0173A ...... 2 12/07/2020 ICM Products Inc (G) Use as a Coating Additive ...... (G) Silsesquioxanes, alkyl, alkoxy- and hydroxy- terminated. P–20–0180A ...... 2 12/09/2020 Evonik Degussa (S) Curing agent for Industrial epoxy Composite (S) Cyclohexanemethanamine,5-amino-1,3,3- Corporation. trimethy-, N-sec-Bu dervis. P–21–0010 ...... 3 12/16/2020 Evonik Degussa (S) 3D Printing ...... (S) 1,3-Benzenedicarboxylic acid, polymer with Corporation. 2,2-dimethyl-1,3-propanediol, 1,2-ethanediol, 2- ethyl-2-(hydroxymethyl)- 1,3-propanediol, hexanedioic acid, 1,6-hexanediol and 1,3- isobenzofurandione, N-[[1,3,3-trimethyl-5-[[[2- [(1-oxo-2- propen-1-yl) oxy]ethoxy]carbonyl]amino]cyclohexyl]methyl] carbamate N-[3,3,5-trimethyl-5-[[[[2-[(1-oxo-2- propen-1- yl)oxy]ethoxy]carbonyl]amino]methyl]cyclohexyl]carbamate.

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TABLE I—PMN/SNUN/MCANS APPROVED * FROM 12/01/2020 TO 12/31/2020—Continued

Received Case No. Version date Manufacturer Use Chemical substance

P–21–0021 ...... 4 12/16/2020 J6 Polymers ...... (S) Raw material to be blending into R-side com- (S) Soybean oil, mixed esters with diethylene ponents of the polyurethane and glycol, phthalic acid and terephthalic acid. polyisocyanurate industry. Specifically used in slabstock/bunstock processing of foam. P–21–0024 ...... 2 12/07/2020 CBI ...... (G) lamination catalyst ...... (G) Sulfur acid, compd. with bis-alkanolamine (1:1). P–21–0025 ...... 2 12/07/2020 CBI ...... (G) lamination catalyst ...... (G) Sulfur acid, compd. with bis-alkanolamine (1:1). P–21–0026 ...... 2 12/07/2020 CBI ...... (G) lamination catalyst ...... (G) Sulfur acid, compd. with bis-alkanolamine (1:1). P–21–0031 ...... 2 12/10/2020 Omnium Inter- (S) Used as a component in a mineral oil based (S) Isooctadecanoic acid, compd. with N- national. anticorrosion oil. Two applications for the cyclohexylcyclohexanamine (1:1). anticorrosion oil are for use in cavities, inte- riors and closed systems and for protection of large metal parts against corrosion. P–21–0037 ...... 1 12/11/2020 Sinova Special- (S) Used as a viscosity modifier in commercial (S) [1,1′-Biphenyl]-3,3′,4,4′-tetracarboxamide, ties, Inc. and consumer engine oil. N3,N3′,N4,N4′-tetraoctyl. P–21–0038 ...... 1 12/11/2020 Sinova Special- (S) Used as a viscosity modifier in commercial (S) [1,1′-Biphenyl]-3,3′,4,4′-tetracarboxamide, N3, ties, Inc. and consumer engine oil. N3′, N4, N4′-tetradodecyl-. P–21–0039 ...... 1 12/11/2020 Sinova Special- (S) Part of a series of chemicals used as vis- (S) 1,2,4,5-Benzenetetracarboxamide, N1, N2, ties, Inc. cosity modifiers in commercial and consumer N4, N5-tetrahexyl-. engine oil. P–21–0040 ...... 1 12/11/2020 Sinova Special- (S) Part of a series of chemicals used as vis- (S) 1,2,4,5-Benzenetetracarboxamide, ties, Inc. cosity modifiers in commercial and consumer N1,N2,N4,N5-tetraoctyl-. engine oil. P–21–0041 ...... 1 12/11/2020 Sinova Special- (S) Part of a series of chemicals used as vis- (S) 1,2,4,5-Benzenetetracarboxamide, ties, Inc. cosity modifiers in commercial and consumer N1,N2,N4,N5-tetradodecyl-. engine oil. P–21–0042 ...... 1 12/15/2020 CBI ...... (G) Photolithography ...... (G) Sulfonium, tricarbocyclic-, 2-heteroatom-substituted-4-(alkyl)carbomonocyclic carboxylate (1:1). P–21–0043 ...... 1 12/16/2020 Advanced Poly- (S) Component in protective coatings that pro- (G) Glycidyl ether of (formaldehyde, polymer with mer Coatings. vides chemical resistance. mixed phenols). P–21–0044 ...... 1 12/17/2020 CBI ...... (G) Monomer ...... (G) Alkenoic acid, polyhaloalkyl ester. P–21–0045 ...... 1 12/17/2020 CBI ...... (G) Monomer ...... (G) Alkenoic acid, alkyl-substituted, polyhaloalkyl ester. P–21–0046 ...... 1 12/17/2020 CBI ...... (G) Monomer ...... (G) Alkanoic acid, polyhalo-, halo-oxo-alkenyl- oxo-alkyl ester. P–21–0047 ...... 1 12/17/2020 CBI ...... (G) Monomer ...... (G) Alkenoic acid, halo-substituted-polyhalo-alkyl ester. P–21–0049 ...... 1 12/18/2020 CBI ...... (G) Monomer ...... (G) Alkanoic acid, polyhalo-(halo-oxo-alkenyl)oxyalkyl ester. P–21–0050 ...... 1 12/18/2020 CBI ...... (G) Monomer ...... (G) Alkenoic acid, halo-polylhaloalkyl ester. SN–20–0006A .... 3 12/18/2020 CBI ...... (G) Color Developer ...... (S) Phenol, 4,4′-[1-[4-[1-(4-hydroxyphenyl)-1- methylethyl]phenyl]ethylidene]bis-. SN–21–0001 ...... 1 12/07/2020 CBI ...... (S) Chelating agent for use in hard surface (S) Glycine, N-(carboxymethyl)-N-[2- cleaning (and disinfection), Chelating agent for [(carboxymethyl)amino]ethyl]-, sodium salt use in laundry detergent. (1:3). SN–21–0001A .... 2 12/14/2020 CBI ...... (S) Chelating agent for use in hard surface (S) Glycine, N-(carboxymethyl)-N-[2- cleaning (and disinfection), Chelating agent for [(carboxymethyl)amino]ethyl]-, sodium salt use in laundry detergent. (1:3). * The term ‘Approved’ indicates that a submission has passed a quick initial screen ensuring all required information and documents have been provided with the submission prior to the start of the 90-day review period, and in no way reflects the final status of a complete submission review.

In Table II of this unit, EPA provides to the NOC including whether the type of amendment (e.g., amendment to the following information (to the extent submission was an initial or amended generic name, specific name, technical that such information is not claimed as submission, the date the NOC was contact information, etc.) and chemical CBI) on the NOCs that have passed an received by EPA, the date of substance identity. initial screening by EPA during this commencement provided by the period: The EPA case number assigned submitter in the NOC, a notation of the

TABLE II—NOCS APPROVED * FROM 12/01/2020 TO 12/31/2020

If amendment, Case No. Received date Commence- type of Chemical substance ment date amendment

J–20–0008 ...... 12/08/2020 11/19/2020 N ...... (G) Biofuel producing saccharomyces cerevisiae modified, genetically stable. P–11–0386 ...... 12/23/2020 12/04/2020 N ...... (S) Nonanoic acid, ammonium salt. P–14–0412 ...... 12/11/2020 12/03/2020 N ...... (G) Akyl diol, polymer with alkyldiisocycanate,.alpha-hydro-.omega. hydroxypoly(oxy-alkyldiyl), alkyloxirane, oxirane either with diol. P–17–0086A ...... 12/10/2020 07/31/2020 Withdrew CBI (S) Cyclohexane, 1,4-bis(ethoxymethyl)-, trans-. claim.

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TABLE II—NOCS APPROVED * FROM 12/01/2020 TO 12/31/2020—Continued

If amendment, Case No. Received date Commence- type of Chemical substance ment date amendment

P–18–0318 ...... 11/30/2020 11/10/2020 N ...... (S) 1-octadecanaminium, n,n-dimethyl-n-[3-(triethoxysilyl)propyl]-, chloride (1:1). P–19–0062 ...... 12/18/2020 12/15/2020 N ...... (S) 1-propene, 1-chloro-2,3,3-trifluoro-, (1e)-. P–19–0082 ...... 12/01/2020 12/01/2020 N ...... (S) Heptanal, 6-hydroxy-2,6-dimethyl-. P–20–0008 ...... 12/11/2020 11/13/2020 N ...... (G) 7-heteropolycyclicsulfonic acid, 2-[4-[2-[1-[[(2-methoxy-5-methyl-4- sulfophenyl)amino]carbonyl]-2-oxopropyl]diazenyl]phenyl]-6-methyl-, compd. with (alkylamino)alkanol and (hydroxyalkyl)amine. P–20–0046 ...... 12/02/2020 10/31/2020 N ...... (G) Reaction products of alkyl-terminated alkylalumuminoxanes and {[(pentaalkylphenyl-(pentaalkylphenyl)amino)alkyl]alkanediaminato} bis(aralkyl) transition metal coordination compound. P–20–0048 ...... 12/02/2020 10/31/2020 N ...... (G) Aluminoxanes, me, me group-terminated, reaction products with bis[(1,2,3,4,5, eta)-1-butyl-2,4-cyclopentadien-1- yl]dichlorozirconium. P–20–0102 ...... 12/22/2020 12/17/2020 N ...... (S) Coal, brown, ammoxidized. P–20–0143 ...... 12/15/2020 11/01/2020 N ...... (S) Cyclohexanemethanamine, 5-amino-1,3,3-trimethyl-, polymer with alpha-hydro-omega-hydroxypoly(oxy-1,4-butanediyl), 5-isocyanato- 1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane, and 1,1′- methylenebis[4-isocyanatobenzene]. P–20–0146 ...... 12/04/2020 11/12/2020 N ...... (G) Alkanoic acid, alkyl, carbopolycyclic alkyl ester. * The term ‘Approved’ indicates that a submission has passed a quick initial screen ensuring all required information and documents have been provided with the submission.

In Table III of this unit, EPA provides been received during this time-period: type of test information submitted, and the following information (to the extent The EPA case number assigned to the chemical substance identity. such information is not subject to a CBI test information; the date the test claim) on the test information that has information was received by EPA, the

TABLE III—TEST INFORMATION RECEIVED FROM 12/01/2020 TO 12/31/2020

Case No. Received date Type of test information Chemical substance

P–13–0679 .. 12/08/2020 Annual Report of Impurities ...... (G) Fluoroalkyl acrylate copolymer. P–16–0543 .. 12/18/2020 Exposure Monitoring Report November 2020 ...... (G) Halogenophosphoric acid metal salt. P–16–0543 .. 12/17/2020 Exposure Monitoring Report October 2020 ...... (G) Halogenophosphoric acid metal salt. P–21–0018 .. 12/04/2020 Phototransformation of chemicals in Water—Direct (G) Sulfonium, triphenyl-, heterocyclic compound- Photolysis (OECD Test Guideline 316). carboxylate (1:1).

If you are interested in information ENVIRONMENTAL PROTECTION that would merit its further review of that is not included in these tables, you AGENCY the requests, or unless the registrants may contact EPA’s technical withdraw their requests. If these information contact or general [EPA–HQ–OPP–2020–0060; FRL–10016–15] requests are granted, any sale, information contact as described under distribution, or use of products listed in Notice of Receipt of Requests to FOR FURTHER INFORMATION CONTACT to this notice will be permitted after the Voluntarily Cancel Certain Pesticide access additional non-CBI information registrations have been cancelled and Registrations and Amend that may be available. uses terminated only if such sale, Registrations To Terminate Certain distribution, or use is consistent with Authority: 15 U.S.C. 2601 et seq. Uses the terms as described in the final order. Dated: January 14, 2021. AGENCY: Environmental Protection DATES: Comments must be received on Pamela Myrick, Agency (EPA). or before March 12, 2021. Director, Project Management and Operations ACTION: Notice. ADDRESSES: Submit your comments, Division, Office of Pollution Prevention and identified by docket identification (ID) Toxics. SUMMARY: In accordance with the number EPA–HQ–OPP–2020–0060, by [FR Doc. 2021–02728 Filed 2–9–21; 8:45 am] Federal Insecticide, Fungicide, and one of the following methods: BILLING CODE 6560–50–P Rodenticide Act (FIFRA), EPA is issuing Federal eRulemaking Portal: http:// a notice of receipt of requests by the www.regulations.gov. Follow the online registrants to voluntarily cancel certain instructions for submitting comments. pesticide product registrations and to Do not submit electronically any amend certain product registrations to information you consider to be terminate uses. EPA intends to grant Confidential Business Information (CBI) these requests at the close of the or other information whose disclosure is comment period for this announcement restricted by statute. unless the Agency receives substantive Mail: OPP Docket, Environmental comments within the comment period Protection Agency Docket Center (EPA/

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DC), (28221T), 1200 Pennsylvania Ave. SUPPLEMENTARY INFORMATION: includes information claimed as CBI, a NW, Washington, DC 20460–0001. copy of the comment that does not I. General Information Submit written withdrawal request by contain the information claimed as CBI mail: Christopher Green, Registration A. Does this action apply to me? must be submitted for inclusion in the Division (7502P), Office of Pesticide This action is directed to the public public docket. Information so marked Programs, Environmental Protection in general and may be of interest to a will not be disclosed except in Agency, 1200 Pennsylvania Ave. NW, wide range of stakeholders including accordance with procedures set forth in Washington, DC 20460–0001. environmental, human health, and 40 CFR part 2. Hand Delivery: To make special agricultural advocates; the chemical 2. Tips for preparing your comments. arrangements for hand delivery or industry; pesticide users; and members When preparing and submitting your delivery of boxed information, please of the public interested in the sale, comments, see the commenting tips at follow the instructions at http:// distribution, or use of pesticides. Since http://www.epa.gov/dockets/ www.epa.gov/dockets/contacts.html. others also may be interested, the comments.html. Due to the public health concerns Agency has not attempted to describe all II. What action is the Agency taking? related to COVID–19, the EPA Docket the specific entities that may be affected Center (EPA/DC) and Reading Room is by this action. This notice announces receipt by EPA closed to visitors with limited of requests from registrants to cancel exceptions. The staff continues to B. What should I consider as I prepare certain pesticide products and amend provide remote customer service via my comments for EPA? product registrations to terminate email, phone, and webform. For the 1. Submitting CBI. Do not submit this certain uses registered under FIFRA latest status information on EPA/DC information to EPA through section 3 (7 U.S.C. 136a) or 24(c) (7 services and docket access, visit https:// regulations.gov or email. Clearly mark U.S.C. 136v(c)). The affected products www.epa.gov/dockets. the part or all of the information that and the registrants making the requests FOR FURTHER INFORMATION CONTACT: you claim to be CBI. For CBI are identified in Tables 1–3 of this unit. Christopher Green, Registration Division information in a disk or CD–ROM that Unless a request is withdrawn by the (7502P), Office of Pesticide Programs, you mail to EPA, mark the outside of the registrant or if the Agency determines Environmental Protection Agency, 1200 disk or CD–ROM as CBI and then that there are substantive comments that Pennsylvania Ave. NW, Washington, DC identify electronically within the disk or warrant further review of this request, 20460–0001; telephone number: (703) CD–ROM the specific information that EPA intends to issue an order in the 347–0367; email address: is claimed as CBI. In addition to one Federal Register canceling and [email protected]. complete version of the comment that amending the affected registrations.

TABLE 1—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration No. Company No. Product name Active ingredients

106–44 ...... 106 Brulin CDQ ...... Alkyl* dimethyl benzyl ammonium chloride *(60%C14, 30%C16, 5%C18, 5%C12) & Alkyl* dimethyl ethylbenzyl ammonium chloride *(68%C12, 32%C14). 228–688 ...... 228 NuFarm Chlormequat Pro Plant Growth Regulator Chlormequat chloride. (Active); NuFarm Chlormequat SPC Plant Growth (Alternate). 241–260 ...... 241 Amdro Granular Insecticide ...... Hydramethylnon. 241–261 ...... 241 Amdro 20 Fireant Insecticide ...... Hydramethylnon. 241–371 ...... 241 Sensible Termiticide Bait ...... Hydramethylnon. 279–3615 ...... 279 F4189–1 ...... Thiamethoxam; Metalaxyl-M; Difenoconazole; Tebuconazole & Thiophanate-methyl. 352–832 ...... 352 Dupont DPX–B2856 3.0 Herbicide ...... Glyphosate-isopropylammonium. 499–530 ...... 499 TC–250 ...... Hydramethylnon. 1007–99 ...... 1007 Nolvasan Solution ...... Chlorhexidine diacetate. 1007–100 ...... 1007 Fort Dodge Nolvasan S (Active); Nolvasan S (Alter- Chlorhexidine diacetate. nate). 1007–101 ...... 1007 Chlorhexidine Diacetate ...... Chlorhexidine diacetate. 1043–87 ...... 1043 Vesphene II Se ...... 4-tert-Amylphenol & o-Phenylphenol (NO INERT USE). 1043–91 ...... 1043 LPH Master Product ...... 4-tert-Amylphenol & o-Phenylphenol (NO INERT USE). 1043–92 ...... 1043 LPH SE ...... 4-tert-Amylphenol & o-Phenylphenol (NO INERT USE). 1258–997 ...... 1258 Pace Pool Chlorinating Type E Cartridge ...... Trichloro-s-triazinetrione. 1258–1083 ...... 1258 Constant Chlor Universal Refillable Cartridge for Trichloro-s-triazinetrione. Floaters and Feeder. 1258–1133 ...... 1258 Pace Disposable Floating Cartridge ...... Trichloro-s-triazinetrione. 1258–1271 ...... 1258 Pool Breeze Pool Care System 3’’ Chlorinating Tab- Trichloro-s-triazinetrione. lets. 1258–1282 ...... 1258 Pool Breeze Pool Care System 1’’ Chlorinating Tab- Trichloro-s-triazinetrione. lets. 1381–213 ...... 1381 Daze 50WP...... Thidiazuron. 1448–428 ...... 1448 GBCH ...... 2,4-Imidazolidinedione, 1-bromo-3-chloro-5,5-dimethyl-.

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TABLE 1—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration No. Company No. Product name Active ingredients

2693–46 ...... 2693 Mil-P–15931B Formula 121/63 Antifouling Paint Vinyl Cuprous oxide. Red. 2693–56 ...... 2693 Mil-P–16189B Formula 129/63 Antifouling Paint, Cuprous oxide. Vinyl Black. 6836–202 ...... 6836 Barquat MM–45 ...... Alkyl* dimethyl benzyl ammonium chloride *(100% C14). 7364–43 ...... 7364 Chlorination Tablets Float Canister ...... Trichloro-s-triazinetrione. 7364–44 ...... 7364 Tabex Chlorination Tablets Feeder Canister ...... Trichloro-s-triazinetrione. 7364–49 ...... 7364 Tabex Replacement Chlorinating Canister ...... Trichloro-s-triazinetrione. 9688–286 ...... 9688 Chemsico Brush Killer Concentrate II ...... 2,4-D, 2-ethylhexyl ester; Dicamba & 2,4-DP-p, 2- ethylhexyl ester. 10807–177 ...... 10807 Misty II Disinfectant & Deodorant ...... Ethanol; 4-tert-Amylphenol & o-Phenylphenol (NO INERT USE). 35935–62 ...... 35935 ET–012 (Active); Chlormequat Chloride Technical Chlormequat chloride. (Alternate). 35935–114 ...... 35935 Imazethapyr Technical...... Imazethapyr. 52287–15 ...... 52287 Harrell’s Granular Herbicide 75 ...... Trifluralin & Oxyfluorfen. 55146–42 ...... 55146 Algae-RHAP CU–7 Liquid Copper Algaecide ...... Copper sulfate pentahydrate. 55146–72 ...... 55146 Agri Tin Agricultural Fungicide ...... Fentin hydroxide. 62719–322 ...... 62719 NAF–545 ...... Glyphosate-isopropylammonium. 62719–323 ...... 62719 Glyphomax ...... Glyphosate-isopropylammonium. 62719–345 ...... 62719 Erase Blue...... Glyphosate-isopropylammonium. 62719–361 ...... 62719 Glyphosate 18% Concentrate Grass and Weed Killer Glyphosate-isopropylammonium. 62719–362 ...... 62719 Glyphosate 0.96% RTU ...... Glyphosate-isopropylammonium. 62719–366 ...... 62719 Glymix MT ...... 2,4-D, isopropylamine salt & Glyphosate- isopropylammonium. 62719–448 ...... 62719 Rawhide 4F Herbicide ...... Glyphosate-isopropylammonium & Oxyfluorfen. 62719–481 ...... 62719 Glyphosate 1.92% RTU ...... Glyphosate-isopropylammonium. 62719–495 ...... 62719 Glyphosate 41% Concentrate ...... Glyphosate-isopropylammonium. 62719–496 ...... 62719 GF–887 ...... Glyphosate-isopropylammonium. 62719–509 ...... 62719 GF–772 ...... Glyphosate-isopropylammonium. 62719–517 ...... 62719 GF–1279 ...... Glyphosate-isopropylammonium. 62719–614 ...... 62719 Firststep Herbicide Tank Mix ...... Glycine, N-(phosphonomethyl)-, compd. with N- methylmethanamine (1:1) & Florasulam. 62719–673 ...... 62719 GF–2726 SR ...... Glycine, N-(phosphonomethyl)-, compd. with N- methylmethanamine (1:1) & 2,4–D, Choline salt. 66570–2 ...... 66570 Effersan ...... Sodium dichloro-s-triazinetrione. 67543–7 ...... 67543 Super KL ...... Cuprous oxide. 70644–8 ...... 70644 Bio-Blast Biological Termiticide ...... Metarhizium anisopliae Strain ESF1. 75801–1 ...... 75801 Spot-Less Biofungicide ...... Pseudomonas aureofaciens strain Tx-1. 87290–3 ...... 87290 Willowood Pronamide 50WSP ...... Propyzamide. 94483–1 ...... 94483 Lment Mesotrione Technical ...... Mesotrione. AZ–150001 ...... 8033 Assail 70WP Insecticide ...... Acetamiprid. AZ–170004 ...... 70506 Assail 30 SG Insecticide ...... Acetamiprid.

TABLE 2—PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT

Registration No. Company No. Product name Active ingredient Uses to be terminated

1448–29 ...... 1448 TCMTB ...... 2-(Thiocyanomethylthio)benzothiazole ...... Seed treatment. 1448–403 ...... 1448 TCMTB 150 ...... 2-(Thiocyanomethylthio)benzothiazole ...... Seed treatment. 1448–405 ...... 1448 TCMTB–DM ...... 2-(Thiocyanomethylthio)benzothiazole ...... Seed treatment. 40230–1 ...... 40230 Galltrol–A ...... Agrobacterium radiobacter (strain K84) ...... Grapes. 64405–29 ...... 64405 Copper 8-Quinolinolate ... Copper, bis(8-quinolinolato-N1,O8)-, ...... In-can paint preservative.

Table 3 of this unit includes the Tables 1 & 2 of this unit, in sequence by registration numbers of the products names and addresses of record for all EPA company number. This number listed in Table 1 and Table 2 of this the registrants of the products listed in corresponds to the first part of the EPA unit.

TABLE 3—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION AND/OR AMENDMENTS

EPA company No. Company name and address

106 ...... Brulin & Company Inc., P.O. Box 270, Indianapolis, IN 46206. 228 ...... NuFarm Americas, Inc., 4020 Aerial Center Pkwy., Ste. 101, Morrisville, NC 27560. 241 ...... BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709–3528. 279 ...... FMC Corporation, 2929 Walnut Street, Philadelphia, PA 19104.

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TABLE 3—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION AND/OR AMENDMENTS—Continued

EPA company No. Company name and address

352 ...... E. I. Du Pont De Nemours and Company, 9330 Zionsville Road, Indianapolis, IN 46268. 499 ...... BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709–3528. 1007 ...... Zoetis, Inc., 333 Portage Street, Kalamazoo, MI 49007–4931. 1043 ...... Steris Corporation, P.O. Box 147, St. Louis, MO 63166–0147. 1258 ...... Arch Chemicals, Inc., 1200 Bluegrass Lakes Parkway, Alpharetta, GA 30004. 1381 ...... Winfield Solutions, LLC, P.O. Box 64589, St. Paul, MN 55164–0589. 1448 ...... Buckman Laboratories, Inc., 1256 North Mclean Blvd, Memphis, TN 38108. 2693 ...... International Paint, LLC, 6001 Antoine Drive, Houston, TX 77091. 6836 ...... Lonza, LLC, 412 Mount Kemble Avenue, Suite 200S, Morristown, NJ 07960. 7364 ...... Innovative Water Care, LLC, d/b/a GLB Pool & Spa, 1400 Bluegrass Lakes Parkway, Alpharetta, GA 30004. 8033 ...... Nippon Soda Co., Ltd., Agent Name: Nisso America, Inc., 379 Thornall Street, 5th Floor, Edison, NJ 08837. 9688 ...... Chemsico, A Division of United Industries Corp., P.O. Box 142642, St. Louis, MO 63114–0642. 10807 ...... AMREP, Inc., Agent Name: Zep, Inc., c/o Compliance Services, 3330 Cumberland Blvd., Suite 700, Atlanta, GA 30339. 35935 ...... NuFarm Limited, Agent Name: NuFarm Americas, Inc., 4020 Aerial Center Pkwy., Ste 101, Morrisville, NC 27560. 40230 ...... AgBiochem, Inc., 3750 North 1020 East, Provo, UT 84604. 52287 ...... Harrell’s, LLC, P.O. Box 807, Lakeland, FL 33802. 55146 ...... NuFarm Americas, Inc., AGT Division, 4020 Aerial Center Pkwy., Suite 101, Morrisville, NC 27560. 62719 ...... Dow AgroSciences, LLC, 9330 Zionsville Road, Indianapolis, IN 46268. 64405 ...... Nisus Corporation, Attn: Regulatory Affairs, 100 Nisus Drive, Rockford, TN 37853–3069. 66570 ...... Activon, Inc., Agent Name: Scientific & Regulatory Consultants, Inc., 201 W. Van Buren Street, Columbia City, IN 46725. 67543 ...... International Paint, LLC, 6001 Antoine Drive, Houston, TX 77091. 70506 ...... UPL NA, Inc., 630 Freedom Business Center, Suite 402, King of Prussia, PA 19406. 70644 ...... Lidochem, Inc., Agent Name: RegWest Company, LLC, 8209 West 20th Street, Suite B, Greeley, CO 80634–4699. 75801 ...... Turf Science Laboratories, Inc., International Pest & Vegetative Management, P.O. Box 462785, Escondido, CA 92046 87290 ...... Willowood, LLC, c/o Generic Crop Science, LLC, 1887 Whitney Messa Drive, #9740, Henderson, NV 89014–2069. 94483 ...... LMENT, LLC, Agent Name: Wagner Regulatory Associates, Inc., 7217 Lancaster Pike, Suite A, P.O. Box 640, Hockessin, DE 19707–0640.

III. What is the Agency’s authority for IV. Procedures for Withdrawal of sell and distribute existing stocks of taking this action? Requests voluntarily canceled products for 1 year Section 6(f)(1) of FIFRA (7 U.S.C. Registrants who choose to withdraw a after the effective date of the 136d(f)(1)) provides that a registrant of request for product cancellation or use cancellation, which will be the date of a pesticide product may at any time termination should submit the publication of the cancellation order in request that any of its pesticide withdrawal in writing to the person the Federal Register. Thereafter, registrations be canceled or amended to listed under FOR FURTHER INFORMATION registrants will be prohibited from terminate one or more uses. FIFRA CONTACT. If the products have been selling or distributing all other products further provides that, before acting on subject to a previous cancellation or identified in Table 1 of Unit II, except the request, EPA must publish a notice termination action, the effective date of for export consistent with FIFRA section of receipt of any such request in the cancellation or termination and all other 17 (7 U.S.C. 136o) or for proper Federal Register. provisions of any earlier cancellation or disposal. Section 6(f)(1)(B) of FIFRA (7 U.S.C. termination action are controlling. Once EPA has approved product 136d(f)(1)(B)) requires that before acting labels reflecting the requested on a request for voluntary cancellation, V. Provisions for Disposition of Existing Stocks amendment to terminate uses, identified EPA must provide a 30-day public in Table 2 of Unit II, registrants will be comment period on the request for Existing stocks are those stocks of permitted to sell or distribute products voluntary cancellation or use registered pesticide products that are under the previously approved labeling termination. In addition, FIFRA section currently in the United States and that for a period of 18-months after the date 6(f)(1)(C) (7 U.S.C. 136d(f)(1)(C)) were packaged, labeled, and released for of Federal Register publication of the requires that EPA provide a 180-day shipment prior to the effective date of cancellation order, unless other comment period on a request for the action. If the requests for voluntary restrictions have been imposed. voluntary cancellation or termination of cancellation and amendments to Thereafter, registrants will be prohibited any minor agricultural use before terminate uses are granted, the Agency from selling or distributing the products granting the request, unless: intends to publish the cancellation whose labels include the terminated 1. The registrants request a waiver of order in the Federal Register. uses identified in Table 2 of Unit II, In any order issued in response to the comment period, or except for export consistent with FIFRA 2. The EPA Administrator determines these requests for cancellation of section 17 or for proper disposal. that continued use of the pesticide product registrations and for would pose an unreasonable adverse amendments to terminate uses, EPA Persons other than the registrant may effect on the environment. proposes to include the following sell, distribute, or use existing stocks of The registrants listed in Table 3 of provisions for the treatment of any canceled products and products whose Unit II have requested that EPA waive existing stocks of the products listed in labels include the terminated uses until the 180-day comment period. Table 1 and Table 2 of Unit II. supplies are exhausted, provided that Accordingly, EPA will provide a 30-day For all other voluntary product such sale, distribution, or use is comment period on the proposed cancellations, identified in Table 1 of consistent with the terms of the requests. Unit II, registrants will be permitted to previously approved labeling on, or that

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accompanied, the canceled products request (ICR) submitted to OMB: (1) Go Frequency of Response: On occasion and terminated uses. to the web page http://www.reginfo.gov/ reporting requirement and Third-party Authority: 7 U.S.C. 136 et seq. public/do/PRAMain, (2) look for the disclosure requirement. section of the web page called Obligation to Respond: Required to Dated: November 25, 2020. ‘‘Currently Under Review,’’ (3) click on obtain or retain benefits. The Marietta Echeverria, the downward-pointing arrow in the Commission has statutory authority for Acting Director, Registration Division, Office ‘‘Select Agency’’ box below the the information collection requirements of Pesticide Programs. ‘‘Currently Under Review’’ heading, (4) under 47 U.S.C. 151, 152, 154(i), 154(j), [FR Doc. 2021–02721 Filed 2–9–21; 8:45 am] select ‘‘Federal Communications 155(c), 201, 302, 303, 304, 307(e), 309, BILLING CODE 6560–50–P Commission’’ from the list of agencies and 316. presented in the ‘‘Select Agency’’ box, Total Annual Burden: 48 hours. (5) click the ‘‘Submit’’ button to the Total Annual Cost: $2,200. FEDERAL COMMUNICATIONS right of the ‘‘Select Agency’’ box, (6) Privacy Act Impact Assessment: No COMMISSION when the list of FCC ICRs currently impact(s). under review appears, look for the Title Nature and Extent of Confidentiality: [OMB 3060–XXXX and 3060–1166; FRS of this ICR and then click on the ICR There is no need for confidentiality 17418] Reference Number. A copy of the FCC pertaining to the information collection submission to OMB will be displayed. requirements in this collection. Information Collections Being Needs and Uses: On March 3, 2020, SUPPLEMENTARY INFORMATION: The Submitted for Review and Approval to the Commission released a Report and Commission may not conduct or Office of Management and Budget Order and Order of Proposed sponsor a collection of information Modification titled, ‘‘In the Matter of AGENCY: Federal Communications unless it displays a currently valid Expanding Flexible Use of the 3.7 to 4.2 Commission. Office of Management and Budget GHz,’’ GN Docket Number 18–122 (FCC ACTION: Notice and request for (OMB) control number. No person shall 20–22). This rulemaking, which is comments. be subject to any penalty for failing to comply with a collection of information under the purview of the Commission’s SUMMARY: As part of its continuing effort subject to the PRA that does not display Wireless Telecommunications Bureau, to reduce paperwork burdens, as a valid OMB control number. is hereinafter referred to as the 3.7 GHz required by the Paperwork Reduction As part of its continuing effort to Report and Order. Act (PRA) of 1995, the Federal reduce paperwork burdens, as required The Commission believes that C-band Communications Commission (FCC or by the Paperwork Reduction Act (PRA) spectrum for terrestrial wireless uses the Commission) invites the general of 1995 (44 U.S.C. 3501–3520), the FCC will play a significant role in bringing public and other Federal Agencies to invited the general public and other next-generation services like 5G to the take this opportunity to comment on the Federal Agencies to take this American public and assuring American following information collection. opportunity to comment on the leadership in the 5G ecosystem. The Pursuant to the Small Business following information collection. agency took action to make this valuable Paperwork Relief Act of 2002, the FCC Comments are requested concerning: (a) spectrum resource available for new seeks specific comment on how it can Whether the proposed collection of terrestrial wireless uses as quickly as further reduce the information information is necessary for the proper possible, while also preserving the collection burden for small business performance of the functions of the continued operation of existing Fixed concerns with fewer than 25 employees. Commission, including whether the Satellite Services (FSS) available during and after the transition. DATES: Written comments and information shall have practical utility; In the 3.7 GHz Report and Order, the recommendations for the proposed (b) the accuracy of the Commission’s Commission concluded that a public information collection should be burden estimates; (c) ways to enhance auction of the lower 280 megahertz of submitted on or before March 12, 2021. the quality, utility, and clarity of the the C-band will best carry out our goals, information collected; and (d) ways to ADDRESSES: Comments should be sent to and the agency will add a mobile minimize the burden of the collection of www.reginfo.gov/public/do/PRAMain. allocation to the 3.7–4.0 GHz band so information on the respondents, Find this particular information that next-generation services such as 5G including the use of automated collection by selecting ‘‘Currently under can use the band. Relying on the collection techniques or other forms of 30-day Review—Open for Public Emerging Technologies framework, the information technology. Pursuant to the Comments’’ or by using the search Commission adopted a process to Small Business Paperwork Relief Act of function. Your comment must be relocate FSS operations into the upper 2002, Public Law 107–198, see 44 U.S.C. submitted into www.reginfo.gov per the 200 megahertz of the band, while fully 3506(c)(4), the FCC seeks specific above instructions for it to be reimbursing existing operators for the comment on how it might ‘‘further considered. In addition to submitting in costs of this relocation and offering reduce the information collection www.reginfo.gov also send a copy of accelerated relocation payments to burden for small business concerns with your comment on the proposed encourage a speedy transition. The fewer than 25 employees.’’ information collection to Cathy Commission also adopted service and Williams, FCC, via email to PRA@ OMB Control No.: 3060–XXXX. Title: Telemetry, Tracking and technical rules for overlay licensees in fcc.gov and to [email protected]. the 280 megahertz of spectrum Include in the comments the OMB Command Earth Station Operators. Form No: N/A. designated for transition to flexible use. control number as shown in the Type of Review: New collection. Among other information collection SUPPLEMENTARY INFORMATION below. Respondents: Business or other for- requirements in the 3.7 GHz Report and FOR FURTHER INFORMATION CONTACT: For profit entities. Order, the Commission has adopted additional information or copies of the Number of Respondents: 4 several requirements, described in the information collection, contact Cathy respondents; 4 responses. text, related to the protection of TT&C Williams at (202) 418–2918. To view a Estimated Time per Response: 12 earth stations and coordination with 3.7 copy of this information collection hours. GHz Service licensees. In a section of

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the 3.7 GHz Report and Order titled information pursuant to section 0.459 of On October 27, 2020, the Commission ‘‘Adjacent Channel Protection Criteria’’ the Commission’s rules, 47 CFR Section adopted a Report and Order in which it, the Commission sets out the following 0.459. among other things, amended its requirements: Privacy Act Impact Assessment: No existing Part 1, Subpart AA general Pursuant to paragraph 388 of the 3.7 impact(s). universal service competitive bidding GHz Report and Order, the Commission Needs and Uses: The information rules to codify policies and procedures requires that the TT&C operators make required by section 1.21001 of the applicable to the universal service available certain pertinent technical Commission’s rules that is collected auction application process that have information about their systems upon under this information collection is been adopted in its recent universal request by licensees in the 3.7 GHz used by the Commission to determine service auctions, better align provisions Service to ensure the protection of whether applicants are eligible to in the universal service competitive TT&C operations. In addition, paragraph participate in auctions for Universal bidding rules with like provisions in the 389 of the 3.7 GHz Report and Order Service Fund support. The reports of Commission’s spectrum auction rules, includes the requirement that, in the prohibited communications made or and make other updates for consistency, event of a claim by a TT&C earth station received by an auction applicant clarification, and other purposes that operating in 4.0–4.2 GHz of harmful required by section 1.21002 of the would apply in all universal service interference by a 3.7 GHZ operator, the Commission’s rules that are collected auctions. Establishing a 5G Fund for earth station operator must demonstrate under this information collection enable Rural America, Report and Order, FCC that that have installed a filter that the Commission to ensure that no 20–150 (5G Fund Report and Order). complies with the mask requirement bidder gains an unfair advantage over The amended Part 1, Subpart AA rules prescribed by the Commission. This other bidders in its auctions for adopted in the 5G Fund Report and requirement will facilitate an efficient universal service support and thus Order apply to applicants seeking to and safe transition by requiring earth enhance the competitiveness and participate in future Commission station operators to demonstrate their fairness of Commission’s auctions for auctions for universal service support. universal service support. compliance with the mask Federal Communications Commission. requirements, thereby minimizing the On November 18, 2011, the Marlene Dortch, risk of interference. Commission released an order OMB Control Number: 3060–1166. comprehensively reforming and Secretary, Office of the Secretary. Title: Section 1.21001, Participation modernizing the universal service and [FR Doc. 2021–02681 Filed 2–9–21; 8:45 am] in Competitive Bidding for Support; intercarrier compensation systems to BILLING CODE 6712–01–P Section 1.21002, Prohibition of Certain ensure that robust, affordable voice and Communications During the broadband service, both fixed and Competitive Bidding Process. mobile, are available to Americans FEDERAL COMMUNICATIONS Form Number: N/A. throughout the nation. Connect America COMMISSION Type of Review: Revision of a Fund et al., Order and Further Notice of [OMB 3060–1034; FRS 17420] currently approved collection. Proposed Rulemaking, FCC 11–161 Respondents: Business or other for- (USF/ICC Transformation Order). In the Information Collection Being profit entities, not-for-profit institutions, USF/ICC Transformation Order, the Submitted for Review and Approval to and state, local or tribal governments. Commission, among other things, Office of Management and Budget Number of Respondents and created (1) the Connect America Fund Responses: 750 respondents and 750 (CAF), to help make broadband AGENCY: Federal Communications responses. available to homes, businesses, and Commission. Estimated Time per Response: 1.5 community anchor institutions in areas ACTION: Notice and request for hours. that do not, or would not otherwise, comments. Frequency of Response: On occasion have broadband, (2) the Mobility Fund, SUMMARY: As part of its continuing effort reporting requirement. to ensure the availability of mobile Obligation to Respond: Required to broadband networks in areas where a to reduce paperwork burdens, as obtain or retain benefits. Statutory private-sector business case, (3) the required by the Paperwork Reduction authority for this information collection Remote Areas Fund (RAF), to ensure Act (PRA) of 1995, the Federal 47 U.S.C. 154, 254 and 303(r). that Americans living in the most Communications Commission (FCC or Total Annual Burden: 1,125 hours. remote areas in the nation, where the the Commission) invites the general Total Annual Cost: No cost. cost of deploying traditional terrestrial public and other Federal Agencies to Nature and Extent of Confidentiality: broadband networks is extremely high, take this opportunity to comment on the Information collected in each can obtain affordable access through following information collection. application to participate in an auction alternative technology platforms, Pursuant to the Small Business for universal service support will be including satellite and unlicensed Paperwork Relief Act of 2002, the FCC made available for public inspection, wireless services. The USF/ICC seeks specific comment on how it can and the Commission is not requesting Transformation Order directed that further reduce the information that respondents submit confidential support under CAF Phase II, the collection burden for small business information to the Commission as part Mobility Fund, and the RAF be awarded concerns with fewer than 25 employees. of the pre-auction application process. by competitive bidding. The DATES: Written comments and However, to the extent that a respondent Commission adopted rules to recommendations for the proposed seeks to have certain information implement the reforms it adopted in the information collection should be collected in an application to participate USF/ICC Transformation Order, submitted on or before March 12, 2021. in an auction for universal service including rules in Part 1, Subpart AA of ADDRESSES: Comments should be sent to support or in a report of a prohibited the Commission’s rules governing www.reginfo.gov/public/do/PRAMain. communication withheld from public competitive bidding for universal Find this particular information inspection, the respondent may request service support generally. See 47 CFR collection by selecting ‘‘Currently under confidential treatment of such 1.21001–1.21004. 30-day Review—Open for Public

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Comments’’ or by using the search information technology. Pursuant to the all-digital operation; (2) an increase in function. Your comment must be Small Business Paperwork Relief Act of nominal power of an all-digital AM submitted into www.reginfo.gov per the 2002, Public Law 107–198, see 44 U.S.C. station; or (3) a transition from core-only above instructions for it to be 3506(c)(4), the FCC seeks specific to enhanced operating mode. Although considered. In addition to submitting in comment on how it might ‘‘further we direct broadcasters to use the current www.reginfo.gov also send a copy of reduce the information collection Form 335–AM for all-digital your comment on the proposed burden for small business concerns with notifications, additional information is information collection to Cathy fewer than 25 employees.’’ required for notification of AM all- Williams, FCC, via email to PRA@ OMB Control Number: 3060–1034. digital operations specifically. fcc.gov and to [email protected]. Title: Digital Audio Broadcasting Therefore, until the Form 335–AM is Include in the comments the OMB Systems and their Impact on the updated to display the new all-digital control number as shown in the Terrestrial Radio Broadcast Service; operation requirements, we direct filers SUPPLEMENTARY INFORMATION below. Digital Notification, FCC Form 335. to select ‘‘N/A’’ as appropriate within FOR FURTHER INFORMATION CONTACT: For Form Number: FCC Form 335. the form and submit an attachment additional information or copies of the Type of Review: Revision of a containing the following information. information collection, contact Cathy currently approved collection. These new all-digital AM notification Williams at (202) 418–2918. To view a Respondents: Business or other for- requirements have been added to new copy of this information collection profit entities. section 73.406 of the Commission’s Number of Respondents and request (ICR) submitted to OMB: (1) Go rules. Responses: 270 respondents; 270 to the web page http://www.reginfo.gov/ (a) The type of notification (all-digital responses. public/do/PRAMain, (2) look for the notification, increase in nominal power, Estimated Hours per Response: 1 section of the web page called reduction in nominal power, transition hour–8 hours. ‘‘Currently Under Review,’’ (3) click on from core-only to enhanced, transition Frequency of Response: On occasion from enhanced to core-only, reversion the downward-pointing arrow in the reporting requirement. ‘‘Select Agency’’ box below the from all-digital to hybrid or analog Total Annual Burden: 490 hours. operation); ‘‘Currently Under Review’’ heading, (4) Total Annual Cost: $197,000. select ‘‘Federal Communications (b) the date that new or modified all- Obligation to Respond: Required to digital operation will commence or has Commission’’ from the list of agencies obtain or retain benefits. The statutory presented in the ‘‘Select Agency’’ box, ceased; authority for this collection of (c) a certification that the all-digital (5) click the ‘‘Submit’’ button to the information is contained in Sections right of the ‘‘Select Agency’’ box, (6) operations will conform to the relevant 154(i), 303, 310, and 553 of the nominal power and spectral emissions when the list of FCC ICRs currently Communications Act of 1934, as under review appears, look for the Title limits; amended. (d) the nominal power of the all- of this ICR and then click on the ICR Nature and Extent of Confidentiality: digital station; Reference Number. A copy of the FCC There is no need for confidentiality with (e) a certification that the all-digital submission to OMB will be displayed. this collection of information. station complies with all EAS SUPPLEMENTARY INFORMATION: The Privacy Act Impact Assessment: No requirements; and Commission may not conduct or impact(s). (f) if a notification of commencement sponsor a collection of information Needs and Uses: On October 27, 2020, of new all-digital service or a nominal unless it displays a currently valid the Commission released the All-Digital power change, whether the station is Office of Management and Budget AM Broadcasting Report and Order, operating in core-only or enhanced (OMB) control number. No person shall FCC 20–154, MB Dkts. 19–311, 13–249, mode. be subject to any penalty for failing to where it adopts rules to allow AM radio The All-Digital AM Broadcasting comply with a collection of information stations, on a voluntary basis, to Report and Order also revises and subject to the PRA that does not display broadcast an all-digital signal using the reorganizes the digital notification a valid OMB control number. HD radio in-band on-channel (IBOC) requirements formally contained in As part of its continuing effort to mode name MA3. This action benefits section 73.404(e) of the rules by reduce paperwork burdens, as required AM stations and their listeners by removing paragraph 73.404(e) and by the Paperwork Reduction Act (PRA) improving reception quality and adding new section 73.406 Notification. of 1995 (44 U.S.C. 3501–3520), the FCC listenable signal coverage in stations’ invited the general public and other service areas and by advancing the The Notification Requirements Federal Agencies to take this Commission’s goal of improving the AM Contained Under 47 CFR 73.406 Are as opportunity to comment on the service, thereby helping to ensure the Follows following information collection. future of the service. AM broadcast Hybrid AM and FM licensees must Comments are requested concerning: (a) station licensees are required to notify electronically file a digital notification Whether the proposed collection of the Commission of a change to all- to the Commission in Washington, DC, information is necessary for the proper digital operations using Digital within 10 days of commencing IBOC performance of the functions of the Notification Form, FCC Form 335–AM. digital operation. All-digital licensees Commission, including whether the Specifically pertaining to this must file a digital notification within 10 information shall have practical utility; Information Collection, in the All- days of the following changes: (1) Any (b) the accuracy of the Commission’s Digital AM Broadcasting Report and reduction in nominal power of an all- burden estimates; (c) ways to enhance Order, the Commission requires AM digital AM station; (2) a transition from the quality, utility, and clarity of the broadcast stations to electronically file a enhanced to core-only operating mode; information collected; and (d) ways to digital notification using the existing or (3) a reversion from all-digital to minimize the burden of the collection of FCC Form 335–AM Digital Notification hybrid or analog operation. All-digital information on the respondents, (or any successor notification form) to licensees will not be permitted to including the use of automated notify the Commission of the following commence operation sooner than 30 collection techniques or other forms of changes: (1) The commencement of new calendar days from public notice of

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digital notification of the following file number of the auxiliary antenna space to be exchanged/chartered under changes: (1) The commencement of new employed by an FM station as a separate the Agreement. all-digital operation; (2) an increase in digital antenna; and Proposed Effective Date: 3/21/2021. nominal power of an all-digital AM (4) If applicable, for FM systems Location: https://www2.fmc.gov/ station; or (2) a transition from core-only employing interleaved antenna bays, a FMC.Agreements.Web/Public/ to enhanced operating mode. certification that adequate filtering and/ AgreementHistory/10190. (a) Every digital notification must or isolation equipment has been Agreement No.: 201258–001. include the following information: installed to prevent spurious emissions Agreement Name: Maersk/Zim Gulf- (1) The call sign and facility in excess of the limits specified in ECSA Space Charter Agreement. identification number of the station; § 73.317. Parties: Maersk A/S and Zim (2) If applicable, the date on which Integrated Shipping Services Ltd. the new or modified IBOC operation Federal Communications Commission. Marlene Dortch, Filing Party: Wayne Rohde; Cozen commenced or ceased; O’Connor. Secretary, Office of the Secretary. (3) The name and telephone number Synopsis: The amendment updates of a technical representative the [FR Doc. 2021–02679 Filed 2–9–21; 8:45 am] the name of Maersk and revises Article Commission can call in the event of BILLING CODE 6712–01–P 5.1(a) to reflect changes in the amount interference; of space to be exchanged/chartered (4) A certification that the operation under the Agreement. will not cause human exposure to levels FEDERAL MARITIME COMMISSION Proposed Effective Date: 3/21/2021. of radio frequency radiation in excess of Location: https://www2.fmc.gov/ the limits specified in § 1.1310 of this Notice of Agreements Filed chapter and is therefore categorically FMC.Agreements.Web/Public/ excluded from environmental The Commission hereby gives notice AgreementHistory/13183. processing pursuant to § 1.1306(b) of of the filing of the following agreement Dated: February 5, 2021. this chapter. Any station that cannot under the Shipping Act of 1984. Rachel E. Dickon, certify compliance must submit an Interested parties may submit Secretary. environmental assessment (‘‘EA’’) comments, relevant information, or [FR Doc. 2021–02756 Filed 2–9–21; 8:45 am] documents regarding the agreements to pursuant to § 1.1311 of this chapter and BILLING CODE 6730–02–P may not commence IBOC operation the Secretary by email at Secretary@ until such EA is ruled upon by the fmc.gov, or by mail, Federal Maritime Commission, Washington, DC 20573. Commission. FEDERAL RESERVE SYSTEM (b) Each AM digital notification must Comments will be most helpful to the also include the following information: Commission if received within 12 days Notice of Proposals To Engage in or (1) A certification that the IBOC DAB of the date this notice appears in the To Acquire Companies Engaged in facilities conform to applicable nominal Federal Register. Copies of agreements Permissible Nonbanking Activities power limits and emissions mask limits; are available through the Commission’s (2) The nominal power of the station; website (www.fmc.gov) or by contacting The companies listed in this notice if separate analog and digital the Office of Agreements at (202)–523– have given notice under section 4 of the transmitters are used, the nominal 5793 or [email protected]. Bank Holding Company Act (12 U.S.C. power for each transmitter; Agreement No.: 201353. 1843) (BHC Act) and Regulation Y, (12 (3) If applicable, the amount of any Agreement Name: THE Alliance/ CFR part 225) to engage de novo, or to reduction in an AM station’s digital Evergreen Vessel Sharing Agreement. acquire or control voting securities or carriers; Parties: Hapag Lloyd AG; HMM assets of a company, including the (4) For all-digital stations, the type of Company Limited; Ocean Network companies listed below, that engages notification (all-digital notification, Express Pte. Ltd.; Yang Ming Marine either directly or through a subsidiary or increase in nominal power, reduction in Transport Corp., Yang Ming (UK) Ltd., other company, in a nonbanking activity nominal power, transition from core- and Yang Ming (Singapore) Pte. Ltd. that is listed in § 225.28 of Regulation Y only to enhanced, transition from (acting as a single party); and Evergreen (12 CFR 225.28) or that the Board has enhanced to core-only, reversion from Marine Corporation (Taiwan) Ltd. determined by Order to be closely all-digital to hybrid or analog Filing Party: Joshua Stein; Cozen related to banking and permissible for operation); O’Connor. bank holding companies. Unless (5) For all-digital stations, if a Synopsis: The Agreement authorizes otherwise noted, these activities will be notification of commencement of new the Parties to jointly operate a service in conducted throughout the United States. all-digital service or a nominal power the trade between Asia, Panama, and the The public portions of the change, whether the station is operating U.S. Gulf Coast. applications listed below, as well as in core-only or enhanced mode; and (6) For all-digital stations, a Proposed Effective Date: 3/15/2021. other related filings required by the certification that the all-digital station Location: https://www2.fmc.gov/ Board, if any, are available for complies with all EAS requirements. FMC.Agreements.Web/Public/ immediate inspection at the Federal (c) Each FM digital notification must AgreementHistory/39502. Reserve Bank(s) indicated below and at also include the following information: Agreement No.: 201251–003. the offices of the Board of Governors. (1) A certification that the IBOC DAB Agreement Name: Hapag-Lloyd/ This information may also be obtained facilities conform to the HD Radio Maersk Slot Exchange Agreement. on an expedited basis, upon request, by emissions mask limits; Parties: Hapag-Lloyd AG and Maersk contacting the appropriate Federal (2) FM digital effective radiated power A/S. Reserve Bank and from the Board’s used and certification that the FM Filing Party: Wayne Rohde; Cozen Freedom of Information Office at analog effective radiated power remains O’Connor. https://www.federalreserve.gov/foia/ as authorized; Synopsis: The amendment updates request.htm. Interested persons may (3) If applicable, the geographic the name of Maersk and revises Article express their views in writing on the coordinates, elevation data, and license 5.1 to reflect changes in the amount of question whether the proposal complies

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with the standards of section 4 of the Reserve Bank indicated or the offices of 20580, or deliver your comment to the BHC Act. the Board of Governors, Ann E. following address: Federal Trade Unless otherwise noted, comments Misback, Secretary of the Board, 20th Commission, Office of the Secretary, regarding the applications must be Street and Constitution Avenue NW, Constitution Center, 400 7th Street SW, received at the Reserve Bank indicated Washington, DC 20551–0001, not later 5th Floor, Suite 5610 (Annex D), or the offices of the Board of Governors, than February 25, 2021. Washington, DC 20024. Ann E. Misback, Secretary of the Board, A. Federal Reserve Bank of Atlanta FOR FURTHER INFORMATION CONTACT: Guy 20th Street and Constitution Avenue (Kathryn Haney, Assistant Vice C. Ward (312–960–5612), Midwest NW, Washington, DC 20551–0001, not President) 1000 Peachtree Street NE, Regional Office, John C. Kluczynski later than February 25, 2021. Atlanta, Georgia 30309. Comments can Federal Building, 230 South Dearborn A. Federal Reserve Bank of also be sent electronically to Street, Suite 3030, Chicago, IL 60604. Minneapolis (Chris P. Wangen, [email protected]: SUPPLEMENTARY INFORMATION: Pursuant Assistant Vice President), 90 Hennepin 1. Jeremy Francis Gilpin, South Lake to Section 6(f) of the Federal Trade Avenue, Minneapolis, Minnesota Tahoe, California, and Jeffrey Alan Commission Act, 15 U.S.C. 46(f), and 55480–0291: Smith, Atlanta, Georgia; as a group FTC Rule 2.34, 16 CFR 2.34, notice is 1. McIntosh County Bank Holding acting in concert, to acquire voting hereby given that the above-captioned Company, Inc., Ashley, North Dakota; shares of Community Bankshares, Inc., consent agreement containing a consent through its subsidiary bank holding LaGrange, Georgia and its subsidiaries, order to cease and desist, having been company, North Star Holding Company, Community Bank and Trust—West filed with and accepted, subject to final Inc., and subsidiary bank, Unison Bank, Georgia, also of LaGrange, Georgia, and approval, by the Commission, has been both of Jamestown, North Dakota, to Community Bank and Trust—Alabama, placed on the public record for a period indirectly retain voting shares of Union Springs, Alabama. of thirty (30) days. The following AccuData Services, Inc., Park River, Board of Governors of the Federal Reserve North Dakota, and thereby engage in Analysis to Aid Public Comment System, February 5, 2021. describes the terms of the consent certain data processing activities Michele Taylor Fennell, pursuant to section 225.28(b)(14)(i) of agreement and the allegations in the Deputy Associate Secretary of the Board. the Board’s Regulation Y. complaint. An electronic copy of the [FR Doc. 2021–02765 Filed 2–9–21; 8:45 am] full text of the consent agreement Board of Governors of the Federal Reserve BILLING CODE P package can be obtained at https:// System, February 5, 2021. www.ftc.gov/news-events/commission- Michele Taylor Fennell, actions. Deputy Associate Secretary of the Board. FEDERAL TRADE COMMISSION You can file a comment online or on [FR Doc. 2021–02764 Filed 2–9–21; 8:45 am] paper. For the Commission to consider [File No. 192 3123] BILLING CODE P your comment, we must receive it on or Amazon Flex; Analysis of Proposed before March 12, 2021. Write ‘‘Amazon Consent Order To Aid Public Comment Flex; File No. 192 3123’’ on your FEDERAL RESERVE SYSTEM comment. Your comment—including AGENCY: Federal Trade Commission. your name and your state—will be Change in Bank Control Notices; ACTION: Proposed consent agreement; placed on the public record of this Acquisitions of Shares of a Bank or request for comment. proceeding, including, to the extent Bank Holding Company practicable, on the https:// The notificants listed below have SUMMARY: The consent agreement in this www.regulations.gov website. applied under the Change in Bank matter settles alleged violations of Due to the COVID–19 pandemic and Control Act (Act) (12 U.S.C. 1817(j)) and federal law prohibiting unfair or the agency’s heightened security § 225.41 of the Board’s Regulation Y (12 deceptive acts or practices. The attached screening, postal mail addressed to the CFR 225.41) to acquire shares of a bank Analysis of Proposed Consent Order to Commission will be subject to delay. We or bank holding company. The factors Aid Public Comment describes both the strongly encourage you to submit your that are considered in acting on the allegations in the draft complaint and comments online through the https:// applications are set forth in paragraph 7 the terms of the consent order— www.regulations.gov website. of the Act (12 U.S.C. 1817(j)(7)). embodied in the consent agreement— If you prefer to file your comment on The public portions of the that would settle these allegations. paper, write ‘‘Amazon Flex; File No. 192 applications listed below, as well as DATES: Comments must be received on 3123’’ on your comment and on the other related filings required by the or before March 12, 2021. envelope, and mail your comment to the Board, if any, are available for ADDRESSES: Interested parties may file following address: Federal Trade immediate inspection at the Federal comments online or on paper by Commission, Office of the Secretary, Reserve Bank(s) indicated below and at following the instructions in the 600 Pennsylvania Avenue NW, Suite the offices of the Board of Governors. Request for Comment part of the CC–5610 (Annex D), Washington, DC This information may also be obtained SUPPLEMENTARY INFORMATION section 20580; or deliver your comment to the on an expedited basis, upon request, by below. Please write ‘‘Amazon Flex; File following address: Federal Trade contacting the appropriate Federal No. 192 3123’’ on your comment, and Commission, Office of the Secretary, Reserve Bank and from the Board’s file your comment online at https:// Constitution Center, 400 7th Street SW, Freedom of Information Office at www.regulations.gov by following the 5th Floor, Suite 5610 (Annex D), https://www.federalreserve.gov/foia/ instructions on the web-based form. If Washington, DC 20024. If possible, request.htm. Interested persons may you prefer to file your comment on submit your paper comment to the express their views in writing on the paper, mail your comment to the Commission by courier or overnight standards enumerated in paragraph 7 of following address: Federal Trade service. the Act. Commission, Office of the Secretary, Because your comment will be placed Comments regarding each of these 600 Pennsylvania Avenue NW, Suite on the publicly accessible website at applications must be received at the CC–5610 (Annex D), Washington, DC https://www.regulations.gov, you are

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solely responsible for making sure your Analysis of Proposed Consent Order To amount customers pay is a tip. Part II of comment does not include any sensitive Aid Public Comment the proposed order prohibits Amazon or confidential information. In The Federal Trade Commission from changing the extent to which it particular, your comment should not (‘‘Commission’’) has accepted, subject to uses a driver’s tips toward Amazon’s include sensitive personal information, final approval, an agreement containing contribution to the driver’s earnings such as your or anyone else’s Social a consent order from Amazon.com, Inc. without first obtaining express informed Security number; date of birth; driver’s and Amazon Logistics, Inc. (‘‘Amazon’’). consent from the driver. Part III of the proposed order requires license number or other state The proposed consent order has been Amazon to pay $61,710,583—the full identification number, or foreign placed on the public record for 30 days amount of tips that Amazon improperly country equivalent; passport number; for receipt of comments from interested withheld from drivers. Part IV of the financial account number; or credit or persons. Comments received during this debit card number. You are also solely proposed order requires Amazon to period will become part of the public responsible for making sure your provide sufficient information about record. After 30 days, the Commission comment does not include sensitive drivers to enable the Commission to will again review the agreement and the health information, such as medical administer redress efficiently to drivers. comments received, and will decide records or other individually Parts V through VIII of the proposed whether it should withdraw from the identifiable health information. In order are reporting and compliance agreement and take appropriate action addition, your comment should not provisions. Part V requires or make final the agreement’s proposed include any ‘‘trade secret or any acknowledgments of the order. Part VI order. commercial or financial information requires Amazon to notify the Amazon operates Amazon Flex, a gig which . . . is privileged or Commission of changes in corporate economy program through which confidential’’—as provided by Section status for 10 years and mandates that consumers can become ‘‘drivers’’ for 6(f) of the FTC Act, 15 U.S.C. 46(f), and the company submit an initial Amazon and, using their own vehicles, FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— compliance report to the Commission. deliver products and groceries to including in particular competitively Part VII requires Amazon to create Amazon customers. Amazon pays sensitive information such as costs, certain documents relating to its sales statistics, inventories, formulas, drivers for making deliveries, and for compliance with the order for 10 years patterns, devices, manufacturing some types of deliveries, allows and to retain those documents for a 5- processes, or customer names. customers to tip the drivers via the app year period. Part VIII mandates that the Comments containing material for or website used to place the order. company make available to the which confidential treatment is Amazon consistently represents to both Commission information or subsequent requested must be filed in paper form, drivers and customers that it passes on compliance reports, as requested. must be clearly labeled ‘‘Confidential,’’ 100% of customer tips to drivers. Finally, Part IX states that the and must comply with FTC Rule 4.9(c). However, from late 2016 through proposed order will remain in effect for In particular, the written request for August 2019, Amazon withheld nearly a 20 years, with certain exceptions. confidential treatment that accompanies third of the tips meant for drivers, about The purpose of this analysis is to aid the comment must include the factual $61 million in total, despite its public comment on the proposed order. and legal basis for the request, and must representations that it would provide It is not intended to constitute an identify the specific portions of the drivers 100% of customer tips. Amazon official interpretation of the complaint comment to be withheld from the public continued diverting drivers’ tips in this or proposed order, or to modify in any record. See FTC Rule 4.9(c). Your way for over two and a half years way the proposed order’s terms. despite hundreds of complaints from comment will be kept confidential only By direction of the Commission. drivers and critical media reports. if the General Counsel grants your April J. Tabor, Amazon changed its practices only after request in accordance with the law and Secretary. the public interest. Once your comment the FTC issued a Civil Investigative has been posted on the https:// Demand to the company in May 2019. Joint Statement of Acting Chairwoman www.regulations.gov website—as legally The Commission’s proposed Rebecca Kelly Slaughter and required by FTC Rule 4.9(b)—we cannot complaint alleges that Amazon has Commissioner Noah Joshua Phillips violated Section 5 of the FTC Act. In redact or remove your comment from The internet-enabled gig economy is particular, the proposed complaint that website, unless you submit a substantial and continues to grow. alleges Amazon misrepresented to both confidentiality request that meets the According to one study, U.S. families customers and drivers that it would give requirements for such treatment under earning income from the internet- drivers 100% of customer tips in FTC Rule 4.9(c), and the General enabled gig economy rose from under addition to the pay Amazon offered. Counsel grants that request. 2% of the sample in 2013 to 4.5% by The proposed order includes Visit the FTC website at http:// early 2018, with more than 5 million equitable monetary relief and injunctive www.ftc.gov to read this Notice and the U.S. households earning some income provisions to prevent Amazon from news release describing the proposed from this type of work by 2018.1 settlement. The FTC Act and other laws engaging in the same or similar acts or that the Commission administers permit practices in the future. Part I of the 1 See Diana Farrell, Fiona Greig & Amar Hamoudi, the collection of public comments to proposed order prohibits Amazon from The Online Platform Economy in 2018: Drivers, consider and use in this proceeding, as misrepresenting to any consumer, Workers, Sellers and Lessors, JPMorgan Chase & Co. appropriate. The Commission will including both customers and drivers: Institute (2018) at 23, https:// www.jpmorganchase.com/content/dam/jpmc/ consider all timely and responsive (a) The income a driver is likely to earn, jpmorgan-chase-and-co/institute/pdf/institute-ope- public comments that it receives on or (b) the amount Amazon will pay drivers, 2018.pdf. Particularly because of high turnover, before March 12, 2021. For information (c) that Amazon will give drivers with many workers spending only a few months on the Commission’s privacy policy, customer tips in addition to Amazon’s participating, estimates of the gig economy are difficult and inconsistent. Another study estimated including routine uses permitted by the contribution to drivers’ earnings, (d) the that there were 1.6 million American workers in the Privacy Act, see https://www.ftc.gov/ percentage or amount of any customer internet-enabled gig economy in 2017, or 1% of the site-information/privacy-policy. tip a driver will receive, or (e) that any Continued

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Another study estimates worldwide point, it decided to divert thirty percent make up the difference.5 In total, transaction volume of $204 billion in of those tips from drivers to the Amazon stole nearly one-third of 2018, which will more than double to company to subsidize the amounts it drivers’ tips to pad its own bottom line. $455 billion by 2023.2 had committed to paying its drivers. This theft did not go unnoticed by Consumer demand for the services The complaint alleges Amazon then Amazon’s drivers, many of whom offered by the gig economy surely went to great lengths to ensure no one expressed anger and confusion to the contributes to this growth. But it would would figure out what it was doing, by company. Rather than coming clean, not be possible without the changing the way it presented earnings Amazon took elaborate steps to mislead contributions of drivers, shoppers, to drivers and drafting misleading its drivers and conceal its theft, sending designers, and other gig workers, answers for service representatives to them canned responses that repeated whether seeking supplemental income give to drivers upset at being short- the company’s lies. The complaint or relying on one gig or a patchwork of changed. charges that Amazon executives chose gigs to get by. Our settlement with Amazon ensures not to alter the practice, instead viewing The impact of the internet-enabled gig these drivers will get back every dollar drivers’ complaints as a ‘‘PR risk,’’ economy on workers is a matter of that was promised, every dollar that a which they sought to contain through robust debate in Congress, state customer chose to give as a tip for their deception.6 legislatures, popular referenda, service. That is a good result for an Amazon’s scheme ended after it was academia, and elsewhere. The two enforcement action under the FTC Act, exposed, but it likely produced authors of this joint statement may not the law we apply today. But we believe, significant benefits for the company. agree on every aspect of this debate, given the importance of candor and First, by promising a higher base pay including whether this novel business fairness to workers in the gig economy, initially, Amazon was likely able to model is, on net, beneficial for our current authorities could be recruit drivers more quickly, consumers and workers. improved. Congress can give us direct particularly as the company tried to Where we do agree—and what this penalty authority to deter deception stand up Amazon Flex in time for the 7 case reflects—is the platforms that aimed at workers in the internet-enabled holiday season. Second, and most facilitate this gig economy must treat gig economy and rulemaking authority directly, Amazon’s bait-and-switch under the Administrative Procedure Act allowed the company to pocket more their workers fairly and non- 8 deceptively, just as they must to address systemic and unfair practices than $60 million in workers’ tips. And consumers, and the Federal Trade that harm those workers. finally, by allegedly misleading its Commission should work to ensure they Clear rules and the threat of workers about their earnings, the do. That is why this case resolving our substantial civil penalties can deter company made it less likely drivers wrongdoing. The authors of this investigation into Amazon.com, Inc.’s would seek better opportunities statement do not always agree on the elsewhere, helping Amazon attract and and its subsidiary Amazon Logistics, proper scope of rulemaking and penalty retain workers in its quest to dominate.9 Inc.’s (collectively, ‘‘Amazon’’) authority, but we do agree here. By the time this scheme was exposed treatment of delivery drivers is so Authorizing the FTC to assess penalties in late 2019, Amazon Flex was far more important. to deter similar lawbreaking will help established. In fact, that same year, the The conduct alleged in the complaint gig workers and make labor markets company quietly disclosed that it was is outrageous. According to the more efficient. The internet-enabled gig slashing drivers’ minimum pay by more complaint, Amazon recruited delivery economy is new, innovative, and than 15 percent, relative to what it drivers (and, possibly, attracted growing. We believe the modest reforms promised in 2015.10 This conduct raises customers) by promising that drivers we propose here can help gig workers serious questions about how Amazon would collect all the tips awarded them have a fairer shake at getting their amassed and wielded its market power. by Amazon customers. At a certain benefit of the bargain from that growth, Fortunately, today’s action to redress too. the company’s victims does not prevent entire workforce, still a substantial number. See U.S. Bureau of Labor Statistics, Electronically Statement of Commissioner Rohit 5 Id. ¶¶ 30–34. mediated work: new questions in the Contingent Chopra Worker Supplement, U.S. Dep’t of Labor (Sept. 6 Id. ¶ 35–47. 2018), https://www.bls.gov/opub/mlr/2018/article/ Today, the FTC is sanctioning 7 Shortly after launching Flex, Amazon noted that electronically-mediated-work-new-questions-in-the- Amazon.com (NASDAQ: AMZN) for it was trying to ‘‘ramp quickly’’ in anticipation of the holiday season, Prime Day, and other periods contingent-worker-supplement.htm. expanding its business empire by 2 See Mastercard & Kaiser Associates, The Global of high demand. See Becky Yerak, Uber for Gig Economy: Capitalizing on a ∼$500 Billion cheating its workers. In 2015, Amazon packages? Amazon looking for drivers to deliver Opportunity (May 2019) at 2, https:// launched Flex, a package delivery goods, Chicago Tribune (Oct. 9, 2015), https:// newsroom.mastercard.com/wp-content/uploads/ service that was widely seen as a www.chicagotribune.com/business/ct-amazon-flex- chicago-1009-biz-20151009-story.html. 2019/05/Gig-Economy-White-Paper-May-2019.pdf. challenge to FedEx and UPS.3 To recruit Another study estimated that spending on gig 8 Compl., supra note 2, ¶ 8. platforms was increasing 43% year-on-year in 2018. drivers, the company promised to pay 9 During the period of the alleged lawbreaking, gig See Uber, Working Together: Priorities to enhance them a minimum of $18 to $25 an hour, workers were reportedly in high demand. See the quality and security of independent work in the plus tips.4 But once the service was off Christopher Mims, In a Tight Labor Market, Gig United States (Aug. 10, 2020) at 5, https:// the ground, in late 2016, Amazon Workers Get Harder to Please, Wall Street J. (May ubernewsroomapi.10upcdn.com/wp-content/ 4, 2019), https://www.wsj.com/articles/in-a-tight- uploads/2020/08/Working-Together-Priorities.pdf changed course. The Commission’s labor-market-gig-workers-get-harder-to-please- (‘‘Uber Report’’) (citing Staffing Industry Analysts, complaint charges that the company 11556942404. The Gig Economy and Human Cloud Landscape secretly began cutting its payments to 10 After Amazon’s scheme was exposed, the (2019)). By way of example, the number of Uber drivers, and siphoning their tips to company indicated that it would begin paying drivers in the U.S. has grown from 160,000 in 2014 drivers a minimum of $15 per hour. See Chaim to 1 million in 2020. See Jonathan V. Hall & Alan Gartenberg, Amazon will no longer use tips to pay B. Krueger, An Analysis of the Labor Market for 3 See Laura Stevens, Amazon Drives Deeper Into delivery drivers’ base salaries, The Verge (Aug. 22, Uber’s Driver-Partners in the United States at 1 Package Delivery, Wall Street J. (June 28, 2018), 2019), https://www.theverge.com/2019/8/22/ (Princeton U. Indus. Relations Section, Working https://www.wsj.com/articles/amazon-drives- 20828550/amazon-delivery-drivers-tips-end-base- Paper No. 587, Jan. 2015), https:// deeper-into-package-delivery-1530158460. salaries-flex. This was a significant reduction from dataspace.princeton.edu/bitstream/88435/ 4 Compl., In the Matter of Amazon, Inc., Fed. the $18 promised in 2015, particularly when dsp010z708z67d/5/587.pdf; Uber Report. Trade Comm’n File 1923123, ¶¶ 17–20. adjusted for cost of living.

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the FTC or state attorneys general from Companies should succeed only when for use for three additional years beyond assessing whether Amazon has engaged they compete, not when they cheat or the current expiration date. in a broader pattern of unfair practices abuse their power. While Amazon.com DATES: DoD, GSA, and NASA will in violation of the antitrust laws. is one of the largest, most powerful, and consider all comments received by April Today’s order provides substantial most feared firms in the world, the 12, 2021. redress to the families victimized by company cannot be above the law. ADDRESSES: DoD, GSA, and NASA Amazon’s anticompetitive deception. Regulators and enforcers in the United invite interested persons to submit However, this cannot be the only action States and around the globe can no comments on this collection through we take to protect workers and families longer turn a blind eye. http://www.regulations.gov and follow from dominant middlemen. The FTC [FR Doc. 2021–02705 Filed 2–9–21; 8:45 am] the instructions on the site. This website will also need to carefully examine BILLING CODE 6750–01–P provides the ability to type short whether tech platforms are engaging in comments directly into the comment anticompetitive conduct that hoodwinks field or attach a file for lengthier workers and crushes law-abiding DEPARTMENT OF DEFENSE comments. If there are difficulties 11 competitors. submitting comments, contact the GSA The Commission has historically GENERAL SERVICES Regulatory Secretariat Division at 202– taken a lax approach to worker abuse, ADMINISTRATION 501–4755 or [email protected]. entering no-consequences settlements Instructions: All items submitted even in naked wage-fixing matters that NATIONAL AERONAUTICS AND must cite OMB Control No. 9000–0142, are criminal in nature.12 Despite broad SPACE ADMINISTRATION Past Performance Information. pronouncements about a commitment to [OMB Control No. 9000–0142; Docket No. Comments received generally will be policing markets for anticompetitive 2021–0053; Sequence No. 4] posted without change to http:// conduct that harms workers,13 the FTC www.regulations.gov, including any has done little. I hope today’s action Information Collection; Past personal and/or business confidential turns the page on this era of inaction. Performance Information information provided. To confirm I also agree with Acting Chairwoman receipt of your comment(s), please Slaughter and Commissioner Phillips AGENCY: Department of Defense (DOD), General Services Administration (GSA), check www.regulations.gov, that preying on workers justifies approximately two-to-three days after punitive measures far beyond the and National Aeronautics and Space Administration (NASA). submission to verify posting. restitution provided here, and I believe FOR FURTHER INFORMATION CONTACT: the FTC should act now to deploy ACTION: Notice and request for comments. Zenaida Delgado, Procurement Analyst, dormant authorities to trigger civil at telephone 202–969–7207, or penalties and other relief in cases like SUMMARY: In accordance with the [email protected]. this one.14 Paperwork Reduction Act of 1995, and SUPPLEMENTARY INFORMATION: the Office of Management and Budget 11 I have previously outlined certain steps that (OMB) regulations, DoD, GSA, and A. OMB Control Number, Title, and any regulators can take to address anticompetitive Associated Form(s) practices in labor markets. Comment Submission of NASA invite the public to comment on Commissioner Chopra to Department of Justice a revision and renewal concerning past 9000–0142, Past Performance Initiative on Labor Market Competition (Sept. 18, performance information. DoD, GSA, Information. 2019), https://www.ftc.gov/public-statements/2019/ and NASA invite comments on: 09/comment-submission-commissioner-chopra- B. Need and Uses department-justice-initiative-labor. Whether the proposed collection of 12 In 2019, the FTC agreed to a no-consequences information is necessary for the proper This clearance covers the information settlement with respondents charged with blatant performance of the functions of Federal that offerors and contractors must wage-fixing. See Dissenting Statement of Government acquisitions, including submit to comply with the following Commissioner Rohit Chopra In the Matter of Your Therapy Source, Neeraj Jindal and Sheri Yarbray, whether the information will have Federal Acquisition Regulation (FAR) Fed. Trade Comm’n File No. 1710134 (Oct. 31, practical utility; the accuracy of the requirements: 2109), https://www.ftc.gov/public-statements/2019/ estimate of the burden of the proposed Preaward. For responses during 10/dissenting-statement-commissioner-rohit- information collection; ways to enhance source selection. chopra-matter-your-therapy-source. Respondent • Neeraj Jindal was later indicted by the United States the quality, utility, and clarity of the FAR 15.305(a)(2)(ii). This section Department of Justice. Press Release, U.S. Dep’t of information to be collected; and ways to requires solicitations describe the Justice, Former Owner of Health Care Staffing minimize the burden of the information approach for evaluating past Company Indicted for Wage Fixing (Dec. 10, 2020), collection on respondents, including the performance, including evaluating https://www.justice.gov/opa/pr/former-owner- health-care-staffing-company-indicted-wage-fixing. use of automated collection techniques offerors with no relevant performance 13 See, e.g., Press Release, Fed. Trade Comm’n, or other forms of information history, and providing offerors an FTC and DOJ Release Guidance for Human technology. OMB has approved this opportunity to identify past or current Resource Professionals on How Antitrust Law information collection for use through contracts (including Federal, State, and Applies to Employee Hiring and Compensation April 30, 2021. DoD, GSA, and NASA local government and private) for efforts (Oct. 20, 2016), https://www.ftc.gov/news-events/ press-releases/2016/10/ftc-doj-release-guidance- propose that OMB extend its approval similar to the Government requirement. human-resource-professionals-how. Solicitations also must authorize 14 Under its status quo approach, the FTC does existing precedent into a Restatement Rulemaking offerors to provide information on not seek civil penalties for this type of abuse. But to trigger penalties and damages for this type of problems encountered on their this can change. In the short term, the Commission fraud. See Statement of Commissioner Rohit Chopra can deploy its Penalty Offense Authority to apprise Regarding the Report to Congress on Protecting identified contracts and the offeror market participants, using existing administrative Older Consumers, Fed. Trade Comm’n File No. corrective actions. Per FAR 15.304(c)(3), orders, that it is a penalty offense to recruit workers P144400 (Oct. 19, 2020) https://www.ftc.gov/public- past performance must be evaluated in based on false earnings claims. See Rohit Chopra & statements/2020/10/statement-commissioner-rohit- all source selections for negotiated Samuel A.A. Levine, The Case for Resurrecting the chopra-regarding-report-congress-protecting. Such a FTC Act’s Penalty Offense Authority (Oct. 29, 2020), rule would impose no burden on market competitive acquisitions expected to https://papers.ssrn.com/sol3/papers.cfm?abstract_ participants, while ensuring real deterrence for exceed the simplified acquisition id=3721256. The Commission can also codify practices that undercut workers and competitors. threshold (SAT) unless the contracting

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officer documents the reason past DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: performance is not an appropriate A. OMB Control Number, Title, and evaluation factor for the acquisition. GENERAL SERVICES ADMINISTRATION Any Associated Form(s) • FAR 52.212–1, Instructions to 9000–0024, Buy American, Trade Offerors—Commercial Items. This NATIONAL AERONAUTICS AND Agreements, and Duty-Free Entry. provision requires offerors, per SPACE ADMINISTRATION paragraph (b)(10), to submit past B. Need and Uses performance information, when [OMB Control No. 9000–0024; Docket 2020– 0053; Sequence 10] This clearance covers the information included as an evaluation factor, to that an offeror must submit in response include recent and relevant contracts for Submission for OMB Review; Buy to the requirements of the provisions the same or similar items and other American, Trade Agreements, and and clauses in Federal Acquisition references (including contract numbers, Duty-Free Entry Regulation (FAR) part 25 that relate to points of contact with telephone the following: numbers and other relevant AGENCY: Department of Defense (DOD), * The Buy American statute (41 information). General Services Administration (GSA), U.S.C. chapter 83, and Executive Order and National Aeronautics and Space Postaward. For responses in the 10582). Administration (NASA). Contractor Performance Assessment * The Trade Agreements Act (19 Reporting System (CPARS). ACTION: Notice. U.S.C. 2501–2515), including the World • Trade Organization Government FAR 42.1503(d). Requires SUMMARY: Under the provisions of the Procurement Agreement and various contractors be afforded up to 14 Paperwork Reduction Act, the free trade agreements. calendar days from the notification date Regulatory Secretariat Division has * The American Recovery and that a past performance evaluation has submitted to the Office of Management Reinvestment Act of 2009 (Pub. L. 111– been entered into CPARS to submit and Budget (OMB) a request to review 5) (Recovery Act). comments, rebutting statements, or and approve a revision and renewal of * Subchapters VIII and X of Chapter additional information. Past a previously approved information 98 of the Harmonized Tariff Schedule of performance information is relevant collection requirement regarding Buy the United States (19 U.S.C. 1202). American, trade agreements, and duty- information regarding a contractor’s a. 52.225–2, Buy American Certificate. free entry. actions under previously awarded This provision requires the offeror to contracts or orders, for future source DATES: Submit comments on or before identify in its proposal supplies that do selection purposes. Source selection March 12, 2021. not meet the definition of domestic end officials may obtain past performance ADDRESSES: Written comments and product. information from a variety of sources. recommendations for this information b. 52.225–4, Buy American—Free The contracting officer will use the collection should be sent within 30 days Trade Agreements—Israeli Trade Act information to support future source of publication of this notice to Certificate. This provision requires a www.reginfo.gov/public/do/PRAMain. selection decisions. separate list of foreign products that are Find this particular information eligible under a trade agreement, and a C. Annual Burden collection by selecting ‘‘Currently under list of all other foreign end products. Review—Open for Public Comments’’ or c. 52.225–6, Trade Agreements Respondents: 65,373. by using the search function. Certificate. This provision requires the Total Annual Responses: 83,262. Additionally, submit a copy to GSA offeror to certify that all end products Total Burden Hours: 166,524. through http://www.regulations.gov and are either U.S.-made or designated follow the instructions on the site. This country end products, except as listed Obtaining Copies: Requesters may website provides the ability to type in paragraph (b) of the provision. obtain a copy of the information short comments directly into the Offerors are not allowed to provide collection documents from the GSA comment field or attach a file for other than a U.S.-made or designated Regulatory Secretariat Division by lengthier comments. country end product, unless the calling 202–501–4755 or emailing Instructions: All items submitted requirement is waived. [email protected]. Please cite OMB must cite OMB Control No. 9000–0024, d. 52.225–8, Duty-Free Entry. This Control No. 9000–0142, Past Buy American, Trade Agreements, and clause requires contractors to notify the Performance Information. Duty-Free Entry. Comments received contracting officer when they purchase generally will be posted without change Janet Fry, foreign supplies, in order to determine to http://www.regulations.gov, including whether the supplies should be duty- Director, Federal Acquisition Policy Division, any personal and/or business free. The notice shall identify the Office of Governmentwide Acquisition Policy, confidential information provided. To foreign supplies, estimate the amount of Office of Acquisition Policy, Office of confirm receipt of your comment(s), Governmentwide Policy. duty, and the country of origin. The please check www.regulations.gov, contractor is not required to identify [FR Doc. 2021–02690 Filed 2–9–21; 8:45 am] approximately two-to-three days after foreign supplies that are identical in BILLING CODE 6820–EP–P submission to verify posting. If there are nature to items purchased by the difficulties submitting comments, contractor or any subcontractor in contact the GSA Regulatory Secretariat connection with its commercial Division at 202–501–4755 or business, and segregation of these [email protected]. supplies to ensure use only on FOR FURTHER INFORMATION CONTACT: Government contracts containing duty- Zenaida Delgado, Procurement Analyst, free entry provisions is not economical at telephone 202–969–7207, or or feasible. In addition, all shipping [email protected]. documents and containers must specify

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certain information to assure the duty- The meeting will be closed to the DEPARTMENT OF HEALTH AND free entry of the supplies. public in accordance with the HUMAN SERVICES e. Construction provisions and provisions set forth in sections clauses: 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Centers for Disease Control and • 52.225–9, Buy American— as amended, and the Determination of Prevention Construction Materials the Director, Strategic Business • 52.225–10, Notice of Buy American Disease, Disability, and Injury Initiatives Unit, Office of the Chief Prevention and Control Special Requirement—Construction Materials Operating Officer, CDC, pursuant to • Emphasis Panel (SEP)–DP21–002, 52.225–11, Buy American- Public Law 92–463. The grant Construction Materials Under Trade Epidemiologic Cohort Study of applications and the discussions could Interstitial Cystitis; Amended Notice of Agreements disclose confidential trade secrets or • 52.225–12, Notice of Buy American Meeting commercial property such as patentable Requirement—Construction Materials Notice is hereby given of a change in under Trade Agreements material, and personal information • concerning individuals associated with the meeting of the Disease, Disability, 52.225–21, Required Use of American and Injury Prevention and Control Iron, Steel and Manufactured Goods— the grant applications, the disclosure of which would constitute a clearly Special Emphasis Panel (SEP)–DP21– Buy American—Construction 002, Epidemiologic Cohort Study of unwarranted invasion of personal Materials Interstitial Cystitis, March 30, 2021, • privacy. 52.225–23, Required Use of American 10:00 a.m.–6:00 p.m., EST, which was Iron, Steel and Manufactured Goods— Name of Committee: Disease, published in the Federal Register on Buy American—Construction Disability, and Injury Prevention and Friday, December 11, 2020, Volume 85, Materials Under Trade Agreements Control Special Emphasis Panel (SEP)— Number 239, page 80107. The listed provisions and clauses Panel 1, Panel 2, and Panel 3: GH21– The meeting on March 30, 2021 is provide that an offeror or contractor 003, Advancing Public Health Research being amended to change the time and requesting to use foreign construction in Kenya; GH21–004, Conducting should read as follows: material due to unreasonable cost of Research to Inform Pandemic Response Time: 12:00 p.m.–3:00 p.m., EDT. domestic construction material shall and Recovery of Emergency-Affected The meeting is closed to the public. For Further Information Contact: Jaya provide adequate information to permit Populations by Determining Public evaluation of the request. Raman, Ph.D., Scientific Review Officer, Health Needs, Improving Methods, and National Center for Chronic Disease C. Annual Burden Integrating Services to Mitigate Prevention and Health Promotion, CDC, Respondents: 8,771. Morbidity and Mortality; and GH21– 4770 Buford Highway, Mailstop S107–8, Total Annual Responses: 43,891. 006, Strengthening Public Health Atlanta, Georgia 30341, Telephone (770) Total Burden Hours: 40,738. Research and Implementation Science 488–6511, [email protected]. (Operations Research) to Control and D. Public Comment The Director, Strategic Business Eliminate Infectious Diseases Globally. Initiatives Unit, Office of the Chief A 60-day notice was published in the Dates: March 30–31, 2021 and April Operating Officer, Centers for Disease Federal Register at 85 FR 63276, on 1, 2021. Control and Prevention, has been October 7, 2020. No comments were delegated the authority to sign Federal Time: 9:00 a.m.–2:00 p.m., EDT. received. Register notices pertaining to Obtaining Copies: Requesters may Place: Teleconference. announcements of meetings and other obtain a copy of the information Agenda: To review and evaluate grant committee management activities, for collection documents from the GSA applications. both the Centers for Disease Control and Regulatory Secretariat Division, by Prevention and the Agency for Toxic For Further Information Contact: calling 202–501–4755 or emailing Substances and Disease Registry. [email protected]. Please cite OMB Hylan Shoob, Ph.D., Scientific Review Control No. 9000–0024, Buy American, Officer, Center for Global Health, CDC, Kalwant Smagh, Trade Agreements, and Duty-Free Entry. 1600 Clifton Drive, Atlanta, Georgia Director, Strategic Business Initiatives Unit, 30329–4027, Telephone (404) 639–4796, Office of the Chief Operating Officer, Centers Janet Fry, [email protected]. for Disease Control and Prevention. Director, Federal Acquisition Policy Division, [FR Doc. 2021–02736 Filed 2–9–21; 8:45 am] Office of Governmentwide Acquisition Policy, The Director, Strategic Business BILLING CODE 4163–18–P Office of Acquisition Policy, Office of Initiatives Unit, Office of the Chief Governmentwide Policy. Operating Officer, Centers for Disease [FR Doc. 2021–02689 Filed 2–9–21; 8:45 am] Control and Prevention, has been DEPARTMENT OF HEALTH AND BILLING CODE 6820–EP–P delegated the authority to sign Federal HUMAN SERVICES Register notices pertaining to announcements of meetings and other Centers for Disease Control and DEPARTMENT OF HEALTH AND committee management activities, for Prevention HUMAN SERVICES both the Centers for Disease Control and Notice of Closed Meeting Prevention and the Agency for Toxic Centers for Disease Control and Substances and Disease Registry. Pursuant to section 10(d) of the Prevention Federal Advisory Committee Act, as Kalwant Smagh, Notice of Closed Meeting amended, notice is hereby given of the Director, Strategic Business Initiatives Unit, following meeting. Pursuant to section 10(d) of the Office of the Chief Operating Officer, Centers The meeting will be closed to the Federal Advisory Committee Act, as for Disease Control and Prevention. public in accordance with the amended, notice is hereby given of the [FR Doc. 2021–02738 Filed 2–9–21; 8:45 am] provisions set forth in sections following meeting. BILLING CODE 4163–18–P 552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,

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as amended, and the Determination of the Director, Strategic Business Initiatives Unit, Office of the Chief the Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, CDC, pursuant to Initiatives Unit, Office of the Chief Operating Officer, CDC, pursuant to Public Law 92–463. The grant Operating Officer, CDC, pursuant to Public Law 92–463. The grant applications and the discussions could Public Law 92–463. The grant applications and the discussions could disclose confidential trade secrets or applications and the discussions could disclose confidential trade secrets or commercial property such as patentable disclose confidential trade secrets or commercial property such as patentable material, and personal information commercial property such as patentable material, and personal information concerning individuals associated with material, and personal information concerning individuals associated with the grant applications, the disclosure of concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal which would constitute a clearly unwarranted invasion of personal privacy. unwarranted invasion of personal privacy. privacy. Name of Committee: Disease, Name of Committee: Disease, Name of Committee: Disease, Disability, and Injury Prevention and Disability, and Injury Prevention and Disability, and Injury Prevention and Control Special Emphasis Panel (SEP)– Control Special Emphasis Panel (SEP)— Control Special Emphasis Panel; SIP21–006, Increasing Genetic Panel 4 and Panel 5: GH19–005, (SEP)—SIP21–005, Feasibility of a Counseling Referrals Among Patients Advancing Public Health Research in Model Cancer Screening Surveillance At-Risk for BRCA-Associated Cancers. Bangladesh; GH21–001, Conducting Report Using All-Payer Claims Data. Date: May 6, 2021. Public Health Research in Thailand: Date: May 5, 2021. Time: 11:00 a.m.–6:00 p.m., EDT. Technical collaboration with the Time: 11:00 a.m.–6:00 p.m., EDT. Place: Teleconference. Ministry of Public Health (MOPH) in the Place: Teleconference. Agenda: To review and evaluate grant Kingdom of Thailand; GH21–003, Agenda: To review and evaluate grant applications. Advancing Public Health Research in applications. For Further Information Contact: Jaya Kenya; GH21–004, Conducting Research For Further Information Contact: Jaya Raman, Ph.D., Scientific Review Officer, to Inform Pandemic Response and Raman, Ph.D., Scientific Review Officer, National Center for Chronic Disease National Center for Chronic Disease Prevention and Health Promotion, CDC, Recovery of Emergency-Affected Prevention and Health Promotion, CDC, 4770 Buford Highway NE, Mailstop Populations by Determining Public 4770 Buford Highway NE, Mailstop S107–8, Atlanta, Georgia 30341, Health Needs, Improving Methods, and S107–8, Atlanta, Georgia 30341, Telephone: (770) 488–6511, JRaman@ Integrating Services to Mitigate Telephone (770) 488–6511, JRaman@ cdc.gov. Morbidity and Mortality; and GH21– cdc.gov. The Director, Strategic Business 006, Strengthening Public Health The Director, Strategic Business Initiatives Unit, Office of the Chief Research and Implementation Science Initiatives Unit, Office of the Chief Operating Officer, Centers for Disease (Operations Research) to Control and Operating Officer, Centers for Disease Control and Prevention, has been Eliminate Infectious Diseases Globally. Control and Prevention, has been delegated the authority to sign Federal Dates: April 13–14, 2021. delegated the authority to sign Federal Register notices pertaining to Register notices pertaining to announcements of meetings and other Time: 9:00 a.m.–2:00 p.m., EDT. announcements of meetings and other committee management activities, for Place: Teleconference. committee management activities, for both the Centers for Disease Control and Agenda: To review and evaluate grant both the Centers for Disease Control and Prevention and the Agency for Toxic applications. Prevention and the Agency for Toxic Substances and Disease Registry. Substances and Disease Registry. For Further Information Contact: Kalwant Smagh, Hylan Shoob, Ph.D., Scientific Review Kalwant Smagh, Director, Strategic Business Initiatives Unit, Officer, Center for Global Health, CDC, Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers 1600 Clifton Drive, Atlanta, Georgia Office of the Chief Operating Officer, Centers for Disease Control and Prevention. 30329–4027, Telephone (404) 639–4796; for Disease Control and Prevention. [FR Doc. 2021–02740 Filed 2–9–21; 8:45 am] [email protected]. [FR Doc. 2021–02739 Filed 2–9–21; 8:45 am] BILLING CODE 4163–18–P The Director, Strategic Business BILLING CODE 4163–18–P Initiatives Unit, Office of the Chief DEPARTMENT OF HEALTH AND Operating Officer, Centers for Disease DEPARTMENT OF HEALTH AND HUMAN SERVICES Control and Prevention, has been HUMAN SERVICES delegated the authority to sign Federal Centers for Disease Control and Register notices pertaining to Centers for Disease Control and Prevention announcements of meetings and other Prevention committee management activities, for Notice of Closed Meeting both the Centers for Disease Control and Notice of Closed Meeting Pursuant to section 10(d) of the Prevention and the Agency for Toxic Pursuant to section 10(d) of the Federal Advisory Committee Act, as Substances and Disease Registry. Federal Advisory Committee Act, as amended, notice is hereby given of the Kalwant Smagh, amended, notice is hereby given of the following meeting. following meeting. The meeting will be closed to the Director, Strategic Business Initiatives Unit, The meeting will be closed to the public in accordance with the Office of the Chief Operating Officer, Centers public in accordance with the provisions set forth in sections for Disease Control and Prevention. provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 2021–02737 Filed 2–9–21; 8:45 am] 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended, and the Determination of BILLING CODE 4163–18–P as amended, and the Determination of the Director, Strategic Business

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DEPARTMENT OF HEALTH AND Information Collection Clearance Officer queriers’ satisfaction and their use of the HUMAN SERVICES at (301) 443–1984. information is an important component SUPPLEMENTARY INFORMATION: When of the survey. Health Resources and Services submitting comments or requesting Proposed changes to this ICR include Administration information, please include the the following: information request collection title for 1. In the proposed entity survey, there Agency Information Collection reference. are 37 modules and 258 questions. From Activities: Proposed Collection: Information Collection Request Title: the previous 2012 survey, there are 15 Comment Request; Information Survey of Eligible Users of the National deleted questions and 13 new questions Collection Request Title: Survey of Practitioner Data Bank, OMB No. 0915– in addition to proposed changes to 12 Eligible Users of the National 0366—Reinstatement with Change. survey questions. Practitioner Data Bank, OMB No. 0915– Abstract: HRSA plans to survey 2. In the proposed self-query survey, 0366—Reinstatement With Change National Practitioner Data Bank (NPDB) there are 22 modules and 88 questions. AGENCY: Health Resources and Services users. The purpose of this survey is to From the previous 2012 survey, there Administration (HRSA), Department of assess the overall satisfaction of the are five deleted questions and five new Health and Human Services. eligible users of the NPDB. This survey questions in addition to proposed will evaluate the effectiveness of the changes to two survey questions. ACTION: Notice. NPDB as a flagging system, source of Likely Respondents: Health care SUMMARY: In compliance with the information, and its use in decision entities and health care practitioners requirement for opportunity for public making. Furthermore, this survey will who are eligible users of the NPDB will comment on proposed data collection collect information from organizations be asked to complete a web-based projects of the Paperwork Reduction Act and individuals who query the NPDB to survey. Data gathered from the survey of 1995, HRSA announces plans to understand and improve their user will be compared with previous survey submit an Information Collection experience. This survey is a results. This survey will provide HRSA Request (ICR), described below, to the reinstatement of the 2012 NPDB survey with the information necessary for Office of Management and Budget with some changes. research purposes and for improving the (OMB). Prior to submitting the ICR to A 60-day Notice published in the usability and effectiveness of the NPDB. OMB, HRSA seeks comments from the Federal Register on October 16, 2020, Burden Statement: Burden in this public regarding the burden estimate, vol. 85, No. 201; pp. 65833–34. There context means the time expended by below, or any other aspect of the ICR. were no comments. persons to generate, maintain, retain, Need and Proposed Use of the disclose, or provide the information DATES: Comments on this ICR should be Information: The survey will collect requested. This includes the time received no later than March 12, 2021. information regarding the participants’ needed to review instructions, to ADDRESSES: Written comments and experiences of querying and reporting to develop, acquire, install, and utilize recommendations for the proposed the NPDB, perceptions of health care technology and systems for the purpose information collection should be sent practitioners with reports, impact of of collecting, validating, and verifying within 30 days of publication of this NPDB reports on organizations’ information, processing and notice to www.reginfo.gov/public/do/ decision-making, and satisfaction with maintaining information, and disclosing PRAMain. Find this particular various NPDB products and services. and providing information, to train information collection by selecting The survey will also be administered personnel and to be able to respond to ‘‘Currently under Review—Open for to health care practitioners that use the a collection of information, to search Public Comments’’ or by using the self-query service provided by the data sources, to complete and review search function. NPDB. The self-queriers will be asked the collection of information, and to FOR FURTHER INFORMATION CONTACT: To about their experiences of querying, the transmit or otherwise disclose the request more information on the impact of having reports in the NPDB on information. The total annual burden proposed project or to obtain a copy of their careers and health care hours estimated for this ICR are the data collection plans and draft organizations’ perceptions, and their summarized in the table below. instruments, email [email protected] satisfaction with various NPDB products Total Estimated Annualized Burden or call Lisa Wright-Solomon, the HRSA and services. Understanding self- Hours:

Average Number of Number of Total burden per Total Form name respondents responses per responses response burden hours respondent (in hours)

NPDB Users Entities Respondents ...... 15,000 1 15,000 0.25 3,750 NPDB Self-Query Respondents ...... 2,000 1 2,000 0.10 200

Total ...... 17,000 ...... 17,000 ...... 3,950

HRSA specifically requests comments use of automated collection techniques technology to minimize the information on (1) the necessity and utility of the or other forms of information collection burden. proposed information collection for the Maria G. Button, proper performance of the agency’s functions, (2) the accuracy of the Director, Executive Secretariat. estimated burden, (3) ways to enhance [FR Doc. 2021–02757 Filed 2–9–21; 8:45 am] the quality, utility, and clarity of the BILLING CODE 4165–15–P information to be collected, and (4) the

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DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: Support Center, Federal Real Property HUMAN SERVICES When submitting comments or Assistance Program is requesting OMB requesting information, please include [Document Identifier: 0937–0191–60D] approval on a previously approved the document identifier 0937–0191– information collection, 0937–0191. 40 Agency Information Collection 60D, and project title for reference, to U.S.C. 550 (the ‘‘Act’’), as amended, Request; 60-Day Public Comment Sherrette Funn, the Reports Clearance provides authority to the Secretary of Request Officer, [email protected], or call Health and Human Services to convey 202–795–7714. or lease surplus real property to States AGENCY: Office of the Secretary, HHS. SUPPLEMENTARY INFORMATION: Interested and their political subdivisions and ACTION: Notice. persons are invited to send comments instrumentalities, to tax-supported regarding this burden estimate or any SUMMARY: In compliance with the institutions, and to nonprofit other aspect of this collection of requirement of the Paperwork institutions which (except for information, including any of the Reduction Act of 1995, the Office of the institutions which lease property to following subjects: (1) The necessity and Secretary (OS), Department of Health assist the homeless) have been held utility of the proposed information and Human Services, is publishing the collection for the proper performance of exempt from taxation under Section following summary of a proposed the agency’s functions; (2) the accuracy 501(c)(3) of the 1954 Internal Revenue collection for public comment. The ICR of the estimated burden; (3) ways to Code, and 501(c)(19) for veterans is for extending the use of the approved enhance the quality, utility, and clarity organizations, for public health and information collection assigned OMB of the information to be collected; and homeless assistance purposes. Transfers control number 0937–0191, which (4) the use of automated collection are made to transferees at little or no expires on April 30, 2021. Prior to techniques or other forms of information cost. submitting the ICR to OMB, OS seeks technology to minimize the information comments from the public regarding the Type of respondent: Responses are collection burden. dependent on when Federal surplus real burden estimate, below, or any other Title of the Collection: Application aspect of the ICR. property is made available and is packets for Real Property for Public DATES: Comments on the ICR must be desired by a respondent/applicant for Health Purposes. acquisition. Likely respondents include received on or before April 12, 2021. Type of Collection: Extension. ADDRESSES: Submit your comments to OMB No.: 0937–0191. State, local, or tribal units of [email protected] or by calling Abstract: The Office of Assistant government or instrumentalities thereof, (202) 795–7714. Secretary for Administration, Program and not-for-profit organizations.

ANNUALIZED BURDEN HOUR TABLE

Number of Average Forms Respondents Number of responses per burden per Total (if necessary) (if necessary) respondents respondents response burden hours

Applications for surplus Federal real property ...... 15 1 200 3,000

Total ...... 15 1 200 3,000

Dated: January 19, 2021. as amended. The grant applications and Agenda: To review and evaluate grant Sherrette A. Funn, the discussions could disclose applications. Office of the Secretary, Paperwork Reduction confidential trade secrets or commercial Place: National Institutes of Health, Act Reports Clearance Officer. property such as patentable material, Democracy 2, 6707 Democracy Boulevard, and personal information concerning Bethesda, MD 20817, (Virtual Meeting). [FR Doc. 2021–02734 Filed 2–9–21; 8:45 am] Open: 11:40 a.m. to 5:00 p.m. BILLING CODE 4150–04–P individuals associated with the grant Agenda: A report from the Director of the applications, the disclosure of which Center and Other Staff. would constitute a clearly unwarranted Place: National Institutes of Health, DEPARTMENT OF HEALTH AND invasion of personal privacy. Democracy 2, 6707 Democracy Boulevard, HUMAN SERVICES The meeting will be held as a virtual Bethesda, MD 20817, (Virtual Meeting). meeting and is open to the public as Contact Person: Partap Singh Khalsa, National Institutes of Health indicated below. Ph.D., DC, Director, Division of Extramural Individuals who plan to view the Activities, National Center for National Center for Complementary virtual meeting and need special Complementary and Integrative Health, and Integrative Health; Notice of assistance or other reasonable National Institutes of Health, 6707 Meeting accommodations, should notify the Democracy Blvd., Suite 401, Bethesda, MD Contact Person listed below in advance 20892–5475, 301–594–3462, khalsap@ mail.nih.gov. Pursuant to section 10(d) of the of the meeting. Federal Advisory Committee Act, as The Open Session will be open to the Any interested person may file written amended, notice is hereby given of a public via NIH Videocast. The URL link comments with the committee by forwarding meeting of the National Advisory the statement to the Contact Person listed on to access this meeting is https:// this notice. The statement should include the Council for Complementary and videocast.nih.gov. Integrative Health. name, address, telephone number and when Name of Committee: National Advisory applicable, the business or professional The meeting will be closed to the Council for Complementary and Integrative affiliation of the interested person. Any public in accordance with the Health. member of the public may submit written provisions set forth in sections Date: May 14, 2021. comments no later than 15 days after the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Closed: 10:00 a.m. to 11:30 a.m. meeting.

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Information is also available on the of Health, Center for Scientific Review, 6701 Date: March 9, 2021. Institute’s/Center’s home page: https:// Rockledge Drive, Room 5186, Bethesda, MD Time: 10:00 a.m. to 6:00 p.m. www.nccih.nih.gov/news/events/advisory- 20892, 301–827–6829, aurea.desousa@ Agenda: To review and evaluate grant council-77th-meeting, where an agenda and nih.gov. applications. any additional information for the meeting Name of Committee: Center for Scientific Place: National Institutes of Health, will be posted when available. Review Special Emphasis Panel; Small Rockledge II, 6701 Rockledge Drive, (Catalogue of Federal Domestic Assistance Business: Biomaterials, Delivery, and Bethesda, MD 20892 (Virtual Meeting). Program Nos. 93.213, Research and Training Nanotechnology. Contact Person: Inna Gorshkova, Ph.D., in Complementary and Alternative Medicine, Date: March 9–10, 2021. Scientific Review Officer, Center for National Institutes of Health, HHS) Time: 9:00 a.m. to 6:00 p.m. Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Bethesda, MD Dated: February 4, 2021. applications. 20892, (301) 435–1784, [email protected]. Ronald J. Livingston, Jr., Place: National Institutes of Health, Name of Committee: Center for Scientific Program Analyst, Office of Federal Advisory Rockledge II, 6701 Rockledge Drive, Review Special Emphasis Panel; PAR–19– Committee Policy. Bethesda, MD 20892 (Virtual Meeting). 264: Imaging, Biomarkers and Digital [FR Doc. 2021–02718 Filed 2–9–21; 8:45 am] Contact Person: Nitsa Rosenzweig, Ph.D., Pathomics for the Early Detection of Premetastatic Aggressive Cancer. BILLING CODE 4140–01–P Scientific Review Officer, Center for Scientific Review, National Institutes of Date: March 9, 2021. Health, 6701 Rockledge Drive, Room 4152, Time: 10:00 a.m. to 3:00 p.m. Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND MSC 7760, Bethesda, MD 20892, (301) 404– 7419, [email protected]. applications. HUMAN SERVICES Place: National Institutes of Health, Name of Committee: Center for Scientific Rockledge II, 6701 Rockledge Drive, Review Special Emphasis Panel; National Institutes of Health Bethesda, MD 20892 (Virtual Meeting). Fellowships: Musculoskeletal, Rehabilitation Contact Person: Ileana Hancu, Ph.D., and Skin Sciences. Center for Scientific Review; Notice of Scientific Review Officer, Center for Date: March 9–10, 2021. Scientific Review, National Institutes of Closed Meetings Time: 9:00 a.m. to 12:00 p.m. Health, 6701 Rockledge Drive, Room 5116, Agenda: To review and evaluate grant Pursuant to section 10(d) of the Bethesda, MD 20817, (301) 402–3911, Federal Advisory Committee Act, as applications. [email protected]. Place: National Institutes of Health, amended, notice is hereby given of the Rockledge II, 6701 Rockledge Drive, Name of Committee: Center for Scientific following meetings. Bethesda, MD 20892 (Virtual Meeting). Review Special Emphasis Panel; Member The meetings will be closed to the Contact Person: Chi-Wing Chow, Ph.D., Conflict: Receptors, Cell Cycle, Cytoskeleton public in accordance with the Scientific Review Officer, Center for and Membranes. provisions set forth in sections Scientific Review, National Institutes of Date: March 9, 2021. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health, 6701 Rockledge Drive, Room 4110, Time: 1:00 p.m. to 6:00 p.m. Agenda: To review and evaluate grant Bethesda, MD 20892, (301) 402–3912, as amended. The grant applications and applications. [email protected]. the discussions could disclose Place: National Institutes of Health, confidential trade secrets or commercial Name of Committee: Population Sciences Rockledge II, 6701 Rockledge Drive, property such as patentable material, and Epidemiology Integrated Review Group; Bethesda, MD 20892 (Virtual Meeting). and personal information concerning International and Cooperative Projects—1 Contact Person: Kevin Czaplinski, Ph.D., individuals associated with the grant Study Section. Scientific Review Officer, Center for Date: March 9–10, 2021. applications, the disclosure of which Scientific Review, 6901 Rockledge Drive, Time: 9:30 a.m. to 6:00 p.m. Bethesda, MD 20892, (301) 480–9139, would constitute a clearly unwarranted Agenda: To review and evaluate grant [email protected]. invasion of personal privacy. applications. Name of Committee: Center for Scientific Name of Committee: Center for Scientific Place: National Institutes of Health, Review Special Emphasis Panel; Tumor Review Special Emphasis Panel; Rockledge II, 6701 Rockledge Drive, Biomarker and Therapy—Member Conflict. Fellowships: Genes, Genomes and Genetics. Bethesda, MD 20892 (Virtual Meeting). Date: March 9, 2021. Date: March 2–3, 2021. Contact Person: Seetha Bhagavan, Ph.D., Time: 2:00 p.m. to 4:00 p.m. Time: 9:00 a.m. to 6:00 p.m. Scientific Review Officer, Center for Agenda: To review and evaluate grant Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. applications. Health, 6701 Rockledge Drive, Room 5194, Place: National Institutes of Health, Place: National Institutes of Health, MSC 7846, Bethesda, MD 20892, (301) 237– Rockledge II, 6701 Rockledge Drive, Rockledge II, 6701 Rockledge Drive, 9838, [email protected]. Bethesda, MD 20892 (Telephone Conference Bethesda, MD 20892 (Virtual Meeting). Name of Committee: Center for Scientific Call). Contact Person: Lystranne Alysia Maynard Review Special Emphasis Panel; Contact Person: Ola Mae Zack Howard, Smith, Ph.D., Scientific Review Officer, Fellowships: Chemistry, Biochemistry and Ph.D., BS, Scientific Review Officer, Center Center for Scientific Review, National Biophysics. for Scientific Review, National Institutes of Institutes of Health, 6701 Rockledge Drive, Date: March 9–10, 2021. Health, 6701 Rockledge Drive, Room 4192, Bethesda, MD 20892, 301–402–4809, Time: 10:00 a.m. to 7:00 p.m. MSC 7806, Bethesda, MD 20892, (301) 451– [email protected]. Agenda: To review and evaluate grant 4467, [email protected]. Name of Committee: Center for Scientific applications. (Catalogue of Federal Domestic Assistance Review Special Emphasis Panel; Small Place: National Institutes of Health, Program Nos. 93.306, Comparative Medicine; Business: Drug Discovery for Aging, Rockledge II, 6701 Rockledge Drive, 93.333, Clinical Research, 93.306, 93.333, Neuropsychiatric and Neurologic Disorders. Bethesda, MD 20892 (Virtual Meeting). 93.337, 93.393–93.396, 93.837–93.844, Date: March 9–10, 2021. Contact Person: Shan Wang, Ph.D., 93.846–93.878, 93.892, 93.893, National Time: 9:00 a.m. to 7:00 p.m. Scientific Review Officer, Center for Institutes of Health, HHS) Agenda: To review and evaluate grant Scientific Review, 6701 Rockledge Drive, Dated: February 4, 2021. Bethesda, MD 20892, (858) 735–0788, applications. Ronald J. Livingston, Jr., Place: National Institutes of Health, [email protected]. Program Analyst, Office of Federal Advisory Rockledge II, 6701 Rockledge Drive, Name of Committee: Center for Scientific Committee Policy. Bethesda, MD 20892 (Virtual Meeting). Review Special Emphasis Panel; PAR–19– Contact Person: Aurea D. De Sousa, Ph.D., 372: Social Epigenomics Research Focused [FR Doc. 2021–02719 Filed 2–9–21; 8:45 am] Scientific Review Officer, National Institutes on Minority Health and Health Disparities. BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND Place: SAMHSA, 5600 Fishers Lane, for Public Comments’’ or by using the HUMAN SERVICES Rockville, MD 20852. Adobe Connect search function. webcast: please register at the SAMHSA FOR FURTHER INFORMATION CONTACT: Substance Abuse and Mental Health Committees’ website, listed above. Requests for additional information or Services Administration Contact: Matthew J. Aumen, copies of the information collection Designated Federal Officer, SAMHSA should be made to Director, Information Center for Substance Abuse CSAP NAC, 5600 Fishers Lane, Management Division, 500 C Street SW, Prevention; Notice of Meeting Rockville, MD 20852, Telephone: 240– Washington, DC 20472, email address Pursuant to Public Law 92–463, 276–2440, Fax: 301–480–8480, Email: FEMA-Information-Collections- notice is hereby given for the meeting of [email protected]. [email protected] or Roselyn the Substance Abuse and Mental Health Dated: February 4, 2021. Brown-Frei, Section Chief, Hazard Services Administration’s (SAMHSA) Carlos Castillo, Mitigation Division, Federal Insurance Center for Substance Abuse Prevention Committee Management Officer, SAMHSA. and Mitigation Administration, FEMA, National Advisory Council (CSAP NAC) [FR Doc. 2021–02717 Filed 2–9–21; 8:45 am] [email protected], 202– 924–7198. on February 24, 2021. BILLING CODE 4162–20–P The Council was established to advise SUPPLEMENTARY INFORMATION: This the Secretary, Department of Health and proposed information collection Human Services (HHS); the Assistant DEPARTMENT OF HOMELAND previously published in the Federal Secretary for Mental Health and SECURITY Register on November 9, 2020, at 85 FR Substance Use, SAMHSA; and Director, 71351 with a 60 day public comment CSAP concerning matters relating to the Federal Emergency Management period. FEMA received two comments activities carried out by and through the Agency (see https://beta.regulations.gov/ Center and the policies respecting such comment/FEMA-2020-0033-0002). One activities. [Docket ID FEMA–2020–0033; OMB No. comment was unrelated to the The meeting will be open to the 1660–0026] information collection or hazard public and will include the discussion Agency Information Collection mitigation. The second comment related of substance use prevention priorities. Activities: Submission for OMB to hazard mitigation generally but was The meeting will also include updates Review; Comment Request; State not specific to this information on CSAP program developments. Administrative Plan for the Hazard collection. The commenter urged that The meeting will be held via webcast Mitigation Program States should address potentially and phone only. Attendance by the disastrous and readily recognizable public on-site will not be available. AGENCY: Federal Emergency conditions in a plan and have the Interested persons may present data, Management Agency, DHS. condition corrected before a disaster information, or views, orally or in ACTION: 30-Day notice and request for occurs. The commenter also urged that writing, on issues pending before the comments. States do so before underwriting any Council. Written submissions should be disaster relief plan. The commenter forwarded to the contact person on or SUMMARY: The Federal Emergency concluded that any State applying for before one week prior to the meeting. Management Agency (FEMA), as part of relief should, at a minimum, submit a Oral presentations from the public will its continuing effort to reduce plan, which should also be subject to be scheduled at the conclusion of the paperwork and respondent burden, review of basic stewardship verification meeting. Individuals interested in invites the general public to take this principals outside the written plan making oral presentations should notify opportunity to comment on a documents. the contact on or before one week prior reinstatement, without change, of a In response, FEMA reiterates that to the meeting. Up to five minutes will previously approved information FEMA regulations in 44 CFR 206.437 be allotted for each presentation. collection for which approval has require development and updates to the To participate in the meeting, submit expired. FEMA will submit the State Administrative Plan by State written or brief oral comments, or information collection abstracted below Applicants/Recipients as a condition of request special accommodations for to the Office of Management and Budget receiving HMGP funding under section persons with disabilities, please register for review and clearance in accordance 404 of the Robert T. Stafford Disaster at the SAMHSA Committees’ website, with the requirements of the Paperwork Relief and Emergency Assistance Act, https://snacregister.samhsa.gov/ Reduction Act of 1995. The submission 42 U.S.C. 5170c. The State MeetingList.aspx, or communicate with will describe the nature of the Administrative Plan is a procedural the CSAP Council’s Designated Federal information collection, the categories of guide that details how the State Officer (see contact information below). respondents, the estimated burden (i.e., administers the HMGP. The State, Substantive program information may the time, effort and resources used by Territory, or Indian Tribal government be obtained after the meeting by respondents to respond) and cost, and (who acts as a recipient) must have a accessing the SAMHSA Committee the actual data collection instruments current administrative plan approved by website, https://www.samhsa.gov/ FEMA will use. the appropriate FEMA Regional about-us/advisory-councils, or by DATES: Comments must be submitted on Administrator before receiving HMGP contacting the Designated Federal or before March 12, 2021. funds. The administrative plan may take Officer. ADDRESSES: Written comments and any form including a chapter within a Committee Name: Substance Abuse recommendations for the proposed comprehensive State mitigation program and Mental Health Services information collection should be sent strategy. Additionally, States, Administration, Center for Substance within 30 days of publication of this Territories, and Indian Tribal Abuse Prevention National Advisory notice to www.reginfo.gov/public/do/ governments are required to have an Council. PRAMain. Find this particular approved hazard mitigation plan as Date/Time/Type: February 24, 2021, information collection by selecting outlined in 44 CFR part 201. This from 1:00 p.m. to 5:00pm EST: (OPEN). ‘‘Currently under 30-day Review—Open hazard mitigation planning process

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identifies risks and vulnerabilities clarity of the information to be Evidence Act and November 2020 RFI associated with natural disasters and collected; and (d) minimize the burden The Foundations for Evidence-Based establishes a long-term strategy for of the collection of information on those Policymaking Act of 2018 (Evidence protecting people and property in future who are to respond, including through Act, Pub. L. 115–435) requires each hazard events. the use of appropriate automated, federal agency to develop, as part of the This information collection expired electronic, mechanical, or other agency strategic plan issued every four on January 31, 2021. FEMA is technological collection techniques or years,1 a systematic evidence-building requesting a reinstatement, without other forms of information technology, plan (or ‘‘learning agenda’’) to identify change, of a previously approved e.g., permitting electronic submission of and address policy questions relevant to information collection for which responses. the strategies, programs, policies, and approval has expired. The purpose of 2 Millicent L. Brown, regulations of the agency. The plan this notice is to notify the public that Sr. Manager, Records Management Branch, must contain (1) a list of policy-relevant FEMA will submit the information Office of the Chief Administrative Officer, questions for which the agency intends collection abstracted below to the Office Mission Support, Federal Emergency to develop evidence to support of Management and Budget for review Management Agency, Department of policymaking; (2) a list of data the and clearance. Homeland Security. agency intends to collect, use, or acquire Collection of Information [FR Doc. 2021–02752 Filed 2–9–21; 8:45 am] to facilitate the use of evidence in BILLING CODE 9111–BW–P policymaking; (3) a list of methods and Title: State Administrative Plan for analytical approaches that may be used the Hazard Mitigation Grant Program. to develop evidence to support Type of information collection: DEPARTMENT OF HOMELAND policymaking; (4) a list of any Reinstatement, without change, of a SECURITY challenges to developing evidence to previously approved information [Docket No. DHS–2020–0043] support policymaking, including any collection for which approval has statutory or other restrictions to expired. Request for Information: Evidence- accessing relevant data; (5) a description OMB Number: 1660–0026. Building Activities of the steps the agency will take to Form Titles and Numbers: None. accomplish items (1) and (2) above; and Abstract: The State Administrative AGENCY: Department of Homeland (6) any other information as required by Plan is a procedural guide that details Security. guidance issued by the Director of the how the State administers the HMGP. ACTION: Request for Information; Office of Management and Budget The State, Territory, or Indian Tribal reopening and extension of comment (OMB).3 In developing the evidence- government (who acts as a recipient) period. building plan, the agency must consult must have a current administrative plan with stakeholders, including the public, SUMMARY: The Foundations for approved by the appropriate FEMA agencies, State and local governments, Evidence-Based Policymaking Act of Regional Administrator before receiving and representatives of non- 2018 requires federal agencies to HMGP funds. The administrative plan governmental researchers.4 may take any form including a chapter develop evidence-building plans to On November 9, 2020, DHS published within a comprehensive State mitigation identify and address questions relevant an RFI soliciting input from the public program strategy. to Agency strategy, programs, policies, to inform the development of the Affected Public: States, Territories, regulations, management, and Department’s evidence-building plan. and Tribal governments. operations. On November 9, 2020, the 85 FR 71353. On January 27, 2021, Estimated Number of Respondents: Department of Homeland Security President Biden issued a Memorandum 35. (DHS) published a request for on Restoring Trust in Government Estimated Number of Responses: 70. information (RFI) soliciting input from Through Scientific Integrity and Estimated Total Annual Burden the public regarding potential priority Hours: 560. questions that can guide evidence- 1 The latest such DHS strategic plan covers the Estimated Total Annual Respondent building activities by. DHS is reopening years 2020–2024, and preceded implementation of Cost: $32,704. and extending the comment period for the Evidence Act. See DHS, The DHS Strategic Plan: Estimated Respondents’ Operation the RFI. Fiscal Years 2020–2024, available at https:// www.dhs.gov/sites/default/files/publications/19_ and Maintenance Costs: None. DATES: Please send comments on or 0702_plcy_dhs-strategic-plan-fy20-24.pdf (last Estimated Respondents’ Capital and before March 31, 2021. Comments visited Jan. 28, 2020). Start-Up Costs: None. received after that date will be 2 See 5 U.S.C. 306, 312. Estimated Total Annual Cost to the considered to the extent practicable. 3 See 5 U.S.C. 312(a). Federal Government: $23,930. 4 See, e.g., OMB Memorandum M–19–23, Phase 1 ADDRESSES: You may submit comments Implementation of the Foundations for Evidence Comments via the Federal eRulemaking Portal at Based Policymaking Act of 2018: Learning Agenda, Personnel, and Planning Guidance at 16–17 (July Comments may be submitted as https://www.regulations.gov. Follow the instructions for submitting comments 10, 2019), available at https://www.whitehouse.gov/ indicated in the ADDRESSES caption wp-content/uploads/2019/07/M-19-23.pdf (last above. Comments are solicited to (a) via Docket No. DHS–2020–0043. All visited Jan. 28, 2021) (‘‘Agencies should gather comments received, including any input in the manner that best meets their needs, evaluate whether the proposed data most effectively engages their specific stakeholders, collection is necessary for the proper personal information provided, may be posted without change to https:// and leverages existing activities and/or performance of the agency, including requirements whenever possible, in accordance whether the information shall have www.regulations.gov. with applicable law and policy. Potential models FOR FURTHER INFORMATION CONTACT: for doing so include: Requests for Information practical utility; (b) evaluate the If published in the Federal Register, listening accuracy of the agency’s estimate of the you have questions about this notice, sessions with groups of stakeholders, Technical burden of the proposed collection of please contact Michael Stough, Director, Working Groups, and one-on-one consultations. information, including the validity of Program Analysis and Evaluation, (202) OMB recognizes that agencies may use different approaches at different points in the process, and the methodology and assumptions used; 447–0518, [email protected]. that it may not be feasible to engage all stakeholders (c) enhance the quality, utility, and SUPPLEMENTARY INFORMATION: for all updates to the learning agenda . . . .’’).

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Evidence-Based Policymaking,5 which Dated: February 5, 2021. COLORADO reinforces the importance of the Michael Stough, Denver County evidence-building plan. DHS is now Evaluation Officer, U.S. Department of CB&Q Denver Shops Powerhouse (Railroads reopening and extending the comment Homeland Security. in Colorado, 1858–1948 MPS) 5151 period for the RFI to allow additional [FR Doc. 2021–02735 Filed 2–9–21; 8:45 am] Bannock St., Denver, MP100006230 public engagement. BILLING CODE 9110–9B–P ILLINOIS DHS Background Cook County With the passage of the Homeland DEPARTMENT OF THE INTERIOR Charles Warrington Earle School, 6121 South Security Act by Congress in November Hermitage Ave., Chicago, SG100006227 2002, the Department of Homeland National Park Service IOWA Security (DHS) became a Cabinet-level agency to unite the Nation’s approach to [NPS–WASO–NRNHL–DTS#–31446; Madison County PPWOCRADI0, PCU00RP14.R50000] homeland security. DHS combined Winterset City Park Historic District, South functions of 22 different agencies with National Register of Historic Places; 9th St. at East South St., Winterset, broad responsibilities that collectively Notification of Pending Nominations SG100006220 prevent attacks, mitigate threats, and Related Actions Monona County respond to national emergencies, South Jordan Cemetery, 33928 260th St., preserve economic security, and AGENCY: National Park Service, Interior. Moorhead vicinity, SG100006221 preserve legacy agency functions. DHS ACTION: Notice. is committed to evaluating the Polk County SUMMARY: effectiveness and efficiency of its The National Park Service is Iowa Ford Tractor Company Repair and programs, policies, and regulations. soliciting electronic comments on the Warehouse Building, 213 13th Street, Des DHS will use its evidence-building plan significance of properties nominated Moines, SG100006262 before January 30, 2021, for listing or to coordinate and communicate how MINNESOTA evaluation, statistics, research, and related actions in the National Register of Historic Places. analysis will be used to help the Hennepin County Department achieve its mission. DATES: Comments should be submitted Minnetonka Town Hall, 13231 Minnetonka electronically by February 25, 2021. Dr., Minnetonka, 86003815 Request for Information ADDRESSES: Comments are encouraged MONTANA Through this RFI, DHS is soliciting to be submitted electronically to _ _ Sanders County suggestions from a broad array of National Register Submissions@ nps.gov with the subject line ‘‘Public stakeholders across public and private Paradise School, 2 Schoolhouse Hill Rd., Comment on .’’ If you interested in the work of DHS and wish have no access to email you may send NEW YORK to volunteer suggestions for studies that them via U.S. Postal Service and all Allegany County could help DHS improve the other carriers to the National Register of effectiveness and efficiency of DHS Pink House, The, 193 West State St., Historic Places, National Park Service, Wellsville, SG100006214 strategy, programs, policies and 1849 C Street NW, MS 7228, regulations. DHS invites suggestions in Washington, DC 20240. Essex County many forms—such as questions to be SUPPLEMENTARY INFORMATION: The Tahawus Masonic Lodge, 14234 Main St., Au answered, hypotheses to be tested, or properties listed in this notice are being Sable Forks, SG100006216 problems to be studied—and focused on considered for listing or related actions Franklin County any area of Department’s work, in the National Register of Historic Malone Downtown Historic District, Roughly including strategy, policy, programs, Places. Nominations for their regulations, management, and bounded by Brewster, Main, Church, and consideration were received by the Elm Sts., and Wheeler Ave., Malone, operations. Responses to this RFI will National Park Service before January 30, SG100006217 inform the Department’s ongoing 2021. Pursuant to Section 60.13 of 36 development of a set of questions that CFR part 60, comments are being New York County will guide direction and evidence- accepted concerning the significance of The Church of the Heavenly Rest and the building activities, such as foundational the nominated properties under the Chapel of the Beloved Disciple, 1085 5th research, policy analysis, performance National Register criteria for evaluation. Ave., New York, SG100006215 measurement, and program evaluation. Before including your address, phone Row Houses at 854–858 West End Avenue number, email address, or other and 254 West 102nd Street, 854–858 West This RFI is for information and End Ave. and 254 West 102nd St., New personal identifying information in your planning purposes only and should not York, SG100006218 be construed as a solicitation or as comment, you should be aware that creating or resulting in any obligation your entire comment—including your Ulster County on the part of DHS. personal identifying information—may AME Zion Church of Kingston and Mt. Zion be made publicly available at any time. Cemetery, 26 Franklin St. and 190 South Wall St., Kingston, SG100006224 5 See Memorandum on Restoring Trust in While you can ask us in your comment to withhold your personal identifying Government Through Scientific Integrity and OHIO Evidence-Based Policymaking (Jan. 27, 2021), information from public review, we available at https://www.whitehouse.gov/briefing- cannot guarantee that we will be able to Franklin County room/presidential-actions/2021/01/27/ memorandum-on-resotring-trust-in-government- do so. Ford Motor Company Columbus Branch through-scientific-integrity-and-evidence-based- Nominations submitted by State or Assembly Plant, 427 Cleveland Ave., policymaking/ (last visited Jan. 28, 2021). Tribal Historic Preservation Officers: Columbus, SG100006229

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Marion County FOR FURTHER INFORMATION CONTACT: Lisa In particular, the Commission is Temple and Masonic Block Buildings, 107, R. Barton, Secretary to the Commission, interested in comments that: 109, 111, and 127 East Marion St., U.S. International Trade Commission, (i) Explain how the articles Caledonia, SG100006261 500 E Street SW, Washington, DC potentially subject to the requested TEXAS 20436, telephone (202) 205–2000. The remedial orders are used in the United public version of the complaint can be States; Dallas County accessed on the Commission’s (ii) identify any public health, safety, Braniff International Hostess College, 2801 Electronic Document Information or welfare concerns in the United States Wycliff Ave., Dallas, SG100006219 System (EDIS) at https://edis.usitc.gov. relating to the requested remedial UTAH For help accessing EDIS, please email orders; [email protected]. (iii) identify like or directly Salt Lake County competitive articles that complainant, General information concerning the Los Gables Apartments (Salt Lake City MPS) its licensees, or third parties make in the Commission may also be obtained by 125 South and 135 South 300 East, Salt United States which could replace the accessing its internet server at United Lake City, MP100006232 subject articles if they were to be States International Trade Commission VERMONT excluded; (USITC) at https://www.usitc.gov. The (iv) indicate whether complainant, Rutland County public record for this investigation may complainant’s licensees, and/or third Green Mountain Cottage, 61 Church St., be viewed on the Commission’s party suppliers have the capacity to Mount Holly, SG100006222 Electronic Document Information replace the volume of articles System (EDIS) at https://edis.usitc.gov. potentially subject to the requested Additional documentation has been Hearing-impaired persons are advised received for the following resources: exclusion order and/or a cease and that information on this matter can be desist order within a commercially ARKANSAS obtained by contacting the reasonable time; and Conway County Commission’s TDD terminal on (202) (v) explain how the requested 205–1810. Morrilton Commercial Historic District remedial orders would impact United (Additional Documentation) Roughly SUPPLEMENTARY INFORMATION: The States consumers. bounded by East Railroad Ave., East Commission has received a complaint Written submissions on the public Broadway, North Division, and North and a submission pursuant to § 210.8(b) interest must be filed no later than by Moose Sts., Morrilton, AD03000085 of the Commission’s Rules of Practice close of business, eight calendar days Faulkner County and Procedure filed on behalf of after the date of publication of this notice in the Federal Register. There Robinson Historic District (Additional Samsung Electronics Co., Ltd. and Documentation) Roughly bounded by Samsung Austin Semiconductor, LLC will be further opportunities for Cross, Prince, Faulkner, and Watkins Sts., on February 4, 2021. The complaint comment on the public interest after the and Robinson Ave., Conway, AD00001645 alleges violations of section 337 of the issuance of any final initial determination in this investigation. Any Authority: Section 60.13 of 36 CFR part 60. Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, written submissions on other issues Dated: February 2, 2021. the sale for importation, and the sale must also be filed by no later than the Sherry A. Frear, within the United States after close of business, eight calendar days Chief, National Register of Historic Places/ importation of certain semiconductor after publication of this notice in the National Historic Landmarks Program. devices, wireless infrastructure Federal Register. Complainant may file [FR Doc. 2021–02694 Filed 2–9–21; 8:45 am] equipment containing the same, and replies to any written submissions no BILLING CODE 4312–52–P components thereof. The complainant later than three calendar days after the names as respondents: Ericsson AB of date on which any initial submissions Sweden; Telefonaktiebolaget LM were due. Any submissions and replies Ericsson of Sweden; and Ericsson Inc. of filed in response to this Notice are INTERNATIONAL TRADE Plano, TX. The complainant requests limited to five (5) pages in length, COMMISSION that the Commission issue a limited inclusive of attachments. exclusion order, cease and desist orders, Persons filing written submissions Notice of Receipt of Complaint; and impose a bond upon respondents’ must file the original document Solicitation of Comments Relating to alleged infringing articles during the 60- electronically on or before the deadlines the Public Interest day Presidential review period pursuant stated above. Submissions should refer to the docket number (‘‘Docket No. AGENCY: U.S. International Trade to 19 U.S.C. 1337(j). 3532’’) in a prominent place on the Commission. Proposed respondents, other cover page and/or the first page. (See ACTION: Notice. interested parties, and members of the Handbook for Electronic Filing public are invited to file comments on Procedures, Electronic Filing SUMMARY: Notice is hereby given that any public interest issues raised by the Procedures 1). Please note the complaint or § 210.8(b) filing. the U.S. International Trade Secretary’s Office will accept only Comments should address whether Commission has received a complaint electronic filings during this time. issuance of the relief specifically entitled Certain Semiconductor Devices, Filings must be made through the requested by the complainant in this Wireless Infrastructure Equipment Commission’s Electronic Document investigation would affect the public Containing the Same, and Components Information System (EDIS, https:// health and welfare in the United States, Thereof, DN 3532; the Commission is edis.usitc.gov.) No in-person paper- competitive conditions in the United soliciting comments on any public based filings or paper copies of any interest issues raised by the complaint States economy, the production of like or complainant’s filing pursuant to the or directly competitive articles in the 1 Handbook for Electronic Filing Procedures: Commission’s Rules of Practice and United States, or United States https://www.usitc.gov/documents/handbook_on_ Procedure. consumers. filing_procedures.pdf.

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electronic filings will be accepted until The proposed modification seeks to reproduction cost) payable to the United further notice. Persons with questions make changes to the Consent Decree States Treasury. regarding filing should contact the entered by the Court on December 22, Susan Akers, Secretary at [email protected]. 2016 that required the City of Palmer Any person desiring to submit a Assistant Section Chief, Environmental (City) to implement various upgrades to Enforcement Section, Environment and document to the Commission in its wastewater treatment plant (WWTP) confidence must request confidential Natural Resources Division. to enable the City to comply with its [FR Doc. 2021–02733 Filed 2–9–21; 8:45 am] treatment. All such requests should be National Pollutant Discharge directed to the Secretary to the BILLING CODE 4410–15–P Elimination System permit issued under Commission and must include a full the Clean Water Act, 33 U.S.C. 1342. statement of the reasons why the Commission should grant such Among these upgrades, the Consent DEPARTMENT OF LABOR treatment. See 19 CFR 201.6. Documents Decree required that by August 31, 2020 for which confidential treatment by the the City install and operate secondary Office of the Secretary Commission is properly sought will be clarifiers which are basins specifically Agency Information Collection treated accordingly. All information, designed to provide effective gravity Activities; Submission for OMB including confidential business separation of settleable and suspended Review; Comment Request; information and documents for which solids in biologically treated Mechanical Power Presses Standard confidential treatment is properly wastewater. See Consent Decree ¶ 11.d. sought, submitted to the Commission for The proposed modification extends this ACTION: Notice of availability; request purposes of this Investigation may be deadline until July 1, 2022 and requires for comments. disclosed to and used: (i) By the that in the interim City undertake Commission, its employees and Offices, certain alternative measures that may SUMMARY: The Department of Labor and contract personnel (a) for enable it to meet its permit limits (DOL) is submitting this Occupational developing or maintaining the records without the clarifiers. Safety and Health Administration of this or a related proceeding, or (b) in (OSHA)-sponsored information The publication of this notice opens internal investigations, audits, reviews, collection request (ICR) to the Office of a period for public comment on the and evaluations relating to the Management and Budget (OMB) for programs, personnel, and operations of proposed modification. Comments review and approval in accordance with the Commission including under 5 should be addressed to the Assistant the Paperwork Reduction Act of 1995 U.S.C. Appendix 3; or (ii) by U.S. Attorney General, Environment and (PRA). Public comments on the ICR are government employees and contract Natural Resources Division and should invited. personnel,2 solely for cybersecurity refer to United States and State of DATES: The OMB will consider all purposes. All nonconfidential written Alaska v. City of Palmer, D.J. Ref. No. written comments that agency receives submissions will be available for public 90–5–1–1–11214. All comments must be on or before March 12, 2021. submitted no later than thirty (30) days inspection at the Office of the Secretary ADDRESSES: Written comments and 3 and on EDIS. after the publication date of this notice. recommendations for the proposed This action is taken under the Comments may be submitted either by information collection should be sent authority of section 337 of the Tariff Act email or by mail: within 30 days of publication of this of 1930, as amended (19 U.S.C. 1337), notice to www.reginfo.gov/public/do/ and of §§ 201.10 and 210.8(c) of the To submit comments: Send them to: PRAMain. Find this particular Commission’s Rules of Practice and information collection by selecting Procedure (19 CFR 201.10, 210.8(c)). By email ...... pubcomment-ees.enrd@ ‘‘Currently under 30-day Review—Open By order of the Commission. usdoj.gov. for Public Comments’’ or by using the Issued: February 5, 2021. By mail ...... Assistant Attorney General, search function. Lisa Barton, U.S. DOJ—ENRD, P.O. Comments are invited on: (1) Whether Secretary to the Commission. Box 7611, Washington, DC the collection of information is 20044–7611. [FR Doc. 2021–02761 Filed 2–9–21; 8:45 am] necessary for the proper performance of BILLING CODE 7020–02–P the functions of the Department, During the public comment period, including whether the information will the proposed modification may be have practical utility; (2) if the DEPARTMENT OF JUSTICE examined and downloaded at this information will be processed and used Justice Department website: https:// in a timely manner; (3) the accuracy of Notice of Lodging of Proposed www.justice.gov/enrd/consent-decrees. the agency’s estimates of the burden and Consent Decree Modification Under We will provide a paper copy of the cost of the collection of information, the Clean Water Act proposed modification upon written including the validity of the request and payment of reproduction methodology and assumptions used; (4) On January 19, 2021, the Department ways to enhance the quality, utility and costs. Please mail your request and of Justice lodged with the United States clarity of the information collection; and payment to: Consent Decree Library, District Court for the District of Alaska (5) ways to minimize the burden of the U.S. DOJ—ENRD, P.O. Box 7611, a proposed modification of the 2016 collection of information on those who Consent Decree in United States and Washington, DC 20044–7611. are to respond, including the use of State of Alaska v. City of Palmer, 3:16 Please enclose a check or money order automated collection techniques or cv 000204. for $36.50 (25 cents per page other forms of information technology. FOR FURTHER INFORMATION CONTACT: 2 All contract personnel will sign appropriate Crystal Rennie by telephone at 202– nondisclosure agreements. _ _ 3 Electronic Document Information System 693–0456, or by email at DOL PRA (EDIS): https://edis.usitc.gov. [email protected].

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SUPPLEMENTARY INFORMATION: The DEPARTMENT OF LABOR Register on October 19, 2020 (85 FR inspection and certification records 66360). required by the Standard on Mechanical Office of the Secretary This information collection is subject Power Presses are intended to ensure to the PRA. A Federal agency generally Agency Information Collection cannot conduct or sponsor a collection that mechanical power presses are in Activities; Submission for OMB safe operating condition, and that all of information, and the public is Review; Comment Request; Steel generally not required to respond to an safety devices are working properly. The Erection Standard failure of these safety devices could information collection, unless the OMB approves it and displays a currently cause serious injury or death to a ACTION: Notice of availability; request worker. For additional substantive for comments. valid OMB Control Number. In addition, notwithstanding any other provisions of information about this ICR, see the SUMMARY: The Department of Labor law, no person shall generally be subject related notice published in the Federal (DOL) is submitting this Occupational to penalty for failing to comply with a Register on October 28, 2020 (85 FR Safety and Health Administration collection of information that does not 68371). (OSHA)-sponsored information display a valid OMB Control Number. This information collection is subject collection request (ICR) to the Office of See 5 CFR 1320.5(a) and 1320.6. to the PRA. A Federal agency generally Management and Budget (OMB) for DOL seeks PRA authorization for this cannot conduct or sponsor a collection review and approval in accordance with information collection for three (3) of information, and the public is the Paperwork Reduction Act of 1995 years. OMB authorization for an ICR generally not required to respond to an (PRA). Public comments on the ICR are cannot be for more than three (3) years information collection, unless the OMB invited. without renewal. The DOL notes that approves it and displays a currently DATES: The OMB will consider all information collection requirements valid OMB Control Number. In addition, written comments that agency receives submitted to the OMB for existing ICRs notwithstanding any other provisions of on or before March 12, 2021. receive a month-to-month extension law, no person shall generally be subject ADDRESSES: Written comments and while they undergo review. Agency: DOL–OSHA. to penalty for failing to comply with a recommendations for the proposed information collection should be sent Title of Collection: Steel Erection collection of information that does not Standard. display a valid OMB Control Number. within 30 days of publication of this notice to www.reginfo.gov/public/do/ OMB Control Number: 1218–0241. See 5 CFR 1320.5(a) and 1320.6. Affected Public: Private Sector, PRAMain. Find this particular DOL seeks PRA authorization for this Businesses or other for-profits. information collection by selecting Total Estimated Number of information collection for three (3) ‘‘Currently under 30-day Review—Open years. OMB authorization for an ICR Respondents: 18,468. for Public Comments’’ or by using the Total Estimated Number of cannot be for more than three (3) years search function. without renewal. The DOL notes that Responses: 101,624. Comments are invited on: (1) Whether Total Estimated Annual Time Burden: information collection requirements the collection of information is 34,157 hours. submitted to the OMB for existing ICRs necessary for the proper performance of Total Estimated Annual Other Costs receive a month-to-month extension the functions of the Department, Burden: $0. while they undergo review. including whether the information will (Authority: 44 U.S.C. 3507(a)(1)(D)) Agency: DOL–OSHA. have practical utility; (2) if the information will be processed and used Crystal Rennie, Title of Collection: Mechanical Power in a timely manner; (3) the accuracy of Senior PRA Analyst. Presses Standard. the agency’s estimates of the burden and [FR Doc. 2021–02697 Filed 2–9–21; 8:45 am] cost of the collection of information, OMB Control Number: 1218–0229. BILLING CODE 4510–26–P Affected Public: Private Sector, including the validity of the Businesses or other for profits. methodology and assumptions used; (4) ways to enhance the quality, utility and DEPARTMENT OF LABOR Total Estimated Number of clarity of the information collection; and Respondents: 104,035. (5) ways to minimize the burden of the Office of the Secretary Total Estimated Number of collection of information on those who Responses: 62,421. are to respond, including the use of Agency Information Collection automated collection techniques or Activities; Submission for OMB Total Estimated Annual Time Burden: other forms of information technology. Review; Comment Request; Fire 20,807 hours. FOR FURTHER INFORMATION CONTACT: Protection in Shipyard Employment Total Estimated Annual Other Costs Crystal Rennie by telephone at 202– Standard Burden: $0. 693–0456, or by email at DOL_PRA_ ACTION: Notice of availability; request [email protected]. (Authority: 44 U.S.C. 3507(a)(1)(D)) for comments. SUPPLEMENTARY INFORMATION: The Crystal Rennie, Standard on Steel Erection requires that SUMMARY: The Department of Labor PRA Senior Analyst. workers exposed to fall hazards receive (DOL) is submitting this Occupational [FR Doc. 2021–02698 Filed 2–9–21; 8:45 am] specified training in the recognition and Safety and Health Administration BILLING CODE 4510–26–P control of these hazards and that they (OSHA)-sponsored information are notified that building materials, collection request (ICR) to the Office of components, steel structures, and fall Management and Budget (OMB) for protection equipment are safe for review and approval in accordance with specific uses. For additional substantive the Paperwork Reduction Act of 1995 information about this ICR, see the (PRA). Public comments on the ICR are related notice published in the Federal invited.

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DATES: The OMB will consider all receive a month-to-month extension agencies to provide a business-case written comments that agency receives while they undergo review. justification for the inclusion of the on or before March 12, 2021. Agency: DOL–OSHA. following project types: Disposal (by Title of Collection: Fire Protection in ADDRESSES: Written comments and sale as authorized by the Act) and Shipyard Employment Standard. recommendations for the proposed consolidation (which could include OMB Control Number: 1218–0248. colocation, reconfiguration, and information collection should be sent Affected Public: Private Sector, redevelopment). The recommendation within 30 days of publication of this Businesses or other for-profits. notice to www.reginfo.gov/public/do/ Total Estimated Number of template required agencies to provide PRAMain. Find this particular Respondents: 253. the following information for each information collection by selecting Total Estimated Number of project submitted: Agency priority, ‘‘Currently under 30-day Review—Open Responses: 184,921. ownership, marketability, agency for Public Comments’’ or by using the Total Estimated Annual Time Burden: mission impacts, financial return search function. 16,251 hours. (including costs associated with project Comments are invited on: (1) Whether Total Estimated Annual Other Costs implementation), and utilization rate the collection of information is Burden: $0. information. OMB and GSA then necessary for the proper performance of (Authority: 44 U.S.C. 3507(a)(1)(D)) evaluated these submissions based on the functions of the Department, real estate fundamentals, financial including whether the information will Crystal Rennie, information, schedule certainty, and have practical utility; (2) if the Senior PRA Analyst. other factors as required by Public Law information will be processed and used [FR Doc. 2021–02696 Filed 2–9–21; 8:45 am] 112–287 Section 11(b)(3). In addition, in a timely manner; (3) the accuracy of BILLING CODE 4510–26–P GSA and OMB established a ranking the agency’s estimates of the burden and scheme of high, medium, and low cost of the collection of information, priority to assign relative priority to the including the validity of the OFFICE OF MANAGEMENT AND projects submitted by the agencies. As methodology and assumptions used; (4) BUDGET OMB and GSA are working to mature ways to enhance the quality, utility and [Notice–PBS–2019–06; Docket No. 2019– the FASTA process, the OMB list was clarity of the information collection; and 0002; Sequence No. 15] limited to less complex property (5) ways to minimize the burden of the disposals with the understanding that collection of information on those who Publication of Standards, Criteria and the Board has access to multiple other are to respond, including the use of Recommendations sources of information to determine its automated collection techniques or next set of disposal recommendations. other forms of information technology. AGENCY: Office of Management and Budget More complex options such as FOR FURTHER INFORMATION CONTACT: consolidations and land swaps were not ACTION: Notice. Crystal Rennie by telephone at 202– included in this list because there are 693–0456, or by email at DOL_PRA_ SUMMARY: The notice provides the list of other factors, including proposed [email protected]. Office of Management and Budget legislative reforms that may impact SUPPLEMENTARY INFORMATION: The (OMB) recommended Federal real those types of disposal options. This standard requires employers to develop property for consideration by the Public approach is intended to build on OMB’s a written fire safety plan and written Buildings Reform Board (PBRB) for recent approval of the PBRB’s high- statements or policies that contain disposal, consolidation, or co-location value list and the lessons learned from information about fire watches and fire and the standards and criteria used to actions taken to sell those properties. response duties and responsibilities. For assess the property. OMB looks forward to continuing to additional substantive information ADDRESSES: Recommendations on refine this process over subsequent about this ICR, see the related notice Federal real property to be disposed rounds provided in the statute by published in the Federal Register on may be submitted online at developing increasingly complex November 12, 2020 (85 FR 71949). http:www.gsa.gov/fasta. transactions, potentially to include This information collection is subject FOR FURTHER INFORMATION CONTACT: U.S. consolidations or other actions. Agency to the PRA. A Federal agency generally Office of Management and Budget, 725 submissions were evaluated by review cannot conduct or sponsor a collection 17th Street NW, Washington, DC 20503. teams from PBS and OMB with priority of information, and the public is Contact Bill Hamele by phone at (202) given to projects with strong real estate generally not required to respond to an 395–7583 and by email at whamele@ fundamentals, favorable financial data, information collection, unless the OMB omb.eop.gov. limited complexity, availability of approves it and displays a currently SUPPLEMENTARY INFORMATION: information for the public on effected valid OMB Control Number. In addition, I. Background: As required in Section buildings, and high schedule certainty. notwithstanding any other provisions of 11(d)(2) of Public Law 114–287, the A combination of the evaluation of law, no person shall generally be subject standards, criteria, and submitted data, assessment of the to penalty for failing to comply with a recommendations developed pursuant evaluation factors required by Public collection of information that does not to subsection (b) shall be published in Law 112–287 Section 11(b)(3), and display a valid OMB Control Number. the Federal Register. OMB asked dialogue with agencies resulted in the See 5 CFR 1320.5(a) and 1320.6. landholding agencies to submit projects final high, medium, low rankings. Only DOL seeks PRA authorization for this for consideration through an agency projects ranked High or Medium were information collection for three (3) recommendation template developed in recommended to the PBRB. Project in years. OMB authorization for an ICR coordination with the General Services the Low category did not provide cannot be for more than three (3) years Administration (GSA) Public Buildings sufficient financial benefit to the without renewal. The DOL notes that Service (PBS). government or had high risk and high information collection requirements II. Standards & Criteria: The agency cost, generally associated with submitted to the OMB for existing ICRs recommendation template allows environmental cleanup.

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It is important to note that while efficiency opportunities, provide and the private sector. In some building OMB, with GSA’s assistance, did performance data, and be consistent types, there exist significant variations conduct this evaluation of the agency- throughout each applicable category of in programmatic purpose that prevent identified properties and is providing a space. reliable comparisons between them. list of properties for consideration of the A. Office Buildings Creating a standard utilization rate for PBRB, it is ultimately the responsibility non-office building types would often of the PBRB to fully vet each property, The results of the study revealed that provide a misleading and inaccurate as the PBRB, working with GSA, is only the FRPP building type ‘‘office’’ efficiency measurements, particularly if charged with carrying out the disposals lends itself to a standard utilization comparison was made among agencies. and consolidations. Like the High Value metric. Utilization rates for office space Based on this, GSA recommends that Asset process, OMB will expect that the are used by the private sector and a non-office buildings identified in PBRB provide the necessary financial majority of federal agencies to manage Agency Recommendations be evaluated information to weigh the likelihood of their space and assess its efficient use. individually by real estate professionals, project by project success. Further, the OMB and GSA recommends to PBRB based on the building’s unique ability to availability of appropriations including that buildings reported to the FRPP with meet mission requirements of the a building use code of ‘‘office’’ should appropriations of proceeds from the agency at that specific location, to assess utilize the following utilization rate High Value Round disposals will be a how efficiently the building is being calculation: Total Administrative Office critical determination of what is utilized. possible to execute, and that is currently Space (useable square feet) divided by unknown. Total Headcount = administrative Office IV. Agency Recommendations: In III. Standard Utilization Rates: In Utilization Rate (usable square feet per accordance with 11(d)(2) of Public Law 2017–2018, GSA and OMB researched person). This Administrative Office 114–287, the list of recommendations existing utilization rate standards that Utilization Rate formula focuses solely was submitted by OMB and GSA and could potentially be used to evaluate on that space which is commonly found has been provided to the Committee on Agency Recommendations, in in a commercial office setting: Transportation and Infrastructure of the accordance with Public Law 114–287, Workstations, private offices, House of Representatives; the Section 11(c), ‘‘Special Rule for collaboration areas, meeting spaces, and Committee on Oversight and Utilization Rates.’’ Specifically FASTA other standard support spaces, and Government Reform of the House of required that standards developed by associated internal circulation. Any Representatives; the Committee on the Director of OMB pursuant to space that is unique to the agency and Homeland Security and Governmental subsection (b) ‘‘shall incorporate and does not have a commercial office Affairs of the Senate; the Committee on apply clear standard utilization rates to equivalent (termed ‘‘special space’’) is Environment and Public Works of the the extent that such standard rates removed from the calculation. This Senate; and the Committees on increase efficiency and provide special space is instead evaluated based Appropriations of the House of performance data. The utilization rates on its efficiency relative to achieving the Representatives and the Senate; the shall be consistent throughout each agency’s programmatic goals and Government Accountability Office; and applicable category of space and with established design criteria. the Public Buildings Reform Board. non-government space utilization OMB believes that to fully utilize the B. Non-Office Buildings rates.’’ authority provided by FASTA, the next This research was conducted by GSA For all other FRPP building types round of PBRB recommendations with input from OMB. For each Federal other than ‘‘office’’, the study revealed should include 100 or more properties Real Property Profile (FRPP) that a clear and reliable utilization rate and that projects already identified by predominant building use type, is not in common use within the the agencies as priorities are likely to be potential utilization rate approaches government or the private sector, and strong candidates for that list. were identified and evaluated based on that it is currently not feasible to create the criteria established in this section, such rates without extensive and close Deidre A. Harrison, including the ability to identify collaboration among the government Deputy Controller (Acting).

Total Agency Agency Property name City State Priority Annual improve- Total square Total acres O&M costs ments footage

VA ...... VHA ...... Menlo Park VA Medical Menlo Park ...... CA ...... Medium ...... $4,302 1 15,200 2.24 Center—NW Parcel. Agriculture ...... ARS ...... Portion of ARS Glen Dale Glen Dale ...... MD ..... Medium ...... 2,500,000 24 31,242 70 Energy ...... ANL ...... Argonne National Lab— Argonne ...... IL ...... Medium ...... 0 0 8.4 Vacant Land/2 Parking Structures. EPA ...... EPA ...... Lakes & Rivers Fore- Grosee Ile ...... MI ...... Medium ...... 239,196 4 35,547 3.1 casting Research Sta- tion. Labor ...... Job Corps ...... Earle C Clements Job Morgansfield .... KY ...... Medium ...... 0 0 600 Corps Center—Vacant Land. VA ...... VHA ...... Sepulveda North Parcel Sepulveda ...... CA ...... Medium ...... 18 35,316 3.53 VA ...... VHA ...... Portion of Manchester VA Manchester ..... NH ...... Medium ...... 33,661 1 2,776 2.8 Medical Center. VA ...... VHA ...... Portion of VA Campus— Walla Walla ..... WA ..... Medium ...... 0 0 13 Baseball Fields. VA ...... VHA ...... Tomah Quarters Build- Tomah ...... WI ...... Medium ...... 12,401 3 30,823 2 ings. Labor ...... Job Corps ...... Portion of Atterbury Job Edinburgh ...... IN ...... Medium ...... 8 62,840.00 93.00 Corps Center.

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Total Agency Agency Property name City State Priority Annual improve- Total square Total acres O&M costs ments footage

Labor ...... Job Corps ...... Gary Job Corps Center San Marcos ..... TX ...... Medium ...... 558,677 59 142,622.00 60.00 Staff Housing. VA ...... VHA ...... Portion of FDR Campus Montrose ...... NY ...... Medium ...... 0 0 5.10 VA ...... VHA ...... Portion of VA New Jer- Lyons ...... NJ ...... Medium ...... 0 0 0.10 sey HCS.

3,348,237 118 356,366 863.27

[FR Doc. 2021–02695 Filed 2–9–21; 8:45 am] Regulations.gov to Stacy Schumann; is available in ADAMS under Accession BILLING CODE 3110–01–P telephone: 301–415–0624; email: No. ML20339A558. [email protected]. For technical • Attention: The PDR, where you may questions, contact the individuals listed examine and order copies of public NUCLEAR REGULATORY in the FOR FURTHER INFORMATION documents, is currently closed. You COMMISSION CONTACT section of this document. may submit your request to the PDR via • Mail comments to: Office of email at [email protected] or call 1– [NRC–2021–0038] Administration, Mail Stop: TWFN–7– 800–397–4209 or 301–415–4737, A60M, U.S. Nuclear Regulatory between 8:00 a.m. and 4:00 p.m. (EST), Safety-Related Steel Structures and Commission, Washington, DC 20555– Monday through Friday, except Federal Steel-Plate Composite Walls for Other 0001, ATTN: Program Management, holidays. Than Reactor Vessels and Announcements, and Editing Staff. B. Submitting Comments Containments For additional direction on obtaining AGENCY: Nuclear Regulatory information and submitting comments, The NRC encourages electronic Commission. see ‘‘Obtaining Information and comment submission through the Federal Rulemaking website (https:// ACTION: Submitting Comments’’ in the Draft regulatory guide; request www.regulations.gov). Please include for comment. SUPPLEMENTARY INFORMATION section of this document. Docket ID NRC–2021–0038 in your SUMMARY: The U.S. Nuclear Regulatory FOR FURTHER INFORMATION CONTACT: comment submission. The NRC cautions you not to include Commission (NRC) is issuing for public Edward O’Donnell, telephone: 301–415– identifying or contact information that comment a draft regulatory guide (DG), 3317, email: [email protected] you do not want to be publicly DG–1304, ‘‘Safety-Related Steel and Marcos Rolon Acevedo, telephone: disclosed in your comment submission. Structures and Steel-Plate Composite 301–415–2208, email: Marcos.Rolon@ The NRC will post all comment Walls for other than Reactor Vessels and nrc.gov. Both are staff of the Office of submissions at https:// Containments.’’ DG–1304 is a new guide Nuclear Regulatory Research, U.S. www.regulations.gov as well as enter the that proposes guidance to meet Nuclear Regulatory Commission, comment submissions into ADAMS. regulatory requirements for safety- Washington, DC 20555–0001. The NRC does not routinely edit related steel structures and steel-plate SUPPLEMENTARY INFORMATION: composite walls for other than reactor comment submissions to remove vessels. DG–1304 endorses, with I. Obtaining Information and identifying or contact information. If you are requesting or aggregating exceptions and clarifications, the 2018 Submitting Comments comments from other persons for edition of American National Standards A. Obtaining Information submission to the NRC, then you should Institute/American Nuclear Society Please refer to Docket ID NRC–2021– inform those persons not to include (ANSI/AISC) N690, ‘‘Specification for 0038 when contacting the NRC about identifying or contact information that Safety-Related Steel Structures for the availability of information for this they do not want to be publicly Nuclear Facilities.’’ action. You may obtain publicly disclosed in their comment submission. DATES: Submit comments by March 29, available information related to this Your request should state that the NRC 2021. Comments received after this date action by any of the following methods: does not routinely edit comment will be considered if it is practical to do • Federal Rulemaking website: Go to submissions to remove such information so, but the NRC is able to ensure https://www.regulations.gov and search before making the comment consideration only for comments for Docket ID NRC–2021–0038. submissions available to the public or received on or before this date. • NRC’s Agencywide Documents entering the comment into ADAMS. Although a time limit is given, Access and Management System comments and suggestions in (ADAMS): You may obtain publicly II. Additional Information connection with items for inclusion in available documents online in the The NRC is issuing for public guides currently being developed or ADAMS Public Documents collection at comment a DG in the NRC’s ‘‘Regulatory improvements in all published guides https://www.nrc.gov/reading-rm/ Guide’’ series. This series was are encouraged at any time. adams.html. To begin the search, select developed to describe and make ADDRESSES: You may submit comments ‘‘Begin Web-based ADAMS Search.’’ For available to the public information by any of the following methods, problems with ADAMS, please contact regarding methods that are acceptable to however, the NRC encourages electronic the NRC’s Public Document Room (PDR) the NRC staff for implementing specific comment submission through the reference staff at 1–800–397–4209, at parts of the NRC’s regulations, Federal Rulemaking website: 301–415–4737, or by email to techniques that the staff uses in • Federal Rulemaking website: Go to [email protected]. DG–1304, evaluating specific issues or postulated https://www.regulations.gov and search ‘‘Safety-Related Steel Structures and events, and data that the staff needs in for Docket ID NRC–2021–0038. Address Steel-Plate Composite Walls for other its review of applications for permits questions about Docket IDs in than Reactor Vessels and Containments’’ and licenses.

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The DG, entitled, ‘‘Safety-Related year 2020 medical related events; a 1. Persons who wish to provide a Steel Structures and Steel-Plate discussion on the status of the NRC’s written statement should submit an Composite Walls for other than Reactor patient release evaluation of emerging electronic copy to Ms. Jamerson using Vessels and Containments’’ is a brachytherapy sources; a discussion on the contact information listed above. All proposed new guide temporarily calibration procedures for existing and submittals must be received by the close identified by its task number, DG–1304. emerging brachytherapy sources; a of business on March 10, 2021 and must It proposes guidance to meet regulatory discussion on the current ACMUI only pertain to the topics on the agenda. requirements for safety-related steel reporting structure; and an overview on 2. Questions and comments from structures and steel-plate composite the consequences of members of the public will be permitted walls for other than reactor vessels and radiopharmaceutical extravasation and during the meeting, at the discretion of containments. It endorses with, therapeutic interventions in nuclear the ACMUI Chairman. exceptions and clarifications, the 2018 medicine. The agenda is subject to 3. The draft transcript and meeting edition of ANSI/AISC N690–2018, change. The current agenda and any summary will be available on ACMUI’s ‘‘Specification for Safety-Related Steel updates will be available on the website https://www.nrc.gov/reading- Structures for Nuclear Facilities.’’ ACMUI’s Meetings and Related rm/doc-collections/acmui/meetings/ The staff is also issuing for public Documents web page at https:// 2021.html on or about May 3, 2021. comment a draft regulatory analysis www.nrc.gov/reading-rm/doc- 4. Persons who require special (ADAMS Accession No. ML20339A559). collections/acmui/meetings/2021.html services, such as those for the hearing The staff develops a regulatory analysis or by emailing Ms. Kellee Jamerson at impaired, should notify Ms. Jamerson of to assess the value of issuing or revising the contact information below. their planned participation. a regulatory guide as well as alternative DATES: Date and Time for Open Session: This meeting will be held in courses of action. Tuesday, March 16, 2021, from 10:00 accordance with the Atomic Energy Act a.m. to 3:45 p.m. EST. III. Backfitting, Forward Fitting, and of 1954, as amended (primarily Section Issue Finality ADDRESSES: 161a); the Federal Advisory Committee Act (5 U.S.C. App); and the Issuance of DG–1304, if finalized, Date Webinar information Commission’s regulations in Title 10 of would not constitute backfitting as that the Code of Federal Regulations, Part 7. term is defined in title 10 of the Code March 16, Link: https:// of Federal Regulations (10 CFR) section 2021. usnrc.webex.com. Dated at Rockville, Maryland this 4th day of February, 2021. 50.109, ‘‘Backfitting,’’ and as described Event number: 199 910 in NRC Management Directive 8.4, 9533. For the U.S. Nuclear Regulatory Commission. ‘‘Management of Backfitting, Forward Public Participation: Due to the Fitting, Issue Finality, and Information Russell E. Chazell, ongoing COVID–19 public health Requests’’; constitute forward fitting as Federal Advisory Committee Management emergency, the meeting will be held as that term is defined and described in Officer. a webinar using Cisco WebEx. Any MD 8.4; or affect issue finality of any [FR Doc. 2021–02688 Filed 2–9–21; 8:45 am] member of the public who wishes to approval issued under 10 CFR part 52, BILLING CODE 7590–01–P participate in any portion of this ‘‘Licenses, Certificates, and Approvals meeting should register in advance of for Nuclear Power Plants.’’ As explained the meeting by accessing the provided in DG–1304, applicants and licensees link above. Upon successful registration, OFFICE OF PERSONNEL are not required to comply with the a confirmation email will be generated MANAGEMENT positions set forth in DG–1361. providing the telephone bridge line and Dated: February 4, 2021. Submission for Review: 3206–0156, a link to join the webinar on the day of Application for Death Benefits Under For the Nuclear Regulatory Commission. the meeting. Members of the public the Civil Service Retirement System Meraj Rahimi, should also monitor the NRC’s Public (SF 2800); Documentation in Support Chief, Regulatory Guidance and Generic Meeting Schedule at https:// of Application for Death Benefits When Issues Branch, Division of Engineering, Office www.nrc.gov/pmns/mtg for any meeting Deceased Was an Employee at the of Nuclear Regulatory Research. updates. If there are any questions Time of Death (CSRS) [FR Doc. 2021–02720 Filed 2–9–21; 8:45 am] regarding the meeting, persons should BILLING CODE 7590–01–P contact Ms. Jamerson using the AGENCY: Office of Personnel information below. Management. FOR FURTHER INFORMATION CONTACT: Ms. ACTION: 60-Day notice and request for NUCLEAR REGULATORY Kellee Jamerson, email: comments. COMMISSION [email protected], telephone: 301–415–7408. SUMMARY: Retirement Services, Office of Advisory Committee on the Medical SUPPLEMENTARY INFORMATION: Personnel Management (OPM) offers the Uses of Isotopes: Meeting Notice Purpose: Discuss issues related to 10 general public and other federal AGENCY: U.S. Nuclear Regulatory CFR part 35 Medical Use of Byproduct agencies the opportunity to comment on Commission. Material. a renewal with minor edits of ACTION: Notice of meeting. information collection request (ICR), SF Conduct of the Meeting 2800—Application for Death Benefits SUMMARY: The U.S. Nuclear Regulatory The ACMUI Chair, Darlene F. Metter, (CSRS) and SF 2800A—Documentation Commission (NRC) will convene a M.D., will preside over the meeting. Dr. and Elections in Support of Application meeting of the Advisory Committee on Metter will conduct the meeting in a for Death Benefits When Deceased Was the Medical Uses of Isotopes (ACMUI) manner that will facilitate the orderly an Employee at the Time of Death on March 16, 2021. A sample of agenda conduct of business. The following (CSRS). We have updated the way we items to be discussed during the public procedures apply to public participation display the OMB control number and session includes: An overview of fiscal in the meeting: there are editorial changes to the

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instructions and forms regarding death benefits to the survivors of www.prc.gov, Docket Nos. MC2021–67, contacting OPM and etc. Federal employees and annuitants. CP2021–70. Standard Form 2800A is needed for DATES: Comments are encouraged and Sean Robinson, deaths in service so that survivors can will be accepted until April 12, 2021. Attorney, Corporate and Postal Business Law. ADDRESSES make the needed elections regarding : You may submit comments, [FR Doc. 2021–02747 Filed 2–9–21; 8:45 am] identified by docket number and/or military service. BILLING CODE 7710–12–P Regulatory Information Number (RIN) Analysis and title, by the following method: Agency: Retirement Operations, —Federal Rulemaking Portal: http:// Retirement Services, Office of Personnel SECURITIES AND EXCHANGE www.regulations.gov. Follow the Management. COMMISSION instructions for submitting comments. Title: Application for Death Benefits All submissions received must [Release No. 34–91065; File No. SR– under the Civil Service Retirement NYSEAMER–2021–07] include the agency name and docket System (SF 2800); and Documentation number or RIN for this document. The and Elections in Support of Application Self-Regulatory Organizations; NYSE general policy for comments and other for Death Benefits When Deceased Was American LLC; Notice of Filing and submissions from members of the public an Employee at the Time of Death (SF Immediate Effectiveness of a Proposed is to make these submissions available 2800A). Rule Change To Amend the NYSE for public viewing at http:// American Options Fee Schedule www.regulations.gov as they are OMB Number: 3206–0156. received without change, including any Frequency: On occasion. February 4, 2021. personal identifiers or contact Affected Public: Individuals or Pursuant to Section 19(b)(1) 1 of the information. Households. Securities Exchange Act of 1934 (the Number of Respondents: SF 2800 = 2 3 FOR FURTHER INFORMATION CONTACT: A ‘‘Act’’) and Rule 19b–4 thereunder, copy of this ICR with applicable 40,000; SF 2800A = 400. notice is hereby given that, on February supporting documentation, may be Estimated Time per Respondent: SF 1, 2021, NYSE American LLC (‘‘NYSE obtained by contacting the Retirement 2800 = 45 minutes; SF 2800A = 45 American’’ or the ‘‘Exchange’’) filed Services Publications Team, Office of minutes. with the Securities and Exchange Personnel Management, 1900 E Street Total Burden Hours: 30,300 (SF 2800 Commission (the ‘‘Commission’’) the NW, Room 3316–L, Washington, DC = 30,000; SF 2800A = 300). proposed rule change as described in Items I, II, and III below, which Items 20415, Attention: Cyrus S. Benson, or Office of Personnel Management. sent via electronic mail to have been prepared by the self- Alexys Stanley, regulatory organization. The [email protected] or faxed to Regulatory Affairs Analyst. (202) 606–0910 or via telephone at (202) Commission is publishing this notice to [FR Doc. 2021–02706 Filed 2–9–21; 8:45 am] 606–4808. solicit comments on the proposed rule BILLING CODE 6325–38–P change from interested persons. SUPPLEMENTARY INFORMATION: As required by the Paperwork Reduction I. Self-Regulatory Organization’s Act of 1995 (Pub. L. 104–13, 44 U.S.C. Statement of the Terms of Substance of chapter 35) as amended by the Clinger- POSTAL SERVICE the Proposed Rule Change Cohen Act (Pub. L. 104–106), OPM is The Exchange proposes to amend the soliciting comments for this collection Product Change—Priority Mail and NYSE American Options Fee Schedule (OMB No. 3206–0121). The Office of First-Class Package Service (‘‘Fee Schedule’’) to introduce a new Management and Budget is particularly Negotiated Service Agreement credit applicable to Customer Electronic interested in comments that: executions. The Exchange proposes to AGENCY: Postal ServiceTM. 1. Evaluate whether the proposed implement the fee change effective collection of information is necessary ACTION: Notice. February 1, 2021. The proposed rule for the proper performance of functions change is available on the Exchange’s of the agency, including whether the SUMMARY: The Postal Service gives website at www.nyse.com, at the information will have practical utility; notice of filing a request with the Postal principal office of the Exchange, and at 2. Evaluate the accuracy of the Regulatory Commission to add a the Commission’s Public Reference agency’s estimate of the burden of the domestic shipping services contract to Room. proposed collection of information, the list of Negotiated Service including the validity of the Agreements in the Mail Classification II. Self-Regulatory Organization’s methodology and assumptions used; Schedule’s Competitive Products List. Statement of the Purpose of, and Statutory Basis for, the Proposed Rule 3. Enhance the quality, utility, and DATES: Date of required notice: February Change clarity of the information to be 10, 2021. collected; and In its filing with the Commission, the 4. Minimize the burden of the FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202–268–8405. self-regulatory organization included collection of information on those who statements concerning the purpose of, are to respond, including through the SUPPLEMENTARY INFORMATION: The and basis for, the proposed rule change ® use of appropriate automated, United States Postal Service hereby and discussed any comments it received electronic, mechanical, or other gives notice that, pursuant to 39 U.S.C. on the proposed rule change. The text technological collection techniques or 3642 and 3632(b)(3), on February 3, of those statements may be examined at other forms of information technology, 2021, it filed with the Postal Regulatory the places specified in Item IV below. e.g., permitting electronic submissions Commission a USPS Request to Add of responses. Priority Mail & First-Class Package 1 15 U.S.C. 78s(b)(1). Standard Form 2800 is needed to Service Contract 190 to Competitive 2 15 U.S.C. 78a. collect information so that OPM can pay Product List. Documents are available at 3 17 CFR 240.19b–4.

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The Exchange has prepared summaries, promoting market depth, facilitating The Exchange believes that the ever- set forth in sections A, B, and C below, tighter spreads, and enhancing price shifting market share among the of the most significant parts of such discovery to the benefit of all market exchanges from month to month statements. participants. demonstrates that market participants can shift order flow, or discontinue or A. Self-Regulatory Organization’s 2. Statutory Basis reduce use of certain categories of Statement of the Purpose of, and the The Exchange believes that the products, in response to fee changes. Statutory Basis for, the Proposed Rule proposed rule change is consistent with Accordingly, competitive forces Change Section 6(b) of the Act,5 in general, and constrain options exchange transaction 1. Purpose furthers the objectives of Sections fees. Stated otherwise, changes to 6 The purpose of this filing is to modify 6(b)(4) and (5) of the Act, in particular, exchange transaction fees and rebates the Fee Schedule to add a new credit for because it provides for the equitable can have a direct effect on the ability of Customer Electronic Simple and allocation of reasonable dues, fees, and an exchange to compete for order flow. Complex executions based on an ATP other charges among its members, The proposed rule change is designed Holder’s achievement of certain volume issuers and other persons using its to continue to incent ATP Holders to thresholds. Specifically, an ATP Holder facilities and does not unfairly direct liquidity to the Exchange in a that executes the requisite volume in discriminate between customers, variety of forms and from a variety of Complex CUBE Auctions, Customer issuers, brokers or dealers. sources, thereby promoting market depth, price discovery, and price Electronic executions, and Professional The Proposed Rule Change Is improvement and enhancing order (as defined in Section I.H. of the Fee Reasonable Schedule) Electronic executions will execution opportunities for market earn a $0.10 per contract credit on The Exchange operates in a highly participants. In particular, the Exchange Customer Electronic executions, competitive market. The Commission believes it is reasonable to provide ATP excluding CUBE Auctions, QCC has repeatedly expressed its preference Holders with a credit for achieving Transactions, and orders routed to for competition over regulatory certain volume goals in different types another exchange. The Exchange intervention in determining prices, of executions, consistent with credits proposes to introduce this pricing on products, and services in the securities offered through a similarly-structured markets. In Regulation NMS, the program on a competing options February 1, 2021. 10 Section I.H. of the Fee Schedule Commission highlighted the importance exchange. currently provides incentives for ATP of market forces in determining prices The Exchange believes that the Holders that increase their Electronic and SRO revenues and, also, recognized proposed credit is reasonably designed volume in the Professional Customer, that current regulation of the market to encourage ATP Holders to execute a Broker Dealer, Non-NYSE American system ‘‘has been remarkably successful variety of orders on the Exchange and Options Market Maker, and Firm ranges in promoting market competition in its that having multiple volume criteria to (collectively, the ‘‘Professional’’ range). broader forms that are most important to qualify for the proposed credit should The Exchange proposes to modify investors and listed companies.’’ 7 encourage greater use of the Exchange Section I.H. to provide ATP Holders There are currently 16 registered by all ATP Holders, which may lead to with a new credit of $0.10 per contract options exchanges competing for order greater opportunities to trade—and for on Customer Electronic Simple and flow. Based on publicly-available price improvement—for all participants. Complex executions (excluding CUBE information, and excluding index-based Further, the Exchange believes the Auctions, QCC Transactions, and orders options, no single exchange has more proposed new credit would continue to routed to another exchange), provided than 16% of the market share of attract more volume and liquidity to the that each of three monthly volume executed volume of multiply-listed Exchange generally and would therefore qualifications are met: (a) 15,000 equity and ETF options trades.8 benefit all market participants through Contracts ADV from Initiating CUBE Therefore, currently no exchange increased opportunities to trade at Orders in Complex CUBE Auctions; (b) possesses significant pricing power in potentially improved prices, as well as Customer Electronic executions of the execution of multiply-listed equity by enhancing price discovery. 0.05% of TCADV, excluding CUBE and ETF options order flow. More Finally, to the extent the proposed Auctions, QCC Transactions, and specifically, in November 2020, the fees and credits encourage greater volume from orders routed to another Exchange had less than 10% market volume and liquidity, the Exchange exchange; and (c) Professional share of executed volume of multiply- believes the proposed change would Electronic executions of 0.03% of listed equity and ETF options trades.9 continue to improve the Exchange’s TCADV.4 In calculating an OFP’s overall competitiveness and strengthen its market quality for all market Electronic volume for purposes of this 5 15 U.S.C. 78f(b). credit, the Exchange will include the 6 15 U.S.C. 78f(b)(4) and (5). participants. In the backdrop of the activity of either (i) Affiliates of the 7 See Securities Exchange Act Release No. 51808 competitive environment in which the OFP, such as when an OFP has an (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) Exchange operates, the proposed rule (S7–10–04) (‘‘Reg NMS Adopting Release’’). change is a reasonable attempt by the Affiliated NYSE American Options 8 The OCC publishes options and futures volume Exchange to maintain its market share Market Making firm, or (ii) an in a variety of formats, including daily and monthly Appointed MM of such OFP. volume by exchange, available here: https:// relative to its competitors. The Exchange believes the proposed www.theocc.com/Market-Data/Market-Data- Reports/Volume-and-Open-Interest/Monthly- 10 See, e.g., Cboe Exchange Inc. Fee Schedule, credit will continue to incent ATP Weekly-Volume-Statistics. Volume Incentive Program, available at: https:// Holders to direct order flow to the 9 Based on a compilation of OCC data for monthly cdn.cboe.com/resources/membership/Cboe_ Exchange and also encourage ATP volume of equity-based options and monthly FeeSchedule.pdf (providing comparable per Holders to engage in a variety of volume of ETF-based options, see id., the contract credits for Customer orders based on Exchange’s market share in multiply-listed equity volume from a variety of executions, including transactions on the Exchange, thereby and ETF options increased from 8.06% for the auction volume, volume from various account month of November 2019 to 9.09% for the month types, and volume from both simple and complex 4 See proposed Fee Schedule, Section I.H. of November 2020. executions).

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The Proposed Rule Change Is an thus would promote just and equitable participants can readily favor one of the Equitable Allocation of Fees and Credits principles of trade, remove 16 competing option exchanges if they The Exchange believes the proposed impediments to and perfect the deem fee levels at a particular venue to rule change is an equitable allocation of mechanism of a free and open market be excessive. In such an environment, its fees and credits. The proposal is and a national market system and, in the Exchange must continually adjust its based on the amount and type of general, to protect investors and the fees and credits to remain competitive business transacted on the Exchange public interest. with other exchanges and to attract Finally, the Exchange believes that it and ATP Holders can opt to avail order flow to the Exchange. Based on is subject to significant competitive themselves of the incentive or not. publicly-available information, and forces, as described below in the excluding index-based options, no Moreover, the proposal is designed to Exchange’s statement regarding the single exchange currently has more than encourage ATP Holders and their burden on competition. 16% of the market share of executed affiliated or appointed parties to volume of multiply-listed equity and aggregate their executions at the B. Self-Regulatory Organization’s ETF options trades.12 Therefore, no Exchange as a primary execution venue. Statement on Burden on Competition exchange currently possesses significant To the extent that the proposed change In accordance with Section 6(b)(8) of pricing power in the execution of continues to attract more executions to the Act, the Exchange does not believe multiply-listed equity and ETF options the Exchange, this increased order flow that the proposed rule change would order flow. More specifically, in would continue to make the Exchange a impose any burden on competition that November 2020, the Exchange had less more competitive venue for order is not necessary or appropriate in than 10% market share of executed execution. Thus, the Exchange believes furtherance of the purposes of the Act. volume of multiply-listed equity and the proposed rule change would Instead, as discussed above, the ETF options trades.13 improve market quality for all market Exchange believes that the proposed The Exchange believes that the participants on the Exchange and, as a changes would continue to encourage proposed rule change reflects this consequence, continue to attract more the submission of additional liquidity to competitive environment because it order flow to the Exchange thereby a public exchange, thereby promoting modifies the Exchange’s fees and credits improving market-wide quality and market depth, price discovery and in a manner designed to encourage ATP price discovery. transparency and enhancing order Holders to direct trading interest to the The Proposed Rule Change Is Not execution opportunities for all market Exchange, to provide liquidity and to Unfairly Discriminatory participants. As a result, the Exchange attract order flow. Specifically, the believes that the proposed changes Exchange believes that the proposed The Exchange believes that the further the Commission’s goal in rule change will encourage ATP Holders proposal is not unfairly discriminatory adopting Regulation NMS of fostering to direct increased Electronic volume to because the proposed modifications integrated competition among orders, the Exchange, thereby increasing the would be available to all similarly- which promotes ‘‘more efficient pricing number of executions (and executions of situated market participants on an equal of individual stocks for all types of varying types) on the Exchange and and non-discriminatory basis. The orders, large and small.’’ 11 continuing to make the Exchange a more Exchange’s fees and credits are designed Intramarket Competition. The competitive venue for order execution. to continue to encourage greater use of proposed change is designed to To the extent that this purpose is the Exchange, which may lead to greater continue to attract increased and diverse achieved, all the Exchange’s market opportunities to trade—and for price order flow to the Exchange by offering participants should benefit from the improvement—for all participants. competitive credits based on increased improved market quality and increased The proposal is based on the amount volumes on the Exchange, which may opportunities for price improvement. and type of business transacted on the increase the volumes of contracts traded The Exchange believes that the Exchange and ATP Holders are not on the Exchange. Specifically, the proposed changes could promote obligated to try to achieve the incentive. Exchange believes that the proposed competition between the Exchange and Rather, the proposal is designed to rule change, by offering an additional other execution venues by encouraging continue to encourage participants to credit applicable to Customer Electronic additional orders to be sent to the utilize the Exchange as a primary executions, will incent ATP Holders to Exchange for execution. trading venue (if they have not done so direct order flow to the Exchange and C. Self-Regulatory Organization’s previously) or increase Electronic participate in a variety of types of Statement on Comments on the volume sent to the Exchange. To the executions on the Exchange to meet the Proposed Rule Change Received From extent that the proposed change proposed thresholds to qualify for the Members, Participants, or Others continues to attract more executions— credit. To the extent that this purpose is and executions of varying types—to the achieved, all of the Exchange’s market No written comments were solicited Exchange, this increased order flow participants should benefit from the or received with respect to the proposed would continue to make the Exchange a continued market liquidity. Enhanced rule change. more competitive venue for order market quality and increased III. Date of Effectiveness of the execution. Thus, the Exchange believes transaction volume that results from the the proposed rule change would Proposed Rule Change and Timing for increase in order flow directed to the Commission Action continue to improve market quality for Exchange will benefit all market all market participants on the Exchange participants and improve competition The foregoing rule change is effective and, as a consequence, attract more on the Exchange. upon filing pursuant to Section order flow to the Exchange, thereby Intermarket Competition. The improving market-wide quality and Exchange operates in a highly 12 See supra note 8. price discovery. The resulting volume 13 Based on OCC data, supra note 9, the competitive market in which market Exchange’s market share in multiply-listed equity and liquidity would continue to provide and ETF options increased from 8.06% for the more trading opportunities and tighter 11 See Reg NMS Adopting Release, supra note 7, month of November 2019 to 9.09% for the month spreads to all market participants and at 37499. of November 2020.

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19(b)(3)(A) 14 of the Act and amendments, all written statements previously approved collection of subparagraph (f)(2) of Rule 19b–4 15 with respect to the proposed rule information discussed below. thereunder, because it establishes a due, change that are filed with the Form N–14 (17 CFR 239.23) is the fee, or other charge imposed by the Commission, and all written form for registration under the Exchange. communications relating to the Securities Act of 1933 (15 U.S.C. 77a et At any time within 60 days of the proposed rule change between the seq.) (‘‘Securities Act’’) of securities filing of such proposed rule change, the Commission and any person, other than issued by management investment Commission summarily may those that may be withheld from the companies registered under the temporarily suspend such rule change if public in accordance with the Investment Company Act of 1940 (15 it appears to the Commission that such provisions of 5 U.S.C. 552, will be U.S.C. 80a–1 et seq.) (‘‘Investment action is necessary or appropriate in the available for website viewing and Company Act’’) and business public interest, for the protection of printing in the Commission’s Public development companies as defined by investors, or otherwise in furtherance of Reference Room, 100 F Street NE, the purposes of the Act. If the Section 2(a)(48) of the Investment Washington, DC 20549 on official Company Act in: (1) A transaction of the Commission takes such action, the business days between the hours of Commission shall institute proceedings type specified in rule 145(a) under the 10:00 a.m. and 3:00 p.m. Copies of the Securities Act (17 CFR 230.145(a)); (2) a under Section 19(b)(2)(B) 16 of the Act to filing also will be available for determine whether the proposed rule merger in which a vote or consent of the inspection and copying at the principal security holders of the company being change should be approved or office of the Exchange. All comments disapproved. acquired is not required pursuant to received will be posted without change. applicable state law; (3) an exchange IV. Solicitation of Comments Persons submitting comments are offer for securities of the issuer or cautioned that we do not redact or edit Interested persons are invited to another person; (4) a public reoffering or personal identifying information from resale of any securities acquired in an submit written data, views, and comment submissions. You should arguments concerning the foregoing, offering registered on Form N–14; or (5) submit only information that you wish two or more of the transactions listed in including whether the proposed rule to make available publicly. All change is consistent with the Act. (1) through (4) registered on one submissions should refer to File registration statement. The principal Comments may be submitted by any of Number SR–NYSEAMER–2021–07, and the following methods: purpose of Form N–14 is to make should be submitted on or before March material information regarding Electronic Comments 3, 2021. securities to be issued in connection • Use the Commission’s internet For the Commission, by the Division of with business combination transactions comment form (http://www.sec.gov/ Trading and Markets, pursuant to delegated available to investors. The information rules/sro.shtml); or authority.17 required to be filed with the • Send an email to rule-comments@ J. Matthew DeLesDernier, Commission permits verification of sec.gov. Please include File Number SR– Assistant Secretary. compliance with securities law NYSEAMER–2021–07 on the subject [FR Doc. 2021–02714 Filed 2–9–21; 8:45 am] requirements and assures the public line. BILLING CODE 8011–01–P availability and dissemination of such Paper Comments information. Without the registration statement requirement, material • Send paper comments in triplicate SECURITIES AND EXCHANGE information may not necessarily be to Secretary, Securities and Exchange COMMISSION available to investors. Commission, 100 F Street NE, Washington, DC 20549–1090. [SEC File No. 270–297, OMB Control No. Estimates of the average burden hours 3235–0336] are made solely for the purposes of the All submissions should refer to File Paperwork Reduction Act and are not Number SR–NYSEAMER–2021–07. This Submission for OMB Review; derived from a comprehensive or even file number should be included on the Comment Request representative survey or study of the subject line if email is used. To help the costs of Commission rules and forms. Commission process and review your Revision: Form N–14 The collection of information under comments more efficiently, please use Notice is hereby given that, under the Form N–14 is mandatory. The only one method. The Commission will Paperwork Reduction Act of 1995 (44 information provided under Form N–14 post all comments on the Commission’s U.S.C. 3501 et seq.) (‘‘Paperwork will not be kept confidential. An agency internet website (http://www.sec.gov/ Reduction Act’’), the Securities and may not conduct or sponsor, and a rules/sro.shtml). Copies of the Exchange Commission (the person is not required to respond to, a submission, all subsequent ‘‘Commission’’) has submitted to the Office of Management and Budget collection of information unless it displays a currently valid OMB control 14 15 U.S.C. 78s(b)(3)(A). (‘‘OMB’’) a request for extension of the 15 17 CFR 240.19b–4(f)(2). number. 16 15 U.S.C. 78s(b)(2)(B). 17 17 CFR 200.30–3(a)(12). BILLING CODE 8011–01–P

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As summarized in Table 1 above, the that about 253 funds will make about incurring 125,883 hours of internal hour Commission has previously estimated 253 filings on Form N–14 each year, burden at a cost of about $43.78 million.

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The hour burden estimates for preparing SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s and filing reports on Form N–14 are COMMISSION Statement of the Purpose of, and based on the Commission’s experience Statutory Basis for, the Proposed Rule with the contents of the form. The [Release No. 34–91064; File No. SR– Change number of burden hours may vary CboeBZX–2021–014] In its filing with the Commission, the depending on, among other things, the Exchange included statements complexity of the filing and whether Self-Regulatory Organizations; Cboe concerning the purpose of and basis for preparation of the forms is performed by BZX Exchange, Inc.; Notice of Filing of the proposed rule change and discussed internal staff or outside counsel. a Proposed Rule Amendment To Allow any comments it received on the The amendments to Form N–14 to the Invesco Focused Discovery proposed rule change. The text of these permit BDCs to incorporate certain Growth ETF and Invesco Select statements may be examined at the places specified in Item IV below. The information by reference into that form Growth ETF (Each a ‘‘Fund’’ and, Exchange has prepared summaries, set to the same extent as registered closed- Collectively, the ‘‘Funds’’), Each a forth in sections A, B, and C below, of end fund are expected to decrease the Series of the Invesco Actively Managed Exchange-Traded Fund Trust the most significant aspects of such burden and costs for BDCs that prepare statements. and file Forms N–14. As summarized in (the ‘‘Trust’’), To Strike and Publish Table 1 above, we estimate that the total Multiple Intra-Day Net Asset Values A. Self-Regulatory Organization’s internal burden associated with N–14 (‘‘NAVs’’) and an End-of-Day NAV Statement of the Purpose of, and Statutory Basis for, the Proposed Rule will be 125,260 hours, at a cost of February 4, 2021. approximately $37,856,382. Change Pursuant to Section 19(b)(1) of the The public may view the background 1. Purpose Securities Exchange Act of 1934 (the documentation for this information ‘‘Act’’),1 and Rule 19b–4 thereunder,2 The Exchange proposed and the collection at the following website, Commission approved a rule to permit notice is hereby given that on January www.reginfo.gov. Comments should be the listing and trading of the Shares of 22, 2021, Cboe BZX Exchange, Inc. (the directed to: (i) Desk Officer for the each Fund.3 On December 22, 2020, the ‘‘Exchange’’ or ‘‘BZX’’) filed with the Securities and Exchange Commission, Exchange commenced trading in the Securities and Exchange Commission Office of Information and Regulatory Shares of each Fund. The Exchange now (the ‘‘Commission’’) the proposed rule Affairs, Office of Management and proposes to continue listing and trading change as described in Items I and II Budget, Room 10102, New Executive the Shares of each Fund pursuant to below, which Items have been prepared Office Building, Washington, DC 20503, Rule 14.11(m) and to permit the Funds by the Exchange. The Commission is or by sending an email to: to strike and publish multiple intra-day publishing this notice to solicit NAVs and an end-of-day NAV. This [email protected]; and (ii) comments on the proposed rule change proposal is designed to provide the David Bottom, Director/Chief from interested persons. marketplace with additional Information Officer, Securities and information about the Funds and their Exchange Commission, c/o Cynthia I. Self-Regulatory Organization’s respective holdings and the Exchange Roscoe, 100 F Street NE, Washington, Statement of the Terms of Substance of believes it will allow market _ DC 20549 or send an email to: PRA the Proposed Rule Change participants to better estimate the value [email protected]. Written comments Cboe BZX Exchange, Inc. (the each Fund’s underlying holdings, assess and recommendations for the proposed their risk, and provide additional ‘‘Exchange’’ or ‘‘BZX’’) is filing with the information collection should be sent certainty around intra-day price and Securities and Exchange Commission within 30 days of publication of this hedging for the Funds’ shares. notice to www.reginfo.gov/public/do/ (‘‘Commission’’) a proposed rule The NAV represents the value of a PRAMain. Find this particular amendment to allow the Invesco fund’s assets minus its liabilities information collection by selecting Focused Discovery Growth ETF and divided by the number of shares ‘‘Currently under 30-day Review—Open Invesco Select Growth ETF (each a outstanding and is used in valuing for Public Comments’’ or by using the ‘‘Fund’’ and, collectively, the ‘‘Funds’’), exchange-traded products (‘‘ETPs’’), search function. each a series of the Invesco Actively including Tracking Fund Shares. By Managed Exchange-Traded Fund Trust way of background, an ETP issues Dated: February 4, 2021. (the ‘‘Trust’’), to strike and publish shares that can be bought or sold J. Matthew DeLesDernier, multiple intra-day net asset values throughout the day in the secondary Assistant Secretary. (‘‘NAVs’’) and an end-of-day NAV. The market at a market-determined price. [FR Doc. 2021–02687 Filed 2–9–21; 8:45 am] shares of each Fund (the ‘‘Shares’’) Authorized participants that have BILLING CODE 8011–01–C would continue to comply with all of contractual arrangements with the ETP the listing standards set forth under (or its distributor) purchase and redeem Rule 14.11(m). ETP shares directly from the ETP in blocks called creation units at a price The text of the proposed rule change equal to the next NAV, and may then is also available on the Exchange’s purchase or sell individual ETP shares website (http://markets.cboe.com/us/ in the secondary market at market- equities/regulation/rule_filings/bzx/), at determined prices. ETPs trade at market the Exchange’s Office of the Secretary, prices, but the market price typically and at the Commission’s Public will be more or less than the fund’s Reference Room. 3 See Securities Exchange Act Release No. 90684 (December 16, 2020) 85 FR 83637 (December 22, 1 15 U.S.C. 78s(b)(1). 2020) (SR–CboeBZX–2020–091) (the ‘‘Initial 2 17 CFR 240.19b–4. Filing’’).

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NAV per share due to a variety of Generally, ETPs must calculate the the choice of purchasing or redeeming factors, including the underlying prices NAV at least once every business day, Shares at either of the Published NAVs of the ETP’s assets and the demand for which is typically done at market close pursuant to the applicable purchase and the ETP. Nonetheless, an ETP’s market (i.e., 4 p.m. ET).6 Indeed, Exchange redemption order processes and price is generally kept close to the ETP’s Rules reference the fact that NAV of a requirements, understanding that the end-of-day NAV because of the arbitrage series of Tracking Fund Shares is Fund will always process purchase and function inherent to the structure of the calculated at the end of the business sales consistent with the next NAV ETP. An arbitrage opportunity is day.7 Now, the Exchange is proposing to struck following the purchase or sale inherent in the ETP structure because allow the Funds to strike and publish request. The Exchange believes that the ETP’s intra-day market price the NAV per Share for each of the Funds providing market participants with the fluctuates during the trading day. Due to more than once daily.8 ability to create and redeem during the this fluctuation, the ETP’s intra-day As noted in the Initial Filing, Shares trading day, coupled with the market price may not equal the ETP’s of each of the Funds are offered by the information available to market end-of-day NAV. Authorized Trust, which is registered with the participants, will reduce the risk that participants can arbitrage this difference Commission as an open-end investment market participants face intra-day (and make a profit) because they can company and has filed a registration related to the possible divergence trade directly with the ETP at NAV 4 as statement on behalf of the Funds on between the Tracking Basket 11 and the 9 well as on the market at market- Form N–1A with the Commission. The value of the Fund’s underlying determined prices. The expected result Exemptive Relief and Registration holdings, which should enable them to of the arbitrage activity is that the Statement provide that the Funds may reduce spreads on Shares. Market market value of the ETP moves back in calculate the NAV per Share more than participants will be able to ‘‘lock in’’ line with the ETP’s NAV per share and once daily (e.g., at 12 p.m. ET and 4:00 their creation and redemption investors are able to buy ETP shares on p.m. ET), however, the Initial Filing did transactions during the trading day at an an exchange that is close to the ETP’s not seek to allow the Funds to calculate Intra-Day NAV, and at the end of the NAV per share. The arbitrage more than one NAV per day. Now, the trading day at the End-of-Day NAV. As mechanism is important because it Exchange is seeking approval to proposed, the Funds will continue to provides a means to maintain a close tie explicitly allow the Funds to strike and meet all listings standards provided in between market price and NAV per publish the NAV per Share more than Rule 14.11(m). The only change to the share of the ETP, thereby helping to once daily. Funds that the Exchange is proposing is As explained above, the calculation of ensure that ETP investors are treated to allow the Funds to strike multiple NAV provides the basis for arbitrage, equitably when buying and selling fund Intra-Day NAVs. All other material which is an instrumental mechanism in shares. representations contained within the ensuring ETP investors are treated Initial Filing remain true and will In order for the arbitrage mechanism equitably when buying and selling fund continue to constitute continued listing described above to operated efficiently, shares. The Funds seek to further reduce requirements for the Funds. market participants need to be able to market participants’ risk and to provide estimate, with high accuracy, the value intra-day price certainty by striking and 2. Statutory Basis of the ETP’s holdings, such that it can publishing its NAV more than once The Exchange believes that the then observe instances when the value 10 during each Business Day. Currently, proposal is consistent with Section 6(b) of such holdings, on a per-share basis, and by way of example, the Fund of the Act 12 in general and Section is higher or lower than the current anticipates it will strike a NAV once 6(b)(5) of the Act 13 in particular in that trading price of the shares on an during normal trading at 12:00 p.m. ET it is designed to prevent fraudulent and exchange. In the case of Tracking Fund (an ‘‘Intra-Day NAV’’) and again at the manipulative acts and practices, to Shares, the applicable ETP disseminates close of trading at 4:00 p.m. ET (the promote just and equitable principles of various information to achieve that goal, ‘‘End-of-Day NAV’’ and collectively, the trade, to foster cooperation and while not publishing a full list of fund ‘‘Published NAVs’’); however, the Fund coordination with persons engaged in holdings daily.5 In general, the more may strike and publish multiple Intra- facilitating transactions in securities, to information that is available to assist the Day NAVs. If a Fund strikes an Intra- remove impediments to and perfect the market participants in estimating the Day NAV, market participants will have mechanism of a free and open market value of the fund’s holdings, the better and a national market system and, in the arbitrage mechanism will operate 6 See 17 CFR 270.22c–1. general, to protect investors and the with respect to the Tracking Fund 7 See Exchange Rule 14.11(m)(3)(B). 8 public interest in that the Shares of each Shares. The Exchange’s proposal is similar to functionality offered for other ETPs. For example, Fund will meet each of the continued the prospectus for the Invesco Treasury Collateral listing criteria in BZX Rule 14.11(m), as 4 An open-end fund is required by law to redeem ETF provides that the Fund is calculated at 12 p.m. its securities on demand from shareholders at a and 4 p.m. ET every day the New York Stock provided in the Initial Filing. price approximately the proportionate share of the Exchange (‘‘NYSE’’) is open. See http:// The proposal to allow the Funds to fund’s NAV at the time of redemption. See 15 hosted.rightprospectus.com/Invesco/Fund.aspx?cu= strike and publish multiple intra-day U.S.C. 80a–22(d). 46138G888&dt=P&ss=ETF. NAVs will provide the marketplace with 5 As noted in the Initial Filing, each Fund will 9 The Trust is registered under the 1940 Act. On additional information related to each disclose the Tracking Basket, which is designed to September 25, 2020, the Trust filed post-effective closely track the daily performance of the Fund amendments to its registration statement on Form Portfolio, on a daily basis. Each Fund will at a N–1A relating to each Fund (File No. 811–22148) 11 As defined in Rule 14.11(m)(3)(E), the term minimum publicly disclose the entirety of its (the ‘‘Registration Statement’’). The descriptions of ‘‘Tracking Basket’’ means the identities and portfolio holdings, including the name, identifier, the Funds and the Shares contained herein are quantities of the securities and other assets market value and weight of each security and based, in part, on information included in the included in a basket that is designed to closely track instrument in the portfolio within at least 60 days Registration Statement. The Commission has issued the daily performance of the Fund Portfolio, as following the end of every fiscal quarter in a an order granting certain exemptive relief to the provided in the exemptive relief under the manner consistent with normal disclosure Trust (the ‘‘Exemptive Relief’’) under the 1940 Act. Investment Company Act of 1940 applicable to a requirements otherwise applicable to open-end See Investment Company Act of 1940 Release No. series of Tracking Fund Shares. investment companies registered under the 1940 34127 (December 2, 2020). 12 15 U.S.C. 78f(b). Act. 10 See the Exemptive Relief. 13 15 U.S.C. 78f(b)(5).

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Fund’s underlying holdings on an IV. Solicitation of Comments For the Commission, by the Division of intraday basis, which the Exchange Trading and Markets, pursuant to delegated believes will allow market participants Interested persons are invited to authority.14 to better assess their risk and provide submit written data, views, and J. Matthew DeLesDernier, additional certainty around intra-day arguments concerning the foregoing, Assistant Secretary. price and hedging. The Exchange including whether the proposed rule [FR Doc. 2021–02713 Filed 2–9–21; 8:45 am] believes that this additional information change is consistent with the Act. BILLING CODE 8011–01–P will reduce the risk that market Comments may be submitted by any of participants face intra-day, which will the following methods: encourage tighter spreads and deeper SECURITIES AND EXCHANGE Electronic Comments liquidity in Shares of the Funds, to the COMMISSION benefit of investors. The only change to • Use the Commission’s internet [Release No. 34–91056; File No. SR– the Funds that the Exchange is comment form (http://www.sec.gov/ NASDAQ–2020–028] proposing is to allow the Funds to strike rules/sro.shtml); or multiple Intra-Day NAVs. All other • Self-Regulatory Organizations; The material representations contained Send an email to rule-comments@ Nasdaq Stock Market LLC; Notice of within the Initial Filing remain true and sec.gov. Please include File Number SR– Withdrawal of a Proposed Rule will continue to constitute continued CboeBZX–2021–014 on the subject line. Change, as Modified by Amendment listing requirements for the Funds. Paper Comments No. 1, To Amend IM–5101–1 (Use of For the above reasons, the Exchange Discretionary Authority) To Apply believes that the proposed rule change • Send paper comments in triplicate Additional or More Stringent Criteria to is consistent with the requirements of to Secretary, Securities and Exchange an Applicant or Listed Company Based Section 6(b)(5) of the Act. Commission, 100 F Street NE, on Considerations Related to the Washington, DC 20549–1090. Company’s Auditor or When a B. Self-Regulatory Organization’s Company’s Business Is Principally Statement on Burden on Competition All submissions should refer to File Administered in a Jurisdiction That Is The Exchange does not believe that Number SR–CboeBZX–2021–014. This a Restrictive Market the proposed rule change will impose file number should be included on the any burden on competition that is not subject line if email is used. To help the February 4, 2021. necessary or appropriate in furtherance Commission process and review your On May 19, 2020, The Nasdaq Stock of the purpose of the Act. The Exchange comments more efficiently, please use Market LLC (‘‘Exchange’’) filed with the notes that the proposed rule change, only one method. The Commission will Securities and Exchange Commission rather, will provide additional post all comments on the Commission’s (‘‘Commission’’), pursuant to Section internet website (http://www.sec.gov/ 19(b)(1) of the Securities Exchange Act information to market participants 1 rules/sro.shtml). Copies of the of 1934 (‘‘Act’’) and Rule 19b–4 thereby reducing market participants 2 risk and intra-day price uncertainty submission, all subsequent thereunder, a proposed rule change to amend IM–5101–1 (Use of Discretionary which will allow the Fund to better amendments, all written statements Authority) to deny listing or continued compete in the marketplace, thus with respect to the proposed rule listing or to apply additional and more enhancing competition among both change that are filed with the market participants and listing venues, stringent criteria to an applicant or Commission, and all written listed company based on considerations to the benefit of investors and the communications relating to the marketplace. related to the company’s auditor or proposed rule change between the when a company’s business is C. Self-Regulatory Organization’s Commission and any person, other than principally administered in a Statement on Comments on the those that may be withheld from the jurisdiction that has secrecy laws, Proposed Rule Change Received From public in accordance with the blocking statutes, national security laws, Members, Participants, or Others provisions of 5 U.S.C. 552, will be or other laws or regulations restricting available for website viewing and The Exchange neither solicited nor access to information by regulators of printing in the Commission’s Public received comments on the proposed U.S.-listed companies in such rule change. Reference Room, 100 F Street NE, jurisdiction. The proposed rule change Washington, DC 20549 on official was published for comment in the III. Date of Effectiveness of the business days between the hours of Federal Register on June 8, 2020.3 On Proposed Rule Change and Timing for 10:00 a.m. and 3:00 p.m. Copies of the July 20, 2020, pursuant to Section Commission Action filing also will be available for 19(b)(2) of the Act,4 the Commission Within 45 days of the date of inspection and copying at the principal designated a longer period within which publication of this notice in the Federal office of the Exchange. All comments to approve the proposed rule change, Register or within such longer period received will be posted without change. disapprove the proposed rule change, or up to 90 days (i) as the Commission may Persons submitting comments are institute proceedings to determine designate if it finds such longer period cautioned that we do not redact or edit whether to disapprove the proposed to be appropriate and publishes its personal identifying information from 14 reasons for so finding or (ii) as to which comment submissions. You should 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). the self-regulatory organization submit only information that you wish 2 17 CFR 240.19b–4. consents, the Commission will: to make available publicly. All 3 See Securities Exchange Act Release No. 88987 (A) By order approve or disapprove submissions should refer to File (June 2, 2020), 85 FR 34774. Comments on the the proposed rule change, or Number SR–CboeBZX–2021–014 and proposed rule change can be found on the Commission’s website at: https://www.sec.gov/ (B) institute proceedings to determine should be submitted on or before March comments/sr-nasdaq-2020-028/srnasdaq whether the proposed rule change 3, 2021. 2020028.htm. should be disapproved. 4 15 U.S.C. 78s(b)(2).

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rule change.5 On September 2, 2020, the Electronic Comments I. The President’s Working Group Commission instituted proceedings Report • Use the Commission’s internet under Section 19(b)(2)(B) of the Act 6 to comment form (https://www.sec.gov/ The PWG has studied the effects of determine whether to approve or rules/submitcomments.htm); or the growing economic concerns related disapprove the proposed rule change.7 • Send an email to rule-comments@ to the COVID–19 pandemic in March On November 6, 2020, the Exchange 2020 on short-term funding markets filed Amendment No. 1 to the proposed sec.gov. Please include File No. S7–01– 21 on the subject line. and, in particular, on money market rule change, which replaced and funds.1 The results of this study are superseded the proposed rule change as Paper Comments included in the report issued on originally filed.8 On December 2, 2020, December 22, 2020 and attached to this • Send paper comments to Secretary, the Commission extended the period for release as an Appendix (the ‘‘Report’’).2 Securities and Exchange Commission, consideration of the proposed rule The Report provides an overview of 9 100 F Street NE, Washington, DC change to February 3, 2021. On prior money market fund reforms in 20549–1090. February 1, 2021, the Exchange 2010 and 2014, as well as how different withdrew the proposed rule change All submissions should refer to File types of money market funds have (SR–NASDAQ–2020–028). Number S7–01–21. This file number evolved since the 2008 financial crisis.3 For the Commission, by the Division of should be included on the subject line The Report then discusses events in Trading and Markets, pursuant to delegated if email is used. To help the certain short-term funding markets in authority.10 Commission process and review your March 2020, focusing on money market J. Matthew DeLesDernier, comments more efficiently, please use funds. In reviewing the events of March Assistant Secretary. only one method of submission. The 2020, the Report discusses significant [FR Doc. 2021–02707 Filed 2–9–21; 8:45 am] Commission will post all comments on outflows from prime and tax-exempt the Commission’s website (http:// money market funds that occurred and BILLING CODE 8011–01–P www.sec.gov). Typically, comments are how these funds experienced, and began also available for website viewing and to contribute to, general stress in short- SECURITIES AND EXCHANGE printing in the Commission’s Public term funding markets before the Federal COMMISSION Reference Room, 100 F Street NE, Reserve, with the approval of the Washington, DC 20549, on official Department of the Treasury, established business days between the hours of 10 facilities to support short-term funding [Release No. IC–34188; File No. S7–01–21] a.m. and 3 p.m. Due to pandemic markets, including money market funds. Request for Comment on Potential conditions, however, access to the The Report observes that these events Money Market Fund Reform Measures Commission’s public reference room is occurred despite prior reform efforts to in President’s Working Group Report not permitted at this time. All make money market funds more comments received will be posted resilient to credit and liquidity stresses AGENCY: Securities and Exchange without change. Persons submitting and, as a result, less susceptible to Commission. comments are cautioned that we do not redemption-driven runs. Accordingly, redact or edit personal identifying ACTION: Request for comment. information from comment submissions. 1 The PWG is chaired by the Secretary of the You should submit only information Treasury and includes the Chair of the Board of SUMMARY: The Securities and Exchange Governors of the Federal Reserve System, the Chair that you wish to make publicly of the SEC, and the Chair of the Commodity Futures Commission (the ‘‘SEC’’ or the available. Trading Commission. For a detailed discussion of ‘‘Commission’’) is seeking comment on Studies, memoranda, or other the structure and significance of short-term funding potential reform measures for money markets and the effects of the COVID–19 shock, as substantive items may be added by the well as the effects of monetary and fiscal measures, market funds, as highlighted in a recent Commission or staff to the comment file see SEC staff report, ‘‘U.S. Credit Markets report of the President’s Working Group during this request for comment. A Interconnectedness and the Effects of COVID–19 on Financial Markets (‘‘PWG’’). Public notification of the inclusion in the Economic Shock,’’ (October 2020) (‘‘SEC Staff comments on the potential policy Interconnectedness Report’’), available at https:// comment file of any such materials will www.sec.gov/files/US-Credit-Markets_COVID-19_ measures will help inform consideration be made available on the Commission’s Report.pdf. The SEC Staff Interconnectedness of reforms to improve the resilience of website. To ensure direct electronic Report also discusses the effects of the March 2020 money market funds and broader short- receipt of such notifications, sign up market stress on money market funds, including term funding markets. heavy outflows from prime and tax-exempt money through the ‘‘Stay Connected’’ option at market funds and significant inflows for ADDRESSES: Comments may be www.sec.gov to receive notifications by government money market funds. submitted by any of the following email. 2 The Report is also available at https:// home.treasury.gov/system/files/136/PWG-MMF- methods: DATES: Comments should be received on report-final-Dec-2020.pdf. or before April 12, 2021. 3 See Money Market Fund Reform, Investment 5 Company Act Release No. 29132 (Feb. 23, 2010) [75 See Securities Exchange Act Release No. 89344, FOR FURTHER INFORMATION CONTACT: 85 FR 44951 (July 24, 2020). The Commission FR 10060 (Mar. 4, 2010)] (amending rule 2a–7 designated September 6, 2020 as the date by which Adam Lovell or Elizabeth Miller, Senior under the Investment Company Act of 1940 (the the Commission shall approve or disapprove, or Counsels; Angela Mokodean, Branch ‘‘Act’’) to, among other things, enhance institute proceedings to determine whether to Chief; Thoreau Bartmann, Senior transparency and reduce credit, liquidity, and approve or disapprove, the proposed rule change. interest rate risks of money market fund portfolios); Special Counsel; Viktoria Baklanova, Money Market Fund Reform; Amendments to Form 6 15 U.S.C. 78s(b)(2)(B). Senior Financial Analyst; or Brian PF, Investment Company Act Release No. 31166 7 See Securities Exchange Act Release No. 89739, Johnson, Assistant Director, at (202) (July 23, 2014) [79 FR 47736 (Aug. 14, 2014)] 85 FR 55708 (September 9, 2020). (amending rule 2a–7 under the Act to address risks 8 Amendment No. 1 is available at https:// 551–6792, Division of Investment stemming from investor runs, including a floating www.sec.gov/comments/sr-nasdaq-2020-028/ Management, Securities and Exchange NAV requirement for all prime and tax-exempt srnasdaq2020028.htm. Commission, 100 F Street NE, money market funds sold to institutional investors 9 See Securities Exchange Act Release No. 90549, Washington, DC 20549–8549. and the provision of new gate and fee tools for all 85 FR 79048 (December 8, 2020). prime and tax-exempt money market funds, 10 17 CFR 200.30–3(a)(12). SUPPLEMENTARY INFORMATION: including retail funds).

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the Report concludes that the events of policy measures the Report identifies funding markets more generally. March 2020 show that more work is and help inform possible money market Commenters also may address the needed to reduce the risk that structural fund reforms.5 Following the comment potential impact of the measures on vulnerabilities in prime and tax-exempt period, we anticipate conducting money market fund investors, fund money market funds will lead to or discussions with various stakeholders, managers, issuers of short-term debt, exacerbate stresses in short-term interested persons, and regulators to and other stakeholders. In addition, we funding markets. The Report discusses discuss the options in the Report and are interested in comments on other various reform measures that policy the comments we receive. topics commenters believe are relevant makers could consider to improve the We request comment on the potential to further money market fund reform, resilience of prime and tax-exempt policy measures described in the Report including other approaches for money market funds and broader short- both individually and in combination. improving the resilience of money term funding markets. Many of the We also request comment on the market funds and short-term funding measures discussed in the Report could effectiveness of previously-enacted markets generally. We encourage be implemented by the Commission commenters to submit empirical data money market fund reforms, and the under our existing statutory authority, and other information in support of effectiveness of implementing policy while others may require coordinated their comments. action by multiple agencies or the measures described in the Report in By the Commission. creation of new private entities.4 addition to, or in place of, previously- Moreover, relevant money market funds enacted reforms. Commenters should Dated: February 4, 2021. could likely implement some of the address the effectiveness of the Vanessa A. Countryman, potential reform measures fairly measures in: (1) Addressing money Secretary. market funds’ structural vulnerabilities quickly, while other measures would Report of the President’s Working involve longer-term structural changes. that can contribute to stress in short- term funding markets; (2) improving the Group on Financial Markets II. Request for Comment resilience and functioning of short-term Overview of Recent Events and The Commission requests comments funding markets; and (3) reducing the Potential Reform Options for Money on the Report. Comments received will likelihood that official sector Market Funds enable the Commission and other interventions will be needed to prevent December 2020 relevant financial regulators to consider or halt future money market fund runs, more comprehensively the potential or to address stresses in short-term Table of Contents

Paragraph Nos.

I. Overview ...... 229 II. Background ...... 231 A. Money Market Funds—Structure, Asset Types, and Investor Characteristics ...... 231 B. 2010 and 2014 Reforms ...... 232 C. State of the Money Market Fund Industry Following the 2008 Financial Crisis ...... 234 III. Events in March 2020 ...... 236 A. Stresses in Short-Term Funding Markets ...... 237 B. Stresses on Prime and Tax-Exempt Money Market Funds and Other Money-Market Investment Vehicles ...... 239 C. Taxpayer-Supported Central Bank Intervention ...... 242 IV. Potential Policy Measures to Increase the Resilience of Prime and Tax-Exempt Money Market Funds ...... 243 A. Removal of Tie between MMF Liquidity and Fee and Gate Thresholds ...... 247 B. Reform of Conditions for Imposing Redemption Gates ...... 248 C. Minimum Balance at Risk ...... 249 D. Money Market Fund Liquidity Management Changes ...... 250 E. Countercyclical Weekly Liquid Asset Requirements ...... 251 F. Floating NAVs for All Prime and Tax-Exempt Money Market Funds ...... 252 G. Swing Pricing Requirement ...... 253 H. Capital Buffer Requirements ...... 254 I. Require Liquidity Exchange Bank Membership ...... 255 J. New Requirements Governing Sponsor Support ...... 256

I. Overview securities, short-term municipal instruments. Because these short-term securities, commercial paper (‘‘CP’’), In March 2020, short-term funding instruments tend to have relatively markets came under sharp stress amid and negotiable certificates of deposit stable values and MMFs offer daily growing economic concerns related to issued by domestic and foreign banks redemptions, investors in MMFs often the COVID–19 pandemic and an overall (‘‘NCDs’’). Money market funds expect to receive immediate liquidity flight to liquidity and quality among (‘‘MMFs’’) are significant participants in with limited price volatility. However, investors. Instruments underlying these these markets, facilitating investment by in times of stress, these expectations markets include short-term U.S. a broad range of individuals and may not match market conditions, Treasury securities, short-term agency institutions in the relevant short-term causing investors to seek to liquidate

4 For example, certain policy measures discussed action from the Federal Reserve or other banking www.sec.gov/news/public-statement/blass-pwg- in the Report, such as requiring prime and tax- regulators. mmf-2020-12-23. With the issuance of this exempt money market funds to be members of a 5 A Commission staff statement also requested Commission request for comment, commenters are private liquidity exchange bank, may require comment on the Report. See Staff Statement on the encouraged to submit comments to File No. S7–01– rulemaking by the Commission as well as regulatory President’s Working Group Report on Money 21 by following the instructions at the beginning of Market Funds (Dec. 23, 2020), available at https:// this release.

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their positions in MMFs. These investor decade to make MMFs more resilient to vulnerabilities that became apparent in actions, which are motivated by both credit and liquidity stresses and, as a 2008. the expectation-market condition result, less susceptible to redemption- Because prime and tax-exempt MMFs mismatch and the structural driven runs. When the Federal Reserve again have shown structural vulnerabilities of MMFs, can amplify quickly took action in mid-March by vulnerabilities that can create or market stress more generally.6 establishing, with Treasury approval, transmit stress in short-term funding The economic and public policy the Money Market Mutual Fund markets, it is incumbent upon financial considerations raised by this dynamic Liquidity Facility (‘‘MMLF’’) and other regulators to examine the events of among investors, MMFs, and short-term facilities to support short-term funding March 2020 closely, and in particular funding markets are multi-faceted and markets generally and MMFs the role, operation, and regulatory significant. The orderly functioning of specifically, prime and tax-exempt framework for these MMFs, with a view short-term funding markets is essential MMF outflows subsided and short-term toward potential improvements. In to the performance of broader financial funding market conditions improved.7 addition, absent regulatory reform or markets and our economy more Prime and tax-exempt MMFs have other action that alters market generally. It is the role of financial been supported by official sector expectations, these prior official sector regulators to identify and address intervention twice over the past twelve interventions may have the consequence market activities that have the potential years. In September 2008, there was a of solidifying the perception among to impair that orderly functioning. run on certain types of MMFs after the investors, fund sponsors, and other Crafters of public policy and financial failure of Lehman Brothers caused a market participants that similar support regulation also must recognize that the large prime MMF that held Lehman will be provided in future periods of broad availability of short-term funding Brothers short-term instruments to stress. is critical to short-term funding markets sustain losses and ‘‘break the buck.’’ 8 With that history and context, this and, for many decades, prime and tax- During that time, prime MMFs report by the President’s Working Group exempt MMFs have been an important experienced significant redemptions on Financial Markets (‘‘PWG’’) begins source of demand in these markets that contributed to dislocations in short- the important process of review and although their market share has term funding markets, while assessment.10 After providing decreased and assets shifted toward government MMFs experienced net background on MMFs and prior reforms, government MMFs in the past decade. inflows. Ultimately, the run on prime the report discusses events in certain In addition, the participation of retail MMFs abated after announcements of a short-term funding markets in March investors in MMFs raises considerations Treasury guarantee program for MMFs 2020, focusing on MMFs. The report of fairness and consumer confidence, and a Federal Reserve facility designed then discusses various measures that particularly in times of unanticipated to provide liquidity to MMFs.9 policy makers could consider to stress, that can affect regulatory and Subsequently, the Securities and improve the resilience of MMFs and public policy responses. Exchange Commission (‘‘SEC’’) adopted broader short-term funding markets.11 These dynamics and policy reforms (in 2010 and 2014) that were This report is meant to facilitate considerations were brought into stark designed to address the structural discussion. The PWG is not endorsing relief in March 2020. While government any given measure at this time. MMFs saw significant inflows during 7 The MMLF makes loans available to eligible financial institutions secured by high-quality assets II. Background this time, the prime and tax-exempt the financial institution purchased from MMFs. The MMF sectors faced significant outflows MMLF also received $10 billion in credit protection A. Money Market Funds—Structure, and increasingly illiquid markets for the from the Treasury’s Exchange Stabilization Fund. Asset Types, and Investor funds’ assets. As a result, prime and tax- Other relevant Federal Reserve facilities include, Characteristics among others: (1) The Commercial Paper Funding exempt MMFs experienced, and began Facility (‘‘CPFF’’), which provides a liquidity MMFs are a type of mutual fund to contribute to, general stress in short- backstop to U.S. issuers of commercial paper; and registered under the Investment term funding markets in March 2020. (2) the Primary Dealer Credit Facility (‘‘PDCF’’), Company Act of 1940 (the ‘‘Act’’) and For example, as pressures on prime and which provides funding to primary dealers in regulated under rule 2a–7 of the Act. tax-exempt MMFs worsened, two MMF exchange for a broad range of collateral. 8 A number of other funds that suffered losses in MMFs offer a combination of limited sponsors intervened to provide support 2008 avoided breaking the buck because they principal volatility, liquidity, and to their funds. It did not appear that received sponsor support. See Money Market Fund payment of short-term market returns, these funds had idiosyncratic holdings Reform; Amendments to Form PF, Investment which make them a popular cash or were otherwise distinct from similar Company Act Release No. 31166 (July 23, 2014) [79 FR 47736 (Aug. 14, 2014)] (‘‘SEC 2014 Reforms’’) at management vehicle for both retail and funds and, accordingly, it was Section II.B.4, available at https://www.sec.gov/ institutional investors. These funds also reasonable to conclude that other MMFs rules/final/2014/33-9616.pdf; See also Steffanie A. serve as an important source of short- could need similar support in the near Brady, Kenechukwu E. Anadu, and Nathaniel R. term financing for businesses and term. These events occurred despite Cooper, ‘‘The Stability of Prime Money Market Mutual Funds: Sponsor Support from 2007 to financial institutions, as well as federal, multiple reform efforts over the past 2011,’’ Federal Reserve Bank of Boston Supervisory state, and local governments. Research and Analysis Working Papers (2012), Overall, MMFs tend to invest in short- 6 For a more detailed discussion of the structure available at https://www.bostonfed.org/ term, high-quality debt instruments that and significance of short-term funding markets and publications/risk-and-policy-analysis/2012/the- typically are held to maturity and the effects of the COVID–19 shock, as well as the stability-of-prime-money-market-mutual-funds- effects of monetary and fiscal measures, see SEC sponsor-support-from-2007-to-2011.aspx. For a staff report, ‘‘U.S. Credit Markets description of the term ‘‘break the buck,’’ see 10 The PWG is chaired by the Secretary of the Interconnectedness and the Effects of COVID–19 Section II.A, below. Treasury and includes the Chair of the Board of Economic Shock,’’ (October 2020) (‘‘SEC Staff 9 For a more detailed discussion of the MMF- Governors of the Federal Reserve System, the Chair Interconnectedness Report’’), available at https:// related events in 2008, see Report of the President’s of the Securities and Exchange Commission, and www.sec.gov/files/US-Credit-Markets_COVID-19_ Working Group on Financial Markets, ‘‘Money the Chair of the Commodity Futures Trading Report.pdf; Board of Governors of the Federal Market Fund Reform Options,’’ (October 2010) Commission. Reserve System, ‘‘Financial Stability Report,’’ (‘‘2010 PWG Report’’), available at https:// 11 Given jurisdictional differences, this report is (November 2020) at pp. 13–14, available at https:// www.treasury.gov/press-center/press-releases/ not intended to cover events in other jurisdictions www.federalreserve.gov/publications/files/ Documents/10.21%20PWG%20Report or to suggest a uniform international approach to financial-stability-report-20201109.pdf. %20Final.pdf. policy changes.

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fluctuate very little in value under reflects the market value of the fund’s requirements are designed to work in normal market conditions. However, investments and any changes in that combination and ensure that a MMF has from fund to fund, MMFs vary value, thus reducing the risk of an the legal right to receive enough cash significantly. They hold different types adverse signaling effect from ‘‘breaking within one or five business days to of investments, serve investors of the buck.’’ satisfy redemption requests. To address different types (i.e., institutional and As investors commonly use MMFs for credit risks, the amendments added a retail), and pursue different investment principal preservation and as a cash new 120-day limit on funds’ portfolio objectives. For example, tax-exempt management tool, many MMF investors weighted average life to limit exposure MMFs hold short-term state and local may have a low tolerance for losses and to credit spreads, as well as a reduction government and municipal securities, liquidity limitations. However, MMFs in the limit on funds’ portfolio weighted while government MMFs almost offer shareholder redemptions on at average maturity from 90 days to 60 exclusively hold obligations of the U.S. least a daily basis (and in some cases at days to limit interest rate risk.15 The government, including obligations of the a stable NAV), even though a potentially 2010 reforms increased transparency by U.S. Treasury and federal agencies and significant portion of portfolio assets requiring MMFs to publicly disclose instrumentalities, as well as repurchase may not be converted into cash in that portfolio holdings each month. In agreements collateralized fully by timeframe without a reduction in value. addition, the amendments addressed government securities. Traditionally, When the MMF does have to sell other important issues such as stress prime MMFs invest mostly in private portfolio assets at a discount, the fund’s testing, orderly fund liquidation, and debt instruments, including CP and remaining shareholders generally bear repurchase agreements. NCDs. With regard to investor those losses. These factors can lead to The SEC’s subsequent 2014 reforms characteristics, there are three types of greater redemptions if investors believe focused on the structural vulnerabilities MMFs: (1) Retail MMFs, which are they will be better off by redeeming that make MMFs susceptible to runs and limited to retail investors; (2) publicly- earlier than other investors—a so-called provided tools intended to slow runs offered institutional MMFs, which are ‘‘first mover’’ advantage—when there is should they occur.16 These reforms held primarily by institutional investors a perception that the fund may suffer a included a floating NAV requirement for and offered broadly to the public; and loss in value or liquidity. Historically, all prime and tax-exempt MMFs sold to (3) non-publicly-offered institutional amid periods of stress for MMFs, institutional investors as a means of MMFs.12 Variations in portfolio institutional investors, who may have mitigating first mover advantages for holdings also correspond with investor- large holdings and the resources to investors who redeem from these funds specific factors such as taxing monitor risks carefully, have redeemed when the value of their assets decline. jurisdictions and, to some extent, risk/ shares more rapidly and extensively Under the floating NAV requirement, return preferences. than retail investors. these MMFs must sell and redeem their shares at prices based on the current Another significant difference among B. 2010 and 2014 Reforms different types of MMFs is how they market-based value of the assets in their price the purchase and redemption of The SEC has implemented a number underlying portfolios rounded to the their shares. All government MMFs, as of reforms over the past decade aimed fourth decimal place (e.g., $1.0000). well as retail prime and retail tax- at making MMFs more resilient to credit Prior to the 2014 reforms, rule 2a–7 exempt MMFs, are permitted to price and liquidity stresses and addressing their shares at a stable net asset value structural vulnerabilities in MMFs that Daily liquid assets are: Cash; direct obligations of (‘‘NAV’’) per share (typically $1.00) were evident in the 2008 financial the U.S. government; certain securities that will crisis, particularly the substantial mature (or be payable through a demand feature) without regard to small variations in the within one business day; or amounts value of the assets in their portfolios. reforms the SEC adopted in 2010 and unconditionally due within one business day from 13 These MMFs must periodically compare 2014. The 2010 reforms focused on, pending portfolio security sales. See rule 2a–7(a)(8). their stable NAV per share to the among other things, enhancing Weekly liquid assets are: Cash; direct obligations of the U.S. government; agency discount notes with market-based value per share of their transparency and reducing credit, liquidity, and interest rate risks of fund remaining maturities of 60 days or less; certain portfolios (or ‘‘market-based price’’). If securities that will mature (or be payable through the deviation between these two values portfolios to make MMFs more resilient a demand feature) within five business days; or exceeds one-half of one percent (50 and, in the case of stable NAV funds, amounts unconditionally due within five business days from pending security sales. See rule 2a– basis points), the fund’s board must less likely to break the buck. For example, the amendments introduced 7(a)(28). consider what action, if any, to take, 15 See SEC staff report, ‘‘Response to Questions including whether to adjust the fund’s new liquidity requirements: At the time Posed by Commissioners Aguilar, Paredes, and share price. If the repricing is below the an MMF acquires an asset, it must hold Gallagher,’’ (November 2012) at pp. 18–30, available at http://www.sec.gov/news/studies/2012/ fund’s $1.00 share price, the event is at least 10 percent of its total assets in daily liquid assets (‘‘DLA’’) and at least money-market-funds-memo-2012.pdf. commonly called ‘‘breaking the buck.’’ 16 Prior to the 2014 reforms, the Financial 30 percent of its total assets in weekly Stability Oversight Council (‘‘FSOC’’) proposed In light of the importance investors 14 place on a stable $1.00 share price, such liquid assets (‘‘WLA’’). These recommendations regarding MMF reforms to an action can lead to a loss of address structural vulnerabilities of MMFs that the 13 See Money Market Fund Reform, Investment SEC’s 2010 reforms did not address. These confidence in the fund and, if it is Company Act Release No. 29132 (Feb. 23, 2010) [75 proposed recommendations, which FSOC made expected to extend beyond one fund, FR 10060 (Mar. 4, 2010)] (‘‘SEC 2010 Reforms’’), pursuant to Section 120 of the Dodd-Frank Act, could lead to a loss of confidence in all available at https://www.sec.gov/rules/final/2010/ included alternatives on a floating NAV, a risk- similar funds. As discussed below, ic-29132.pdf; SEC 2014 Reforms. based NAV buffer of 3 percent to provide explicit 14 All MMFs are subject to these DLA and WLA loss-absorption capacity, and a minimum balance at following the SEC’s 2014 reforms, standards, except tax-exempt MMFs are not subject risk. See Financial Stability Oversight Council, institutional prime and institutional tax- to DLA standards due to the nature of the markets ‘‘Proposed Recommendations Regarding Money exempt MMFs are required to price their for tax-exempt securities and the limited supply of Market Mutual Fund Reform,’’ (November 2012) shares using a floating NAV, which securities with daily demand features. If a MMF’s (‘‘FSOC Proposed Recommendations’’), available at portfolio does not meet the minimum DLA or WLA https://www.treasury.gov/initiatives/fsoc/ standards, it is not in violation of rule 2a–7. Documents/Proposed%20Recommendations 12 For example, funds not offered to the public However, it may not acquire any assets other than %20Regarding%20Money%20Market%20Mutual include ‘‘central’’ funds that asset managers use for DLA or WLA until it meets these minimum %20Fund%20Reform%20-%20November%2013, internal cash management. standards. %202012.pdf.

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permitted these funds to maintain a incentive to redeem. Gates, on the other DLA, WLA, market-based NAV, and net stable NAV per share like all other hand, stop redemptions altogether for flows. In addition, the reforms MMFs. up to ten business days but may cause addressed MMF diversification and In addition, to provide tools to slow investors to seek a first mover advantage valuation practices. an investor run should it occur, the and redeem in advance of the C. State of the Money Market Fund 2014 reforms provided new fee and gate imposition of gates. Industry Following the 2008 Financial tools for all prime and tax-exempt Further, the 2014 amendments Crisis MMFs, including retail funds.17 Under enhanced transparency for MMF the fee and gate provisions, boards of investors and provided information Since 2008, the composition of the these MMFs are permitted to impose about important MMF events more MMF sector has changed substantially, liquidity (redemption) fees of up to 2 uniformly and efficiently. For instance, and the industry continued to evolve percent or to temporarily suspend the amendments required MMFs to through 2020. Chart 1 provides redemptions if the fund’s WLA falls promptly report certain significant information about changes in net assets below the 30 percent minimum events in filings with the SEC, including by type of MMF, while Chart 2 provides required. In addition, funds must the imposition or removal of fees or more detail about subcategories of prime impose a 1 percent liquidity fee if WLA gates, portfolio security defaults, the use and tax-exempt MMFs (i.e., retail and falls below 10 percent of total assets, of sponsor support, and a fall in a retail institutional funds). As of September 30, unless the fund’s board determines that or government MMF’s market-based 2020, total industry net assets were $4.9 imposing the fee is not in the best price per share below $0.9975. The 2014 trillion, down slightly from an all-time interests of the fund. Liquidity fees reforms also generally required website high of $5.2 trillion in May 2020 (see provide investors continued access to disclosure of these events, as well as Chart 1). cash redemptions but may reduce the daily website disclosure of a fund’s BILLING CODE 8011–01–P

17 Government MMFs are permitted (but not required) to adopt fee and gate provisions.

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BILLING CODE 8011–01–C September 2020, prime MMFs A. Stresses in Short-Term Funding The assets of government MMFs (the accounted for around 20 percent of Markets blue line in Chart 1), which were under industry net assets. Private short-term debt markets. In $1 trillion in August 2008, have grown Net assets in tax-exempt MMFs (the considerably since then. Much of the markets for private short-term debt dashed green line in Chart 1) have also instruments, such as CP and NCDs, growth occurred in 2016, when declined since 2008, when these funds government MMF assets increased more conditions began to deteriorate rapidly had net assets exceeding $500 billion. in the second week of March. Spreads than $1 trillion as investors shifted Tax-exempt funds’ assets fell $120 money from prime and tax-exempt for instruments held by MMFs began billion in the year before October 2016 widening sharply (see Chart 3). MMFs, which were required, starting in and were about $135 billion at the end Specifically, spreads to overnight October 2016, to implement the more of 2016. By February 2020, tax-exempt indexed swaps (‘‘OIS’’) for AA-rated significant aspects of the 2014 fund assets were about $140 billion, and nonfinancial CP reached new historical reforms.19 In March 2020, government they declined $9 billion in March 2020. highs, while spreads for AA-rated MMF assets increased by $840 billion to The vast majority of tax-exempt MMF financial CP and A2/P2-rated $3.6 trillion, and their assets reached net assets are in retail funds (see Chart nonfinancial CP widened to the highest nearly $4.0 trillion at the end of April. 2). Tax-exempt MMFs represent under levels seen since the 2008 financial As of September 2020, government three percent of total industry net assets crisis. Along with widening spreads, MMFs accounted for 77 percent of as of September 2020. new issuance of CP and NCDs declined industry net assets. markedly and shifted to short tenors. III. Events in March 2020 The net assets of prime MMFs (the red For instance, the share of CP issuance line in Chart 1) contracted substantially Amid escalating concerns about the with overnight maturity climbed in the year leading up to the October economic impact of the COVID–19 steadily to nearly 90 percent on March 2016 deadline for implementing the pandemic in March 2020, market 23. 2014 MMF reforms and were $550 participants sought to rapidly shift their Pricing and liquidity concerns at billion in December 2016. By February holdings toward cash and short-term MMFs were driven by, and began to 2020, these funds’ assets had recovered government securities. This rapid shift contribute to, these market stresses. to $1.1 trillion, but their assets fell $125 in asset allocation preferences placed Widening spreads in short-term funding billion on net in March. As of stress on various components of short- markets put downward pressure on the term funding markets, including prime prices of assets in prime MMFs’ 18 The 2014 amendments introduced a regulatory and tax-exempt MMFs, the repo portfolios, and redemptions from MMFs definition of a retail MMF (and implemented it in likely contributed to stress in these 2016). Because data on institutional and retail markets, the CP market, and short-term MMFs prior to October 2016 may not be entirely municipal securities markets (including markets, as prime funds reduced their comparable with current statistics, Chart 2 does not the market for variable-rate demand CP holdings disproportionately include data on retail and institutional MMFs prior notes (‘‘VRDNs’’)). As discussed in more compared to other holders. At the end to October 2016. of February, prime MMFs offered to the The drop in prime retail MMF assets in detail below, pressures on prime and September 2020 is the result of a large prime retail tax-exempt MMFs again revealed public owned about 19 percent of 20 MMF converting to a government MMF. structural vulnerabilities in MMFs that outstanding CP. From March 10 to 19 The compliance date for the floating NAV led to increased redemptions and, in requirement for institutional prime and turn, began to contribute to and increase 20 Total CP outstanding at the end of February institutional tax-exempt MMFs and for the fee and 2020 was $1.1 trillion (source: Federal Reserve). gate provisions for all prime and tax-exempt funds the general stress in short-term funding Holdings of publicly-offered prime funds are based was October 14, 2016. markets. Continued

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March 24, these funds cut their CP Some market participants have dealers to take a materially increased holdings by $35 billion. This reduction suggested that another contributing intermediation role in these assets in accounted for 74 percent of the $48 factor to stress in CP markets was that March. There are also a large number of billion overall decline in outstanding CP dealers in CP markets (as well as issuing individual issues (i.e., CUSIPs) in the over those two weeks.21 In addition, dealers and banks) were experiencing private short-term debt markets, which MMFs with WLAs close to 30 percent their own liquidity pressures and limits adds complexity to intermediation.24 In were likely reluctant to purchase assets on their willingness to intermediate in contrast to the private short-term debt with maturities of more than 7 days that money markets.23 Historically, however, markets, Treasury and agency securities would not qualify as WLA to avoid because the vast majority of CP typically markets have fewer CUSIPs, large daily going below the regulatory is held to maturity, dealers have not had trading volumes, and more liquid 22 requirements. Beyond MMFs, there a substantial role in making secondary secondary markets, with primary were also other factors contributing to markets in CP. This is also the case for dealers and others playing a large daily stress in CP markets, including outflows other private short-term debt intermediation role in these markets. from other investment vehicles that instruments that prime MMFs hold. invest in these markets (see below). Thus, there was no reason to expect

Short-term municipal debt markets. experienced unusually large plus accrued interest. When a tax- Conditions in short-term municipal debt redemptions, with outflows accelerating exempt MMF tenders a VRDN, a markets also worsened rapidly in mid- over the next week. In response, tax- remarketing agent typically remarkets March. Similar to the relationship exempt funds reduced their holdings of the VRDN to other investors at a higher between the CP market and prime VRDNs by about 16 percent ($15 billion) yield (and thus a lower price). MMFs discussed above, stresses in in the two weeks from March 9 to March The redemption stresses on tax- short-term municipal markets 23, with primary dealer VRDN exempt MMFs likely contributed to contributed to pricing pressures and inventories nearly tripling in the week worsening conditions in short-term outflows for tax-exempt MMFs which, ending March 18. VRDNs have a municipal debt markets. The SIFMA 7- in turn, contributed to increased stress demand or tender feature that allows day municipal swap index yield, a in municipal markets. Beginning on tax-exempt MMFs to require the tender benchmark weekly rate in these March 12, tax-exempt MMFs agent to repurchase the security at par markets, shot up 392 basis points on

on data from iMoneyNet. Total prime MMF with maturities exceeding 7 days. On March 17 and average of daily settlements for fixed and floating holdings of CP, including internal funds that are not 18, one prime MMF offered to institutional rate CP was approximately $80 billion, although offered to the public, were 29 percent of investors reported WLAs below 30 percent. only a small share of this volume appears to have outstanding CP at the end of February 2020 (source: 23 For example, large customer sales increased been secondary market transactions, and further SEC Form N–MFP). dealers’ inventories of Treasuries and mortgage- analysis of secondary market activity is needed. As 21 About $6 billion of the reduction in MMF backed securities. Facing balance sheet constraints previously noted, there was approximately $1.1 holdings of CP during this time was pledged as and internal risk limits amid the elevated volatility, collateral to the MMLF. dealers cut back on intermediation more generally. trillion of total CP outstanding at the end of 22 Funds with WLAs below the 30 percent 24 According to DTCC’s Money Market Kinetics February 2020. minimum threshold are prohibited from purchasing report as of March 31, 2020 (available at https:// assets that are not WLAs, including CP and NCDs www.dtcc.com/money-markets), the 12-month

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March 18, as remarketing agents offered that are not offered to the public.27 exempt MMFs also had declining VRDNs at higher yields in response to These non-public funds had smaller market-based prices. Although none of tax-exempt MMFs putting back their outflows than their publicly-offered these funds broke the buck, one fund notes to tender agents. The spike in the counterparts, indicating that, on reported a market-based price below SIFMA index yield caused a drop in average, the former do not demonstrate $0.9975. As with retail prime MMFs, market-based NAVs of tax-exempt the same vulnerabilities as funds that there does not appear to have been a MMFs (which mostly have stable, are offered publicly to a broad range of relationship between a decline in a rounded NAVs). unaffiliated institutional investors. This particular retail tax-exempt MMF’s difference may be attributable to market-based price and the size of its B. Stresses on Prime and Tax-Exempt investor characteristics as much as or outflows. Money Market Funds and Other Money- more than the nonpublic nature of the Declining WLAs and relation to fees Market Investment Vehicles offering. Outflows from non-public and gates. As prime funds experienced As part of the general deterioration in institutional prime funds totaled 6 heavy redemptions, their WLAs short-term funding market conditions, percent ($17 billion) of assets from declined, and some funds’ WLAs prime and tax-exempt MMFs March 9 to March 20.28 (which must be disclosed publicly each experienced heavy redemptions Retail prime fund outflows. Although day) approached or fell below the 30 beginning in the second week of March outflows from retail prime MMFs as a percent minimum threshold that SEC 2020. Outflows increased quickly, share of assets in March exceeded retail rules require. Investor redemptions, peaking on March 17 for prime funds prime MMF outflows during the 2008 which may have been further (the day the Federal Reserve announced crisis, the March outflows from retail exacerbated by declining WLAs, can put the CPFF) and on March 23 for tax- prime MMFs were smaller than additional pressure on fund liquidity exempt funds (one business day after outflows from institutional prime during times of stress. As previously the Federal Reserve’s MMLF was MMFs. The redemptions from retail noted, when a fund’s WLA falls below expanded to include tax-exempt prime MMFs in March began a couple 30 percent, the fund can impose fees or securities).25 of days after those for institutional gates on redemptions. Market Institutional prime fund outflows. funds. Net redemptions totaled 9 participants reported concerns that the Among institutional prime MMFs percent (just over $40 billion) of assets imposition of a fee or gate by one fund, offered to the public, outflows as a over the two weeks from March 13 to as well as the perception that a fee or percentage of fund size exceeded those 26.29 In September 2008, the heaviest gate would be imposed by one fund, in the September 2008 crisis. However, retail outflows over a two-week period could spark widespread redemptions the dollar amount of outflows from totaled 5 percent of assets. Retail prime from other funds, leading to further these funds was much smaller in March funds had about 60 percent more assets stresses in the underlying markets. 2020, in part because their assets on the in 2008 than in February 2020, so Although one institutional prime fund eve of the pandemic were less than one- outflows were similar in dollar terms in (with assets that declined from $3.8 quarter of their size on the eve of the both crises.30 Some retail prime MMFs billion at the end of February to $1.5 2008 crisis. Over the two-week period experienced declining market-based billion at the end of March) had WLAs from March 11 to 24, net redemptions prices in March, but none of these funds below the 30 percent minimum, it did from publicly-offered institutional reported a market-based price below not impose a fee or gate in March. prime funds totaled 30 percent (about $0.9975. Moreover, retail prime MMF Preliminary research indicates that $100 billion) of the funds’ assets, and flows in March 2020 appear to have prime fund outflows accelerated as these funds’ outflows exceeded 5 been unrelated to market-based prices, WLAs declined, suggesting that the percent of their assets on three as funds with lower market-based prices potential imposition of a fee or gate consecutive days beginning on March did not experience larger outflows than when a fund’s WLA drops below 30 17. For comparison, in September 2008, other retail prime MMFs. percent encouraged institutional the highest outflows from these funds Tax-exempt fund outflows and investors to redeem before that over a two-week period were about 26 declining market-based prices. Outflows threshold was crossed.32 Additionally, percent (about $350 billion) of assets.26 from tax-exempt MMFs, which are some market participants and observers A sizable portion of the institutional largely retail funds, were 8 percent ($11 have suggested that investors’ potential prime fund sector’s assets are in funds billion) of assets during the two weeks motivation to redeem as a MMF moves from March 12 to 25.31 In 2008, when toward the 30 percent threshold is 25 The following discussion provides data on the tax-exempt MMF assets were more than primarily driven by concerns about size of the largest outflows from different types of four times larger than in February 2020, gates, rather than liquidity fees, because MMFs during a given two-week (10 business day) MMF investors have a low tolerance for period in March. These two-week periods do not such funds had outflows of 7 percent necessarily coincide. For example, the two-week (almost $40 billion) of assets in one two- being unable to access cash on demand. period for institutional prime funds begins two days week period. In March, some retail tax- Sponsor support. As strains on prime before that for retail prime funds, in part because and tax-exempt MMFs worsened, two institutional prime funds experienced heavy 27 fund sponsors provided support for redemptions earlier than retail prime funds. Using See footnote 12 and accompanying text for an data for one-week periods provides qualitatively explanation of publicly-offered funds versus non- their funds. They did so by purchasing similar results. For comparison purposes, we also public funds. securities from three prime institutional provide data on outflows for a standard two-week 28 Source: SEC Form N–MFP. MMFs and making a capital period from March 9 to March 20 for all types of 29 Source: iMoneyNet daily data. Similarly, data contribution to one tax-exempt fund. MMFs, based on SEC Form N–MFP weekly data. from SEC Form N–MFP show retail prime fund Other investment vehicles that invest 26 Data on daily MMF flows are from iMoneyNet. outflows of 7 percent of assets ($33 billion) over the SEC Form N–MFP provides an official source of two week period from March 9 to 20. in securities and other instruments weekly flows data (for weeks ending on Fridays). 30 See footnote 18 (explaining that data on For the two weeks from March 9 to 20, outflows institutional and retail MMFs prior to 2016 may not 32 See Lei Li, Yi Li, Marco Macchiavelli, and Xing from institutional prime funds that are offered to be entirely comparable with current statistics). (Alex) Zhou, ‘‘Runs and Interventions in the Time the public (as proxied by their presence in 31 Source: iMoneyNet daily data. Similarly, data of COVID–19: Evidence from Money Funds,’’ commercial databases) totaled $90 billion (27 from SEC form N–MFP show tax-exempt fund working paper (2020), available at https:// percent of assets). Form N–MFP weekly flows data outflows of 8 percent of assets ($11 billion) over the papers.ssrn.com/sol3/papers.cfm?abstract_ are not available for the September 2008 crisis. two weeks from March 9 to 20. id=3607593.

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similar to MMFs. Other investment companies to finance their purchases of began to improve. For example, in the vehicles that invest in instruments held specified eligible assets from MMFs CP market, the share of CP issuance by MMFs also experienced outflows and under certain conditions. The non- with overnight maturity began to fall on stress in March. Short-term investment recourse nature of the loan protects the March 24 and spreads to OIS for most funds (‘‘STIFs’’) operated by banks, borrower from any losses on the asset types of term CP started narrowing a few which have assets of about $300 billion, pledged to secure the MMLF loan. The days later. After the expansion of the had outflows in March and experienced Federal Reserve, along with the OCC MMLF to include municipal securities related stress.33 Ultra-short corporate and Federal Deposit Insurance on March 20 (and VRDNs on March 23), bond mutual funds, which had assets of Corporation (‘‘FDIC’’), also took steps to tax-exempt MMF outflows eased and $200 billion in February 2020, had neutralize the effects of purchasing conditions in short-term municipal debt outflows of $33 billion (16 percent of assets through the MMLF on risk-based markets improved. Beyond the MMLF, assets) in March.34 In addition, in the and leveraged capital ratios and several other Federal Reserve actions two weeks from March 12 to 25, liquidity coverage ratio requirements of and announcements in March likely outflows from European dollar- financial institutions to facilitate contributed to these improved denominated MMFs investing in assets participation in the facility.39 The conditions. For example, the Federal similar to U.S. prime MMFs (so-called MMLF program, in combination with Open Market Committee lowered the offshore MMFs, which are largely other programs, was intended to target range for the federal funds rates domiciled in Ireland and Luxembourg), stabilize the U.S. financial system by twice in March by a total of 150 basis totaled 25 percent (about $95 billion) of allowing MMFs to raise cash to meet points. A large increase in open market assets.35 redemptions and to foster liquidity in purchases of Treasury securities and Prime and tax-exempt MMFs’ role in the markets for the assets held by agency mortgage-backed securities was short-term funding markets’ stress. MMFs, including the markets for CP, announced on March 15, and Short-term funding markets are NCDs, and short-term municipal establishments of the PDCF and the interconnected with other market securities.40 The Department of the CPFF were announced on March 17. segments, and stress in one market can Treasury provided $10 billion of credit While stress affected a variety of lead to stress in others. Prime and tax- protection to the Federal Reserve in money market instruments and exempt MMFs were not the sole connection with the MMLF from the investment vehicles, the broad policy contributors to the pressures in short- Treasury’s Exchange Stabilization responses from the Federal Reserve, 36 term funding markets. However, it Fund.41 MMLF utilization ramped up including the availability of secondary appears that MMF actions were quickly to a peak of just over $50 billion market liquidity for MMFs through the particularly significant relative to in early April, or about 5 percent of net MMLF, appeared to have had the market size. For example, as noted assets in prime and tax-exempt MMFs at intended broad calming effect on short- above, prime funds reduced their CP the time. term funding markets. For instance, holdings disproportionately compared although European dollar-denominated 37 Outflows from prime MMFs abated to other holders. fairly quickly after the Federal Reserve’s MMFs are not eligible to participate in the MMLF, outflows from these funds C. Taxpayer-Supported Central Bank announcement of programs and other abated shortly after the MMLF began Intervention actions to support short-term funding operations. The resulting stability in On March 18, 2020, the Federal markets and the flow of credit to households and businesses more short-term funding markets, along with Reserve, with the approval of the the fiscal stimulus provided by the generally, including its initial Secretary of the Treasury, authorized CARES Act and the expectation of announcement of the MMLF on March the MMLF, which began to operate on continued accommodative monetary 18.42 Overall market conditions also March 23.38 The MMLF provides non- policy, facilitated stability in the capital recourse loans to U.S. depository 39 markets more generally. institutions and bank holding See Regulatory Capital Rule: Money Market Mutual Fund Liquidity Facility, 85 FR 16232 IV. Potential Policy Measures To (March 23, 2020), available at https:// 33 The Office of the Comptroller of the Currency www.federalregister.gov/documents/2020/03/23/ Increase the Resilience of Prime and (‘‘OCC’’), which oversees national banks operating 2020-06156/regulatory-capital-rule-money-market- Tax-Exempt Money Market Funds STIFs, issued an interim final rule and an mutual-fund-liquidity-facility; Liquidity Coverage While many of the post-2008 MMF administrative order allowing STIFs to extend their Ratio Rule: Treatment of Certain Emergency dollar-weighted average portfolio maturity and Facilities, 85 FR 26835 (May 6, 2020), available at reforms added stability to MMFs, the dollar-weighted average portfolio life maturity to https://www.federalregister.gov/documents/2020/ events of March 2020 show that more alleviate pressure on STIF management’s ability to 05/06/2020-09716/liquidity-coverage-ratio-rule- work is needed to reduce the risk that comply with these maturity limits in light of treatment-of-certain-emergency-facilities. stressed market conditions. See Short-Term 40 The MMLF would not have worked in Businesses’’ (March 15, 2020), available at https:// Investment Funds, 85 FR 16888 (Mar. 25, 2020), isolation, and other programs and monetary policy www.federalreserve.gov/newsevents/pressreleases/ available at https://www.occ.gov/news-issuances/ responses would not have worked as well without monetary20200315b.htm; ‘‘Federal Reserve Board federal-register/2020/85fr16888.pdf. the MMLF. See SEC Staff Interconnectedness Announces Establishment of a Commercial Paper 34 Source: Morningstar data. Report; Marco Cipriani et al., ‘‘Municipal Debt Funding Facility (CPFF) to Support the Flow of 35 Source: iMoneyNet data. Markets and the COVID–19 Pandemic,’’ (June 29, Credit to Households and Businesses’’ (March 17, 36 For example, leveraged non-bank entities, such 2020), available at https:// 2020), available at https://www.federalreserve.gov/ as hedge funds using Treasury collateral and real libertystreeteconomics.newyorkfed.org/2020/06/ newsevents/pressreleases/monetary20200317a.htm; estate investment trusts using agency mortgage- municipal-debt-markets-and-the-covid-19- ‘‘Federal Reserve Board Announces Establishment backed security collateral, may have also pandemic.html. of a Primary Dealer Credit Facility (PDCF) to contributed to pressure in short-term funding 41 The CARES Act also temporarily removed Support the Credit Needs of Households and markets. See, e.g., FSOC Annual Report 2020 at p. restrictions on Treasury’s authority to use the Businesses’’ (March 17, 2020), available at https:// 5, available at https://home.treasury.gov/system/ Exchange Stabilization Fund to guarantee money www.federalreserve.gov/newsevents/pressreleases/ files/261/FSOC2020AnnualReport.pdf. market funds. See section 4015 of the CARES Act. monetary20200317b.htm; ‘‘Federal Reserve Board 37 See paragraph accompanying footnote 20. This authority has not been used. Broadens Program of Support for the Flow of Credit 38 Information about the MMLF is available on the 42 See, e.g., ‘‘Federal Reserve Issues FOMC to Households and Businesses by Establishing a Federal Reserve’s website at https:// Statement’’ (March 15, 2020), available at https:// Money Market Mutual Fund Liquidity Facility www.federalreserve.gov/monetarypolicy/mmlf.htm. www.federalreserve.gov/newsevents/pressreleases/ (MMLF)’’ (March 18, 2020), available at https:// The Federal Reserve Bank of Boston operates the monetary20200315a.htm; ‘‘Federal Reserve Actions www.federalreserve.gov/newsevents/pressreleases/ MMLF. to Support the Flow of Credit to Households and monetary20200318a.htm.

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structural vulnerabilities in prime and • Require Liquidity Exchange Bank redeeming investors and protect tax-exempt MMFs will lead to or (‘‘LEB’’) Membership; and investors who do not redeem. exacerbate stresses in short-term • New Requirements Governing (2) Decouple regulatory thresholds funding markets. The following Sponsor Support. from consequences such as gates, fees, discussion sets forth potential policy Overarching goals for MMF reform. As or a sudden drop in NAV. Some measures that could address the risks a threshold matter, it should be options, such as those that revise fee prime and tax-exempt MMFs pose to recognized that the various policy and gate thresholds or introduce the short-term funding markets. This report reforms, individually and in floating NAV for retail prime and tax- is meant to facilitate discussion. The combination, should be evaluated in exempt MMFs, could eliminate or PWG is not endorsing any given terms of their ability to effectively diminish the importance of thresholds measure at this time. advance the overarching goals of reform. (such as 30 percent WLA or an NAV of These potential policy measures differ That is: $0.995) that may spur investor in terms of the scope and breadth of • First, would they effectively redemptions. By diminishing the regulatory changes they would require. address the MMF structural importance of thresholds, these options For example, many of the potential vulnerabilities that contributed to stress could also give MMFs greater flexibility, reforms would apply only to prime and in short-term funding markets? for example, to tap their own liquid tax-exempt MMFs, while reforms such • Second, would they improve the assets to meet redemptions. as swing pricing could apply to mutual resilience and functioning of short-term (3) Improve MMFs’ ability to use funds more generally. Moreover, some funding markets? available liquidity in times of stress. In March 2020, some prime and tax- potential reforms would involve • Third, would they reduce the exempt MMFs may have avoided using targeted amendments to SEC rules, likelihood that official sector their liquid assets to meet redemptions. which relevant MMFs could likely interventions and taxpayer support will Options such as countercyclical WLA implement fairly quickly, while others be needed to halt future MMF runs or requirements or revisions to fee and gate would involve longer-term structural address stresses in short-term funding thresholds could make MMFs more changes or may require coordinated markets more generally? comfortable in deploying their liquid action by multiple agencies. The Assessment of the MMF reform different measures are not necessarily assets in times of stress. options. An assessment of the (4) Commit private resources ex ante mutually exclusive, nor are they equally effectiveness of reform options in effective at mitigating the vulnerabilities to enable MMFs to withstand liquidity achieving these goals should take into stress or a credit crisis. When prime and of prime and tax-exempt MMFs. Policy account: (a) How each option would makers could combine certain measures tax-exempt MMFs have encountered address MMF structural vulnerabilities serious strains, official sector within a single set of reforms. Some and contribute to the overarching goals; interventions have followed quickly. policy measures listed below have been (b) the effect of each option on short- Options such as capital buffers, explicit raised for consideration previously, term funding markets and the MMF sponsor support, and the LEB could including in the PWG’s October 2010 sector more broadly, including through provide committed private resources to report on MMF reform options and the its effects on the resilience, functioning, supply liquidity or absorb losses and FSOC’s 2012 proposed and stability of short-term funding thus reduce the likelihood that official recommendations on MMF reform, and markets, as well as whether the reform sector support would be needed to calm warrant renewed consideration in light option would trigger the growth of markets. of recent MMF stresses. existing investment strategies and (5) Further improve liquidity and This report focuses on reform products, or the development of new portfolio risk management. Changes to measures for MMFs only. It is important strategies and products, that could liquidity management requirements to recognize MMFs’ role in the market either exacerbate or mitigate market could include raising required liquid- events in March 2020 and to examine vulnerabilities; and (c) potential asset buffers. Other options could measures that would address concerns drawbacks, limitations, or challenges motivate more conservative risk and structural vulnerabilities specific to specific to each reform option. The management by explicitly making fund MMFs. Although they are beyond the reform options considered in this report sponsors or others responsible for scope of this report, and as discussed seek to achieve the goals in different absorbing any heightened liquidity generally above, there were other ways. For example, some are intended needs or losses in their MMFs. stresses in short-term funding markets to address the liquidity-related stresses (6) Clarify that MMF investors, rather in March 2020 that may have that were evident in March 2020, while than taxpayers, bear market risks. contributed to the pressure on MMFs. others also touch on potential credit- Government support has repeatedly As discussed in more detail below, related concerns. This menu of options provided emergency liquidity to prime the potential policy measures for prime reflects the possibility that future and tax-exempt funds and also has and tax-exempt MMFs explored in this financial stress events may affect the obscured the risks of liquidity and report are: liquidity of short-term investments, • Removal of Tie between MMF credit shocks for MMFs. Some options, their credit quality, or both. Liquidity and Fee and Gate Thresholds; such as the floating NAV for retail prime (a) How the reform options would • Reform of Conditions for Imposing and tax-exempt MMFs, swing pricing, seek to achieve the goals. Redemption Gates; and the MBR could make risks to • Minimum Balance at Risk (‘‘MBR’’); (1) Internalize liquidity costs of investors more apparent. • Money Market Fund Liquidity investors’ redemptions, particularly in (b) Effects on short-term funding Management Changes; stress periods. Some options would markets. The reform options are • Countercyclical Weekly Liquid impose a cost on redeeming investors intended to reduce the structural Asset Requirements; that rises as liquidity stress increases to vulnerabilities of MMFs, which could • Floating NAVs for All Prime and reflect the costs of redemptions for the make them a more stable source of Tax-Exempt Money Market Funds; fund. These options, particularly swing short-term funding for financial • Swing Pricing Requirement; pricing and the MBR, could reduce or institutions, businesses, and state and • Capital Buffer Requirements; eliminate first-mover advantages for local governments. This would improve

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the stability and resilience of short-term pricing and the MBR, as unfamiliar, gates and fees would reduce the salience funding markets. restrictive, and complicated. of these thresholds and could diminish At the same time, some of the reform • Increasing costs associated with the incentive for preemptive runs. options would likely diminish the size MMF sponsorship. Some options, such • This may improve the usability of of prime and tax-exempt MMFs, which as the introduction of capital buffers, WLA buffers by making MMFs more would also affect the functioning of required LEB membership, and explicit comfortable in deploying their liquid short-term funding markets. A shrinkage sponsor support, could raise operating assets in times of stress. of MMFs could reduce the supply of costs for sponsors. Other options, such Potential drawbacks, limitations, and short-term funding for financial as swing pricing and MBR, may also challenges: institutions, businesses, and state and have sizable implementation costs. • While this option would remove a local governments. Making prime and Increased costs and operational focal point that may trigger runs, it tax-exempt MMFs less desirable as cash- complexity could lead to increased would do little otherwise to mitigate run management vehicles also could cause concentration and a reduction in the incentives. investors to move to less regulated and overall size of the MMF industry. • If MMFs maintain fewer liquid less transparent mutualized cash- (c) Potential drawbacks, limitations, assets (by holding WLA levels closer to management vehicles that are also and challenges specific to each option. 30 percent) as a result of this change, susceptible to runs that cause stress in Evaluation of the reform options also the funds may be less equipped to short-term funding markets. should take into account potential manage significant redemptions without A reduction in the size of prime and drawbacks, limitations, and challenges engaging in fire sales. tax-exempt MMFs may not necessarily of each option, such as implementation • Permitting funds to impose fees or be inappropriate if, for example, the challenges or limits on an option’s gates without reference to a specific growth of these funds has reflected in ability to achieve the desired goals. The threshold may cause broader contagion part the effects of implicit taxpayer report discusses these considerations for if investors fear the imposition of fees or subsidies and other externalities (that is, each option below. gates in other funds that otherwise Several specific policy options are broader economic costs of runs that are would have been seen as safe. not borne by investors or the funds). In described below, along with a high-level addition, if these MMFs remain run analysis of the potential benefits and B. Reform of Conditions for Imposing prone, a reduction in the size of the drawbacks of each option. Redemption Gates industry could mitigate the effects of A. Removal of Tie Between MMF Reforming rules regarding redemption future runs from these funds on short- Liquidity and Fee and Gate Thresholds gates to reduce the likelihood that gates term funding markets. Liquidity fees and redemption gates may be imposed could diminish The aftermath of the 2014 MMF are intended to give MMF boards tools investors’ incentives to engage in reforms provides a precedent for the to stem heavy redemptions by imposing preemptive runs. For example, funds consequences of a substantial reduction a fee to reduce shareholders’ incentives could be required to obtain permission in the size of prime and tax-exempt to redeem or by stopping redemptions from the SEC or notify the SEC prior to funds, although a future experience altogether for a period of time. imposing gates. Alternatively, fund could differ. In the year before the Currently, MMF boards have discretion boards could be required to consider October 2016 implementation deadline to impose fees or gates when WLAs fall liquidity fees before gates, making it less for those reforms, aggregate prime MMF below 30 percent of total assets and likely that gates would be imposed. assets shrank by $1.2 trillion (69 generally must impose a fee of 1 percent Another option could be to lower the percent) and tax-exempt MMF assets if WLAs fall below 10 percent, unless WLA threshold at which gates could be declined about $120 billion (47 the board determines that such a fee imposed to, for example, 10 percent. percent). Nonetheless, to the extent that would not be in the best interest of the Gate rules also could be reformed to spreads for instruments held by these fund or that a lower or higher (up to 2 make gates ‘‘soft’’ or ‘‘partial.’’ With soft MMFs were affected, they generally percent) liquidity fee is in the best gates, for example, if redemptions on a widened only temporarily, and investor interests of the fund. particular day exceed a certain amount, migration to other mutualized cash- Definitive thresholds for permissible a fund could reduce each investor’s management vehicles was largely imposition of liquidity fees and redemption pro rata to bring total limited to shifts to government MMFs. redemption gates may have the redemptions below that amount, with (Over the next three years, prime MMFs unintended effect of triggering remaining redemption amounts deferred regained about half of the 2015–2016 preemptive investor redemptions as to the next business day (and continuing decline.) funds approach the relevant thresholds. daily deferrals until all redemption These considerations are important, Some preliminary research suggests that requests are satisfied). This affords because some of the reform options redemptions accelerated in March 2020 investors at least some liquidity, in could reduce the size of the prime and from funds with declining WLAs.43 contrast to the complete curtailment of tax-exempt fund sectors by: Removing the tie between the 30 liquidity when a fund suspends all • Reducing attractiveness of prime percent and 10 percent WLA thresholds redemptions. and tax-exempt MMFs for investors. The and the imposition of fees and gates is Potential benefits: • costs associated with some options, one possible reform. Fund boards could Reforming the rules around gates such as capital buffers and LEB be permitted to impose fees or gates might reduce concerns that gates will be membership, may reduce the funds’ when doing so is in the best interest of imposed immediately upon a breach of yields. The MBR would limit the the fund, without reference to any the 30 percent WLA requirement and liquidity of their shares in some specific level of liquidity. reduce the salience of that threshold, circumstances. The floating NAV Potential benefits: particularly if investors are more requirement and swing pricing would • Removing the tie between the WLA concerned about gates than fees. make NAVs more volatile and MMF thresholds and funds’ ability to impose • Gates could still be imposed, but shares less cash-like. And investors may only in very dire conditions when runs view some policies, such as swing 43 See footnote 32, above. on funds are likely anyway.

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• This may improve the usability of be a specified fraction of the addition, a ‘‘strong form’’ of MBR may WLA buffers by making MMFs more shareholder’s maximum recent balance create the need to convert existing MMF comfortable in deploying their liquid (less an exempted amount). An MBR shares or issue new subordinated shares assets in times of stress. mechanism could be used in a floating to comply with typical state law • A ‘‘soft’’ or ‘‘partial’’ gate could NAV fund to allocate losses only under limitations on allocating losses to a reduce disruptions caused by the certain rare circumstances, such as subset of shares in a single share class. imposition of a gate by allowing when the fund suffers a large drop in • An MBR mechanism may have shareholders to redeem a portion of NAV or is closed. different and unequal effects on shares as normal, with a portion held for Potential benefits: investors in stable NAV and floating a limited time to help the fund slow the • A properly calibrated ‘‘strong’’ MBR NAV MMFs. During the holdback rate of redemptions during stress could reduce the vulnerability of MMFs period, investors in a stable NAV MMF periods without engaging in fire sales. to runs. would only experience losses if the fund Potential drawbacks, limitations, and • A strong MBR can internalize the breaks the buck, but investors in a challenges: liquidity costs of investors’ redemptions floating NAV MMF are always exposed • If thresholds remain, they could and thus reduce or eliminate the first- to changes in the fund’s NAV and still be focal points for runs on MMFs. mover advantage for redeeming would continue to be exposed to such • While this option could reduce the investors. It would do so by risk for any shares held back. salience of a threshold that may trigger subordinating a portion of their shares • The MBR is an unfamiliar concept runs, it would do little otherwise to to put them at greater risk if the fund in the fund industry that may result in mitigate run incentives. suffers a loss. This can weigh against investor discomfort or confusion, • Reducing the likelihood that a gate incentives to redeem in a stress event, particularly when it is first introduced. • may be imposed could reduce the so it can be particularly helpful as Calibrating the appropriate size for potential utility of gates as a tool to slow liquidity costs rise.44 an MBR could be a challenge; an MBR investor redemptions. • The disincentive to redeem created that is too small may not create • Providing the SEC a role in granting by an MBR strengthens mechanically as sufficient disincentives to redeem in permission for imposition of gates may stresses increase and put subordinated stress events, but one that is too large result in less timely action than the shares at greater risk. Hence, the MBR would unnecessarily reduce the current framework involving the MMF’s does not create a threshold effect that liquidity of the fund’s shares. board, particularly if multiple MMFs might spur redemptions. D. Money Market Fund Liquidity seek SEC permission in a short period • Under a strong form of MBR, the Management Changes of time, which could allow runs to subordinated shares of redeeming MMFs currently are subject to daily continue or accelerate. Absent a investors provide extra loss absorption threshold, it could be challenging to and weekly liquid asset requirements to protect the investments of non- and must disclose the amount of daily develop objective criteria in advance for redeeming investors. quickly approving or denying such • and weekly liquid assets each day on An MBR could provide more the fund’s website. Changes to liquidity requests in a consistent and appropriate transparency to shareholders regarding manner amid a fast-moving crisis. management requirements could • their risk, as shareholders’ account include a new category of liquidity If MMFs maintain fewer liquid information could include their assets (by holding WLA levels closer to requirements. For example, instead of balances and the size of their MBRs. focusing solely on daily and weekly 30 percent) as a result of this change, Potential drawbacks, limitations, and liquid assets, creating an additional the funds may be less equipped to challenges: category for assets with slightly longer manage significant redemptions without • The MBR could present maturities (e.g., biweekly liquid assets) engaging in fire sales. implementation and administration • could strengthen funds’ near-term Like other gates, a ‘‘soft’’ (or challenges. For example, MMFs, portfolio liquidity when short-term ‘‘partial’’) gate may spur preemptive intermediaries, and service providers runs, but a soft gate may be less effective funding markets become stressed. would need to update systems to: (1) As another alternative, an additional at slowing runs than a full gate, as Compute the MBR on an ongoing basis investors can continue to redeem even threshold, such as a WLA threshold of for each shareholder account and 40 percent, could be set to augment after a soft gate has been imposed. update the allocation of unrestricted, • ‘‘Soft’’ or ‘‘partial’’ gates could current liquidity buffers. If a fund’s holdback, or subordinated holdback WLAs fell below this threshold, introduce accounting and shares for each account to reflect any administrative complexities. penalties such as requiring the escrow additional subscriptions or redemptions of fund management fees until the level C. Minimum Balance at Risk and the passage of time; and (2) prevent of WLA is restored could be imposed on An MBR is a portion of each a shareholder from redeeming holdback fund managers, rather than investors. shareholder’s recent balances in a MMF or subordinated holdback shares in 45 This effectively would require funds to that would be available for redemption transaction processing systems. In maintain a larger amount of WLAs than only with a time delay to ensure that currently required. 44 See, for example, FSOC Proposed redeeming investors still remain Potential benefits: Recommendations; Patrick E. McCabe, Marco • partially invested in the fund over a Cipriani, Michael Holscher, and Antoine Martin, An additional tier of liquidity may certain time period. As such, even if the ‘‘The Minimum Balance at Risk: A Proposal to make MMFs more resilient to significant investor redeems all of her available Mitigate the Systemic Risks Posed by Money Market redemptions by ensuring they maintain Funds,’’ Brookings Papers on Economic Activity assets that will soon become WLAs. shares, she would still share in any (Spring 2013), available at https:// losses incurred by the fund during that www.brookings.edu/wp-content/uploads/2016/07/ Additional liquidity requirements also timeframe. A ‘‘strong form’’ of MBR 2013a_mccabe.pdf. would also put a portion of redeeming 45 Many MMF investors hold their shares through held on behalf of its underlying clients or intermediaries (such as broker-dealers, banks, trust beneficiaries, and the fund does not have access to investors’ MBRs first in line to absorb companies, and retirement plan administrators) that information about these underlying clients or any losses, which creates a disincentive establish omnibus accounts with the fund. An beneficiaries. As a result, intermediaries would be to redeem. The size of the MBR would intermediary’s omnibus account aggregates shares involved in implementing MBR reforms.

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could limit ‘‘barbell’’ strategies (where a E. Countercyclical Weekly Liquid Asset F. Floating NAVs for All Prime and Tax- fund offsets its short-term assets with Requirements Exempt Money Market Funds riskier longer-term assets that enhance During the market stress in March Retail prime MMFs and retail tax- returns but increase the riskiness of the 2020, prime and tax-exempt MMFs that exempt MMFs currently can use a fund’s portfolio). were close to the 30 percent WLA rounded NAV and value portfolio assets • Rules to penalize fund managers threshold may have avoided using their at their amortized cost, which permits first for having inadequate portfolio liquid assets to meet redemptions. the funds to sell and redeem shares at liquidity have the potential to diminish MMFs’ incentives to maintain WLAs a stable share price (e.g., $1.00) without the salience of WLA thresholds to well above the 30 percent minimum, regard to small variations in the value investors by ensuring that initial even in the face of significant outflows, of the securities in their portfolios. A consequences for crossing the may include the desires to avoid: (1) floating NAV requirement would ensure thresholds are not imposed directly on Prohibitions on purchasing assets that that these MMFs instead sell and investors. are not WLAs; (2) raising investor redeem their shares at a price that Potential drawbacks, limitations, and concerns about the potential imposition reflects the market value of a fund’s challenges: of fees or gates; and (3) potential portfolio and any changes in that value. scrutiny resulting from public This would be consistent with floating • Requiring funds to purchase disclosure of low WLA amounts. A NAV requirements that currently apply additional near-term liquid assets or countercyclical WLA requirement could to institutional prime and institutional maintain larger WLAs to avoid penalties reduce some or all of these concerns. tax-exempt MMFs. Although this option might encourage funds to take greater Under this approach, minimum WLA would only affect retail MMFs, those risks in the less liquid parts of their requirements could automatically funds had large outflows in March 2020, portfolios, particularly in a low interest decline in certain circumstances, such and outflows likely would have rate environment, absent other measures as when net redemptions are large or continued or worsened without official to constrain this behavior. when the SEC provides temporary relief sector intervention.46 • Imposing the escrow of fees or other from WLA requirements. Any Potential benefits: penalties on fund managers if WLAs do thresholds linked to a fund’s minimum • The floating NAV eliminates the not meet a new higher minimum WLA requirements (e.g., fee or gate salience of a MMF’s NAV dropping requirement could further diminish the thresholds) would also move with the more than 0.5 percent ($0.995). Unlike usability of WLA buffers by making minimum. stable NAV funds, MMFs with floating MMFs less comfortable in deploying Potential benefits: NAVs cannot ‘‘break the buck.’’ their liquid assets in times of stress. • A countercyclical WLA requirement • Stable NAVs can create an incentive could reduce the salience of the 30 to redeem when MMF portfolios assets • Further increases in liquid asset percent WLA threshold and may lessen lose value because redeeming investors requirements may provide funds only a redemption pressures when a fund is can receive more for their shares than little extra time during a run, as near that threshold. they are worth, while losses are institutional prime fund outflows • This may improve the usability of concentrated among non-redeeming exceeded 5 percent of assets per day at WLA buffers by making MMFs more investors. In contrast, a floating NAV the height of the run in March 2020. comfortable in deploying their liquid mitigates that incentive to redeem as • Additional liquid asset assets in times of stress. losses are spread across all shareholders requirements for MMFs could heighten Potential drawbacks, limitations, and on a pro rata basis whether they redeem roll-over risks for issuers of short-term challenges: or not. Thus, a floating NAV debt that may see more demand for • Funds that reduce WLAs in stress requirement may decrease retail prime issuance in shorter tenors. In addition, events would be less equipped to and tax-exempt MMFs’ vulnerabilities to the extent that new investors would manage additional redemptions without to runs by mitigating the first mover replace MMFs in the tenors outside the engaging in fire sales. advantage for redeeming investors. near-term liquidity requirements, • Even if the WLA threshold is • Floating NAVs make portfolio risks transparency regarding the nature of reduced, threshold effects may still more transparent by making fluctuations these investors may be lower. motivate investors to redeem. In in share values readily observable, • It is not clear whether the required addition, investors may still prefer to which could better align investors’ escrow of fees or other penalties could redeem from funds that are approaching expectations with the risks of portfolio be imposed on fund managers in a way or breaching the standard 30 percent holdings. that would not also affect MMF threshold, and reduced WLA minimums Potential drawbacks, limitations, and investors (e.g., fund managers may may in fact call attention to potential challenges: • respond by reducing the amount of fees stress and prompt greater investor A floating NAV requirement would they waive). outflows. not affect institutional MMFs, which • The benefits of this change for have historically been the most Additional considerations: funds’ use of liquid assets may be vulnerable to runs but already have • Funds that purchase additional modest, as current rules do not preclude floating NAVs. near-term liquid assets or maintain funds from using WLAs to meet larger WLAs to avoid penalties may redemptions or prohibit funds from 46 Retail prime MMFs and tax-exempt MMFs were generate lower yield compared to allowing their WLAs to fall below 30 under stress during March 2020, with one tax- similar investment products, which may percent. exempt MMF receiving sponsor support, although • stress among retail funds was less severe than that reduce investor demand for such funds. Appropriately calibrating a for institutional prime MMFs. See Section III.B, As noted above, a reduction in the size countercyclical WLA requirement, above (explaining that outflows from retail prime of the prime and tax-exempt MMF including determining whether it would funds totaled 9 percent (or just over $40 billion) of be an automatic mechanism or one that assets during the two weeks from March 13 to 26, sectors could affect the resilience and and outflows from tax-exempt MMFs—which are functioning of short-term funding the SEC has to adjust in a crisis, could largely retail funds—were 8 percent ($11 billion) of markets in a variety of ways. be challenging. assets during the two weeks from March 12 to 25).

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• Institutional prime MMFs with benefits investors who do not redeem by MMFs already have resources in place floating NAVs still experienced runs in reducing dilution to the value of a to absorb losses. March; floating NAVs do not prevent fund’s shares and insulating these • Owners of capital will have runs. investors from the effects of others’ incentives to mitigate risk-taking by the Additional considerations: redemption activity. fund. For example, if capital is provided • Floating NAVs could result in a • Swing pricing can improve long-run by the fund’s sponsor, the sponsor will reduction in the size of retail prime and fund performance by reducing dilution. have an explicit incentive to manage retail tax-exempt MMF sectors by • If swing pricing is available (and portfolio risks to preserve the capital. making retail MMF shares less cash-like, used occasionally) in ‘‘normal’’ times, Potential drawbacks, limitations, and which could reduce investor demand. its use can help investors understand challenges: As noted above, a reduction in the size that they bear liquidity risks in a MMF. • A capital buffer financed from of the prime and tax-exempt MMF Moreover, regular deployment of swing unaffiliated investors could be complex sectors could affect the resilience and pricing would make its use in stress to administer. • functioning of short-term funding events less unsettling for investors. Sizable capital buffers are costly to markets in a variety of ways. Potential drawbacks, limitations, and finance, and building adequate capital buffers from MMF income could take G. Swing Pricing Requirement challenges: • Eligible U.S. mutual funds have yet substantial time, particularly in a low Under current rules, MMF investors to implement swing pricing, largely interest rate environment, and could redeeming their shares in a prime or tax- because implementation would require disadvantage current MMF investors for exempt fund typically do not incur the substantial reconfiguration of current the benefit of future MMF investors. • costs associated with this redemption distribution and order-processing Calibrating the appropriate size for activity. Instead, these costs are largely practices. MMFs could face similar a capital buffer could be a challenge; borne by other investors in the fund, challenges. MMFs would continue to be vulnerable and this contributes to a first-mover • Unlike other mutual funds, some if the buffer is too small, but one that advantage for those who redeem quickly MMFs strike their NAVs more than once is too large would be unnecessarily in a crisis. Swing pricing effectively costly. per day and allow intraday purchases • allows a fund to impose the costs and redemptions for any orders received A capital requirement could stemming from redemptions directly on prior to a given NAV strike. The increase MMF industry concentration redeeming investors by adjusting the potential management of swing pricing because provision of initial capital fund’s NAV downward when net would be a substantial burden for some 47 considerations multiple times per day redemptions exceed a threshold. That could be particularly challenging in asset managers and could cause them to is, when the NAV ‘‘swings’’ down, times of market stress. exit the industry. In addition, such a redeeming investors receive less for • It may be challenging to design and requirement may favor bank-sponsored their shares. A swing pricing calibrate a swing pricing mechanism funds. requirement could help ensure that that can effectively internalize liquidity Additional considerations: • The costs of financing a capital redeeming shareholders bear liquidity costs for redeeming investors, especially buffer would be borne by MMF sponsors costs throughout market cycles (i.e., not during stress events. only in times of market stress). In the and investors, and these costs could United States, an optional swing pricing H. Capital Buffer Requirements result in a reduction in the size of the framework is permissible for certain Capital (or ‘‘NAV’’) buffers, which prime and tax-exempt MMF sectors. As mutual funds, but not for MMFs. could be structured in a variety of ways, noted above, a reduction in the size of Although swing pricing is largely can provide dedicated resources within these MMFs could affect the resilience untested for MMFs, it has been helpful or alongside a fund to absorb losses and and functioning of short-term funding for other types of non-U.S. mutual can serve to absorb fluctuations in the markets in a variety of ways. 48 funds. value of a fund’s portfolio, reducing the I. Require Liquidity Exchange Bank Potential benefits: cost to taxpayers in case of a run.49 For • A properly calibrated swing pricing Membership a floating NAV fund, capital buffers mechanism could reduce the To provide a liquidity backstop could be reserved to absorb the fund’s vulnerability of MMFs to runs. during periods of market stress, prime losses only under certain rare • Swing pricing can internalize the and tax-exempt MMFs could be circumstances, such as when it suffers liquidity costs of investors’ redemptions required to be members of a private a large drop in NAV or is closed. and thus reduce or eliminate the first- liquidity exchange bank. The LEB Potential benefits: mover advantage for redeeming would be a chartered bank. Under one • A capital buffer adds ex ante loss- investors. By making redemptions LEB proposal, MMF members and their absorption capacity to a MMF that costly, swing pricing can weigh against sponsors would capitalize the LEB would mitigate MMF shareholders’ risk incentives to redeem in a stress event, through initial contributions and of losses and their incentives to redeem so it can be particularly helpful as ongoing commitment fees. During times in a stress event. liquidity costs rise. Swing pricing also of market stress, the LEB would • A buffer would mitigate the MMF purchase eligible assets from MMFs that industry’s reliance on discretionary, ex 47 If a fund has net inflows above the swing need cash, up to a maximum amount post sponsor support by assuring that threshold, swing pricing would instead adjust the per fund. The LEB would not be fund’s NAV upward. intended to provide credit support. 48 See, for example, Jin, Dunhong, Marcin 49 See, for example, Craig M. Lewis, ‘‘Money Kacperczyk, Bige Kahraman, an Felix Suntheim, Market Fund Capital Buffers,’’ (April 6, 2015), Potential benefits: ‘‘Swing Pricing and Fragility in Open-end Mutual available at https://papers.ssrn.com/sol3/ • The existence of a liquidity Funds,’’ IMF Working Paper WP/19/227 (2019); papers.cfm?abstract_id=2687687; Samuel G. backstop provided by an LEB could Association of the Luxembourg Fund Industry, Hanson, David S. Scharfstein, and Adi Sunderam, diminish investors’ incentives to run. Swing Pricing Updae 2015 (Dec. 2015) (‘‘ALFI ‘‘An Evaluation of Money Market Fund Reform • Survey 2015’’) at 21, available at http://www.alfi.lu/ Proposals,’’ (May 2014), available at https:// An LEB would commit private sites/alfi.lu/files/ALFI-Swing-Pricing-Survey-2015- www.imf.org/external/np/seminars/eng/2013/mmi/ resources, including bank capital, ex FINAL.pdf. pdf/Scharfstein-Hanson-Sunderam.pdf. ante to provide liquidity to MMFs. This

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framework could partially internalize interest rate environment. Moreover, the FDIC and OCC, provided temporary the costs of liquidity protection for the need to comply with applicable relief from these restrictions.54 The SEC MMF industry and reduce distortions leverage-based capital requirements on a staff also issued a temporary no-action that can arise from an expectation of continuous basis—even during periods letter in March to permit the purchase official sector support in times of stress. of peak usage under stress—could of certain MMF securities by an affiliate • Chartered banks generally have render the LEB’s lending capacity where reliance on rule 17a–9 could access to Federal Reserve liquidity insufficiently robust in extremis. • conflict with sections 23A and 23B of through the discount window, although News that an LEB is running out of the Federal Reserve Act.55 the duration and extent of access is not capacity could accelerate runs. guaranteed. To the extent that the LEB • Requiring fund sponsors to provide A regulatory framework governing has access to the discount window, that initial capital for an LEB would likely sponsor support could clarify who bears access may further mitigate liquidity favor large and bank-affiliated sponsors MMF risks by establishing when a pressures on MMFs and reduce the and could cause some others to exit the sponsor would be required to provide likelihood of fire sales. industry, thus increasing industry support.56 • Pooling liquidity resources for concentration. Potential benefits: • Administering an LEB may raise MMFs may offer efficiency gains. An • LEB would provide liquidity to MMFs complex governance and fairness Explicit sponsor support, similar to that need it, rather than requiring each concerns, particularly in times of stress. a capital buffer, would commit private Additional considerations: resources ex ante to absorb losses, MMF to hold liquidity separately. • Potential drawbacks, limitations, and Requiring membership in an LEB mitigate risks to MMF shareholders, and challenges: likely would impose a cost on sponsors reduce their incentives to redeem in a • Access to the LEB backstop during and reduce yields for investors, both of stress event. which could result in a reduction in the times of market stress, without further • Similar to a capital buffer financed size of the prime and tax-exempt MMF consideration of risk management by MMF sponsors, explicit sponsor measures, could have moral hazard sectors. As noted above, a reduction in the size of these MMFs could affect the support could strengthen sponsors’ effects that motivate some funds to take incentives to reduce portfolio risks. greater risks in the less-liquid parts of resilience and functioning of short-term their portfolios. funding markets in a variety of ways. Potential drawbacks, limitations, and • challenges: The LEB, which would not provide J. New Requirements Governing Sponsor traditional banking services, is not Support • Making sponsor support for MMFs intended to operate as a commercial In times of market stress, sponsor explicit would favor bank-sponsored bank, and commercial banks are not support has been a tool for stabilizing funds and would likely increase MMF organized to buy assets from entities MMF share prices and providing industry concentration. facing financial difficulties. As such, it liquidity. Support of funds was • Making support explicit would is unclear whether such an entity would relatively common during the 2008 be able to obtain a banking charter. require new official sector oversight to • Access to the discount window by financial crisis as a number of MMF ensure that sponsors have resources to the LEB is not guaranteed, particularly sponsors purchased large amounts of provide support. portfolio securities from their MMFs or in the size and term that may be needed Additional considerations: to provide material liquidity support to provided capital support to their MMFs.52 However, the discretionary • Formalizing sponsor support would MMFs under stress. impose an expected cost on sponsors • To the extent that liquidity nature of sponsor support contributes to and likely would cause them to charge provided by the Federal Reserve uncertainty about who will bear risks in exceeds what is provided to a typical periods of stress, including when there higher fees to investors, which could commercial bank, the LEB would not be is a run on a MMF. Moreover, the lead to a reduction in the size of the significantly different from other types inability of one sponsor to provide prime and tax-exempt MMF sectors. At of historical official sector support. support for a distressed fund accelerated the same time, explicit support could • As a bank, the LEB would be the run on MMFs in September 2008. boost demand for these funds by making subject to supervision and regulation, Currently, sponsors may provide them less risky. As noted above, including restrictions on transactions support to MMFs under certain changes in the size of these MMFs could with affiliate funds.50 In addition, conditions established by rule 17a–9 affect the resilience and functioning of investors in the LEB may themselves under the Act, and must make public short-term funding markets in a variety become bank holding companies. If an disclosure of any ‘‘financial support’’ to of ways. increase transparency about sponsor investor became a bank holding [FR Doc. 2021–02704 Filed 2–9–21; 8:45 am] involvement.53 However, bank sponsors company, it would be subject to BILLING CODE 8011–01–P consolidated supervision and are subject to limits on transactions with regulation, and would be required to affiliates under section 23A of the serve as a source of strength to the Federal Reserve Act. In March, the LEB.51 Federal Reserve, in conjunction with the 54 See Letters dated March 17, 2020, available at • The LEB would need significant https://www.federalreserve.gov/supervisionreg/ capital to both be in a position to 52 See SEC 2014 Reforms, at paragraph legalinterpretations/fedreserseactint20200317.pdf. accompanying footnote 53; 2010 PWG Report. A 55 See Letter to Susan Olson, Investment provide meaningful liquidity for MMFs sponsor may also provide support when the fund in stress events and be seen as a credible Company Institute (March 19, 2020), available at is not under stress. As one example, a sponsor may https://www.sec.gov/investment/investment- provide support in a form of capital contribution to liquidity backstop. Building adequate company-institute-031920-17a. capacity from MMF income could take maintain a fund’s stable NAV when liquidating a fund that experienced small losses as assets 56 This reform could also include changes to several years, particularly in a low matured. obviate the need for future SEC staff no-action 53 See Investment Company Act rule 17a–9 [17 letters relating to the interaction of rule 17a–9 and 50 12 U.S.C. 371c; 12 CFR 223. CFR 270.17a–9]; SEC Form N–CR, Part C; and SEC certain banking law provisions, which may provide 51 12 U.S.C. 1841 et seq. Form N–MFP, Item C.18. more certainty with respect to sponsor support.

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SECURITIES AND EXCHANGE A. Changes to the General Description DTC proposes to amend the COMMISSION of Interim Accounting Distributions Guide to provide greater Interim accounting is an important clarity and transparency regarding the [Release No. 34–91063; File No. SR–DTC– part of the entitlements and allocations foregoing description of the interim 2020–019] process for distributions for DTC. The accounting process. interim period (also referred to in the B. Interim Accounting on a Security Self-Regulatory Organizations; The Distributions Guide as the due bill Being Delisted Depository Trust Company; Order period) is the period during which a In certain scenarios, listed exchanges Approving a Proposed Rule Change To settling trade has due bills attached to might not announce an ex-date that is Update the Distributions Service Guide it. A due bill is an indication of a seller’s on or after the date the corresponding obligation to deliver a pending security is being delisted. In such February 4, 2021. distribution (e.g., cash dividend, stock instances, if the listed exchange does dividend, interest payment, etc.) to the I. Introduction not declare an ex-date, but instead buyer in a securities transaction. For provides direction that trades in a On December 21, 2020, The distributions that are the subject of a particular security up to a specified date due bill, the interim period extends Depository Trust Company (‘‘DTC’’) include the distribution, then DTC from the Interim Accounting Start Date filed with the Securities and Exchange captures interim accounting based on (i.e., record date +1) 6 up to the Due Bill Commission (‘‘Commission’’), pursuant the exchange’s direction.10 The current Redemption Date (which is typically ex- to Section 19(b)(1) of the Securities Distributions Guide does not clearly 1 date +1 for equities and payable date –1 Exchange Act of 1934 (‘‘Act’’) and Rule describe the foregoing process. DTC 19b–4 thereunder,2 proposed rule for debt).7 Normally, the registered holder of a proposes to update the Distributions change SR–DTC–2020–019. The Guide to clearly describe the process. proposed rule change was published for security on the close of business on the record date is entitled to the DTC also proposes to update the comment in the Federal Register on copyright date of the Distributions 3 distribution. There are times, however, December 29, 2020. The Commission Guide. did not receive any comment letters on when that is not the case. Such times the proposed rule change. For the generally fall into two categories. First, C. Interim Accounting for an Ex-Date reasons discussed below, the for equity issues, there are times when Change Due to Unscheduled Closing of Commission is approving the proposed the listed exchange will declare an ex- a Stock Exchange rule change. date that is not one business day prior Occasionally, there is an unscheduled to the record date (e.g., an ex-date that closing of one or more stock exchanges II. Description of the Proposed Rule equals payable date +1). At such times, (due to, e.g., a national day of mourning, Change a buyer is entitled to the distribution an event causing significant market when the registered holder of an equity DTC proposes to amend its Corporate disruption or regional impact, etc.). issue sells the security prior to the ex- During an unscheduled closing, a listed Actions Distributions Service Guide date. Second, for most bonds, the buyer (‘‘Distributions Guide’’) 4 to (1) more exchange typically moves ex-dates that of the security is entitled to the interest were scheduled for that date to the next clearly explain the interim accounting payment (i.e., the distribution) on trades process, generally, (2) provide an open business day, which is usually the that settle up to and including the day record date. Such a move is necessary explanation for the interim accounting before the payable date, even though the process for a security being delisted, (3) because ex-dates must occur on a buyer is not the record date holder. business day that the listed exchange is change how DTC manages interim With DTC’s interim accounting accounting when an ex-date 5 is changed open.11 process, during a due bill period, DTC Currently, when an exchange moves due to an unscheduled closure of a tracks all settled activity, where the stock exchange, (4) remove the ex-dates due to unscheduled closing of receiver (typically a buyer) is entitled to the exchange, DTC continues to apply statements that DTC’s U.S. Tax a distribution, and adjusts Participants’ Withholding (‘‘UTW’’) service is the interim accounting process record-date positions, crediting the described above.12 According to DTC, available to subaccounts of U.S. receiver and debiting the deliverer Participants and that users of the UTW when there is an unscheduled closure, (typically a seller) the distribution the intent of the exchange is for the final service must enter into a Withholding amount.8 DTC states that this process Agent Agreement, and (v) make certain day of trading with a due bill to fall on helps ensure accurate payment on the the business day prior to the conforming and technical changes, payable date and eliminate time- including updating the copyright date, unscheduled closure, so that there consuming and costly paper would be no executed trades in the each described in greater detail below. 9 processing. security on the day of closure.13 However, because this scenario causes 1 15 U.S.C. 78s(b)(1). 6 The record date is the cut-off date used to 2 17 CFR 240.19b–4. determine which shareholders are entitled to a ex-dates and record dates to coincide, 3 Securities Exchange Act Release No. 3490747 corporate dividend. Typically, the ex-date is the (December 21, 2020), 85 FR 85765 (December 29, day before the record date. 10 DTC states that on the rare occasions, a 2020) (File No. SR–DTC–2020–019) (‘‘Notice’’). 7 The payable date refers to the date that any corporate action event (e.g., a merger) would occur 4 DTC’s Distributions Guide is available at http:// declared stock dividends are due to be paid out. during an interim period that would require DTC www.dtcc.com/∼/media/Files/Downloads/legal/ Investors who purchased their stock before the ex- to make special processing arrangements. See id. service-guides/Service%20Guide%20 date are eligible to receive dividends on the payable 11 See, e.g., FINRA Rule 11140—Transactions in Distributions.pdf. Capitalized terms not defined date. Securities ‘‘Ex-Dividend,’’ ‘‘Ex-Rights’’ or ‘‘Ex- herein are defined in the Rules, By-Laws, and 8 The physical movement of securities (such as, Warrants’’ available at https://www.finra.org/rules- Organization Certification of DTC (‘‘Rules’’), deposits, withdrawals-by-transfer, and certificates- guidance/rulebooks/finra-rules/11140. available at http://www.dtcc.com/∼/media/Files/ on-demand) are not transactions that are included 12 Notice, 85 FR at 85767. Downloads/legal/rules/dtc_rules.pdf. in the interim accounting process; thus, they do not 13 DTC has participated in various conversations 5 The ‘‘ex-date’’ or ‘‘ex-dividend date’’ is the day result in adjustments between Participants. See with exchanges, industry representatives, and the stock starts trading without the value of an Notice, 85 FR at 85766. Participants to better understand and help address already-declared dividend. 9 Id. this issue. See id.

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and because the interim accounting such proposed rule change is consistent to reverse the interim accounting on process is based on a two-day settlement with the requirements of the Act and activity to which the interim accounting cycle, an unintended consequence is the rules and regulations thereunder should not have otherwise applied. By application of due bills to activity one applicable to such organization. After eliminating this need, the proposed rule day after record date.14 Since DTC carefully considering the proposed rule change should help streamline DTC’s continues to apply its standard interim change, the Commission finds that the interim accounting process for tracking accounting process, Participants are proposed rule change is consistent with due bills associated with Participants’ required to perform adjustments to the requirements of the Act and the securities transactions. Because interim reverse the interim accounting on rules and regulations thereunder accounting is part of DTC’s broader activity to which the interim accounting applicable to DTC. In particular, the mechanism for the clearance and should not have applied, creating Commission finds that the proposed settlement of securities transactions, the unnecessary work for the Participants.15 rule change is consistent with Section Commission believes that by In order to avoid the need for such 17A(b)(3)(F) of the Act 24 and Rule streamlining DTC’s interim accounting adjustments, DTC proposes to no longer 17Ad–22(e)(21) promulgated under the process, the proposed rule change is apply the interim accounting process Act,25 for the reasons described below. designed to remove impediments and when an exchange moves an ex-date perfect the mechanism of the system for due to an unexpected closure of the A. Consistency With Section the prompt and accurate clearance and exchange. 17A(b)(3)(F) settlement of securities transactions, Section 17A(b)(3)(F) of the Act 26 consistent with Section 17A(b)(3)(F) of D. UTW Service requires, in part, that the rules of a the Act.29 DTC states that its UTW service is clearing agency be designed, in general, designed to help ensure that the to protect investors and the public B. Consistency With Rule 17Ad– appropriate non-resident alien interest. As described above, the 22(e)(21) withholding tax is applied to U.S.- proposed rule change would update the Rule 17Ad–22(e)(21) under the Act 30 sourced income paid to DTC’s direct Distributions Guide to more clearly requires that DTC establish, implement, non-U.S. Participants.16 DTC further explain the interim accounting process maintain and enforce written policies states that the applicable withholding and, more specifically, provide an and procedures reasonably designed to, tax is determined based on the type of explanation of the interim accounting in part, be efficient and effective in income being paid along with the tax process for a security being delisted, as meeting the requirements of its forms provided by the Participant.17 well as update the copyright date. Participants and the markets it serves. The Distributions Guide currently Additionally, as described above, the As described above, the proposed rule provides that the UTW service is proposed rule change would amend the change would amend the Distributions available to non-U.S. Participants, Distributions Guide for consistency with Guide to (1) provide greater general including subaccounts of U.S. DTC’s understanding of relevant U.S. clarity and transparency regarding Participants, and that users of the UTW tax regulations. The Commission DTC’s interim accounting process, (2) service must enter into a Withholding believes that these changes would explain the interim accounting process Agent Agreement.18 DTC believes that provide DTC’s Participants and the for a security being delisted, (3) no U.S. tax regulations 19 require DTC to public with greater clarity and longer apply interim accounting when withhold U.S. tax on payments it makes transparency regarding DTC’s interim an exchange changes an ex-date due to to its non-U.S. Participants.20 However, accounting process, which, in turn, is an unscheduled closure of the exchange, according to DTC, U.S. tax regulations generally to the benefit of investors and and (4) remove the statements that the do not contemplate a process under the public. Accordingly, the UTW service is available to subaccounts which DTC would withhold tax Commission believes that the proposed of U.S. Participants and that users of the obligations of its U.S. Participants.21 rule change is designed, in general, to UTW service must enter into a DTC also acknowledges its obligations protect investors and the public interest, Withholding Agent Agreement. apply regardless of whether there is or consistent with Section 17A(b)(3)(F) of The foregoing proposed changes is not an agreement between DTC and the Act.27 would improve the Distributions Guide its Participants to do so.22 DTC proposes Section 17A(b)(3)(F) of the Act 28 also by clarifying DTC’s interim accounting to revise the Distributions Guide to requires, in part, that the rules of a processes, as well as the application and reflect its understanding of the foregoing clearing agency be designed to remove requirements of the UTW service. As a U.S. tax regulations. impediments to and perfect the result, the proposed changes would help mechanism of a national system for the better inform DTC’s Participants III. Discussion and Commission regarding those matters. Moreover, as Findings prompt and accurate clearance and settlement of securities transactions. As described above, the proposed change to 23 Section 19(b)(2)(C) of the Act described above, the proposed rule no longer apply interim accounting directs the Commission to approve a change would change how DTC when there is an unscheduled closure of proposed rule change of a self- manages interim accounting when an an exchange would provide efficiencies regulatory organization if it finds that exchange moves an ex-date due to an to Participants by obviating the need for unscheduled closure of the exchange, so them to make unnecessary interim 14 Id. that DTC will no longer capture interim accounting adjustments. 15 Id. activity that results from such a Accordingly, for the reasons stated 16 Id. scenario. As a result, Participants would above, the Commission believes that the 17 Id. proposed rule change is designed to 18 Distributions Guide, U.S. Tax Withholding, pg no longer need to perform adjustments 23, supra note 4. enhance DTC’s efficiency and 19 See 26 CFR 1.1441–7(a). 24 15 U.S.C. 78q–1(b)(3)(F). effectiveness in meeting the 20 See Notice, 85 FR at 85767. 25 17 CFR 240.17Ad–22(e)(21). requirements of its Participants and the 21 Id. 26 15 U.S.C. 78q–1(b)(3)(F). 22 Id. 27 Id. 29 Id. 23 15 U.S.C. 78s(b)(2)(C). 28 Id. 30 17 CFR 240.17Ad–22(e)(21).

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markets it serves, consistent with Rule 2020.3 On July 20, 2020, pursuant to SECURITIES AND EXCHANGE 17Ad–22(e)(21) under the Act.31 Section 19(b)(2) of the Act,4 the COMMISSION Commission designated a longer period IV. Conclusion [Release No. 34–91060; File No. SR–Phlx– within which to approve the proposed 2021–05] On the basis of the foregoing, the rule change, disapprove the proposed Commission finds that the proposed rule change, or institute proceedings to Self-Regulatory Organizations; Nasdaq rule changes are consistent with the determine whether to disapprove the PHLX LLC; Notice of Filing and requirements of the Act and in proposed rule change.5 On August 21, Immediate Effectiveness of Proposed particular with the requirements of 2020, the Exchange filed Amendment Rule Change To Amend Phlx Rules 32 Section 17A of the Act and the rules No. 1 to the proposed rule change, February 4, 2021. and regulations promulgated which replaced and superseded the thereunder. Pursuant to Section 19(b)(1) of the proposed rule change as originally Securities Exchange Act of 1934 It is therefore ordered, pursuant to filed.6 On September 9, 2020, the Section 19(b)(2) of the Act 33 that (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Commission published notice of proposed rule change SR–DTC–2020– notice is hereby given that on January Amendment No. 1 and instituted 019, be, and hereby is, approved.34 26, 2021, Nasdaq PHLX LLC (‘‘Phlx’’ or proceedings under Section 19(b)(2)(B) of ‘‘Exchange’’) filed with the Securities For the Commission, by the Division of the Act 7 to determine whether to and Exchange Commission (‘‘SEC’’ or Trading and Markets, pursuant to delegated approve or disapprove the proposed authority.35 ‘‘Commission’’) the proposed rule rule change, as modified by Amendment change as described in Items I and II J. Matthew DeLesDernier, No. 1.8 On November 17, 2020, the below, which Items have been prepared Assistant Secretary. Exchange filed Amendment No. 2 to the by the Exchange. The Commission is [FR Doc. 2021–02712 Filed 2–9–21; 8:45 am] proposed rule change.9 On December 2, publishing this notice to solicit BILLING CODE 8011–01–P 2020, the Commission extended the comments on the proposed rule change period for consideration of the proposed from interested persons. 10 SECURITIES AND EXCHANGE rule change to February 7, 2021. On I. Self-Regulatory Organization’s COMMISSION February 1, 2021, the Exchange Statement of the Terms of Substance of withdrew the proposed rule change the Proposed Rule Change (SR–NASDAQ–2020–026). [Release No. 34–91057; File No. SR– The Exchange proposes to amend NASDAQ–2020–026] For the Commission, by the Division of Phlx Rules at Options 1, Section 1, Trading and Markets, pursuant to delegated ‘‘Applicability, Definitions and Self-Regulatory Organizations; The authority.11 References’’; Options 2, Section 4, Nasdaq Stock Market LLC; Notice of J. Matthew DeLesDernier, ‘‘Obligations of Market Makers’’; Withdrawal of a Proposed Rule Assistant Secretary. Options 2, Section 6, ‘‘Market Maker Change, as Modified by Amendment [FR Doc. 2021–02708 Filed 2–9–21; 8:45 am] Orders’’; Options 3, Section 6, ‘‘Firm Nos. 1 and 2, To Adopt a New Quotations’’; Options 3, Section 7, BILLING CODE 8011–01–P Requirement Related to the ‘‘Types of Orders and Order and Quote Qualification of Management for Protocols’’; Options 3, Section 10, Companies From Restrictive Markets ‘‘Electronic Execution Priority and February 4, 2021. Processing in the System’’; Options 3, Section 13, ‘‘Price Improvement XL On May 29, 2020, The Nasdaq Stock (‘‘PIXL’’)’’; Options 3, Section 15, Market LLC (‘‘Exchange’’) filed with the ‘‘Simple Order Risk Protections’’; Securities and Exchange Commission Options 3, Section 23, ‘‘Data Feeds and (‘‘Commission’’), pursuant to Section Trade Information’’; Options 5, Section 19(b)(1) of the Securities Exchange Act 4, ‘‘Order Routing’’; Options 8, Section of 1934 (‘‘Act’’) 1 and Rule 19b–4 3 See Securities Exchange Act Release No. 89028 2, ‘‘Definitions’’; and Options 8, Section thereunder,2 a proposed rule change to (June 8, 2020), 85 FR 35967. Comments on the 32, ‘‘Types of Floor-Based (Non-System) adopt a new requirement related to the proposed rule change can be found at: https:// www.sec.gov/comments/sr-nasdaq-2020-026/ Orders’’. qualification of management for The text of the proposed rule change companies whose business is srnasdaq2020026.htm. 4 is available on the Exchange’s website at principally administered in a 15 U.S.C. 78s(b)(2). 5 https://listingcenter.nasdaq.com/ jurisdiction that has secrecy laws, See Securities Exchange Act Release No. 89342, 85 FR 44951 (July 24, 2020). The Commission rulebook/phlx/rules, at the principal blocking statutes, national security laws, designated September 10, 2020 as the date by which office of the Exchange, and at the or other laws or regulations restricting the Commission shall approve or disapprove, or Commission’s Public Reference Room. access to information by regulators of institute proceedings to determine whether to U.S.-listed companies. The proposed approve or disapprove, the proposed rule change. II. Self-Regulatory Organization’s rule change was published for comment 6 Amendment No. 1 is available at https:// Statement of the Purpose of, and in the Federal Register on June 12, www.sec.gov/comments/sr-nasdaq-2020-026/ Statutory Basis for, the Proposed Rule srnasdaq2020026-7677529-222672.pdf. Change 7 15 U.S.C. 78s(b)(2)(B). 31 Id. 8 See Securities Exchange Act Release No. 89794, In its filing with the Commission, the 32 15 U.S.C. 78q–1. 85 FR 57260 (September 15, 2020). Exchange included statements 33 15 U.S.C. 78s(b)(2). 9 concerning the purpose of and basis for 34 In approving the proposed rule change, the Amendment No. 2 is available at: https:// Commission considered its impact on efficiency, www.sec.gov/comments/sr-nasdaq-2020-026/ the proposed rule change and discussed competition, and capital formation. 15 U.S.C. 78c(f). srnasdaq2020026-8048419-225740.pdf. any comments it received on the 35 17 CFR 200.30–3(a)(12). 10 See Securities Exchange Act Release No. 90553, 1 15 U.S.C. 78s(b)(1). 85 FR 79062 (December 8, 2020). 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 11 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

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proposed rule change. The text of these Options 2, Section 6 remaining size will be automatically submitted as a new order. statements may be examined at the The Exchange previously filed a rule places specified in Item IV below. The change 3 to replace the term ‘‘Registered This statement does not represent the Exchange has prepared summaries, set Options Traders’’ or ‘‘ROTs’’ with current function of the System. The forth in sections A, B, and C below, of ‘‘Market Makers’’ and replace Exchange proposes to amend the rule the most significant aspects of such ‘‘Specialists’’ with ‘‘Lead Market text to properly represent system statements. Makers.’’ The Exchange is updating this functionality. Today, in this scenario, if rule to conform to those prior changes. the Exchange’s next available price is A. Self-Regulatory Organization’s the ABBO price (which equates to the Statement of the Purpose of, and Options 3, Section 6 Acceptable Trade Range price) after the Statutory Basis for, the Proposed Rule The Exchange proposes to amend remaining order has routed away and Change Options 3, Section 6 to re-number and executed with quotes at the away 1. Purpose re-letter the rule to conform to Phlx’s exchange and the unexecuted contracts rule structure, update rule citations, and are returned to the Exchange, the The Exchange proposes to amend add spacing where necessary. incoming order may post at its original Phlx Rules at Options 1, Section 1, The Exchange also proposes to amend limit price, with a new timestamp and ‘‘Applicability, Definitions and current Options 3, Section would be subject to certain entry References’’; Options 2, Section 4, 6(a)(ii)(B)(2)(g)(iv)(A)(4), which checks. The Exchange proposes to ‘‘Obligations of Market Makers’’; provides, amend the sentence to correctly (A) If the Best Price is the Exchange’s Options 2, Section 6, ‘‘Market Maker provide, next available price . . . Orders’’; Options 3, Section 6, ‘‘Firm If the Best Price is the Exchange’s next Quotations’’; Options 3, Section 7, and is also equal to both the ABBO price available price . . . and is also equal to both ‘‘Types of Orders and Order and Quote and the Acceptable Range price, any the ABBO price and the Acceptable Trade remainder order volume from the Range price, any remainder order volume Protocols’’; Options 3, Section 10, execution on the Exchange will be from the execution on the Exchange will be ‘‘Electronic Execution Priority and routed away, and if after such routing, routed away, and if after such routing, there Processing in the System’’; Options 3, there still remain unexecuted contracts, still remain unexecuted contracts, the Section 13, ‘‘Price Improvement XL the remainder will be posted on the unexecuted contracts would post to the Order Book at their Limit Order price, with (‘‘PIXL’’)’’; Options 3, Section 15, Phlx at the Acceptable Range price for ‘‘Simple Order Risk Protections’’; a new timestamp, subject to order entry price a period not to exceed ten seconds, and checks. Options 3, Section 23, ‘‘Data Feeds and then cancelled after this time has Trade Information’’; Options 5, Section elapsed, unless the member that The order entry checks are applied for 4, ‘‘Order Routing’’; Options 8, Section submitted the original order has new orders when they post to the Order 2, ‘‘Definitions’’; and Options 8, Section instructed the Exchange in writing to re- Book as provided for in Phlx Options 3, 32, ‘‘Types of Floor-Based (Non-System) enter the remaining size, in which case Section 5(a)(4). The Exchange filed prior 4 Orders’’. Each change is described the remaining size will be automatically rule changes which established Phlx’s below. submitted as a new order. During this System as it exists today. As the new up to ten second period, the System will System was amended through a series of Options 1, Section 1 disseminate, on the opposite side of the rule changes, certain technology was automated to prevent any manual The Exchange proposes to update the market from remaining unexecuted contracts: (i) A non-firm bid for the intervention, and provide System- cross reference within Options 1, enforced functionalities. The Exchange Section 1(b)(46) to Options 1, Section price and size of the next available bid(s) on the Exchange if the remaining believes that this process was modified 1(b)(45) and make other non-substantive with certain enhancements which grammatical amendments within size is a seller, or (ii) a non-firm offer for the price and size of the next further automated the System. The Options 1, Section 1. available offer(s) on the Exchange if the proposed amendment provides the Options 2, Section 4 remaining size is a buyer. market participant with greater certainty as to the order. Further, the Exchange The Exchange proposes to amend the offers market participants various The Exchange proposes to add a title sentence which provides, to Options 2, Section 4(c)(1) to make options with respect to routing. A clear that this section applies intra-day. If the Best Price is the Exchange’s next market participant may elect to route as available price . . . and is also equal to both The Exchange proposes to add the title, a FIND or SRCH Order which provides the ABBO price and the Acceptable Trade the Exchange with instructions as to ‘‘Intra-Day Bid/Ask Differentials (Quote Range price, any remainder order volume Spread Parameters).’’ from the execution on the Exchange will be how an order may route anew once posted on the Order Book.5 A market Additionally, the Exchange proposes routed away, and if after such routing, there still remain unexecuted contracts, the participant may also choose to submit to remove the phrase, ‘‘or its decimal remainder will be posted on the Phlx at the an order with varying TIF options (e.g., equivalent rounded down to the nearest Acceptable Trade Range price for a period DAY, IOC, GTC) that provide the minimum increment’’ within Options 2, not to exceed ten seconds, and then Exchange instructions as to how to Section 4(c)(1). This is a non- cancelled after this time has elapsed, unless either post an order on the Order Book substantive amendment because the the member that submitted the original order bid/ask differentials may be as wide as has instructed the Exchange in writing to re- 4 See Securities Exchange Act Release Nos. 50100 the spread between the national best bid enter the remaining size, in which case the (July 27, 2004), 69 FR 46612 (August 3, 2004) (SR– and offer in the underlying security, if Phlx–2003–59); 55498 (March 20, 2007, 72 FR 3 See Securities Exchange Act Release No. 88213 14318 (March 27, 2007) (SR–Phlx–2007–15); 59995 rounding up it would cause the spread (February 14, 2020), 85 FR 9859 (February 20, 2020) (May 28, 2009), 74 FR 26750 (June 3, 2009) (SR– to be wider than the underlying spread, (SR–Phlx–2020–03) (‘‘Notice of Filing and Phlx–2009–32); and 72152 (May 12, 2014), 79 FR so rounding is superfluous. Immediate Effectiveness of Proposed Rule Change 28561 (May 16, 2014) (SR–Phlx–2014–32). To Relocate Rules From Its Current Rulebook Into 5 Options 5, Section 4 describes the various Its New Rulebook Shell’’). options routing functionalities available on Phlx.

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or cancel back an order after exhausting ‘‘ROTs’’ with ‘‘Market Makers’’ and will be met, at which time that Public its potential to trade upon entry. replace ‘‘Specialists’’ with ‘‘Lead Market Customer All-or-None Order will have The final sentence of Options 3, Makers’’ within Options 3, Section 7 to priority over other orders on the Book. Section 6(a)(ii)(B)(2)(g)(iv)(A)(4),6 which conform to the remainder of the The Exchange believes the addition of is being removed, is no longer relevant Rulebook.8 this rule text will bring greater in this scenario as the ten second period The Exchange proposes to amend All- transparency to the current System does not exist. or-None Orders within Options 3, handling of All-or-None Orders. The Exchange proposes to amend Section 7(b)(5) to add more language to The Exchange proposes to amend current Options 3, Section the description of an All-or-None Order Options 3, Section 7(c)(3), ‘‘Opening 6(a)(ii)(B)(4)(a), which states, ‘‘If there to bring greater transparency to this are no offers both on the Exchange and order type. Today, the Exchange Only,’’ to correct incorrect rule text, and on away markets in the affected series, provides that All-or-None Orders are also add a clarifying sentence. Today, Market Orders to buy in the affected non-displayed and non-routable. To Options 3, Section 7(c)(3) provides, ‘‘An series will be cancelled immediately, expand on this notion, the Exchange Opening Only (‘‘OPG’’) order is entered and an electronic report of such proposes to amend the sentence to with a Time in Force (‘‘TIF’’) of ‘‘OPG’’. cancellation will be transmitted to the provide, ‘‘All-or-None Orders are non- This order can only be executed in the sender.’’ The Exchange proposes to routable. The Exchange does not Opening Process pursuant to Options 3, replace ‘‘cancelled immediately’’ with disseminate bids or offers of All-or- Section 8. This order type is not subject the term ‘‘rejected’’ to conform the rule None Orders to OPRA and the Top of to any protections listed in Options 3, text to conform to other uses of the word PHLX Options feed, however All-or- Section 15, except for Automated rejected in the Rulebook. The System None Orders are displayed in the PHLX Quotation Adjustments.’’ The Exchange would reject and not accept the order in Orders 9 and PHLX Depth of Book 10 proposes to remove the phrase ‘‘except this case. feed.’’ This additional rule text will for Automated Quotation Adjustments’’ Finally, the Exchange proposes to make clear that these order types are not because, today, an OPG order is not amend Supplementary Material .02 to disseminated on OPRA or the Top of subject to Automated Quotation Options 3, Section 6 which states, ‘‘In PHLX Options feed, however All-or- Adjustments. As provided for within the event that an SQT, RSQT, and/or None Orders are displayed in the PHLX Options 3, Section 15(c), Automated Lead Market Maker’s electronically Orders and PHLX Depth of Book feed.11 Quotation Adjustments protections are submitted quotations interact with the Further, the Exchange proposes to add, available to Market Makers and Lead electronically submitted quotations of ‘‘If an All-or-None Order contingency Market Makers only. Any participant other SQTs, RSQTs and/or the Lead cannot be met, the All-or-None Order may enter an Opening Only Order. Market Maker, resulting in the would be bypassed until such time as Typically Market Makers and Lead dissemination of a ‘‘locked’’ quotation the contingency could be met.’’ This Market Makers submit Valid Width 12 (e.g., $1.00 bid–1.00 offer), the locked language is intended to make clear that Quotes, as provided for within quotations will automatically execute an All-or-None Order will not cause Options 3, Section 8, during the against each other in accordance with other orders to queue until such time as Opening Process. Further, an Opening 13 the allocation algorithm set forth in the All-or-None Order may execute. Sweep, which is utilized by Market Options 3, Section 10.’’ The phrase, Rather, the All-or-None Order will rest ‘‘resulting in the dissemination of a on the Order Book until the contingency 12 A Valid Width Quote is a two-sided electronic ‘‘locked’’ quotation (e.g., $1.00 bid–1.00 quotation submitted by a Phlx Electronic Market offer)’’ is out of date as under the Maker that meets the following requirements: 8 See note 3 above. Options on equities and index options bidding and/ current Options Order Protection and 9 See Phlx Options 3, Section 23(a)(2). PHLX or offering so as to create differences of no more Locked/Crossed Market Plan,7 the Orders is a real-time full Limit Order book data feed than $.25 between the bid and the offer for each Exchange would not disseminate a that provides pricing information for orders on the option contract for which the prevailing bid is less locked quotation. Rather, the Exchange PHLX Limit Order book. PHLX Orders is currently than $2; no more than $.40 where the prevailing bid provided as part of the TOPO Plus Orders data is $2 or more but less than $5; no more than $.50 would reprice its quote as described product. PHLX Orders provides real-time where the prevailing bid is $5 or more but less than within Options 3, Section 4(b)(6). As a information to enable users to keep track of the $10; no more than $.80 where the prevailing bid is result, the Exchange proposes to delete single order book(s), single and Complex Orders, $10 or more but less than $20; and no more than this rule text. The Exchange believes and Complex Order Live Auction (‘‘COLA’’) for all $1 where the prevailing bid is $20 or more, symbols listed on Phlx. The data provided for each provided that, in the case of equity options, the bid/ that this rule text existed prior to the options series includes the symbols (series and ask differentials stated above shall not apply to in- Locked and Crossed Market Plan and underlying security), put or call indicator, the-money series where the market for the was not updated when the new plan expiration date, the strike price of the series, leg underlying security is wider than the differentials came into existence. information on complex strategies and whether the set forth above. For such series, the bid/ask option series is available for trading on Phlx and differentials may be as wide as the quotation for the Options 3, Section 7 identifies if the series is available for closing underlying security on the primary market, or its transactions only. decimal equivalent rounded down to the nearest Similar to the changes proposed 10 See Phlx Options 3, Section 23(a)(3). PHLX minimum increment. The Exchange may establish within Options 2, Section 6, the Depth of Market is a data product that provides: (i) differences other than the above for one or more Exchange proposes to replace the term Order and quotation information for individual series or classes of options. See Options 3, Section ‘‘Registered Options Traders’’ or quotes and orders on the PHLX book; (ii) last sale 8(a)(ix). information for trades executed on Phlx; (iii) 13 An Opening Sweep is a one-sided order entered auction; and (iv) an Imbalance Message which by a Specialist or ROT through SQF for execution 6 During this up to ten second period, the System includes the symbol, side of the market, size of against eligible interest in the System during the will disseminate, on the opposite side of the market matched contracts, size of the imbalance, and price Opening Process. This order type is not subject to from remaining unexecuted contracts: (i) A non- of the affected series. The data provided for each any protections listed in Options 3, Section 15, firm bid for the price and size of the next available options series includes the symbols (series and except for Automated Quotation Adjustments. The bid(s) on the Exchange if the remaining size is a underlying security), put or call indicator, Opening Sweep will only participate in the seller, or (ii) a non-firm offer for the price and size expiration date, the strike price of the series, and Opening Process pursuant to Options 3, Section 8 of the next available offer(s) on the Exchange if the whether the option series is available for trading on and will be cancelled upon the open if not remaining size is a buyer. Phlx and identifies if the series is available for executed. See Options 3, Section 7(b)(6). This 7 See Securities Exchange Act Release No. 60405 closing transactions only. definition is being amended herein to update the (July 30, 2009), 74 FR 39362 (August 6, 2009) (File 11 The Exchange discusses these data feeds in terms Specialist and ROT to Lead Market Maker No. 4–546). more detail below. and Market Maker.

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Makers and Lead Market Makers, is will occur at prices that improve the stop The Exchange proposes to add some protected by Automation Quotation price, and then at the stop price with up to context to the rule to better reflect the Adjustments. The Exchange also 40% of the remaining contracts after Public current System operation. First, the proposes to note that OPG orders may Customer interest is satisfied being allocated Exchange purposes to add the word to the Initiating Member at the stop price. ‘‘execution’’ in the first sentences of not route. Both of these amendments However, if only one other participant represent current System functionality. matches the stop price, then the Initiating Options 3, Section 13 (b)(7) and (8). The This additional information is proposed Member may be allocated up to 50% of the execution price of the PIXL Auction is to bring greater clarity to this TIF. contracts executed at such price. Remaining utilized to compare to the price of an order on the Limit Order book. The Options 3, Section 10 contracts shall be allocated pursuant to the algorithm set forth in Options 3, Section Exchange utilizes the execution price The Exchange proposes to make a 10(a)(1)(G) among remaining quotes, orders today on Phlx. Adding the word grammatical correction to Options 3, and PAN responses at the stop price. ‘‘execution’’ makes clear to members Section 10 which is non-substantive. Thereafter, remaining contracts, if any, shall that the initial PIXL Order stop price is be allocated to the Initiating Member. The not utilized to compare the same side of Options 3, Section 13 allocation will account for Surrender, if applicable. the market transactions at execution. If The Exchange proposes to update the potential execution price of the PIXL incorrect rule references within Options Options 3, Section 10 considers All- Order would be the same or better than 3, Section 13. Or-None Orders that can be satisfied. the price of an order on the Limit Order The Exchange proposes to amend This proposal clarifies the current book on the same side of the market as various references within Options 3, System operation. the PIXL Order then, today, the PIXL Section 13 to make clear the manner in The Exchange also proposes to add Order would be executed at a price which All-Or-None Orders 14 are treated rule text, within Options 3, Section within a PIXL Auction. Specifically, the $0.01 better than such limit order, 13(f), to provide that with respect to a regardless of whether such limit was a Exchange proposes to make clear that PIXL Order for the account of a Public the term ‘‘Reference BBO,’’ as described Public or Non-Public Customer Order. Customer that is paired with an order Second, while the phrase ‘‘or better’’ is within Options 3, Section 13(a)(2), for the account of another Public describes displayed and non-displayed not clearly specified in the rule text, Customer, that All-or-None Orders that today, the System captures cases where orders, however, All-Or-None Orders can be satisfied are included within the are not considered. The Exchange does PAN responses provide price Reference BBO. The Exchange considers improvement for the PIXL Order at not consider All-Or-None Orders, until All-Or-None Orders when checking the the order is being allocated because the prices that are crossed with the same Order Book for other Public Customer side interest mentioned above. Third, System is unable to determine whether Orders. The proposed rule text within an All-Or-None Order can be satisfied the remainder of the changes are Options 3, Section 13(f) clarifies the grammatical and technical in nature. until the System receives responses to current System operation. The addition the PIXL Order and is able to allocate The Exchange is creating two separate of ‘‘including Reference BBO’’ is sentences for readability. the PIXL Order. The Exchange proposes necessary with respect to Complex to add rule text to make clear where the The remainder of the proposed Orders because a Complex Public changes within Options 3, Section 13 Reference BBO or the Reference Customer-to-Public Customer Cross cPBBO 15 is mentioned, whether All-Or- are grammatical or technical in nature Order cannot trade equal to or through and therefore non-substantive. None Orders are included or excluded. a non-displayed price. The Complex With respect to PIXL entry checks and, Public Customer-to-Public Customer Options 3, Section 15 thereafter, the treatment of auction Cross Order would be rejected if the The Exchange proposes to amend responses, All-Or-None Orders are not result were that it would trade at a price Options 3, Section 15(c)(1) to make clear considered for price checks. The equal to or through the cPBBO. that the Anti-Internalization Exchange does consider All-Or-None The Exchange proposes to note functionality does not apply during the Orders for allocation purposes. Options ‘‘including Reference BBO’’ within Opening Process described within 3, Section 13(a)(5)(B)(i), which is not Options 3, Section 13(b)(2)(C) and 13(f) Options 3, Section 8. A similar change proposed to be amended, provides, to conform the rule text throughout the was recently made to BX’s Rules.16 The If the Initiating Member selected the single rule. These amendments represent Exchange proposes to clarify that Anti- stop price option of the PIXL Auction (except current System operation. The Internalization does not apply during an if it is a Complex Order), PIXL executions Reference BBO also pertains to Complex Opening Process or reopening following Orders because the cPBBO is derived a trading halt, pursuant to Options 3, 14 Options 3, Section 7(b)(5) provides, ‘‘An All-or- from displayed quotes for the individual None Order is a Limit Order or Market Order that Section 8, to provide more specificity on is to be executed in its entirety or not at all. An All- legs. how this functionality currently or None Order may only be submitted by a Public These amendments are intended to operates. The same procedures used Customer. All-or-None Orders are non-displayed bring greater clarity to the during an Opening Process are used to and non-routable. All-or-None Orders are executed representation of All-Or-None Orders in price-time priority among all Public Customer reopen an option series after a trading orders if the size contingency can be met. The within this Rule. halt, and therefore proposes to specify Acceptable Trade Range protection in Options 3, The Exchange proposes to amend that Anti-Internalization will not apply Section 15(a) is not applied to All-Or-None Orders.’’ Options 3, Section 13 in various places during the Opening Process (i.e., the The Exchange is proposing to amend Options 3, to replace ‘‘one minimum price opening and halt reopening processes). Section 7(b)(5), please see discussion regarding All- improvement increment,’’ with ‘‘$0.01.’’ or-None Order on page 9. During the Opening Process, Lead 15 The term ‘‘cPBBO’’ means the best net debit or This amendment is non-substantive. Market Makers are able to observe the The Exchange proposes amendments credit price for a Complex Order Strategy based on primary market and then determine how the PBBO for the individual options components of to Options 3, Section 13(b)(7) and (8) to they would like to submit a Valid Width such Complex Order Strategy, and, where the clarify the rule text. The proposed underlying security is a component of the Complex Order, the National Best Bid and/or Offer for the amendments are non-substantive and 16 See Securities Exchange Act Release No. 89759 underlying security. See Options 3, Section are similar to amendments recently (September 3, 2020). 85 FR 55877 (September 10, 14(a)(iv). made to BX Options 3, Section 13(ii)(I). 2020) (SR–BX–2020–023).

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Quote. AIQ is unnecessary during an Options 3, Section 23 proposal, that only provides information Opening Process due to the high level The Exchange proposes to amend as to the displayed Order Book. The of control that Market Makers exercise Options 3, Section 23(a)(2) which Exchange does not disseminate All-or- over their quotes during this process. describes the PHLX Orders data feed. None Orders to either the Top of PHLX This clarifying rule text reflects current The proposed amendments represent Options feed or the OPRA data feed System functionality. the current information contained in the because All-or-None Orders may only The Exchange also proposes to amend PHLX Orders feed. The proposed execute if the contingency can be met, Options 3, Section 15 to note that with amendments are intended to better otherwise the System would bypass the Automated Quotation Adjustments all represent the information in the feed by All-or-None Order. As such, All-or- interest entered through SQF will be adding more description to the current None Orders are non-displayed to avoid automatically removed. As provided for rule text. locking or crossing away markets by within Options 3, Section 7(a)(i)(B), The Exchange proposes to note in the displaying this order type which may Specialized Quote Feed’’ or ‘‘SQF’’ is an first sentence of Options 3, Section not execute because of the contingency interface that allows Lead Market Makers, 23(a)(2) that PHLX Orders is a real-time attributed to the order pursuant to the Streaming Quote Traders (‘‘SQTs’’) and Options Order Protection and Locked/ full Limit Order book data feed that 21 Remote Streaming Quote Traders (‘‘RSQTs’’) provides pricing information for orders Crossed Plan. The Exchange does to connect, send, and receive messages display All-Or-None Orders on the related to quotes, Immediate-or-Cancel on the PHLX Order book for displayed order types and All-or-None Orders,17 as PHLX Orders data feed to inform market Orders, and auction responses into and from participants of orders that are available the Exchange. Features include the following: well as market participant capacity. All-or-None Orders are non-displayed for execution. Public Customers (1) Options symbol directory messages (e.g., submitting All-or-None Orders on Phlx underlying and complex instruments); (2) and non-routable. They are executed in system event messages (e.g., start of trading price-time priority among all Public desire their orders to be executed and hours messages and start of opening); (3) Customer Orders if the size contingency the display of those orders on the PHLX trading action messages (e.g., halts and can be met. All-or-None Orders have a Orders data feed allows other member resumes); (4) execution messages; (5) quote quantity contingency requiring the full organizations to see their orders are available to execute against those messages; (6) Immediate-or-Cancel Order quantity of the order to execute in order messages; (7) risk protection triggers and orders. for any trade to take place which may purge notifications; (8) opening imbalance Similar to Phlx, Cboe permits all-or- messages; (9) auction notifications; and (10) cause the order to not execute. If an All- none orders to rest in its order book and auction responses. The SQF Purge Interface or-None Order contingency cannot be does not disseminate all-or-none orders only receives and notifies of purge request met, the All-or-None Order would be to OPRA.22 Similar to Phlx, Cboe from the Lead Market Maker, SQT or RSQT. bypassed until such time as the displays all-or-none orders on its Orders Lead Market Makers, SQTs and RSQTs may 18 contingency could be met. The and Depth of Book feed.23 only enter interest into SQF in their assigned Exchange is proposing to amend the options series. The Exchange proposes to remove the rule text within Options 3, Section second use of the word ‘‘Limit’’, as it is Today, Quotes and Immediate-or- 7(b)(5) which describes All-or-None redundant. The additional text makes Cancel Orders that may be entered Orders to add more clarity about the clear that both displayed and non- through SQF are removed when the dissemination of All-or-None Orders displayed orders types and market Automated Quotation Adjustment risk and the manner in which the System participant capacity are available. mechanism is triggered. The current will bypass those orders if the 19 rule text only considers quotes entered contingency cannot be met. 21 17 CFR 242.608. The ‘‘NBBO’’ is the best through SQF. The amendment will The PHLX Orders data feed displays Protected Bid and Protected Offer as defined in the update the rule text to represent current all orders on the Phlx Order Book with Options Order Protection and Locked/Crossed Markets Plan; Protected Bids and Protected Offers System functionality, and will bring original information, this is in contrast that are displayed at a price but available on the 20 greater clarity to Automated Quotation to the Top of PHLX Options feed, Exchange at a better non-displayed price shall be removals. Market Makers and Lead which is not being amended by this included in the NBBO at their better non-displayed Market Makers utilize the Immediate-or- price for purposes of this rule. See Reg. NMS Rule 600(a)(42). Options 5, Section 1(o) defines a 17 See note 14 above. Cancel Orders within SQF to respond to ‘‘Protected Bid’’ or ‘‘Protected Offer’’ as a Bid or 18 auctions. The auction response requires Options 3, Section 7(b)(5)(i) provides, ‘‘Non- Offer in an options series, respectively, that: (i) Is Displayed Contingency Orders. A Non-Displayed disseminated pursuant to the OPRA Plan; and (ii) is the same protection afforded by the Contingency Order shall be defined to include the Automation Quotation Adjustments the Best Bid or Best Offer, respectively, displayed following non-displayed order types: (1) Stop by an Eligible Exchange. which it affords the underlying option Orders; and (2) All-or-None Orders.’’ Unlike All-or- 22 Cboe Rule 5.6(b) provides, ‘‘. . . An ‘‘All-or- in which the Market Maker or Lead None Orders, Stop Orders are not available for None’’ or ‘‘AON’’ order is an order to be executed execution until such time as the Stop Order’s in its entirety or not at all. An AON order may be Market Maker is quoting continuously contingency has been met, therefore, Stop Orders among its assigned options classes. The a market or limit order. Users may not designate an are not displayed on data feeds or OPRA until the AON order as All Sessions. (1) The Exchange does Automation Quotation Adjustments Stop Order is available for execution. not disseminate bids or offers of AON orders to protection removes both quotes and 19 See proposed Options 3, Section 7(b)(5). OPRA. (2) A User may not designate an AON order Immediate-or-Cancel Orders submitted 20 Top of PHLX Options (‘‘TOPO’’) is a direct data as Post Only. (3) An AON limit order is always through SQF because Market Maker and feed product that includes the Exchange’s best bid subject to the Price Adjust process as set forth in and offer price, with aggregate size, based on Rule 5.32. (4) A User may apply MCN (as defined Lead Market Maker risk applies to all displayable order and quoting interest on Phlx and below), but no other MTP Modifier (if a User interest in the underlying option in last sale information for trades executed on Phlx. applies any other MTP Modifier to an AON order, which the Market Maker or Lead Marker The data contained in the TOPO data feed is the System handles it as an MCN), to an AON order. identical to the data simultaneously sent to the (5) The Exchange may restrict the entry of AON Maker is assigned to quote in processor for the OPRA and subscribers of the data orders in a series or class if the Exchange deems it throughout the trading day. Market feed. The data provided for each options series necessary or appropriate to maintain a fair and Makers and Lead Marker Makers includes the symbols (series and underlying orderly market. (6) A User may not designate a bulk measure risk per underlying option. The security), put or call indicator, expiration date, the message as AON.’’ System functionality for the Automated strike price of the series, and whether the option 23 See Section 4.5 of this specification: https:// series is available for trading on Phlx and identifies cdn.cboe.com/resources/membership/US_ Quotation Adjustment is not being if the series is available for closing transactions EQUITIES_OPTIONS_MULTICAST_PITCH_ amended. only. See Options 3, Section 23(a)(1). SPECIFICATION.pdf.

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The second sentence is being triggered,24 the All-or-None Order is (a) Options transactions on the Exchange’s amended to add ‘‘and complex’’ in lieu available for execution once the Trading Floor shall be executed in one of the of ‘‘single and Complex Orders, and contingency is met. This proposed following ways: Complex Order Live Auction (‘‘COLA’’) amendment reflects current System (1) automatically by the Exchange Trading for all symbols listed on Phlx. The operation. System as provided in applicable Exchange Rules; sentence, as proposed, would state, Options 8, Section 2 (2) through the Options Floor Based ‘‘PHLX Orders is currently provided as Management System. Members authorized to part of the TOPO Plus Orders data The Exchange proposes to add a operate on the floor are not permitted to product. PHLX Orders provides real- sentence within Options 8, Section 2(a) execute orders in the Exchange’s options time information to enable users to keep which provides ‘‘The following terms as trading crowd, except as follows: track of the single and complex order used in the Rules shall, unless the (A) The Exchange may determine to permit book(s).’’ The Exchange believes the context otherwise indicates, have the executions otherwise than in accordance proposed sentence is more succinct. meanings herein specified:’’. The with subparagraphs (1) and (2) above Finally, the Exchange proposes to add Exchange proposes this sentence for respecting an option or all options in the a sentence to the end of the description context to the information which event of a problem with Exchange systems. of PHLX Order feed that provides, ‘‘The follows thereafter. This is a non- (B) In addition, members can execute orders in the options trading crowd pursuant feed also provides auction and exposure substantive change. The Exchange proposes to add a new to Options 8, Section 33, Accommodation notifications and order imbalances on Transactions (cabinet trades), and Options 8, opening/reopening (size of matched defined term, ‘‘Floor Lead Market Section 34, FLEX Equity, Index and Currency contracts and size of the imbalance).’’ Maker.’’ This defined term will bring Options. This additional information will more greater clarity to the Options 8 rules. (C) Multi-leg orders with more than 15 legs clearly describe the PHLX Orders feed. The Exchange proposes to state, ‘‘The can be executed in the trading crowd. The Exchange also proposes to add the term ‘Floor Lead Market Maker’ is a (D) The following split price orders that, same sentence to the end of the member who is registered as an options due to FBMS system limitations, require description for the PHLX Depth of Lead Market Maker pursuant to Options manual calculation: Market feed within Options 3, Section 2, Section 12(a) and has a physical (i) Simple orders not expressed in the applicable minimum increment (‘‘sub-MPV’’) 23(a)(3) to also add the same specificity presence on the Exchange’s trading floor.’’ This term is currently utilized and that cannot be evenly split into two to that feed. The additional sentence whole numbers to create a price at the reflects the current information within the Options 8 rules. midpoint of the minimum increment; and (ii) provided in both the PHLX Orders and The Exchange proposes to add the complex and multi-leg orders with at least PHLX Depth of Market feeds. word ‘‘Organization’’ within Options 8, one option leg with an odd-numbered The removal of the word ‘‘PHLX’’ Section 2(a)(5). The word was volume that must trade at a sub-MPV price within Options 3, Section 23(a)(3) and inadvertently left out. This is not a or one leg that qualifies under (i) above. addition of the word ‘‘order’’ are non- substantive change. The term ‘‘Member (E) As set forth in Options 8, Section substantive technical amendments. Organization’’ is a defined term within 29(e)(v), members may use the Snapshot General 1, Section 1(17). feature of the Options Floor Based Options 5, Section 4 Management System to provisionally execute Options 8, Section 32 The Exchange proposes to amend the orders in the options trading crowd. sixth sentence of Options 5, Section 4(a) The Exchange proposes to amend * * * * * and make some technical amendments. Options 8, Section 32 to add ‘‘FLEX Today, FLEX Options are executed in As proposed, the sentence would Option’’ to the list of order types that open outcry on the Trading Floor and provide, ‘‘For purposes of this rule, the are available on Phlx. The Exchange not through the Options Floor Broker Phlx’s best bid or offer or ‘‘PBBO’’ does proposes to provide that a FLEX Option Management System as provided for not include All-or-None Orders or Stop is as described within Options 8, within Options 8, Section 22(a)(1)(B).26 Orders which have not been triggered. Section 34. Further, FLEX Options are The Exchange believes that the addition The ‘‘internal PBBO’’ shall refer to the not eligible for entry by a member for of FLEX Options within Options 8, actual better price of an order resting on execution through the Options Floor Section 34 will make clear the order Based Management System (‘‘FBMS’’).25 Phlx’s Order Book, which is not types that are available for execution on Phlx Options 8, Section 22 provides, displayed, but available for execution, the Trading Floor and also clearly note excluding Stop Orders which have not been triggered and All-or-None Orders 24 Stop orders are inactive until they are ‘‘elected.’’ Stop orders are elected when either the 26 The Exchange has previously noted that FLEX which cannot be satisfied.’’ Stop Orders bid (offer) is updated to a price equal to or greater may be executed manually. See Securities and must be triggered to be included in the (less) than the stop price of a Buy (Sell) Stop order Exchange Act Release No. 69471 (April 29, 2013), internal PBBO. A Stop Order is not or an execution on the Exchange occurs at a price 78 FR 26096 (May 3, 2013) (SR–Phlx–2013–09). The available until such time as its equal to or greater (less) than the stop price of a rule change noted that FLEX orders will continue Buy(Sell) stop order. Stop order election takes place to be executable by Floor Brokers in the trading contingency is trigged and then that at the end of the transaction that caused the election crowd, rather than through FBMS because FBMS Stop Order becomes available for and at that time the stop order enters the book as will not be able to accept FLEX orders, which have execution. Also, the Exchange a new market or limit order depending on the varied and complicated terms. Further, the inadvertently did not include the participant instructions. Stop orders that are Exchange requires floor brokers or their employees ‘‘electable’’ upon entry are rejected. to enter the certain data elements into the phrase, ‘‘which cannot be satisfied’’ 25 FBMS, an order management system, is the Exchange’s electronic audit trail in the same when referencing All-or-None Orders gateway for the electronic execution of equity, electronic format as the required information for within Options 5, Section 4. The equity index and U.S. dollar-settled foreign equity and index options. Floor brokers or their limitation is noted in other places currency option orders represented by Floor employees must enter the required information for Brokers on the Exchange’s Options Floor. Floor FLEX Options into the electronic audit trail on the within this rule. An All-or-None Order Brokers contemporaneously upon receipt of an same business day that a specific event surrounding contingency must be met for this order order and prior to the representation of such an the lifecycle of an order in FLEX (including, type to execute, otherwise it will be order in the trading crowd, record all options orders without limitation, orders, price or size changes, executed at such time as the represented by such Floor Broker into FBMS, which execution or cancellation) occurs. See Securities creates an electronic audit trail. The execution of and Exchange Act Release No. 50997 (January 7, contingency could be met. Unlike the orders into Phlx’s electronic trading system also 2005), 70 FR 2444 (January 3, 2013) (SR–Phlx– Stop Order which is only available once occurs via FBMS. 2003–40). See also Options 8, Section 28(f).

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that this order type is not eligible for its limit price on the Order Book after Options 3, Section 7 FBMS. routing after it is executed with quotes Similar to the changes proposed at the away exchange. Any unexecuted 2. Statutory Basis within Options 2, Section 6, the contracts which return to the Exchange Exchange’s proposal to replace the term The Exchange believes that its may post at their original limit price ‘‘Registered Options Traders’’ or proposal is consistent with Section 6(b) with a new timestamp, subject to certain ‘‘ROTs’’ with ‘‘Market Makers’’ and of the Act,27 in general, and furthers the entry checks. Order entry checks are 28 replace ‘‘Specialists’’ with ‘‘Lead Market objectives of Section 6(b)(5) of the Act, applied for new orders when they post Makers’’ within Options 3, Section 7 in particular, in that it is designed to to the Order Book as provided for in conforms the usage of these terms promote just and equitable principles of Phlx Options 3, Section 5(a)(4). This within Phlx’s Rulebook.31 These non- trade and to protect investors and the proposed rule text protects investors substantive amendments which update public interest. and the general public because it will outdated terms within Options 3, Options 1, Section 1 provide market participants with an Section 7 is consistent with the Act. expectation of how the System will The Exchange’s proposal to amend The Exchange’s proposal to update handle orders that remain unexecuted All-or-None Orders within Options 3, the cross reference within Options 1, in this scenario. The proposed Section 7(b)(5) to add more language to Section 1(b)(46), and make other amendment provides the market the description of an All-or-None Order grammatical amendments within participant with greater certainty as to is consistent with the Act because the Options 1, Section 1 are non- the order. Further, the Exchange offers proposed rule text will bring greater substantive. market participants various options transparency to this order type. The Options 2, Section 4 with respect to routing. A market Exchange today provides that All-or- participant may elect to route as a FIND The Exchange’s proposal to add a title None Orders are non-displayed and or SRCH Order which provides the to Options 2, Section 4(c)(1) to make non-routable. To expand on this notion, Exchange with instructions as to how an clear that this section applies intra-day the Exchange proposes to amend the order may route anew once posted on is consistent with the Act because it will sentence to provide, ‘‘All-or-None the Order Book.30 A market participant bring greater clarity to the rule text. Orders are non-routable. The Exchange The Exchange’s proposal to remove may also choose to submit an order with does not disseminate bids or offers of the phrase, ‘‘or its decimal equivalent varying TIF options (e.g., DAY, IOC, All-or-None Orders to OPRA and the rounded down to the nearest minimum GTC) that provide the Exchange Top of PHLX Options feed, however increment’’ within Options 2, Section instructions as to how to either post an All-or-None Orders are displayed in the 4(c)(1) is a non-substantive amendment order on the Order Book or cancel back PHLX Orders and PHLX Depth of Book because the bid/ask differentials may be an order after exhausting its potential to feed.’’ This additional rule text will as wide as the spread between the trade upon entry. Further, this make clear that these order types are not national best bid and offer in the amendment provides more liquidity on disseminated on OPRA. Further, the underlying security, if rounding up it the Exchange with the order posting to Exchange proposes to add, ‘‘If an All-or- would cause the spread to be wider than the Order Book, instead of potentially None Order contingency cannot be met, the underlying spread, so rounding is being cancelled after a 10 second the All-or-None Order would be superfluous. period. bypassed until such time as the The Exchange’s proposal to amend contingency could be met.’’ This Options 2, Section 6 current Options 3, Section language is intended to make clear that The Exchange’s proposal to update 6(a)(ii)(B)(4)(a), to replace the term an All-or-None Order will not cause certain terms within Options 2, Section ‘‘cancelled immediately’’ with other orders to queue until such time as 6, which conforms with a previously ‘‘rejected’’ conforms the rule text to the All-or-None Order may execute. filed rule change,29 is consistent with other uses of the word rejected within Rather, the All-or-None Order will rest the Act. The updates to change the the Rulebook. This amendment is non- on the Order Book until the contingency will be met, at which time that Public names of the terms are non-substantive. substantive. Customer All-or-None Order will have Options 3, Section 6 Finally, the Exchange’s proposal to priority over other orders on the Book. The Exchange’s proposal to amend amend Supplementary Material .02 to The Exchange believes the addition of Options 3, Section 6 to re-number and Options 3, Section 6 to remove the this rule text will bring greater re-letter the rule to conform to Phlx’s phrase, ‘‘resulting in the dissemination transparency to the current System rule structure, update rule citations, and of a ‘‘locked’’ quotation (e.g., $1.00 handling of All-or-None Orders. add spacing where necessary are non- bid—1.00 offer)’’ is consistent with the The Exchange’s proposal to amend substantive amendments. Act. This phrase is out of date as under Options 3, Section 7(c)(3), ‘‘Opening The Exchange’s proposal to amend the current Locked and Crossed Market Only,’’ to correct incorrect rule text, and current Options 3, Section Plan, the Exchange would not also add a clarifying sentence, is 6(a)(ii)(B)(2)(g)(iv)(A)(4) is consistent disseminate a locked quotation. Rather, consistent with the Act. Today, Options with the Act. While processing an order the Exchange would reprice its quote as 3, Section 7(c)(3) provides, ‘‘An that is working through Acceptable described within Options 3, Section Opening Only (‘‘OPG’’) order is entered Trade Ranges, if that order encounters a 4(b)(6). The Exchange believes that this with a TIF of ‘‘OPG’’. This order can situation where the Exchange’s next rule text existed prior to the Locked and only be executed in the Opening Process available price is the ABBO that also Crossed Market Plan and was not pursuant to Options 3, Section 8. This equals the outer limit of the Acceptable updated since that plan came into order type would continue to not be Trade Range, the order is able to post at existence. The amendment will protect valid outside of the Opening Process. investors and the general public by This order type is not subject to any 27 15 U.S.C. 78f(b). removing this inaccurate statement. protections listed in Options 3, Section 28 15 U.S.C. 78f(b)(5). 29 See note 3 above. 30 See note 5 above. 31 Id.

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15, except for Automated Quotation order is being allocated because the Options 3, Section 15 Adjustments.’’ The Exchange proposes System is unable to determine whether The Exchange’s proposal to amend to remove the phrase ‘‘except for an All-Or-None Order can be satisfied Options 3, Section 7(c)(3), ‘‘Opening Automated Quotation Adjustments’’ until the System receives responses to Only,’’ to correct incorrect rule text, and because, today, an OPG order is not the PIXL Order and is able to allocate also add a clarifying sentence is subject to Automated Quotation the PIXL Order. The Exchange proposes consistent with the Act. The Exchange’s Adjustments. The Exchange believes to add rule text to make clear where the proposal to remove the phrase ‘‘except that it is consistent with the Act to not Reference BBO or the Reference cPBBO for Automated Quotation Adjustments’’ apply any risk protections during the is mentioned, whether All-Or-None because, today, an OPG order is not Opening Process as the Opening Process Orders are included or excluded. With subject to Automated Quotation itself has boundaries within which respect to PIXL entry checks and, Adjustments. As provided for within orders will be executed. As provided for thereafter, the treatment of auction Options 3, Section 15(c), Automated within Options 3, Section 15(c), responses, All-Or-None Orders are not Quotation Adjustments protections are Automated Quotation Adjustments considered for price checks. The available to Market Makers and Lead protections are available to Market Exchange’s proposal protects investors Market Makers only. Any participant Makers and Lead Market Makers only. and the general public by considering may enter an Opening Only Order. Any participant may enter an Opening the contingency associated with an All- Typically Market Makers and Lead Only Order. Typically Market Makers Or-None Order when it can be Market Makers submit Valid Width and Lead Market Makers submit Valid determined if the All-Or-None Order Quotes, as provided for within Options Width Quotes, as provided for within can be satisfied based on allocation 3, Section 8, during the Opening Options 3, Section 8, during the priority and responses received to the Process. Further, an Opening Sweep, Opening Process. Further, an Opening PIXL Order. which is utilized by Market Makers and Sweep,32 which is utilized by Market The Exchange’s proposal to add rule Lead Market Makers, is protected by Makers and Lead Market Makers, is text, within Options 3, Section 13(f), to Automation Quotation Adjustments. protected by Automation Quotation provide that with respect to a PIXL Nasdaq BX, Inc. recently adopted a Adjustments. The Exchange’s proposal Order for the account of a Public similar rule.34 This proposal represent to note that OPG orders may not route Customer that is paired with an order current System functionality. will bring greater transparency to the for the account of another Public The Exchange’s proposal to note that rule. Customer, that All-Or-None Orders that OPG orders may not route is consistent can be satisfied are included within the with the Act. This additional Options 3, Section 10 Reference BBO is consistent with the information will bring greater clarity to The Exchange’s proposal to make a Act. Today, Phlx does consider All-Or- this TIF. This proposal represent current grammatical correction to Options 3, None Orders when checking the Order System functionality. Section 10 is non-substantive. Book for other Public Customer Orders. The Exchange’s proposal to amend Options 3, Section 15(c)(1) to make clear Options 3, Section 13 The proposed rule text within Options 3, Section 13(f) clarifies the current that the Anti-Internalization The Exchange’s proposal to update System operation. Specifically, the functionality does not apply during the certain rule references within Options 3, addition of ‘‘including Reference BBO’’ Opening Process described within Section 13 is non-substantive. is necessary with respect to Complex Options 3, Section 8 is consistent with The Exchange’s proposal to amend Orders because a Complex Public the Act. Anti-Internalization will not various references within Options 3, Customer-to-Public Customer Cross apply during an Opening Process is Section 13 to make clear the manner in Order cannot trade equal to or through consistent with the Act as it would which All-Or-None Orders are treated a non-displayed price. The Complex provide more specificity on how this within a PIXL Auction is consistent Public Customer-to-Public Customer functionality currently operates. During with the Act as this rule text will bring Cross Order would be rejected if the the Opening Process, Lead Market greater clarity to the current System result were that it would trade at a price Makers are able to observe the primary operation. All-or None Orders are Limit equal to or through the cPBBO. market and then determine how they Orders or Market Orders that are to be The Exchange’s proposal to amend would like to quote. Anti-Internalization executed in their entirety or not at all, Options 3, Section 13 in various places is unnecessary during an Opening 33 and are non-displayed. The term to replace ‘‘one minimum price Process due to the high level of control ‘‘Reference BBO,’’ as described within improvement increment,’’ with ‘‘$0.01’’ that Lead Market Makers exercise over Options 3, Section 13(a)(2), describes is a non-substantive amendment. their quotes during this process. A similar change was recently made to displayed and non-displayed orders, The Exchange’s proposed BX’s Rules.35 however, All-Or-None Orders are not amendments to Options 3, Section considered. Today, the System does not 13(b)(7) and (8) are consistent with the Options 3, Section 23 consider All-Or-None Orders, until the Act because they clarify the current rule The Exchange’s proposal to amend text by adding ‘‘or better’’ to make clear 32 An Opening Sweep is a one-sided order entered Options 3, Section 23(a)(2), which by a Specialist or ROT through SQF for execution that the execution price may be better describes the PHLX Orders data feed, is against eligible interest in the System during the than an order on the Limit Order Book. consistent with the Act. All-or-None Opening Process. This order type is not subject to Today, this is the case. This context Orders are non-displayed and non- any protections listed in Options 3, Section 15, reflects the current System operation. except for Automated Quotation Adjustments. The routable. They are executed in price- Opening Sweep will only participate in the Similar amendments were made Opening Process pursuant to Options 3, Section 8 recently made to BX Options 3, Section 34 See Securities Exchange Act Release No. 89731 and will be cancelled upon the open if not 13(ii)(I). (September 1, 2020), 85 FR 55524 (September 8, executed. See Options 3, Section 7(b)(6). This The remainder of the proposed 2020) (SR–BX–2020–016) (Order Approving definition is being amended herein to update the Proposed Rule Change To Amend BX’s Opening terms Specialist and ROT to Lead Market Maker changes within Options 3, Section 13 Process in Connection With a Technology and Market Maker. are grammatical or technical in nature Migration). 33 See Options 3, Section 7(b)(5). and therefore non-substantive. 35 See note 16 above.

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time priority among all Public displays all-or-none orders on its Depth will make clear the order types that are Customer Orders if the size contingency of Book feed.38 The proposed available for execution on the Trading can be met. All-or-None Orders have a amendments represent the current Floor. Today, FLEX Options are quantity contingency requiring the full information contained in the PHLX executed in open outcry on the Trading quantity of the order to execute in order Orders feed. The proposed amendments Floor and not through the Options Floor for any trade to take place which may are intended to add more description Broker Management System as provided cause the order to not execute. If an All- and bring greater clarity to the rule text. for within Options 8, Section 22B.40 or-None Order contingency cannot be Options 5, Section 4 B. Self-Regulatory Organization’s met, the All-or-None Order would be Statement on Burden on Competition bypassed until such time as the The Exchange’s proposal to amend contingency could be met. Options 5, Section 4(a) is consistent The Exchange does not believe that The PHLX Orders data feed displays with the Act as the proposal clarifies the the proposed rule change will impose all orders on the Phlx Order Book with definition of internal PBBO. Stop Orders any burden on competition not original information, this is in contrast must be triggered to be included in the necessary or appropriate in furtherance to the Top of PHLX Options feed, which internal PBBO. A Stop Order is not of the purposes of the Act. available until such time as its is not being amended by this proposal, Options 1, Section 1 that only provides information as to the contingency is trigged and then that displayed Order Book. The Exchange Stop Order becomes available for The Exchange’s proposal to update does not disseminate All-or-None execution. Also, the Exchange the cross reference within Options 1, Orders to either the Top of PHLX inadvertently did not include the Section 1(b)(46) and make other Options feed or the OPRA data feed phrase, ‘‘which cannot be satisfied’’ grammatical amendments within because All-or-None Orders may only when referencing All-or-None Orders Options 1, Section 1 does not impose an execute if the contingency can be met, within Options 5, Section 4. The undue burden on competition as these otherwise the System would bypass the limitation is noted in other places amendments are non-substantive. within this rule. An All-or-None Order All-or-None Order. As such, All-or- Options 2, Section 4 None Orders are non-displayed to avoid contingency must be met for this order locking or crossing away markets by type to execute, otherwise it will be The Exchange’s proposal to add a title displaying this order type which may executed at such time as the to Options 2, Section 4(c)(1) to make not execute because of the contingency contingency could be met. Unlike the clear that this section applies intra-day Stop Order which is only available once attributed to the order pursuant to the does not impose an undue burden on triggered,39 the All-or-None Order is Options Order Protection and Locked/ competition because it will bring greater available for execution once the Crossed Plan.36 The Exchange does clarity to the rule text. contingency is met. This proposed display All-Or-None Orders on the The Exchange’s proposal to remove amendment reflects current System PHLX Orders data feed to inform market the phrase, ‘‘or its decimal equivalent operation. participants of orders that are available rounded down to the nearest minimum for execution. Public Customers Options 8, Section 2 increment’’ within Options 2, Section submitting All-or-None Orders on Phlx 4(c)(1) does not impose an undue The Exchange’s proposal to add a new burden on competition. This is a non- desire their orders to be executed and defined term, ‘‘Floor Lead Market the display of those orders on the PHLX substantive amendment because the Maker’’ is consistent with the Act and bid/ask differentials may be as wide as Orders data feed allows other member will bring greater clarity to the Options organizations to see their orders are the spread between the national best bid 8 rules. This term is currently utilized and offer in the underlying security, if available to execute against those within the Options 8 rules. orders. rounding up it would cause the spread The Exchange’s proposal to add an to be wider than the underlying spread, Similar to Phlx, Cboe permits all-or- introductory sentence within Options 8, so rounding is superfluous. none orders to rest in its order book and Section 2(a) is a non-substantive does not disseminate all-or-none orders amendment which will bring greater Options 2, Section 6 to OPRA.37 Similar to Phlx, Cboe clarity to the rule text. The addition of The Exchange’s proposal to update the word ‘‘Organization’’ within certain terms within Options 2, Section 36 17 CFR 242.608. Pursuant to Section 6 of the Options 8, Section 2(a)(5) will correct 6 conform the rule with the use of terms Plan, Locked and Crossed Markets, The Participants the rule text to provide for a defined agree that they shall establish, maintain and enforce in the Rulebook 41 and does not impose written rules that: (a) Require their members term. an undue burden on competition. These reasonably to avoid displaying Locked and Crossed changes are non-substantive. Markets; (b) Are reasonably designed to assure the Options 8, Section 32 reconciliation of Locked and Crossed Markets; and The Exchange’s proposal to amend Options 3, Section 6 (c) Prohibit its members from engaging in a pattern Options 8, Section 32 to add ‘‘FLEX or practice of displaying Locked and Crossed The Exchange’s proposal to amend Option’’ to the list of order types that Markets; in all cases subject to such exceptions as Options 3, Section 6 to re-number and may be contained in the rules of a Participant are available on Phlx is consistent with re-letter the rule to conform to Phlx’s approved by the Commission. the Act because the addition of FLEX 37 rule structure, update rule citations, and Cboe Rule 5.6(b) provides, ‘‘. . . An ‘‘All-or- Options within Options 8, Section 34 None’’ or ‘‘AON’’ order is an order to be executed add spacing where necessary does not in its entirety or not at all. An AON order may be impose an undue burden on (5) The Exchange may restrict the entry of AON a market or limit order. Users may not designate an competition as these amendments are AON order as All Sessions. (1) The Exchange does orders in a series or class if the Exchange deems it not disseminate bids or offers of AON orders to necessary or appropriate to maintain a fair and non-substantive. OPRA. (2) A User may not designate an AON order orderly market. (6) A User may not designate a bulk The Exchange’s proposal to amend as Post Only. (3) An AON limit order is always message as AON.’’ current Options 3, Section 38 subject to the Price Adjust process as set forth in See Section 4.5 of this specification. https:// 6(a)(ii)(B)(2)(g)(iv)(A)(4) does not Rule 5.32. (4) A User may apply MCN (as defined cdn.cboe.com/resources/membership/US_ below), but no other MTP Modifier (if a User EQUITIES_OPTIONS_MULTICAST_PITCH_ applies any other MTP Modifier to an AON order, SPECIFICATION.pdf. 40 See note 25 above. the System handles it as an MCN), to an AON order. 39 See note 24 above. 41 See note 3 above.

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impose an undue burden on This additional rule text will make clear competition as this rule text will bring competition as this proposal will correct that these order types are not greater clarity to the current System the rule text within Options 3, Section disseminated on OPRA. Further, the operation. All market participants will 6, and provide market participants with Exchange proposes to add, ‘‘If an All-or- be treated in a uniform manner when the expected outcome in this scenario. None Order contingency cannot be met, they enter an All-Or-None Order into The proposed amendment provides the the All-or-None Order would be PIXL. market participant with greater certainty bypassed until such time as the The Exchange’s proposal to add rule as to the order. Further, the Exchange contingency could be met.’’ This text, within Options 3, Section 13(f), to offers market participants various language is intended to make clear that provide that with respect to a PIXL options with respect to routing and time an All-or-None Order will not cause Order for the account of a Public in force. A market participant may elect other orders to queue until such time as Customer that is paired with an order to route as a FIND or SRCH Order which the All-or-None Order may execute. for the account of another Public provides the Exchange with instructions Rather, the All-or-None Order will rest Customer, that All-Or-None Orders that as to how an order may route anew once on the Order Book until the contingency can be satisfied are included within the posted on the Order Book.42 A market will be met, at which time that Public Reference BBO does not impose an participant may also choose to submit Customer All-or-None Order will have undue burden on competition. The an order with varying TIF options (e.g., priority over other orders on the Book. proposed rule text within Options 3, DAY, IOC, GTC) that provide the The Exchange believes the addition of Section 13(f) clarifies the current Exchange instructions as to how to this rule text will bring greater System operation. The Reference BBO either post an order on the Order Book transparency to the current System also pertains to Complex Orders because or cancel back an order after exhausting handling of All-or-None Orders. the cPBBO is derived from displayed its potential to trade upon entry. The Exchange’s proposal to amend quotes for the individual legs. The Exchange’s proposal to amend Options 3, Section 7(c)(3), ‘‘Opening The Exchange’s proposal to make current Options 3, Section Only,’’ to amend incorrect rule text, and clear where the Reference BBO is 6(a)(ii)(B)(4)(a), to replace ‘‘cancelled also add a clarifying sentence does not specified within this rule, or the immediately’’ with the term ‘‘rejected’’ impose an undue burden on Reference cPBBO, that All-or-None conforms the rule text to other uses of competition. An OPG Only Order may Orders are excluded does not impose an the word rejected within the Rulebook. be executed by any market participant undue burden on competition. The This amendment is non-substantive. in the Opening Process pursuant to Exchange proposes to note ‘‘including The Exchange’s proposal to amend Options 3, Section 8. This order type Reference BBO’’ within Options 3, Supplementary Material .02 to Options would continue to not be not valid Section 13(b)(2)(C) and 13(f) to conform 3, Section 6 does not impose an undue outside of the Opening Process. the rule text. The Reference BBO also burden on competition as this Removing the phrase ‘‘except for pertains to Complex Orders because the amendment corrects out of date rule Automated Quotation Adjustments’’ cPBBO is derived from displayed quotes text. The System does not disseminate does not impose an undue burden on for the individual legs. This represents locked quotations, rather the System re- competition because, today, an OPG current System operation. prices orders. The amendment will Order is not subject to Automated The Exchange’s proposal to amend remove an inaccurate statement and Quotation Adjustments. The Opening Options 3, Section 13 in various places bring greater clarity to the Rulebook. Process itself has boundaries within to replace ‘‘one minimum price improvement increment,’’ with ‘‘$0.01’’ Options 3, Section 7 which orders will be executed. Any participant may enter an Opening Only is a non-substantive amendment. The Exchange’s proposal to update Order. Typically Market Makers and The Exchange’s proposed certain terms within Options 3, Section Lead Market Makers submit Valid amendments to Options 3, Section 7 to conform to a prior rule change 43 Width Quotes, as provided for within 13(b)(7) and (8) do not impose an undue does not impose an undue burden on Options 3, Section 8, during the burden on competition because they competition. These changes are non- Opening Process. Further, an Opening clarify current rule text without any substantive. Sweep which is utilized by Market substantive amendment. The Exchange’s proposal to amend Makers and Lead Market Makers, is The remainder of the proposed All-or-None Orders within Options 3, protected by Automation Quotation changes within Options 3, Section 13 Section 7(b)(5) to add more language to Adjustments. The Exchange’s proposal are grammatical or technical in nature the description of an All-or-None Order to note that OPG orders may not route and therefore non-substantive. does not impose an undue burden on will bring greater transparency to the Options 3, Section 15 competition because the proposed rule rule. text will bring greater transparency to The Exchange’s proposal to note that this order type. The Exchange today Options 3, Section 10 the Automated Quotation Adjustments provides that All-or-None Orders are The Exchange’s proposal to make a protection removes both quotes and non-displayed and non-routable. To grammatical correction to Options 3, Immediate-or-Cancel Orders does not expand on this notion, the Exchange Section 10 is non-substantive. impose an undue burden on proposes to amend the sentence to competition. Market Makers and Lead provide, ‘‘All-or-None Orders are non- Options 3, Section 13 Market Makers utilize the Immediate-or- routable. The Exchange does not The Exchange’s proposal to update Cancel Orders within SQF to respond to disseminate bids or offers of All-or- certain rule references within Options 3, auctions. The auction response requires None Orders to OPRA and the Top of Section 13 is non-substantive. the same protection afforded by the PHLX Options feed, however All-or- The Exchange’s proposal to amend Automation Quotation Adjustments None Orders are displayed in the PHLX various references within Options 3, which it affords the underlying option Orders and PHLX Depth of Book feed.’’ Section 13 to make clear the manner in in which the Market Maker or Lead which All-Or-None Orders are treated Market Maker is quoting continuously 42 See note 5 above. by the System within a PIXL Auction among its assigned options classes. The 43 Id. does not impose an undue burden on Automation Quotation Adjustments

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protection removes both quotes and contingency is triggered and then that III. Date of Effectiveness of the Immediate-or-Cancel Orders submitted Stop Order becomes available for Proposed Rule Change and Timing for through SQF because Market Maker and execution. Also, the Exchange Commission Action Lead Market Maker risk applies to all inadvertently did not include the Because the foregoing proposed rule interest in the underlying option in phrase, ‘‘which cannot be satisfied’’ change does not: (i) Significantly affect which the Market Maker or Lead Marker when referencing All-or-None Orders the protection of investors or the public Maker is assigned to quote in within Options 5, Section 4. The interest; (ii) impose any significant throughout the trading day. Market limitation is noted in other places burden on competition; and (iii) become Makers and Lead Marker Makers within this rule. An All-or-None Order operative for 30 days from the date on measure risk per underlying option. The contingency must be met for this order which it was filed, or such shorter time System functionality for the Automated type to execute, otherwise it will be as the Commission may designate, it has Quotation Adjustment is not being executed at such time as the become effective pursuant to Section amended. 19(b)(3)(A)(iii) of the Act 46 and The Exchange believes its proposal to contingency could be met. Unlike the Stop Order which is only available once subparagraph (f)(6) of Rule 19b–4 clarify that Anti-Internalization will not 47 triggered,44 the All-or-None Order is thereunder. apply during an Opening Process does A proposed rule change filed under available for execution once the not impose an undue burden on Rule 19b–4(f)(6) 48 normally does not competition as it would provide more contingency is met. This proposed become operative prior to 30 days after specificity on how this functionality amendment reflects current System the date of the filing. However, pursuant currently operates. During the opening, operation and will bring greater clarity to Rule 19b–4(f)(6)(iii),49 the Market Makers are able to observe the to the rule. Commission may designate a shorter primary market and then determine how Options 8, Section 2 time if such action is consistent with the they would like to quote. Market Makers protection of investors and the public are sophisticated market participants The Exchange’s proposal to add a new interest. The Exchange requests that the that have their own tools and other defined term, ‘‘Floor Lead Market Commission waive the 30-day operative protections to manage risk during the Maker’’ does not impose an undue delay so that the proposal may become Opening Process. burden on competition. This defined operative immediately upon filing. The Options 3, Section 23 term, which is currently utilized within Exchange asserts that waiver of the 30- day operative delay would be consistent The Exchange’s proposal to amend the Options 8 rules, will bring greater with the protection of investors and the Options 3, Section 23(a)(2), which clarity to the Options 8 rules. general public by permitting the describes the PHLX Orders data feed, The Exchange’s proposal to add an Exchange to immediately remove the does not impose an undue burden on introductory sentence within Options 8, two incorrect and contradictory competition. The proposed amendments Section 2(a) that provides context to the sentences in the Phlx routing rule to represent current information contained information that follows is a non- bring greater clarity and transparency to in the PHLX Orders feed. This substantive amendment. The addition of its rules. The Commission believes that proprietary data feed displays all orders the word ‘‘Organization’’ within waiving the 30-day operative delay is on the Order Book with original Options 8, Section 2(a)(5) will make consistent with the protection of information, whereas the Exchange’s the clear the reference to the defined term investors and the public interest as it Top of PHLX Options feed, which is not ‘‘member organization.’’ will bring greater transparency to the being amended by this proposal, only rules of the Exchange. Accordingly, the provides information as to the displayed Options 8, Section 32 Commission waives the 30-day order book. The Exchange does not The Exchange’s proposal to amend operative delay and designates the disseminate non-displayed order proposed rule change operative upon Options 8, Section 32 to add ‘‘FLEX information to the OPRA data feed, filing.50 rather only non-displayed prices are Option’’ to the list of order types that At any time within 60 days of the submitted. The Exchange does display are available on Phlx does not impose filing of the proposed rule change, the All-Or-None Orders on the PHLX Orders an undue burden on competition Commission summarily may data feed to inform market participants because the addition of FLEX Options temporarily suspend such rule change if of orders that are available for within Options 8, Section 34 will make it appears to the Commission that such execution. Public Customers submitting clear the order types that are available action is necessary or appropriate in the All-or-None Orders on Phlx desire their for execution on the Trading Floor. public interest, for the protection of orders to be executed and the display of Today, FLEX Options are executed in investors, or otherwise in furtherance of those orders on the PHLX Orders data open outcry on the Trading Floor and the purposes of the Act. If the feed allows other member organizations not through the Options Floor Broker Commission takes such action, the to see their orders are available to Management System as provided for execute against those orders. The within Options 8, Section 22B.45 46 15 U.S.C. 78s(b)(3)(A)(iii). proposed amendments are simply 47 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– clarifying in nature and intended to add C. Self-Regulatory Organization’s 4(f)(6) requires a self-regulatory organization to give more description to the rule. Statement on Comments on the the Commission written notice of its intent to file the proposed rule change at least five business days Proposed Rule Change Received From Options 5, Section 4 prior to the date of filing of the proposed rule Members, Participants, or Others change, or such shorter time as designated by the The Exchange’s proposal to amend Commission. The Exchange has satisfied this Options 5, Section 4(a), and make some No written comments were either requirement. technical amendments, does not impose solicited or received. 48 17 CFR 240.19b–4(f)(6). an undue burden on competition. Stop 49 17 CFR 240.19b–4(f)(6)(iii). 50 For purposes only of waiving the 30-day Orders must be triggered to be included operative delay, the Commission has considered the in the internal PBBO. A Stop Order is 44 See note 24 above. proposed rule’s impact on efficiency, competition, not available until such time as its 45 See note 23 above. and capital formation. See 15 U.S.C. 78c(f).

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Commission shall institute proceedings For the Commission, by the Division of places specified in Item IV below. The to determine whether the proposed rule Trading and Markets, pursuant to delegated Exchange has prepared summaries, set should be approved or disapproved. authority.51 forth in sections A, B, and C below, of J. Matthew DeLesDernier, the most significant aspects of such IV. Solicitation of Comments Assistant Secretary. statements. Interested persons are invited to [FR Doc. 2021–02710 Filed 2–9–21; 8:45 am] A. Self-Regulatory Organization’s submit written data, views, and BILLING CODE 8011–01–P Statement of the Purpose of, and arguments concerning the foregoing, Statutory Basis for, the Proposed Rule including whether the proposed rule Change change is consistent with the Act. SECURITIES AND EXCHANGE Comments may be submitted by any of COMMISSION 1. Purpose the following methods: [Release No. 34–91058; File No. SR–Phlx– The purpose of this rule change is to Electronic Comments 2021–04] relocate the PSX equity and general rules from the current Rulebook into the • Use the Commission’s internet Self-Regulatory Organizations; Nasdaq new Rulebook shell 3 and also make comment form (http://www.sec.gov/ PHLX LLC; Notice of Filing and other amendments to the Phlx Rules. rules/sro.shtml); or Immediate Effectiveness of Proposed The Exchange also proposes a number • Send an email to rule-comments@ Rule Change To Relocate Its PSX of minor, non-substantive changes to the sec.gov. Please include File Number SR– Equity and General Rules From Its Rulebook shell as described below. The Phlx–2021–05 on the subject line. Current Rulebook Into Its New relocation and harmonization of these Rulebook Shell and Make Other rules is part of the Exchange’s continued Paper Comments Changes to the Phlx Rules effort to promote efficiency and • Send paper comments in triplicate February 4, 2021. conformity of its processes with those of to Securities and Exchange Commission, Pursuant to Section 19(b)(1) of the its affiliated exchanges. The Exchange 100 F Street NE, Washington, DC Securities Exchange Act of 1934 believes that the placement of these 20549–1090. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 rules into their new location in the Rulebook shell will facilitate the use of All submissions should refer to File notice is hereby given that on January 22, 2021, Nasdaq PHLX LLC (‘‘Phlx’’ or the Rulebook by members and member Number SR–Phlx–2021–05. This file organizations. number should be included on the ‘‘Exchange’’) filed with the Securities subject line if email is used. To help the and Exchange Commission Universal Changes Commission process and review your (‘‘Commission’’) the proposed rule The Exchange proposes to update all comments more efficiently, please use change as described in Items I and II cross-references within the Rulebook only one method. The Commission will below, which Items have been prepared shell to the new relocated rule cites. The post all comments on the Commission’s by the Exchange. The Commission is Exchange proposes to replace internal internet website (http://www.sec.gov/ publishing this notice to solicit rule references to simply state ‘‘this rules/sro.shtml). Copies of the comments on the proposed rule change Rule’’ where the rule is citing itself submission, all subsequent from interested persons. without a more specific cite included in amendments, all written statements I. Self-Regulatory Organization’s the Rule. For example, if PSX Rule 4619 with respect to the proposed rule Statement of the Terms of Substance of refers currently to ‘‘Rule 4619’’ or ‘‘this change that are filed with the the Proposed Rule Change Rule 4619’’ the Exchange will amend Commission, and all written the phrase to simply ‘‘this Rule.’’ Except The Exchange proposes to relocate its communications relating to the where the Exchange specifies below that PSX equity and general rules from its proposed rule change between the it will retain the current rule current Rulebook into its new Rulebook Commission and any person, other than numbering, the Exchange also proposes shell and make other changes to the those that may be withheld from the to conform the paragraph numbering Phlx Rules. public in accordance with the and lettering to that used in the The text of the proposed rule change provisions of 5 U.S.C. 552, will be Rulebook shell for greater consistency, is available on the Exchange’s website at available for website viewing and and to correct punctuation. The https://listingcenter.nasdaq.com/ printing in the Commission’s Public Exchange proposes to replace ‘‘PSX rulebook/phlx/rules, at the principal Reference Room, 100 F Street NE, Rules’’ with ‘‘Equity Rules’’ where office of the Exchange, and at the Washington, DC 20549, on official applicable as the title of the ruleset is Commission’s Public Reference Room. business days between the hours of proposed to be ‘‘Equity Rules.’’ 10:00 a.m. and 3:00 p.m. Copies of the II. Self-Regulatory Organization’s Furthermore, the Exchange proposes to filing also will be available for Statement of the Purpose of, and delete any empty reserved rules and inspection and copying at the principal Statutory Basis for, the Proposed Rule already deleted rules in the current office of the Exchange. All comments Change Rulebook. Finally, the Exchange received will be posted without change. In its filing with the Commission, the proposes to make certain technical Persons submitting comments are Exchange included statements corrections to add hyphens and spacing cautioned that we do not redact or edit concerning the purpose of and basis for where necessary. personal identifying information from the proposed rule change and discussed In addition to updating rule citations comment submissions. You should any comments it received on the impacted by the proposed rule submit only information that you wish proposed rule change. The text of these relocations herein, the Exchange to make available publicly. All statements may be examined at the submissions should refer to File 3 Previously, the Exchange filed to relocate other Number SR–Phlx–2021–05 and should rules within its Rulebook. See Securities Exchange 51 17 CFR 200.30–3(a)(12). Act Release No. 88213 (February 14, 2020), 85 FR be submitted on or before March 3, 1 15 U.S.C. 78s(b)(1). 9859 (February 20, 2020) (SR–Phlx–2020–03) 2021. 2 17 CFR 240.19b–4. (‘‘Prior Relocation Rule Change’’).

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proposes to update several rule citations General 2 duplicative list of Minor Rule Violations to rules which were previously The Exchange proposes to relocate from the PSX Rulebook. With respect to relocated in the Prior Relocation Rule Rule 3600. Regulatory Services violations of General 7, the Exchange Change. Accordingly, rule citations to Agreements to General 2, Section 5, proposes to add General 7, Failure to the following rules are being updated which was reserved. The Exchange Comply with the Consolidated Audit with this proposal: Rule 133 (now Rule proposes to update rule citations to Trail Compliance Rule requirements, 3101); Rule 703 (now Options 6D, rules which were previously relocated into the list of Equity Floor Procedure Section 1); Rule 707 (currently PSX Rule in the Prior Relocation Rule Change. Advices within General 5, Section 3, 3503); 4 Rule 765 (now General 9, Code of Procedure. General 7 was Section 1(a)); Rule 910 (now General 3, General 4 recently added to The Equity Minor Section 1); Rule 911 (now General 3, The Exchange proposes to re-title Rule Violations.7 The Exchange also Section 12); Rule 985 (now General 2, General 4 as ‘‘Registration proposes to remove the reference in Section 4); and Rule 1092 (now Options Requirements.’’ The rule is currently General 5 to A–5 Training as there is no 3, Section 20). titled ‘‘Regulation.’’ The Exchange corresponding Minor Rule Plan for A– 5. General 1 proposes to add a period at the end of General 4, Section 1. The Exchange also The Exchange proposes to remove The Exchange proposes to add a title proposes to amend rule numbering to ‘‘Floor’’ from the title ‘‘Equity Floor under ‘‘General 1 General Provisions’’ conform with a recent Nasdaq rule Procedure Advices’’ as PSX is an which states ‘‘Section 1 Definitions.’’ change.6 electronic only market. Also, the Exchange proposes to update rule citations to relocated rules as well General 5 The Exchange proposes to delete the as rule citations to rules which were The Exchange proposes to relocate the title ‘‘A. Miscellaneous,’’ ‘‘E. Staffing,’’ previously relocated in the Prior text of Minor Rule Violations rules into ‘‘F. Miscellaneous,’’ and ‘‘S. Pre- Relocation Rule Change. The Exchange General 5. Today, the Minor Rule Opening Procedures,’’ ‘‘Rule 60 notes that The Nasdaq Stock Market Violations, except for violations of Regulations’’ including Regulation 1– LLC (‘‘Nasdaq’’) recently amended General 7, are delineated within General Regulations 7 from the PSX Rulebook. certain rule citations which also impact 5. The Exchange proposes to relocate General 9 proposed changes herein, particularly the rule text of each Minor Rule with respect to General 4 rule violation rule from the PSX Rulebook The Exchange proposes to relocate the numbering.5 into General 5 and remove the below rules into General 9.

Shell rule Current rule Deleted options rule

General 9, Section 1(c) ...... 3503. Conduct Inconsistent with Just and Equitable Principles of Options 9, Section 1. Trade. General 9, Section 1(d) ...... 3504. Acts Detrimental to the Interest or Welfare of the Exchange ..... Options 9, Section 5. General 9, Section 5 ...... 3507. Telemarketing ...... Options 10, Section 23. General 9, Section 37 ...... 3506. Anti-Money Laundering Compliance Program ...... Options 9, Section 21.

Today, the Rulebook contains both an and (ii)’’ to ‘‘subsections (1) and (2).’’ apply to all rules under the heading equity and option rule, which are Second, the Exchange proposes in Equity Rules and therefore proposes to identical, for Conduct Inconsistent with Section 53(a)(1)(B)(ii) to update the amend the current text further to apply Just and Equitable Principles of Trade, reference to ‘‘paragraph (b)(i)’’ to the relocated definitions to the entire Acts Detrimental to the Interest or ‘‘paragraph (B)(i).’’ The Exchange section related to the equity market. Welfare of the Exchange, Telemarketing, proposes to reserve Section 71 to The definition for ‘‘PSX Participant’’ and Anti-Money Laundering harmonize Phlx’s rule numbers with currently is defined to mean, ‘‘. . . an Compliance Program. The Exchange is Nasdaq. relocating a version of each of these entity that fulfills the obligations Equity 1 rules to General 9 and eliminating the contained in Rule 3211 regarding corresponding options and equity rules. The Exchange proposes to relocate participation in the System, and shall The General 9 rules apply to both the Rule 3301, Equity Definitions, into new include: . . .’’. PSX Rule 3211 was 8 equity and options markets. Equity 1, Section 1. The Exchange is previously deleted. Phlx Rule 1094 The Exchange also proposes a number amending the first sentence of new became applicable to the market of corrective changes to Disruptive Equity 1, Section 1 to provide, ‘‘The participants trading on PSX with the Quoting and Trading Activity following definitions apply to the Rule 3211 Removal Rule Change. Phlx Prohibited which was relocated to Equity Rules for the trading of securities Rule 1094 was relocated to General 2, General 9, Section 53 in the Prior on PSX.’’ While Rule 3301 currently Section 22 in the Prior Phlx Relocation Relocation Rule Change. First, in provides that the definitions apply to Rule Change. Section 53(a), the Exchange proposes to the Rule 3200 and 3300 Series, the update the references to ‘‘subsections (i) Exchange notes that the definitions

4 PSX Rule 3503 is being relocated to General 9, From Its Current Rulebook Into Its New Rulebook Industry Member Compliance Rules to the List of Section 1(c) as proposed herein. Shell). Minor Rule Violations). 5 See Securities Exchange Act Release No. 90577 6 Id. 8 See Securities Exchange Act Release No. 76452 (December 7, 2020), 85 FR 80202 (December 11, 7 See Securities Exchange Act Release No. 89667 (November 17, 2015), 80 FR 73019 (November 23, 2020) (SR–NASDAQ–2020–079) (Notice of Filing (August 25, 2020), 85 FR 53876 (August 31, 2020) 2015) (SR–Phlx–2015–93) (Notice of Filing and Immediate Effectiveness of Proposed Rule Change and Immediate Effectiveness of Proposed Rule (SR–Phlx–2020–40) (Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Relating to Sponsored Access) (‘‘Rule 3211 Removal Change To Relocate Its Equity and General Rules Change To Add the Consolidated Audit Trail Rule Change’’).

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Equity 2 Exchange proposes to amend the current Current rule The Exchange proposes to relocate the text to apply the relocated definitions to following rules into Equity 2 which is the entire section related to the equity 3306. Entry and Display of Quotes and Or- ders. titled Equity Market Participants. The market to distinguish these rules from the General Rules and Options Rules. 3307. Processing of Orders. Exchange proposes to instead title this 3309. Trade Reporting. section ‘‘Market Participants’’ to The Exchange also proposes to update a rule citation within proposed Equity 2, 3310. Anonymity. conform to Nasdaq’s Rulebook 3311. Issuer Corporate Actions Related to a Structure.9 Section 10, Withdrawal of Quotations, Dividend, Payment or Distribution. at paragraph (d). This paragraph (d) 3312. Clearly Erroneous Transactions. Shell rule Current rule which discusses withdrawal status, 3315. Order Routing. relates to quotations, and provides, 3317. Compliance with Regulation NMS Plan Section 1 ...... 3201. Scope. Excused withdrawal status may be granted to Implement a Tick Size Pilot. Section 2 ...... 3203. Definitions. to a PSX Market Maker that fails to maintain 3102. Limitation of Exchange Liability and Section 3 ...... Reserved. a clearing arrangement with a registered Reimbursement of Certain Expenses. Section 4 ...... 3212. Registration as a Mar- clearing agency or with a member of such an ket Maker. agency and is withdrawn from participation The Exchange proposes to delete Rule Section 5 ...... 3213. Market Maker Obliga- in the trade reporting service of PSX, thereby 3202, Application of Other Rules of the tions. terminating its registration as a PSX Market Exchange, as The Limited Liability Section 6 ...... 3214. Stabilizing Bids. Maker; provided, however, that if the Section 7 ...... 3216. Reports. Company Agreement of the Exchange Exchange finds that the PSX Market Maker’s and The By-Laws of the Exchange are Section 8 ...... 3217. Normal Business failure to maintain a clearing arrangement is Hours. part of the Phlx Rulebook and therefore voluntary, the withdrawal of quotations will apply to PSX already. As such, the Section 9 ...... 3218. Clearance and Settle- be considered voluntary and unexcused ment. pursuant to Rule 3220 and the Rule 3300 Exchange believes that the rule is Section 10 ...... 3219. Withdrawal of Series governing PSX. PSX Market Makers duplicative and not necessary. Quotations. that fail to maintain a clearing relationship The Exchange proposes to delete the Section 11 ...... 3220. Voluntary Termination will have their PSX system status set to reference to ‘‘Sec. 44 FINRA Jurisdiction of Registration. ‘‘suspend’’ and be thereby prevented from Over Arbitrations Against Exchange Section 12 ...... 3221. Suspension and Ter- entering, or executing against, any quotes/ Members’’ within PSX Rule 3202, mination of Quotations orders in the system. and Order Entry. Application of Other Rules of the Section 13 ...... 3222. Termination of PSX The Exchange proposes to replace Exchange, as that rule is not located in Service. Rule 3220 (Voluntary Termination of the Phlx Rulebook. Rule 950 describes Section 14 ...... 3223. Alternative Trading Registration) with its relocated rule Arbitration rules related to members on Systems. reference, Equity 2, Section 11. The Phlx and PSX. Section 15 ...... 3224. Penalty Bids and Syn- Exchange proposes to replace the Rule The Exchange proposes to update an dicate Covering Trans- 3300 Series rules reference with Equity erroneous citation to PSX Rule 0120(x), actions. 4. The Rule 3300 Series was relocated currently within PSX Rule 3303, to Section 16 ...... 3225. Obligation to Provide Equity 1, Section 1(a). Information. to Equity 4 with the exception of the Section 17 ...... 3226. Limitation of Liability. Equity 6, Section 3, Phlx Kill Switch. The Exchange also proposes to delete Section 18 ...... 3227. Obligation to Honor The Phlx Kill Switch’s relocation to PSX Rules 3210 and 3211 because these System Trades. Equity 6 does not impact its reference rules do not contain substantive text. Section 19 ...... 3228. Compliance with within this rule which described a PSX The Exchange proposes to remove an Rules and Registration Market Maker’s voluntary failure to outdated reference to Rule 4770 within Requirements. maintain a clearing arrangement and its Supplementary Material .01 to PSX Rule Section 20 ...... 3231. Customer Disclosures. impact on the withdrawal of quotations. 3317 and instead utilize the term ‘‘Rule’’ to refer to Rule 3317. There is no Rule The Exchange is amending the first Equity 3 4770 within the current Phlx Rulebook. sentence of new Equity 2, Section 1 to The Exchange proposes to reserve Equity 5 provide, ‘‘Unless otherwise specified, Equity 3, currently titled ‘‘Equity the Equity Rules apply only to the Trading Rules.’’ The Exchange proposes to relocate the quoting and trading of System Securities below rules into Equity 5, ‘‘Order Audit via PSX.’’ Current Rule 3201 references Equity 4 Trail Services’’: the 3200 Series (Requirements for PSX The Exchange proposes to re-title Participants). However all equity rules Equity 4, currently titled ‘‘Limit Up- Shell rule Current rule apply to equities trading on PSX. Limit Down,’’ to ‘‘Equity Trading Broadening the language of Equity 2, Rules.’’ The Exchange proposes to Section 1 ...... 7410A. Definitions. Section 1 is consistent with the manner relocate the following rules into Equity Section 2 ...... 7420A. Applicability. Section 3 ...... 7430A. Synchronization of in which equities rules are applied 4 and retain the current rule numbering: today with respect to trading and other Member Organization Business Clocks. aspects of conducting business on PSX. Current rule Section 4 ...... 7440A. Recording of Order The Exchange also proposes to amend Information. 3100. Limit Up-Limit Down Plan and Trading Equity 2, Section 2(a) to provide, ‘‘For Section 5 ...... 7450A. Order Data Trans- Halts on PSX. purposes of the Equity Rules, unless the mission Requirements. 3101. Trading Halts Due to Extraordinary context requires otherwise:’’. The Section 6 ...... 7460A. Violation of Order Market Volatility. Audit Trail System Rules. original reference was to the 3000 3301A. Order Types. Series, although the definitions which 3301B. Order Attributes. follow relate to federal rules which 3302. Opening Process. The Exchange proposes to amend a would apply to all Equity Rules. The 3303. Short Sale Price Test Pursuant to Rule rule citation within Equity 5, Section 6, 201 of Regulation SHO. Violation of Order Audit Trail System 9 See note 5 above. 3304. Data Feeds Utilized. Rules. The definition of System is being

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relocated to from current Rule 3301 as Equity 9 Shell rule Current rule proposed herein. The current Phlx The Exchange proposes to re-title Section 3 ...... 3402. Price of Execution Rulebook does not contain PSX Rule Equity 9, currently ‘‘Supplementary 0120. Binding. Conduct Rules,’’ to ‘‘Business Conduct,’’ Section 4 ...... 3403. Payment on Deliv- Equity 6 and to relocate the following rules into ery—Collect on Delivery. Equity 9: Section 5 ...... 3404. Book-Entry Settle- The Exchange proposes to title Equity ment. 6, which is currently reserved, as ‘‘PSX Shell rule Current rule Section 6 ...... 3405. Ex-dividend, Ex-rights. Risk Management Services; Other Section 7 ...... 3406. Ex-warrants. Systems and Programs,’’ and to relocate Section 1 ...... Reserved. Section 8 ...... 3407. Buyer Entitled to Divi- the following rules into Equity 6: Section 2 ...... Reserved. dend, etc. Section 3 ...... Reserved. Section 9 ...... 3408. Claims for Dividend, Section 4 ...... Reserved. etc. Shell rule Current rule Section 5 ...... Reserved. Section 10 ...... 3409. Taking or Supplying Section 6 ...... Reserved. Securities Named in Section 1 ...... Reserved. Section 7 ...... Reserved. Order. Section 2 ...... Reserved. Section 8 ...... Reserved. Section 3 ...... 3316. PHLX Kill Switch. Section 9 ...... Reserved. 2. Statutory Basis Section 4 ...... 3215. Exchange Sharing of Section 10 ...... Reserved. PSX Participant Risk Set- Section 11 ...... Reserved. The Exchange believes that its tings (excluding Com- Section 12 ...... Reserved. proposal is consistent with Section 6(b) mentary). Section 13 ...... Reserved. of the Act,10 in general, and furthers the Section 5 ...... Commentary to 3215. Ex- Section 14 ...... Reserved. objectives of Section 6(b)(5) of the Act,11 change Sharing of PSX Section 15 ...... 3410. Limitations on Mem- in particular, in that it is designed to Participant Risk Settings. bers’ Trading Because of promote just and equitable principles of Section 6 ...... Reserved. Customers’ Orders. trade and to protect investors and the Section 16 ...... 3411. Successive Trans- public interest by bringing greater Equity 8 actions by Members. Section 17 ...... 3412. Short Sales. transparency to its rules by relocating Section 18 ...... 3413. Proper and Adequate the equity and general rules into the The Exchange proposes to reserve new Rulebook shell together with other Equity 8 which is currently titled Margin. Section 19 ...... 3414. Prohibition on Free- rules which have already been ‘‘Uniform Practice Code.’’ Riding in Cash Accounts. relocated.12 The Exchange’s proposal is Equity 8A Section 20 ...... 3500. Financial Responsi- consistent with the Act and will protect bility and Reporting. investors and the public interest by The Exchange proposes to title Equity Section 21 ...... 3502. Automated Submis- harmonizing its rules, where applicable, 8A as ‘‘Unlisted Trading Privileges, sion of Trading Data. across Nasdaq markets so that members Proxy and Other Rules.’’ The Exchange Section 22 ...... 3505. Restrictions on Pledge can readily locate rules which cover of Customers’ Securities. proposes to relocate the following rules Section 23 ...... 3501. Independent Audit. similar topics. The relocation and into Equity 8A: harmonization of the Exchange’s Rules are part of the Exchange’s continued Equity 10 Shell rule Current rule effort to promote efficiency and The Exchange proposes to title Equity conformity of its processes with those of Section 1 ...... Reserved. 10, which is currently reserved, to its affiliated exchanges. The Exchange Section 2 ...... Reserved. ‘‘Other Products and Securities,’’ and to believes that the placement of the PSX Section 3 ...... Reserved. relocate the following rules into Equity Rules into their new location in the Section 4 ...... Reserved. 10: shell will facilitate the use of the Section 5 ...... 3204. Securities Traded Rulebook by members. Specifically, the under Unlisted Trading Shell rule Current rule Exchange believes that market Privileges. participants that are members of more Section 6 ...... 3232. Advertising Practices. Section 1 ...... Reserved. than one Nasdaq market will benefit Section 7 ...... 3233. Prevention of the Mis- Section 2 ...... Reserved. use of Material, Nonpublic Section 3 ...... Reserved. from the ability to compare Rulebooks. Information. Section 4 ...... Reserved. The Exchange is not substantively Section 8 ...... 3234. Additional Require- Section 5 ...... Reserved. amending rule text. The renumbering, ments for Securities Section 6 ...... Reserved. re-lettering, deleting reserved and Issued by Nasdaq or its Section 7 ...... Reserved. already deleted rules, amending cross- Affiliates. Section 8 ...... 3230. Trading in Commodity- references and other minor technical Section 9 ...... 3236. Restriction. Related Securities. changes will bring greater transparency Section 10 ...... 3237. Voting Instructions. to the Exchange’s Rules. The Exchange’s Section 11 ...... 3238. Proxies at Direction of Equity 11 affiliates intend to file similar rule Owner. The Exchange proposes to adopt a changes to relocate their respective Section 12 ...... 3239. Proxy to Show Num- new Equity 11 and title this section equity and general rules into the same ber of Shares. location in each Rulebook for ease of Section 13 ...... 3240. Transfer to Facilitate ‘‘Uniform Practice Code.’’ The following rules will be relocated into Equity 11: reference. The Exchange believes its Solicitation. proposal will benefit investors and the Section 14 ...... 3241. Rule Applicable to In- general public by increasing the dividual Members and Shell rule Current rule Nominees. transparency of its Rulebook and Section 15 ...... 3242. Transmission of In- Section 1 ...... 3400. Dealings on the Ex- terim Reports and Other change—Securities. 10 15 U.S.C. 78f(b). Material. Section 2 ...... 3401. Bids and Offers— 11 15 U.S.C. 78f(b)(5). ‘‘When Issue‘‘. 12 See supra note 3.

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promoting easy comparisons among the relocate its rules and continue to file Commission and any person, other than various Nasdaq affiliated exchanges’ other rules that are affected by this those that may be withheld from the Rulebooks. relocation in a timely manner. The public in accordance with the Commission believes that waiver of the provisions of 5 U.S.C. 552, will be B. Self-Regulatory Organization’s 30-day operative delay is consistent available for website viewing and Statement on Burden on Competition with the protection of investors and the printing in the Commission’s Public The Exchange does not believe that public interest. Accordingly, the Reference Room, 100 F Street NE, the proposed rule change will impose Commission waives the 30-day Washington, DC 20549 on official any burden on competition not operative delay and designates the business days between the hours of necessary or appropriate in furtherance proposal operative upon filing.17 10:00 a.m. and 3:00 p.m. Copies of the of the purposes of the Act. The At any time within 60 days of the filing also will be available for Exchange believes that the proposed filing of the proposed rule change, the inspection and copying at the principal amendments do not impose an undue Commission summarily may office of the Exchange. All comments burden on competition because the temporarily suspend such rule change if received will be posted without change. amendments to relocate the equity and it appears to the Commission that such Persons submitting comments are general rules are non-substantive. This action is necessary or appropriate in the cautioned that we do not redact or edit rule change is intended to bring greater public interest, for the protection of personal identifying information from clarity to the Exchange’s Rules and to investors, or otherwise in furtherance of comment submissions. You should promote easy comparisons among the the purposes of the Act. If the submit only information that you wish various Nasdaq affiliated exchanges’ Commission takes such action, the to make available publicly. All Rulebooks. Renumbering, re-lettering, Commission shall institute proceedings submissions should refer to File deleting reserved rules and amending to determine whether the proposed rule Number SR–Phlx–2021–04 and should cross-references will bring greater change should be approved or be submitted on or before March 3, transparency to the Exchange’s Rules. disapproved. 2021. C. Self-Regulatory Organization’s IV. Solicitation of Comments For the Commission, by the Division of Statement on Comments on the Interested persons are invited to Trading and Markets, pursuant to delegated 18 Proposed Rule Change Received From submit written data, views, and authority. Members, Participants, or Others arguments concerning the foregoing, J. Matthew DeLesDernier, No written comments were either including whether the proposed rule Assistant Secretary. solicited or received. change is consistent with the Act. [FR Doc. 2021–02709 Filed 2–9–21; 8:45 am] Comments may be submitted by any of BILLING CODE 8011–01–P III. Date of Effectiveness of the the following methods: Proposed Rule Change and Timing for Commission Action Electronic Comments SECURITIES AND EXCHANGE Because the foregoing proposed rule • Use the Commission’s internet COMMISSION change does not: (i) Significantly affect comment form (http://www.sec.gov/ the protection of investors or the public rules/sro.shtml); or • [Release No. 34–91066; File No. SR–FINRA– interest; (ii) impose any significant Send an email to rule-comments@ 2020–038] burden on competition; and (iii) become sec.gov. Please include File Number SR– operative for 30 days from the date on Phlx–2021–04 on the subject line. Self-Regulatory Organizations; which it was filed, or such shorter time Paper Comments Financial Industry Regulatory as the Commission may designate, it has Authority, Inc.; Notice of Filing of • become effective pursuant to Section Send paper comments in triplicate Amendment No. 1 and Order Instituting 19(b)(3)(A) of the Act 13 and Rule 19b- to Secretary, Securities and Exchange Proceedings To Determine Whether To 4(f)(6) thereunder.14 Commission, 100 F Street NE, Approve or Disapprove the Proposed A proposed rule change filed under Washington, DC 20549–1090. Rule Change, as Modified by Rule 19b–4(f)(6) 15 normally does not All submissions should refer to File Amendment No. 1, to FINRA Rules become operative for 30 days after the Number SR–Phlx–2021–04. This file 5122 (Private Placements of Securities date of the filing. However, pursuant to number should be included on the Issued by Members) and 5123 (Private Rule 19b-4(f)(6)(iii),16 the Commission subject line if email is used. To help the Placements of Securities) That Would may designate a shorter time if such Commission process and review your Require Members To File Retail action is consistent with the protection comments more efficiently, please use Communications Concerning Private of investors and the public interest. The only one method. The Commission will Placement Offerings That Are Subject Exchange has asked the Commission to post all comments on the Commission’s to Those Rules’ Filing Requirements waive the 30-day operative delay. internet website (http://www.sec.gov/ Waiver of the operative delay would rules/sro.shtml). Copies of the February 4, 2021. allow the Exchange to immediately submission, all subsequent I. Introduction amendments, all written statements 13 15 U.S.C. 78s(b)(3)(A). with respect to the proposed rule On October 28, 2020, Financial 14 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– change that are filed with the Industry Regulatory Authority, Inc. 4(f)(6)(iii) requires a self-regulatory organization to Commission, and all written (‘‘FINRA’’) filed with the Securities and give the Commission written notice of its intent to file the proposed rule change, along with a brief communications relating to the Exchange Commission (‘‘Commission’’) description and text of the proposed rule change, proposed rule change between the the proposed rule change SR–FINRA– at least five business days prior to the date of filing 2020–038 (‘‘Proposed Rule Change’’) of the proposed rule change, or such shorter time 17 For purposes only of waiving the 30-day pursuant to Section 19(b)(1) of the as designated by the Commission. The Exchange operative delay, the Commission has also Securities Exchange Act of 1934 has satisfied this requirement. considered the proposed rule’s impact on 15 17 CFR 240.19b–4(f)(6). efficiency, competition, and capital formation. See 16 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f). 18 17 CFR 200.30–3(a)(12).

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(‘‘Exchange Act’’) 1 and Rule 19b–4 2 will be paid to the member and its that ‘‘concerns’’ a private placement, as thereunder to amend FINRA Rules 5122 associated persons. Among other things, originally proposed.14 (Private Placements of Securities Issued the current rule also requires a member III. Proceedings To Determine Whether by Members) and 5123 (Private to file the PPM, term sheet or other To Approve or Disapprove File No. SR– Placements of Securities) to require offering document with the FINRA FINRA–2020–038 and Grounds for members to file retail communications Corporate Financing Department at or Disapproval Under Consideration concerning private placement offerings prior to the first time the document is that are subject to those rules’ filing provided to any prospective investor, as The Commission is instituting requirements.3 The Proposed Rule well as any amendments to such proceedings pursuant to Section Change was published for public documents within 10 days of being 19(b)(2)(B) of the Exchange Act to comment in the Federal Register on provided to any investor or prospective determine whether the Amended November 6, 2020.4 On December 11, investor.10 Similarly, for certain private Proposed Rule Change should be 15 2020, FINRA consented to an extension placements 11 of unregistered securities approved or disapproved. Institution of the time period in which the issued by a non-member, FINRA Rule of proceedings is appropriate at this Commission must approve the Proposed 5123 requires members or control time in view of the legal and policy Rule Change, disapprove the Proposed persons to file with FINRA any PPM, issues raised by the Amended Proposed Rule Change, or institute proceedings to term sheet or other offering document,12 Rule Change. Institution of proceedings determine whether to approve or including any material amended does not indicate that the Commission disapprove the Proposed Rule Change to versions thereof, used in connection has reached any conclusions with 5 February 4, 2021. On January 12, 2021, with an offering within 15 calendar days respect to the Amended Proposed Rule FINRA filed an amendment to modify of the date of first sale. Change. the Proposed Rule Change Pursuant to Section 19(b)(2)(B) of the (‘‘Amendment No. 1’’).6 The FINRA proposes amendments to Exchange Act,16 the Commission is Commission is publishing this order Rules 5122 and 5123 to require providing notice of the grounds for pursuant to Section 19(b)(2)(B) of the members or control persons to file disapproval under consideration. The Exchange Act 7 to solicit comments on private placement retail Commission is instituting proceedings Amendment No. 1 from interested communications 13 with FINRA, in to allow for additional analysis and persons and to institute proceedings to addition to the currently required PPMs, input concerning whether the Amended determine whether to approve or term sheets, and other offering Proposed Rule Change is consistent disapprove the Proposed Rule Change, documents. Specifically, the Amended with the Exchange Act and the rules as modified by Amendment No.1 Proposed Rule Change would require thereunder. (‘‘Amended Proposed Rule Change’’). members or control persons to file with the FINRA Corporate Financing IV. Request for Written Comments II. Description of the Amended Department at, or prior to, the first time The Commission requests that Proposed Rule Change the document is provided to any interested persons provide written For certain private placements of prospective investor, any retail submissions of their views, data, and unregistered securities issued by a communication that ‘‘promotes or arguments with respect to the issues FINRA member or a control entity 8 recommends’’ a private placement, identified above, as well as any other (‘‘member private offerings’’), FINRA rather than any retail communication concerns they may have with the Rule 5122 requires the member or Amended Proposed Rule Change. control entity to provide prospective 10 See Notice at 71120. Specifically, the Commission is 9 investors with a private placement 11 See supra note 9. requesting comment on whether the memorandum (‘‘PPM’’), term sheet or 12 Rules 5122 and 5123 do not enumerate the Amended Proposed Rule Change other offering document that discloses types of information that might be considered adequately addresses commenters’ the intended use of the offering ‘‘other offering documents.’’ However, FINRA has stated previously that an example of ‘‘other offering concerns regarding the scope of the proceeds, the offering expenses and the document’’ is ‘‘[a]ny other type of document that proposed filing requirement in light of amount of selling compensation that sets forth the terms of the offering.’’ See the regulatory goals of improving the ‘‘Frequently Asked Questions (FAQ) About Private quality of broker-dealer private 1 15 U.S.C. 78s(b)(1). Placements,’’ Question #10, available on placement communications and 2 17 CFR 240.19b–4. www.finra.org. The terms of an offering include facts such as the amount of proceeds that the issuer strengthening FINRA’s ability to 3 See infra note 4. intends to raise, the type of security, descriptions monitor for potential violations of its 4 See Exchange Act Release No. 90302 (Nov. 2, or illustrations of the intended use of proceeds, and rules governing members’ 2020), 85 FR 71120 (Nov. 6, 2020) (File No. SR– explanations of tax benefits or other information FINRA–2020–038) (‘‘Notice’’). that would be relevant to an investor when deciding communications with the public. In 5 See letter from Joseph Savage, Vice President, whether to make an investment. See Notice at particular, the Commission invites the Office of General Counsel Regulatory Policy, 71121. written views of interested persons FINRA, to Daniel Fisher, Branch Chief, Division of 13 Rule 2210(a)(5) defines a ‘‘retail Trading and Markets, Commission, dated December concerning whether the Amended communication’’ as any written (including 11, 2020. Proposed Rule Change is consistent electronic) communication that is distributed or 6 Amendment No. 1 is available at https:// made available to more than 25 retail investors with the Exchange Act and the rules www.finra.org/sites/default/files/2021-01/SR- within any 30 calendar-day period. See Regulatory thereunder. FINRA-2020-038-Amendment1.pdf. Notice 20–21 (July 2020) (stating that a member firm Although there do not appear to be 7 15 U.S.C. 78s(b)(2)(B). that assists in the preparation of a private any issues relevant to approval or 8 A ‘‘control entity’’ means any entity that placement memorandum or other offering controls or is under common control with a document should expect that it will be considered member, or that is controlled by a member or its a communication with the public by that member 14 Specifically, Amendment No. 1 would limit the associated persons. See FINRA Rule 5122(a)(2)–(3); firm for purposes of Rule 2210 (Communications filing requirement of the Proposed Rule Change to see also Notice at note 3. with the Public)); see also letter from Joseph P. those retail communications that ‘‘promote or 9 Because of the types of private placements Savage, Vice President and Counsel, Office of recommend’’ a private placement, rather than any exempt from the application of Rule 5122, FINRA General Counsel, FINRA, to Vanessa Countryman, retail communication that ‘‘concerns’’ a private believes that the rule applies predominately to Secretary, Commission, dated January 12, 2021, placement, as originally proposed. private placements sold to retail investors. See available at https://www.sec.gov/comments/sr-finra- 15 15 U.S.C. 78s(b)(2)(B). Notice at 71121. 2020-038/srfinra2020038-8233135-227749.pdf. 16 Id.

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disapproval that would be facilitated by inspection and copying at the principal Fund are collectively referred to herein an oral presentation of views, data, and office of FINRA. as the ‘‘Shares.’’ arguments, the Commission will All comments received will be posted (b) Not applicable. [sic] consider, pursuant to Rule 19b–4, any without change. Persons submitting The text of the proposed rule change request for an opportunity to make an comments are cautioned that we do not is available on the Exchange’s website at oral presentation.17 redact or edit personal identifying https://listingcenter.nasdaq.com/ Interested persons are invited to information from comment submissions. rulebook/nasdaq/rules, at the principal submit written data, views, and You should submit only information office of the Exchange, and at the arguments regarding whether the that you wish to make available Commission’s Public Reference Room. Amended Proposed Rule Change should publicly. II. Self-Regulatory Organization’s be approved or disapproved by February All submissions should refer to File Statement of the Purpose of, and 24, 2021. Any person who wishes to file No. SR–FINRA–2020–038 and should be Statutory Basis for, the Proposed Rule a rebuttal to any other person’s submitted on or before February 24, Change submission must file that rebuttal by 2021. If comments are received, any March 8, 2021. rebuttal comments should be submitted In its filing with the Commission, the Exchange included statements Comments may be submitted by any on or before March 8, 2021. of the following methods: concerning the purpose of and basis for For the Commission, by the Division of the proposed rule change and discussed Electronic Comments Trading and Markets, pursuant to delegated any comments it received on the 18 • Use the Commission’s internet authority. proposed rule change. The text of these comment form (http://www.sec.gov/ J. Matthew DeLesDernier, statements may be examined at the rules/sro.shtml); or Assistant Secretary. places specified in Item IV below. The • Send an email to rule-comments@ [FR Doc. 2021–02715 Filed 2–9–21; 8:45 am] Exchange has prepared summaries, set sec.gov. Please include File No. SR– BILLING CODE 8011–01–P forth in sections A, B, and C below, of FINRA–2020–038 on the subject line. the most significant aspects of such statements. Paper Comments SECURITIES AND EXCHANGE • Send paper comments in triplicate COMMISSION A. Self-Regulatory Organization’s to Secretary, Securities and Exchange Statement of the Purpose of, and Commission, 100 F Street NE, [Release No. 34–91062; File No. SR– Statutory Basis for, the Proposed Rule Washington, DC 20549–1090. NASDAQ–2021–005] Change All submissions should refer to File No. 1. Purpose Self-Regulatory Organizations; The SR–FINRA–2020–038. This file number The Commission has approved the should be included on the subject line Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of listing and trading of Proxy Portfolio if email is used. To help the Shares under Nasdaq Rule 5750, which Commission process and review your Proposed Rule Change Relating to the ALPS Active REIT ETF of ALPS ETF governs the listing and trading of Proxy comments more efficiently, please use Portfolio Shares on the Exchange.3 only one method. The Commission will Trust To List and Trade Shares of the Fund Under Nasdaq Rule 5750 The Fund is an actively-managed post all comments on the Commission’s exchange-traded fund (‘‘ETF’’). The internet website (http://www.sec.gov/ February 4, 2021. Shares are offered by the Trust, which rules/sro.shtml). Copies of the Pursuant to Section 19(b)(1) of the was established as a Delaware statutory submission, all subsequent Securities Exchange Act of 1934 trust on September 13, 2007.4 The Trust, amendments, all written statements (‘‘Act’’),1 and Rule 19b–4 thereunder,2 which is registered with the with respect to the Amended Proposed notice is hereby given that on January Commission as an investment company Rule Change that are filed with the 25, 2021, The Nasdaq Stock Market LLC under the Investment Company Act of Commission, and all written (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the 1940 (the ‘‘1940 Act’’), has filed a communications relating to the Securities and Exchange Commission registration statement on Form N–1A Amended Proposed Rule Change (‘‘SEC’’ or ‘‘Commission’’) the proposed (‘‘Registration Statement’’) relating to between the Commission and any rule change as described in Items I and the Fund with the Commission.5 The person, other than those that may be II below, which Items have been Fund is a series of the Trust. ALPS withheld from the public in accordance prepared by the Exchange. The Advisors, Inc. (‘‘Adviser’’) is the with the provisions of 5 U.S.C. 552, will Commission is publishing this notice to investment adviser to the Fund. ALPS be available for website viewing and solicit comments on the proposed rule Portfolio Solutions Distributor, Inc. is printing in the Commission’s Public change from interested persons. the principal underwriter and Reference Room, 100 F Street NE, distributor of the Fund’s Shares. ALPS Washington, DC 20549, on official I. Self-Regulatory Organization’s Fund Services, Inc. acts as the business days between the hours of Statement of the Terms of Substance of administrator and provides fund 10:00 a.m. and 3:00 p.m. Copies of such the Proposed Rule Change filing also will be available for The Exchange proposes a rule change 3 The Commission approved Nasdaq Rule 5750 in relating to the ALPS Active REIT ETF Securities Exchange Act Release No. 89110 (June 17 22, 2020), 85 FR 38461 (June 26, 2020) (SR– Section 19(b)(2) of the Act, as amended by the (the ‘‘Fund’’) of ALPS ETF Trust (the Securities Acts Amendments of 1975, Public Law NASDAQ–2020–032). 94–29, 89 Stat. 97 (1975), grants the Commission ‘‘Trust’’), to list and trade shares of the 4 The Commission has issued an order, upon flexibility to determine what type of proceeding— Fund under Nasdaq Rule 5750 (‘‘Proxy which the Trust may rely, granting certain either oral or notice and opportunity for written Portfolio Shares’’). The shares of the exemptive relief under the 1940 Act. See comments—is appropriate for consideration of a Investment Company Act Release No. 34181 (Jan. particular proposal by a self-regulatory 21, 2021) (‘‘Exemptive Order’’). organization. See Securities Acts Amendments of 18 17 CFR 200.30–3(a)(12); 17 CFR 200.30– 5 The Registration Statement is available on the 1975, Report of the Senate Committee on Banking, 3(a)(57). Commission’s website at https://www.sec.gov/ Housing and Urban Affairs to Accompany S. 249, 1 15 U.S.C. 78s(b)(1). Archives/edgar/data/1414040/ S. Rep. No. 75, 94th Cong., 1st Sess. 30 (1975). 2 17 CFR 240.19b–4. 000139834420019856/fp0058104_485apos.htm.

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accounting services to the Fund. State In addition, any person or entity, concerning the composition and/or Street Bank and Trust Company acts as including a custodian, Reporting changes to the Fund’s Portfolio and/or the custodian and transfer agent to the Authority,10 distributor, or the Proxy Basket and will be subject to Fund. administrator, who has access to procedures designed to prevent the use Nasdaq Rule 5750(b)(5) provides that nonpublic information regarding the and dissemination of material non- if the investment adviser to the Fund Portfolio or the Proxy Basket or public information regarding the Fund’s investment company issuing Proxy changes thereto, must be subject to Portfolio and/or the Proxy Basket. Portfolio Shares 6 is registered as a procedures designed to prevent the use The Fund intends to qualify each year broker-dealer or is affiliated with a and dissemination of material as a regulated investment company broker-dealer, such investment adviser nonpublic information regarding the under Subchapter M of the Internal will erect and maintain a ‘‘fire wall’’ applicable Fund Portfolio or the Proxy Revenue Code of 1986, as amended. between the investment adviser and Basket or changes thereto. Moreover, if The Fund’s Principal Investment personnel of the broker-dealer or broker- any such person or entity is registered Strategies dealer affiliate, as applicable, with as a broker-dealer or affiliated with a respect to access to information broker-dealer, such person or entity will The investment objective of the Fund concerning the composition and/or erect and maintain a ‘‘fire wall’’ will be to seek total return through changes to the Fund Portfolio 7 and/or between the person or entity and the dividends and capital appreciation. the Proxy Basket.8 In addition, Nasdaq broker-dealer with respect to access to Under normal market conditions,11 the Rule 5750(b)(5) further requires that any information concerning the composition Fund will seek to achieve its investment person related to the investment adviser and/or changes to such Fund Portfolio objective by investing at least 80% of its or Investment Company who makes or Proxy Basket. net assets in exchange-traded equity decisions pertaining to the Investment In the event (a) the Adviser or any securities of real estate investment Company’s Fund Portfolio and/or the sub-adviser registers as a broker-dealer, trusts. Proxy Basket or has access to nonpublic or becomes newly affiliated with a Under the terms of the Exemptive 12 information regarding the Fund broker-dealer, or (b) any new adviser or Order, the Fund’s investments are Portfolio and/or Proxy Basket or sub-adviser is a registered broker-dealer limited to the following: ETFs, changes thereto must be subject to or becomes affiliated with another exchange-traded notes, exchange listed procedures designed to prevent the use broker-dealer, it will implement and common stocks (excluding ‘‘penny and dissemination of material non- will maintain a fire wall with respect to stocks’’ as defined in Rule 3a51–1 under public information regarding the Fund its relevant personnel and/or such the Act), exchange-traded preferred Portfolio or the Proxy Basket or changes broker-dealer affiliate, as applicable, stocks, exchange-traded American thereto.9 regarding access to information Depositary Receipts (ADRs), exchange- traded real estate investment trusts, 6 The term ‘‘Proxy Portfolio Share’’ means a Advisers Act of 1940 (the ‘‘Advisers Act’’). As a exchange-traded commodity pools, security that: (A) Represents an interest in an result, the Adviser and its related personnel are exchange-traded metals trusts, and investment company registered under the subject to the provisions of Rule 204A–1 under the exchange-traded currency trusts, in each Investment Company Act of 1940 (‘‘Investment Advisers Act relating to codes of ethics. This Rule case that are traded on a U.S. securities Company’’) organized as an open-end management requires investment advisers to adopt a code of investment company, that invests in a portfolio of ethics that reflects the fiduciary nature of the exchange contemporaneously with the securities selected by the Investment Company’s relationship to clients as well as compliance with Fund Shares; exchange-traded futures investment adviser consistent with the Investment other applicable securities laws. Accordingly, that trade contemporaneously with the Company’s investment objectives and policies; (B) procedures designed to prevent the communication is issued in a specified aggregate minimum number Fund Shares that are U.S. listed futures and misuse of non-public information by an contracts where the future contract’s in return for a deposit of a specified Proxy Basket investment adviser must be consistent with Rule and/or a cash amount with a value equal to the next 204A–1 under the Advisers Act. In addition, Rule reference asset is an asset that the Fund determined net asset value; (C) when aggregated in 206(4)-7 under the Advisers Act makes it unlawful could invest in directly, or in the case the same specified minimum number, may be for an investment adviser to provide investment redeemed at a holder’s request, which holder will of an index future, is based on an index advice to clients unless such investment adviser has be paid specified Proxy Basket and/or a cash of a type of asset that the Fund could (i) adopted and implemented written policies and amount with a value equal to the next determined procedures reasonably designed to prevent invest in directly; common stocks listed net asset value; and (D) the portfolio holdings for on a foreign exchange that trade on such which are disclosed within at least 60 days violation, by the investment adviser and its following the end of every fiscal quarter. supervised persons, of the Advisers Act and the exchange contemporaneously with the Commission rules adopted thereunder; (ii) 7 The term ‘‘Fund Portfolio’’ means the identities Fund Shares; and cash and cash implemented, at a minimum, an annual review and quantities of the securities and other assets regarding the adequacy of the policies and equivalents (which are short-term U.S. held by the Investment Company that will form the procedures established pursuant to subparagraph (i) Treasury securities, government money basis for the Investment Company’s calculation of above and the effectiveness of their net asset value at the end of the business day. market funds, and repurchase implementation; and (iii) designated an individual 8 agreements). The Fund’s holdings will The term ‘‘Proxy Basket’’ means the identities (who is a supervised person) responsible for and quantities of the securities and other assets administering the policies and procedures adopted conform to the permissible investments included in a basket that is designed to closely track under subparagraph (i) above. the daily performance of the Fund Portfolio, as 10 11 The term ‘‘normal market conditions’’ as used provided in the exemptive relief under the 1940 Act The term ‘‘Reporting Authority’’ in respect of herein, is defined in Nasdaq Rule 5750(c)(4). On a applicable to a series of Proxy Portfolio Shares. The a particular series of Proxy Portfolio Shares means temporary basis, including for defensive purposes, website for each series of Proxy Portfolio Shares the Exchange, an institution, or a reporting service during the initial invest-up period and during shall disclose the following information regarding designated by the Exchange or by the exchange that periods of high cash inflows or outflows, the Fund the Proxy Basket as required under Rule 5750, to lists a particular series of Proxy Portfolio Shares (if may depart from its principal investment strategies; the extent applicable: the Exchange is trading such series pursuant to unlisted trading privileges) as the official source for for example, it may hold a higher than normal (A) Ticker symbol; calculating and reporting information relating to proportion of its assets in cash. During such (B) CUSIP or other identifier; such series, including, but not limited to, the Proxy periods, the Fund may not be able to achieve its (C) Description of holding; Basket; the Fund Portfolio; the amount of any cash investment objective. The Fund may adopt a (D) Quantity of each security or other asset held; distribution to holders of Proxy Portfolio Shares, defensive strategy when the Adviser or any sub- and net asset value, or other information relating to the adviser believes securities in which such Fund (E) Percentage weight of the holding in the issuance, redemption or trading of Proxy Portfolio normally invests have elevated risks due to political portfolio. Shares. A series of Proxy Portfolio Shares may have or economic factors and in other extraordinary 9 An investment adviser to an open-end fund is more than one Reporting Authority, each having circumstances. required to be registered under the Investment different functions. 12 See supra note 4.

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as set forth in the Exemptive Order and halt or suspend trading in the Shares of and other electronic services. the holdings will be consistent with all the Fund. Nasdaq will halt trading in Information regarding the previous requirements in the Exemptive Order. the Shares under the conditions day’s closing price and trading volume Any foreign common stocks held by the specified in Nasdaq Rules 4120 and information for the Shares will be Fund will be traded on an exchange that 4121, including the trading pauses published daily in the financial section is a member of the Intermarket under Nasdaq Rules 4120(a)(11) and of newspapers. Surveillance Group (‘‘ISG’’) or with (12). Proxy Basket for the Proposed Fund which the Exchange has in place a Trading may be halted because of comprehensive surveillance sharing market conditions or for reasons that, in For the Fund, the Proxy Basket will agreement. the view of the Exchange, make trading consist of all of the Fund’s portfolio in the Proxy Portfolio Shares holdings but will be weighted Surveillance inadvisable. These may include: (1) The differently, subject to a minimum The Exchange believes that its extent to which trading is not occurring weightings overlap of 90% with the surveillance procedures are adequate to in the securities and/or the financial Fund’s Portfolio at the beginning of each properly monitor the trading of Proxy instruments composing the Proxy business day. Intraday pricing Portfolio Shares on the Exchange during Basket or Fund Portfolio; or (2) whether information for all constituents of the all trading sessions and to deter and other unusual conditions or Proxy Basket that are exchange-traded, detect violations of Exchange rules and circumstances detrimental to the which includes all eligible instruments the applicable federal securities laws. maintenance of a fair and orderly except cash and cash equivalents, will Trading of Proxy Portfolio Shares on the market are present. Trading in the Proxy be available on the exchanges on which Exchange will be subject to the Portfolio Shares also will be subject to they are traded and through Exchange’s surveillance procedures for Rule 5750(d)(2)(D), which sets forth subscription services. Intraday pricing derivative products. The Exchange will circumstances under which a series of information for cash equivalents will be require the issuer of each series of Proxy Proxy Portfolio Shares may be halted. available through subscription services Portfolio Shares listed on the Exchange and/or pricing services. The Exchange to represent to the Exchange that it will Trading Rules notes that the Fund’s net asset value advise the Exchange of any failure by Nasdaq deems the Shares to be equity (‘‘NAV’’) will form the basis for the Fund to comply with the continued securities, thus rendering trading in the creations and redemptions for the Fund listing requirements, and, pursuant to Shares subject to Nasdaq’s existing rules and creations and redemptions will its obligations under Section 19(g)(1) of governing the trading of equity work in a manner substantively the Exchange Act, the Exchange will securities. Nasdaq will allow trading in identical to that of series of Managed surveil for compliance with the the Shares from 4:00 a.m. until 8:00 Fund Shares.13 The Adviser expects that continued listing requirements. If the p.m., Eastern Time. The Exchange has the Shares of the Fund will generally be Fund is not in compliance with the appropriate rules to facilitate created and redeemed in-kind, with applicable listing requirements, the transactions in the Shares during all limited exceptions. The names and Exchange will commence delisting trading sessions. As provided in Nasdaq quantities of the instruments that procedures under the Nasdaq 5800 Rule 5750(b)(3), the minimum price constitute the basket of securities for Series. In addition, the Exchange also variation for quoting and entry of orders creations and redemptions will be the has a general policy prohibiting the in Proxy Portfolio Shares traded on the same as the Fund’s Proxy Basket, except distribution of material, non-public Exchange is $0.01. to the extent purchases and redemptions information by its employees. Availability of Information are made entirely or in part on a cash The Adviser will upon request make basis. In the event that the value of the available to the Exchange and/or Form N–PORT requires reporting of a Proxy Basket is not the same as the Financial Industry Regulatory Authority fund’s complete portfolio holdings on a Fund’s NAV, the creation and (‘‘FINRA’’), on behalf of the Exchange, position-by-position basis on a quarterly redemption baskets will consist of the the daily Fund Portfolio of each series basis within 60 days after fiscal quarter securities included in the Proxy Basket of Proxy Portfolio Shares. The Exchange end. Investors can obtain a fund’s plus or minus an amount of cash equal believes that this is appropriate because Statement of Additional Information, its to the difference between the NAV and it will provide the Exchange or FINRA, Shareholder Reports, its Form N–CSR, the value of the Proxy Basket, as further on behalf of the Exchange, with access filed twice a year, and its Form N–CEN, described below. to the daily Fund Portfolio of any series filed annually. A fund’s SAI and The Proxy Basket will be constructed of Proxy Portfolio Shares upon request Shareholder Reports are available for utilizing a proprietary algorithmic on an as needed basis. The Exchange free upon request from the Investment process that will be applied to the Fund believes that the ability to access the Company, and those documents and the Portfolio on a daily basis. The Proxy information on an as needed basis will Form N–PORT, Form N–CSR, and Form Basket will be publicly available on the provide it with sufficient information to N–CEN may be viewed on-screen or Fund website before the commencement perform the necessary regulatory downloaded from the Commission’s of trading in Fund Shares on each functions associated with listing and website at www.sec.gov. The Exchange business day. The Proxy Basket will trading series of Proxy Portfolio Shares also notes that the Exemptive Order contain all of the names of the securities on the Exchange, including the ability to provides that an issuer will comply with in the Fund Portfolio, and only the monitor compliance with the initial and Regulation Fair Disclosure, which securities that are in the Fund Portfolio continued listing requirements as well prohibits selective disclosure of any (and also could contain cash to as the ability to surveil for manipulation material non-public information, which represent the Fund Portfolio’s holdings of the Shares. otherwise does not apply to issuers of of cash). The Proxy Basket will have a Proxy Portfolio Shares. Information minimum overlap of 90% with the Fund Trading Halts regarding market price and trading Portfolio at the beginning of each With respect to trading halts, the volume of the Shares will be continually business day, with the precise Exchange may consider all relevant available on a real-time basis throughout factors in exercising its discretion to the day on brokers’ computer screens 13 See Nasdaq Rule 5735.

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percentage of aggregate overlap in proposed Exchange rules applicable to The issuer has represented to the weightings from 90% to 100% to be Proxy Portfolio Shares. Exchange that it will advise the randomly generated each day. Price information for the exchange- Exchange of any failure by the Fund or In addition to the disclosure of the listed instruments held by the Fund, Shares to comply with the continued Proxy Basket, the Fund will also publish including both U.S. and non-U.S. listed listing requirements, and, pursuant to the ‘‘Guardrail Amount’’ on its website equity securities and U.S. exchange- its obligations under Section 19(g)(1) of on each business day before the listed futures will be available through the Act, the Exchange will surveil for commencement of trading in Shares on major market data vendors or securities compliance with the continued listing the Exchange. The Guardrail Amount is exchanges listing and trading such requirements. FINRA conducts certain the maximum deviation between the securities. Moreover, U.S.-listed equity cross-market surveillances on behalf of weightings of the specific securities and securities held by the Fund will trade the Exchange pursuant to a regulatory cash positions in the Proxy Basket from on markets that are a member of ISG or services agreement. The Exchange is the weightings of those specific with which the Exchange has in place responsible for FINRA’s performance securities and cash positions in the a comprehensive surveillance sharing under this regulatory services Fund Portfolio. The Guardrail Amount agreement.14 Any foreign common agreement. If a Fund is not in is intended to ensure that no individual stocks held by the Fund will be traded compliance with the applicable listing security in the Proxy Basket will be on an exchange that is a member of ISG requirements, the Exchange will overweighted or underweighted by more or with which the Exchange has in place commence delisting procedures under than the publicly disclosed percentage a comprehensive surveillance sharing the Nasdaq 5800 Series. when compared to the actual weighting agreement. All futures contracts that the 2. Statutory Basis of each security within the Fund Fund may invest in will be traded on a Nasdaq believes that the proposal is Portfolio as of the beginning of each U.S. futures exchange. The Exchange or consistent with Section 6(b) of the Act business day. The Adviser expects the FINRA, on behalf of the Exchange, or in general and Section 6(b)(5) of the Act, performance of the Proxy Basket and the both, will communicate as needed in particular, in that it is designed to Fund Portfolio to be closely aligned in regarding trading in the Shares, prevent fraudulent and manipulative light of the construction of the Proxy underlying U.S. exchange-listed equity acts and practices, to promote just and Basket, and does not expect the securities, and U.S. exchange-listed equitable principles of trade, to foster futures with other markets and other ‘‘Tracking Error’’ to exceed 1%. cooperation and coordination with entities that are members of ISG, and the ‘‘Tracking Error’’ is defined to mean the persons engaged in facilitating Exchange or FINRA, on behalf of the standard deviation over the past three transactions in securities, and to remove Exchange, or both, may obtain trading months of the daily difference, in impediments to and perfect the information regarding trading such percentage terms, between the Proxy mechanism of a free and open market Basket per Share NAV and that of the instruments from such markets and and, in general, to protect investors and Fund at the end of the business day. other entities. In addition, the Exchange the public interest. The Fund will also disclose the may obtain information regarding The Exchange believes that the entirety of its portfolio holdings, trading in the Shares, underlying equity particular instruments that may be including the name, identifier, market securities, and U.S. exchange-listed included in the Fund Portfolio and value and weight of each security and futures from markets and other entities Proxy Basket do not raise any concerns instrument in the portfolio, at a that are members of ISG or with which related to the Proxy Basket being able to minimum within at least 60 days the Exchange has in place a closely track the NAV of the Fund following the end of every fiscal quarter. comprehensive surveillance sharing because such instruments include only As described above, the Exchange notes agreement. instruments that trade on an exchange that the concept of the Proxy Basket All statements and representations contemporaneously with the Shares. In employed under this structure is made in this filing regarding the addition, the Fund’s Proxy Basket is designed to provide investors with the description of the portfolio or reference designed to reliably and consistently traditional benefits of ETFs while assets, limitations on portfolio holdings correlate to the performance of the protecting the Fund from the potential or reference assets, dissemination and Fund. for front running or free riding of availability of reference assets (as The Adviser anticipates that the portfolio transactions, which could applicable) such as the Fund Portfolio returns between the Fund and its adversely impact the performance of the and Proxy Basket, or the applicability of respective Proxy Basket will have a Fund. Exchange listing rules specified in this consistent relationship and that the filing shall constitute continued listing deviation in the returns between the Additional Information requirements for the Shares. A Fund and its Proxy Basket will be The Exchange represents that the minimum of 100,000 Shares of the Fund sufficiently small such that the Proxy Shares of the Fund will continue to will be outstanding at the Basket will provide authorized comply with all other proposed commencement of trading on the participants, arbitrageurs and other requirements applicable to Proxy Exchange. The Exchange will obtain a market participants (collectively, Portfolio Shares, including the representation from the issuer of the ‘‘Market Makers’’) with a reliable dissemination of key information such Shares of the Fund that the NAV per hedging vehicle that they can use to as the Proxy Basket, the Fund Portfolio, share of the Fund will be calculated effectuate low-risk arbitrage trades in and NAV, suspension of trading or daily and will be made available to all Fund Shares. The Exchange believes removal, trading halts, surveillance, market participants at the same time. that the disclosures provided by the minimum price variation for quoting Fund will allow Market Makers to and order entry, an information circular 14 For a list of the current members of ISG, see understand the relationship between the informing members of the special www.isgportal.com. The Exchange notes that not all performance of the Fund and its Proxy components of the Fund may trade on markets that characteristics and risks associated with are members of ISG or with which the Exchange has Basket. Market Makers will be able to trading in the series of Proxy Portfolio in place a comprehensive surveillance sharing estimate the value of and hedge Shares, and firewalls as set forth in the agreement. positions in the Fund’s Shares, which

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the Exchange believes will facilitate the entry, an information circular informing participants and listing venues, to the arbitrage process and help ensure that members of the special characteristics benefit of investors and the marketplace. the Fund’s Shares normally will trade at and risks associated with trading in the C. Self-Regulatory Organization’s market prices close to their NAV. The series of Proxy Portfolio Shares, and Statement on Comments on the Exchange also believes that competitive firewalls as set forth in the proposed Proposed Rule Change Received From market making, where traders are Exchange rules applicable to Proxy Members, Participants, or Others looking to take advantage of differences Portfolio Shares and the orders in bid-ask spread, will aid in keeping approving such rules. Moreover, U.S.- No written comments were either spreads tight. listed equity securities held by the Fund solicited or received. The Exchange notes that a significant will trade on markets that are a member III. Date of Effectiveness of the amount of information about the Fund of ISG or with which the Exchange has Proposed Rule Change and Timing for and its Fund Portfolio is publicly in place a comprehensive surveillance Commission Action available at all times. Each series will sharing agreement.15 disclose the Proxy Basket, which is All statements and representations Because the foregoing proposed rule designed to closely track the daily made in this filing regarding the change does not: (i) Significantly affect performance of the Fund Portfolio, on a description of the portfolio or reference the protection of investors or the public daily basis. Intraday pricing information assets, limitations on portfolio holdings interest; (ii) impose any significant for all constituents of the Proxy Basket or reference assets, dissemination and burden on competition; and (iii) become that are exchange-traded, which availability of reference asset (as operative for 30 days from the date on includes all eligible instruments except applicable), or the applicability of which it was filed, or such shorter time cash and cash equivalents, will be Exchange listing rules specified in this as the Commission may designate, it has available on the exchanges on which filing shall constitute continued listing become effective pursuant to Section they are traded and through requirements for the Shares. The issuer 19(b)(3)(A) of the Act 16 and Rule 19b– subscription services. Intraday pricing has represented to the Exchange that it 4(f)(6) thereunder.17 information for cash equivalents will be will advise the Exchange of any failure A proposed rule change filed available through subscription services by the Fund or Shares to comply with pursuant to Rule 19b–4(f)(6) under the 18 and/or pricing services. Each series of the continued listing requirements, and, Act normally does not become Proxy Portfolio Shares will at a pursuant to its obligations under operative for 30 days after the date of its 19 minimum publicly disclose the entirety Section 19(g)(1) of the Act, the Exchange filing. However, Rule 19b–4(f)(6)(iii) of its portfolio holdings, including the will surveil for compliance with the permits the Commission to designate a name, identifier, market value and continued listing requirements. A shorter time if such action is consistent weight of each security and instrument minimum of 100,000 Shares of the Fund with the protection of investors and the in the portfolio within at least 60 days will be outstanding at the public interest. The Exchange has asked following the end of every fiscal quarter commencement of trading on the the Commission to waive the 30-day in a manner consistent with normal Exchange. The Exchange will obtain a operative delay. The proposed rule disclosure requirements otherwise representation from the issuer of the change is substantially similar to applicable to open-end investment Shares of the Fund that the NAV per previous proposals on which the companies registered under the 1940 Commission has granted waiver of the share of the Fund will be calculated 20 Act. daily and will be made available to all operative delay, does not raise any The website will include additional market participants at the same time. novel regulatory issues, and the quantitative information updated on a FINRA conducts certain cross-market Commission believes that waiver of the daily basis, including, on a per Share surveillances on behalf of the Exchange 30-day operative delay is consistent basis for the Fund, the prior business pursuant to a regulatory services with the protection of investors and the day’s NAV and the closing price or bid/ agreement. The Exchange is responsible public interest. Therefore, the ask price at the time of calculation of for FINRA’s performance under this Commission hereby waives the such NAV, and a calculation of the operative delay and designates the regulatory services agreement. If a Fund 21 premium or discount of the closing is not in compliance with the applicable proposal as operative upon filing. At any time within 60 days of the price or bid/ask price against such NAV. listing requirements, the Exchange will filing of the proposed rule change, the The website will also disclose any other commence delisting procedures under Commission summarily may information regarding premiums and the Nasdaq 5800 Series. discounts and the bid/ask spread for the For the above reasons, the Exchange 16 Fund as may be required for other ETFs believes that the proposed rule change 15 U.S.C. 78s(b)(3)(A). 17 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– under Rule 6c–11 under the 1940 Act, is consistent with the requirements of 4(f)(6)(iii) requires a self-regulatory organization to as amended. On each business day, Section 6(b)(5) of the Act. give the Commission written notice of its intent to before the commencement of trading of file the proposed rule change, along with a brief Shares, the Fund will publish on its B. Self-Regulatory Organization’s description and text of the proposed rule change, Statement on Burden on Competition at least five business days prior to the date of filing website the Proxy Basket and the of the proposed rule change, or such shorter time Guardrail Amount for that day. The Exchange does not believe that as designated by the Commission. The Exchange The Exchange represents that the the proposed rule change will impose has satisfied this requirement. Shares of the Fund will continue to any burden on competition that is not 18 17 CFR 240.19b–4(f)(6). comply with all other proposed necessary or appropriate in furtherance 19 17 CFR 240.19b–4(f)(6)(iii). requirements applicable to Proxy of the purposes of the Act. Rather, the 20 See Securities Exchange Act Releases No. 90684 (Dec. 16, 2020), 85 FR 83637 (Dec. 22, 2020) Portfolio Shares, including the Exchange notes that the proposed rule (File No. SR–CboeBZX–2020–091) and 90686 (Dec. dissemination of key information such change will facilitate the listing of a new 16, 2020), 85 FR 83657 (Dec. 22, 2020) (File No. SR– as the Proxy Basket, disclosure of the type of actively-managed exchange- CboeBZX–2020–090). Fund Portfolio quarterly, and NAV, traded product, thus enhancing 21 For purposes only of waiving the 30-day operative delay, the Commission also has suspension of trading or removal, competition among both market considered the proposed rule’s impact on trading halts, surveillance, minimum efficiency, competition, and capital formation. See price variation for quoting and order 15 Id. 15 U.S.C. 78c(f).

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temporarily suspend such rule change if submit only information that you wish application,4 and the Commission will it appears to the Commission that such to make available publicly. All consider any comments it receives in action is necessary or appropriate in the submissions should refer to File making its determination whether to public interest, for the protection of Number SR–NASDAQ–2021–005, and approve DDR’s application for investors, or otherwise in furtherance of should be submitted on or before March registration as an SDR and as a SIP. the purposes of the Act. If the 3, 2021. II. Background Commission takes such action, the For the Commission, by the Division of Commission shall institute proceedings Trading and Markets, pursuant to delegated A. SDR Registration, Duties, and Core to determine whether the proposed rule authority.22 Principles change should be approved or J. Matthew DeLesDernier, Section 13(n) of the Exchange Act disapproved. Assistant Secretary. makes it unlawful for any person, unless IV. Solicitation of Comments [FR Doc. 2021–02711 Filed 2–9–21; 8:45 am] registered with the Commission, Interested persons are invited to BILLING CODE 8011–01–P directly or indirectly, to make use of the submit written data, views, and mails or any means or instrumentality of arguments concerning the foregoing, interstate commerce to perform the including whether the proposed rule SECURITIES AND EXCHANGE functions of an SDR.5 To be registered change is consistent with the Act. COMMISSION and maintain registration, an SDR must Comments may be submitted by any of comply with certain requirements and the following methods: [Release No. 34–91071; File No. SBSDR– core principles described in Section 2020–01] 13(n), as well as any requirements that Electronic Comments the Commission may impose by rule or • Use the Commission’s internet Security-Based Swap Data regulation.6 In 2015, the Commission comment form (http://www.sec.gov/ Repositories; DTCC Data Repository adopted 17 CFR 240.13n–1 to 13n–12 rules/sro.shtml); or (U.S.), LLC; Notice of Filing of under the Exchange Act to establish • Send an email to rule-comments@ Application for Registration as a Form SDR, the procedures for sec.gov. Please include File Number SR– Security-Based Swap Data Repository registration as an SDR, and the duties NASDAQ–2021–005 on the subject line. and core principles applicable to an February 5, 2021. 7 Paper Comments SDR (‘‘SDR Rules’’). The Commission I. Introduction • provided a temporary exemption from Send paper comments in triplicate compliance with the SDR Rules and also to Secretary, Securities and Exchange On December 22, 2020, DTCC Data extended exemptions from the Commission, 100 F Street NE, Repository (U.S.), LLC (‘‘DDR’’) filed provisions of the Dodd-Frank Act set Washington, DC 20549–1090. with the Securities and Exchange forth in a Commission order providing All submissions should refer to File Commission (‘‘Commission’’) an temporary exemptions and other Number SR–NASDAQ–2021–005. This application on Form SDR to register as temporary relief from compliance with file number should be included on the a security-based swap data repository certain provisions of the Exchange Act subject line if email is used. To help the (‘‘SDR’’) pursuant to Section 13(n)(1) of concerning security-based swaps, and Commission process and review your the Securities Exchange Act of 1934 these temporary exemptions expired in (‘‘Exchange Act’’) and 17 CFR 240.13n– comments more efficiently, please use 2017.8 1 (‘‘Rule 13n–1’’) thereunder,1 and as a only one method. The Commission will The Commission also has adopted 17 securities information processor (‘‘SIP’’) post all comments on the Commission’s CFR 242.900 to 909 under the Exchange under Section 11A(b) of the Exchange internet website (http://www.sec.gov/ Act (collectively, ‘‘Regulation SBSR’’), Act.2 DDR intends to operate as a rules/sro.shtml). Copies of the which governs regulatory reporting and registered SDR for security-based swap submission, all subsequent public dissemination of security-based (‘‘SBS’’) transactions in the equity, amendments, all written statements swap transactions.9 Among other things, credit, and interest rate derivatives asset with respect to the proposed rule Regulation SBSR requires each classes.3 The Commission is publishing change that are filed with the registered SDR to register with the this notice to solicit comments from Commission, and all written Commission as a SIP,10 and the Form interested persons regarding DDR’s communications relating to the SDR constitutes an application for proposed rule change between the 22 17 CFR 200.30–3(a)(12). Commission and any person, other than 4 The descriptions set forth in this notice 1 15 U.S.C. 78m(n)(1); 17 CFR 240.13n–1. A copy those that may be withheld from the regarding the structure and operations of DDR have of DDR’s application on Form SDR and non- been derived, excerpted, or summarized from DDR’s public in accordance with the confidential exhibits thereto are available for public application on Form SDR. provisions of 5 U.S.C. 552, will be viewing on the Commission’s website. In 2016, DDR 5 available for website viewing and submitted a prior application for registration as an 15 U.S.C. 78m(n). 6 printing in the Commission’s Public SDR. See Release No. 34–78216 (June 30, 2016), 81 Id. FR 44379 (July 7, 2016); Release No. 34–81302 7 See Release No. 34–74246 (Feb. 11, 2015), 80 FR Reference Room, 100 F Street NE, (Aug. 3, 2017), 82 FR 37276 (Aug. 9, 2017). DDR 14438, 14438 (Mar. 19, 2015) (‘‘SDR Adopting Washington, DC 20549 on official withdrew this prior application in 2018. See Letter Release’’). In 2016, the Commission subsequently business days between the hours of from Chris Childs, Managing Director, DDR, Mar. amended 17 CFR 240. 13n–4 to address third-party 10:00 a.m. and 3:00 p.m. Copies of the 27, 2018, https://www.sec.gov/divisions/marketreg/ regulatory access to SBS data obtained by an SDR. sdr/dtcc-sdr-application-withdrawal-letter- See Release No. 34–78716 (Aug. 29, 2016), 81 FR filing also will be available for 032718.pdf. 60585 (Sep. 2, 2016). inspection and copying at the principal 2 15 U.S.C. 78k–1(b). 8 See Release No. 34–80359 (Mar. 31, 2017), 82 FR office of the Exchange. All comments 3 DDR has included the interest rate asset class in 16867 (Apr. 6, 2017). received will be posted without change. its application based on feedback from potential 9 Release No. 34–74244 (Feb. 11, 2015), 80 FR Persons submitting comments are users of its SDR services. The potential users have 14563 (Mar. 19, 2015); Release No. 34–78321 (July identified certain types of transactions that will be 14, 2016), 81 FR 53546 (Aug. 12, 2016). Regulation cautioned that we do not redact or edit reported through DDR’s infrastructure for interest SBSR and the SDR Rules are referred to collectively personal identifying information from rate derivatives as falling within the Exchange Act as the ‘‘SBS Reporting Rules.’’ comment submissions. You should definition of an SBS transaction. 10 See 17 CFR 242.909.

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registration as a SIP, as well as an of an SDR if it does not make any such comparable Commodity Futures Trading SDR.11 finding.17 Similarly, to be registered Commission (‘‘CFTC’’) requirements.23 In 2019, the Commission stated that with the Commission as a SIP, the Accordingly, in such instances the implementation of the SBS Reporting Commission must find that such Commission will not assess an SDR Rules can and should be done in a applicant is so organized, and has the application for consistency or manner that carries out the fundamental capacity, to be able to assure the compliance with the rule provisions policy goals of the SBS Reporting Rules prompt, accurate, and reliable included in the Commission’s no-action while minimizing burdens as much as performance of its functions as a SIP, statement. Specifically, the Commission practicable.12 Noting ongoing concerns comply with the provisions of the identified the following provisions as among market participants about Exchange Act and the rules and not providing a basis for an enforcement incurring unnecessary burdens and the regulations thereunder, carry out its action against a registered SDR for the Commission’s efforts to promote functions in a manner consistent with duration of the relief provided in the harmonization between the SBS the purposes of the Exchange Act, and, Commission statement: Under Reporting Rules and swap reporting insofar as it is acting as an exclusive Regulation SBSR, aspects of 17 CFR rules, the Commission took the position processor, operate fairly and 242.901(a), 901(c)(2) through (7), 901(d), that, for four years following Regulation efficiently.18 901(e), 902, 903(b), 906(a) and (b), and SBSR’s Compliance Date 1 in each asset In determining whether an applicant 907(a)(1), (a)(3), and (a)(4) through (6); class,13 certain actions with respect to meets the criteria set forth in Rule 13n– under the SDR Rules, aspects of Section the SBS Reporting Rules would not 1(c), the Commission will consider the 13(n)(5)(B) of the Exchange Act and 17 provide a basis for a Commission information reflected by the applicant CFR 240.13n–4(b)(3) thereunder, and enforcement action.14 The no-action on its Form SDR, as well as any aspects of 17 CFR 240.13n–5(b)(1)(iii); statement’s relevance to DDR’s additional information obtained from and under Section 11A(b) of the application for registration as an SDR the applicant. For example, Form SDR Exchange Act, any provision pertaining and SIP is discussed further below. requires an applicant to provide a list of to SIPs.24 Thus, an SDR applicant will B. Standard for Registration the asset classes for which the applicant not need to include materials in its is collecting and maintaining data or for application explaining how it would As noted above, to be registered with which it proposes to collect and comply with the provisions noted the Commission as an SDR and maintain data, a description of the above, and could instead rely on its maintain such registration, an SDR is functions that it performs or proposes to discussion about how it complies with required to comply with the perform, general information regarding comparable CFTC requirements.25 The requirements and core principles its business organization, and contact applicant may instead represent in its described in Section 13(n) of the information.19 Obtaining this application that it: (i) Is registered with Exchange Act, as well as with any information and other information the CFTC as a swap data repository; (ii) requirement that the Commission may reflected on Form SDR and the exhibits is in compliance with applicable impose by rule or regulation.15 In thereto—including the applicant’s requirements under the swap reporting addition, Rule 13n–1(c)(3) under the overall business structure, financial rules; (iii) satisfies the standard for Exchange Act provides that the condition, track record in providing Commission registration of an SDR Commission shall grant the registration access to its services and data, under Rule 13n–1(c); and (iv) intends to of an SDR if it finds that the SDR is so technological reliability, and policies rely on the no-action statement included organized, and has the capacity, to be and procedures to comply with its in the ANE Adopting Release for the able to: (i) Assure the prompt, accurate, statutory and regulatory obligations— period set forth in the ANE Adopting and reliable performance of its functions will enable the Commission to Release with respect to any SBS asset as an SDR; (ii) comply with any determine whether to grant or deny an class or classes for which it intends to applicable provisions of the securities application for registration.20 accept transaction reports.26 laws and the rules and regulations Furthermore, the information requested thereunder; and (iii) carry out its III. Summary of DDR’s Application on in Form SDR will enable the functions in a manner consistent with Form SDR Commission to assess whether the the purposes of Section 13(n) of the applicant is so organized and has the As noted above, DDR intends to Exchange Act and the rules and capacity to comply and carry out its operate as a registered SDR for the regulations thereunder.16 The functions in a manner consistent with equity, credit, and interest rate Commission shall deny the registration the federal securities laws and the rules derivatives asset classes.27 In its and regulations thereunder, including application, DDR represents that it is 11 See Form SDR, Instruction 2. 21 provisionally registered with the CFTC 12 Release No. 34–87780 (Dec. 18, 2019), 85 FR the SBS Reporting Rules. 6270, 6347 (Feb. 4, 2020) (‘‘ANE Adopting Consistent with the Commission’s no- as a swap data repository, is in Release’’). action statement in the ANE Adopting compliance with applicable 13 See id. Under Regulation SBSR, the first Release,22 an entity wishing to register requirements under the CFTC reporting compliance date (‘‘Compliance Date 1’’) for affected with the Commission as an SDR must rules applicable to a registered swap persons with respect to an SBS asset class is the first Monday that is the later of: (i) Six months after still submit an application on Form SDR data repository, and intends to rely on the date on which the first SDR that can accept but can address the rule provisions transaction reports in that asset class registers with included in the no-action statement by 23 See supra note 14. the Commission; or (ii) one month after the discussing how the SDR complies with 24 The ANE Adopting Release provides additional compliance date for registration of SBS dealers and discussion of the particular aspects of the affected major SBS participants (‘‘SBS entities’’). Id. at 6346. rules that would not provide a basis for an The compliance date for registration of SBS entities 17 Id. enforcement action. See ANE Adopting Release, is October 6, 2021. See id. at 6270, 6345. 18 See 15 U.S.C. 78k–1(b)(3). supra note 12, at 6347–48. 14 See id. The specific rule provisions of the SBS 19 See SDR Adopting Release, supra note 7, at 25 Id. at 6348. Reporting Rules affected by the no-action statement 14459. 26 Id. For example, an applicant need not describe are discussed in Part II.B. 20 See id. at 14458. in Exhibit S its functions as a SIP. 15 See 15 U.S.C. 78m(n)(3). 21 See id. at 14458–59. 27 See Rulebook, Ex. HH, sec. 3.1; see also 16 17 CFR 240.13n–1(c)(3). 22 See supra notes 12–14 and accompanying text. Disclosure Document, Ex. D6, sec. 1.

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the Commission’s position outlined in applicable law in jurisdictions where conflicts of interest involving DDR staff, the ANE Adopting Release for DDR is registered, designated, the DDR CCO, DDR’s senior officer, the applicable reporting rules and SBSDR recognized or otherwise licensed; (b) in audit committee, and the DDR Board duties for the period set forth therein.28 consultation with the DDR Board or the consider all relevant facts and Below is an overview of the Senior Officer, resolve any conflicts of circumstances.41 With regard to director representations made in the application interests that may arise, including, but conflicts of interest, the application materials. not limited to, conflicts between provides that a director conflict is business considerations and compliance present whenever the interests of DDR A. Organization and Governance requirements, conflicts between compete with the interests of a director DDR is a New York limited liability business considerations and compliance or any party associated with a company and a wholly owned requirements for fair and open access, director.42 The application also subsidiary of DTCC Deriv/SERV LLC and conflicts between the management provides that a director conflict is (‘‘Deriv/SERV’’), which in turn is a and members of the DDR Board; (c) present whenever a director’s corporate wholly owned subsidiary of The establish and administer written or personal interests could be Depository Trust & Clearing Corporation policies and procedures reasonably reasonably viewed as affecting his or her (‘‘DTCC’’).29 DDR is governed by a board designed to prevent violation of law; (d) objectivity or independence in fulfilling of directors (‘‘DDR Board’’).30 The take reasonable steps to ensure his or her duties.43 According to the number of directors on the DDR Board compliance with applicable law relating application materials, DDR expects its is determined by Deriv/SERV as the sole to agreements, contracts or transactions directors to act on the side of caution LLC member of DDR.31 The DDR Board and confidentiality agreements entered and immediately bring to the attention is composed of individuals selected into with foreign or domestic regulators; of the DDR CCO and either the Board from the following groups: Employees of (e) establish procedures for the Chairman or DDR’s legal counsel any DDR’s users (either fees paying users or remediation of non-compliance issues matters involving conflicts of interest.44 end users) with derivatives industry identified by the CCO through a B. Access and Information Security experience, buy-side representatives, compliance office review, look-back, independents, and members of senior internal or external audit finding, self- According to DDR, access to and management or the Board of DTCC.32 reported error, or validated complaint; usage of its SDR service will be The Deriv/SERV Nominations (f) notify the DDR Board as soon as available to all market participants that Committee shall periodically review the practicable upon becoming aware of a engage in SBS transactions, and DDR composition of the DDR Board to assure circumstance indicating that DDR, or an does not and will not bundle or tie its that the level of representation of individual acting on its behalf, is in SDR services with any other services.45 directors from users, management and non-compliance with the applicable The application provides that DDR’s non-users is appropriate for the interests laws of a jurisdiction in which it services would be available to all market of these constituencies in DDR.33 operates and either: (1) The non- participants on a fair, open, and equal In addition, the DDR Board is compliance creates a risk to a user; (2) basis.46 Further, DDR does not impose responsible for the appointment and the non-compliance creates a risk of membership qualifications on users of removal of the chief compliance officer harm to the capital markets in which it its services beyond (i) requiring (‘‘CCO’’) and approval of CCO operates; (3) the non-compliance is part execution of membership documents, compensation, which is at the discretion of a pattern of non-compliance; or (4) such as a user agreement, (ii) the ability of the Board and effected by a majority the non-compliance may have an impact to comply with the technical vote.34 The CCO is responsible for on DDR’s ability to carry on business as specifications published by DDR, and establishing and administering the a trade repository in compliance with (iii) compliance with applicable law, compliance program that is designed to applicable law; (g) establish and follow specifically those related to sanctions prevent violations of the obligations of appropriate procedures for the handling, administered and enforced by the Office a swap data repository under the Dodd- management response, remediation, of Foreign Assets Control of the U.S. Frank Act and other applicable retesting and closing of noncompliance Department of the Treasury (‘‘OFAC’’).47 regulations and is ultimately issues; (h) establish and administer a To be granted access to the DDR responsible for ensuring that DDR written code of ethics; and (i) prepare system, receive trade information, complies with the requirements of the and sign an annual compliance report in confirm or verify transactions, submit Commodity Exchange Act, the accordance with applicable regulations messages, or receive reports, a market Securities Exchange Act and other and associated recordkeeping.37 In participant must be an onboarded 48 applicable laws and regulations.35 The addition, the application provides that user. For those market participants Chief Compliance Officer has oversight the CCO or a delegate thereof has the that onboard, DDR will provide a over all compliance functions and staff authority to investigate any potential mechanism for users to access the DDR related to DDR’s compliance program.36 rule violation and is responsible for system to confirm and verify The duties of the CCO include, but are enforcing sanctions related to violations transactions. Users are required to not limited to, the following: (a) Oversee and for following the procedures maintain at least two Super Access and review DDR’s compliance with outlined for DDR system restrictions.38 Coordinators (‘‘SuperACs’’) on the DDR The CCO, in consultation with the System; SuperACs are responsible for: 28 See Form SDR, cover letter from Katherine DDR Audit Committee, will resolve all (1) Providing access to other individuals Delp, General Manager, DTCC Data Repository conflicts of interest.39 Any conflict of (referred to as ‘‘ACs’’) who are eligible (U.S.) LLC. interest not resolved by the DDR Audit 29 Rulebook, Ex. HH, sec. 2.1. 41 Id. 30 Id. at sec. 2.2. Committee shall be escalated to the DDR 42 Rulebook, Ex. HH, sec. 11.2. 40 31 Id. Board for resolution. When resolving 43 Id. 32 Id. 44 Id. at sec. 11.3. 33 Id. 37 Rulebook, Ex. HH, sec. 2.3. 45 See id. at sec. 1.1. 34 Rulebook, Ex. HH, sec. 2.3. 38 Rulebook, Ex. HH, sec. 10.5. 46 See id. 35 Ex. P. 39 Rulebook, Ex. HH, sec. 11.1. 47 See id. 36 Id. 40 Id. 48 See id.

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to access the System and use the SDR Rulebook provides that any such security are routinely refreshed.65 Services on behalf of the user; and (2) applicants would receive notice and an According to DDR, the Technology Risk removing access for any individuals opportunity for a hearing in the event Management Team carries out a series of who should no longer access the System that DDR declines an application.57 The processes to endeavor to ensure DDR is on behalf of the user.49 DDR Rulebook also provides that, if the protected in a cost-effective and To participate in the SDR services denial of an application is reversed by comprehensive manner, while still offered by DDR, each user will be the DDR Board or by the Commission meeting the requirements of applicable required to enter into a user agreement; pursuant to Section 11A of the regulations.66 This includes preventive by entering into a user agreement each Exchange Act, such application will be controls such as firewalls, appropriate user agrees to be bound by the terms of accepted and the applicant granted encryption technology, and the user agreement and DDR Operating access following completion of authentication methods.67 Vulnerability Procedures, which incorporate terms of onboarding requirements.58 scanning is used to identify high risks DDR’s Rulebook.50 In addition, the DDR With respect to DDR temporarily to be mitigated and managed and to Rulebook provides that each user must denying a user access to or imposing measure conformance against the comply with all reasonable requests by restrictions on its use of the DDR policies and standards.68 DDR for information, documentation, or system, the DDR Rulebook provides that The DDR system is supported by data concerning such user and related to DDR may take such action where a user: DTCC and relies on the disaster such user’s use of the DDR system as (i) Violates DDR rules; (ii) refuses to or recovery program maintained by DDR may deem necessary.51 The DDR neglects to comply with any direction DTCC.69 To enable DDR to provide Rulebook also states that DDR has the DDR deems reasonably necessary to timely resumption of critical services right to audit or inspect a user (and its protect its systems and other users; (iii) should there be any disruption to its facilities) with respect to its use of the or any error, delay, or other conduct that business, DDR follows these key DDR system, upon reasonable notice.52 materially and adversely affects the principles for business continuity and Furthermore, the DDR Rulebook operations of DDR (each a ‘‘Subject disaster recovery: (i) Achieve recovery provides that users must cooperate with Event’’).59 Limits to the activities, of critical services within a four-hour such audits or inspections and with functions, or operation of users may window with faster recovery time in other inquiries by DDR concerning their include, but are not limited to, less extreme situations; (ii) disperse staff 53 use of the DDR system. restricting access to the DDR system or across geographically diverse operating The DDR Operating Procedures a user’s ability to submit data via a non- facilities; (iii) operate multiple back-up provide that each user agrees to defend approved source and assessing users data centers linked by a highly resilient and indemnify DDR from and against all with all costs incurred by DDR in network technology; (iv) maintain reasonable losses, liabilities, damages, connection with a ‘‘Subject Event’’ and emergency command and out-of-region judgments, settlements, fines, costs, and apply any deterrent financial penalties operating control; (v) utilize new expenses DDR may incur directly that DDR may deem necessary.60 The technology which provides high- arising out of or directly relating to the DDR Rulebook provides that DDR is volume, high-speed, asynchronous data acts or omissions of a user’s required to provide prompt notice to the transfer over distances of 1,000 miles or participation or failure to participate designated regulators of any such more; (vi) maintain processes that (for itself or on behalf of others) in action,61 as well as furnish the user with mitigate marketplace, operational and DDR’s services or DDR’s system, any a concise written statement describing cyber-attack risks; (vii) test continuity unauthorized access to DDR’s system plan readiness and connectivity on a the Subject Event applicable to the through such user’s interface with regular basis ensuring that users and user.62 DDR’s system, or any other matter third-party vendors/service providers In addition, the DDR Rulebook directly relating to such user that is not can connect to DDR’s primary and back- provides that DTCC has established a the responsibility of DDR under the up sites; (viii) communicate on an Technology Risk Management Team, DDR Operating Procedures, except to emergency basis with the market, users whose role is to manage information the extent that such losses arise out of and government agency decision- security risk and ensure the availability, or relate to the DDR’s negligence or makers; and (ix) evaluate, test, and integrity, and confidentiality of the willful misconduct.54 utilize best business continuity and organization’s information assets.63 DDR With respect to prohibiting or limiting resiliency practices.70 a person’s access to SDR services, the will be responsible for monitoring the DDR Rulebook outlines the process performance of DTCC regarding C. Acceptance and Use of SBS Data required for DDR to decline an implementation and maintenance of The application provides that DDR application to become a user of SDR information security within its will provide Market Participants with services.55 For example, DDR may deny infrastructure.64 The DDR Rulebook the ability to submit data for over-the- an applicant’s access to the DDR system specifies that various policies have been counter (‘‘OTC’’) derivatives for credits, if required pursuant to applicable law developed to provide the framework for equities, rates, foreign exchange (‘‘FX’’) (e.g., due to sanctions against the both physical security and information and other commodity asset classes.71 application administered and enforced DDR may reject a transaction record by OFAC or the Canadian Government’s 57 See id. submitted due the submission failing to 58 Office of the Superintendent of See id. meet DDR validations, including but not 59 See id. at sec. 10.4.1. Financial Institutions).56 The DDR limited to the submission failing to be 60 See id. 61 See id. 49 Id. at sec. 1.2. 65 62 See id. at sec. 10.4.2 (setting out DDR’s Id. at sec. 9.2. 50 Id. at sec. 1.3. procedures for restrictive proceedings, including 66 Id. 51 Id. at sec. 10.5. the user’s response to the Subject Event written 67 Id. 52 Id. statement, the user’s opportunity for a hearing, and 68 Id. 53 Id. the user’s right to apply for review to the DDR 69 See id. at sec. 8.1. 54 Id., app. A, at sec. 9. Board). 70 See id. 55 See id. at sec. 10.2. 63 Id. at sec. 9.2. 71 Id. at sec. 3.1; see also Disclosure Document, 56 See id. 64 Id. at sec. 9.1. Ex. D6, sec. 1.

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in a format that can be ingested by DDR, Management Fees.80 DDR charges a DDR’s fee policy further provides that failing to meet jurisdictional monthly ‘‘Position Maintenance Fee,’’ users will have the option to elect to requirements or failing to provide based on the number of positions open enter into a long-term commitment for required data elements.72 A rejected at any time during the applicable month a period ending December 31, 2024 submission is deemed not to have been and which decreases as the number of (‘‘Long Term Commitment’’), which submitted at all with respect to open positions increases on a tiered would reduce the applicable Position reporting to the jurisdiction for which it basis.81 Position count includes Maintenance Fee and Account was rejected (it is possible that one positions even if terminated or exited Management Fee by ten percent, 82 transaction record is submitted to prior to the month end. Platforms, as exclusive of tax, for the duration of the comply with reporting in more than one that term is defined by Commission Long-Term Commitment.92 If the Long jurisdiction and may be acceptable for rules,83 are not charged position 84 Term Commitment is terminated prior one jurisdiction, but rejected for the maintenance fees. For a position to the end of the applicable Long Term other).73 Upon submission, the DDR where a clearing agency (‘‘Clearer’’) is a Commitment period, DDR explains that System will perform validation checks counterparty, the Clearer shall be the non-Clearer User will be subject to to ensure that each submitted record is responsible for the Position complete and accurate, in accordance Maintenance Fee, less a 75% an early termination fee equal to: (a) The DDR’s message ingestion reduction.85 For all other positions, the difference between the total amount of requirements.74 This process is Reporting Side, as that term is defined fees due after application of the Long completed through validation and by Commission rules,86 will be Term Commitment incentive and the consistency checks.75 If the record fails responsible for Position Maintenance total amount of fees that would have these validation or consistency checks, Fees.87 For entities grouped as a single been due during the applicable portion the record will be rejected, and such account with subaccounts (‘‘Grouped of the Long Term Commitment period rejection status will be communicated to Accounts’’), positions will be aggregated had no incentive been provided (‘‘Total the user(s) to correct and re-submit.76 for purposes of determining position Incentive Provided’’); plus (b) the According to DDR, the SDR process is count threshold and to determine the greater of five percent of the Total an end-to-end straight through process; applicable tiered Position Maintenance Incentive Provided or $500.00.93 from the receipt of data, processing and Fees.88 E. Recordkeeping maintenance of data, and dissemination In addition to the Position of data, processes are automated and do Maintenance Fee, the application The DDR Rulebook provides that DDR not require manual intervention; this indicates that DDR will charge an will maintain all information as straight through processing model is a annual ‘‘Account Management Fee,’’ required by applicable law as well as key mitigant to modification or currently set at $1,200.00, that will maintain swap and security-based swap 77 invalidation of any data. apply to all accounts and will be data throughout the existence of the DDR’s Operating Procedures provides prorated in the year the account is swap and security-based swap and for that DDR and each user agrees that each opened.89 Accounts may be set up on an 15 years following termination of the will treat as confidential (both during individual entity basis or, in certain swap or security-based swap or as and after the termination of a user’s instances, as Grouped Accounts, such as access to DDR’s system) all confidential a corporate family 90 that chooses to otherwise required by applicable 94 information (defined as: (i) With respect structure its account as a single account regulations. The records will be to DDR, transaction data specified in with subaccounts for affiliates or an readily accessible throughout the life of records received by DDR and any data, asset manager that chooses to structure a swap or security-based swap and for reports, summaries or payment amounts its account as a single account with 5 years following its termination and which may be produced as a result of subaccounts for its managed funds. shall be in an electronic format that is processing such transaction data, and Grouped Accounts will be charged one non-rewriteable and non-erasable.95 For (ii) with respect to any user, the Account Management Fee.91 the remainder of the retention period, technical specifications of DDR’s system the swap or security-based swap record (to the extent not publicly disclosed by 80 See Ex. M. will be retrievable within 3 business DDR; but confidential information does 81 The Position Maintenance Fees only apply for days.96 In the event DDR ceases doing not include data distributed to the a position count of five hundred or more open business or ceases to be a registered or positions during any month. See id. For examples public in accordance will applicable of the calculation of the Position Maintenance Fee, designated trade repository it shall 78 law). see Annex A to Exhibit M of the application. continue, for a period of not less than 82 D. Fees See Ex. M. five (5) years or upon transfer to the 83 See 17 CFR 242.900(v) (defining ‘‘platform’’ as Designated Regulator or its designee or The application includes DDR’s fee a national securities exchange or security-based another registered or designated trade schedules.79 There are two types of fees, swap execution facility that is registered or exempt from registration). repository for that jurisdiction, to Position Maintenance Fees and Account 84 See Ex. M. preserve, maintain, and make accessible 85 See id. to each Designated Regulator or its 72 Rulebook, Ex. HH, sec. 1.3. 86 See 17 CFR 242.900(gg) (defining ‘‘reporting designee, the records and data required 73 Id. side’’ as the side of a security-based swap identified 74 Id. at sec. 10.1.1. by Rule 901(a)(2) as having the duty to report the by Applicable Regulation in accordance 75 Id. transaction). with DDR’s Wind-Down Policies and 76 Id. 87 See Ex. M. Procedures document.97 77 Ex. EE. 88 See id. 78 89 See id. Rulebook, Ex. HH, app. A, sec. 8; see also 92 See id. Disclosure Document, Ex. D6, sec. 5 (DDR’s privacy 90 DDR organizes its users into families (each, a 93 See id. and confidentiality policies and procedures). ‘‘Family’’) as directed by the users (through User 94 Rulebook, Ex. HH, sec. 1.4.1. 79 See Ex. M. Additionally, DDR provides a fee Agreements or in such other manner as designated 95 schedule for DDR Users on its website at http:// by DDR from time to time) that desire to be so Id. www.dtcc.com/derivatives-services/global-trade- organized. See Rulebook, Ex. HH, app. A, sec. 2. 96 Id. repository/gtr-us. 91 See id. 97 Id.

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F. Disclosure its discussion about how it complies information from comment submissions. DDR publishes a disclosure document with comparable CFTC requirements You should submit only information to provide a summary of information pertaining to regulatory reporting and that you wish to make available regarding its service offerings and the public dissemination of swap publicly. All submissions should refer SBS data it maintains.98 Specifically, transactions. to File Number SBSDR–2020–01 and the disclosure document sets forth a IV. Solicitation of Comments should be submitted on or before March description of the following: (i) A 3, 2021. Interested persons are invited to description of access to services offered submit written data, views, and By the Commission. and swap data maintained; (ii) criteria arguments concerning DDR’s Form SDR, J. Matthew DeLesDernier, for those seeking to connect to or link including whether DDR has satisfied the Assistant Secretary. with its SDR; (iii) criteria for those requirements for registration as an SDR [FR Doc. 2021–02755 Filed 2–9–21; 8:45 am] seeking to connect to or link with DDR and as a SIP. Commenters are requested, BILLING CODE 8011–01–P systems; (iv) policies and procedures to the extent possible, to provide with respect to DDR systems safeguards; empirical data and other factual support (v) policies and procedures related to for their views. Comments may be DEPARTMENT OF STATE privacy and confidentiality; (vi) policies submitted by any of the following and procedures regarding its non- methods: [Public Notice: 11353] commercial and commercial use of transaction data; 99 (vii) procedures for Electronic Comments Notice of Public Meeting in Preparation dispute resolution; (viii) fees, rates, dues • Use the Commission’s internet for International Maritime Organization and other charges; and (ix) governance comment form (http://www.sec.gov/ Meeting arrangements.100 rules/proposed.shtml); or • Send an email to rule-comments@ The Department of State will conduct G. Regulatory Reporting and Public a public meeting by way of Dissemination sec.gov. Please include File Number SBSDR–2020–01 on the subject line. teleconference on Thursday, March 11, As a registered SDR, DDR would carry 2021 starting at 1:00 p.m. eastern out an important role in the regulatory Paper Comments standard time. Members of the public reporting and public dissemination of • Send paper comments to Secretary, may participate up to the capacity of the SBS transactions. As noted above, DDR Securities and Exchange Commission, teleconference phone line, which will has stated that it intends to rely on the 100 F Street NE, Washington, DC handle 500 participants. To access the no-action statement included in the 20549–1090. All submissions should teleconference line, participants should ANE Adopting Release for the period set refer to File Number SBSDR–2020–01. call (202) 475–4000 and use Participant forth in the ANE Adopting Release with To help the Commission process and Code: 138 541 34#. respect to any SBS asset class or classes review your comments more efficiently, The primary purpose of the meeting is for which it intends to accept please use only one method of to prepare for the eighth session of the transaction reports.101 Therefore, DDR submission. The Commission will post International Maritime Organization’s does not need to include materials in its all comments on the Commission’s (IMO) Sub-Committee on Pollution application explaining how it would internet website (http://www.sec.gov/ Prevention and Response (PPR 8) to be comply with the provisions of the SBS rules/other.shtml). held remotely on March 22–26, 2021. Reporting Rules noted in the no-action Copies of the Form SDR, all The agenda items to be considered statement.102 Instead, DDR may rely on subsequent amendments, all written include: statements with respect to the Form —Adoption of the agenda 98 See Disclosure Document, Ex. D6. SDR that are filed with the Commission, —Decisions of other IMO bodies 99 See also Rulebook, Ex. HH, sec. 6.3 (‘‘As part and all written communications relating —Safety and pollution hazards of of the SDR Services, DDR receives and collects swap and security-based swap data in the ordinary to the Form SDR between the chemicals and preparation of course of its business from various Market Commission and any person, other than consequential amendments to the IBC Participants and registered entities for the purpose those that may be withheld from the Code of maintaining a centralized recordkeeping facility public in accordance with the —Review of the 2011 Guidelines for the for swaps and security-based swaps. The collection and maintenance of this data is designed to enhance provisions of 5 U.S.C. 552, will be control and management of ships’ the transparency, promote standardization and available for website viewing and biofouling to minimize the transfer of reduce systemic risk by making this data available printing in the Commission’s Public invasive aquatic species to regulators and the public pursuant to Applicable Reference Section, 100 F Street NE, —Reduction of the impact on the Arctic Law. Therefore, access to data maintained by DDR to Market Participants is generally prohibited, Washington, DC 20549, on official of emissions of Black Carbon from except to either counterparty to that particular swap business days between the hours of international shipping or security-based swap, such counterparty’s 10:00 a.m. and 3:00 p.m. —Development of measures to reduce authorized third party service providers or other All comments received will be posted risks of use and carriage of heavy fuel parties specifically authorized by the User or without change. Persons submitting counterparty pursuant to Rule 1.3 or 6.4, or to other oil as fuel by ships in Arctic waters regulators or entities in accordance with Rule 6.5 comments are cautioned that we do not —Revision of MARPOL Annex IV and below. DDR shall not, as a condition of the redact or edit personal identifying associated guidelines to introduce reporting of swap or security-based swap provisions for record-keeping and transaction data, require a Reporting Party to of Regulation SBSR. See Exhibit HH2, sec. 4.4 measures to confirm the lifetime consent to the use of reported data for commercial (regarding Unique Product Identifiers). The DDR or business purposes. DDR shall not make application also includes a provision explaining performance of sewage treatment commercial use of real-time swap data prior to its how DDR would comply with a condition to the no- plants public dissemination.’’). action statement included in the ANE Adopting —Follow-up work emanating from the 100 See id. Release. See Exhibit GG2, sec. 15.2.3.2 (providing, Action Plan to address marine plastic 101 See supra note 25 and accompanying text. in the case of a credit security-based swap, for 102 However, the DDR application includes dissemination of a capped notional size of $5 litter from ships provisions explaining how DDR would require million if the true notional size of the transaction —Biennial agenda and provisional users to identify SBS, as required by Rule 901(c)(1) is $5 million or greater). agenda for PPR 9

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—Election of Chair and Vice-Chair for available through the Federal Relay Grant Cntys., Wash., FD 36002 (STB 2022 Service at (800) 877–8339. served June 3, 2016). —Any other business SUPPLEMENTARY INFORMATION: The According to the notice, RYAL and —Report to the Marine Environment decision in this proceeding is posted at the Port have entered into an Operating Protection Committee www.stb.gov. Lease Agreement, dated December 17, 2020. Furthermore, RYAL states that the Please note: The IMO Sub-Committee Authority: 49 U.S.C. 10704(a) may, on short notice, adjust the PPR 8 Port has agreed to accept RYAL’s agenda to accommodate the constraints Decided: February 4, 2021. assumption of WRL’s lease, to be associated with the virtual meeting By the Board, Board Members Begeman, effective upon the renewal of the lease format. Although no changes to the Fuchs, Oberman, Primus, and Schultz. on February 12, 2021. (Notice 4.) agenda are anticipated, if any are Aretha Laws-Byrum, The Line qualifies for a modified necessary they will be provided to those Clearance Clerk. certificate of public convenience and who RSVP. [FR Doc. 2021–02754 Filed 2–9–21; 8:45 am] necessity. See Common Carrier Status of Those who plan to participate may BILLING CODE 4915–01–P States, State Agencies & contact the meeting coordinator, Ms. Instrumentalities & Pol. Subdivs., FD Melissa Perera, by email at 28990F (ICC served July 16, 1981); 49 [email protected], by phone at SURFACE TRANSPORTATION BOARD CFR 1150.22. RYAL states that no (202) 372–1446, or in writing at COMDT subsidy is involved and that there will [Docket No. FD 36476] (CG–OES–3), ATTN: Ms. Melissa Perera, be no preconditions that shippers must 2703 Martin Luther King Jr. Ave. SE, RYAL, LLC—Modified Certificate of meet to receive service. (Notice 5.) Stop 7509, Washington, DC 20593– Public Convenience and Necessity RYAL’s notice also includes a certificate 7509. Additional information regarding of liability insurance coverage.3 (Notice this and other IMO public meetings may RYAL, LLC (RYAL), a noncarrier, has Ex. D.) be found at: https://www.dco.uscg.mil/ filed a notice for a modified certificate This notice will be served on the IMO. of public convenience and necessity Association of American Railroads (Car under 49 CFR part 1150 subpart C— Service Division), as agent for all Jeremy M. Greenwood, Modified Certificate of Public railroads subscribing to the car-service Coast Guard Liaison Officer, Office of Ocean Convenience and Necessity, for RYAL to and car-hire agreement, at 425 Third and Polar Affairs, Department of State. lease and operate over an approximately Street SW, Suite 1000, Washington, DC [FR Doc. 2021–02693 Filed 2–9–21; 8:45 am] 26-mile rail line owned by the Port of 20024; and on the American Short Line BILLING CODE 4710–09–P Royal Slope (the Port), a Washington and Regional Railroad Association at 50 State municipal corporation, which (1) F Street NW, Suite 500, Washington, DC originates at milepost 1989.06, near 20001. SURFACE TRANSPORTATION BOARD Othello, Adams County, Wash., and Board decisions and notices are [Docket No. EP 558 (Sub-No. 24)] continues west for 20.44 miles to available at www.stb.gov. milepost 2009, at Royal City Junction, Decided: February 5, 2021. Railroad Cost of Capital—2020 Grant County, Wash.; and (2) proceeds By the Board, Allison C. Davis, Director, north a distance of 5.2 miles, Office of Proceedings. AGENCY: Surface Transportation Board. terminating at an industrial siding at Jeffrey Herzig, ACTION: Notice of decision instituting a milepost 5.2 near Royal City, Grant Clearance Clerk. proceeding to determine the railroad County, Wash. (the Line).1 industry’s 2020 cost of capital. RYAL states that the Line was [FR Doc. 2021–02766 Filed 2–9–21; 8:45 am] authorized for abandonment by a BILLING CODE 4915–01–P SUMMARY: The Board is instituting a decision of the Interstate Commerce proceeding to determine the railroad Commission in Docket No. AB 7 (Sub- industry’s cost of capital for 2020. The No. 86) served on January 30, 1980, but SUSQUEHANNA RIVER BASIN decision solicits comments on the the abandonment was not COMMISSION following issues: The railroads’ 2020 consummated. According to RYAL, the current cost of debt capital; the Grandfathering (GF) Registration Line was sold to the Port in 1982 for railroads’ 2020 current cost of preferred Notice continued rail service 2 and was most equity capital (if any); the railroads’ recently leased to WRL, LLC (WRL), AGENCY: 2020 cost of common equity capital; and Susquehanna River Basin pursuant to a modified rail certificate. the 2020 capital structure mix of the Commission. (Notice 1, 3–4.) See WRL, LLC— railroad industry on a market value ACTION: Notice. Modified Rail Certificate of Pub. basis. Convenience & Necessity—Adams & SUMMARY: This notice lists DATES: Notices of intent to participate Grandfathering Registration for projects are due by March 29, 2021. Statements 1 The notice indicates that RYAL is wholly owned by the Susquehanna River Basin of the railroads are due by April 19, by Paul Didelius (Didelius), an individual and Commission during the period set forth noncarrier. In a related proceeding, Didelius filed 2021. Statements of other interested DATES a verified notice of exemption to continue in in . persons are due by May 10, 2021. control of RYAL upon its becoming a Class III DATES: January 1–31, 2021. Rebuttal statements by the railroads are carrier. See Didelius—Continuance in Control ADDRESSES: Susquehanna River Basin due by June 2, 2021. Exemption—RYAL, LLC, FD 36477 (STB served January 28, 2021). Commission, 4423 North Front Street, ADDRESSES: Comments may be filed 2 RYAL also states that the Line ‘‘came under the Harrisburg, PA 17110–1788. with the Board via e-filing on the control’’ of Sunfresh, Inc., the guarantor of a Federal FOR FURTHER INFORMATION CONTACT: Board’s website. Railroad Administration loan upon which the Port Jason E. Oyler, General Counsel and FOR FURTHER INFORMATION CONTACT: defaulted, in 1992; was purchased by the Washington State Department of Transportation in Pedro Ramirez at (202) 245–0333. 1993; and was reacquired by the Port in 2015. 3 On January 21, 2021, RYAL filed a supplemental Assistance for the hearing impaired is (Notice 3–4.) proof of insurance.

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Secretary to the Commission, telephone: SUSQUEHANNA RIVER BASIN 17110–1788, or submitted electronically (717) 238–0423, ext. 1312; fax: (717) COMMISSION through www.srbc.net/about/meetings- 238–2436; email: [email protected]. events/business-meeting.html. Such Regular mail inquiries May be sent to Commission Meeting comments are due to the Commission the above address. on or before March 10, 2021. Comments AGENCY: Susquehanna River Basin will not be accepted at the business SUPPLEMENTARY INFORMATION: This Commission. meeting noticed herein. notice lists GF Registration for projects, ACTION: Notice. described below, pursuant to 18 CFR Authority: Pub. L. 91–575, 84 Stat. 1509 et 806, Subpart E for the time period SUMMARY: The Susquehanna River Basin seq., 18 CFR parts 806, 807, and 808. specified above: Commission will conduct its regular Dated: February 5, 2021. Grandfathering Registration Under 18 business meeting on March 12, 2021, Jason E. Oyler, CFR part 806, subpart E: from Harrisburg, Pennsylvania. Details General Counsel and Secretary to the concerning the matters to be addressed Commission. 1. Borough of Tyrone—Public Water at the business meeting are contained in [FR Doc. 2021–02753 Filed 2–9–21; 8:45 am] Supply System, GF Certificate No. GF– the SUPPLEMENTARY INFORMATION section 202101147, Snyder Township, Blair of this notice. Also the Commission BILLING CODE 7040–01–P County, Pa.; Sink Run; Issue Date: published a document in the Federal January 14, 2021. Register on January 11, 2021, 2. Borough of Millheim—Millheim concerning its public hearing on DEPARTMENT OF TRANSPORTATION Borough Water Company, GF Certificate February 4, 2021, in Harrisburg, No. GF–202101148, Millheim Borough Pennsylvania. Pipeline and Hazardous Materials and Penn Township, Centre County, Pa.; Safety Administration DATES: The meeting will be held on Phillips Creek; Issue Date: January 14, Friday, March 12, 2021, at 9 a.m. Hazardous Materials: Notice of Actions 2021. ADDRESSES: The meeting will be on Special Permits 3. South Renovo Borough—Public conducted telephonically from the AGENCY: Pipeline and Hazardous Water Supply System, GF Certificate Susquehanna River Basin Commission, Materials Safety Administration No. GF–202101149, Noyes Township, 4423 N Front Street, Harrisburg, PA (PHMSA), DOT. Clinton County, Pa.; Halls Run 17110. Reservoir and Well 1; Issue Date: ACTION: Notice of actions on special January 14, 2021. FOR FURTHER INFORMATION CONTACT: permit applications. Jason E. Oyler, General Counsel and 4. Geneva Farm Golf Course, Inc.— Secretary to the Commission, telephone: SUMMARY: Geneva Farm Golf Club, GF Certificate In accordance with the 717–238–0423; fax: 717–238–2436. No. GF–202101150, Street, Harford procedures governing the application County, Md.; combined withdrawal SUPPLEMENTARY INFORMATION: The for, and the processing of, special from Wells 1, 2, and 3 and Irrigation business meeting will include actions or permits from the Department of Pond; Issue Date: January 22, 2021. presentations on the following items: (1) Transportation’s Hazardous Material Recognition of SRBC’s 50th anniversary; Regulations, notice is hereby given that 5. Kreamer Municipal Authority— (2) release of proposed rulemaking for the Office of Hazardous Materials Safety Public Water Supply System, GF public comment; (3) ratification/ has received the application described Certificate No. GF–202101151, approval of contracts/grants; and (4) herein. Middlecreek Township, Snyder County, Regulatory Program projects. Pa.; Wells 4 and 9; Issue Date: January DATES: Comments must be received on This agenda is complete at the time of or before March 12, 2021. 22, 2021. issuance, but other items may be added, ADDRESSES: 6. Saint Francis University, GF and some stricken without further Record Center, Pipeline and Certificate No. GF–202101152, notice. The listing of an item on the Hazardous Materials Safety Allegheny Township and Loretto agenda does not necessarily mean that Administration, U.S. Department of Borough, Cambria County, Pa.; Wells 1 the Commission will take final action on Transportation, Washington, DC 20590. and 2; Issue Date: January 26, 2021. it at this meeting. When the Comments should refer to the application number and be submitted in 7. McClure Municipal Authority— Commission does take final action, notice of these actions will be published triplicate. If confirmation of receipt of Public Water Supply System, GF comments is desired, include a self- Certificate No. GF–202101153, McClure in the Federal Register after the meeting. Any actions specific to projects addressed stamped postcard showing Borough, Snyder County, Pa.; Wells 1, 3, the special permit number. and 4; Issue Date: January 26, 2021. will also be provided in writing directly Authority: Pub. L. 91–575, 84 Stat. 1509 to project sponsors. FOR FURTHER INFORMATION CONTACT: et seq., 18 CFR parts 806 and 808. Due to the COVID–19 orders, the Donald Burger, Chief, Office of meeting will be conducted Hazardous Materials Approvals and 8. SUEZ Water Pennsylvania Inc.— Permits Division, Pipeline and Dallas Operation, GF Certificate No. GF– telephonically and there will be no physical public attendance. The public Hazardous Materials Safety 202101154, Dallas Township, Luzerne Administration, U.S. Department of County, Pa.; Country Club Well, Bunn is invited to attend the Commission’s business meeting by telephone Transportation, East Building, PHH–30, Well, Haddonfield Well, and Snyder 1200 New Jersey Avenue Southeast, Well; Issue Date: January 26, 2021. conference and may do so by dialing Conference Call # 1–888–387–8686, the Washington, DC 20590–0001, (202) 366– Dated: February 4, 2021. Conference Room Code # 9179686050. 4535. Jason E. Oyler, Written comments pertaining to items SUPPLEMENTARY INFORMATION: Copies of General Counsel and Secretary to the on the agenda at the business meeting the applications are available for Commission. may be mailed to the Susquehanna inspection in the Records Center, East [FR Doc. 2021–02682 Filed 2–9–21; 8:45 am] River Basin Commission, 4423 North Building, PHH–30, 1200 New Jersey BILLING CODE 7040–01–P Front Street, Harrisburg, Pennsylvania Avenue Southeast, Washington, DC.

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This notice of receipt of applications Issued in Washington, DC, on February 4, for special permit is published in 2021. accordance with part 107 of the Federal Donald P. Burger, hazardous materials transportation law Chief, General Approvals and Permits (49 U.S.C. 5117(b); 49 CFR 1.53(b)). Branch.

SPECIAL PERMITS DATA

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

Granted

14636–M ...... Department of Defense (Mili- 172.301(c), 180.209 ...... To modify the special permit to streamline the identification tary Surface Deployment & of tubes being requalified and to authorize additional Distribution Command). OCONUS locations. 15691–M ...... Department of Defense (Mili- 172.301(c), 180.209 ...... To streamline the listing of authorized cylinders, update the tary Surface Deployment & locations where the permitted cylinders are authorized and Distribution Command). remove the one-time extension and restate the five year requalification requirements. 16118–M ...... Toyota Motor Sales USA Inc 173.301(a)(1) ...... To modify the special permit to more closely align it with relevant sections for compressed hydrogen in the UN Model Regulation 21st Revision, Special Provision 392. 16308–M ...... Vero Biotech LLC ...... 173.175 ...... To modify the special permit to authorize a new absorbent filler surrounding the ampules being transported. 21018–M ...... Packaging and Crating Tech- 172.200, 172.300, 172.400, To modify the special permit to authorize batteries up to nologies, LLC. 172.600, 172.700(a), 1200Wh to be transported in Thermo Shield pleatwrap. 173.185(b), 173.185(c), 173.185(f). 21135–N ...... JohnDow Industries, Inc ...... 178.503(a) ...... To authorize the marking of specification packagings that were mismarked with an incorrect specification. 21142–N ...... Atlas Air, Inc ...... 172.101(j), 172.204(c)(3), To authorize the transportation in commerce of explosives 173.27(b)(2), 173.27(b)(3). forbidden aboard cargo-only aircraft by cargo-only aircraft. 21166–M ...... Federal Cartridge Company ... 173.56(b) ...... To modify the special permit to authorize private carriage of the authorized hazmat. 21173–N ...... Lynden Air Cargo, LLC ...... 172.101 Column (9B) ...... To authorize the transportation in commerce of certain explosives which are forbidden for transport by cargo-only aircraft. 21175–N ...... I–K–I Manufacturing Co., Inc 173.306(a)(5) ...... To authorize the transportation in commerce of plastic aerosols classed as Division 2.1 for the purposes of testing and disposal. 21176–N ...... Solvay Fluorides, LLC ...... 173.227 ...... To authorize the transportation in commerce of 3 cargo containers containing a 6.1 hazmat that has been packaged and packed in accordance with IMDG regulations but not the HMR.

Denied

Withdrawn

21108–N ...... Aerospacelab ...... 173.185(a)(1) ...... To authorize the transportation in commerce of low production lithium batteries contained in equipment by motor vehicle and cargo-only aircraft. 21113–N ...... Spaceflight, Inc ...... 173.185(a)(1) ...... To authorize the transportation in commerce of low production lithium batteries contained in spacecraft by cargo-only aircraft. 21164–N ...... The Boeing Company ...... 172.102, 172.200, 172.560, To authorize the transportation in commerce of a tempera- 172.301, 172.700(a), ture-controlled Active Unit Load Device (containing com- 172.447, 173.27, 173.185, pressed gas and lithium battery) via aircraft. 178.600.

[FR Doc. 2021–02769 Filed 2–9–21; 8:45 am] BILLING CODE 4909–60–P

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DEPARTMENT OF TRANSPORTATION which a particular special permit is Permits Division, Pipeline and requested is indicated by a number in Hazardous Materials Safety Pipeline and Hazardous Materials the ‘‘Nature of Application’’ portion of Administration, U.S. Department of Safety Administration the table below as follows: 1—Motor Transportation, East Building, PHH–30, vehicle, 2—Rail freight, 3—Cargo vessel, 1200 New Jersey Avenue Southeast, Hazardous Materials: Notice of 4—Cargo aircraft only, 5—Passenger- Washington, DC 20590–0001, (202) 366– Applications for New Special Permits carrying aircraft. 4535. AGENCY: Pipeline and Hazardous DATES: Comments must be received on SUPPLEMENTARY INFORMATION: Copies of Materials Safety Administration or before March 12, 2021. the applications are available for (PHMSA), DOT. ADDRESSES: Record Center, Pipeline and inspection in the Records Center, East Building, PHH–30, 1200 New Jersey ACTION: List of applications for special Hazardous Materials Safety Avenue Southeast, Washington, DC. permits. Administration, U.S. Department of Transportation, Washington, DC 20590. This notice of receipt of applications SUMMARY: In accordance with the Comments should refer to the for special permit is published in procedures governing the application application number and be submitted in accordance with part 107 of the Federal for, and the processing of, special triplicate. If confirmation of receipt of hazardous materials transportation law permits from the Department of comments is desired, include a self- (49 U.S.C. 5117(b); 49 CFR 1.53(b)). Transportation’s Hazardous Material addressed stamped postcard showing Issued in Washington, DC, on February 4, Regulations, notice is hereby given that the special permit number. 2021. the Office of Hazardous Materials Safety FOR FURTHER INFORMATION CONTACT: Donald P. Burger, has received the application described Donald Burger, Chief, Office of Chief, General Approvals and Permits herein. Each mode of transportation for Hazardous Materials Approvals and Branch.

SPECIAL PERMITS DATA

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

21170–N ...... Westwind Helicopters, Inc ...... 172.101 Column (9B) ...... To authorize the transportation in commerce of certain hazardous materials by cargo-only aircraft in quantities that exceed the limitation in Column (9B) of the 172.101 Table. (mode 4). 21171–N ...... HDT Expeditionary Systems, 172.101 Column (9B) ...... To authorize the transportation in commerce of lithium bat- Inc. teries exceeding 35 kg by cargo-only aircraft. (mode 4). 21172–N ...... North Carolina Department of 172.300, 173.196, 173.199, To authorize one-time transportation by highway of certain Agriculture & Consumer 173.201, 173.202, 173.203, biological and infectious substances, dilute pesticide solu- Services. 173.211, 173.212, 173.213. tions and small quantities of laboratory reference standard materials from two adjacent facilities to newly constructed facility. (mode 1). 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. (mode 4). 21178–N ...... Meggitt Safety Systems, Inc .. 173.302(a)(1) ...... To authorize the manufacture, mark, sale, and use of non- DOT specification small, high pressure cylinders of welded construction similar to a DOT 3HT. (modes 1, 2, 3, 4). 21179–N ...... Airgas USA, LLC ...... 172.203(a), 172.301(c), To authorize the transportation in commerce of DOT–3AA 180.205(f), 180.205(g)(1), specification cylinders that are requalified every fifteen 180.209(a), 180.213(f)(2). (15) years rather than every ten (10) years using 100% ul- trasonic examination (UE) and are equipped with a Type 1 Residual Pressure Valve (RPV). (modes 1, 2, 3, 4, 5). 21180–N ...... Norse Flight, Inc ...... 172.101(j), 173.242, 173.243, To authorize the transportation in commerce of certain Class 173.27. 3 hazardous materials by cargo-only aircraft in non-specification bulk packagings in quantities that exceed the authorized quantity limitations to remote areas of Alaska. (mode 4). 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 173.185(c)(1)(iii), in 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. (modes 1, 2). 21182–N ...... LG Energy Solution, Ltd ...... 172.101(j) ...... To authorize the transportation in commerce of lithium batteries exceeding 35 kg by cargo-only aircraft. (mode 4). 21183–N ...... Lynden Air Cargo, LLC ...... 172.101 Column (9B), To authorize the transportation in commerce of Division 1.1, 172.204(c)(3), 173.27(b)(2), 1.2, 1.3, and 1.4 explosives that are forbidden for trans- 173.27(b)(3), 175.30(a)(1). portation aboard aircraft or are in excess of the quantity limitations in Column 9B of the 172.101 HMT via cargo- only aircraft. (mode 4). 21184–N ...... Arkema Inc ...... 177.834(h) ...... To authorize the transportation in commerce of organic per- oxide Type F material in UN IBCs without unloading the package from the vehicle prior to discharge. (mode 1). 21185–N ...... Hach Company ...... 172.102(b)(4), 173.36(a) ...... To authorization the transportation in commerce of certain PG II corrosive materials in UN 50H packagings. (mode 1).

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SPECIAL PERMITS DATA—Continued

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

21186–N ...... Cryogenic Industrial Solutions 172.203(a), 172.301(c), To authorize the repair of certain DOT 4L cylinders without LLC. 180.211(c)(2)(i). requiring pressure testing. (modes 1, 2, 3, 4, 5). 21187–N ...... Enerdel, Inc ...... 172.101(j) ...... To authorize the transportation in commerce of lithium ion batteries exceeding 35 kg by cargo-only aircraft. (mode 4). 21189–N ...... Veolia ES Technical Solu- 173.21(b), 173.51, 173.54(a), To authorize the one-time, one-way transportation in com- tions, LLC. 173.56(b), 173.64, 173.65. merce of unapproved fireworks by highway. (mode 1).

[FR Doc. 2021–02767 Filed 2–9–21; 8:45 am] the Office of Hazardous Materials Safety Hazardous Materials Approvals and BILLING CODE 4909–60–P has received the application described Permits Division, Pipeline and herein. Each mode of transportation for 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–30, the ‘‘Nature of Application’’ portion of 1200 New Jersey Avenue Southeast, Pipeline and Hazardous Materials the table below as follows: 1—Motor Washington, DC 20590–0001, (202) 366– Safety Administration 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 the applications are available for DATES: Comments must be received on Special Permit inspection in the Records Center, East or before February 25, 2021. Building, PHH–30, 1200 New Jersey AGENCY: Pipeline and Hazardous ADDRESSES: Record Center, Pipeline and Avenue Southeast, Washington, DC. Materials Safety Administration Hazardous Materials Safety (PHMSA), DOT. Administration, U.S. Department of This notice of receipt of applications for special permit is published in ACTION: Transportation, Washington, DC 20590. List of applications for accordance with part 107 of the Federal modification of special permits. Comments should refer to the 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- Issued in Washington, DC, on February 04, for, and the processing of, special addressed stamped postcard showing 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.

SPECIAL PERMITS DATA

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

7765–M ...... Cobham Mission Systems Or- 173.302a(a)(1) ...... To modify the special permit to remove certain part numbers chard Park Inc. and to increase the maximum service pressure. (modes 1, 2, 3, 4). 15689–M ...... AVL Test Systems, Inc ...... 172.200, 172.301(c), To modify the special permit to authorize a new bottle with 177.834(h). protected head/valve cover and a new heavy duty mount- ing method. (modes 1, 2, 3). 20876–M ...... Sodastream USA Inc ...... 178.71 ...... To modify the special permit to remove the requirement of marking the outer package with the special permit number and removed the requirement that a copy of the permit be carried aboard each vessel or motor vehicle used to transport packages covered by the permit. (modes 1, 2, 3). 20996–M ...... Norfolk Southern Railway 174.85(a) ...... To modify the special permit to remove the requirement for Company. signage on distributed power units. (mode 2). 21041–M ...... KLA Corporation ...... 173.212, 173.213 ...... To modify the special permit to authorize a change in the description of the hazmat being offered for transportation. (modes 1, 4). 21069–M ...... Catalina Cylinders, Inc ...... 173.302a, 178.71(l)(1) ...... To modify the special permit to authorize an additional requalification test method (pneumatic proof pressure) (modes 1, 2, 3, 4). 21104–M ...... Kelley Fuels, Inc ...... 172.302(c), 172.334(b)(3) ...... To modify the special permit to authorize the placarding to the lowest flashpoint when switching between straight loads of gasoline and combustible distillate fuels in U.S. DOT Specification cargo tank motor vehicles. (modes 1).

[FR Doc. 2021–02768 Filed 2–9–21; 8:45 am] BILLING CODE 4910–60–P

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DEPARTMENT OF THE TREASURY or indirectly, MAHAN AIR, a person whose by appointment; telephone 202–453– property and interests in property are 1039, ext. 135, to make an appointment. blocked pursuant to E.O. 13224, as amended. Office of Foreign Assets Control FOR FURTHER INFORMATION CONTACT: For Dated: May 19, 2020. general questions, please contact Notice of OFAC Sanctions Actions Andrea M. Gacki, Michael Hoover at 202–453–1039, ext. AGENCY: Office of Foreign Assets Director, Office of Foreign Assets Control, 135. For privacy issues, please contact Control, Treasury. U.S. Department of the Treasury. Jackie Washington at 202–453–1039, ext. 019. ACTION: Notice. Editorial Note: This document was received for publication by the Office of the SUPPLEMENTARY INFORMATION: In SUMMARY: The U.S. Department of the Federal Register on February 4, 2021. accordance with the Privacy Act of Treasury’s Office of Foreign Assets [FR Doc. 2021–02702 Filed 2–9–21; 8:45 am] 1974, as amended, 5 U.S.C. 552a, the Control (OFAC) is publishing the names Department of the Treasury (‘‘Treasury’’ BILLING CODE 4810–AL–P of one or more persons that have been or the ‘‘Department’’), Alcohol and placed on OFAC’s Specially Designated Tobacco Tax and Trade Bureau (TTB), Nationals and Blocked Persons List DEPARTMENT OF THE TREASURY proposes to modify an existing Treasury based on OFAC’s determination that one system of records titled, ‘‘Treasury/TTB or more applicable legal criteria were Privacy Act of 1974; System of .001 Regulatory Enforcement Record satisfied. All property and interests in Records System.’’ This is the only system of property subject to U.S. jurisdiction of records adopted by TTB as of October 1, these persons are blocked, and U.S. AGENCY: Alcohol and Tobacco Tax and 2020. persons are generally prohibited from Trade Bureau (TTB), Department of the TTB administers the Internal Revenue engaging in transactions with them. Treasury. Code of 1986 (IRC), as amended, at 26 DATES: See SUPPLEMENTARY INFORMATION ACTION: Notice of a modified system of U.S.C. chapter 51 (distilled spirits, section for effective date(s). records. wine, and beer), chapter 52 (tobacco FOR FURTHER INFORMATION CONTACT: products, processed tobacco, and OFAC: Associate Director for Global SUMMARY: In accordance with the cigarette papers and tubes), and sections Targeting, tel.: 202–622–2420; Assistant Privacy Act of 1974, the Department of 4181–4182 (firearms and ammunition Director for Sanctions Compliance & the Treasury, Alcohol and Tobacco Tax excise taxes), and the Federal Alcohol Evaluation, tel.: 202–622–2490; and Trade Bureau, proposes to modify Administration Act (FAA Act, 27 U.S.C. Assistant Director for Licensing, tel.: a current Treasury system of records chapter 8). Under its IRC authorities, 202–622–2480. titled, ‘‘Treasury/TTB .001 Regulatory TTB collects the Federal excise taxes SUPPLEMENTARY INFORMATION: Enforcement Record System,’’ which levied on alcohol, tobacco, firearms, and will now be titled ‘‘Department of the ammunition products and the special Electronic Availability Treasury, Alcohol and Tobacco Tax and occupational taxes levied on certain The Specially Designated Nationals Trade Bureau (TTB) .001—Regulatory tobacco industry members. Under these and Blocked Persons List and additional Enforcement System of Records.’’ IRC and the FAA Act authorities, TTB information concerning OFAC sanctions DATES: Submit comments on or before also administers the Federal permit, programs are available on OFAC’s March 12, 2021. The modified routine registration, or notice requirements that website (www.treas.gov/ofac). uses will be effective on March 12, apply to alcohol and tobacco industry 2021. members, as well the Federal Notice of OFAC Actions requirements that apply to the On May 19, 2020, OFAC determined ADDRESSES: You may submit comments production, labeling, and marketing of that the property and interests in electronically via the Federal alcohol beverage products. property subject to U.S. jurisdiction of eRulemaking Portal, Regulations.gov, Under this system of records, TTB the following persons are blocked under https://www.regulations.gov, using the collects certain personal information the relevant sanctions authorities listed comment form posted for this document from individuals who file tax returns below. within Docket No. TTB–2020–0001. with or submit return information to Alternatively, you may submit written TTB regarding excise taxes on alcohol, Entity comments to the Regulations and tobacco, firearms, and ammunition, and 1. SHANGHAI SAINT LOGISTICS Rulings Division, Alcohol and Tobacco from individuals who file special LIMITED, Rm 910, 9/F, 650 Han Kou Road, Tax and Trade Bureau, 1310 G Street occupational tax returns or information. Huang Pu District, Shanghai, China; Rm 930, NW, Box 12, Washington, DC 20005, Also under this system of records, TTB Building C, Cifi Air Center, Shunyi District, Attention–Revisions to Privacy Act collects certain personal information Beijing, China; Email Address res@ Systems of Records. The Alcohol and about individuals who are associated shsaintlog.com; alt. Email Address resbjs@ Tobacco Tax and Trade Bureau no shsaintlog.com; Additional Sanctions with operations and businesses that are Information—Subject to Secondary Sanctions longer accepts comments submitted by the subject of permit applications, [SDGT] [IFSR] (Linked To: MAHAN AIR). email. notices, or registrations under the IRC or Designated pursuant to section 1(a)(iii)(A) The Bureau will post all comments FAA Act or activity undertaken under of Executive Order 13224 of September 23, received, including any personal such permits, notices, or registrations. 2001, ‘‘Blocking Property and Prohibiting information you provide, along with any Such operations and businesses include Transactions With Persons Who Commit, attachments or other supporting alcohol and tobacco permittees; alcohol, Threaten To Commit, or Support Terrorism,’’ disclosures, without change on the tobacco, and firearms and ammunition (E.O. 13224), 3 CFR, 2001 Comp., p. 786, as Regulations.gov website. Therefore, you excise taxpayers; special occupational amended by Executive Order 13886 of September 9, 2019, ‘‘Modernizing Sanctions should submit only information you taxpayers; claimants for refund, to Combat Terrorism,’’ 84 FR 48041 (E.O. wish to make publicly available. The abatement, credit, allowance, or 13224, as amended) for being owned, Bureau also will make any comments drawback of excise or special controlled, or directed by, or having acted or received available for public inspection occupational taxes; and those filing purported to act for or on behalf of, directly and copying at the address listed above offers in compromise.

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While there are no significant changes Circular A–108, ‘‘Federal Agency assure collection of the revenue due to this system of records, TTB is Responsibilities for Review, Reporting, from regulated industry members; modifying this system to make and Publication under the Privacy Act,’’ preventing improper trade practices in clarifying changes to conform to the dated December 23, 2016. the beverage distilled spirits, malt latest guidance from the Department. For the reasons set forth above in the beverage, and wine industries; and Specifically: preamble, TTB proposes to modify its interact with Federal, State, and local • TTB is revising the system title to system of records entitled ‘‘Treasury/ governmental agencies in the resolution include the full name of the Department TTB .001 Regulatory Enforcement of problems relating to revenue and Bureau, to read ‘‘Department of the Record System’’ as follows: protection and other areas of joint Treasury, Alcohol and Tobacco Tax and jurisdictional concern. Trade Bureau (TTB) .001–Regulatory Ryan Law, Enforcement System of Records.’’ Deputy Assistant Secretary for Privacy, CATEGORIES OF INDIVIDUALS COVERED BY THE • TTB is revising the categories of Transparency, and Records. SYSTEM: The categories of individuals covered records included in this system to SYSTEM NAME AND NUMBER: clarify the types of personally by this system of records include: identifiable information (PII) currently Department of the Treasury, Alcohol (1) Individuals who file tax returns or kept in the system, including names of and Tobacco Tax and Trade Bureau submit return information to TTB individuals, dates of birth, Social (TTB) .001–Regulatory Enforcement regarding Federal excise taxes on Security Numbers (SSNs) (if collected), System of Records. alcohol, tobacco, firearms, and Employer Identification Numbers SECURITY CLASSIFICATION: ammunition or tobacco industry-related special occupational taxes; and (EINs), and address and contact Unclassified. information. (2) Individuals who have filed permit • TTB is adding or revising several SYSTEM LOCATION: applications with or who have been routine use descriptions for this system TTB maintains the system records at issued permits by TTB; who have filed to clarify to whom and for what purpose its headquarters in Washington, DC, and notices or registrations with TTB; and/ TTB may provide information contained at its National Revenue Center in or who are in certain positions of in this system. In particular, as required Cincinnati, OH, located, respectively, at management or control of such by OMB Memorandum M–17–12, these addresses: regulated businesses, or have specified ‘‘Preparing for and Responding to a • Alcohol and Tobacco Tax and levels of ownership interest in such Breach of Personally Identifiable Trade Bureau, 1310 G Street NW, regulated businesses. These individuals include alcohol Information,’’ dated January 3, 2017, Washington, DC 20005; and and tobacco permittees, registrants, or TTB is updating the language used to • Alcohol and Tobacco Tax and notice holders; alcohol, tobacco, and describe the existing routine use for this Trade Bureau, National Revenue Center, firearms and ammunition excise system regarding sharing information 550 Main Street, Suite 8002, Cincinnati, taxpayers; special occupational with other Federal agencies or Federal OH 45202. taxpayers; claimants for refund, entities to assist the Department and In addition, components of this abatement, credit, allowance, or TTB in responding to a suspected or system also are geographically dispersed drawback of excise or special confirmed breach of this system or to throughout TTB’s field offices. A list of occupational taxes; and those filing prevent, minimize, or remedy the risk of TTB’s field offices and their addresses is offers in compromise. harm from such a breach to regulated available on the TTB website at https:// industry members, TTB, the Federal www.ttb.gov/about-ttb/district-office- CATEGORIES OF RECORDS IN THE SYSTEM: Government, or national security. locations. • Other minor changes made This system includes records throughout the document are editorial SYSTEM MANAGER(S): containing investigative material compiled to meet TTB’s responsibilities in nature and include updates to the Assistant Administrator, Permitting notice’s format and correction of under the Internal Revenue Code of and Taxation, Alcohol and Tobacco Tax 1986 and the Federal Alcohol grammatical or typographic errors. and Trade Bureau, 550 Main Street, Federal law protects PII and other Administration Act, which may consist Suite 8002, Cincinnati, OH 45202. of the following: information contained in this system • AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Names of individuals; from disclosure. Specifically, 5 U.S.C. • 552 prohibits the unauthorized Dates of birth; 5 U.S.C. 301; 26 U.S.C. 5001, 5006(a), • Social Security Numbers (SSN) (if disclosure of confidential commercial 5008, 5041, 5042(a)(2) and (3), 5044, collected); information obtained by the Federal 5051, 5055, 5056, 5061, 5062, 5064, • Telephone numbers; Government from regulated businesses 5101, 5132, 5172, 5179(a), 5181, • Email addresses; and individuals, and 26 U.S.C. 6103 5271(b)(1), 5275, 5301(a) and (b), 5312, • Mailing, home, and business prohibits disclosure of tax returns and 5356, 5401, 5417, 5502, 5511(3), 5705, premises addresses; related information unless disclosure is 5712, 6001, 6011(a), 6201, 6423, 7011, • Employer Identification Numbers specifically authorized by that section. and 7122; 27 U.S.C. 204 and 207; and (EIN); This modified system will be section 1111(d) of the Homeland • Abstracts of offers in compromise; included in Treasury’s inventory of Security Act of 2002, as codified at 6 • Administrative law judge decisions; record systems. Treasury and TTB have U.S.C. 531(d). • Assessment records including provided a report of this system of notices of proposed assessments, notices records to the Committee on Oversight PURPOSE(S) OF THE SYSTEM: of shortages or losses, copies of notices and Government Reform of the House of The purpose of this system is to from the Internal Revenue Service to Representatives, the Committee on administer the laws under TTB’s assess taxes, and recommendations for Homeland Security and Governmental jurisdiction, including determining assessments; Affairs of the Senate, and the Office of eligibility or qualifications of • Audit and investigation reports; Management and Budget (OMB), individuals who are engaged or propose • Chief Counsel opinions and pursuant to 5 U.S.C. 552a(r) and OMB to engage in activities regulated by TTB; memoranda;

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• Claim records including claims, contract, grant, or other benefit by the (9) To a court, magistrate, or letters of claim rejection, sample requesting agency, to the extent that the administrative tribunal in the course of reports, supporting data, and vouchers information is relevant and necessary to presenting evidence, including and schedules of payment; the requesting agency’s decision on the disclosures to opposing counsel or • Correspondence concerning records matter; witnesses in the course of or in in this system and related matters; (2) To a Congressional office in preparation for civil discovery, • Demands for payment of excise tax response to an inquiry made at the litigation, or settlement negotiations, in liabilities; request of the individual to whom the response to a subpoena where relevant • Financial statements; record pertains; or potentially relevant to a proceeding, • Letters of warning; (3) To a Congressional office from the or in connection with criminal law • Lists of permittees and licensees; record of an individual in response to proceedings; • Lists of officers, directors, and an inquiry from that Congressional (10) To International Criminal Police principal stockholders; office made pursuant to a written Organization (INTERPOL) and similar • Mailing lists; Privacy Act waiver at the request of the national and international intelligence • Notices of delinquent reports; individual to who the record pertains; gathering organizations for the purpose • Offers in compromise; (4) To the National Archives and of identifying international and national • Operational records, such as Records Administration (or the criminals involved in consumer fraud, operating and inventory reports, and Archivist’s designee) pursuant to revenue evasion, crimes, or persons transaction records and reports; records management inspections being involved in terrorist activities; • Orders of revocation, suspension, or conducted under the authority of 44 (11) To foreign governments in annulment of permits, notices, U.S.C. 2904 and 2906; accordance with formal or informal registrations or licenses; (5) To appropriate agencies, entities, • international agreements; Permits and permit histories; and persons when: (1) The Department • (12) To appropriate Federal, State, Reports of violations; of the Treasury and/or TTB suspects or • Qualifying records including access local, or foreign agencies responsible for has confirmed that there has been a investigating or prosecuting the authorizations, advertisement records, breach of the system of records; (2) the applications, business histories, violations of, or for enforcing or Department of the Treasury and/or TTB implementing, a statute, rule, criminal records, educational histories, has determined that as a result of the employment histories, financial data, regulation, order, or license, where the suspected or confirmed breach there is disclosing agency becomes aware of an formula approvals, licenses, notices, a risk of harm to individuals, the permits, personal references, indication of a violation or potential Department of the Treasury and/or TTB violation of criminal law or regulation; registrations, sample reports, special (including its information systems, permissions and authorizations, and programs, and operations), the Federal (13) To third parties for a purpose statements of process; Government, or national security; and consistent with any permissible • Show cause orders; and (3) the disclosure made to such disclosure of returns or return • Tax records relating to periodic agencies, entities, and persons is information under the IRC, as amended; payment and prepayment of taxes, tax reasonably necessary to assist in (14) To a contractor for the purpose of returns, and notices of tax discrepancy connection with the Department of the processing administrative records and/ or adjustment. Treasury’s and/or TTB’s efforts to or compiling, organizing, analyzing, programming, or otherwise refining RECORD SOURCE CATEGORIES: respond to the suspected or confirmed breach or to prevent, minimize, or records subject to the same limitations This system of records has been remedy such harm; applicable to Department of the determined to be exempt from (6) To another Federal agency or Treasury officers and employees under compliance with the provisions of 5 Federal entity, when the Department of the Privacy Act; U.S.C. 552a(e)(4)(I) requiring the record the Treasury and/or TTB determines (15) To the Department of Justice source categories be reported. that information from this system of when seeking legal advice or when (a) ROUTINE USES OF RECORDS MAINTAINED IN THE records is reasonably necessary to assist the Department of the Treasury or (b) SYSTEM, INCLUDING CATEGORIES OF USERS AND the recipient agency or entity in (1) the disclosing agency, or (c) any PURPOSES OF SUCH USES: responding to a suspected or confirmed employee of the disclosing agency in his In addition to those disclosures breach or (2) preventing, minimizing, or or her official capacity, or (d) any generally permitted under the Privacy remedying the risk of harm to employee of the agency in his or her Act of 1974, 5 U.S.C. 552a(b), records individuals, the recipient agency or individual capacity where the and/or information or portions thereof entity (including its information Department of Justice has agreed to maintained as part of this system may systems, programs, and operations), the represent the employee, or (e) the be disclosed outside Treasury as a Federal Government, or national United States, where the disclosing routine use pursuant to 5 U.S.C. security, resulting from a suspected or agency determines that litigation is 552a(b)(3) as follows: confirmed breach; likely to affect the disclosing agency, is (1) To a Federal, State, local, or (7) To third parties when such a party to litigation or has an interest in foreign agency maintaining civil, disclosure is required by statute or such litigation, and the use of such criminal, or other relevant enforcement Executive Order; records by the Department of Justice is information or other pertinent (8) To third parties to the extent deemed by the agency to be relevant and information, which has requested necessary to collect or verify necessary to the litigation; and information necessary or relevant to the information pertinent to TTB’s decision (16) To the news media to provide requesting agency’s official functions; to grant, deny, or revoke a license or information in accordance with including for the purpose of enforcing permit; to initiate or complete an guidelines contained in 28 CFR 50.2 administrative, civil, or criminal laws; investigation of violations or alleged that relate to an agency’s functions hiring or retention of an employee; violations of laws and regulations relating to civil and criminal issuance of a security clearance, license, administered by TTB; proceedings.

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POLICIES AND PRACTICES FOR STORAGE OF compliance with the access provisions perjury as a substitute for notarization. RECORDS: of 5 U.S.C. 552a(e)(4)(H). Also see While no specific form is required, you TTB maintains records in this system ‘‘Notification Procedures’’ below. should provide the following: in a secure computer system that require • An explanation of why you believe CONTESTING RECORD PROCEDURES: the use of a personal identity the Department would have information verification (PIV) card and multi-digit This system of records has been on you; personal identification number (PIN) to determined to be exempt from • Identify which bureau(s) of the access, or on paper in secure facilities compliance with the provisions of 5 Department you believe may have the with controlled access. U.S.C. 552a(e)(4)(H) allowing an information about you; individual to contest the contents of • Specify when you believe the POLICIES AND PRACTICES FOR RETRIEVAL OF records. Also see ‘‘Notification RECORDS: records would have been created; Procedures’’ below. • Records may be retrieved by name, by Provide any other information that permit or license number, by document NOTIFICATION PROCEDURES: will help the Bureau or FOIA staff locator number, or by Employer The Secretary of Treasury has determine which Treasury Bureau may Identification Number (EIN). exempted this system from the have responsive records; and notification, access, and amendment • If your request is seeking records POLICIES AND PRACTICES FOR RETENTION AND procedures of the Privacy Act because it pertaining to another living individual, DISPOSAL OF RECORDS: is a law enforcement system. However, you must include a statement from that TTB retains and disposes of records in Treasury and TTB will consider individual certifying his/her agreement the system in accordance with records individual requests to determine for you to access his/her records. disposition schedule DAA–0564–2013– whether or not information may be Without this bulleted information, the 0003, approved by the National released. Thus, individuals seeking Bureau(s) may not be able to conduct an Archives and Records Administration notification of and access to any record effective search, and your request may (NARA) for TTB. contained in this system of records, or be denied due to lack of specificity or lack of compliance with applicable ADMINISTRATIVE, TECHNICAL, AND PHYSICAL seeking to contest its content, may SAFEGUARDS: inquire in writing in accordance with regulations. instructions appearing at 31 CFR part 1, TTB safeguards records in this system EXEMPTIONS PROMULGATED FOR THE SYSTEM: subpart C, Appendices A–N. Requests in accordance with applicable rules and The Secretary of the Treasury has policies, including all applicable for information and specific guidance on where to send requests for records designated this system as exempt from Treasury automated systems security the following provisions of the Privacy and access policies. TTB has imposed may be addressed to: Assistant Administrator, Permitting and Taxation, Act pursuant to 5 U.S.C. 552a(k)(2): 5 strict controls to minimize the risk of U.S.C. 552a(c)(3), (d)(1), (d)(2), (d)(3), compromising the information that is Alcohol and Tobacco Tax and Trade Bureau, 550 Main Street, Suite 8002, (d)(4), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), being stored. Records stored on and (f). See 31 CFR 1.36 as amended by electronic media are protected by Cincinnati, OH 45202. When seeking records about yourself the final rule published by the controlled access and are encrypted at Department of the Treasury in the rest in the system and when from this system of records or any other Departmental system of records your Federal Register on May 15, 2012 (77 transmitted. Access to the computer FR 28470). system containing the records in this request must conform with the Privacy system is limited to those individuals Act regulations set forth in § 1.26 of 31 HISTORY: CFR part 1. You must first verify your who have a need to know the Notice of this system of records was information for the performance of their identity, meaning that you must provide your full name, current address, and last published in full in the Federal official duties and who have appropriate Register on January 28, 2015, (80 FR clearances. date and place of birth. You must sign your request, and your signature must 4637) as Treasury/TTB .001 Regulatory RECORD ACCESS PROCEDURES: either be notarized or submitted under Enforcement Record System. This system of records has been 28 U.S.C. 1746, a law that permits [FR Doc. 2021–02691 Filed 2–9–21; 8:45 am] determined to be exempt from statements to be made under penalty of BILLING CODE 4810–31–P

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Reader Aids Federal Register Vol. 86, No. 26 Wednesday, February 10, 2021

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

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. 5 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 2634...... 7635 2636...... 7635 The United States Government Manual 741–6000 9880 (revoked by EO 14010) ...... 8267 1201...... 7797 Other Services 10139 (revoked by 7 CFR Electronic and on-line services (voice) 741–6020 Proc. 10144) ...... 8265 1468...... 8113 Privacy Act Compilation 741–6050 10144...... 8265 10145...... 8537 8 CFR 10146...... 8539 ELECTRONIC RESEARCH 214...... 7927, 8543 10147...... 8541 Proposed Rules: World Wide Web Executive Orders: 215...... 8878 12898 (amended by 235...... 8878 Full text of the daily Federal Register, CFR and other publications 14008) ...... 7619 is located at: www.govinfo.gov. 13767 (revoked by 10 CFR Federal Register information and research tools, including Public 14010) ...... 8267 50...... 8685 Inspection List and electronic text are located at: 13815 (revoked by EO 52...... 8685 www.federalregister.gov. 14013) ...... 8839 430...... 8548 13841 (revoked by 431...... 7798, 8553 E-mail 14011) ...... 8273 1061...... 7799 13888 (revoked by EO FEDREGTOC (Daily Federal Register Table of Contents Electronic Proposed Rules: 14013) ...... 8839 Mailing List) is an open e-mail service that provides subscribers 30...... 7819 13895 (revoked by with a digital form of the Federal Register Table of Contents. The 32...... 7819 14007) ...... 7615 digital form of the Federal Register Table of Contents includes 50...... 7820 14007...... 7615 HTML and PDF links to the full text of each document. 14008...... 7619 12 CFR To join or leave, go to https://public.govdelivery.com/accounts/ 14009...... 7793 204...... 8853 USGPOOFR/subscriber/new, enter your email address, then 14010...... 8267 217...... 7927 follow the instructions to join, leave, or manage your 14011...... 8273 225...... 7927 subscription. 14012...... 8277 238...... 7927 PENS (Public Law Electronic Notification Service) is an e-mail 14013...... 8839 252...... 7927 service that notifies subscribers of recently enacted laws. Administrative Orders: 303...... 8089 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Memorandums: 308...... 8104 and select Join or leave the list (or change settings); then follow Memorandum of 338...... 8082 the instructions. September 21, 2016 362...... 8098 (reinstated by EO 390 ...... 8082, 8089, 8098, 8104 FEDREGTOC and PENS are mailing lists only. We cannot 14008) ...... 7619 791...... 7949 respond to specific inquiries. Memorandum of March 1026...... 8283 Reference questions. Send questions and comments about the 6, 2017 (revoked by 1411...... 8854 Federal Register system to: [email protected] EO 14013)...... 8839 Proposed Rules: Memorandum of April The Federal Register staff cannot interpret specific documents or 7...... 7979 4, 2018 (revoked by regulations. 303...... 8145 EO 14010)...... 8267 333...... 8145 Memorandum of April 335...... 8145 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 6, 2018 (revoked by 390...... 8145 EO 14010)...... 8267 7615–7786...... 1 Memorandum of April 13 CFR 7787–7926...... 2 29, 2019 (revoked 120...... 8283 7927–8112...... 3 by EO 14010)...... 8267 8113–8266...... 4 Memorandum of May 14 CFR 8267–8536...... 5 23, 2019 (revoked 25...... 7799 8537–8684...... 8 by Memo. of Feb. 2, 39 ...... 8299, 8302, 8305 8685–8844...... 9 2021) ...... 8281 97...... 7958, 7959 8845–8992...... 10 Memorandum of January 13, 2021 ...... 7787 17 CFR Memorandum of 143...... 7802 January 27, 2021 ...... 8845 200...... 7961 Memorandum of 210...... 8686 February 2, 2021 ...... 8281 232...... 7961, 7968 Presidential 240...... 7637 Determinations: No. 2021–03 of 18 CFR January 14, 2021 ...... 7789 11...... 8855

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153...... 7643 29 CFR 37 CFR 47 CFR 157...... 7643 18...... 7927 10...... 7653 9...... 8714 250...... 8131 22...... 7807, 8687 Proposed Rules: 15...... 8558 292...... 8133 503...... 7927 201...... 8560 51...... 8872 385...... 8131 1986...... 7807, 8687 63...... 8872 Proposed Rules: Proposed Rules: 38 CFR 64...... 8558 35...... 8309 10...... 8325 4...... 8142 Proposed Rules: 516...... 8325 36...... 7811 1...... 8335, 8748 20 CFR 531...... 8325 42...... 7811 2...... 7660 655...... 7927 578...... 8325 25...... 7660 702...... 8686 579...... 8325 39 CFR 51...... 7839 Proposed Rules: 580...... 8325 Proposed Rules: 54...... 8335 655...... 7656 780...... 8326 20...... 7659, 8722 64...... 7681 656...... 7656 788...... 8326 3030...... 8330 90...... 8748 702...... 8721 795...... 8326 40 CFR 48 CFR 22 CFR 30 CFR 52 ...... 8689, 8691, 8693, 8697, 12...... 8308 35...... 7804 1241...... 7808 8868 Proposed Rules: 62...... 8699 25...... 8308 103...... 7804 52...... 8308 127...... 7804 250...... 8878 180 ...... 8700, 8704, 8707, 8710 138...... 7804 550...... 8878 271...... 8713 Proposed Rules: 49 CFR 31 CFR 23 CFR 52 ...... 8561, 8564, 8566, 8569, Proposed Rules: 1010...... 7810 8574, 8722, 8727, 8729, Proposed Rules: 1180...... 8336 8734, 8736, 8742, 8743 470...... 7838 33 CFR 635...... 7838 110...... 7647 42 CFR 50 CFR 655...... 7838 117...... 7649 423...... 7813 10...... 8715 25 CFR 165 .....7651, 7810, 7972, 8140, 486...... 7814 622 ...... 7815, 7977, 8876 8687 1001...... 7815 635...... 8717 575...... 7646 Proposed Rules: 648...... 8559 Proposed Rules: 100...... 8328 43 CFR 679 .....7816, 7817, 7818, 8308, 1000...... 7656 165...... 8157, 8879 10...... 7653 8719 Proposed Rules: 26 CFR 34 CFR 44 CFR 223...... 7686, 8749 Proposed Rules: 36...... 7974 Proposed Rules: 226...... 7686, 8749 1 ...... 7986, 7987, 8721 668...... 7974 206...... 8334 660...... 8750

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