Federal Register

FEDERAL REGISTER

Vol. 86 Monday No. 78 April 26, 2021

Pages 21917–22104

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 86, No. 78

Monday, April 26, 2021

Agricultural Research Service Coast Guard NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Safety Zones: Submissions, and Approvals, 22010 Graduate Boat Parade, Sturgeon Bay, WI, 21988–21990 Special Local Regulations: Agriculture Department Potomac River, between Jones Point, VA, and National See Agricultural Research Service Harbor, MD, 21985–21988 See Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Commerce Department Submissions, and Approvals, 22010–22012 See Economic Analysis Bureau See Foreign-Trade Zones Board Animal and Plant Health Inspection Service See Industry and Security Bureau NOTICES See International Trade Administration Determination of Nonregulated Status: See National Oceanic and Atmospheric Administration J.R. Simplot Co.; Z6 Potatoes with Late Blight Protection, RULES Low Acrylamide Potential, Lowered Reducing Social Security Number Fraud Prevention Act; Sugars, and Reduced Black Spot, 22012 Implementation, 21933–21935

Bureau of Consumer Financial Protection Copyright Office, Library of Congress NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Copyright Alternative in Small-Claims Enforcement Act Submissions, and Approvals, 22036 Regulations: Expedited Registration and Freedom of Information Act, Centers for Disease Control and Prevention 21990–21994 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22052–22056 Defense Department Meetings: NOTICES Disease, Disability, and Injury Prevention and Control Agency Information Collection Activities; Proposals, Special Emphasis Panel, Identify and Evaluate Submissions, and Approvals, 22036–22037 Potential Risk Factors for Amyotrophic Lateral Sclerosis, 22051 Drug Enforcement Administration Disease, Disability, and Injury Prevention and Control NOTICES Special Emphasis Panel, National Center of Agency Information Collection Activities; Proposals, Excellence for the Prevention of Childhood Submissions, and Approvals: Agricultural Injury, 22053 Exempt Chemical Preparations Application, 22070–22071 Importer of Controlled Substances Application: Centers for Medicare & Medicaid Services Rhodes Technologies, 22070 RULES Medicare Program: Durable Medical Equipment Fee Schedule Adjustments to Economic Analysis Bureau Resume the Transitional 50/50 Blended Rates to NOTICES Provide Relief in Rural Areas and Non-Contiguous Meetings: Areas; Extension of Timeline for Final Rule Federal Economic Statistics Advisory Committee, 22013 Publication, 21949–21950 Request for Nominations: Federal Economic Statistics Advisory Committee, 22013– Children and Families Administration 22014 NOTICES Agency Information Collection Activities; Proposals, Education Department Submissions, and Approvals: NOTICES Community Services Block Grant Annual Report, 22056– Agency Information Collection Activities; Proposals, 22057 Submissions, and Approvals: Community Services Block Grant Model State Plan Rural, Insular, and Native Achievement Programs Applications, 22057–22058 Progress Update Protocol, 22041–22042 Follow-up Study of Coaching Practices in Early Care and Applications for New Awards: Education Settings, 22058–22059 Alaska Native and Native Hawaiian; Serving Institutions Civil Rights Commission Program, 22037–22041 NOTICES Meetings: Energy Department Illinois Advisory Committee, 22012–22013 See Federal Energy Regulatory Commission

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Environmental Protection Agency Initial Market-Based Rate Filings Including Requests for RULES Blanket Section 204 Authorizations: Air Quality State Implementation Plans; Approvals and Elora Solar, LLC, 22042 Promulgations: Permit Application: California; Feather River Air Quality Management Energy Recycling Co., LLC, 22046–22047 District, 21941–21942 Solia 9 Hydroelectric, LLC, 22047 New Hampshire; Sulfur Content Limitations for Fuels, Petition for Waiver: 21942–21944 McKenzie Electric Cooperative, Inc., 22043 Pesticide Tolerances: Review of Cost Submittals by Other Federal Agencies for Flupyradifurone; Emergency Exemptions, 21944–21948 Administering Part I of the Federal Power Act, 22042– NOTICES 22043 Systematic Review Protocol for the Vanadium and Compounds (Oral Exposure) IRIS Assessment, 22047– Federal Highway Administration 22048 NOTICES Environmental Impact Statements; Availability, etc.: Equal Employment Opportunity Commission Long Island Rail-Truck Intermodal Facility; Rescission, NOTICES 22094 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22048–22050 Federal Transit Administration NOTICES Federal Aviation Administration Funding Opportunity: RULES Pilot Program for Transit-Oriented Development Airworthiness Directives: Planning; Fiscal Year 2021, 22094–22100 Airbus Helicopters, 21927–21929 Fish and Wildlife Service Airbus SAS Airplanes, 21920–21927 PZL Swidnik S.A. Helicopters, 21917–21920 RULES Standard Instrument Approach Procedures, and Takeoff Endangered and Threatened Species: Minimums and Obstacle Departure Procedures; Listing the Yangtze Sturgeon as an Endangered Species, Miscellaneous Amendments, 21929–21933 21950–21961 PROPOSED RULES PROPOSED RULES Airworthiness Directives: Endangered and Threatened Species: Airbus Canada Limited Partnership (Type Certificate Reclassifying the Virgin Islands Tree Boa from Previously Held by C Series Aircraft Limited Endangered to Threatened; Reclassification of Partnership (CSALP); Bombardier, Inc.) Airplanes, Eugenia woodburyana as Threatened, 22005–22006 21967–21972 Removal of the Dwarf-flowered Heartleaf from the Airbus Helicopters Deutschland GmbH Helicopters, Federal List of Endangered and Threatened Plants, 21965–21967 21994–22005 NOTICES Petition for Exemption; Summary: Food and Drug Administration Wing Aviation, LLC, 22093–22094 PROPOSED RULES Request for Change in Land Use: Filing of Food Additive Petition: 16.2 Acres of Land at Pittsfield Municipal Airport, Ag Chem Resources, LLC; Correction, 21984 NOTICES Pittsfield, MA, 22093 Determination that Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: Federal Bureau of Investigation Sodium Chloride14.6 Percent Solution for Injection, 50 NOTICES Milliequivalent/20 Milliliters, in Plastic Containers, Agency Information Collection Activities; Proposals, 22059–22060 Submissions, and Approvals: Bioterrorism Preparedness Act: Entity/Individual Foreign Assets Control Office Information, 22071–22072 NOTICES Blocking or Unblocking of Persons and Properties, 22101– Federal Communications Commission 22102 NOTICES Agency Information Collection Activities; Proposals, Foreign-Trade Zones Board Submissions, and Approvals, 22050–22051 NOTICES Proposed Production Activity: Federal Energy Regulatory Commission MSD International GMBH (Puerto Rico Branch), LLC, Las RULES Piedras, PR; Foreign-Trade Zone 7, Mayaguez, PR, Data Collection for Analytics and Surveillance and Market– 22014–22015 Based Rate Purposes, 21935–21936 PROPOSED RULES General Services Administration Electric Transmission Incentives Policy under the Federal RULES Power Act, 21972–21984 Civil Monetary Penalties Inflation Adjustment under the NOTICES Program Fraud Civil Remedies Act, 21948–21949 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22044–22046 Health and Human Services Department Combined Filings, 22043–22044 See Centers for Disease Control and Prevention

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See Centers for Medicare & Medicaid Services Investigations; Determinations, Modifications, and Rulings, See Children and Families Administration etc.: See Food and Drug Administration Certain High-Density Fiber Optic Equipment and See National Institutes of Health Components Thereof, 22067–22068 NOTICES Common Alloy Aluminum Sheet from Bahrain, Brazil, Agency Information Collection Activities; Proposals, Croatia, Egypt, Germany, India, Indonesia, Italy, Submissions, and Approvals, 22060 Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey, 22068–22069 Homeland Security Department See Coast Guard Justice Department See U.S. Citizenship and Immigration Services See Drug Enforcement Administration See Federal Bureau of Investigation Housing and Urban Development Department See Justice Programs Office NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Housing Trust Fund, 21984–21985 Submissions, and Approvals: NOTICES Authorization for Release of Consumer/Credit Agency Information Collection Activities; Proposals, Information, 22072 Submissions, and Approvals: Hazardous Devices School Course Application, 22072– The Outcomes Evaluation of the Choice Neighborhoods 22073 Program, 22064–22066 Veterans Housing Rehabilitation and Modification and Justice Programs Office Pilot Program, 22066–22067 NOTICES Agency Information Collection Activities; Proposals, Industry and Security Bureau Submissions, and Approvals: NOTICES 2021 Identity Theft Supplement, 22075 Agency Information Collection Activities; Proposals, Firearm Inquiry Statistics Program, 22074–22075 Submissions, and Approvals: Survey of Sexual Victimization, 22073–22074 Request for Appointment of a Technical Advisory Committee, 22015 Library of Congress Request for Investigation under the Trade Expansion Act, See Copyright Office, Library of Congress 22015–22016 National Aeronautics and Space Administration Interior Department NOTICES See Fish and Wildlife Service Intent to Grant an Exclusive, Co-Exclusive or Partially See Ocean Energy Management Bureau Exclusive Patent License, 22075–22076 See Surface Mining Reclamation and Enforcement Office National Institutes of Health International Trade Administration NOTICES Meetings: NOTICES Advisory Committee to the Director, 22061 Antidumping or Countervailing Duty Investigations, Orders, Center for Scientific Review, 22063 or Reviews: Muscular Dystrophy Coordinating Committee, 22060– Certain Frozen Warmwater Shrimp from the Socialist 22061 Republic of Vietnam, 22021–22022 National Institute of Allergy and Infectious Diseases, Certain Walk-Behind Snow Throwers and Parts Thereof 22061 from the People’s Republic of China, 22022–22026 National Institute of Diabetes and Digestive and Kidney Multilayered Wood Flooring from the People’s Republic Diseases, 22062–22064 of China, 22016–22019 National Institute on Aging, 22062 Polyethylene Retail Carrier Bags from Malaysia, 22019– National Institute on Alcohol Abuse and Alcoholism, 22020 22061 Seamless Carbon and Alloy Steel Standard, Line, and National Institute on Drug Abuse, 22063–22064 Pressure Pipe from the Czech Republic, 22031–22033 Twist Ties from the People’s Republic of China; National Oceanic and Atmospheric Administration Correction, 22026 RULES Investigations; Determinations, Modifications, and Rulings, Fisheries of the Northeastern United States: etc.: Northeast Multispecies Fishery; Common Pool Fishery Certain Walk-Behind Snow Throwers and Parts Thereof and Other Measures for Fishing Year 2021, 21961– from the People’s Republic of China, 22026–22031 21964 Subsidy Programs Provided by Countries Exporting PROPOSED RULES Softwood Lumber and Softwood Lumber Products to Atlantic Highly Migratory Species: the United States, 22020–22021 Federal Atlantic Tunas Regulations in Maine State Waters, 22006–22009 International Trade Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Complaint: Submissions, and Approvals: Certain Wearable Electronic Devices with ECG Capability Economic Analysis of Shoreline Treatment Options for and Components Thereof, 22069–22070 Coastal New Hampshire, 22034–22036

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Meetings: Surface Mining Reclamation and Enforcement Office South Atlantic Fishery Management Council, 22034 RULES Request for Nominations: Kentucky Regulatory Program, 21937–21941 Western and Central Pacific Fisheries Commission Permanent Advisory Committee, 22033–22034 Surface Transportation Board NOTICES Nuclear Regulatory Commission Control and Merger; Trackage Rights Exemptions; Operation NOTICES Exemption; and Discontinuance Exemptions: Agency Information Collection Activities; Proposals, CSX Corp. and CSX Transportation, Inc., et al.; Pan Am Submissions, and Approvals: Systems, Inc., Pan Am Railways, Inc., Boston and Criteria and Procedures for Emergency Access to Non- Maine Corp., et al., 22091–22092 Federal and Regional Low-Level Waste Disposal Facilities, 22076–22077 Trade Representative, Office of United States Requests to Agreement States and Non-Agreement States NOTICES for Information, 22077–22078 Product Exclusions: Ocean Energy Management Bureau China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and NOTICES Innovation, 22092–22093 Outer Continental Shelf Oil and Gas Lease Sales, 22067

Personnel Management Office Transportation Department NOTICES See Federal Aviation Administration January 2021 Pay Schedules, 22078–22079 See Federal Highway Administration See Federal Transit Administration Postal Regulatory Commission NOTICES NOTICES Meetings: New Postal Products, 22079–22080 Air Ambulance and Patient Billing Advisory Committee Matters, 22100–22101 Securities and Exchange Commission NOTICES Treasury Department Meetings; Sunshine Act, 22083–22084 See Foreign Assets Control Office Self-Regulatory Organizations; Proposed Rule Changes: Nasdaq PHLX, LLC, 22082–22083 U.S. Citizenship and Immigration Services New York Stock Exchange, LLC, 22080–22082 NOTICES Identifying Barriers Across Benefits and Services, 22064 State Department NOTICES Unified Carrier Registration Plan Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings; Sunshine Act, 22102–22103 Grant Request Automated Submissions Program, 22084– 22085 Overseas Schools Grant Status Report, 22084 Bureau of Political-Military Affairs, Directorate of Defense Reader Aids Trade Controls: Consult the Reader Aids section at the end of this issue for Notifications to the Congress of Proposed Commercial phone numbers, online resources, finding aids, and notice Export Licenses, 22085–22089 of recently enacted public laws. Charter Renewal: To subscribe to the Federal Register Table of Contents President’s Emergency Plan for AIDS Relief Scientific electronic mailing list, go to https://public.govdelivery.com/ Advisory Board, 22089–22090 accounts/USGPOOFR/subscriber/new, enter your e-mail Sanctions Actions Reimposing Certain Sanctions with address, then follow the instructions to join, leave, or Respect to Iran, 22090 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.

14 CFR 39 (4 documents) ...... 21917, 21920, 21923, 21927 97 (2 documents) ...... 21919, 21932 Proposed Rules: 39 (3 documents) ...... 21965, 21967, 21969 15 CFR 4...... 21933 18 CFR 35...... 21935 Proposed Rules: 35...... 21972 21 CFR Proposed Rules: 573...... 21984 24 CFR Proposed Rules: 93...... 21984 30 CFR 917...... 21937 33 CFR Proposed Rules: 100...... 21985 165...... 21988 37 CFR Proposed Rules: 201...... 21990 203...... 21990 221...... 21990 40 CFR 52 (2 documents) ...... 21941, 21942 180...... 21944 41 CFR 105–70...... 21948 42 CFR 414...... 21949 50 CFR 17...... 21950 648...... 21961 Proposed Rules: 17 (2 documents) ...... 21994, 21995 635...... 22006

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Rules and Regulations Federal Register Vol. 86, No. 78

Monday, April 26, 2021

This section of the FEDERAL REGISTER • Mail: Send comments to the U.S. (S.A.) Model PZL W–3A helicopters contains regulatory documents having general Department of Transportation, Docket with a Collins Aerospace (formerly applicability and legal effect, most of which Operations, M–30, West Building Goodrich) electric hoist assembly (hoist) are keyed to and codified in the Code of Ground Floor, Room W12–140, 1200 part number (P/N) 76378–500 having Federal Regulations, which is published under New Jersey Avenue SE, Washington, DC stainless steel cable P/N 712952 50 titles pursuant to 44 U.S.C. 1510. 20590–0001. installed. EASA advises that • The Code of Federal Regulations is sold by Hand Delivery: Deliver to the occurrences were reported of cables the Superintendent of Documents. ‘‘Mail’’ address between 9 a.m. and 5 found worn out; the damage consisted p.m., Monday through Friday, except of reduction of the cable diameter near Federal holidays. the swaged terminal. EASA states that DEPARTMENT OF TRANSPORTATION subsequent investigation identified that Examining the AD Docket the extensive cable wear was possibly Federal Aviation Administration You may examine the AD docket on caused by flickering movement of the the internet at https:// hook assembly in the stowage position 14 CFR Part 39 www.regulations.gov by searching for during flights. EASA further states that [Docket No. FAA–2021–0299; Project and locating Docket No. FAA–2021– this condition, if not detected and Identifier MCAI–2020–00253–R; Amendment 0299; or in person at Docket Operations corrected, could lead to reduction of the 39–21510; AD 2021–08–16] between 9 a.m. and 5 p.m., Monday cable strength, possibly resulting in an through Friday, except Federal holidays. RIN 2120–AA64 in-flight loss of the hoist load, injury to The AD docket contains this AD, the persons, or damage to and reduced Airworthiness Directives; PZL Swidnik European Union Aviation Safety Agency control of the helicopter. S.A. Helicopters (EASA) AD, any service information Accordingly, EASA AD 2020–0017 that is incorporated by reference, any requires repetitive inspections of the AGENCY: Federal Aviation comments received, and other cable to detect cable condition and Administration (FAA), Department of information. The street address for diameter restriction and based on those Transportation (DOT). Docket Operations is listed above. inspection results, either replacing parts ACTION: Final rule; request for Comments will be available in the AD or additional maintenance actions and comments. docket shortly after receipt. reporting non-compliant inspection For Goodrich Actuation Systems and results to Collins Aerospace. For SUMMARY: The FAA is adopting a new WYTWO´ RNIA SPRZE˛ TU helicopters that do not have the affected airworthiness directive (AD) for PZL KOMUNIKACYJNEGO ‘‘PZL-S´ widnik’’ hoist installed, EASA AD 2020–0017 Swidnik S.A. (PZL) Model W–3A Spo´lka Akcyjna service information allows installing an affected hoist helicopters. This AD requires repetitive identified in this final rule, contact provided that it is new (never inspections of a certain part-numbered WSK ‘‘PZL-S´ widnik’’ S.A., Al. Lotniko´w previously installed), overhauled (never stainless steel cable (cable) installed on Polskich 1, 21–045 S´ widnik, Poland, installed after overhaul), or has passed a certain part-numbered hoist assembly, telephone +48 664 424 798, or at an inspection (no defect found, or and depending on those inspection www.pzl.swidnik.pl. You may view the defects corrected), less than 25 flight results, removing certain parts from referenced service information at the hours before installation, in accordance service and reporting the results. This FAA, Office of the Regional Counsel, with the instructions of the service AD also prohibits installing the affected Southwest Region, 10101 Hillwood information. part unless it is inspected per the AD Pkwy., Room 6N–321, Fort Worth, TX FAA’s Determination requirements. This AD was prompted by 76177. It is also available on the internet wear of and damage to the cable near at https://www.regulations.gov by These helicopters have been approved by EASA and are approved for operation the swaged terminal due to movement searching for and locating Docket No. in the United States. Pursuant to the of the hook assembly. The actions of FAA–2021–0299. FAA’s bilateral agreement with the this AD are intended to address an FOR FURTHER INFORMATION CONTACT: unsafe condition on these products. European Union, EASA has notified the Kristi Bradley, Aerospace Engineer, FAA of the unsafe condition described DATES: This AD becomes effective May General Aviation & Rotorcraft Section, in its AD. The FAA is issuing this AD 11, 2021. International Validation Branch, FAA, after evaluating all information The Director of the Federal Register 10101 Hillwood Pkwy., Fort Worth, TX provided by EASA and determining the approved the incorporation by reference 76177; telephone 817–222–5110; email unsafe condition exists and is likely to of a certain document listed in this AD [email protected]. exist or develop on other helicopters of as of May 11, 2021. SUPPLEMENTARY INFORMATION: the same type design. The FAA must receive comments on this AD by June 25, 2021. Background Related Service Information Under 1 ADDRESSES: You may send comments by EASA, which is the Technical Agent CFR Part 51 any of the following methods: for the Member States of the European The FAA reviewed Goodrich • Federal eRulemaking Docket: Go to Union, has issued EASA AD 2020–0017, Actuation Systems Alert Service https://www.regulations.gov. Follow the dated January 30, 2020, to correct an Bulletin 76378–500–25–P01, Revision 0, online instructions for sending your unsafe condition for all serial-numbered dated December 3, 2019 (ASB 76378– comments electronically. Wytwo´rnia Sprze˛tu Komunikacyjnego 500–25–P01). ASB 76378–500–25–P01 • Fax: 202–493–2251. (WSK) ‘‘PZL-S´ widnik’’ Spo´5ka Akcyjna specifies procedures to visually inspect

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the cable near the swaged terminal for comment procedures for rules when the of this AD. Submissions containing CBI cable diameter restriction, the hook agency, for ‘‘good cause,’’ finds that should be sent to Kristi Bradley, assembly stowage force, and the hook those procedures are ‘‘impracticable, Aerospace Engineer, General Aviation & assembly stowage at the up limit. ASB unnecessary, or contrary to the public Rotorcraft Section, International 76378–500–25–P01 also specifies interest.’’ Under this section, an agency, Validation Branch, FAA, 10101 corrective action and reporting certain upon finding good cause, may issue a Hillwood Pkwy., Fort Worth, TX 76177; data if the cable is not compliant due to final rule without seeking comment telephone 817–222–5110; email cable diameter restriction and the prior to the rulemaking. Further, section [email protected]. Any results of the hook assembly stowage 553(d) of the APA authorizes agencies to commentary that the FAA receives force inspection. make rules effective in less than thirty which is not specifically designated as ASB 76378–500–25–P01 is an days, upon a finding of good cause. CBI will be placed in the public docket attachment to WYTWO´ RNIA SPRZE˛ TU There are no helicopters with this for this rulemaking. KOMUNIKACYJNEGO ‘‘PZL-S´ widnik’’ type certificate on the U.S. Registry. Spo´lka Akcyjna Alert Service Bulletin Accordingly, notice and opportunity for Regulatory Flexibility Act No. ASB–37–19–309, dated January 28, prior public comment are unnecessary The requirements of the Regulatory 2020 (ASB–37–19–309). ASB 76378– pursuant to 5 U.S.C. 553(b)(3)(B). In Flexibility Act (RFA) do not apply when 500–25–P01 is incorporated by addition, for the reasons stated above, an agency finds good cause pursuant to reference in this AD. ASB–37–19–309 is the FAA finds that good cause exists 5 U.S.C. 553 to adopt a rule without not incorporated by reference in this pursuant to 5 U.S.C. 553(d) for making prior notice and comment. Because the AD. this amendment effective in less than 30 FAA has determined that it has good This service information is reasonably days. cause to adopt this rule without notice available because the interested parties Comments Invited and comment, RFA analysis is not have access to it through their normal required. course of business or by the means The FAA invites you to send any identified in the ADDRESSES section. written data, views, or arguments about Costs of Compliance this final rule. Send your comments to Other Related Service Information an address listed under ADDRESSES. There are no costs of compliance associated with this AD because there The FAA also reviewed ASB–37–19– Include ‘‘Docket No. FAA–2021–0299 are no helicopters with this type 309. ASB–37–19–309 specifies and Project Identifier MCAI–2020– certificate on the U.S. Registry. accomplishing repetitive visual 00253–R’’ at the beginning of your inspections of the cable near the swaged comments. The most helpful comments Paperwork Reduction Act terminal for cable diameter restriction reference a specific portion of the final A federal agency may not conduct or and a one-time inspection of the hook rule, explain the reason for any sponsor, and a person is not required to assembly stowage force. ASB–37–19– recommended change, and include respond to, nor shall a person be subject 309 also provides a reminder to supporting data. The FAA will consider to penalty for failure to comply with a accomplish the hook assembly stowage all comments received by the closing collection of information subject to the procedure after each individual hoisting date and may amend this final rule requirements of the Paperwork operation performed in flight or on the because of those comments. Reduction Act unless that collection of ground. Except for Confidential Business Information (CBI) as described in the information displays a currently valid AD Requirements following paragraph, and other OMB Control Number. The OMB This AD requires within 25 hours information as described in 14 CFR Control Number for this information time-in-service accumulated by the 11.35, the FAA will post all comments collection is 2120–0056. Public hoist (hoist hours) after the effective received, without change, to https:// reporting for this collection of date of this AD, and thereafter at www.regulations.gov, including any information is estimated to be intervals not to exceed 25 hoist hours personal information you provide. The approximately 1 hour per response, for all PZL Model W–3A helicopters agency will also post a report including the time for reviewing with hoist P/N 76378–500 having summarizing each substantive verbal instructions, searching existing data stainless steel cable P/N 712952 contact received about this final rule. sources, gathering and maintaining the installed, inspecting the cable for wear data needed, and completing and Confidential Business Information and damage, inspecting the reviewing the collection of information. measurement of the diameter of the CBI is commercial or financial All responses to this collection of cable, and removing the cable from information that is both customarily and information are mandatory. Send service or replacing the cable with an actually treated as private by its owner. comments regarding this burden airworthy part before further hoist Under the Freedom of Information Act estimate or any other aspect of this operation if certain criteria is met. This (FOIA) (5 U.S.C. 552), CBI is exempt collection of information, including AD also requires following certain from public disclosure. If your suggestions for reducing this burden, to: reinstallation steps and reporting certain comments responsive to this AD contain Information Collection Clearance information. Finally, this AD prohibits commercial or financial information Officer, Federal Aviation installing an affected hoist or cable that is customarily treated as private, Administration, 10101 Hillwood unless they meet the conditions as that you actually treat as private, and Parkway, Fort Worth, TX 76177–1524. required by this AD. that is relevant or responsive to this AD, Authority for This Rulemaking it is important that you clearly designate Justification for Immediate Adoption the submitted comments as CBI. Please Title 49 of the United States Code and Determination of the Effective Date mark each page of your submission specifies the FAA’s authority to issue Section 553(b)(3)(B) of the containing CBI as ‘‘PROPIN.’’ The FAA rules on aviation safety. Subtitle I, Administrative Procedure Act (APA) (5 will treat such marked submissions as section 106, describes the authority of U.S.C. 551 et seq.) (5 U.S.C.) authorizes confidential under the FOIA, and they the FAA Administrator. Subtitle VII: agencies to dispense with notice and will not be placed in the public docket Aviation Programs, describes in more

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detail the scope of the Agency’s (c) Applicability on the upper part, and bring the hook authority. This AD applies to PZL Swidnik S.A. (PZL) assembly back to the stowage position. The FAA is issuing this rulemaking Model W–3A helicopters, certificated in any (3) As of the effective date of this AD, do under the authority described in category, with a Collins Aerospace (formerly not install a hoist or cable with a P/N Goodrich) electric hoist (hoist) part number identified in paragraph (c) of this AD unless Subtitle VII, Part A, Subpart III, Section they meet the conditions as required by 44701: General requirements. Under (P/N) 76378–500 with a stainless steel cable (cable) P/N 712952 installed. paragraph (g) of this AD. that section, Congress charges the FAA with promoting safe flight of civil (d) Subject (h) Alternative Methods of Compliance (AMOCs) aircraft in air commerce by prescribing Joint Aircraft Service Component (JASC) regulations for practices, methods, and Code: 2597, Equip/Furnishing System (1) The Manager, International Validation procedures the Administrator finds Wiring. Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the necessary for safety in air commerce. (e) Unsafe Condition This regulation is within the scope of procedures found in 14 CFR 39.19. In This AD defines the unsafe condition as accordance with 14 CFR 39.19, send your that authority because it addresses an wear and reduction of the cable diameter request to your principal inspector or local unsafe condition that is likely to exist or near the swaged terminal due to movement Flight Standards District Office, as develop on products identified in this of the hook assembly. This condition could appropriate. If sending information directly rulemaking action. result in reduced strength of the cable, to the manager of the International Validation potentially resulting in an in-flight loss of the Branch, send it to the attention of the person Regulatory Findings hoist load, injury to persons, and reduced identified in paragraph (i)(1) of this AD. The FAA determined that this AD control of or damage to the helicopter. Information may be emailed to: 9-AVS-AIR- [email protected]. will not have federalism implications (f) Compliance under Executive Order 13132. This AD (2) Before using any approved AMOC, Comply with this AD within the notify your appropriate principal inspector, will not have a substantial direct effect compliance times specified, unless or lacking a principal inspector, the manager on the States, on the relationship accomplished previously. of the local flight standards district office/ between the national Government and certificate holding district office. the States, or on the distribution of (g) Required Actions power and responsibilities among the (1) Within 25 hours time-in service on the (i) Related Information various levels of government. hoist (hoist hours) after the effective date of (1) For more information about this AD, this AD, and thereafter at intervals not to For the reasons discussed, I certify contact Kristi Bradley, Aerospace Engineer, exceed 25 hoist hours: General Aviation & Rotorcraft Section, that this AD: (2) Remove the bottom part of the hook International Validation Branch, FAA, 10101 1. Is not a ‘‘significant regulatory assembly, disengage and lift the hook Hillwood Pkwy., Fort Worth, TX 76177; action’’ under Executive Order 12866, assembly, clean the cable near the swaged telephone 817–222–5110; email and terminal, and visually inspect for wear and [email protected]. 2. Will not affect intrastate aviation in damage. For the purposes of this AD, damage (2) WYTWO´ RNIA SPRZE˛ TU Alaska. may be indicated by broken wires, kinks, bird KOMUNIKACYJNEGO ‘‘PZL-S´ widnik’’ cages, flattened areas, abrasion, necking, Spo´lka Akcyjna Mandatory Alert Service List of Subjects in 14 CFR Part 39 corrosion, or fretting. Visually inspect the Bulletin No. BO–37–19–309, dated January area at no less than 12 cm of the cable Air transportation, Aircraft, Aviation 28, 2020, which is not incorporated by between the cable swaged terminal and the reference, contains additional information safety, Incorporation by reference, hook assembly, as depicted in Figures 2 and about the subject of this AD. For service Safety. 3 of Goodrich Actuation Systems Alert information identified in this AD, contact ´ Adoption of the Amendment Service Bulletin 76378–500–25–P01, WSK ‘‘PZL-Swidnik’’ S.A., Al. Lotniko´w Revision 0, dated December 3, 2019 (ASB Polskich 1, 21–045 S´ widnik, Poland; Accordingly, under the authority 76378–500–25–P01). telephone +48–664 424 798; fax (+48) 817 delegated to me by the Administrator, (i) If the cable is worn or damaged, before 225 710; or at www.pzl.swidnik.pl. You may the FAA amends 14 CFR part 39 as the next hoist operation, remove the cable view this referenced service information at follows: from service and replace with an airworthy the FAA, Office of the Regional Counsel, part. Within 30 calendar days, email the non- Southwest Region, 10101 Hillwood Pkwy., PART 39—AIRWORTHINESS compliant information in accordance with Room 6N–321, Fort Worth, TX 76177. For DIRECTIVES paragraph 3.A.(4)(a) of ASB 76378–500–25– information on the availability of this P01 to PL-CustomerSupport.AW@ material at the FAA, call (817) 222–5110. leonardocompany.com. ■ 1. The authority citation for part 39 (3) The subject of this AD is addressed in (ii) If there is no damage, before the next European Union Aviation Safety Agency continues to read as follows: hoist operation, inspect the cable diameter (EASA) AD 2020–0017, dated January 30, Authority: 49 U.S.C. 106(g), 40113, 44701. restriction on the 12 cm length ensuring the 2020. You may view the EASA AD on the cable diameter is ≥4.60 mm (0.181 in) paying internet at https://www.regulations.gov by § 39.13 [Amended] particular attention to the cable diameter searching for and locating it in Docket No. ■ which is approximately 1 cm from the cable FAA–2021–0299. 2. The FAA amends § 39.13 by adding swaged terminal. the following new airworthiness (iii) If the cable diameter is less than 4.60 (j) Material Incorporated by Reference directive: mm (0.181 in), before the next hoist (1) The Director of the Federal Register 2021–08–16 PZL Swidnik S.A.: operation, replace the cable with an approved the incorporation by reference of Amendment 39–21510; Docket No. airworthy part. Within 30 calendar days, the service information listed in this FAA–2021–0299; Project Identifier email the non-complaint information in paragraph under 5 U.S.C. 552(a) and 1 CFR MCAI–2020–00253–R. accordance with paragraph 3.B.(1)(f) of ASB part 51. 76378–500–25–P01 to PL- (2) You must use this service information (a) Effective Date CustomerSupport.AW@ as applicable to do the actions required by This airworthiness directive (AD) is leonardocompany.com. this AD, unless the AD specifies otherwise. effective May 11, 2021. (iv) If the cable diameter is ≥4.60 mm (i) Goodrich Actuation Systems Alert (0.181 in), lubricate the cable with oil MIL– Service Bulletin 76378–500–25–P01, (b) Affected ADs L–23699 or MIL–L–7808, or equivalent, Revision 0, dated December 3, 2019 (ASB None. reassemble bottom part of the hook assembly 76378–500–25–P01).

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Note 1 to paragraph (j)(2)(i): ASB 76378– potential source of increased flow Discussion 500–25–P01 is attached to WYTWO´ RNIA resistance within the flightcrew oxygen SPRZE˛ TU KOMUNIKACYJNEGO ‘‘PZL- The EASA, which is the Technical ´ system. This AD requires a detailed Agent for the Member States of the Swidnik’’ Spo´lka Akcyjna Alert Service inspection (flow test) of certain solenoid Bulletin No. ASB–37–19–309, dated January European Union, has issued EASA AD 28, 2020, which is not incorporated by valves, and replacement if necessary, as 2020–0104R1 dated January 28, 2021 reference in this AD. specified in European Union Aviation (EASA AD 2020–0104R1) (referred to (ii) [Reserved] Safety Agency (EASA) ADs, which are after this as the Mandatory Continuing (3) As the design approval holder for the incorporated by reference. The FAA is Airworthiness Information, or the product identified in paragraph (c) of this issuing this AD to address the unsafe MCAI), to correct an unsafe condition AD, contact PZL Swidnik S.A. for the condition on these products. for all Airbus SAS Model A318–111, Goodrich Actuation Systems service DATES: This AD is effective June 1, 2021. A318–112, A318–121, and A318–122 information identified in this AD, at WSK The Director of the Federal Register ´ airplanes; Model A319–111, A319–112, ‘‘PZL-Swidnik’’ S.A., Al. Lotniko´w Polskich approved the incorporation by reference 1, 21–045 S´ widnik, Poland; telephone +48– A319–113, A319–114, A319–115, A319– of certain publications listed in this AD 131, A319–132, and A319–133 664 424 798; fax (+48) 817 225 710; or at as of June 1, 2021. www.pzl.swidnik.pl. airplanes; Model A320–211, A320–212, (4) You may view this service information ADDRESSES: For EASA material A320–214, A320–216, A320–231, A320– at the FAA, Office of the Regional Counsel, incorporated by reference (IBR) in this 232, and A320–233 airplanes; and Southwest Region, 10101 Hillwood Pkwy., AD, contact EASA, Konrad-Adenauer- Model A321–111, A321–112, A321–131, Room 6N–321, Fort Worth, TX 76177. For Ufer 3, 50668 Cologne, Germany; A321–211, A321–212, A321–213, A321– information on the availability of this telephone +49 221 8999 000; email 231, and A321–232 airplanes. material at the FAA, call 817–222–5110. [email protected]; internet The FAA issued a notice of proposed (5) You may view this service information www.easa.europa.eu. You may find this rulemaking (NPRM) to amend 14 CFR that is incorporated by reference at the IBR material on the EASA website at National Archives and Records part 39 by adding an AD that would Administration (NARA). For information on https://ad.easa.europa.eu. For Airbus apply to all Airbus SAS Model A318 the availability of this material at NARA, SAS service information incorporated series airplanes; Model A319–111, email [email protected], or go to: https:// by reference in this final rule, contact A319–112, A319–113, A319–114, A319– www.archives.gov/federal-register/cfr/ibr- Airbus SAS, Airworthiness Office— 115, A319–131, A319–132, and A319– locations.html. EIAS, Rond-Point Emile Dewoitine No: 133 airplanes; Model A320–211, A320– Issued on April 7, 2021. 2, 31700 Blagnac Cedex, France; 212, A320–214, A320–216, A320–231, Lance T. Gant, telephone +33 5 61 93 36 96; fax +33 5 A320–232, and A320–233 airplanes; and 61 93 44 51; email account.airworth- Director, Compliance & Airworthiness Model A321–111, A321–112, A321–131, Division, Aircraft Certification Service. [email protected]; internet https:// A321–211, A321–212, A321–213, A321– www.airbus.com. You may view this [FR Doc. 2021–08567 Filed 4–23–21; 8:45 am] 231, and A321–232 airplanes. The IBR material at the FAA, Airworthiness BILLING CODE 4910–13–P NPRM published in the Federal Products Section, Operational Safety Register on October 15, 2020 (85 FR Branch, 2200 South 216th St., Des 65282). The NPRM was prompted by DEPARTMENT OF TRANSPORTATION Moines, WA. For information on the reports that certain oxygen supply availability of this material at the FAA, solenoid valves are a potential source of Federal Aviation Administration call 206–231–3195. It is also available in increased flow resistance within the the AD docket on the internet at https:// flightcrew oxygen system. The NPRM 14 CFR Part 39 www.regulations.gov by searching for proposed to require a detailed and locating Docket No. FAA–2020– inspection (flow test) of certain solenoid [Docket No. FAA–2020–0851; Product 0851. Identifier 2020–NM–081–AD; Amendment valves, and replacement if necessary, as 39–21507; AD 2021–08–13] Examining the AD Docket specified in EASA AD 2020–0104R1. The FAA is issuing this AD to address RIN 2120–AA64 You may examine the AD docket on increased flow resistance within the the internet at https:// flightcrew oxygen system, which could Airworthiness Directives; Airbus SAS www.regulations.gov by searching for Airplanes lead to a reduced flow of oxygen supply and locating Docket No. FAA–2020– to the flightcrew oxygen masks, and in AGENCY: Federal Aviation 0851; or in person at Docket Operations combination with in-flight Administration (FAA), Department of between 9 a.m. and 5 p.m., Monday depressurization, smoke in the flight Transportation (DOT). through Friday, except Federal holidays. deck, or a smoke evacuation procedure, The AD docket contains this final rule, ACTION: Final rule. could lead to flightcrew hypoxia and any comments received, and other loss of useful consciousness, resulting SUMMARY: The FAA is adopting a new information. The address for Docket in loss of control of the airplane. See the airworthiness directive (AD) for all Operations is U.S. Department of MCAI for additional background Airbus SAS Model A318 series Transportation, Docket Operations, M– information. airplanes; Model A319–111, A319–112, 30, West Building Ground Floor, Room A319–113, A319–114, A319–115, A319– W12–140, 1200 New Jersey Avenue SE, Revised EASA AD 131, A319–132, and A319–133 Washington, DC 20590. In the NPRM, the FAA referred to airplanes; Model A320–211, A320–212, FOR FURTHER INFORMATION CONTACT: EASA AD 2020–0104, dated May 7, A320–214, A320–216, A320–231, A320– Sanjay Ralhan, Aerospace Engineer, 2020 (EASA AD 2020–0104). Since the 232, and A320–233 airplanes; and Large Aircraft Section, International NPRM was issued, EASA issued AD Model A321–111, A321–112, A321–131, Validation Branch, FAA, 2200 South 2020–0104R1, which clarifies that A321–211, A321–212, A321–213, A321– 216th St., Des Moines, WA 98198; certain solenoid valves are no longer 231, and A321–232 airplanes. This AD telephone and fax 206–231–3223; email considered affected parts. was prompted by reports that certain [email protected]. The agency determined that no oxygen supply solenoid valves are a SUPPLEMENTARY INFORMATION: additional work is required for airplanes

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that have accomplished the actions as discussed during development of its oxygen cylinder is fully open would required by EASA AD 2020–0104. original proposed AD. It was increase the work involved to Therefore, the agency has revised all determined that, because of the accomplish each test versus doing only applicable sections in this final rule to potential differences in the oxygen a check for the sole purpose of also specify EASA AD 2020–0104R1. system architecture in the configuration demonstrating compliance with an AD. of different airplanes, a part that Neither Airbus nor EASA recommend Comments successfully passed the three masks changing the order of the actions The FAA gave the public the flow test on one airplane does not identified as RC in the Airbus SAS opportunity to participate in developing guarantee that an air flow deficit would service bulletin and the FAA concurs. this final rule. The following presents not exist if that part was moved to However, the FAA does not have any the comments received on the NPRM another airplane with a different oxygen objection if the commenter or any and the FAA’s response to each system configuration. In addition, operator includes a step in the test comment. Airbus recommended that a pass/fail preparation to ensure that the oxygen label not be applied to tested valves to Support for the NPRM cylinder is fully open to avoid the avoid complications in tracking parts duplicative test identified by the The Air Line Pilots Association, based on the tested oxygen system commenter. The FAA has not revised International (ALPA) stated that it configuration. For these reasons, the this AD in regard to this issue. supports the NPRM. FAA finds that no change to this AD is Conclusion Request To Allow Use of Additional necessary in regard to this issue. Service Information Request To Clarify Parts Installation The FAA reviewed the relevant data, American Airlines (AA) requested Paragraph considered the comments received, and determined that air safety and the that operators be allowed to use the UAL stated that it objected to public interest require adopting this deviation provided in an Airbus paragraph (3), Part(s) Installation, of final rule with the changes described technical adaptation for a certain EASA AD 2020–0104 that was referred previously and minor editorial changes. solenoid valve test. The operator noted to in the proposed AD. The commenter The FAA has determined that these that there is a discrepancy in the Airbus stated that, in the interest of safety, an minor changes: service bulletin specified in EASA AD affected part should not be allowed to • 2020–0104. The commenter explained be installed on an airplane. The FAA Are consistent with the intent that that one of the required for compliance infers that the commenter is requesting was proposed in the NPRM for (RC) paragraphs in the service bulletin that the proposed AD be revised to addressing the unsafe condition; and states that a test of the solenoid valve is include a Parts Installation Prohibition • Do not add any additional burden required, no matter the result of the paragraph to prohibit operators from upon the public than was already three masks flow test, but a flowchart in installing an affected part on an proposed in the NPRM. that service bulletin does not indicate airplane. The FAA also determined that these that this test is required if the three The FAA does not agree with the changes will not increase the economic masks flow test was successful. The commenter’s request. The FAA has burden on any operator or increase the commenter stated that it contacted determined that if, before the next flight scope of this final rule. Airbus regarding this issue and Airbus after installation on an airplane, an confirmed that there is an error and affected part passes the required flow Related Service Information Under 1 provided a Design Organization test, the unsafe condition identified in CFR Part 51 Approval (DOA) approved technical this AD has been addressed and there is EASA ADs 2020–0104 and 2020– adaptation to address that error. not a safety of flight issue. The FAA has 0104R1 describe procedures for doing a The FAA agrees with the commenter’s not revised this AD in regard to this detailed inspection (flow test) of certain request for the reasons provided. The issue. solenoid valves using the flightcrew FAA has added paragraph (h)(4) to this Request To Omit Duplicate Test oxygen masks and replacing any AD to allow the use of Airbus Technical solenoid valve that fails the flow test UAL requested that the order of Adaptation 80843604/008/2020, Issue 1, with a serviceable part. These certain actions identified as RC in the dated November 3, 2020. documents are distinct since AD 2020– Airbus SAS service bulletin specified in 0104R1 clarifies that certain solenoid Request To Include Requirement for EASA AD 2020–0104 be changed. The valves are no longer considered affected Part Marking commenter suggested that, instead of parts. United Air Lines (UAL) requested that waiting until after the failure of a test to affected parts that were inspected and check that the oxygen storage cylinder Airbus SAS has issued Technical passed the three masks flow test be is fully open and then doing the test Adaptation 80843604/008/2020, Issue 1, marked. The commenter explained that again, the check of the oxygen cylinder dated November 3, 2020, which this would assist operators in easily should be part of the test preparation. specifies that, when a solenoid valve identifying an affected part that has The commenter explained that this successfully passes the three masks flow been inspected and passed the three would preclude the repetition of the test, operators do not need to do the test masks flow test. The commenter stated test. specified in paragraph 3.E.(1) of the that this would prevent the part from The FAA disagrees with the Accomplishment Instructions of the being tied to a specific airplane and commenter’s request. The FAA Airbus SAS service information would allow installation of that part on conferred with EASA and it is presumed specified in EASA ADs 2020–0104 and another airplane. that the oxygen cylinder is fully open 2020–0104R1. The FAA disagrees with the prior to starting the test. In addition, the This material is reasonably available commenter’s request. The FAA majority of test reports provided by because the interested parties have conferred with EASA and EASA operators to Airbus and EASA did not access to it through their normal course responded that allowing an affected part identify any flow blockage. Therefore, of business or by the means identified to become a rotable part had been adding the step to ensure that the in the ADDRESSES section.

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Costs of Compliance The FAA estimates the following costs The FAA estimates that this AD to comply with this AD: affects 1,100 airplanes of U.S. registry.

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

3 work-hours × $85 per hour = $255 ...... $0 $255 $280,500

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

ESTIMATED COSTS OF ON-CONDITION ACTION

Cost per Labor cost Parts cost product

1 work-hour × $85 per hour = $85 ...... $ * $85 * The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the on-condition replacement specified in this AD.

According to the manufacturer, some responsibilities among the various (b) Affected ADs or all of the costs of this AD may be levels of government. None. covered under warranty, thereby For the reasons discussed above, I (c) Applicability reducing the cost impact on affected certify that this AD: operators. The FAA does not control This AD applies to all Airbus SAS (1) Is not a ‘‘significant regulatory airplanes specified in paragraphs (c)(1) warranty coverage for affected operators. action’’ under Executive Order 12866, through (4) of this AD, certificated in any As a result, the FAA has included all (2) Will not affect intrastate aviation category. known costs in our cost estimate. in Alaska, and (1) Model A318–111, A318–112, A318– (3) Will not have a significant 121, and A318–122 airplanes. Authority for This Rulemaking (2) Model A319–111, A319–112, A319– economic impact, positive or negative, 113, A319–114, A319–115, A319–131, A319– Title 49 of the United States Code on a substantial number of small entities 132, and A319–133 airplanes. specifies the FAA’s authority to issue under the criteria of the Regulatory (3) Model A320–211, A320–212, A320– rules on aviation safety. Subtitle I, Flexibility Act. 214, A320–216, A320–231, A320–232, and section 106, describes the authority of A320–233 airplanes. List of Subjects in 14 CFR Part 39 the FAA Administrator. Subtitle VII: (4) Model A321–111, A321–112, A321– Aviation Programs, describes in more Air transportation, Aircraft, Aviation 131, A321–211, A321–212, A321–213, A321– detail the scope of the Agency’s safety, Incorporation by reference, 231, and A321–232 airplanes. authority. Safety. (d) Subject The FAA is issuing this rulemaking Adoption of the Amendment Air Transport Association (ATA) of under the authority described in America Code 35, Oxygen. Subtitle VII, Part A, Subpart III, Section Accordingly, under the authority (e) Reason 44701: General requirements. Under delegated to me by the Administrator, the FAA amends 14 CFR part 39 as This AD was prompted by reports that that section, Congress charges the FAA certain oxygen supply solenoid valves are a with promoting safe flight of civil follows: potential source of increased flow resistance aircraft in air commerce by prescribing within the flightcrew oxygen system. The PART 39—AIRWORTHINESS FAA is issuing this AD to address increased regulations for practices, methods, and DIRECTIVES procedures the Administrator finds flow resistance within the flightcrew oxygen system, which could lead to a reduced flow necessary for safety in air commerce. ■ 1. The authority citation for part 39 of oxygen supply to the flightcrew oxygen This regulation is within the scope of continues to read as follows: masks, and in combination with in-flight that authority because it addresses an depressurization, smoke in the flight deck, or Authority: 49 U.S.C. 106(g), 40113, 44701. unsafe condition that is likely to exist or a smoke evacuation procedure, could lead to develop on products identified in this § 39.13 [Amended] flightcrew hypoxia and loss of useful rulemaking action. consciousness, resulting in loss of control of ■ 2. The FAA amends § 39.13 by adding the airplane. Regulatory Findings the following new airworthiness (f) Compliance directive: This AD will not have federalism Comply with this AD within the implications under Executive Order 2021–08–13 Airbus SAS: Amendment 39– compliance times specified, unless already 13132. This AD will not have a 21507; Docket No. FAA–2020–0851; done. Product Identifier 2020–NM–081–AD. substantial direct effect on the States, on (g) Requirements the relationship between the national (a) Effective Date Except as specified in paragraph (h) of this government and the States, or on the This airworthiness directive (AD) is AD: Comply with all required actions and distribution of power and effective June 1, 2021. compliance times specified in, and in

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accordance with, European Union Aviation not identified as RC are recommended. Those Archives and Records Administration Safety Agency (EASA) AD 2020–0104, dated procedures and tests that are not identified (NARA). For information on the availability May 7, 2020 (EASA AD 2020–0104) or EASA as RC may be deviated from using accepted of this material at NARA, email fedreg.legal@ AD 2020–0104R1, dated January 28, 2021 methods in accordance with the operator’s nara.gov, or go to: https://www.archives.gov/ (EASA AD 2020–0104R1). maintenance or inspection program without federal-register/cfr/ibr-locations.html. obtaining approval of an AMOC, provided Issued on April 5, 2021. (h) Exceptions to EASA ADs 2020–0104 and the procedures and tests identified as RC can 2020–0104R1 be done and the airplane can be put back in Lance T. Gant, (1) Where EASA AD 2020–0104 refers to its an airworthy condition. Any substitutions or Director, Compliance & Airworthiness effective date, this AD requires using the changes to procedures or tests identified as Division, Aircraft Certification Service. effective date of this AD. RC require approval of an AMOC. [FR Doc. 2021–08575 Filed 4–23–21; 8:45 am] (2) Where EASA AD 2020–0104R1 refers to May 21, 2020 ‘‘[the effective date of the (k) Related Information BILLING CODE 4910–13–P original issue of this [EASA] AD],’’ this AD For more information about this AD, requires using the effective date of this AD. contact Sanjay Ralhan, Aerospace Engineer, (3) The ‘‘Remarks’’ sections of EASA ADs Large Aircraft Section, International DEPARTMENT OF TRANSPORTATION 2020–0104 and 2020–0104R1 do not apply to Validation Branch, FAA, 2200 South 216th this AD. St., Des Moines, WA 98198; telephone and Federal Aviation Administration (4) Where procedure step 3.E.(1) of the fax 206–231–3223; email Sanjay.Ralhan@ Accomplishment Instructions of Airbus SAS faa.gov. 14 CFR Part 39 Service Bulletin A320–35–1096, dated (l) Material Incorporated by Reference September 18, 2019, specified in EASA ADs [Docket No. FAA–2020–0845; Product 2020–0104 and 2020–0104R1, requires a test (1) The Director of the Federal Register Identifier 2020–NM–102–AD; Amendment of the solenoid valve, this AD allows approved the incorporation by reference 39–21514; AD 2021–09–01] (IBR) of the service information listed in this deviation from that Required for Compliance RIN 2120–AA64 (RC) action, as specified in Airbus SAS paragraph under 5 U.S.C. 552(a) and 1 CFR Technical Adaptation 80843604/008/2020, part 51. Airworthiness Directives; Airbus SAS Issue 1, dated November 3, 2020. (2) You must use this service information as applicable to do the actions required by Airplanes (i) No Reporting Requirement this AD, unless this AD specifies otherwise. AGENCY: Federal Aviation Although the service information (i) European Union Aviation Safety Agency referenced in EASA ADs 2020–0104 and (EASA) AD 2020–0104, dated May 7, 2020. Administration (FAA), Department of 2020–0104R1 specify to submit certain (ii) European Union Aviation Safety Transportation (DOT). information to the manufacturer, this AD Agency (EASA) AD 2020–0104R1, dated ACTION: Final rule. does not include that requirement. January 28, 2021. (iii) Airbus SAS Technical Adaptation SUMMARY: The FAA is adopting a new (j) Other FAA AD Provisions 80843604/008/2020, Issue 1, dated November airworthiness directive (AD) for certain The following provisions also apply to this 3, 2020. Airbus SAS Model A320–271N, A321– AD: Note 1 to paragraph (l)(2)(iii): The issue 211, and A321–271N airplanes. This AD (1) Alternative Methods of Compliance date of the document is identified only on was prompted by reports of missing (AMOCs): The Manager, Large Aircraft the last page of the document. Section, International Validation Branch, overhead stowage compartment (OHSC) (3) For EASA ADs 2020–0104 and 2020– FAA, has the authority to approve AMOCs X-fixation brackets or brackets that were 0104R1, contact the EASA, Konrad- for this AD, if requested using the procedures incorrectly installed during assembly. Adenauer-Ufer 3, 50668 Cologne, Germany; found in 14 CFR 39.19. In accordance with telephone +49 221 8999 000; email ADs@ This AD requires a special detailed 14 CFR 39.19, send your request to your easa.europa.eu; Internet inspection of the OHSC X-fixation principal inspector or responsible Flight www.easa.europa.eu. You may find these brackets for missing or incorrectly Standards Office, as appropriate. If sending EASA ADs on the EASA website at https:// installed brackets, and installation or information directly to the Large Aircraft ad.easa.europa.eu. Section, International Validation Branch, replacement the OHSC X-fixation send it to the attention of the person Note 2 to paragraph (l)(3): EASA AD 2020– brackets if necessary; or modification of identified in paragraph (k) of this AD. 0104 can be accessed in the zipped file at the each OHSC; as specified in a European Information may be emailed to: 9-AVS-AIR- bottom of the web page for EASA AD 2020– Union Aviation Safety Agency (EASA) [email protected]. Before using any 0104R1. When EASA posts a revised AD on AD, which will be incorporated by approved AMOC, notify your appropriate their website, they watermark the previous reference. The FAA is issuing this AD principal inspector, or lacking a principal AD as ‘‘Revised,’’ alter the file name by adding ‘‘_revised’’ to the end, and move it to address the unsafe condition on these inspector, the manager of the responsible products. Flight Standards Office. into a zipped file attached at the bottom of (2) Contacting the Manufacturer: For any the AD web page. DATES: This AD is effective June 1, 2021. requirement in this AD to obtain instructions (4) For Airbus SAS service information, The Director of the Federal Register from a manufacturer, the instructions must contact Airbus SAS, Airworthiness Office— approved the incorporation by reference be accomplished using a method approved EIAS, Rond-Point Emile Dewoitine No: 2, of certain publications listed in this AD by the Manager, Large Aircraft Section, 31700 Blagnac Cedex, France; telephone +33 as of June 1, 2021. International Validation Branch, FAA; or 5 61 93 36 96; fax +33 5 61 93 44 51; email EASA; or Airbus SAS’s EASA Design [email protected]; internet ADDRESSES: For material incorporated Organization Approval (DOA). If approved by https://www.airbus.com. by reference (IBR) in this AD, contact the DOA, the approval must include the (5) You may view this material at the FAA, EASA, Konrad-Adenauer-Ufer 3, 50668 DOA-authorized signature. Airworthiness Products Section, Operational Cologne, Germany; telephone +49 221 (3) Required for Compliance (RC): For any Safety Branch, 2200 South 216th St., Des 8999 000; email [email protected]; service information referenced in EASA ADs Moines, WA. For information on the internet www.easa.europa.eu. You may 2020–0104 and 2020–0104R1 that contains availability of this material at the FAA, call find this IBR material on the EASA RC procedures and tests: Except as required 206–231–3195. This material may be found by paragraphs (h)(4) and (j)(2) of this AD, if in the AD docket on the internet at https:// website at https://ad.easa.europa.eu. any service information contains procedures www.regulations.gov by searching for and You may view this IBR material at the or tests that are identified as RC, those locating Docket No. FAA–2020–0851. FAA, Airworthiness Products Section, procedures and tests must be done to comply (6) You may view this material that is Operational Safety Branch, 2200 South with this AD; any procedures or tests that are incorporated by reference at the National 216th St., Des Moines, WA. For

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information on the availability of this Comments Request for a One-Time Identification material at the FAA, call 206–231–3195. The FAA gave the public the of the OHSC It is also available in the AD docket on opportunity to participate in developing DAL requested that the FAA clarify the internet at https:// this final rule. The following presents that the OHSC housing must be www.regulations.gov by searching for the comments received on the NPRM reidentified only one time although the and locating Docket No. FAA–2020– and the FAA’s response to each service information referenced in 0845. comment. paragraph (3) of EASA AD 2021–0122 Examining the AD Docket specifies to reidentify the OHSC Request To Use a Borescope for the housing at each bin assembly You may examine the AD docket on Inspection Requirement the internet at https:// replacement step. DAL stated that www.regulations.gov by searching for Delta Air Lines (DAL) requested that Airbus confirmed in Airbus Technical and locating Docket No. FAA–2020– the FAA allow the use of a borescope as Request 80838467/006, dated October 0845; or in person at Docket Operations an alternative device to the endoscope 15, 2020, that each OHSC housing has between 9 a.m. and 5 p.m., Monday for the inspection of the OHSC X- more than one bin assembly, so the through Friday, except Federal holidays. fixation brackets as specified in reidentification step is needed only one The AD docket contains this final rule, paragraph (1) of EASA AD 2020–0122. time for the OHSC housing, not when any comments received, and other DAL stated that Airbus has provided its each bin assembly is replaced. information. The address for Docket concurrence in Airbus Technical The FAA agrees with the commenter. Operations is U.S. Department of Request 80838467/006, dated October The complete OHSC module, which Transportation, Docket Operations, M– 15, 2020. mainly consists of one housing, one or 30, West Building Ground Floor, Room The FAA agrees that use of a more bins, the light cover, and one or W12–140, 1200 New Jersey Avenue SE, borescope to do this inspection will more air outlets, has one part number. Washington, DC 20590. provide an adequate level of safety. The Only one identification label is needed FOR FURTHER INFORMATION CONTACT: FAA has added paragraph (h)(3) to this for the whole module, and the bins have Sanjay Ralhan, Aerospace Engineer, AD, which allows for the use of a their own identification labels with Large Aircraft Section, International borescope for the inspection of the their own part numbers. The FAA has Validation Branch, FAA, 2200 South OHSC X-fixation brackets required in revised this AD to add paragraph (h)(5) 216th St., Des Moines, WA 98198; this AD. of this AD to clarify that the OHSC module is a one-time reidentification no telephone and fax 206–231–3223; email Request To Disregard the Description of matter how many bins have been [email protected]. the Bin Assembly in the Referenced modified. SUPPLEMENTARY INFORMATION: Service Information Background DAL requested that the FAA add an Request To Disregard a Part Number Not Installed on the Airplane The EASA, which is the Technical exception to paragraph (h) of the Agent for the Member States of the proposed AD to disregard the DAL requested that the FAA add an European Union, has issued EASA AD description of the bin assembly. DAL exception to paragraph (h) of the 2020–0122, dated May 29, 2020 (EASA commented that where paragraph proposed AD explaining that the part AD 2020–0122) (also referred to as the 3.C.1(b) through 3.C.1(ae) of the number of the COMPARTMENT ASSY Mandatory Continuing Airworthiness referenced modification service may be disregarded if it is not installed Information, or the MCAI), to correct an information specified in paragraph (3) of on the airplane, as long as the OHSC X- unsafe condition for certain Airbus SAS EASA AD 2020–0122 states to ‘‘replace fixation brackets are replaced as Model A320–271N, A321–211, and bin assembly 1F FL EE’’ (and other bin specified in paragraph (3) of EASA AD A321–271N airplanes. assemblies), the bin assembly 2020–0122. DAL stated that the part The FAA issued a notice of proposed description is information only and numbers of the COMPARTMENT ASSY rulemaking (NPRM) to amend 14 CFR does not point to a location on the can be mismatched due to differences in part 39 by adding an AD that would airplane. DAL commented that Airbus the airplane applicability; therefore, apply to certain Airbus SAS Model has provided its concurrence in Airbus mismatched part numbers in this step A320–271N, A321–211, and A321–271N Technical Request 80838467/006, dated occur when the COMPARTMENT ASSY airplanes. The NPRM published in the October 15, 2020. in the airplane are removed. DAL stated Federal Register on September 17, 2020 The FAA agrees that the bin assembly that Airbus has provided its (85 FR 58014). The NPRM was identifier, such as ‘‘1F FL EE,’’ is related concurrence in Airbus Technical prompted by reports of missing OHSC to the bin assembly description in the Request 80838467/006, dated October X-fixation brackets or brackets that were referenced modification service 15, 2020. incorrectly installed during assembly. information specified in EASA AD The FAA disagrees with the The NPRM proposed to require a special 2020–0122. The bin assembly identifiers commenter’s request. An AD may not detailed inspection of the OHSC X- are provided for information only. The require actions on a part or component fixation brackets for missing or FAA does not agree with removing these that is not installed on the airplane. Any incorrectly installed brackets, and references for the bin assemblies COMPARTMENT ASSY installed after installation or replacement if necessary; because they describe the part that the effective date of this AD must be in or modification of each OHSC, as correlates with the part number. compliance with the requirements of specified in an EASA AD. Further, the FAA has verified with this AD. The COMPARTMENT ASSY is The FAA is issuing this AD to address Airbus that Airbus tech request reidentified using the referenced this condition, which could lead to 80838467/006, dated October 15, 2020, modification service information OHSC failure under certain loading does not recommend removing the part specified in EASA AD 2020–0122. conditions, and possibly result in injury description. However, the FAA has When the COMPARTMENT ASSY is to occupants and impede egress during clarified use of the bin assembly reidentified, the referenced modification an emergency evacuation. See the MCAI identifiers in paragraph (h)(4) of this service information shows the list of the for additional background information. AD. old and new part numbers to address

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the re-identified parts. The FAA has not 2020–0122. The FAA has included the Related Service Information Under 1 revised this AD in this regard. Ref. Task equivalencies in paragraphs CFR Part 51 (h)(6)(i) through (xvi) of this AD. Request To Include Certain EASA AD 2020–0122 specifies Equivalencies for Certain Tasks Conclusion procedures for a special detailed inspection of the OHSC X-fixation DAL requested that the proposed AD The FAA reviewed the relevant data, brackets for missing or incorrectly include certain equivalencies for the considered the comments received, and installed brackets, and corrective Ref. Tasks identified in the referenced determined that air safety and the actions (installation or replacement inspection service information specified public interest require adopting this OHSC X-fixation brackets) if necessary; in EASA AD 2020–0122. DAL stated final rule with the changes described or modification of each OHSC by that the Ref. Task identified in the previously and minor editorial changes. installing new X-fixation brackets and referenced inspection service The FAA has determined that these reidentifying the OHSC housing. This information specified in EASA AD minor changes: 2020–0122 specifies that the actions be material is reasonably available because • Are consistent with the intent that accomplished ‘‘in accordance with’’ a the interested parties have access to it specific Ref. Task. DAL stated that was proposed in the NPRM for through their normal course of business Airbus has provided its concurrence in addressing the unsafe condition; and or by the means identified in the • Airbus Technical Request 80838467/ Do not add any additional burden ADDRESSES section. upon the public than was already 006, dated October 15, 2020. Costs of Compliance The FAA agrees to revise this AD to proposed in the NPRM. include certain equivalencies for the The FAA also determined that these The FAA estimates that this AD Ref. Tasks identified in step 3.C.1(c) of changes will not increase the economic affects 31 airplanes of U.S. registry. The the referenced inspection service burden on any operator or increase the FAA estimates the following costs to information specified in EASA AD scope of this final rule. comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Up to 29 work-hours × $85 per hour = Up to $2,465 ...... $0 Up to $2,465 ...... Up to $76,415.

ESTIMATED COSTS FOR OPTIONAL ACTIONS

Labor cost Parts cost Cost per product

Up to 36 work-hours × $85 per hour = Up to Up to $539,060 ...... Up to $542,120. $3,060.

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Cost per Labor cost Parts cost product

Up to 29 work-hours × $85 per hour = Up to $2,465 ...... * $ * $ * The FAA has received no definitive data that would enable us to provide parts cost estimates for the on-condition action specified in this AD.

According to the manufacturer, some detail the scope of the Agency’s Regulatory Findings or all of the costs of this AD may be authority. covered under warranty, thereby This AD will not have federalism The FAA is issuing this rulemaking implications under Executive Order reducing the cost impact on affected under the authority described in 13132. This AD will not have a operators. The FAA does not control Subtitle VII, Part A, Subpart III, Section substantial direct effect on the States, on warranty coverage for affected operators. 44701: General requirements. Under the relationship between the national As a result, the FAA has included all that section, Congress charges the FAA government and the States, or on the known costs in our cost estimate. with promoting safe flight of civil distribution of power and aircraft in air commerce by prescribing Authority for This Rulemaking responsibilities among the various regulations for practices, methods, and levels of government. procedures the Administrator finds Title 49 of the United States Code For the reasons discussed above, I necessary for safety in air commerce. specifies the FAA’s authority to issue certify that this AD: rules on aviation safety. Subtitle I, This regulation is within the scope of that authority because it addresses an (1) Is not a ‘‘significant regulatory section 106, describes the authority of action’’ under Executive Order 12866, the FAA Administrator. Subtitle VII: unsafe condition that is likely to exist or Aviation Programs, describes in more develop on products identified in this (2) Will not affect intrastate aviation rulemaking action. in Alaska, and

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(3) Will not have a significant (h) Exceptions and Clarifications to EASA (xv) Ref. Task A320–A–25–XX–1BFN– economic impact, positive or negative, AD 2020–0122 15ZZZ–600Z–A corresponds to Ref. Task on a substantial number of small entities (1) Where EASA AD 2020–0122 refers to its A320–A–25–XX–1BFN–15001–600A–A. under the criteria of the Regulatory effective date, this AD requires using the (xvi) Ref. Task A320–A–25–XX–1BFN– 16ZZZ–600Z–A corresponds to Ref. Task Flexibility Act. effective date of this AD. (2) The ‘‘Remarks’’ section of EASA AD A320–A–25–XX–1BFN–16001–600A–A. List of Subjects in 14 CFR Part 39 2020–0122 does not apply to this AD. (i) No Reporting Requirement (3) For the inspection of the OHSC X- Air transportation, Aircraft, Aviation fixation brackets specified in paragraph (1) of Although the service information safety, Incorporation by reference, EASA AD 2020–0122, this AD allows the use referenced in EASA AD 2020–0122 specifies Safety. of the borescope as an alternative method of to submit certain information to the compliance for the inspection. manufacturer, this AD does not include that Adoption of the Amendment (4) Paragraphs 3.C.1(b) through 3.C.1(ae) of requirement. Accordingly, under the authority the referenced modification service (j) Other FAA AD Provisions delegated to me by the Administrator, information specified in EASA AD 2020– 0122 specifies to ‘‘replace bin assembly [**],’’ The following provisions also apply to this the FAA amends 14 CFR part 39 as where ‘‘**’’ refers to a bin assembly AD: follows: identifier. These identifiers are for (1) Alternative Methods of Compliance information only. (AMOCs): The Manager, Large Aircraft PART 39—AIRWORTHINESS (5) Where paragraphs 3.C.1(b) through Section, International Validation Branch, DIRECTIVES 3.C.1(ae) of the referenced modification FAA, has the authority to approve AMOCs service information specified in EASA AD for this AD, if requested using the procedures ■ 1. The authority citation for part 39 2020–0122 references reidentification of the found in 14 CFR 39.19. In accordance with continues to read as follows: OHSC at every COMPARTMENT ASSY 14 CFR 39.19, send your request to your installation, this AD requires a one-time principal inspector or responsible Flight Authority: 49 U.S.C. 106(g), 40113, 44701. reidentification for the OHSC module no Standards Office, as appropriate. If sending information directly to the Large Aircraft § 39.13 [Amended] matter how many bins have been modified. (6) Accomplishment of either of the pair of Section, International Validation Branch, ■ 2. The FAA amends § 39.13 by adding Ref. Tasks identified in each of the send it to the attention of the person paragraphs in (h)(6)(i) through (xvi) of this identified in paragraph (k) of this AD. the following new airworthiness Information may be emailed to: 9-AVS-AIR- directive: AD is acceptable for compliance with the applicable action of the Ref. Tasks identified [email protected]. Before using any 2021–09–01 Airbus SAS: Amendment 39– in step 3.C.1(c) of the referenced inspection approved AMOC, notify your appropriate 21514; Docket No. FAA–2020–0845; service information specified in EASA AD principal inspector, or lacking a principal Product Identifier 2020–NM–102–AD. 2020–0122. inspector, the manager of the responsible (i) Ref. Task A320–A–25–XX–1BFN– Flight Standards Office. (a) Effective Date 01ZZZ–600Z–A corresponds to Ref. Task (2) Contacting the Manufacturer: For any This airworthiness directive (AD) is A320–A–25–XX–1BFN–01001–600A–A. requirement in this AD to obtain instructions effective June 1, 2021. (ii) Ref. Task A320–A–25–XX–1BFN– from a manufacturer, the instructions must 02ZZZ–600Z–A corresponds to Ref. Task be accomplished using a method approved (b) Affected ADs A320–A–25–XX–1BFN–02001–600A–A. by the Manager, Large Aircraft Section, None. (iii) Ref. Task A320–A–25–XX–1BFN– International Validation Branch, FAA; or 03ZZZ–600Z–A corresponds to Ref. Task EASA; or Airbus SAS’s EASA Design (c) Applicability A320–A–25–XX–1BFN–03001–600A–A. Organization Approval (DOA). If approved by This AD applies to Airbus SAS Model (iv) Ref. Task A320–A–25–XX–1BFN– the DOA, the approval must include the A320–271N, A321–211 and A321–271N 04ZZZ–600Z–A corresponds to Ref. Task DOA-authorized signature. airplanes, certificated in any category, as A320–A–25–XX–1BFN–04001–600A–A. (3) Required for Compliance (RC): Except identified in European Union Aviation Safety (v) Ref. Task A320–A–25–XX–1BFN– as required by paragraph (j)(2) of this AD, if Agency (EASA) AD 2020–0122, dated May 05ZZZ–600Z–A corresponds to Ref. Task any service information contains procedures 29, 2020 (EASA AD 2020–0122). A320–A–25–XX–1BFN–05001–600A–A. or tests that are identified as RC, those (vi) Ref. Task A320–A–25–XX–1BFN– procedures and tests must be done to comply (d) Subject 06ZZZ–600Z–A correspond to Ref. Task with this AD; any procedures or tests that are Air Transport Association (ATA) of A320–A–25–XX–1BFN–06001–600A–A. not identified as RC are recommended. Those America Code 25, Equipment/furnishings. (vii) Ref. Task A320–A–25–XX–1BFN– procedures and tests that are not identified 07ZZZ–600Z–A corresponds to Ref. Task as RC may be deviated from using accepted (e) Reason A320–A–25–XX–1BFN–07001–600A–A. methods in accordance with the operator’s This AD was prompted by reports of (viii) Ref. Task A320–A–25–XX–1BFN– maintenance or inspection program without missing overhead stowage compartment 08ZZZ–600Z–A corresponds to Ref. Task obtaining approval of an AMOC, provided (OHSC) X-fixation brackets or brackets that A320–A–25–XX–1BFN–08001–600A–A. the procedures and tests identified as RC can were incorrectly installed during assembly. (ix) Ref. Task A320–A–25–XX–1BFN– be done and the airplane can be put back in The FAA issuing this AD to address this 09ZZZ–600Z–A corresponds to Ref. Task an airworthy condition. Any substitutions or condition, which could lead to OHSC failure A320–A–25–XX–1BFN–09001–600A–A. changes to procedures or tests identified as under certain loading conditions, and (x) Ref. Task A320–A–25–XX–1BFN– RC require approval of an AMOC. possibly result in injury to occupants and 10ZZZ–600Z–A corresponds to Ref. Task impede egress during an emergency A320–A–25–XX–1BFN–10001–600A–A. (k) Related Information evacuation. (xi) Ref. Task A320–A–25–XX–1BFN– For more information about this AD, 11ZZZ–600Z–A corresponds to Ref. Task contact Sanjay Ralhan, Aerospace Engineer, (f) Compliance A320–A–25–XX–1BFN–11001–600A–A. Large Aircraft Section, International Comply with this AD within the (xii) Ref. Task A320–A–25–XX–1BFN– Validation Branch, FAA, 2200 South 216th compliance times specified, unless already 12ZZZ–600Z–A corresponds to Ref. Task St., Des Moines, WA 98198; telephone and done. A320–A–25–XX–1BFN–12001–600A–A. fax 206–231–3223; email Sanjay.Ralhan@ (xiii) Ref. Task A320–A–25–XX–1BFN– faa.gov. (g) Requirements 13ZZZ–600Z–A corresponds to Ref. Task Except as specified in paragraph (h) of this A320–A–25–XX–1BFN–13001–600A–A. (l) Material Incorporated by Reference AD: Comply with all required actions and (xiv) Ref. Task A320–A–25–XX–1BFN– (1) The Director of the Federal Register compliance times specified in, and in 14ZZZ–600Z–A correspond to Ref. Task approved the incorporation by reference accordance with, EASA AD 2020–0122. A320–A–25–XX–1BFN–14001–600A–A. (IBR) of the service information listed in this

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paragraph under 5 U.S.C. 552(a) and 1 CFR reference. The FAA is issuing this AD helicopters, this AD applies to part 51. to address the unsafe condition on these helicopters with an affected part (2) You must use this service information products. installed instead. as applicable to do the actions required by DATES The FAA issued a notice of proposed this AD, unless this AD specifies otherwise. : This AD is effective June 1, 2021. (i) European Union Aviation Safety Agency The Director of the Federal Register rulemaking (NPRM) to amend 14 CFR (EASA) AD 2020–0122, dated May 29, 2020. approved the incorporation by reference part 39 by adding an AD that would (ii) [Reserved] of a certain publication listed in this AD apply to certain Airbus Helicopters (3) For EASA AD 2020–0122, contact as of June 1, 2021. Model SA341G and SA342J helicopters. EASA, Konrad-Adenauer-Ufer 3, 50668 ADDRESSES: For material incorporated The NPRM published in the Federal Cologne, Germany; telephone +49 221 8999 by reference (IBR) in this AD, contact Register on December 28, 2020 (85 FR 000; email [email protected]; Internet the EASA, Konrad-Adenauer-Ufer 3, 84275). The NPRM was prompted by the www.easa.europa.eu. You may find this 50668 Cologne, Germany; telephone +49 determination that a new life limit was EASA AD on the EASA website at https:// necessary for certain TRBs. The NPRM ad.easa.europa.eu. 221 8999 000; email ADs@ (4) You may view this material at the FAA, easa.europa.eu; internet proposed to require replacing certain Airworthiness Products Section, Operational www.easa.europa.eu. You may find this TRBs, re-identifying certain TRBs, and Safety Branch, 2200 South 216th St., Des material on the EASA website at https:// repairing certain other TRBs, as Moines, WA. For information on the ad.easa.europa.eu. You may view this specified in an EASA AD. availability of this material at the FAA, call material at the FAA, Office of the The FAA is issuing this AD to address 206–231–3195. This material may be found Regional Counsel, Southwest Region, TRBs that might break, resulting in loss in the AD docket on the internet at https:// 10101 Hillwood Pkwy., Room 6N–321, of tail rotor control and consequent loss www.regulations.gov by searching for and of control of the helicopter. See the locating Docket No. FAA–2020–0845. Fort Worth, TX 76177. For information (5) You may view this material that is on the availability of this material at the MCAI for additional background incorporated by reference at the National FAA, call 817–222–5110. It is also information. Archives and Records Administration available in the AD docket on the Comments (NARA). For information on the availability internet at https://www.regulations.gov of this material at NARA, email fedreg.legal@ by searching for and locating Docket No. The FAA gave the public the nara.gov, or go to: https://www.archives.gov/ FAA–2020–1165. opportunity to participate in developing federal-register/cfr/ibr-locations.html. this final rule. The FAA received no Examining the AD Docket Issued on April 12, 2021. comments on the NPRM or on the Lance T. Gant, You may examine the AD docket on determination of the cost to the public. the internet at https:// Director, Compliance & Airworthiness Conclusion Division, Aircraft Certification Service. www.regulations.gov by searching for [FR Doc. 2021–08577 Filed 4–23–21; 8:45 am] and locating Docket No. FAA–2020– The FAA reviewed the relevant data 1165; or in person at Docket Operations and determined that air safety and the BILLING CODE 4910–13–P between 9 a.m. and 5 p.m., Monday public interest require adopting this through Friday, except Federal holidays. final rule as proposed, except for minor DEPARTMENT OF TRANSPORTATION The AD docket contains this final rule, editorial changes. The FAA has any comments received, and other determined that these minor changes: Federal Aviation Administration information. The address for Docket • Are consistent with the intent that Operations is U.S. Department of was proposed in the NPRM for 14 CFR Part 39 Transportation, Docket Operations, M– addressing the unsafe condition; and 30, West Building Ground Floor, Room • [Docket No. FAA–2020–1165; Project Do not add any additional burden Identifier 2019–SW–027–AD; Amendment W12–140, 1200 New Jersey Avenue SE, upon the public than was already 39–21499; AD 2021–08–05] Washington, DC 20590. proposed in the NPRM. FOR FURTHER INFORMATION CONTACT: Related Service Information Under 1 RIN 2120–AA64 Blaine Williams, Aerospace Engineer, CFR Part 51 Airworthiness Directives; Airbus Los Angeles ACO Branch, 3960 EASA AD 2019–0034 describes Helicopters Paramount Blvd., Lakewood, California, 90712; telephone (562) 627–5371; email procedures for replacing TRBs having AGENCY: Federal Aviation [email protected]. certain part numbers, re-identifying Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: TRBs having a certain part number and ACTION: Final rule. certain serial numbers, and repairing Discussion TRBs that have been reworked/repaired/ SUMMARY: The FAA is adopting a new The EASA, which is the Technical modified before being re-identified. airworthiness directive (AD) for certain Agent for the Member States of the This material is reasonably available Airbus Helicopters Model SA341G and European Union, has issued EASA AD because the interested parties have SA342J helicopters. This AD was 2019–0034, dated February 14, 2019 access to it through their normal course prompted by the determination that a (EASA AD 2019–0034) (also referred to of business or by the means identified new life limit was necessary for certain as the Mandatory Continuing in the ADDRESSES section. tail rotor blades (TRBs). This AD Airworthiness Information, or the Costs of Compliance requires replacing certain TRBs, re- MCAI), to correct an unsafe condition identifying certain TRBs, and repairing for all Airbus Helicopters Model The FAA estimates that this AD certain other TRBs, as specified in a SA341G and SA342J helicopters. affects 20 helicopters of U.S. registry. European Union Aviation Safety Agency Although EASA AD 2019–0034 applies The FAA estimates the following costs (EASA) AD, which is incorporated by to all Model SA341G and SA342J to comply with this AD:

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ESTIMATED COSTS FOR REQUIRED ACTIONS

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

1 work-hour × $85 per hour = $85 ...... $3,900 $3,985 $79,700

Authority for This Rulemaking PART 39—AIRWORTHINESS (2) The ‘‘Remarks’’ section of EASA AD DIRECTIVES 2019–0034 does not apply to this AD. Title 49 of the United States Code (3) Where EASA AD 2019–0034 refers to specifies the FAA’s authority to issue ■ 1. The authority citation for part 39 flight hours (FH), this AD requires using rules on aviation safety. Subtitle I, continues to read as follows: hours time-in-service. section 106, describes the authority of (4) Where paragraph (4) of EASA AD 2019– Authority: 49 U.S.C. 106(g), 40113, 44701. the FAA Administrator. Subtitle VII: 0034 specifies to contact the manufacturer, for this AD, repair using a method approved Aviation Programs, describes in more § 39.13 [Amended] by the Manager, Strategic Policy Rotorcraft detail the scope of the Agency’s ■ 2. The FAA amends § 39.13 by adding Section, FAA. For a repair method to be authority. the following new airworthiness approved by the Manager, Strategic Policy The FAA is issuing this rulemaking directive: Rotorcraft Section, as required by this under the authority described in paragraph, the Manager’s approval letter 2021–08–05 Airbus Helicopters: Subtitle VII, Part A, Subpart III, Section must specifically refer to this AD. Amendment 39–21499; Docket No. (5) Where paragraph (5) of EASA AD 2019– 44701: General requirements. Under FAA–2020–1165; Project Identifier 0034 specifies it must be determined that the that section, Congress charges the FAA 2019–SW–027–AD. rework/repair/modification is valid for part with promoting safe flight of civil (a) Effective Date number 341A335130.06, for this AD, rework/ aircraft in air commerce by prescribing repair/modification of an affected part is regulations for practices, methods, and This airworthiness directive (AD) is prohibited. effective June 1, 2021. procedures the Administrator finds (i) Special Flight Permit necessary for safety in air commerce. (b) Affected ADs This regulation is within the scope of Special flight permits, as described in 14 None. CFR 21.197 and 21.199, are not allowed. that authority because it addresses an unsafe condition that is likely to exist or (c) Applicability (j) Alternative Methods of Compliance develop on products identified in this This AD applies to Airbus Helicopters (AMOCs) rulemaking action. Model SA341G and SA342J helicopters, (1) The Manager, International Validation certificated in any category, equipped with Branch, FAA, has the authority to approve Regulatory Findings any tail rotor blade (TRB) specified in AMOCs for this AD, if requested using the paragraph (c)(1) or (2) of this AD. procedures found in 14 CFR 39.19. In This AD will not have federalism (1) An affected part as defined in European accordance with 14 CFR 39.19, send your implications under Executive Order Union Aviation Safety Agency (EASA) AD request to your principal inspector or local 2019–0034, dated February 14, 2019 (EASA 13132. This AD will not have a Flight Standards District Office, as AD 2019–0034). substantial direct effect on the States, on appropriate. If sending information directly (2) A TRB having part number (P/N) the relationship between the national to the manager of the International Validation 341A335101.01, P/N 341A335130.05, or P/N Branch, send it to the attention of the person government and the States, or on the 341A335130.06. distribution of power and identified in paragraph (k) of this AD. responsibilities among the various (d) Subject Information may be emailed to: 9-AVS-AIR- levels of government. Joint Aircraft System Component (JASC) [email protected]. Code 6410, Tail Rotor Blades. (2) Before using any approved AMOC, For the reasons discussed above, I notify your appropriate principal inspector, certify that this AD: (e) Reason or lacking a principal inspector, the manager (1) Is not a ‘‘significant regulatory This AD was prompted by the of the local flight standards district office/ action’’ under Executive Order 12866, determination that a new life limit was certificate holding district office. necessary for TRBs that were manufactured (k) Related Information (2) Will not affect intrastate aviation without a new process that affects the in Alaska, and structural characteristics. The FAA is issuing For more information about this AD, this AD to address TRBs that might break, contact Blaine Williams, Aerospace Engineer, (3) Will not have a significant Los Angeles ACO Branch, 3960 Paramount economic impact, positive or negative, resulting in loss of tail rotor control and consequent loss of control of the helicopter. Blvd., Lakewood, California, 90712; on a substantial number of small entities telephone (562) 627–5371; email under the criteria of the Regulatory (f) Compliance [email protected]. Flexibility Act. Comply with this AD within the (l) Material Incorporated by Reference compliance times specified, unless already List of Subjects in 14 CFR Part 39 done. (1) The Director of the Federal Register approved the incorporation by reference Air transportation, Aircraft, Aviation (g) Requirements (IBR) of the service information listed in this safety, Incorporation by reference, Except as specified in paragraph (h) of this paragraph under 5 U.S.C. 552(a) and 1 CFR Safety. AD: Comply with all required actions and part 51. compliance times specified in, and in (2) You must use this service information Adoption of the Amendment accordance with, EASA AD 2019–0034. as applicable to do the actions required by this AD, unless this AD specifies otherwise. Accordingly, under the authority (h) Exceptions to EASA AD 2019–0034 (i) European Union Aviation Safety Agency delegated to me by the Administrator, (1) Where EASA AD 2019–0034 refers to its (EASA) AD 2019–0034, dated February 14, the FAA amends 14 CFR part 39 as effective date, this AD requires using the 2019. follows: effective date of this AD. (ii) [Reserved]

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(3) For EASA AD 2019–0034, contact the and ODP is specified in the amendatory airmen do not use the regulatory text of EASA, Konrad-Adenauer-Ufer 3, 50668 provisions. the SIAPs, but refer to their graphic Cologne, Germany; telephone +49 221 8999 The incorporation by reference of depiction on charts printed by 000; email [email protected]; internet certain publications listed in the publishers of aeronautical materials. www.easa.europa.eu. You may find this regulations is approved by the Director EASA AD on the EASA website at https:// Thus, the advantages of incorporation ad.easa.europa.eu. of the Federal Register as of April 26, by reference are realized and (4) You may view this service information 2021. publication of the complete description at the FAA, Office of the Regional Counsel, ADDRESSES: Availability of matter of each SIAP contained on FAA form Southwest Region, 10101 Hillwood Pkwy., incorporated by reference in the documents is unnecessary. This Room 6N–321, Fort Worth, TX 76177. For amendment is as follows: amendment provides the affected CFR information on the availability of this sections, and specifies the SIAPs and material at the FAA, call 817–222–5110. This For Examination Takeoff Minimums and ODPs with their material may be found in the AD docket on applicable effective dates. This the internet at https://www.regulations.gov 1. U.S. Department of Transportation, by searching for and locating Docket No. Docket Ops-M30, 1200 New Jersey amendment also identifies the airport FAA–2020–1165. Avenue SE, West Bldg., Ground Floor, and its location, the procedure and the (5) You may view this material that is Washington, DC 20590–0001; amendment number. incorporated by reference at the National 2. The FAA Air Traffic Organization Availability and Summary of Material Archives and Records Administration Service Area in which the affected Incorporated by Reference (NARA). For information on the availability airport is located; of this material at NARA, email fedreg.legal@ 3. The office of Aeronautical The material incorporated by nara.gov, or go to https://www.archives.gov/ Information Services, 6500 South reference is publicly available as listed federal-register/cfr/ibr-locations.html. MacArthur Blvd., Oklahoma City, OK in the ADDRESSES section. Issued on March 30, 2021. 73169 or, The material incorporated by Ross Landes, 4. The National Archives and Records reference describes SIAPs, Takeoff Deputy Director for Regulatory Operations, Administration (NARA). Minimums and ODPs as identified in Compliance & Airworthiness Division, For information on the availability of the amendatory language for part 97 of Aircraft Certification Service. this material at NARA, email this final rule. [FR Doc. 2021–08564 Filed 4–23–21; 8:45 am] [email protected] or go to: https:// The Rule BILLING CODE 4910–13–P www.archives.gov/federal-register/cfr/ ibr-locations.html. This amendment to 14 CFR part 97 is effective upon publication of each Availability DEPARTMENT OF TRANSPORTATION separate SIAP and Takeoff Minimums All SIAPs and Takeoff Minimums and and ODP as amended in the transmittal. Federal Aviation Administration ODPs are available online free of charge. For safety and timeliness of change Visit the National Flight Data Center considerations, this amendment 14 CFR Part 97 online at nfdc.faa.gov to register. incorporates only specific changes Additionally, individual SIAP and contained for each SIAP and Takeoff [Docket No. 31367; Amdt. No. 3954] Takeoff Minimums and ODP copies may Minimums and ODP as modified by be obtained from the FAA Air Traffic Standard Instrument Approach FDC permanent NOTAMs. Organization Service Area in which the Procedures, and Takeoff Minimums The SIAPs and Takeoff Minimums affected airport is located. and Obstacle Departure Procedures; and ODPs, as modified by FDC Miscellaneous Amendments FOR FURTHER INFORMATION CONTACT: permanent NOTAM, and contained in Thomas J. Nichols, Flight Procedures this amendment are based on criteria AGENCY: Federal Aviation and Airspace Group, Flight contained in the U.S. Standard for Administration (FAA), DOT. Technologies and Procedures Division, Terminal Instrument Procedures ACTION: Final rule. Flight Standards Service, Federal (TERPS). In developing these changes to Aviation Administration. Mailing SIAPs and Takeoff Minimums and SUMMARY: This rule amends, suspends, Address: FAA Mike Monroney ODPs, the TERPS criteria were applied or removes Standard Instrument Aeronautical Center, Flight Procedures only to specific conditions existing at Approach Procedures (SIAPs) and and Airspace Group, 6500 South the affected airports. All SIAP associated Takeoff Minimums and MacArthur Blvd., Registry Bldg 29 amendments in this rule have been Obstacle Departure Procedures for Room 104, Oklahoma City, OK 73169. previously issued by the FAA in a FDC operations at certain airports. These Telephone: (405) 954–4164. NOTAM as an emergency action of regulatory actions are needed because of SUPPLEMENTARY INFORMATION: immediate flight safety relating directly the adoption of new or revised criteria, This rule amends 14 CFR part 97 by to published aeronautical charts. or because of changes occurring in the amending the referenced SIAPs. The The circumstances that created the National Airspace System, such as the complete regulatory description of each need for these SIAP and Takeoff commissioning of new navigational SIAP is listed on the appropriate FAA Minimums and ODP amendments facilities, adding new obstacles, or Form 8260, as modified by the National require making them effective in less changing air traffic requirements. These Flight Data Center (NFDC)/Permanent than 30 days. changes are designed to provide for the Notice to Airmen (P–NOTAM), and is Because of the close and immediate safe and efficient use of the navigable incorporated by reference under 5 relationship between these SIAPs, airspace and to promote safe flight U.S.C. 552(a), 1 CFR part 51, and 14 Takeoff Minimums and ODPs, and operations under instrument flight rules CFR 97.20. The large number of SIAPs, safety in air commerce, I find that notice at the affected airports. their complex nature, and the need for and public procedure under 5 U.S.C. DATES: This rule is effective April 26, a special format make their verbatim 553(b) are impracticable and contrary to 2021. The compliance date for each publication in the Federal Register the public interest and, where SIAP, associated Takeoff Minimums, expensive and impractical. Further, applicable, under 5 U.S.C. 553(d), good

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cause exists for making these SIAPs List of Subjects in 14 CFR Part 97 PART 97—STANDARD INSTRUMENT effective in less than 30 days. APPROACH PROCEDURES The FAA has determined that this Air Traffic Control, Airports, regulation only involves an established Incorporation by reference, Navigation ■ 1. The authority citation for part 97 body of technical regulations for which (Air). continues to read as follows: frequent and routine amendments are Issued in Washington, DC, on April 16, Authority: 49 U.S.C. 106(f), 106(g), 40103, necessary to keep them operationally 2021. 40106, 40113, 40114, 40120, 44502, 44514, current. It, therefore—(1) is not a Wade Terrell, 44701, 44719, 44721–44722. ‘‘significant regulatory action’’ under ■ Executive Order 12866; (2) is not a Aviation Safety, Manager, Flight Procedures 2. Part 97 is amended to read as ‘‘significant rule’’ under DOT regulatory & Airspace Group, Flight Technologies and follows: Procedures Division. Policies and Procedures (44 FR 11034; By amending: § 97.23 VOR, VOR/ DME, VOR or TACAN, and VOR/DME February 26, 1979); and (3) does not Adoption of the Amendment warrant preparation of a regulatory or TACAN; § 97.25 LOC, LOC/DME, evaluation as the anticipated impact is Accordingly, pursuant to the LDA, LDA/DME, SDF, SDF/DME; so minimal. For the same reason, the authority delegated to me, Title 14, CFR § 97.27 NDB, NDB/DME; § 97.29 ILS, FAA certifies that this amendment will part 97, (is amended by amending ILS/DME, MLS, MLS/DME, MLS/RNAV; not have a significant economic impact Standard Instrument Approach § 97.31 RADAR SIAPs; § 97.33 RNAV on a substantial number of small entities Procedures and Takeoff Minimums and SIAPs; and § 97.35 COPTER SIAPs, under the criteria of the Regulatory ODPs, effective at 0901 UTC on the Identified as follows: Flexibility Act. dates specified, as follows: * * * Effective on AIRAC Date

AIRAC date State City Airport FDC No. FDC date Subject

20–May–21 ...... OH Jackson ...... James A Rhodes ...... 1/1610 3/12/21 This NOTAM, published in Docket No. 31365, Amdt No. 3952, TL 21–11, (86 FR 20271; April 19, 2021) is hereby rescinded in its entirety. 20–May–21 ...... TN Winchester ...... Winchester Muni ...... 1/1747 3/30/21 This NOTAM, published in Docket No. 31365, Amdt No. 3952, TL 21–11, (86 FR 20271; April 19, 2021) is hereby rescinded in its entirety. 20–May–21 ...... SC Chester ...... Chester Catawba Rgnl .. 1/5337 1/22/21 This NOTAM, published in Docket No. 31365, Amdt No. 3952, TL 21–11, (86 FR 20271; April 19, 2021) is hereby rescinded in its entirety. 20–May–21 ...... WI Janesville ...... Southern Wisconsin 1/5694 3/19/21 This NOTAM, published Rgnl. in Docket No. 31365, Amdt No. 3952, TL 21–11, (86 FR 20271; April 19, 2021) is hereby rescinded in its entirety. 20–May–21 ...... IL Lincoln ...... Logan County ...... 1/0664 4/2/21 VOR RWY 3, Amdt 7A. 20–May–21 ...... TX Del Rio ...... Del Rio Intl ...... 1/1598 4/2/21 ILS OR LOC RWY 13, Orig-A. 20–May–21 ...... TX Del Rio ...... Del Rio Intl ...... 1/1599 4/2/21 RNAV (GPS) RWY 13, Amdt 2A. 20–May–21 ...... IA Shenandoah ...... Shenandoah Muni ...... 1/1667 4/2/21 RNAV (GPS) RWY 4, Orig-B. 20–May–21 ...... GA Americus ...... Jimmy Carter Rgnl ...... 1/1740 4/1/21 ILS OR LOC RWY 23, Amdt 1C. 20–May–21 ...... GA Americus ...... Jimmy Carter Rgnl ...... 1/1741 4/1/21 RNAV (GPS) RWY 23, Amdt 1B. 20–May–21 ...... GA Americus ...... Jimmy Carter Rgnl ...... 1/1742 4/1/21 RNAV (GPS) RWY 5, Amdt 1B. 20–May–21 ...... TN Hohenwald ...... John A Baker Fld ...... 1/2133 4/1/21 RNAV (GPS) RWY 2, Amdt 1A. 20–May–21 ...... ME Greenville ...... Greenville ...... 1/2137 4/1/21 RNAV (GPS)-B, Orig-A. 20–May–21 ...... GA Cornelia ...... Habersham County ...... 1/2177 4/2/21 VOR RWY 6, Amdt 6B. 20–May–21 ...... GA Cornelia ...... Habersham County ...... 1/2178 4/2/21 RNAV (GPS) RWY 24, Amdt 1A. 20–May–21 ...... GA Cornelia ...... Habersham County ...... 1/2179 4/2/21 RNAV (GPS) RWY 6, Amdt 1A.

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AIRAC date State City Airport FDC No. FDC date Subject

20–May–21 ...... AR Camden ...... Harrell Fld ...... 1/2189 4/2/21 RNAV (GPS) RWY 1, Amdt 1A. 20–May–21 ...... AR Camden ...... Harrell Fld ...... 1/2191 4/2/21 RNAV (GPS) RWY 19, Amdt 1B. 20–May–21 ...... CA Victorville ...... Southern California Lo- 1/2197 4/2/21 RNAV (GPS) RWY 17, gistics. Orig. 20–May–21 ...... CA Victorville ...... Southern California Lo- 1/2198 4/2/21 VOR/DME RWY 17, gistics. Amdt 1. 20–May–21 ...... CA Victorville ...... Southern California Lo- 1/2199 4/2/21 ILS OR LOC RWY 17, gistics. Amdt 2. 20–May–21 ...... KY London ...... London/Corbin/Magee ... 1/2545 4/2/21 ILS OR LOC RWY 6, Amdt 1B. 20–May–21 ...... KY London ...... London/Corbin/Magee ... 1/2546 4/2/21 RNAV (GPS) RWY 6, Orig-A. 20–May–21 ...... KY London ...... London/Corbin/Magee ... 1/2547 4/2/21 RNAV (GPS) RWY 24, Amdt 1. 20–May–21 ...... KY London ...... London/Corbin/Magee ... 1/2548 4/2/21 VOR RWY 6, Amdt 13B. 20–May–21 ...... AR Walnut Ridge ...... Walnut Ridge Rgnl ...... 1/2789 4/1/21 RNAV (GPS) RWY 4, Orig-A. 20–May–21 ...... AR Walnut Ridge ...... Walnut Ridge Rgnl ...... 1/2790 4/1/21 RNAV (GPS) RWY 18, Amdt 1A. 20–May–21 ...... AR Walnut Ridge ...... Walnut Ridge Rgnl ...... 1/2802 4/1/21 RNAV (GPS) RWY 36, Amdt 1A. 20–May–21 ...... AR Walnut Ridge ...... Walnut Ridge Rgnl ...... 1/2803 4/1/21 RNAV (GPS) RWY 22, Amdt 1A. 20–May–21 ...... AR Walnut Ridge ...... Walnut Ridge Rgnl ...... 1/2805 4/1/21 LOC RWY 18, Amdt 3C. 20–May–21 ...... MI Holland ...... West Michigan Rgnl ...... 1/2815 4/1/21 RNAV (GPS) RWY 8, Amdt 2C. 20–May–21 ...... CO Springfield ...... Springfield Muni ...... 1/3579 4/1/21 RNAV (GPS) RWY 17, Orig. 20–May–21 ...... VI Christiansted ...... Henry E Rohlsen ...... 1/3958 4/2/21 ILS OR LOC RWY 10, Amdt 7B. 20–May–21 ...... VI Christiansted ...... Henry E Rohlsen ...... 1/3959 4/2/21 RNAV (GPS) RWY 28, Amdt 1. 20–May–21 ...... VI Christiansted ...... Henry E Rohlsen ...... 1/3960 4/2/21 VOR RWY 28, Amdt 19B. 20–May–21 ...... WI Janesville ...... Southern Wisconsin 1/4793 4/6/21 RNAV (GPS) RWY 22, Rgnl. Amdt 1. 20–May–21 ...... NE York ...... York Muni ...... 1/5710 4/1/21 RNAV (GPS) RWY 17, Amdt 2. 20–May–21 ...... NE York ...... York Muni ...... 1/5711 4/1/21 RNAV (GPS) RWY 35, Amdt 1A. 20–May–21 ...... TX Winters ...... Winters Muni ...... 1/5902 4/1/21 RNAV (GPS) RWY 35, Orig-A. 20–May–21 ...... NH Berlin ...... Berlin Rgnl ...... 1/5909 4/1/21 RNAV (GPS) RWY 18, Orig-B. 20–May–21 ...... TN Winchester ...... Winchester Muni ...... 1/6893 4/8/21 RNAV (GPS) RWY 36, Orig-B. 20–May–21 ...... IA Bloomfield ...... Bloomfield Muni ...... 1/7905 4/2/21 RNAV (GPS) RWY 36, Orig-A. 20–May–21 ...... IA Bloomfield ...... Bloomfield Muni ...... 1/7916 4/2/21 NDB RWY 36, Amdt 3A. 20–May–21 ...... SC Chester ...... Chester Catawba Rgnl .. 1/8284 4/12/21 NDB RWY 35, Amdt 2. 20–May–21 ...... FL Ocala ...... Ocala Intl—Jim Taylor 1/8485 4/2/21 VOR RWY 36, Amdt 18. Fld. 20–May–21 ...... FL Ocala ...... Ocala Intl—Jim Taylor 1/8486 4/2/21 RNAV (GPS) RWY 18, Fld. Amdt 2A. 20–May–21 ...... FL Ocala ...... Ocala Intl—Jim Taylor 1/8487 4/2/21 RNAV (GPS) RWY 36, Fld. Amdt 1. 20–May–21 ...... FL Ocala ...... Ocala Intl—Jim Taylor 1/8488 4/2/21 ILS OR LOC/DME RWY Fld. 36, Amdt 1. 20–May–21 ...... OH Middletown ...... Middletown Rgnl/Hook 1/8561 4/2/21 LOC RWY 23, Amdt 7J. Fld. 20–May–21 ...... OH Middletown ...... Middletown Rgnl/Hook 1/8562 4/2/21 RNAV (GPS) RWY 5, Fld. Orig-D. 20–May–21 ...... OH Middletown ...... Middletown Rgnl/Hook 1/8563 4/2/21 RNAV (GPS) RWY 23, Fld. Orig-C. 20–May–21 ...... TX Dumas ...... Moore County ...... 1/9061 4/1/21 RNAV (GPS) RWY 1, Orig-A. 20–May–21 ...... TX Dumas ...... Moore County ...... 1/9063 4/1/21 RNAV (GPS) RWY 19, Orig-A. 20–May–21 ...... NC Morganton ...... Foothills Rgnl ...... 1/9260 4/2/21 RNAV (GPS) RWY 21, Amdt 1A. 20–May–21 ...... NC Morganton ...... Foothills Rgnl ...... 1/9263 4/2/21 RNAV (GPS) RWY 3, Amdt 1A.

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AIRAC date State City Airport FDC No. FDC date Subject

20–May–21 ...... NC Morganton ...... Foothills Rgnl ...... 1/9324 4/2/21 LOC RWY 3, Amdt 2A. 20–May–21 ...... WV Moundsville ...... Marshall County ...... 1/9947 4/2/21 RNAV (GPS) RWY 6, I I Orig-D.

[FR Doc. 2021–08591 Filed 4–23–21; 8:45 am] 3. The office of Aeronautical and publication of the complete BILLING CODE 4910–13–P Information Services, 6500 South description of each SIAP, Takeoff MacArthur Blvd., Oklahoma City, OK Minimums and ODP listed on FAA form 73169 or, documents is unnecessary. This DEPARTMENT OF TRANSPORTATION 4. The National Archives and Records amendment provides the affected CFR Administration (NARA). For sections and specifies the typed of Federal Aviation Administration information on the availability of this SIAPS, Takeoff Minimums and ODPs material at NARA, email fedreg.legal@ with their applicable effective dates. 14 CFR Part 97 nara.gov or go to: https:// This amendment also identifies the [Docket No. 31366; Amdt. No. 3953] www.archives.gov/federal-register/cfr/ airport and its location, the procedure, ibr-locations.html. and the amendment number. Standard Instrument Approach Availability Availability and Summary of Material Procedures, and Takeoff Minimums Incorporated by Reference and Obstacle Departure Procedures; All SIAPs and Takeoff Minimums and Miscellaneous Amendments ODPs are available online free of charge. The material incorporated by Visit the National Flight Data Center at reference is publicly available as listed AGENCY: Federal Aviation nfdc.faa.gov to register. Additionally, in the ADDRESSES section. Administration (FAA), DOT. individual SIAP and Takeoff Minimums The material incorporated by ACTION: Final rule. and ODP copies may be obtained from reference describes SIAPS, Takeoff the FAA Air Traffic Organization Minimums and/or ODPs as identified in SUMMARY: This rule establishes, amends, Service Area in which the affected the amendatory language for part 97 of suspends, or removes Standard airport is located. this final rule. Instrument Approach Procedures FOR FURTHER INFORMATION CONTACT: The Rule (SIAPS) and associated Takeoff Thomas J. Nichols, Flight Procedures Minimums and Obstacle Departure and Airspace Group, Flight This amendment to 14 CFR part 97 is procedures (ODPs) for operations at Technologies and Procedures Division, effective upon publication of each certain airports. These regulatory Flight Standards Service, Federal separate SIAP, Takeoff Minimums and actions are needed because of the Aviation Administration. Mailing ODP as amended in the transmittal. adoption of new or revised criteria, or Address: FAA Mike Monroney Some SIAP and Takeoff Minimums and because of changes occurring in the Aeronautical Center, Flight Procedures textual ODP amendments may have National Airspace System, such as the and Airspace Group, 6500 South been issued previously by the FAA in a commissioning of new navigational MacArthur Blvd., Registry Bldg 29 Flight Data Center (FDC) Notice to facilities, adding new obstacles, or Room 104, Oklahoma City, OK 73169. Airmen (NOTAM) as an emergency changing air traffic requirements. These Telephone (405) 954–4164. action of immediate flights safety changes are designed to provide safe SUPPLEMENTARY INFORMATION: This rule relating directly to published and efficient use of the navigable amends 14 CFR part 97 by establishing, aeronautical charts. airspace and to promote safe flight amending, suspending, or removes The circumstances that created the operations under instrument flight rules SIAPS, Takeoff Minimums and/or need for some SIAP and Takeoff at the affected airports. ODPS. The complete regulatory Minimums and ODP amendments may DATES: This rule is effective April 26, description of each SIAP and its require making them effective in less 2021. The compliance date for each associated Takeoff Minimums or ODP than 30 days. For the remaining SIAPs SIAP, associated Takeoff Minimums, for an identified airport is listed on FAA and Takeoff Minimums and ODPs, an and ODP is specified in the amendatory form documents which are incorporated effective date at least 30 days after provisions. by reference in this amendment under 5 publication is provided. The incorporation by reference of U.S.C. 552(a), 1 CFR part 51, and 14 Further, the SIAPs and Takeoff certain publications listed in the CFR part 97.20. The applicable FAA Minimums and ODPs contained in this regulations is approved by the Director Forms 8260–3, 8260–4, 8260–5, 8260– amendment are based on the criteria of the Federal Register as of April 26, 15A, 8260–15B, when required by an contained in the U.S. Standard for 2021. entry on 8260–15A, and 8260–15C. Terminal Instrument Procedures ADDRESSES: Availability of matters The large number of SIAPs, Takeoff (TERPS). In developing these SIAPs and incorporated by reference in the Minimums and ODPs, their complex Takeoff Minimums and ODPs, the amendment is as follows: nature, and the need for a special format TERPS criteria were applied to the make publication in the Federal conditions existing or anticipated at the For Examination Register expensive and impractical. affected airports. Because of the close 1. U.S. Department of Transportation, Further, airmen do not use the and immediate relationship between Docket Ops-M30, 1200 New Jersey regulatory text of the SIAPs, Takeoff these SIAPs, Takeoff Minimums and Avenue SE, West Bldg., Ground Floor, Minimums or ODPs, but instead refer to ODPs, and safety in air commerce, I find Washington, DC 20590–0001. their graphic depiction on charts that notice and public procedure under 2. The FAA Air Traffic Organization printed by publishers or aeronautical 5 U.S.C. 553(b) are impracticable and Service Area in which the affected materials. Thus, the advantages of contrary to the public interest and, airport is located; incorporation by reference are realized where applicable, under 5 U.S.C. 553(d),

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good cause exists for making some Los Angeles, CA, KLAX, RNAV (RNP) Z Gillette, WY, KGCC, VOR RWY 16, Orig- SIAPs effective in less than 30 days. RWY 25L, Amdt 2C B The FAA has determined that this Jackson, OH, I43, VOR/DME–A, Amdt [FR Doc. 2021–08590 Filed 4–23–21; 8:45 am] regulation only involves an established 2C, CANCELLED BILLING CODE 4910–13–P body of technical regulations for which Effective 17 June 2021 frequent and routine amendments are Gadsden, AL, KGAD, RNAV (GPS) RWY necessary to keep them operationally DEPARTMENT OF COMMERCE current. It, therefore—(1) is not a 6, Amdt 1D Cloverdale, CA, Cloverdale Muni, ‘‘significant regulatory action’’ under Office of the Secretary Executive Order 12866; (2) is not a Takeoff Minimums and Obstacle DP, Amdt 2 ‘‘significant rule’’ under DOT 15 CFR Part 4 Regulatory Policies and Procedures (44 Santa Rosa, CA, Charles M Schulz- Sonoma County, Takeoff Minimums FR 11034; February 26, 1979); and (3) [Docket No. 210329–0073] and Obstacle DP, Amdt 8 does not warrant preparation of a Atlanta, GA, KHMP, RNAV (GPS) RWY RIN 0605–AA49 regulatory evaluation as the anticipated 6, Amdt 3 impact is so minimal. For the same Atlanta, GA, KHMP, RNAV (GPS) RWY Social Security Number Fraud reason, the FAA certifies that this 24, Amdt 3 Prevention Act of 2017 Implementation amendment will not have a significant Cochran, GA, 48A, RNAV (GPS) RWY economic impact on a substantial AGENCY: Office of the Secretary, 29, Amdt 1D Department of Commerce. number of small entities under the Cochran, GA, Cochran, VOR/DME RWY criteria of the Regulatory Flexibility Act. 5, Amdt 6B, CANCELLED ACTION: Final rule. Galesburg, IL, KGBG, ILS OR LOC RWY Lists of Subjects in 14 CFR Part 97 SUMMARY: This final rule revises the 3, Amdt 11 Department of Commerce (Department) Air Traffic Control, Airports, Galesburg, IL, KGBG, VOR RWY 21, Incorporation by reference, Navigation Amdt 7C, CANCELLED regulations under the Freedom of (Air). Gary, IN, KGYY, ILS OR LOC RWY 30, Information Act (FOIA) and the Privacy Amdt 7 Act. The revisions clarify and update Issued in Washington, DC, on April 16, the language of procedural requirements 2021. Gary, IN, KGYY, RNAV (GPS) Y RWY pertaining to the inclusion of Social Wade Terrell 12, Amdt 3 Gary, IN, KGYY, RNAV (GPS) Y RWY Security account numbers on Aviation Safety Manager, Flight Procedures 30, Amdt 2 documents that the Department sends & Airspace Group, Flight Technologies and by mail. These revisions are necessary Procedures Division. Gary, IN, KGYY, RNAV (RNP) Z RWY 12, Amdt 2 to implement the Social Security Adoption of the Amendment Gary, IN, KGYY, RNAV (RNP) Z RWY Number Fraud Prevention Act of 2017 Accordingly, pursuant to the 30, Amdt 2 (the Act), which restricts the inclusion Ashland, KY, KDWU, VOR/DME RWY authority delegated to me, Title 14, of Social Security numbers (SSNs) on 10, Amdt 12, CANCELLED documents sent by mail by the Federal Code of Federal Regulations, Part 97 (14 Shreveport, LA, Shreveport Downtown, CRF part 97) is amended by government. Takeoff Minimums and Obstacle DP, DATES: Effective May 26, 2021. establishing, amending, suspending, or Amdt 4 removing Standard Instrument Mountain View, MO, Mountain View, ADDRESSES: Departmental Privacy Act Approach Procedures and/or Takeoff Takeoff Minimums and Obstacle DP, Officer, Office of Privacy and Open Minimums and Obstacle Departure Amdt 5 Government, Department of Commerce, Procedures effective at 0901 UTC on the Haverhill, NH, Dean Memorial, Takeoff 1401 Constitution Ave. NW, Mail Stop dates specified, as follows: Minimums and Obstacle DP, Amdt 1 61025, Washington, DC 20230. Keene, NH, Dillant-Hopkins, Takeoff FOR FURTHER INFORMATION CONTACT: PART 97—STANDARD INSTRUMENT Minimums and Obstacle DP, Amdt 6 Departmental Privacy Act Officer, Office APPROACH PROCEDURES Manchester, NH, KMHT, RNAV (GPS) of Privacy and Open Government, ■ 1. The authority citation for part 97 RWY 6, Amdt 3 Department of Commerce, (202) 482– Malone, NY, KMAL, RNAV (GPS) RWY continues to read as follows: 1190, [email protected]. 5, Amdt 1 SUPPLEMENTARY INFORMATION: Authority: 49 U.S.C. 106(f), 106(g), 40103, Malone, NY, KMAL, RNAV (GPS) RWY 40106, 40113, 40114, 40120, 44502, 44514, 23, Orig-D Background 44701, 44719, 44721–44722. Sebring, OH, 3G6, RNAV (GPS) RWY ■ 2. Part 97 is amended to read as The Act (Pub. L. 115–59; 42 U.S.C. 18, Orig 405 note), which was signed on follows: Sebring, OH, Tri-City, Takeoff September 15, 2017, restricts Federal Effective 20 May 2021 Minimums and Obstacle DP, Orig-A Sebring, OH, 3G6, VOR RWY 18, Amdt agencies from including individuals’ Los Angeles, CA, KLAX, ILS OR LOC 4A SSNs on documents sent by mail, unless RWY 24R, ILS RWY 24R (CAT II), ILS Stillwater, OK, Stillwater Rgnl. RNAV the head of the agency determines that RWY 24R (CAT III), Amdt 26B (GPS) RWY 17, Amdt 1 the inclusion of the SSN on the Los Angeles, CA, KLAX, ILS OR LOC Gillette, WY, KGCC, ILS OR LOC RWY document is necessary (section 2(a) of RWY 25L, ILS RWY 25L (CAT II), ILS 34, Amdt 4A the Act). The Act requires agency heads RWY 25L (CAT III), Amdt 14C Gillette, WY, KGCC, RNAV (GPS) RWY to issue regulations specifying the Los Angeles, CA, KLAX, RNAV (GPS) Y 16, Orig-B circumstances under which inclusion of RWY 24R, Amdt 3B Gillette, WY, KGCC, RNAV (GPS) RWY a SSN on a document sent by mail is Los Angeles, CA, KLAX, RNAV (GPS) Y 34, Orig-B necessary. These regulations, which RWY 25L, Amdt 4C Gillette, WY, Northeast Wyoming Rgnl, must be issued not later than five years Los Angeles, CA, KLAX, RNAV (RNP) Z Takeoff Minimums and Obstacle DP, after the date of enactment, shall RWY 24R, Amdt 1C Amdt 6 include instructions for the partial

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redaction of SSNs where feasible, and extent that this comment addresses the potential theft of stimulus checks is not shall require that SSNs not be visible on enactment of laws or the conduct of addressed, as it is not within the scope the outside of any package sent by mail businesses and other entities, the of this action to amend the Department’s (section 2(b) of the Act). This final rule comment is not applicable to this action regulations in order to implement the revises the Department regulations amending the Department’s regulations. Act. under FOIA (subpart A, 15 CFR part 4) Comment 3: Noting concerns about and the Privacy Act (subpart B, 15 CFR privacy and potential identity theft, Changes Between the Proposed Rule part 4), consistent with these another commenter agreed with the and Final Rule requirements in the Act. This final rule proposed rule, but requested the listing This final rule makes no changes to also clarifies the language of procedural out of specific circumstances in which the regulatory text of the proposed rule. requirements pertaining to the inclusion the inclusion of a SSN on a document Classification of SSNs on documents that the is necessary. The commenter stated that Department sends by mail; makes the SSN should not appear on any This final rule has been determined to clarifying updates by changing the term document, because ensuring that the be not significant for purposes of review ‘‘Privacy Officer’’ to ‘‘Privacy Act SSN does not appear on the envelope is under Executive Order 12866. In Officer’’ where it occurs in Subpart B of not enough to guarantee that the accordance with the Regulatory 15 CFR part 4, and by changing the term information will not be stolen. The Flexibility Act (5 U.S.C. 605(b)), the ‘‘FOI Officer’’ to ‘‘FOIA Officer’’ in commenter also asked why the Act Chief Counsel for Regulation has several places in Appendix B.; and allows a five-year period for reviewed this rule and certified that this updates an office name by changing the implementation, and notes that the Act regulation, if implemented, will not phrase ‘‘Assistant General Counsel for should be implemented sooner. have a significant economic impact on Employment, Litigation, and Oversight’’ Response: The Department has a substantial number of small entities. to ‘‘Assistant General Counsel for policies and procedures in place for This rule is largely procedural in nature, Employment, Litigation, and justifying the collections, maintenance, and, therefore, will not affect requesters. Information’’ where it occurs in part 4. and uses of SSNs, as well as for This regulation does not contain a maintaining an inventory of forms Comments on the Proposed Rule collection of information as defined by collecting SSNs, and for safeguarding the Paperwork Reduction Act, 44 U.S.C. The Office of the Secretary received the SSNs. The Department also has 3501, et seq. four general comments on the proposed policies and procedures in place for rule from members of the public. The eliminating the unnecessary collections, List of Subjects in 15 CFR Part 4 comments on the proposed rule can be maintenance, and uses of SSNs. The Act Appeals, Freedom of Information Act, viewed and downloaded at the requires Federal agencies with Chief Information, Privacy, Privacy Act. following link: https:// Financial Officers to issue regulations, www.regulations.gov/document/DOC- and the rationale for such Jennifer Goode, 2020-0001-0001. No changes have been determination, not later than five years Acting Director and Deputy Director of Open made to the regulatory text of the after enactment. We note that the Government, and Departmental Privacy proposed rule in response to these four question regarding the Congress’ reasons Officer. comments. The following are our for including a five-year implementation For the reasons stated in the responses to the comments. period in the Act is beyond the scope of preamble, the Department of Commerce Comment 1: I haven’t received my this final rule. However, this final rule amends Subparts A and B of 15 CFR stimulus check. I want to check my will fully implement the Act’s part 4 as follows: information and update my information. requirements in advance of the Response: This comment is not prescribed statutory five-year period. PART 4—DISCLOSURE OF addressed, as it is not within the scope Comment 4: One commenter stated GOVERNMENT INFORMATION of this action to amend the Department’s that protecting American’s identities regulations in order to implement the needs to be a high concern of the United ■ 1. The authority citation for part 4 Act. States government. With the continues to read as follows: Comment 2: Noting concerns about advancement of technology, it is Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 fraud and criminal activity, a becoming easier for individuals to U.S.C. 552a; 5 U.SC. 553; 31 U.S.C. 3717; 44 commenter stated that SSNs should be engage in identity fraud through SSNs. U.S.C. 3101; Reorganization Plan No. 5 of allowed to be used only for social Therefore, the SSN should not be sent 1950; Pub. L. 115–59, 131 Stat. 1152 (42 security. The commenter stated that a by the Federal government through U.S.C. 405, note). company wanting to do business with mail. Many citizens are awaiting their Subpart A—Freedom of Information you should assign an account number to stimulus checks, and criminals may be Act serve as your identification, rather than looking to steal checks that are mailed. request and use your personal Response: The Act requires Federal ■ 2. In § 4.7, add paragraph (d) to read information, including your SSN, and agencies with Chief Financial Officers to as follows: that this needs to be put into law. issue regulations specifying the Response: The Act is a law that circumstances under which the § 4.7 Responses to Requests. restricts the inclusion of SSNs on inclusion of the SSN is necessary on a * * * * * Federal documents sent by mail. This mailed document. The regulations must (d) All responses shall be made final rule implements the Act by making include instructions for partial subject to the provisions of changes to the Department’s regulations, redaction of the SSN where feasible and § 4.25(b)(2)(iv). which state that the collection of SSNs a requirement that the SSN not be * * * * * on Federal documents by mail must be visible on the outside of any mail. The required or authorized by law, or must Department has policies and procedures Subpart B—Privacy Act be deemed by the agency to be in place for eliminating the unnecessary necessary for fulfilling a compelling collections, maintenance, and uses of ■ 3. Amend subpart B by removing the business need of the agency. To the SSNs. The comment regarding the words ‘‘Privacy Officer’’ wherever they

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appear and adding in their place the individual, the signature of the recipient FR 36390 (Order No. 860), is delayed to words ‘‘Privacy Act Officer’’. is required upon delivery. July 1, 2021. ■ 4. Amend § 4.22 by adding paragraph (iv) The full SSN, the truncated SSN, FOR FURTHER INFORMATION CONTACT: (b)(10) to read as follows: any part of the SSN of an individual Ryan Stertz (Technical Information), must not be visible from the outside of Office of Energy Market Regulation, § 4.22 Definitions. the envelope or package. Federal Energy Regulatory * * * * * (b) * * * Commission, 888 First Street NE, (b) * * * (2) * * * Washington, DC 20426, (202) 502– (iii) Copies of documents may be (10) Un-redacted SSN Mailed 6473, [email protected] mailed at the request of the individual Documents Listing (USMDL) means the Regine Baus (Legal Information), Office and may be subject to payment of the Department approved list, as posted at of the General Counsel, Federal fees prescribed in §§ 4.25(a)(3) and 4.31. www.commerce.gov/privacy, Energy Regulatory Commission, 888 In the event that the Department, at its designating those documents for which First Street NE, Washington, DC own initiative, elects to provide a copy the inclusion of SSN is determined to be 20426, (202) 502–8757, regine.baus@ by mail, no fee will be charged to the necessary to fulfill a compelling ferc.gov Department business need when the individual. documents are requested by individuals (iv) Copies of documents listed on the SUPPLEMENTARY INFORMATION: outside the Department or other Federal USMDL that include full SSNs and that 1. In this Final Rule, the Commission agencies, as determined jointly by the are requested by an individual are delays the compliance date for the Senior Agency Official for Privacy and subject to payment of the fees requirements of Order No. 860 until July the Departmental Privacy Act Officer. prescribed in § 4.31. 1, 2021. (v) Documents containing SSNs or ■ 5. Amend § 4.25 by: I. Background ■ a. Adding paragraphs (a)(3) and (4); truncated SSNs that are required to be and returned by the individual to the 1. On July 18, 2019, the Commission ■ b. Revising paragraph (b)(2)(iii) and Department will be mailed or delivered issued Order No. 860,1 which revised adding paragraphs (b)(2)(iv) and (v). along with a prepaid mail or delivery certain aspects of the substance and The additions and revisions read as service envelope at the expense of the format of information submitted for follows: Department. market-based rate purposes by Sellers.2 * * * * * Specifically, the Commission adopted § 4.25 Disclosure of requested records to the approach to data collection individuals [Amended] Appendix B to Part 4 [Amended] proposed in the Notice of Proposed (a) * * * Rulemaking issued in July 2016, i.e., to (3) Inclusion of SSNs on responsive ■ 6. Amend Appendix B to part 4 by: ■ collect market-based rate information in documents. a. Adding the word ‘‘Act’’ after the phrase ‘‘Freedom of Information’’ a relational database.3 The current (i) The Department shall redact SSNs effective date of Order No. 860 was from responsive documents provided to wherever it appears in the introductory text, under ‘‘Office of the Secretary,’’ October 1, 2020.4 requesters where feasible. Where full 2. On March 18, 2021, the redaction is not feasible, partial and under ‘‘Assistant Secretary for Administration’’; and Commission issued a Notice Seeking redaction to create a truncated SSN Comments (Notice) on a proposal to shall be preferred to no redaction. The ■ b. Adding a semicolon after the term collect additional data from certain following conditions must be met for ‘‘Office of Privacy and Open Sellers through revisions to the data the inclusion of an unredacted (full) Government: Director’’. dictionary and XML schema that SSN or partially redacted (truncated) [FR Doc. 2021–06823 Filed 4–23–21; 8:45 am] accompany the relational database SSN on a responsive document: BILLING CODE 3510–17–P established in Order No. 860 (MBR Data (ii) The inclusion of the full SSN or 5 truncated SSN of an individual must be Dictionary). Specifically, the Notice proposes to update the MBR Data required or authorized by law, DEPARTMENT OF ENERGY (iii) The inclusion of the full SSN or Dictionary and add three new attributes truncated SSN of an individual must be FEDERAL ENERGY REGULATORY to the Entities to Entities table. This determined by the Senior Agency COMMISSION requirement includes submitting into Official for Privacy and Departmental 18 CFR Part 35 1 Data Collection for Analytics & Surveillance and Privacy Act Officer to be necessary to Market-Based Rate Purposes, Order No. 860, 84 FR fulfill a compelling Department [Docket No. RM16–17–000; Order No. 860] 36390 (Jul. 26, 2019) 168 FERC ¶ 61,039 (2019), business need; and order on reh’g, Order No. 860–A, 85 FR 13013 (Mar. (iv) The full SSN of an individual may Data Collection for Analytics and 6, 2020) 170 FERC ¶ 61,129 (2020). be included only on documents listed 2 A Seller is defined as any person that has Surveillance and Market-Based Rate authorization to or seeks authorization to engage in on the USMDL. Purposes sales for resale of electric energy, capacity or (4) The following requirements apply ancillary services at market-based rates under when the Department mails or delivers AGENCY: Federal Energy Regulatory section 205 of the Federal Power Act (FPA). 18 CFR responsive documents containing SSNs Commission. 35.36(a)(1); 16 U.S.C. 824d. or truncated SSNs: ACTION: Final rule; delay of compliance. 3 Data Collection for Analytics & Surveillance and (i) The full SSN of an individual may Market-Based Rate Purposes, Notice of Proposed Rulemaking, 81 FR 51726 (Aug. 4, 2016), 156 FERC be included only on documents listed SUMMARY: The Commission delays the compliance date for the requirements of ¶ 61,045 (2016). on the USMDL. 4 On May 20, 2020, the Commission issued a (ii) For documents that are listed on its final rule, ‘‘Data Collection for Notice of Extension of Time to notify industry that the USMDL and that include the full Analytics and Surveillance and Market- the implementation of Order No. 860 would be SSN of an individual, the signature of Based Rate Purposes’’ (Order No. 860) delayed by six months. until July 1, 2021. 5 Data Collection for Analytics & Surveillance and the recipient is required upon delivery. Market-Based Rate Purposes, Proposed revision of (iii) For documents that include the DATES: The compliance date for the final collected information; request for comments, 86 FR truncated form of the SSN of an rule published on July 26, 2019, at 84 17823 (Apr. 6, 2021), 174 FERC ¶ 61,214 (2021).

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the relational database the docket III. Information Collection Statement Register, the Commission provides all number of the section 203(a)(2) blanket 5. This final rule delays compliance to interested persons an opportunity to authorization, the identifier(s) of the Order No. 860 but does not change any view and/or print the contents of this upstream affiliate(s) whose securities reporting or recordkeeping document via the internet through were acquired pursuant to the section requirements. Therefore, there is no FERC’s Home Page (http:// 203(a)(2) blanket authorization, and the change in estimated burden or cost from www.ferc.gov). At this time, the type of identifier(s) reported. The Order No. 860. Commission has suspended access to appropriate Sellers would be required to the Commission’s Public Reference submit the docket number of the IV. Environmental Analysis Room due to the President’s March 13, proceeding in which the Commission 6. The Commission is required to 2020 proclamation declaring a National granted the section 203(a)(2) blanket prepare an Environmental Assessment Emergency concerning the Novel authorization and the proper or an Environmental Impact Statement Coronavirus Disease (COVID–19). identifier(s) for the upstream affiliate(s) for any action that may have a 9. From the Commission’s Home Page whose securities were acquired significant adverse effect on the human on the internet, this information is pursuant to the section 203(a)(2) blanket environment.6 The Commission has authorization. categorically excluded certain actions available on eLibrary. The full text of this document is available on eLibrary II. Discussion from these requirements as not having a significant effect on the human in PDF and Microsoft Word format for 3. The Notice requests that comments environment.7 The actions proposed viewing, printing, and/or downloading. on the proposal be filed 60 days after here fall within a categorical exclusion To access this document in eLibrary, the publication to the Federal Register. in the Commission’s regulations, i.e., type the docket number excluding the A delay in the compliance date of Order they involve information gathering, last three digits of this document in the No. 860 is necessary to allow for public analysis, and dissemination.8 Therefore, docket number field. comment on the Commission’s proposal environmental analysis is unnecessary 10. User assistance is available for in the Notice and for the Commission to and has not been performed. eLibrary and the FERC’s website during have adequate time to review those normal business hours from FERC V. Regulatory Flexibility Act comments. Accordingly, we extend the Online Support at (202) 502–6652 (toll compliance date for the requirements of 7. This final rule delays compliance to free at 1–866–208–3676) or email at Order No. 860 to July 1, 2021. Other Order No. 860 but does not change any [email protected], or the implementation dates in Order No. 860 reporting or record keeping Public Reference Room at (202) 502– are correspondingly extended as shown requirements. Therefore, there is no 8371, TTY (202) 502–8659. Email the in the attached Appendix. change in the estimated impact on small Public Reference Room at 4. Notice and comment on this delay entities. Accordingly, we certify that [email protected]. in compliance is unnecessary because this final rule will not have a significant the delay is short, the compliance dates economic impact on a substantial By the Commission. remain aligned with the dates number of small entities. Dated: March 18, 2021. established in Order No. 860 (as shown VI. Document Availability Kimberly D. Bose, in the Appendix), and there is no Secretary. change to the policy effectuated by 8. In addition to publishing the full Order No. 860. text of this document in the Federal Appendix

Revised, three-month delay of Activity Current order No. 860 schedule compliance schedule

Testing period for the MBR Database ...... Through Mar. 31, 2021 ...... Through Jun. 30, 2021. ‘‘Go-live’’ date of MBR Database ...... Apr. 1, 2021 ...... Jul. 1, 2021. Sellers should create needed identifiers (FERC Generated IDs Apr. 1, 2021–June 30, 2021 ...... Jul. 1, 2021–Sep. 30, 2021. and Asset IDs) in the MBR Portal and prepare their baseline submissions. Baseline submissions are due ...... By Aug. 2, 2021 ...... By Nov. 2, 2021. First change in status filings under new timelines are due ...... By Aug. 31, 2021 ...... By Nov. 30, 2021. Second change in status filings under quarterly reporting re- By Oct. 31, 2021 ...... By Jan. 31, 2022. quirement are due.

[FR Doc. 2021–06090 Filed 4–23–21; 8:45 am] BILLING CODE 6717–01–P

6 Regulations Implementing the National 47897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783 7 Id. Environmental Policy Act, Order No. 486, 52 FR (1987) (cross-referenced at 41 FERC ¶ 61,284). 8 18 CFR 380.4.

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DEPARTMENT OF THE INTERIOR Interior conditionally approved the OSMRE approval of state programs and Kentucky program on May 18, 1982. program amendments. We are approving Office of Surface Mining Reclamation You can find background information the amendment as described below. The and Enforcement on the Kentucky program, including the full text of the approved amendment is Secretary’s findings, the disposition of available online at https:// 30 CFR Part 917 comments, and conditions of approval, www.regulations.gov/. [SATS No. KY–258–FOR; Docket No. OSM– in the May 18, 1982 Federal Register SMCRA allows for state regulatory 2015–0001; S1D1S SS08011000 SX064A000 (47 FR 21404). You can also find later authorities to promulgate rules no less 212S180110; S2D2S SS08011000 actions concerning the Kentucky effective and no less stringent than the SX064A000 21XS501520] program and program amendments at 30 Federal regulations. In addition, under CFR 917.11, 917.12, 917.13, 917.15, Ky. Rev. Stat. section 13A.120(1)(a) Kentucky Regulatory Program 917.16, and 917.17. (Promulgation of administrative regulations—Prohibitions concerning AGENCY: Office of Surface Mining II. Submission of the Amendment promulgations), administrative Reclamation and Enforcement, Interior. By letter dated January 29, 2015 regulations may be no more stringent ACTION: Final rule; approval of (Administrative Record No. KY–2001), than Federal law or regulations. amendment. the Kentucky Department for Natural Kentucky proposed to revise section SUMMARY: We, the Office of Surface Resources (KYDNR) submitted to 4(2) of 405 KAR 8:030 for surface coal Mining Reclamation and Enforcement OSMRE an amendment to the Kentucky mining permits and to establish a new (OSMRE), are approving an amendment program under SMCRA. Kentucky section 4(2) in 405 KAR 8:040 for to the Kentucky regulatory program (the proposed to establish, as it relates to underground coal mining permits. As Kentucky program) under the Surface underground mines, and amend, as it required by SMCRA, these regulations relates to surface mines, permit Mining Control and Reclamation Act of would establish administrative application requirements for an operator 1977 (SMCRA or the Act). The State regulations that are as effective as, but seeking to mine land with severed submitted proposed revisions to the no less stringent than, those required surface and mineral estates. Under the under Federal law. Kentucky Administrative Regulations existing rule, if there is no conveyance In accordance with the KYDNR’s (KAR) that establish the requirements expressly granting or reserving the right stated intent, section 4(2) of 405 KAR for a permit applicant to demonstrate a to extract coal by surface mining 8:030 is being amended to modify a legal right of entry and right to mine on methods or no surface owner consent, permit applicant’s proof of legal right of land with severed surface and mineral then the applicant is nonetheless able to entry and right to mine requirements. estates. Kentucky submitted this obtain a permit by submitting An identical provision is established as proposed amendment to modify the documentation that, under applicable section 4(2) of 405 KAR 8:040 relating requirements for demonstrating legal state law, the applicant has the legal to underground mines. The amendment, right of entry and right to mine on authority to extract coal by those as approved, removes the language in proposed coal mines sites with severed methods. The additional, Kentucky existing section 4(2)(c) (405 KAR 8:030), minerals. requirement found in the existing rule which requires submission of a copy of DATES: The effective date is May 26, –that the applicant also provide a copy the original severance instrument as a 2021. of the original instrument of severance means to establish a legal right of entry FOR FURTHER INFORMATION CONTACT: Mr. upon which the applicant bases his and right to mine the mineral estate. An Michael Castle, Field Office Director, right to extract coal by surface mining additional revision moves the existing Lexington Field Office, Office of Surface methods—has been removed. Without proviso, that the regulation does not Mining Reclamation and Enforcement, the additional Kentucky requirement authorize the cabinet to adjudicate 2675 Regency Road, Lexington, that Kentucky proposed to remove, the property rights disputes, into a new Kentucky 40503, Telephone: (859) 260– rule now mirrors and is consistent with subsection, found at section 4(3), with 3902, Email: [email protected]. Federal regulations. no modification to the existing SUPPLEMENTARY INFORMATION: We announced receipt of the language. proposed amendment in the June 12, We note that the language in section I. Background on the Kentucky Program 2015, Federal Register (80 FR 33456). In 4(2) of 405 KAR 8:030 and section 4(2) II. Submission of the Amendment of 405 KAR 8:040 is substantively III. OSMRE’s Findings the same document, we opened the IV. Summary and Disposition of Comments public comment period and provided an identical and, for this reason, this final V. OSMRE’s Decision opportunity for a public hearing or rule addresses them as one. Kentucky’s VI. Statutory and Executive Order Reviews meeting on the adequacy of the proposed amendment language is also amendment. The public comment substantively identical to that found in I. Background on the Kentucky period ended on July 13, 2015. We did 30 CFR 778.15. However, the existing Program not hold a public hearing or meeting version of section 4(2) in 405 KAR 8:030 Section 503(a) of the Act permits a because one was not requested. We requires an additional element that the State to assume primacy for the received comments from one proposed version does not: It requires regulation of surface coal mining and commenter. Those comments are each applicant to submit a copy of the reclamation operations on non-Federal addressed in the Public Comments original instrument of severance upon and non-Indian lands within its borders section, part IV, Summary and which the applicant bases his right of by demonstrating that its program Disposition of Comments, below. entry and right to extract coal by surface includes, among other things, State laws mining methods. This requirement does and regulations that govern surface coal III. OSMRE’s Findings not appear in SMCRA or its mining and reclamation operations in The following are the findings we implementing regulations and, as a accordance with the Act and consistent made concerning the proposed result, the existing provision imposes an with the Federal regulations. See 30 Kentucky amendment under SMCRA additional obligation than that which U.S.C. 1253(a)(1) and (7). On the basis and the Federal regulations at 30 CFR SMCRA and its implementing of these criteria, the Secretary of the 732.15 and 732.17, which govern regulations require. This additional

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requirement in existing 405 KAR 8:030 Reclamation Advisory Memorandum, or unintended loophole. The ACLC states makes it more stringent than 30 U.S.C. RAM–159. that removing the language would 1260(b)(6) and 30 CFR 778.15. OSMRE Response: The amendment to broaden the requirement in a manner Kentucky’s proposed amendment Kentucky’s program modifies the inconsistent with SMCRA, thereby removes this additional requirement requirements that an applicant must allowing the KYDNR to circumvent the from the existing State regulations at submit to demonstrate legal right of requirement to obtain written consent 405 KAR 8:030 and also ensures the entry and right to mine on proposed from all surface owners. According to requirements of Ky. Rev. Stat. section coal mine sites with severed minerals. the ACLC, this change would no longer 13A.120, that does not allow The current version of section 4(2) of specify that state law is to be applied administrative regulations to be more 405 KAR 8:030, is more stringent than only when determining the surface- stringent than the Federal law or 30 CFR 778.15 because it requires each subsurface legal relationship, but would regulations, are conformed with. applicant to submit a copy of the instead allow the KYDNR to issue We find that Kentucky’s proposed original instrument of severance upon SMCRA permits under subsection (c) amendment complies with the which the applicant bases his right of based upon a single surface owner’s requirement that state regulations be no entry and right to extract coal by surface consent deemed as sufficient for right of less stringent than and no less effective mining methods. The requirement to entry under state law. The ACLC cites than the Federal regulations found at 30 submit a copy of the original instrument to the KYDNR’s RAM–159 as support CFR 778.15. Therefore, we are of severance in the current Kentucky for this contention. approving Kentucky’s proposed regulations is not in SMCRA or in the OSMRE Response: KYDNR’s RAM amendment. Federal regulations and is more 161, dated June 25, 2015, updates and stringent than the Federal equivalents. modifies previously issued RAMs 159 IV. Summary and Disposition of The changes to existing regulation Comments and 160. RAM 161 explains how the clearly remove the requirement that is Division of Mine Permits will apply Public Comments more stringent than Federal law. This those provisions of RAMs 159 and 160 change is consistent with the Kentucky relating to identification of property We asked for public comments on this law that requires its administrative amendment in a proposed rule ownership, to renewals, transfers and regulations to be no more stringent than mined out areas. published in the Federal Register on Federal laws or regulations. See Ky. ACLC’s concern—that the change June 12, 2015 (80 FR 33456). OSMRE Rev. Stat. 13A.120(1)(a). Because section received one set of comments from 4(2) of 405 KAR 8:030 as modified is brings 30 U.S.C. 1260(b)(6)(A) and Appalachian Citizens’ Law Center, Inc. now substantively identical to the 1260(b)(6)(C) into disharmony and (ACLC) on July 13, 2015. Each of the Federal regulation at 30 CFR 778.15, we renders 30 U.S.C. 1260(b)(6)(A) ACLC’s comments are summarized and find that it is no less stringent that superfluous—ignores the plain language addressed below. SMCRA and no less effective than the of SMCRA and OSMRE’s implementing Federal regulations. regulation. 30 U.S.C. 1260(b)(6)(A), (B), A. ACLC Comments Identifying and (C) are presented in the disjunctive. Submission Omissions and Deficiencies We acknowledge the stated intent in RAM–159. A RAM is intended to be ‘‘an An applicant need only submit The ACLC contends that OSMRE open correspondence from the documentation satisfying one of them. If cannot approve the proposed commissioner of the Department for the applicant has the written consent amendment as Kentucky’s submission Natural Resources (DNR) to operators from the surface owner (i.e., subsection is, according to ACLC, incomplete and and other interested persons that A), then he or she need only submit procedurally defective. provides information related to DNR’s documentation reflecting that consent. If The ACLC contends that Kentucky’s surface mining regulatory program.’’ the applicant has a conveyance that submission fails to acknowledge or RAM 159 does not modify state law but expressly grants or reserves the right to explain how the proposed amendment is intended to provide the regulatory extract coal (i.e., subsection B), then he would achieve the State’s intent of authority with internal guidance for the or she need only submit that ‘‘clarify[ing] the process by which an implementation of the State program. documentation. If the applicant cannot entity submits proof of right of entry Under 30 CFR 732.17, states are satisfy either A or B, then he or she may procedures on proposed coal mine sites required to submit changes to its laws proceed under subsection C, which with severed minerals.’’ (Administrative immediately as an amendment, but this provides that if a conveyance does not Record No. KY–2001). In addition, the kind of internal guidance does not expressly grant the right to extract coal, ACLC argues that the KYDNR’s change State law. state law may be consulted. See M.L. submission fails to explain what effect Johnson Family Properties, LLC v. the proposed changes would have in B. ACLC Comments Regarding Bernhardt, 924 F.3d 842, 852 (6th Cir. administering the Kentucky program as Interpretation of the State’s Proposed 2019) (‘‘Reading the subsections well as whether those proposed Changes and Construction of SMCRA harmoniously, however, does not changes, if approved, would render the Section 1260(b)(6)(A)–(C) mandate such a narrow interpretation of Kentucky program no less stringent than The ACLC contends that Kentucky’s subsection (C). An equally harmonious SMCRA and no less effective than the interpretation and proposed changes, interpretation is that when an applicant Federal regulations. when read as a whole, would bring 30 has neither the consent of all surface Further, the ACLC claims that U.S.C. 1260(b)(6)(A) and (C) into owners, as allowed under subsection additional documentation, received conflict and remove language OSMRE (A), nor an express conveyance, as through information requests, identifies previously determined to meet the allowed under subsection (B), it may the KYDNR’s actual intent in submitting requirements in 30 U.S.C. 1260(b)(6)(C). establish a right to surface mine through the proposed amendment. The ACLC By removing the requirement that an any other method ‘‘in accordance with contends that the KYDNR has been application provide ‘‘the original State law’’ under subsection (C). That administering changes to its program, instrument of severance’’ under the interpretation does not create any without OSMRE’s approval, through proposed section 4(2)(C), the ACLC inconsistencies between the three guidance referred to as the Kentucky argues this change would create an subsections.’’).

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Consistent with 30 U.S.C. history.’’ (citation omitted)). Further, the has the capability of carrying out the 1260(b)(6)(C), the Kentucky amendment fact that the Kentucky regulation as provisions of the Act and meeting its provides in section 4(2) of both amended mirrors the Federal rule, purposes. SMCRA requires consistency Kentucky regulations that if ‘‘the which itself tracks closely with the text of State and Federal standards. conveyance does not expressly grant the of the corresponding SMCRA provision, VI. Statutory and Executive Order right to extract the coal by surface is indicative that the amendment is no Reviews mining methods,’’ then he or she may less stringent than SMCRA and is no submit ‘‘documentation that under less effective than the Federal Executive Order 12630—Governmental applicable state law, the applicant has regulations. Actions and Interference With the legal authority to extract coal by Constitutionally Protected Property surface mining methods.’’ This presents Federal Agency Comments Rights no conflict under Kentucky law, where On April 21, 2017, pursuant to 30 This rule would not affect a taking of unanimous consent of the surface CFR 732.17(h)(11)(i) and section 503(b) private property or otherwise have holders is not required. M.L. Johnson of SMCRA (30 U.S.C. 1253(b)), we taking implications that would result in Family Properties, 924 F.3d at 852–853; requested comments on the amendment public property being taken for see also Johnson v. Environmental and from various Federal agencies with an government use without just Public Protection Cabinet, 289 SW3d actual or potential interest in the compensation under the law. Therefore, 216, 219–220 (Ky. App. 2009) (holding Kentucky program (Administrative a takings implication assessment is not that ‘‘a cotenant ha[s] the right to begin Record No. KY–2002). We did not required. This determination is based on strip mining operations on . . . property receive any comments. an analysis of the corresponding Federal despite objections from another Environmental Protection Agency (EPA) regulations. cotenant.’’). As stated above, subsection Concurrence and Comments (C) provides an applicant with an Executive Orders 12866—Regulatory alternate right of entry, which is Under 30 CFR 732.17(h)(11)(ii), we Planning and Review and 13563— dependent on State law. are required to obtain a written Improving Regulation and Regulatory concurrence from EPA for those Review C. ACLC Argues the Proposed Revisions provisions of the program amendment Executive Order 12866 provides that Are Inconsistent With SMCRA’s that relate to air or water quality Legislative History the Office of Information and Regulatory standards issued under the authority of Affairs in the Office of Management and The ACLC contends that SMCRA’s the Clean Water Act (33 U.S.C. 1251 et Budget (OMB) will review all significant text and legislative history requires seq.) or the Clean Air Act (42 U.S.C. rules. Pursuant to OMB guidance, dated determination of the ‘‘the surface- 7401 et seq.). This proposed amendment October 12, 1993, the approval of State subsurface legal relationship’’ in does not pertain to air or water quality program amendments is exempted from accordance with state law. From this, standards. Therefore, we did not ask OMB review under Executive Order the commenter suggests that 30 CFR EPA to concur on the amendment. 12866. Executive Order 13563, which 778.15(b)(3) requires documentation However, on April 21, 2017, under 30 reaffirms and supplements Executive that under applicable State law, the CFR 732.17(h)(11)(i), we requested Order 12866, retains this exemption. applicant has the legal authority to comments from the EPA on the extract the coal by those methods. The proposed amendment (Administrative Executive Order 12988—Civil Justice ACLC states that Kentucky has no State Record No. KY–2002). The EPA did not Reform statute or regulation that requires respond to our request. The Department of the Interior has KYDNR to demand a demonstration that reviewed this rule as required by section State Historical Preservation Officer ‘‘the surface-subsurface legal relations’’ 3(a) of Executive Order 12988. The (SHPO) and the Advisory Council on for the proposed permit area, Department has determined that this Historic Preservation (ACHP) determined in accordance with Federal Register document meets the Kentucky law, implicitly authorizes the Under 30 CFR 732.17(h)(4), we are criteria of section 3 of Executive Order mineral owner’s right to surface mine required to request comments from the 12988, which is intended to ensure that the permit area. SHPO and ACHP on any proposed the agency review its legislation and OSMRE Response: The language of amendment that may have an effect on regulations to minimize litigation; and the proposed amendment is historic properties. On April 21, 2017, that the agency’s legislation and substantively identical to the we requested comments on Kentucky’s regulations provide a clear legal comparable Federal rule found in 30 proposed amendment (Administrative standard for affected conduct, rather CFR 778.15, and it is unambiguous. Record No. KY–2002). We did not than a general standard, and promote Consulting the legislative history of the receive any comments. simplification and burden reduction. regulation is therefore unnecessary. M.L. V. OSMRE’s Decision Because section 3 focuses on the quality Johnson Family Properties, 924 F.3d at of Federal legislation and regulations, 852–853 (‘‘The text of subsection (C), Based on the above findings, we the Department limited its review under then, is quite clear: When a conveyance approve Kentucky’s January 29, 2015 this Executive order to the quality of does not expressly grant the right to proposed amendments. To implement this Federal Register document and to surface mine, the regulatory authority this decision, we are amending the changes to the Federal regulations. The may rely on any state law to determine Federal regulations, at 30 CFR part 917, review under this Executive order did whether the documents describing the that codify decisions concerning the not extend to the language of the State surface-subsurface legal relationship of Kentucky program. In accordance with regulatory program or to the program the severed estate grant such a right. the Administrative Procedure Act (5 amendment that Kentucky drafted. Because subsection (C) is plain and U.S.C. 553), this rule will take effect 30 unambiguous, our analysis ends where days after the date of publication. Executive Order 13132—Federalism it began: With the statutory text. We Section 503(a) of SMCRA (30 U.S.C. This rule has potential federalism need not consider Johnson’s lengthy 1253(a)) requires that the State’s implications as defined under Section citations to conflicting legislative program must demonstrate that the State 1(a) of Executive Order 13132.

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Executive Order 13132 directs agencies economically significant regulatory Small Business Regulatory Enforcement to ‘‘grant the States the maximum action as defined by Executive Order Fairness Act administrative discretion possible’’ with 12866, and this action does not address respect to Federal statutes and environmental health or safety risks This rule is not a major rule under 5 regulations administered by the States. disproportionately affecting children. U.S.C. 804(2), the Small Business Kentucky, through its approved Regulatory Enforcement Fairness Act. regulatory program, implements and National Environmental Policy Act This rule: (a) Does not have an annual effect on the economy of $100 million; administers SMCRA and its Consistent with sections 501(a) and implementing regulations at the state (b) will not cause a major increase in 702(d) of SMCRA (30 U.S.C. 1251(a) and level. This rule approves an amendment costs or prices for consumers, 1292(d), respectively) and the U.S. to the Kentucky program submitted and individual industries, Federal, State, or Department of the Interior Departmental drafted by the State, and thus is local government agencies, or consistent with the direction to provide Manual, Part 516, section 13.5(A), State geographic regions; and (c) does not maximum administrative discretion to program amendments are not major have significant adverse effects on States. Federal actions within the meaning of competition, employment, investment, section 102(2)(C) of the National productivity, innovation, or the ability Executive Order 13175—Consultation Environmental Policy Act (42 U.S.C. of U.S.-based enterprises to compete and Coordination With Indian Tribal 4332(2)(C)). with foreign-based enterprises. This Governments National Technology Transfer and determination is based on an analysis of The Department of the Interior strives Advancement Act the corresponding Federal regulations, to strengthen its government-to- which were determined not to government relationship with Tribes Section 12(d) of the National constitute a major rule. through a commitment to consultation Technology Transfer and Advancement Unfunded Mandates Reform Act with Tribes and recognition of their Act (15 U.S.C. 3701 et seq.) directs right to self-governance and tribal OSMRE to use voluntary consensus This rule does not impose an sovereignty. We have evaluated this rule standards in its regulatory activities unfunded mandate on State, local, or under the Department’s consultation unless to do so would be inconsistent Tribal governments, or the private sector policy and under the criteria in with applicable law or otherwise of more than $100 million per year. The Executive Order 13175 and have impractical. (OMB Circular A–119 at p. rule does not have a significant or determined that it has no substantial 14). This action is not subject to the unique effect on State, local, or Tribal direct effects on federally recognized requirements of section 12(d) of the governments or the private sector. This Tribes or on the distribution of power NTTAA because application of those determination is based on an analysis of and responsibilities between the Federal requirements would be inconsistent the corresponding Federal regulations, Government and Tribes. Therefore, with SMCRA. which were determined not to impose consultation under the Department’s an unfunded mandate. Therefore, a tribal consultation policy is not Paperwork Reduction Act statement containing the information required. The basis for this required by the Unfunded Mandates determination is that our decision is on This rule does not include requests Reform Act (2 U.S.C. 1531 et seq.) is not the Kentucky program, which does not and requirements of an individual, include Tribal lands or regulation of partnership, or corporation to obtain required. activities on Tribal lands. Tribal lands information and report it to a Federal List of Subjects in 30 CFR Part 917 are regulated independently under the agency. As this rule does not contain applicable, approved Federal program. information collection requirements, a Intergovernmental relations, Surface submission to the Office of Management mining, Underground mining. Executive Order 13211—Actions and Budget under the Paperwork Concerning Regulations That Thomas D. Shope, Reduction Act (44 U.S.C. 3501 et seq.) Significantly Affect Energy Supply, is not required. Regional Director, North Atlantic— Distribution, or Use Appalachian Region. Executive Order 13211 requires Regulatory Flexibility Act For the reasons set out in the agencies to prepare a Statement of This rule will not have a significant preamble, 30 CFR part 917 is amended Energy Effects for a rulemaking that is economic impact on a substantial as set forth below: (1) considered significant under number of small entities under the Executive Order 12866, and (2) likely to PART 917—KENTUCKY have a significant adverse effect on the Regulatory Flexibility Act (5 U.S.C. 601 supply, distribution, or use of energy. et seq.). The State submittal, which is ■ 1. The authority citation for part 917 Because this rule is exempt from review the subject of this rule, is based upon under Executive Order 12866 and is not corresponding Federal regulations for continues to read as follows: a significant energy action under the which an economic analysis was Authority: 30 U.S.C. 1201 et seq. definition in Executive Order 13211, a prepared, and certification made that ■ Statement of Energy Effects is not such regulations would not have a 2. Section 917.15 is amended in required. significant economic effect upon a paragraph (a) by adding an entry for substantial number of small entities. In ‘‘January 29, 2015’’ at the end of the Executive Order 13045—Protection of making the determination as to whether table to read as follows: Children From Environmental Health this rule would have a significant Risks and Safety Risks economic impact, the Department relied § 917.15 Approval of Kentucky regulatory program amendments. This rule is not subject to Executive upon the data and assumptions for the Order 13045 because this is not an corresponding Federal regulations. (a) * * *

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Original amendment submission date Date of final publication Citation/description

******* January 29, 2015 ...... April 26, 2021 ...... Section 4(2) of 405 KAR 8:030, Section 4(2) of 405 KAR 8:040, related to Right of Entry.

* * * * * preparation and clean-up operations. you need assistance in a language other [FR Doc. 2021–08332 Filed 4–23–21; 8:45 am] We are approving a local rule that than English or if you are a person with BILLING CODE 4310–05–P regulates these emission sources under disabilities who needs a reasonable the Clean Air Act (CAA or the Act). accommodation at no cost to you, please DATES: This rule will be effective on contact the person identified in the FOR ENVIRONMENTAL PROTECTION May 26, 2021. FURTHER INFORMATION CONTACT section. AGENCY ADDRESSES: The EPA has established a FOR FURTHER INFORMATION CONTACT: docket for this action under Docket ID 40 CFR Part 52 Christine Vineyard, EPA Region IX, 75 No. EPA–R09–OAR–2020–0523. All Hawthorne St., San Francisco, CA [EPA–R09–OAR–2020–0523; FRL–10022– documents in the docket are listed on 94105. By phone: (415) 947–4125 or by 35–Region 9] the https://www.regulations.gov email at [email protected]. website. Although listed in the index, SUPPLEMENTARY INFORMATION: Air Plan Approval; California; Feather some information is not publicly River Air Quality Management District Throughout this document, ‘‘we,’’ ‘‘us’’ available, e.g., Confidential Business and ‘‘our’’ refer to the EPA. AGENCY: Environmental Protection Information (CBI) or other information Agency (EPA). whose disclosure is restricted by statute. Table of Contents ACTION: Final rule. Certain other material, such as I. Proposed Action copyrighted material, is not placed on II. Public Comments and EPA Responses SUMMARY: The Environmental Protection the internet and will be publicly III. EPA Action Agency (EPA) is taking final action to available only in hard copy form. IV. Incorporation by Reference approve a revision to the Feather River Publicly available docket materials are V. Statutory and Executive Order Reviews Air Quality Management District available through https:// I. Proposed Action (FRAQMD) portion of the California www.regulations.gov, or please contact State Implementation Plan (SIP). This the person identified in the FOR FURTHER On January 19, 2021 (86 FR 5086), the revision concerns emissions of volatile INFORMATION CONTACT section for EPA proposed to approve the following organic compounds (VOCs) from surface additional availability information. If rule into the California SIP.

Local agency Rule # Rule title Amended Submitted

FRAQMD ...... 3.14 Surface Preparation and Clean-up ...... 08/01/16 ...... 01/24/17

We proposed to approve this rule IV. Incorporation by Reference approves state law as meeting Federal because we determined that it complies In this rule, the EPA is finalizing requirements and does not impose with the relevant CAA requirements. regulatory text that includes additional requirements beyond those Our proposed action contains more incorporation by reference. In imposed by state law. For that reason, information on the rule and our accordance with requirements of 1 CFR this action: evaluation. 51.5, the EPA is finalizing the • Is not a significant regulatory action incorporation by reference of the subject to review by the Office of II. Public Comments and EPA FRAQMD rules described in the Management and Budget under Responses amendments to 40 CFR part 52 set forth Executive Orders 12866 (58 FR 51735, The EPA’s proposed action provided below. The EPA has made, and will October 4, 1993) and 13563 (76 FR 3821, a 30-day public comment period. During continue to make, these documents January 21, 2011); this period, we received two (2) available through www.regulations.gov • Does not impose an information anonymous comments in support of the and at the EPA Region IX Office (please collection burden under the provisions FOR rule. contact the person identified in the of the Paperwork Reduction Act (44 FURTHER INFORMATION CONTACT section of U.S.C. 3501 et seq.); III. EPA Action this preamble for more information). • Is certified as not having a No comments were submitted that V. Statutory and Executive Order significant economic impact on a change our assessment of the rule as Reviews substantial number of small entities described in our proposed action. Under the Act, the Administrator is under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Therefore, as authorized in section required to approve a SIP submission • 110(k)(3) of the Act, the EPA is fully that complies with the provisions of the Does not contain any unfunded approving this rule into the California Act and applicable Federal regulations. mandate or significantly or uniquely SIP. The August 1, 2014 version of Rule 42 U.S.C. 7410(k); 40 CFR 52.02(a). affect small governments, as described 3.14 replaces the previously approved Thus, in reviewing SIP submissions, the in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); version of this rule in the SIP. EPA’s role is to approve state choices, provided that they meet the criteria of • Does not have federalism the Act. Accordingly, this action merely implications as specified in Executive

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Order 13132 (64 FR 43255, August 10, enforce its requirements. (See section SUMMARY: The Environmental Protection 1999); 307(b)(2).) Agency (EPA) is approving a State • Is not an economically significant Implementation Plan (SIP) revision List of Subjects in 40 CFR Part 52 regulatory action based on health or submitted by the State of New safety risks subject to Executive Order Environmental protection, Air Hampshire on March 11, 2019. This 13045 (62 FR 19885, April 23, 1997); pollution control, Incorporation by revision establishes sulfur content • Is not a significant regulatory action reference, Intergovernmental relations, limitations for fuels. In addition, the subject to Executive Order 13211 (66 FR Ozone, Reporting and recordkeeping State requested withdrawal from the SIP 28355, May 22, 2001); requirements, Volatile organic of the existing sulfur limitations • Is not subject to requirements of compounds. regulation, which will be superseded by Section 12(d) of the National Dated: April 19, 2021. the State’s revised sulfur limitations Technology Transfer and Advancement Deborah Jordan, regulation. The intended effect of this Act of 1995 (15 U.S.C. 272 note) because Acting Regional Administrator, Region IX. action is to approve the State’s March application of those requirements would 11, 2019 submittal into the New Part 52, chapter I, title 40 of the Code be inconsistent with the Clean Air Act; Hampshire SIP and remove from the SIP of Federal Regulations is amended as and the superseded sulfur in fuels • follows: Does not provide the EPA with the limitations. This action is being taken discretionary authority to address, as under the Clean Air Act. appropriate, disproportionate human PART 52—APPROVAL AND health or environmental effects, using PROMULGATION OF DATES: This rule is effective on May 26, practicable and legally permissible IMPLEMENTATION PLANS 2021. methods, under Executive Order 12898 ■ 1. The authority citation for part 52 ADDRESSES: EPA has established a (59 FR 7629, February 16, 1994). continues to read as follows: docket for this action under Docket In addition, the SIP is not approved Identification No. EPA–R01–OAR– to apply on any Indian reservation land Authority: 42 U.S.C. 7401 et seq. 2020–0209. All documents in the docket or in any other area where the EPA or are listed on the https:// an Indian tribe has demonstrated that a Subpart F—California www.regulations.gov website. Although tribe has jurisdiction. In those areas of ■ 2. Section 52.220 is amended by listed in the index, some information is Indian country, the rule does not have adding paragraphs (c)(442)(i)(E)(6) and not publicly available, i.e., confidential tribal implications and will not impose (c)(497)(i)(E)(2) to read as follows: business information (CBI) or other substantial direct costs on tribal information whose disclosure is governments or preempt tribal law as § 52.220 Identification of plan-in part. restricted by statute. Certain other specified by Executive Order 13175 (65 * * * * * material, such as copyrighted material, FR 67249, November 9, 2000). (c) * * * The Congressional Review Act, 5 is not placed on the internet and will be (442) * * * publicly available only in hard copy U.S.C. 801 et seq., as added by the Small (i) * * * Business Regulatory Enforcement (E) * * * form. Publicly available docket Fairness Act of 1996, generally provides (6) Previously approved on August 1, materials are available at https:// that before a rule may take effect, the 2014 in paragraph (c)(442)(i)(E)(1) of www.regulations.gov or at the U.S. agency promulgating the rule must this section and now deleted with Environmental Protection Agency, EPA submit a rule report, which includes a replacement in paragraph Region 1 Regional Office, Air and copy of the rule, to each House of the (c)(497)(i)(E)(2) of this section, Rule Radiation Division, 5 Post Office Congress and to the Comptroller General 3.14, ‘‘Surface Preparation and Clean- Square—Suite 100, Boston, MA. EPA of the United States. The EPA will Up,’’ amended on August 1, 2011. requests that if at all possible, you contact the contact listed in the FOR submit a report containing this action * * * * * and other required information to the (497) * * * FURTHER INFORMATION CONTACT section to U.S. Senate, the U.S. House of (i) * * * schedule your inspection. The Regional Representatives, and the Comptroller (E) * * * Office’s official hours of business are General of the United States prior to (2) Rule 3.14, ‘‘Surface Preparation Monday through Friday, 8:30 a.m. to publication of the rule in the Federal and Clean-up,’’ amended on August 1, 4:30 p.m., excluding legal holidays and Register. A major rule cannot take effect 2016. facility closures due to COVID–19. until 60 days after it is published in the * * * * * FOR FURTHER INFORMATION CONTACT: Federal Register. This action is not a [FR Doc. 2021–08557 Filed 4–23–21; 8:45 am] Anne McWilliams, Air Quality Branch, ‘‘major rule’’ as defined by 5 U.S.C. BILLING CODE 6560–50–P U.S. Environmental Protection Agency, 804(2). EPA Region 1, 5 Post Office Square— Under section 307(b)(1) of the Clean Suite 100, (Mail code 05–2), Boston, MA Air Act, petitions for judicial review of ENVIRONMENTAL PROTECTION 02109–3912, tel. (617) 918–1697, email this action must be filed in the United AGENCY [email protected]. States Court of Appeals for the SUPPLEMENTARY INFORMATION: appropriate circuit by June 25, 2021. 40 CFR Part 52 Throughout this document whenever Filing a petition for reconsideration by [EPA–R01–OAR–2020–0209; FRL–10022– ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the Administrator of this final rule does 62–Region–1] EPA. not affect the finality of this action for the purposes of judicial review nor does Air Plan Approval; New Hampshire; Table of Contents Sulfur Content Limitations for Fuels it extend the time within which a I. Background and Purpose petition for judicial review may be filed, AGENCY: Environmental Protection II. Response to Comments and shall not postpone the effectiveness Agency (EPA). III. Final Action of such rule or action. This action may ACTION: Final rule. IV. Incorporation by Reference not be challenged later in proceedings to V. Statutory and Executive Order Reviews

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I. Background and Purpose rulemaking included a demonstration of the Paperwork Reduction Act (44 that removal from the SIP of Env-A 400 U.S.C. 3501 et seq.); New Hampshire’s Env-A 400 Sulfur • Content Limits of Fuels (Env-A 400) was meets the anti-backsliding requirements Is certified as not having a approved by EPA as a revision to the of CAA section 110(l). significant economic impact on a New Hampshire SIP on August 14, 1992 IV. Incorporation by Reference substantial number of small entities (57 FR 36603). Env-A 400 was under the Regulatory Flexibility Act (5 In this rule, the EPA is finalizing U.S.C. 601 et seq.); subsequently renumbered by the State regulatory text that includes • as Env-A 1600 Fuel Specifications (Env- Does not contain any unfunded incorporation by reference. In mandate or significantly or uniquely A 1600). Env-A 1600 was submitted to accordance with requirements of 1 CFR EPA as a revision to the SIP in 2003 affect small governments, as described 51.5, the EPA is finalizing the in the Unfunded Mandates Reform Act with a subsequent amendment incorporation by reference of the New submitted in 2015. However, New of 1995 (Pub. L. 104–4); Hampshire Env-A 1600 ‘‘Fuel • Does not have federalism Hampshire withdrew both submittals Specifications’’ described in the prior to EPA action. Effective July 1, implications as specified in Executive amendments to 40 CFR part 52 set forth Order 13132 (64 FR 43255, August 10, 2018, New Hampshire’s Revised below. The EPA has made, and will Statutes Annotated (RSA) 125–C:10–d 1999); continue to make, these documents • Is not an economically significant was amended to reduce the sulfur limits generally available through https:// in liquid fuels imported into or regulatory action based on health or www.regulations.gov and at the EPA safety risks subject to Executive Order distributed within the State. The State’s Region 1 Office (please contact the March 11, 2019 SIP submittal of revised 13045 (62 FR 19885, April 23, 1997); person identified in the FOR FURTHER • Env-A 1600 Fuel Specifications Is not a significant regulatory action INFORMATION CONTACT section of this subject to Executive Order 13211 (66 FR implements the State statute, (RSA) preamble for more information). 125–C:10–d as amended. 28355, May 22, 2001); Therefore, these materials have been • Is not subject to requirements of Env-A 1600 is intended to prevent, approved by EPA for inclusion in the abate, and control the use of fuels Section 12(d) of the National State implementation plan, have been Technology Transfer and Advancement containing specific pollutant elements incorporated by reference by EPA into and compounds. In conjunction with Act of 1995 (15 U.S.C. 272 note) because that plan, are fully federally enforceable application of those requirements would the submittal of Env-A 1600, on May 22, under sections 110 and 113 of the CAA 2019, the New Hampshire Department be inconsistent with the Clean Air Act; as of the effective date of the final and of Environmental Services (NH DES) rulemaking of EPA’s approval, and will • Does not provide EPA with the requested removal of Env-A 400, which be incorporated by reference in the next discretionary authority to address, as currently exists in the New Hampshire update to the SIP compilation.1 appropriate, disproportionate human SIP but has been superseded as a matter Also in this rule, in accordance with health or environmental effects, using of State law by Env-A 1600. Env-A 400 the requirements of 1 CFR part 51, EPA practicable and legally permissible is now a State regulation unrelated to is finalizing the removal of provisions of methods, under Executive Order 12898 sulfur limitations in fuels. Other the Env-A 400 ‘‘Sulfur Content Limits in (59 FR 7629, February 16, 1994). specific requirements of New Fuels’’ from the New Hampshire State Hampshire’s sulfur in fuels Implementation Plan, as described in In addition, the SIP is not approved requirements and the rationale for EPA’s the amendments to 40 CFR part 52 set to apply on any Indian reservation land proposed action are explained in the forth below. or in any other area where EPA or an notice of proposed rulemaking (NPRM) Indian tribe has demonstrated that a (86 FR 8566, February 8, 2021) and will V. Statutory and Executive Order tribe has jurisdiction. In those areas of not be restated here. Reviews Indian country, the rule does not have Under the Clean Air Act, the tribal implications and will not impose II. Response to Comments Administrator is required to approve a substantial direct costs on tribal During the comment period, two SIP submission that complies with the governments or preempt tribal law as commenters expressed support for provisions of the Act and applicable specified by Executive Order 13175 (65 EPA’s proposed rulemaking. One Federal regulations. 42 U.S.C. 7410(k); FR 67249, November 9, 2000). additional commenter provided 40 CFR 52.02(a). Thus, in reviewing SIP The Congressional Review Act, 5 comments that were unclear as to how submissions, EPA’s role is to approve U.S.C. 801 et seq., as added by the Small the comments related to EPA’s proposed state choices, provided that they meet Business Regulatory Enforcement approval and did not include any the criteria of the Clean Air Act. Fairness Act of 1996, generally provides discussion of how the proposed Accordingly, this action merely that before a rule may take effect, the rulemaking should change in any way. approves state law as meeting Federal agency promulgating the rule must In closing, this commenter expressed requirements and does not impose submit a rule report, which includes a overall support for the proposed additional requirements beyond those copy of the rule, to each House of the rulemaking. imposed by state law. For that reason, Congress and to the Comptroller General of the United States. EPA will submit a III. Final Action this action: • Is not a significant regulatory action report containing this action and other EPA is approving Env-A 1600, Fuel subject to review by the Office of required information to the U.S. Senate, Specifications, which was submitted to Management and Budget under the U.S. House of Representatives, and EPA by New Hampshire on March 11, Executive Orders 12866 (58 FR 51735, the Comptroller General of the United 2019 as a revision to the New October 4, 1993) and 13563 (76 FR 3821, States prior to publication of the rule in Hampshire SIP. In addition, EPA is January 21, 2011); the Federal Register. A major rule removing previously SIP approved Env- • Does not impose an information cannot take effect until 60 days after it A 400, Sulfur Content of Fuels, which collection burden under the provisions is published in the Federal Register. has been superseded by Env-A 1600 as This action is not a ‘‘major rule’’ as a matter of State law. Our proposed 1 62 FR 27968 (May 22, 1997). defined by 5 U.S.C. 804(2).

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Under section 307(b)(1) of the Clean List of Subjects in 40 CFR Part 52 PART 52—APPROVAL AND Air Act, petitions for judicial review of PROMULGATION OF Environmental protection, Air this action must be filed in the United IMPLEMENTATION PLANS pollution control, Carbon monoxide, States Court of Appeals for the Incorporation by reference, appropriate circuit by June 25, 2021. ■ 1. The authority citation for part 52 Intergovernmental relations, Lead, continues to read as follows: Filing a petition for reconsideration by Nitrogen dioxide, Ozone, Particulate the Administrator of this final rule does matter, Reporting and recordkeeping Authority: 42 U.S.C. 7401 et seq. not affect the finality of this action for requirements, Sulfur oxides, Volatile Subpart EE—New Hampshire the purposes of judicial review nor does organic compounds. it extend the time within which a Dated: April 19, 2021. ■ 2. In § 52.1520(c), amend the table by petition for judicial review may be filed, Deborah Szaro, removing the entry ‘‘Env-A 400’’ and and shall not postpone the effectiveness adding the entry ‘‘Env-A 1600’’ in of such rule or action. This action may Acting Regional Administrator, EPA Region 1. numerical order to read as follows: not be challenged later in proceedings to enforce its requirements. (See section Part 52 of chapter I, title 40 of the § 52.1520 Identification of plan. 307(b)(2).) Code of Federal Regulations is amended * * * * * as follows: (c) * * *

EPA-APPROVED NEW HAMPSHIRE REGULATIONS

State State citation Title/subject effective date EPA approval date Explanations

******* Env-A 1600 ..... Fuel Specifica- 12/21/2018 April 26, 2021 [Insert Federal Env–1600 replaces the previously approved Env–400 Sulfur tions. Register citation]. Content Limits in Fuels.

*******

* * * * * provided in 40 CFR part 178 (see also 305–7090; email address: [FR Doc. 2021–08376 Filed 4–23–21; 8:45 am] Unit I.C. of the SUPPLEMENTARY [email protected]. BILLING CODE 6560–50–P INFORMATION). SUPPLEMENTARY INFORMATION: ADDRESSES: The docket for this action, I. General Information ENVIRONMENTAL PROTECTION identified by docket identification (ID) AGENCY number EPA–HQ–OPP–2020–0478, is A. Does this action apply to me? available at http://www.regulations.gov 40 CFR Part 180 or at the Office of Pesticide Programs You may be potentially affected by Regulatory Public Docket (OPP Docket) this action if you are an agricultural [EPA–HQ–OPP–2020–0478; FRL–10020–49] in the Environmental Protection Agency producer, food manufacturer, or Flupyradifurone; Pesticide Tolerances Docket Center (EPA/DC), West William pesticide manufacturer. The following for Emergency Exemptions Jefferson Clinton Bldg., Rm. 3334, 1301 list of North American Industrial Constitution Ave. NW, Washington, DC Classification System (NAICS) codes is AGENCY: Environmental Protection 20460–0001. The Public Reading Room not intended to be exhaustive, but rather Agency (EPA). is open from 8:30 a.m. to 4:30 p.m., provides a guide to help readers ACTION: Final rule. Monday through Friday, excluding legal determine whether this document holidays. The telephone number for the applies to them. Potentially affected SUMMARY: This regulation establishes Public Reading Room is (202) 566–1744, entities may include: time-limited tolerances for residues of and the telephone number for the OPP • the insecticide flupyradifurone Docket is (703) 305–5805. Crop production (NAICS code 111). including its degradates and metabolites Due to the public health concerns • Animal production (NAICS code in or on sugarcane, cane and sugarcane, related to COVID–19, the EPA Docket 112). molasses. This action is associated with Center (EPA/DC) and Reading Room is • Food manufacturing (NAICS code the utilization of a crisis exemption closed to visitors with limited 311). under the Federal Insecticide, exceptions. The staff continues to • Fungicide, and Rodenticide Act (FIFRA) provide remote customer service via Pesticide manufacturing (NAICS authorizing use of the pesticide on email, phone, and webform. For the code 32532). sugarcane. This regulation establishes a latest status information on EPA/DC B. How can I get electronic access to maximum permissible level for residues services and docket access, visit https:// other related information? of flupyradifurone in or on these www.epa.gov/dockets. commodities. The time-limited FOR FURTHER INFORMATION CONTACT: You may access a frequently updated tolerances expire on December 31, 2023. Marietta Echeverria, Acting Director, electronic version of 40 CFR part 180 DATES: This regulation is effective April Registration Division (7505P), Office of through the Government Publishing 26, 2021. Objections and requests for Pesticide Programs, Environmental Office’s e-CFR site at http:// hearings must be received on or before Protection Agency, 1200 Pennsylvania www.ecfr.gov/cgi-bin/text-idx?&c= June 25, 2021 and must be filed in Avenue NW, Washington, DC 20460– ecfr&tpl=/ecfrbrowse/Title40/40tab_ accordance with the instructions 0001; main telephone number: (703) 02.tpl.

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C. How can I file an objection or hearing Section 408(l)(6) of FFDCA requires Louisiana sugarcane. According to request? EPA to establish a time-limited LDAF, the sugar industry is vital to Under section 408(g) of the Federal tolerance or exemption from the Louisiana’s economy and sugarcane Food, Drug, and Cosmetic Act (FFDCA), requirement for a tolerance for pesticide aphids which were once sporadic in the 21 U.S.C. 346a, any person may file an chemical residues in food that will state are now widespread as outbreaks objection to any aspect of this regulation result from the use of a pesticide under have become more frequent in recent and may also request a hearing on those an emergency exemption granted by years. After having reviewed the crisis objections. You must file your objection EPA under FIFRA section 18. Such exemption, EPA concurred on the 15- or request a hearing on this regulation tolerances can be established without day stand-alone emergency action, in accordance with the instructions providing notice or period for public which expired on August 5, 2020. provided in 40 CFR part 178. To ensure comment. EPA does not intend for its As part of its evaluation of the crisis proper receipt by EPA, you must actions on FIFRA section 18 related exemption, EPA assessed the potential identify docket ID number EPA–HQ– time-limited tolerances to set binding risks presented by residues of OPP–2020–0478 in the subject line on precedents for the application of FFDCA flupyradifurone in or on sugarcane, cane the first page of your submission. All section 408 and the safety standard to at 3 ppm and sugarcane, molasses at 90 objections and requests for a hearing other tolerances and exemptions. ppm. In doing so, EPA considered the must be in writing and must be received Section 408(e) of FFDCA allows EPA to safety standard in FFDCA section by the Hearing Clerk on or before June establish a tolerance or an exemption 408(b)(2), and EPA decided that the 25, 2021. Addresses for mail and hand from the requirement of a tolerance on necessary tolerance under FFDCA delivery of objections and hearing its own initiative, i.e., without having section 408(l)(6) would be consistent requests are provided in 40 CFR received any petition from an outside with the safety standard and with 178.25(b). party. FIFRA section 18. Consistent with the In addition to filing an objection or Section 408(b)(2)(A)(i) of FFDCA need to move quickly on the emergency hearing request with the Hearing Clerk allows EPA to establish a tolerance (the exemption in order to address an urgent as described in 40 CFR part 178, please legal limit for a pesticide chemical non-routine situation and to ensure that submit a copy of the filing (excluding residue in or on a food) only if EPA the resulting food is safe and lawful, any Confidential Business Information determines that the tolerance is ‘‘safe.’’ EPA is issuing this tolerance without (CBI)) for inclusion in the public docket. Section 408(b)(2)(A)(ii) of FFDCA notice and opportunity for public Information not marked confidential defines ‘‘safe’’ to mean that ‘‘there is a comment as provided in FFDCA section pursuant to 40 CFR part 2 may be reasonable certainty that no harm will 408(l)(6). Although these time-limited disclosed publicly by EPA without prior result from aggregate exposure to the tolerances expire on December 31, 2023, notice. Submit the non-CBI copy of your pesticide chemical residue, including under FFDCA section 408(l)(5), residues objection or hearing request, identified all anticipated dietary exposures and all of the pesticide not in excess of the by docket ID number EPA–HQ–OPP– other exposures for which there is amounts specified in the tolerance 2020–0478, by one of the following reliable information.’’ This includes remaining in or on sugarcane after that methods: exposure through drinking water and in date will not be unlawful, provided the • Federal eRulemaking Portal: http:// residential settings but does not include pesticide was applied in a manner that www.regulations.gov. Follow the online occupational exposure. Section was lawful under FIFRA, and the instructions for submitting comments. 408(b)(2)(C) of FFDCA requires EPA to residues do not exceed a level that was Do not submit electronically any give special consideration to exposure authorized by these time-limited information you consider to be CBI or of infants and children to the pesticide tolerances at the time of that other information whose disclosure is chemical residue in establishing a application. EPA will take action to restricted by statute. tolerance and to ‘‘ensure that there is a revoke these time-limited tolerances • Mail: OPP Docket, Environmental reasonable certainty that no harm will earlier if any experience with, scientific Protection Agency Docket Center (EPA/ result to infants and children from data on, or other relevant information DC), (28221T), 1200 Pennsylvania Ave. aggregate exposure to the pesticide on this pesticide indicate that the NW, Washington, DC 20460–0001. chemical residue. . . .’’ residues are not safe. • Hand Delivery: To make special Section 18 of FIFRA authorizes EPA Because these time-limited tolerances arrangements for hand delivery or to exempt any Federal or State agency are being approved under emergency delivery of boxed information, please from any provision of FIFRA, if EPA conditions, EPA has not made any follow the instructions at http:// determines that ‘‘emergency conditions decisions about whether www.epa.gov/dockets/contacts.html. exist which require such exemption.’’ flupyradifurone meets FIFRA’s Additional instructions on EPA has established regulations registration requirements for use on commenting or visiting the docket, governing such emergency exemptions sugarcane or whether permanent along with more information about in 40 CFR part 166. tolerances for this use would be appropriate. Under these circumstances, dockets generally, is available at http:// III. Emergency Exemption for www.epa.gov/dockets. EPA does not believe that this time- Flupyradifurone on Sugarcane, Cane limited tolerance decision serves as a II. Background and Statutory Findings and Sugarcane, Molasses and FFDCA basis for registration of flupyradifurone EPA, on its own initiative, in Tolerances by a State for special local needs under accordance with FFDCA sections 408(e) The Louisiana Department of FIFRA section 24(c). Nor does this and 408(l)(6) of, 21 U.S.C. 346a(e) and Agriculture and Forestry (LDAF) asserts tolerance by itself serve as the authority 346a(1)(6), is establishing time-limited that an emergency condition exists in for persons in any State other than tolerances for residues of accordance with the criteria for Louisiana to use this pesticide on the flupyradifurone in or on sugarcane, cane approval of an emergency exemption applicable crops under FIFRA section at 3 parts per million (ppm) and and has utilized a crisis exemption 18 absent the issuance of an emergency sugarcane, molasses at 90 ppm. These under FIFRA section 18 to allow the use exemption applicable within that State. time-limited tolerances expire on of flupyradifurone for control of For additional information regarding the December 31, 2023. sugarcane aphid infestations in emergency exemption for

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flupyradifurone, contact the Agency’s dated June 30, 2020 and entitled: conservative drinking water estimates, Registration Division at the address ‘‘Flupyradifurone: Human Health Risk and assumed that 100% of the proposed provided under FOR FURTHER Assessment for Uses on Grass Forage crops were treated. The results of the INFORMATION CONTACT. Fodder and Hay Group 17, Pineapple, acute and chronic analyses do not Rapeseed Subgroup 20A, Sesame Seed, exceed the Agency’s level of concern IV. Aggregate Risk Assessment and Stalk and Stem Vegetable Subgroup 22A Determination of Safety (LOC). That is, <100% of the acute (except Prickly Pear Pads and Prickly population adjusted dose (aPAD) or Section 408(b)(2)(A)(i) of the FFDCA Pear Texas Pads), Sunflower Subgroup <100% of the chronic population allows EPA to establish a tolerance (the 20B, Sweet Sorghum, Tropical and adjusted dose (cPAD) are not of concern legal limit for a pesticide chemical Subtropical Palm Fruit Edible Peel for the general U.S. population and all residue in or on a food) only if EPA Subgroup 23C, Crop Group Expansions/ population subgroups. At the 95th determines that the tolerance is ‘‘safe.’’ Conversions of Tolerances to Brassica percentile of exposure, the acute dietary Section 408(b)(2)(A)(ii) of the FFDCA Leafy Greens Subgroup 4–16B, Leafy (food and drinking water) risk estimates defines ‘‘safe’’ to mean that ‘‘there is a Greens Subgroup 4–16A, Leaf Petiole utilized 24% of the aPAD for the general reasonable certainty that no harm will Vegetable Subgroup 22B, Tropical and U.S. general population and utilized result from aggregate exposure to the Subtropical Inedible Peel Cactus 39% the aPAD for children 1 to 2 years pesticide chemical residue, including Subgroup 24D, Vegetable Brassica Head old, the most highly exposed population all anticipated dietary exposures and all and Stem Group 5–16 and Establish subgroup. The chronic dietary (food and other exposures for which there is Individual Tolerances on Lettuce, drinking water) risk estimates utilized reliable information.’’ This includes Fennel Florence, Kohlrabi; and Coffee,’’ 29% of the cPAD for the U.S. exposure through drinking water and in as that assessment included dietary and population and utilized 68% of the residential settings but does not include aggregate exposures to flupyradifurone cPAD for children 1 to 2 years old, the occupational exposure. Section in or on multiple agricultural and non- group with the highest exposed 408(b)(2)(C) of the FFDCA requires EPA agricultural commodities that are population subgroup. to give special consideration to complete except for exposures due to The aggregate exposure assessment for exposure of infants and children to the the emergency use addressed in this flupyradifurone is based on food and pesticide chemical residue in document. drinking water as well as residential establishing a tolerance and to ‘‘ensure For aggregate risk assessment, risk uses. Neither intermediate- nor long- that there is a reasonable certainty that estimates resulting from food, drinking term (chronic) residential exposures are no harm will result to infants and water, and residential uses are expected, so only a short-term aggregate children from aggregate exposure to the combined. Acute, short-and assessment was conducted. Aggregate pesticide chemical residue. . . .’’ intermediate-term, and long-term short-term residential exposure to adults Consistent with FFDCA section (chronic) aggregate assessments were and children (residential exposures to 408(b)(2)(D) and the factors specified performed for flupyradifurone. Further handlers and post-application exposures therein, EPA has reviewed the available information about EPA’s risk assessment to adults and children) with the chronic scientific data and other relevant and determination of safety supporting (background) dietary exposure yields information in support of this action. the tolerances established in the August margins of exposure MOEs of 300 for EPA has sufficient data to assess the 21, 2020 final rule can be found at adults and 220 for children); neither is hazards of and to make a determination http://www.regulations.gov in the on aggregate exposure expected as a of concern because EPA considers document entitled ‘‘Flupyradifurone: MOEs of less than 100 to be of concern result of this emergency exemption Human Health Risk Assessment for Uses request and the time-limited tolerances for aggregate risk. on Grass Forage Fodder and Hay Group Therefore, based on the risk for residues of flupyradifurone on 17, Pineapple, Rapeseed Subgroup 20A, assessments and information described sugarcane, cane at 3 ppm and sugarcane, Sesame Seed, Stalk and Stem Vegetable above, EPA concludes there is a molasses at 90 ppm. Subgroup 22A (except Prickly Pear Pads reasonable certainty that no harm will On September 23, 2016 (81 FR 65552) and Prickly Pear Texas Pads), Sunflower (FRL–9951–68) and August 21, 2020 (85 result to the U.S. general population, or Subgroup 20B, Sweet Sorghum, to infants and children from aggregate FR 51668–51672) (FRL–10010–98), EPA Tropical and Subtropical Palm Fruit published final rules that established exposure to flupyradifurone residues. Edible Peel Subgroup 23C, Crop Group More detailed information on the tolerances for residues of Expansions/Conversions of Tolerances flupyradifurone in or on multiple subject action to establish time-limited to Brassica Leafy Greens Subgroup 4– tolerances in or on sugarcane, cane and commodities based on the Agency’s 16B, Leafy Greens Subgroup 4–16A, determination that aggregate exposure to sugarcane, molasses can be found at Leaf Petiole Vegetable Subgroup 22B, http://www.regulations.gov in the flupyradifurone resulting from the Tropical and Subtropical Inedible Peel document entitled ‘‘Flupyradifurone: residues subject to those tolerances is Cactus Subgroup 24D, Vegetable Human Health Risk Assessment for safe for the U.S. general population, Brassica Head and Stem Group 5–16 Section 18 Emergency Exemption including infants and children. The and Establish Individual Tolerances on Request for Use on Sugarcane in toxicity profile for flupyradifurone has Lettuce, Fennel Florence, Kohlrabi; and Louisiana.’’ This document can be not changed since the September 23, Coffee,’’ dated June 30, 2020 (docket ID found in docket ID number EPA–HQ– 2016 (81 FR 65552) (FRL–9951–68) rule EPA–HQ–OPP–2019–0460). was published, therefore EPA is relying EPA conducted unrefined and slightly OPP–2020–0478. upon the discussion of that profile (Unit refined chronic dietary analyses for all V. Other Considerations III.A.) and the identified toxicological current uses of flupyradifurone together endpoints (Unit III.A.) and the with the emergency use in or on A. Analytical Enforcement Methodology identified toxicological endpoints (Unit sugarcane, cane and sugarcane, An adequate enforcement III B.), as part of this rulemaking. molasses. The assessments incorporated methodology (Method RV–001–P10–03) EPA’s most recent exposure tolerance-level residues, average is available to enforce the tolerance assessment for flupyradifurone appears residues (chronic), 2018 default or expression. This method uses high- in the comprehensive risk assessment empirical processing factors, performance liquid chromatography

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with tandem mass spectrometry [HPLC/ Risks and Safety Risks’’ (62 FR 19885, VIII. Congressional Review Act MS/MS) to quantitate residues of April 23, 1997), nor is it considered a Pursuant to the Congressional Review flupyradifurone in various crops is regulatory action under Executive Order Act (5 U.S.C. 801 et seq.), EPA will available for enforcement. 13771, entitled ‘‘Reducing Regulations submit a report containing this rule and These methods may be requested and Controlling Regulatory Costs’’) 82 other required information to the U.S. from: Chief, Analytical Chemistry FR 9339, February 3, 2017. This action Senate, the U.S. House of Branch, Environmental Science Center, does not contain any information Representatives, and the Comptroller 701 Mapes Road, Ft. Meade, MD 20755– collections subject to OMB approval General of the United States prior to 5350; telephone number: (410) 305– under the Paperwork Reduction Act, 44 publication of the rule in the Federal 2905; email address: residuemethods@ U.S.C. 3501 et seq., nor does it require Register. This action is not a ‘‘major epa.gov. any special considerations under rule’’ as defined by 5 U.S.C. 804(2). B. International Residue Limits Executive Order 12898, entitled List of Subjects in 40 CFR Part 180 In making its tolerance decisions, EPA ‘‘Federal Actions to Address seeks to harmonize U.S. tolerances with Environmental Justice in Minority Environmental protection, international standards whenever Populations and Low-Income Administrative practice and procedure, possible, consistent with U.S. food Populations’’ (59 FR 7629, February 16, Agricultural commodities, Pesticides safety standards and agricultural 1994). and pests, Reporting and recordkeeping practices. EPA considers the Since tolerances and exemptions that requirements. international maximum residue limits are established in accordance with Dated: April 20, 2021. (MRLs) established by the Codex FFDCA sections 408(e) and 408(l)(6), Marietta Echeverria, Alimentarius Commission (Codex), as such as the tolerances in this final rule, Acting Director, Registration Division, Office required by FFDCA section 408(b)(4). do not require the issuance of a of Pesticide Programs. The Codex Alimentarius is a joint proposed rule, the requirements of the Therefore, for the reasons stated in the United Nations Food and Agriculture Regulatory Flexibility Act (RFA) (5 preamble, EPA is amending 40 CFR Organization/World Health U.S.C. 601 et seq.) do not apply. chapter I as follows: Organization food standards program, This action directly regulates growers, and it is recognized as an international food processors, food handlers, and food PART 180—TOLERANCES AND food safety standards-setting retailers, but does not directly regulate EXEMPTIONS FOR PESTICIDE organization in trade agreements to states or tribes, nor does this action alter CHEMICAL RESIDUES IN FOOD which the United States is a party. EPA the relationships or distribution of may establish a tolerance that is ■ 1. The authority citation for part 180 power and responsibilities established different from a Codex MRL; however, continues to read as follows: by Congress in the preemption FFDCA section 408(b)(4) requires that Authority: 21 U.S.C. 321(q), 346a and 371. EPA explain the reasons for departing provisions of FFDCA section 408(n)(4). from the Codex level. As such, the Agency has determined ■ 2. In § 180.679, amend paragraph (b) There are no Codex and Canadian that this action will not have a by: MRLs established on sugarcane. substantial direct effect on States or ■ a. Revising the introductory text; and Tribal Governments, on the relationship ■ b. Adding in alphabetical order to the VI. Conclusion between the National Government and table the entries ‘‘Sugarcane, cane’’ and Therefore, time-limited tolerances are the States or Tribal Governments, or on ‘‘Sugarcane, molasses’’. established for residues of the distribution of power and The revision and additions read as flupyradifurone in or on sugarcane, cane responsibilities among the various follows: at 3 ppm and sugarcane, molasses at 90 levels of government or between the ppm. These tolerances expire on Federal Government and Indian Tribes. § 180.679 Flupyradifurone; tolerances for residues. December 31, 2023. Thus, the Agency has determined that Executive Order 13132, entitled * * * * * VII. Statutory and Executive Order (b) Section 18 emergency exemptions. Reviews ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, Time-limited tolerances are established This action establishes tolerances entitled ‘‘Consultation and Coordination for residues of the insecticide under FFDCA sections 408(e) and with Indian Tribal Governments’’ (65 FR flupyradifurone, including its 408(l)(6). The Office of Management and 67249, November 9, 2000) do not apply metabolites and degradates in or on the Budget (OMB) has exempted these types to this action. In addition, this action specified agricultural commodities of actions from review under Executive listed in table 2 to this paragraph (b), does not impose any enforceable duty or Order 12866, entitled ‘‘Regulatory resulting from use of the pesticide contain any unfunded mandate as Planning and Review’’ (58 FR 51735, pursuant to a Federal Insecticide, described under Title II of the Unfunded October 4, 1993). Because this action Fungicide, and Rodenticide Act Mandates Reform Act (UMRA) (2 U.S.C. has been exempted from review under (FFIFRA) section 18 emergency 1501 et seq.). Executive Order 12866, this action is exemption. Compliance with the not subject to Executive Order 13211, This action does not involve any tolerance levels specified in table 2 to entitled ‘‘Actions Concerning technical standards that would require this paragraph (b) is to be determined by Regulations That Significantly Affect Agency consideration of voluntary measuring only flupyradifurone, 4-[[(6- Energy Supply, Distribution, or Use’’ (66 consensus standards pursuant to section chloro-3-pyridinyl)methyl](2,2- FR 28355, May 22, 2001) or Executive 12(d) of the National Technology difluoroethyl)amino]-2(5H)-furanone. Order 13045, entitled ‘‘Protection of Transfer and Advancement Act The tolerances expire on the date Children from Environmental Health (NTTAA) (15 U.S.C. 272 note). specified in table 2 to this paragraph (b).

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TABLE 2 TO PARAGRAPH (b)

Parts per Expiration Commodity million date

******* Sugarcane, cane ...... 3 12/31/2023 Sugarcane, molasses ...... 90 12/31/2023

*******

* * * * * Adjustment Act Improvement Act of penalty amount for this CMP to $11,001 [FR Doc. 2021–08598 Filed 4–23–21; 8:45 am] 2015 (Sec. 701 of Pub. L. 114–74). As per violation. BILLING CODE 6560–50–P amended, the law requires each agency III. Waiver of Proposed Rulemaking to make an initial inflationary adjustment for all applicable CMPs, and In developing this final rule, we are GENERAL SERVICES to make further adjustments at least waiving the usual notice of proposed ADMINISTRATION once every year thereafter for these rulemaking and public comment penalty amounts. The Debt Collection procedures set forth in the 41 CFR Part 105–70 Improvement Act of 1996 further Administrative Procedure Act, 5 U.S.C. stipulates that any resulting increases in 553 (APA). The APA provides an [FPMR Case 2021–101–1; Docket No. 2021– a CMP due to the calculated inflation exception to the notice and comment 0007; Sequence No. 1] adjustments shall apply only to procedures when an agency finds there RIN 3090–AK43 violations which occur after the date the is good cause for dispensing with such increase takes effect, i.e., thirty (30) days procedures on the basis that they are Program Fraud Civil Remedies Act of after date of publication in the Federal impracticable, unnecessary, or contrary 1986, Civil Monetary Penalties Inflation Register. Pursuant to the 2015 Act, to the public interest. We have Adjustment agencies are required to adjust the level determined that under 5 U.S.C. of the CMP with an initial ‘‘catch up’’, 553(b)(3)(B) good cause exists for AGENCY: Office of General Counsel, and make subsequent annual dispensing with the notice of proposed General Services Administration. adjustments for inflation. Catch up rulemaking and public comment ACTION: Final rule. adjustments are based on the percent procedures for this rule. Specifically, this rulemaking comports and is SUMMARY: In accordance with the change between the Consumer Price consistent with the statutory authority Federal Civil Penalties Inflation Index for Urban Consumers (CPI–U) for set forth in the Debt Collection Adjustment Act of 1990, as amended by the month of October for the year of the Improvement Act of 1996, with no the Debt Collection Improvement Act of previous adjustment, and the October issues of policy discretion. Accordingly, 1996 and further amended by the 2015 CPI–U. Annual inflation we believe that opportunity for prior Federal Civil Penalties Inflation adjustments will be based on the comment is unnecessary and contrary to Adjustment Act Improvement Act of percent change between the October the public interest, and we are issuing 2015, this final rule incorporates the CPI–U preceding the date of adjustment these revised regulations as a final rule penalty inflation adjustments for the and the prior year’s October CPI–U. that will apply to all future cases under civil monetary penalties set forth in the II. The Program Fraud Civil Remedies this authority. United States Code, as codified in our Act of 1986 regulations. IV. Executive Orders 12866 and 13563 In 1986, sections 6103 and 6104 of the DATES: Effective: May 26, 2021. Omnibus Budget Reconciliation Act of Executive Orders (E.O.s) 12866 and FOR FURTHER INFORMATION CONTACT: Mr. 1986 (Pub. L. 99–501) set forth the 13563 direct agencies to assess all costs Aaron Pound, Assistant General Program Fraud Civil Remedies Act of and benefits of available regulatory Counsel, General Law Division (LG), 1986 (PFCRA). Specifically, this statute alternatives and, if regulation is General Services Administration, 1800 F imposes a CMP and an assessment necessary, to select regulatory Street NW, Washington, DC 20405. against any person who, with approaches that maximize net benefits Telephone Number 202–501–1460. knowledge or reason to know, makes, (including potential economic, SUPPLEMENTARY INFORMATION: submits, or presents a false, fictitious, or environmental, public health and safety fraudulent claim or statement to the effects, distributive impacts, and I. The Debt Collection Improvement Act Government. The General Services equity). E.O. 13563 emphasizes the of 1996 Administration’s regulations, published importance of quantifying both costs To maintain the remedial impact of in the Federal Register (61 FR 246, and benefits, of reducing costs, of civil monetary penalties (CMPs) and to December 20, 1996) and codified at 41 harmonizing rules, and of promoting promote compliance with the law, the CFR part 105–70, set forth a CMP of up flexibility. This is a not significant Federal Civil Penalties Inflation to $10,781 for each false claim or regulatory action and, therefore, was not Adjustment Act of 1990 (Pub. L. 101– statement made to the agency. Based on subject to review under Section 6(b) of 410) was amended by the Debt the penalty amount inflation factor E.O. 12866, Regulatory Planning and Collection Improvement Act of 1996 calculation, derived from originally Review, dated September 30, 1993. This (Pub. L. 104–134) to require Federal dividing the June 2015 CPI by the June rule is not a major rule under 5 U.S.C. agencies to regularly adjust certain 1996 CPI and making the CPI-based 804. CMPs for inflation and further amended annual adjustment thereafter, after The Office of Management and Budget by the Federal Civil Penalties Inflation rounding we are adjusting the maximum (OMB) has reviewed this final rule in

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accordance with the provisions of E.O. ■ b. Removing from paragraph (b)(1)(ii) Equipment Fee Schedule Adjustments 12866 and has determined that it does the amount ‘‘11,282’’ and adding to Resume the Transitional 50/50 not meet the criteria for a significant ‘‘11,400’’ in its place. Blended Rates to Provide Relief in Rural regulatory action. As indicated above, [FR Doc. 2021–08600 Filed 4–23–21; 8:45 am] Areas and Non-Contiguous Areas’’. The the provisions contained in this final BILLING CODE 6820–81–P May 2018 IFC made technical rulemaking set forth the inflation amendments to the regulation to reflect adjustments in compliance with the the extension of the transition period from June 30, 2016 to December 31, Debt Collection Improvement Act of DEPARTMENT OF HEALTH AND 2016 that was mandated by the 21st 1996 for specific applicable CMPs. The HUMAN SERVICES great majority of individuals, Century Cures Act for phasing in fee organizations and entities addressed Centers for Medicare & Medicaid schedule adjustments for certain through these regulations do not engage Services durable medical equipment (DME) and in such prohibited conduct, and as a enteral nutrition furnished in areas not result, we believe that any aggregate 42 CFR Part 414 subject to the Durable Medical economic impact of these revised Equipment, Prosthetics, Orthotics, and regulations will be minimal, affecting [CMS–1687–RCN] Supplies (DMEPOS) Competitive only those limited few who may engage RIN 0938–AT21 Bidding Program (CBP) (83 FR 21915). in prohibited conduct in violation of the In addition, in the May 2018 IFC, statute. As such, this final rule and the Medicare Program; Durable Medical CMS—(1) amended 42 CFR 414.210(g) inflation adjustment contained therein Equipment Fee Schedule Adjustments to resume the transition period’s should have no effect on Federal or state To Resume the Transitional 50/50 blended fee schedule rates for items expenditures. Blended Rates To Provide Relief in furnished in rural areas and non- Rural Areas and Non-Contiguous contiguous areas (Alaska, Hawaii, and V. Regulatory Flexibility Act Areas; Extension of Timeline for Final United States territories) not subject to The Administrator of General Services Rule Publication the CBP from June 1, 2018 through certifies that this final rule will not have December 31, 2018 (83 FR 21915); (2) AGENCY: Centers for Medicare & a significant economic impact on a made technical amendments to existing Medicaid Services (CMS), Department substantial number of small business DMEPOS regulations to reflect the of Health and Human Services (HHS). entities. While some penalties may have exclusion of infusion drugs used with an impact on small business entities, it ACTION: Continuation of effectiveness DME from the DMEPOS CBP (83 FR is the nature of the violation and not the and extension of timeline for 21919); and (3) stated that the fee schedule amounts for wheelchair size of the entity that will result in an publication of the final rule. accessories and back and seat cushions action by the agency, and the aggregate SUMMARY: This document announces the used in conjunction with group 3 power economic impact of this rulemaking on continuation of effectiveness of a wheelchairs would continue to be based small business entities should be Medicare interim final rule and the on the unadjusted fee schedule amounts minimal, affecting only those few who extension of the timeline for publication updated by the covered item update have engaged in prohibited conduct in of the final rule. Section 1871(a)(3)(B) of specified in section 1834(a)(14) of the violation of statutory intent. the Social Security Act (the Act) Act (83 FR 21919). We stated that the VI. Paperwork Reduction Act specifies that a Medicare final rule must fee schedule amounts for all other be published no later than 3 years after accessories used with different types of This final rule imposes no new the publication date of the proposed or base equipment would continue to be reporting or recordkeeping requirements interim final rule, except under calculated in accordance with the necessitating clearance by OMB. exceptional circumstances. In adjustment methodology set forth in List of Subject in 41 CFR Part 105–70 accordance with sections 1871(a)(3)(B) § 414.210(g)(5) of our regulations (83 FR and 1871(a)(3)(C) of the Act, we are 21919). Administrative hearing, Claims, providing a notification of continuation Section 1871(a)(3)(B) of the Act Program fraud. for a Medicare interim final rule, requires CMS to publish a Medicare final rule no later than 3 years after the Katy Kale, announcing the different timeline on which we intend to publish the final publication of a proposed or interim Acting Administrator. rule, and explaining why we were final rule, except under exceptional Accordingly, 41 CFR part 105–70 is unable to publish the final rule on the circumstances. In such circumstances, amended as set forth below: regular, required 3-year timeline. section 1871(a)(3)(B) of the Act allows DATES: As of April 23, 2021, the the Secretary to vary the final regulation PART 105–70—IMPLEMENTATION OF Medicare provisions adopted in the publication timeline if the Secretary THE PROGRAM FRAUD CIVIL interim final rule published on May 11, provides public notice of the different REMEDIES ACT OF 1986 2018 (83 FR 21912) continue in effect timeline on which it intends to publish and the regular timeline for publication the final regulation, and that notice ■ includes a brief explanation of the 1. The authority citation for part 105– of the final rule is extended for an justification for the variation. The notice 70 continues to read as follows: additional year, until May 11, 2022. must be published by no later than the Authority: 40 U.S.C. 121(c); 31 U.S.C. FOR FURTHER INFORMATION CONTACT: 3809. timeline previously established with Alexander Ullman, (410) 786–9671 or respect to the final rule publication § 105–70.003 [Amended] [email protected]. date. SUPPLEMENTARY INFORMATION: In the May The May 2018 IFC was published on ■ 2. Amend § 105–70.003 by— 11, 2018 Federal Register (83 FR May 11, 2018. Therefore, in accordance ■ a. Removing from paragraph (a)(1)(iv) 21912), we published an interim final with section 1871(a)(3)(B) of the Act, we the amount ‘‘11,282’’ and adding rule with comment period (IFC) titled must finalize the May 2018 IFC by May ‘‘11,400’’ in its place; and ‘‘Medicare Program; Durable Medical 11, 2021, except under exceptional

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circumstances. We will not be able to to finalize the IFC, and relatedly the inspection at http:// finalize the May 2018 IFC within the DMEPOS and HCPCS proposed rule, by www.regulations.gov under Docket No. required 3-year timeline for publication the May 11, 2021 deadline. As a result FWS–HQ–ES–2017–0047. (by May 11, 2021) for the following of these exceptional circumstances, we FOR FURTHER INFORMATION CONTACT: reasons: are issuing this notification of Maricela Constantino, Acting Chief, In the November 4, 2020 Federal continuation and extending the timeline Branch of Delisting and Foreign Species, Register (85 FR 70358), we published a for finalizing the May 2018 IFC by 1 Ecological Services Program, U.S. Fish proposed rule titled ‘‘Medicare Program; year. This extension will grant policy and Wildlife Service, 5275 Leesburg Durable Medical Equipment, officials the opportunity to review the Pike, MS: ES, Falls Church, VA 22041; Prosthetics, Orthotics, and Supplies DMEPOS and HCPCS proposed rule and telephone 703–358–2171. If you use a (DMEPOS) Policy Issues and Level II of the May 2018 IFC. In accordance with telecommunications device for the deaf the Healthcare Common Procedure section 1871(a)(3)(C) of the Act, this (TDD), call the Federal Relay Service at Coding System (HCPCS)’’ (hereinafter notification of continuation also ensures 800–877–8339. DMEPOS and HCPCS proposed rule). In that the May 2018 IFC continues in SUPPLEMENTARY INFORMATION: the DMEPOS and HCPCS proposed rule effect beyond May 11, 2021. As a result (85 70373), we stated that we solicited of the publication of this notification of Previous Federal Actions comments on the 2018 Interim Final continuation, the timeline for On December 27, 2017, we published Rule, but because we have not yet publication of the final rule will be in the Federal Register (82 FR 61230) a responded to the comments we treated as having been extended until 12-month finding and proposed rule to received, we are signaling our intent to May 11, 2022. list the Yangtze sturgeon (Acipenser do so in the final rule. Dated: April 21, 2021. dabryanus) as an endangered species under the Act. A thorough review of the On January 20, 2021, the Assistant to Wilma Robinson, the President and Chief of Staff issued taxonomy, life history, ecology, and Deputy Executive Secretary to the a memorandum concerning ‘‘Regulatory overall viability of the Yangtze sturgeon Department, Department of Health and is also presented in the species status Freeze Pending Review’’ (‘‘Regulatory Human Services. Freeze memorandum’’).1 assessment (SSA) for the Yangtze The Office of [FR Doc. 2021–08661 Filed 4–23–21; 8:45 am] Management and Budget (OMB) issued sturgeon (Service 2017; available at BILLING CODE 4120–01–P Memorandum M–21–14 on January 20, http://www.regulations.gov at Docket 2021, providing guidance on No. FWS–HQ–ES–2017–0047), and a implementing the Regulatory Freeze summary of this information, including memorandum.2 The Regulatory Freeze DEPARTMENT OF THE INTERIOR the history of previous federal actions, a summary of the species’ description, memorandum seeks to ensure that the Fish and Wildlife Service President’s appointees or designees taxonomy, biology, life history, habitat, distribution, and historical and current have the opportunity to review any new 50 CFR Part 17 or pending rules. Paragraph 1 of the population, is provided in our Regulatory Freeze memorandum directs [Docket No. FWS–HQ–ES–2017–0047; December 27, 2017, proposed rule (82 agencies, subject to any exceptions the FF09E22000 FXES11180900000 212] FR 61230). Director of the OMB allows for RIN 1018–BC83 Summary of Changes From the emergency situations or other urgent Proposed Rule circumstances relating to health, safety, Endangered and Threatened Wildlife We received one comment from a peer environmental, financial, or national and Plants; Listing the Yangtze reviewer providing additional security matters, or otherwise, to Sturgeon as an Endangered Species information regarding ongoing and new propose or issue no rule in any conservation efforts on the Yangtze manner—including by sending a rule to AGENCY: Fish and Wildlife Service, River, which include lengthening the Office of the Federal Register—until Interior. fishing bans within the species’ range a department or agency head appointed ACTION: Final rule. and the commencement of restocking or designated by the President after efforts on reaches below Gezhouba Dam. noon on January 20, 2021, reviews and SUMMARY: We, the U.S. Fish and We have incorporated this information approves the rule. Additionally, Wildlife Service (Service), determine into this rule and have updated our paragraph 3 of the Regulatory Freeze endangered species status under the species status assessment (SSA) report. memorandum describes the agency Endangered Species Act of 1973 (Act), option to temporarily postpone agency as amended, for the Yangtze sturgeon Supporting Documents rules to permit review by an agency (Acipenser dabryanus). Loss of individuals due to overharvesting on the A species status assessment team head appointed or designated by the prepared an SSA report for the Yangtze President after noon on January 20, Yangtze River is the main factor that contributed to the historical decline of sturgeon. The SSA team was composed 2021. of Service biologists, in consultation In light of our efforts to comply with the species. Despite conservation efforts, this species is still currently in decline, with other species experts. The SSA the Regulatory Freeze memorandum, report represents a compilation of the and to allow policy officials in the new due primarily to the effects of dams and bycatch. This rule adds the Yangtze best scientific and commercial data administration the opportunity to available concerning the status of the review the DMEPOS and HCPCS sturgeon to the List of Endangered and Threatened Wildlife. species, including the impacts of past, proposed rule and May 2018 IFC, we do present, and future factors (both DATES: This rule is effective May 26, not believe we will have sufficient time negative and beneficial) affecting the 2021. species. 1 https://www.whitehouse.gov/briefing-room/ ADDRESSES: Comments and materials In accordance with our joint policy on presidential-actions/2021/01/20/regulatory-freeze- pending-review/ (86 FR 7424, January 28, 2021). received, as well as supporting peer review published in the Federal 2 https://www.whitehouse.gov/wp-content/ documentation used in the preparation Register on July 1, 1994 (59 FR 34270), uploads/2021/01/M-21-14-Regulatory-Review.pdf. of this rule, are available for public and our August 22, 2016, memorandum

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updating and clarifying the role of peer insects, aquatic plants, and small fish Current Range review of listing actions under the Act, (Zhang et al. 2011, p. 184; Zhuang et al. The Yangtze sturgeon’s current range we sought peer review of the SSA 1997, p. 259). During the spring flood on has been reduced to the upper Yangtze report. The Service sent the SSA report the main stem of the Yangtze River, River and its tributaries in the reaches to six independent peer reviewers and juveniles will move to the tributaries to between Yibin and Yichang, a distance received two responses. The purpose of feed. Young sturgeons will remain in of about 1,000 km (621 miles) (Wu et al. peer review is to ensure that our listing these feeding reaches until they reach 2014, p. 5; Dudgeon 2010, p. 128; Huang determinations are based on maturity (4 to 6 years for males and 6 et al. 2011, p. 575; Zhang et al. 2011, p. scientifically sound data, assumptions, to 8 years for females) after which they 181; Artyukhin et al. 2007, p. 370). The and analyses. The peer reviewers have begin migrating upstream towards the completion of the Gezhouba Dam in expertise in the biology, habitat, and spawning ground during the spring 1981 at Yichang prevented the upstream threats to the species. flood (Zhuang et al. 1997, p. 261). migration of adults to the species’ Background Historical Range spawning ground (Zhuang et al. 1997, p. Presented below is a brief summary of As its name implies, the Yangtze 261). As a result of the construction of the species’ description, life history, sturgeon is found in the Yangtze River Gezhouba Dam, the species may have distribution, and historical and current (Wu et al. 2014, p. 5). The river is more been extirpated in reaches below the population. A more detailed than 6,397 km (3,975 mi) in length and dam (Li et al. 2015, p. 186; Zhu et al. examination of the information can be is divided into three segments. The 2008, p. 30). That said, from 2014–2017, found in our SSA and proposed rule upper reach, which spans a total of fishermen below Gezhouba Dam (Service 2017, entire; 82 FR 61230, about 4,300 km (2,671 mi), is further accidentally captured four adult December 27, 2017). sub-divided into two segments: The Yangtze sturgeons, suggesting the Jinsha River segment, which stretches presence of a very small remnant Species Description from the headwater in Yushu in the population (Du 2017, pers. comm.). The The Yangtze sturgeon is a freshwater Tibetan Plateau to Yibin, a distance of construction of the Three Gorges Dam fish species that attains a maximum size about 2,300 km (1,429 mi), and the and its reservoir, which began in 2003 of around 130 centimeters (4.3 feet (ft)) upper Yangtze River, which stretches and was completed in 2009, further and a maximum weight of about 16 from Yibin to the Three Gorges region reduced the species’ range by modifying kilograms (35 pounds) (Billiard and at Yichang, a distance of about 1,000 km reaches above Three Gorges Dam to a Lecointre 2000, p. 368; Zhuang et al. (621 mi) (Cheng et al. 2015, p. 571; Jiang lentic (still water) system (Chen D. et al. 1997, pp. 257, 259). The species has a et al. 2008, p. 1471; Fu et al. 2003, p. 2009, p. 341; Fu et al. 2003, p. 1650). triangular head, an elongated snout, and 1651). The middle reach is from Loss of lotic (rapidly moving water) large blowholes (Gao et al. 2009b, p. Yichang to Hukou, a distance of about ecosystem reduces the quality of 117). Yangtze sturgeons have tactile 950 km (590 mi). The Yangtze River remaining habitat for the species barbels at the front of their mouths that widens in this segment and is identified (Kynard 2016, pers. comm.; Cheng et al. they use to dig for food. On the dorsal by multiple large lakes, including Lake 2015, pp. 570, 576). On the lower Jinsha side, Yangtze sturgeons are dark gray, Dongting and Lake Poyang. The lower River, in the upstream portion of the brownish-gray, or yellow-gray in color. reach stretches from Hukou to the species’ historical range, the The rest of the body is milky white in mouth of the river at Shanghai, a construction of the Xiangjiaba Dam, color (Zhuang et al. 1997, p. 259). distance of about 930 km (577 mi) (Fu which was completed in 2008, limited et al. 2003, p. 1651). the species’ spawning ground to areas Life History Historically, the Yangtze sturgeon was below the dam (Zhang et al. 2011, pp. Although the Yangtze sturgeon’s life found in the lower portion of the Jinsha 183–184). The species continues to history is similar to other sturgeon River and the upper, middle, and lower ascend the major tributaries in the species, there are key differences. Based reaches of the Yangtze River, a distance upper Yangtze, including the Min, Tuo, on the best available information, much of about 1,300 km (807 mi) (Wu et al. and Jialing River (Huang et al. 2011, p. of what is known about the Yangtze 2014, p. 5). The majority of historical 575; Artyukhin et al. 2007, p. 370). sturgeon’s life history comes from sightings occurred in the lower Jinsha research on the more numerous and and upper Yangtze River with Historical and Current Population studied Chinese sturgeon due to occasional sightings in the middle and The Yangtze sturgeon was historically similarities in morphology, taxonomy, lower Yangtze (Zhuang et al. 1997, p. abundant and was commercially and life history between the two 259). The species has also been found in harvested up to the 1970s (Lu et al. species. Yangtze sturgeons spawn in the major tributaries that feed into the 2015, p. 89; Zhang et al. 2013, p. 409; spring from March to April, with a upper Yangtze including the Min, Tuo, Kynard et al. 2003, p. 27). The majority smaller late fall/early winter spawning and Jialing (Artyukhin et al. 2007, p. (80 percent) of harvest of Yangtze period occurring from October to 370). There have also been sightings of sturgeon took place during the 1950s to December (Qiwei 2010, p. 3; Gao et al. the species in Dongting Lake and the 1970s. However, overharvesting 2009b, p. 117; Kynard et al. 2003, p. 28). Poyang Lake in the middle and lower during this time period led to a sharp Spawning migration begins when water reaches, respectively (Zhuang et al. decline in the population size (Kynard level, flow velocity, and silt content 1997, p. 259). One sighting took place as et al. 2003, p. 27). enters a downward trend (Zhang H. et far downstream as Anhui province, a While there may have been natural al. 2012, p. 4). distance of more than 2,000 km (1,242 recruitment of the species in the 1990s, Juvenile sturgeons disperse around mi) downstream from Yibin (Zhuang et no natural recruitment has been 100 to 200 kilometers (km) (62 to 124 al. 1997, p. 261). The species’ spawning observed in the wild since the 2000s miles (mi)) downstream from their reach is understood by Yangtze sturgeon (Du et al. 2014, p. 1; Wu et al. 2014, p. spawning ground and arrive in researchers to have occurred from 1). The population is currently being backwater pools and sandy shallows Maoshui in the lower Jinsha River to repopulated by artificial restocking. with low velocity flow and rich mud Hejiang in the upper Yangtze River Between the years of 2010–2013, 7,030 and sand substrate where they feed on (Zhang et al. 2011, p. 184). Yangtze sturgeon juveniles were

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released into the middle and upper negative effects or may have positive the foreseeable future uses the best Yangtze River in two to three batches effects. scientific and commercial data available each year (Wu et al. 2014, p. 3). We use the term ‘‘threat’’ to refer in and should consider the timeframes Restocking efforts have been ongoing in general to actions or conditions that are applicable to the relevant threats and to the reaches below Gezhouba Dam since known to or are reasonably likely to the species’ likely responses to those 2014 (Hu 2017, pers. comm.). However, negatively affect individuals of a threats in view of its life-history restocked sturgeons suffer from low species. The term ‘‘threat’’ includes characteristics. Data that are typically fitness; most notably, they lack the actions or conditions that have a direct relevant to assessing the species’ ability to survive to reproductive age. impact on individuals (direct impacts), biological response include species- Capture data obtained from the releases as well as those that affect individuals specific factors such as lifespan, in 2010–2013 found that 95 days after through alteration of their habitat or reproductive rates or productivity, restocking, no restocked sturgeons were required resources (stressors). The term certain behaviors, and other caught either by researchers or by ‘‘threat’’ may encompass—either demographic factors. fishermen in the upper Yangtze River together or separately—the source of the Our proposed rule described (Wu et al. 2014, pp. 3–5). These results action or condition or the action or ‘‘foreseeable future’’ as the extent to indicate that restocked sturgeon have a condition itself. which we can reasonably rely on very low survival rate. Although we do However, the mere identification of predictions about the future in making not have population estimates for the any threat(s) does not necessarily mean determinations about the future species, based on the fact that there has that the species meets the statutory conservation status of the species. The been no observable natural reproduction definition of an ‘‘endangered species’’ or Service since codified its understanding since the 2000s and the low survival a ‘‘threatened species.’’ In determining of foreseeable future at 50 CFR 424.11(d) rate of restocked sturgeon, the species’ whether a species meets either (84 FR 45020, August 27, 2019). In those population in the Yangtze River is likely definition, we must evaluate all regulations, we explain the term to be very low when compared to identified threats by considering the ‘‘foreseeable future’’ extends only so far historical numbers (Du et al. 2014, p. 1; expected response by the species, and into the future as the Service can Wu et al. 2014, p. 4). the effects of the threats—in light of reasonably determine that both the those actions and conditions that will future threats and the species’ responses Regulatory and Analytical Framework ameliorate the threats—on an to those threats are likely. The Service Regulatory Framework individual, population, and species will describe the foreseeable future on a level. We evaluate each threat and its case-by-case basis, using the best Section 4 of the Act (16 U.S.C. 1533) expected effects on the species, then available data and taking into account and its implementing regulations (50 analyze the cumulative effect of all of considerations such as the species’ life- CFR part 424) set forth the procedures the threats on the species as a whole. history characteristics, threat-projection for determining whether a species is an We also consider the cumulative effect timeframes, and environmental endangered species or a threatened of the threats in light of those actions variability. The Service need not species. The Act defines an and conditions that will have positive identify the foreseeable future in terms ‘‘endangered species’’ as a species that effects on the species, such as any of a specific period of time. These is in danger of extinction throughout all existing regulatory mechanisms or regulations did not significantly modify or a significant portion of its range, and conservation efforts. The Secretary the Service’s interpretation; rather they a ‘‘threatened species’’ as a species that determines whether the species meets codified a framework that sets forth how is likely to become an endangered the definition of an ‘‘endangered the Service will determine what species within the foreseeable future species’’ or a ‘‘threatened species’’ only constitutes the foreseeable future based throughout all or a significant portion of after conducting this cumulative on our long-standing practice. its range. The Act requires that we analysis and describing the expected Accordingly, although these regulations determine whether any species is an effect on the species now and in the do not apply to the final rule for the ‘‘endangered species’’ or a ‘‘threatened foreseeable future. Yangtze sturgeon because it was species’’ because of any of the following The Act does not define the term proposed prior to their effective date, factors: ‘‘foreseeable future,’’ which appears in they do not change the Service’s (A) The present or threatened the statutory definition of ‘‘threatened assessment of foreseeable future for the destruction, modification, or species.’’ Our implementing regulations Yangtze sturgeon as contained in our curtailment of its habitat or range; at 50 CFR 424.11(d) set forth a proposed rule and in this final rule. framework for evaluating the foreseeable (B) Overutilization for commercial, future on a case-by-case basis. The term Analytical Framework recreational, scientific, or educational foreseeable future extends only so far The SSA report documents the results purposes; into the future as the Services can of our comprehensive biological status (C) Disease or predation; reasonably determine that both the review for the species, including an (D) The inadequacy of existing future threats and the species’ responses assessment of the potential threats to the regulatory mechanisms; or to those threats are likely. In other species. The SSA report does not (E) Other natural or manmade factors words, the foreseeable future is the represent a decision by the Service on affecting its continued existence. period of time in which we can make whether the species should be listed as These factors represent broad reliable predictions. ‘‘Reliable’’ does not an endangered or threatened species categories of natural or human-caused mean ‘‘certain’’; it means sufficient to under the Act. It does, however, provide actions or conditions that could have an provide a reasonable degree of the scientific basis that informs our effect on a species’ continued existence. confidence in the prediction. Thus, a regulatory decisions, which involve the In evaluating these actions and prediction is reliable if it is reasonable further application of standards within conditions, we look for those that may to depend on it when making decisions. the Act and its implementing have a negative effect on individuals of It is not always possible or necessary regulations and policies. The following the species, as well as other actions or to define foreseeable future as a is a summary of the key results and conditions that may ameliorate any particular number of years. Analysis of conclusions from the SSA report; the

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full SSA report can be found at Docket which makes the upper Yangtze River Meanwhile, in the upstream portion FWS–HQ–ES–2017–0047 on http:// an ideal place for hydroelectric projects of the species’ range, the construction of www.regulations.gov. (Fan et al. 2006, p. 33). The growth of Xiangjiaba Dam on the lower Jinsha To assess Yangtze sturgeon viability, dam construction in China has River segment occurred on part of the we used the three conservation biology accelerated during the past decades. historical spawning reach of the Yangtze principles of resiliency, redundancy, From the 1970s to the 1990s, an average sturgeon. Xiangjiaba Dam is a barrier to and representation (Shaffer and Stein of 4.4 large reservoirs (capacity greater all fish species and prevents migration 2000, pp. 306–310). Briefly, resiliency than 0.1 kilometers3 (km3)) were to areas above or below the dam (Wu et supports the ability of the species to constructed per year. By the 2000s, this al. 2014, p. 2). However, the species withstand environmental and number had increased to an average may be able to use spawning reaches demographic stochasticity (for example, construction rate of 11.8 large reservoirs below the dam (Fan et al. 2006, p. 36). wet or dry, warm or cold years), per year. By 2011, China possessed 552 That said, a dam located upstream from redundancy supports the ability of the large reservoirs, 3,269 medium the species’ habitat affects the species species to withstand catastrophic events reservoirs (capacity of 0.01–0.1 km3), downstream by altering water (for example, droughts, large pollution and 84,052 small reservoirs (capacity of temperature and sedimentation rate, events), and representation supports the 0.0001–0.01 km3); of this number, the which we discuss below (Fan et al. ability of the species to adapt over time Yangtze River basin contained 45,000 2006, p. 36). to long-term changes in the environment dams and reservoirs, including 143 In addition to dams currently present (for example, climate changes). In dams having large reservoirs, or a on the lower Jinsha and upper Yangtze general, the more resilient and quarter of all large reservoirs in China River, in the early 2000s, a proposal was redundant a species is and the more (Miao et al. 2015, p. 2350; Mueller et al. presented for the construction of the representation it has, the more likely it 2008, p. 233). The construction of dams Xiaonanhai Dam, which would be is to sustain populations over time, even and reservoirs have multiple and broad located upstream from Chongqing. If under changing environmental effects on the Yangtze sturgeon and its built, this dam would create a barrier conditions. Using these principles, we habitat, including limiting connectivity between the species’ last known identified the species’ ecological between spawning and feeding reaches; spawning ground and feeding reach, requirements for survival and altering water temperature, water which, depending on design, could have reproduction at the individual, discharge, and velocity rates; and a significant negative impact on the population, and species levels, and changing sediment concentration. species (Cheng et al. 2015, p. 579). described the beneficial and risk factors However, at present, China’s Ministry of influencing the species’ viability. Connectivity Environmental Protection has rejected The SSA process can be categorized the proposal and any future dam into three sequential stages. During the Dam construction on Yangtze River projects on the last stretch of free- first stage, we evaluated the individual limits the ability of the Yangtze sturgeon flowing Yangtze River due to species’ life-history needs. The next to migrate between spawning and environmental impacts (Chang 2016, stage involved an assessment of the feeding reaches. Dam construction on pers. comm.; Kynard 2016, pers. comm.; historical and current condition of the the Yangtze occurs on both the Mang 2015, unpaginated). species’ demographics and habitat upstream and downstream portion of While the rejection of the proposal to characteristics, including an the species’ current range. In the middle construct the Xiaonanhai Dam will explanation of how the species arrived Yangtze River, the construction of allow continued connectivity between at its current condition. The final stage Gezhouba Dam in 1981 prevented adults the spawning and feeding reach for the of the SSA involved making predictions downstream of the dam from being able Yangtze sturgeon, the country’s twelfth about the species’ responses to positive to migrate to the species’ spawning 5-year plan stated that renewable and negative environmental and ground in the upper Yangtze near Yibin resources should make up 15 percent of anthropogenic influences. This process (Miao et al. 2015, p. 2351; Dudgeon all energy generated in China with 9 used the best available information to 2010, p. 128; Fang et al. 2006, p. 375; percent coming from hydroelectric characterize viability as the ability of a Zhuang et al. 1997, p. 261). Although sources. This plan translates to an species to sustain populations in the the reaches below Gezhouba Dam might additional 230 gigawatts (GW) of power wild over time. We use this information be suitable for the species, at present generated via hydroelectric dams. This to inform our regulatory decision. there has been no observed natural target is a very ambitious one, given that reproduction below Gezhouba Dam (Du Three Gorges Dam generates 18 GW of Summary of Biological Status and 2017, pers. comm.). In addition to power per year (Dudgeon 2011, p. 1496). Threats Gezhouba Dam, the construction of the Furthermore, although the plan to Below, we review the biological Three Gorges Dam in 2003 created a construct the Xiaonanhai Dam has been condition of the species and its reservoir that affected individuals of the rejected, plans to construct dams on the resources, and the threats that influence species upstream. The Three Gorges Jinsha River as part of a 12-dam cascade the species’ current and future Dam reservoir, which extends 600 km are still proceeding (Dudgeon 2010, p. condition, in order to assess the species’ upstream from the dam, transformed the 129). overall viability and the risks to that area into unsuitable habitat for Yangtze Water Temperature viability. sturgeon (Kynard 2016, pers. comm.; Cheng et al. 2015, p. 570; Miao et al. Dams negatively affect the Dams on the Yangtze River and Their 2015, p. 2351). As a result of the reproductive success of Yangtze Effects construction of the reservoir, the species sturgeon by altering water temperature The topography of the upper Yangtze now rarely swims downstream to flowing through the species’ habitat. River basin is characterized by reaches below Chongqing. The result is Water temperature influences the mountains of varying heights. The the species’ current range is reproductive success of the Yangtze change in elevation between the upper concentrated in the 500-km reach sturgeon at two stages in its life cycle: Yangtze to the lower Yangtze amounts between the Yibin and Chongqing (Wu Commencement of spawning migration to 3,280 meters (m) (10,761 feet (ft)), et al. 2015, p. 5). and egg survival. Spawning migration of

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the Yangtze sturgeon will not start until (Zhang et al. 2011, p. 183). Since concentrated sediment downstream all the water temperature reaches 18 Chongqing is farther upstream from at once, resulting in an asymmetrical degrees Celsius (°C) (64.4 degrees Yichang, this flow rate may be the sediment load pattern (Chen Z. et al. Fahrenheit (°F)) (Cheng et al. 2015, p. river’s natural rate at this section of the 2001, p. 90). The effects of sediment 578). Historically, before the Yangtze. However, following the load patterns on the species’ habitat construction of the Xiangjiaba and other impoundment by the Xiangjiaba Dam in occur at two stages: Release of dams on the lower Jinsha, the water October 2012 and the Xiluodo Dam in sediments during high river stages and temperature reached 18 °C (64.4 °F) May 2013, discharge in the lower Jinsha reduced sediment size and load over around April. However, the has declined more than 50 percent, time (Dudgeon 2011, pp. 1488, 1495). construction of the dams stratified the suggesting that the current flow rate is The Jinsha River dams trap up to 82 water table. As most dams on the likely to be lower than the flow rate percent of the sediment during the Yangtze are designed to release cold between 1950 and 2000 (Cheng et al. winter months, resulting in ‘‘clean’’ (i.e., water located at the bottom of the dams, 2015, p. 577). The Jinsha River feeds sediment-free) water flowing the spawning season for the Yangtze into the upper Yangtze River. This downstream. This ‘‘clean’’ water lacks sturgeon could be delayed by more than means that a reduction in flow rate on nutrients and may decrease the food a month (Deng et al. 2006 and Wang et the Jinsha will also reduce the flow rate supply for the Yangtze sturgeon over the al. 2009, as cited in Cheng et al. 2015, on the upper Yangtze River. Given that winter months (Cheng et al. 2015, p. p. 578). This delay shortens the the Yangtze sturgeon is closely related 578). During the subsequent spring maturing season for juveniles and is to the Chinese sturgeon, a reduction of flood, the release of concentrated likely to reduce the species’ survival flow rate by over 50 percent could have sediment from dams likely results in rate. Additionally, if the water remains a significant negative impact on the sediment filling in all the interstitial too cold for too long, sturgeon eggs will reproductive success rate of the Yangtze spaces in the spawning habitat, thereby not mature, resulting in total loss of sturgeon given its already tenuous reducing available spawning habitat for reproduction for that season (Kynard biological status. that season. 2016, pers. comm.). Despite the spring release of Sedimentation Concentration concentrated sediments, sediment load Water Discharge and Velocity In addition to affecting spawning of is expected to decline over time. At By altering discharge rates, dams Yangtze sturgeon, dams affect the Yichang, sediment load per year has affect the Yangtze sturgeon’s condition of the species’ spawning decreased from 530 Megatonnes (Mt) reproductive success by affecting the ground through changes in the water (530 million metric tons) per year in the timing of spawning migration. The velocity and sedimentation load. 1950s–1960s, to 60 Mt (60 million species’ spawning migration begins Because reproductive success of metric tons) per year after 2003. when flow rate increases during the sturgeon is tied to the amount of Additionally, suspended sediment at spring flood (Zhuang et al. 1997, p. 261). suitable habitat, a reduction in habitat Yichang below Three Gorges Dam has At Yichang, the most downstream area can reduce the reproductive decreased in size from 8–10 portion of the Yangtze sturgeon’s success of the species (Ban et al. 2011, micrometers in 1987–2002 to 3 current range, the mean discharge rate p. 96; Bemis and Kynard 1997, p. 169). micrometers after 2003 (Yang et al. from 1983 to 2004 (before the Specifically, flow rates affect the 2011, pp. 16–17). Reduction in sediment construction of Three Gorges Dam) was Yangtze sturgeon by affecting the size can lead to increased between 10,000 m3 per second (/s) and sedimentation concentration in the embeddedness of available interstitial 17,000 m3/s. After the construction of water and on the riverbed. As noted space, which prevents the adherence of the Three Gorges Dam, mean flow rate before, Yangtze sturgeon lay their eggs eggs to the river bottom and reduces the varies between 6,414 m3/s in low flow on the interstitial spaces between rocks quality of remaining spawning habitats. years to 12,780 m3/s in high flow years and boulders. The makeup of the At the reaches below Gezhouba Dam, (Chen and Wu 2011, p. 384). For riverbed needs to contain the right sedimentation has reduced available Chinese sturgeon, successful spawning concentration of small pebbles and interstitial space by as much as 50 to 70 occurs when water discharge is between larger boulders to provide sufficient percent (Du et al. 2011, p. 262). 7,000 and 26,000 m3/s. This means that space for adherence and aeration of the Summary of Effects of Dams on the although the flow rate during high flow eggs (Du et al. 2011, pp. 261–262; Bemis Yangtze Sturgeon years remains in the optimal discharge and Kynard 1997, p. 169). rate for Chinese sturgeon spawning, Historically, discharge rates and Dam construction in the middle discharge rates during low flow years sedimentation load were aligned with Yangtze and lower Jinsha has restricted are below the flows needed for precipitation rates: A low discharge rate the species’ range to the reaches of the spawning, and thus are likely to have a results in a low sedimentation load, Yangtze between Yibin and Yichang negative impact on spawning success while high discharge rates lead to a (Wu et al. 2014, p. 5). These projects rates (Chen and Wu 2011, p. 385). Given higher sediment load, as high flows are prevented the migration of the species the similarities in the genetic and life able to transport more sediments upstream and downstream of the dams. history between the Yangtze and downstream (Chen Z. et al. 2001, pp. Although there is currently access Chinese sturgeon, the reduction in 88–89). However, with dams between the species’ remaining discharge rate is likely to negatively constructed along the lower Jinsha and spawning and feeding grounds, the affect the spawning success rate of the Yangtze Rivers, discharge rate and condition of the remaining habitat is Yangtze sturgeon on reaches below the sedimentation rate have become likely to be negatively affected by Three Gorges Dam as well. misaligned. While discharge rates changes to the river flow and While we do not have long-term typically remain aligned with the sedimentation rate. The formation of the historical data for the optimal water precipitation rate, the sedimentation Three Gorges reservoir has transformed discharge rate for the Yangtze sturgeon load pattern displays a 2-month delay the 600-km reach above the dam into a at Yibin, the flow rate at Chongqing due to sediment being trapped behind lentic (still water) system, resulting in during the years 1950–2000 was the dams. When the spring flood occurs, unsuitable habitat for the species between 4,540 m3/s and 11,000 m3/s numerous dams release highly (Kynard 2016, pers. comm.; Cheng et al.

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2015, pp. 570, 576). As a result, Yangtze rate continues to put pressure on the A study on TPT exposure to 2- to 3- sturgeon rarely use habitat downstream survival of the species (Wu 2016, pers. day-old Chinese sturgeon larvae found from Chongqing (Wu et al. 2014, p. 5). comm.; Wu et al. 2014, p. 4). that 6.3 percent showed skeletal/ Upstream from the species’ current morphological deformities and 1.2 Riverbed Modification range, the construction of the Xiluodu percent had no eyes or only one eye. At and Xiangjiaba Dams are likely to To reproduce successfully, the the same time, larvae from spawning negatively affect the reproductive Yangtze sturgeon requires the river hatches of captured adults showed success of the Yangtze sturgeon. substrate to contain a suitable skeletal/morphological deformities of Through the release of cold water concentration of sediment (Du et al. 3.9 percent and 1.7 percent that had during the spring flood, the dam can 2011, p. 257). Alteration of the riverbed only one eye or no eyes. Given the rate delay the spawning migration of the has reduced the reproductive success of of deformities found in this study, sturgeon, which will shorten the this species. To improve navigation on reproduction in the studied Chinese maturation time for juveniles and the lower Jinsha and upper Yangtze sturgeon was reduced by 58.4 to 75.9 possibly prevent the successful River, multiple projects, including sand percent (Hu et al. 2009, p. 9342). maturation of eggs altogether (Kynard and gravel extraction operations, were Because the Yangtze and Chinese 2016, pers. comm.; Cheng et al. 2015, p. implemented on the reaches between sturgeon are closely related species, the 578). Alteration to sediment Shuifu and Yibin, and Yibin and presence of TPT in the upper Yangtze concentration in both the short term and Chongqing (Zhang et al. 2011, p. 184). River is likely reducing the reproductive long term reduces the quality of Between 2005 and 2009, $44 million success of the Yangtze sturgeon at a remaining habitat (Du et al. 2011, p. (converted to U.S. dollars) were similar rate. 262). Given the lack of observed natural invested to improve the navigation In addition to TPT, the presence of reproduction of the species in the upper between Yibin and Chongqing. These Yangtze, present and future dam endocrine disruptor compounds (EDC) investments have led to the affects Chinese sturgeon by inducing construction could significantly affect modification of 22 riffles (a shallow the viability of the species. declining sperm activity, intersex testis- section of a stream or river with rapid ova, and a decline in the male to female current and a surface broken by gravel, Overfishing (Historical) and Bycatch ratio in the population (An and Hu rubble, or boulders) on the upper (Current) 2006, p. 381). A study on EDC found Yangtze and the deepening of the Historically, the Yangtze sturgeon was that the concentration of EDC in the channel from 1.8 m (5.9 ft) to 2.7 m (8.8 commercially harvested on the Yangtze Yangtze River from industrial discharge ft) (Zhang et al. 2011, p. 184). River. In the 1970s, 5,000 kilograms (5.5 (1.55 to 6.85 micrograms per liter) is Additionally, up to 10, 6, and 3 river tons) of Yangtze sturgeons were caught very high and could have a detrimental dredge ships operate in the Yangtze in the spring season at Yibin (Zhuang et impact on sturgeon in the river. al. 1997, p. 262). Since then, however, River, the Jinsha River, and the Min As a result of rapid industrialization the population of Yangtze sturgeon has River, respectively. The operations of along the Yangtze River, higher declined significantly (Zhang et al. these ships alter the bottom topography concentrations of heavy metals are 2013, p. 409). There are multiple of the riverbeds, which results in the reasons for this decline: Fishermen use loss of benthic (bottom-dwelling) habitat found in the river (Yujun et al. 2008, p. fine mesh nets that prevent smaller fish, and spawning ground for many fish 338). A high concentration of heavy weighing as little as 50 grams (1.7 species, including the Yangtze sturgeon metals leads to greater accumulation of ounces), from being able to escape; the (Fan et al. 2006, p. 37). These projects these metals in all aquatic organisms number of fishing boats in the Yangtze are occurring on or near current Yangtze (Yujun et al. 2008, p. 339). The toxicity River increased from 500 in the 1950s sturgeon spawning and feeding grounds effect of heavy metal accumulation is to 2,000 by 1985; and more than 140,000 from Yibin to Hejiang. Thus, these especially pronounced in zoobenthic fishermen currently depend on the river operations will continue to reduce the predators, like the Yangtze sturgeon, for a living. Furthermore, the fishing quality and quantity of remaining because they occupy a higher position season historically overlapped with the habitat (Zhang et al. 2011, p. 184). in the food chain. The result is that by consuming smaller prey species that main spawning season of the Yangtze Industrial Pollution sturgeon (Yi 2016, p. 1; Fan et al. 2006, have absorbed heavy metal, zoobenthic p. 37; Zhuang et al. 1997, p. 262). The As a benthic predator, the Yangtze predators accumulate heavy metals replacement of bamboo and reed gear sturgeon is exposed to higher inside their bodies (Yujun et al. 2008, p. with gear made from synthetic fibers concentrations of industrial pollution 346). Given that the heavy metal further contributed to a higher catch rate than many other fish species (Yujun et concentration is highest in benthic of sturgeons (Chen D. et al. 2009, p. al. 2008, pp. 341–342). While we are not animals, especially zoobenthic 346). aware of any studies that analyze the predators like the sturgeon, the effect of Despite attempts to help conserve the impacts of industrial pollution on heavy metals on the sturgeon could be species by restocking, restocked Yangtze sturgeon specifically, there more pronounced than in other aquatic juveniles experience very low survival have been studies on Chinese sturgeon species (Yujun et al. 2007, p. 341; An rates (Wu et al. 2014, p. 4). From 2010 and other sturgeon species. Industrial and Hu 2006, p. 381). Despite the to 2013, restocking operations released pollutants such as triphenyltin (TPT) known impacts on captured Chinese 7,030 juveniles into the upper Yangtze affect the reproductive success of the sturgeon, we currently do not have River main stem. Subsequent bycatch Chinese sturgeon. TPT, used in paint on evidence of population-level impacts of between 2010 and 2013 recorded a total ship hulls and in fishnets in China, can EDC or heavy metals on the wild of 112 sturgeons caught, indicating a be absorbed into the eggs of Chinese Yangtze sturgeon population. That said, very low survival rate of stocked sturgeon, resulting in increased even though we have no evidence of juveniles (Wu et al. 2014, p. 3). These deformities, including abnormal morphological deformities in wild results suggest that although other development and skeletal and sturgeon, it is likely that industrial factors also played a role in low survival morphological deformities in embryos pollution does have an effect on the rate of juveniles, the existing bycatch (Hu et al. 2009, pp. 9339–9340). reproductive success of wild sturgeon.

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Hybridization With Displaced Native indicates that farmed hybrids are Council added the Yangtze sturgeon to and Nonnative Sturgeon escaping into the river system. Although the National Red Data Book for Despite the decline in wild fishery this study was conducted in the lower Threatened Chinese Fish as a Class I yields, the Yangtze basin remains one of Yangtze River below the range of the Protected Animal (Wu et al. 2014, p. 1; the major centers of China’s aquaculture Yangtze sturgeon, because sturgeon Zhang H. et al. 2011, p. 181; Dudgeon industry. Fishery yields from the basin aquaculture occurs across the Yangtze 2010, p. 128; Wei et al. 2004, p. 322; account for 65 percent of total River system, it is likely that Zhuang et al. 1997, p. 258). Animals freshwater fisheries production in China hybridization is occurring in the upper listed as a Class I species are protected (Shen et al. 2014, p. 1547; Chen D. et Yangtze River as well. from certain activities, including al. 2009, p. 338). In the past 30 years, The uncontrolled hybridization of hunting, capturing, or killing, for both native and nonnative species on the sturgeon aquaculture in China has risen commercial and personal uses. Yangtze alters the population dynamics significantly. Although commercial Scientific research, domestication, between hybrids and native stocks. aquaculture for sturgeon only started in breeding, and exhibition are exempted Hybridization may reduce the fitness of the 1990s, by 2006, production had (Wei et al. 2004, p. 322). Transportation the overall population or replace a reached 17,424 tons, which accounts for of Class I-listed species requires population of native fish with hybrids 80 percent of the world total production approval from the Department of (Shen et al. 2014, p. 1549; Li R. et al. (Shen et al. 2014, p. 1548). The growth 2009, p. 636). Hybridization may also Wildlife Administration. Import or of the aquaculture industry in China result in hybrids with better fitness than export of Class I aquatic species is saw aquaculture farms constructed wild stock that outcompete the wild regulated by the Fisheries Bureau of the across all branches of the Yangtze River native stock of Yangtze sturgeon for Minister of Agriculture (Wei et al. 2004, (Li R. et al. 2009, p. 636). Sturgeon habitat and resources. When native fish p. 323). species that are commonly used in the are unavailable, farmers tend to import In addition to its listing under aquaculture industry include the Amur nonnative fish that have more desirable national law, the species has also been sturgeon (Acipenser schrenckii), kaluga characteristics, such as a higher growth included in Appendix II of the (Huso dauricus), and other Amur River rate and better adaptability. These Convention on International Trade in sturgeon hybrids (Li R. et al. 2009, p. nonnative sturgeons are bred with Endangered Species of Wild Fauna and 636). However, none of these commonly available native sturgeon to produce Flora (CITES) since 1998 (Ludwig 2008, cultured species is native to the Yangtze hybrids. These hybrids oftentimes p. 5; CITES 1997, pp. 152–153). A query River. The existing fishing management escape or are accidentally introduced of the CITES trade database does not regulations are not adequate to address into the wild and then compete with the show any records of legal international the threat of hybridization, and the Yangtze sturgeon for resources (Xiong et trade in Yangtze sturgeon from 1975 to regulations that do exist are not al. 2015, pp. 657–658). Although 2017 (CITES 2019). International trade enforced. In particular, non-native hybridization is likely occurring all aquaculture sturgeon and hybridized in CITES species is regulated via a along the Yangtze River, we currently permit system. Under Article IV of aquaculture sturgeon are escaping from do not have information on the rate of sturgeon farms into the wider river CITES, export of an Appendix-II hybridization in sturgeon in the upper specimen requires a prior grant and system (Li R. et al. 2009, p. 636). The Yangtze or how significant the effects result is a comingling of native, exotic, presentation of an export permit. Export are on the Yangtze sturgeon. Given that permits for Appendix-II specimens are and hybrid sturgeon species which hybridized sturgeons make up 69.9 could have a negative impact on the only granted if the Management percent of sturgeons found in the Authority of the State of export is Yangtze sturgeon (Shen et al. 2014, p. studied area, it is likely that sturgeon 1549; Li R. et al. 2009, p. 636). satisfied that the specimens were hybrids are competing, and will likely lawfully obtained and if the Scientific Currently, no aquaculture efforts in continue to compete, with native stocks China use native strains of sturgeon. Authority of the State of export has for habitat and resources throughout the advised that the trade is not detrimental Because no farms in China focus on Yangtze River system. raising native stock in large enough to the survival of the species in the numbers, this system creates shortages Management Efforts wild. For any living specimen, the of parental stock of native sturgeon. In As a result of overfishing and the Management Authority of the State of response to this shortage, farmers construction of Gezhouba Dam in 1981, export must also be satisfied that the crossbreed wild-caught sturgeon with the population of Yangtze sturgeon has specimen will be so prepared and any sturgeon species available, continued to decline (Du et al. 2014, p. shipped as to minimize the risk of including nonnative species (Xiong et 1; Wu et al. 2014, p. 1; Zhang H. et al. injury, damage to health, or cruel al. 2015, p. 658; Li R. et al. 2009, p. 2011, p. 181). In response to the decline treatment. Re-export of an Appendix-II 636). For example, in 2006, there was a of the species, national and local specimen requires the prior grant and shortage of Siberian sturgeon (Acipenser officials have embarked on a number of presentation of a re-export certificate, baerii) in China. Farmers then started initiatives to help conserve the species. which is only granted if the crossbreeding Siberian sturgeon with These initiatives include increasing Management Authority of the State of Russian sturgeon (A. gueldenstaedtii), legal protection for the Yangtze re-export is satisfied that the specimen Sterlet sturgeon (A. ruthenus), and sturgeon, creating and designating part was imported into that State in Amur sturgeon (A. schrenckii) (Li R. et of the species’ range as a protected area, accordance with CITES and, for any al. 2009, p. 636). Crossbreeding of and repopulating the species in the wild living specimen, that the specimen will sturgeon species in China alters the through restocking (Zhang H. et al. be so prepared and shipped as to makeup of the wild population. Of the 2011, p. 181; Fan et al. 2006, p. 35; Wei minimize the risk of injury, damage to 221 young sturgeons captured on the et al. 2004, p. 322). health, or cruel treatment. Certain Yangtze River in 2006, 153 were exemptions and other special provisions hybrids, which accounted for 69.9 Legal Protections relating to trade in CITES specimens are percent of total sturgeons caught (Li R. In response to the decline of the also provided in Article VII of CITES. In et al. 2009, p. 636). This information Yangtze sturgeon, in 1989, China’s State the United States, CITES is

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implemented through the Act and on the upper Yangtze River on the 2011, p. 1500; Dudgeon 2010, p. 129). regulations at 50 CFR part 23. reaches between Xiangjiaba Dam and The reserve, now renamed the National Additionally, since 2003, a fishing the city of Chongqing. This reserve is Natural Reserve Area of Rare and ban on all fish species has been intended to protect 3 imperiled fish Special Fishes of the Upper Yangtze implemented in the upper Yangtze species, the Yangtze sturgeon, the River, encompasses the reaches below River from February 1 to April 30. Chinese paddlefish (Psephurus gladius), the Xiangjiaba Dam from Yibin to Starting in 2017, the fishing ban was and the Chinese high-fin banded shark Chongqing, as well as the tributaries changed and extended from March to (Myxocyprinus asiaticus), as well as 37 that feed into the Yangtze (Zhang H. et June (Du 2017, pers. comm.). One of the other endemic fish species (Fan et al. al. 2011, p. 182; Fan et al. 2006, p. 35). effects of this ban is a reduction in the 2006, p. 35). In 2005, the reserve was The redrawing of the area of the reserve bycatch of Yangtze sturgeon, as the time expanded to mitigate the impact from to accommodate the construction of period of the ban coincides with the current and future dam constructions Xiangjiaba Dam lends further evidence spawning season of the Yangtze (Zhang H. et al. 2011, pp. 181–182). that local governments are prioritizing sturgeon (Chen D. et al. 2012, p. 532; While the reserve plays an important growth over environmental impacts. Chen D. et al. 2009, p. 348). role in protecting wildlife within its The construction of the Xiangjiaba Dam Despite the implementation of legal borders, expansion of the hydroelectric led to the impoundment of the reach protection for the species, the current projects in the lower Jinsha River and upriver, which will affect the flow and regulatory mechanisms for the species upper Yangtze outside the protected sedimentation rate downstream (Cheng have several shortcomings. China area is likely to undermine the et al. 2015, p. 577; Dudgeon 2011, p. currently does not have a specialized, effectiveness of the reserve. In order to 1500). Given the lack of natural dedicated agency to manage fisheries facilitate economic growth, China has reproduction of the Yangtze sturgeon resources across the country. Riverine decentralized authority for and future impacts from the dam, it is resource management is maintained at infrastructure development from the unlikely that the current boundary of local levels, which are often located in state to local municipalities. This the reserve will be sufficient to maintain major population centers, far away from decentralized model has resulted in a wild breeding population of this the fishery resource (Chen D. et al. 2012, provincial governments prioritizing species (Kynard 2016, pers. comm.; p. 541). In the case of Yangtze sturgeon, economic growth over environmental Dudgeon 2011, p. 1500). these different jurisdictions have impacts (Dudgeon 2011, p. 1496). variations in regulation and Restocking conservation goals for the Yangtze River Since 2003, hydroelectric projects in As a result of the decline of the ecosystem, which limits the China are subject to environmental species, controlled reproduction and coordination of species-conservation assessments and approval from the release of juvenile Yangtze sturgeon has efforts and the overall effectiveness of Ministry of Environmental Protection occurred every year since 2007 (Zhang managing species conservation across (Ministry) (Dudgeon 2011, p. 1496). H. et al. 2011, p. 181). Between 2007 the Yangtze River basin (Chen D. et al. However, this approval is routinely and 2012, more than 10,000 Yangtze 2012, p. 541). ignored even by nationally owned sturgeon juveniles were released into In addition to a lack of a specialized corporations. For example, in 2004, the upper Yangtze on reaches body or other effective basin-wide China Three Gorges Corporation (CTGC) downstream from Xiangjiaba Dam (Wu conservation efforts, lack of funding is began construction of the Xiluodu Dam et al. 2014, p. 1). In 2014, restocking was a major problem for local jurisdictions. in the Lower Jinsha without obtaining started on the reaches below Gezhouba Enforcement officers often lack basic permission from the Ministry (Dudgeon Dam (Du 2017, pers. comm.). While this equipment, such as boats, to carry out 2011, pp. 1496–1497). In response, the number is relatively small in fishing regulations within the fishery Ministry suspended work on the dam in comparison with the 6 million Chinese (Chen D. et al. 2012, p. 541). 2005. However, despite initial sturgeon that have been released since Additionally, while commercial reservations about the lack of an 1983, the restocking of the Yangtze harvesting of the species is prohibited, environmental impact assessment, the sturgeon represents efforts by local and bycatch is still occurring and may still Ministry quickly compiled reports and state officials to try to maintain the be too high to sustain a wild breeding allowed the dam construction to species in the wild (Chen D. et al. 2009, population (Zhang H. et al. 2011, p. proceed (Dudgeon 2011, p. 1499). p. 349). 184). The new seasonal fishing ban Additionally, in 2009, the Ministry gave Despite the efforts to restock the implemented in 2017 has the potential the authority to build two additional Yangtze sturgeon in the wild, current to reduce bycatch (Du 2017, pers. dams on the Jinsha segment after a brief restocking efforts are unsuccessful (Wu comm.). However, the positive effects suspension (Dudgeon 2010, p. 129). et al. 2014, p. 4). No juveniles were from a fishing ban on the Yangtze River Overall, these temporary suspensions of caught 95 days after release, indicating may be limited, given the fact that entire construction have done little to slow that released sturgeon experienced a stretches of the river cannot be closed down the pace of dam development. In very high mortality rate (Wu et al. 2014, off to fishing due to the importance of addition to dam construction occurring p. 4). There are multiple possible the river to the economic well-being of outside the reserve, there was also a reasons for the limited success of riverside communities (Fan et al. 2006, case of dam construction occurring current restocking efforts, including p. 38). within the reserve. In 2011, CTGC began poor breeding and rearing techniques constructing the Xiangjiaba Dam on the that result in progeny with low survival Protected Areas Lower Jinsha. The location of this dam rates in the wild, high bycatch rate, and To offset the effects of habitat loss due was within the 500-km boundary of the loss or deterioration of remaining to dams, in 2000, China’s State National Reserve of Hejiang-Leibo habitats (Cheng et al. 2015, pp. 579–580; Department established the National Reaches. The CTGC successfully Du et al. 2014, p. 2; Shen et al. 2014, Reserve of Hejiang-Leibo Reaches of the petitioned the State Council to redraw p. 1549; Zhang H. et al. 2011, p. 184). Yangtze River for Rare and Endangered the boundaries of the reserve to exclude Thus, despite attempts to conserve the Fishes (Zhang H. et al. 2011, p. 181; Fan the section of the river where the species in the wild through restocking, et al. 2006, p. 35). The reserve is located Xiangjiaba Dam is located (Dudgeon with all the other forces acting on the

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Yangtze sturgeon, it is unlikely that factors such as habitat modification and and were incorporated into the final current restocking efforts are adequate loss, and bycatch. SSA report as appropriate. to improve the species’ condition in the We note that, by using the SSA One peer reviewer provided wild. framework to guide our analysis of the additional information on ongoing and scientific information documented in new conservation efforts on the Yangtze Stochastic (Random) Events and River. These efforts include lengthening Processes the SSA report, we have not only analyzed individual effects on the fishing bans within the species’ range Species endemic to small regions, or species, but we have also analyzed their and the commencement of restocking known from few, widely dispersed potential cumulative effects. We efforts on reaches below Gezhouba Dam. locations, are inherently more incorporate the cumulative effects into We have incorporated the new vulnerable to extinction than our SSA analysis when we characterize information into this rule. widespread species because of the the current and future condition of the We received 24 public comments on higher risk from localized stochastic species. Our assessment of the current the proposed rule to list the Yangtze (random) events and processes, such as and future conditions encompasses and surgeon as an endangered species under industrial spills and drought. These incorporates the threats individually the Act. The majority of the comments problems can be further magnified when and cumulatively. Our current and reviewed were nonsubstantive as they populations are very small, due to future condition assessment is iterative were unrelated to the rule to list the genetic bottlenecks (reduced genetic Yangtze sturgeon. The following because it accumulates and evaluates diversity resulting from fewer discussion summarizes issues and the effects of all the factors that may be individuals contributing to the species’ substantive information from public influencing the species, including overall gene pool) and random comments and provides our responses. threats and conservation efforts. demographic fluctuations (Lande 1988, Comment (1): One commenter Because the SSA framework considers pp. 1455–1458; Pimm et al. 1988, p. questioned the effectiveness of the not just the presence of the factors, but 757). Species with few populations, listing of foreign species and stated that to what degree they collectively limited geographic area, and a small the listing of foreign species can have a number of individuals face an increased influence risk to the entire species, our negative impact on conservation efforts likelihood of stochastic extinction due assessment integrates the cumulative for foreign species undertaken by to changes in demography, the effects of the factors and replaces a private entities. environment, genetics, or other factors, standalone cumulative effects analysis. Our Response: The decision to list a in a process described as an extinction Summary of Comments and species under the Act is based on vortex (a mutual reinforcement that Recommendations whether the species meets the definition occurs among biotic and abiotic of an endangered species or a threatened processes that drives population size In the proposed rule published on species, as defined under section 3 of downward to extinction) (Gilpin and December 27, 2017 (82 FR 61230), we the Act, and is made solely on the basis Soule´ 1986, pp. 24–25). The negative requested that all interested parties of the best scientific and commercial impacts associated with small submit written comments on the data available. Additionally, we were population size and vulnerability to proposal by February 26, 2018. We also petitioned to list this species and are random demographic fluctuations or contacted appropriate Federal and State required to respond to the petition. natural catastrophes can be further agencies, scientific experts and Conservation measures provided to magnified by synergistic interactions organizations, and other interested species listed as endangered or with other threats. parties and invited them to comment on threatened under the Act include The Yangtze sturgeon is known from the proposal. We published a press recognition, requirements for Federal a single geographic population in the release notifying the general public of protection, and prohibitions against upper Yangtze River and its tributaries the opportunity to comment on our certain practices. Recognition through (Zhang et al. 2011, pp 181–182; Zhuang proposed rule. We did not receive any listing results in public awareness, and et al. 1997, p. 259). As a result, the requests for a public hearing. We may encourage and result in species is highly vulnerable to reviewed all comments we received conservation actions by foreign stochastic processes and is negatively from peer reviewers and the public for governments, Federal and State affected by these processes. In March substantive issues and new information. governments, private agencies and 2000, for example, the Jinguang All substantive information provided interest groups, and individuals. Listing Chemical Plant, located on the Dadu during the comment period has either under the Act can help ensure that the River (a tributary of the Yangtze River), been incorporated directly into this final United States and its citizens do not was found to be releasing yellow determination or is addressed below. contribute to the further decline of the phosphorous into the Yangtze. This Peer Reviewer Comments species. For additional information see substance is highly toxic to aquatic Available Conservation Measures, organisms, including the Yangtze As discussed in Supporting below. sturgeon (Chen D. et al. 2009, p. 343). Documents above, we received Comment (2): One commenter stated Another spill in 2006 on the Yuexi responses from two peer reviewers. We that the species should not be listed River, which also feeds into the reviewed all comments we received until more sources are included. Yangtze, involved mercury being from the peer reviewers for substantive Our Response: The Service is required released into the river (Worldwatch issues and new information regarding by the Act to make determinations Institute 2006, entire). These and other the information contained in the SSA solely on the basis of the best scientific incidents, combined with the fact that report. The peer reviewers generally and commercial data available. We the Yangtze River system is home to a concurred with our methods and based this final rule on all the large number of chemical plants, suggest conclusions, and provided additional information we received following the that the risk of industrial spills is quite information, clarifications, and publication of the proposed rule, as well high. Therefore, stochastic processes suggestions to improve the final SSA as all of the information we found will have negative impacts on the report. Peer reviewer comments are during our own research. At this time, species in combination with other addressed in the following summary we consider the information we

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compiled to be the best available The combined effects of dams and (5) Stochastic events, such as information. The information we riverbed modification on the Yangtze industrial spills or drought, can reduce received during the proposed rule’s River have resulted in the loss and the survival rate of the species. comment period has been incorporated reduction in quality of remaining We find that the Yangtze sturgeon is into this final rule, as appropriate. habitat for the species (Factor A). presently in danger of extinction Despite conservation efforts throughout its range based on the Determination of Yangtze Sturgeon severity and immediacy of threats Status undertaken by local and national authorities, such as fishing bans and currently adversely affecting the Section 4 of the Act (16 U.S.C. 1533) restocking, current efforts do not appear species. The populations and and its implementing regulations (50 to be successful in conserving the distributions of the species have been CFR part 424) set forth the procedures species. No natural reproduction has significantly reduced to the point where for determining whether a species meets been documented in the wild since 2008 there is low to no current reproduction the definition of an endangered species (Wu et al. 2014, p. 1). Additionally, in the wild, which is indicative of a very or a threatened species. The Act defines restocked juvenile sturgeon experience high risk of extinction, and the an ‘‘endangered species’’ as a species very high mortality rates due to a high remaining habitat and populations are at that is in danger of extinction bycatch rate and an inability to survive risk due to a variety of factors acting throughout all or a significant portion of in wild conditions (Du et al. 2014, p. 1; alone and in combination to reduce the its range, and a ‘‘threatened species’’ as Wu et al. 2014, p. 4). overall viability of the species. a species that is likely to become an Industrial pollution, and After evaluating threats to the species endangered species within the hybridization with displaced native and and assessing the cumulative effect of foreseeable future throughout all or a nonnative sturgeon species, are also the threats under the section 4(a)(1) significant portion of its range. The Act acting on the species (Factor E). factors, we find the following factors to requires that we determine whether a Although we do not have information be threats to this species (i.e., factors species meets the definition of on the impact of industrial pollution on contributing to the risk of extinction of ‘‘endangered species’’ or ‘‘threatened the species in the wild, there are high this species): Loss and modification of species’’ because of any of the following habitat due to dams and riverbed concentrations of TPT and EDC in the factors: (A) The present or threatened expansion (Factor A); bycatch (Factor Yangtze River, and studies in a destruction, modification, or E); and cumulative effects (Factor E) of laboratory environment found that these curtailment of its habitat or range; (B) these and other threats, including pollutants can reduce the reproductive overutilization for commercial, industrial pollution and hybridization. success rate of adult sturgeon (Hu et al. recreational, scientific, or educational Furthermore, current legal and 2009, p. 9342; An and Hu 2006, pp. purposes; (C) disease or predation; (D) management efforts over these practices 379–380). While we do not have data on the inadequacy of existing regulatory are inadequate to conserve the species the hybridization of Yangtze sturgeon mechanisms; or (E) other natural or (Factor D). Thus, after assessing the best with other species, surveys conducted manmade factors affecting its continued available information, we conclude that existence. in the lower Yangtze River found that Yangtze sturgeon is in danger of 69.9 percent of sturgeon species caught extinction throughout all of its range. Yangtze Sturgeon Status Throughout All were hybrids (Li R. et al. 2009, p. 636). We find that a threatened species status of Its Range The results suggest that industrial is not appropriate for this species We have carefully assessed the best pollution and hybridization, in tandem because of its restricted range, limited scientific and commercial information with other factors, are adversely distribution, and vulnerability to available on the Yangtze sturgeon. affecting the species. extinction, and because the threats are While we do not know the exact Therefore, for the following reasons, ongoing throughout its range at a level population size of the Yangtze sturgeon, we conclude that this species has been that places this species in danger of the species was historically abundant and continues to be significantly extinction now. enough to be commercially viable up to reduced to the extent that the viability the 1970s, after which it experienced a of the Yangtze sturgeon is significantly Yangtze Sturgeon Status Throughout a significant decline (Kynard et al. 2003, compromised: Significant Portion of Its Range p. 27). Loss of individuals due to (1) The species is limited to a single Under the Act and our implementing overharvesting by fishermen on the geographic population in the upper regulations, a species may warrant Yangtze (Factor B) is the main factor Yangtze River main stem and its listing if it is in danger of extinction or that contributed to the historical decline tributaries. There is also some evidence likely to become so in the foreseeable of the species. Subsequent construction of a small remnant population in the future throughout all or a significant of dams on the Yangtze prevented the middle Yangtze. portion of its range. We have migration in the middle Yangtze and (2) Loss of habitat and connectivity determined that the Yangtze sturgeon is lower Jinsha, which has prevented between the spawning and feeding in danger of extinction throughout all of recovery of the species in these areas reaches due to dam construction and its range, and accordingly, did not (Miao et al. 2015, p. 2351; Wu et al. operation is having a significant adverse undertake an analysis of any significant 2014, p. 2; Dudgeon 2010, p. 128; Fang effect on the species, which appears to portions of its range. Because we have et al. 2006, p. 375; Zhuang et al. 1997, have low to no reproduction in the wild. determined that the Yangtze sturgeon p. 261). Additionally, dams affect the (3) The cumulative effects of habitat warrants listing as endangered quality of the species’ habitat through modification and loss due to dams and throughout all of its range, our changes in discharge, temperature, and riverbed projects, bycatch, industrial determination is consistent with the sedimentation rate (Zhang G. et al. 2012, pollution, and hybridization are decision in Center for Biological p. 445; Du et al. 2011, p. 262; Chen Z. adversely affecting the species. Diversity v. Everson, 2020 WL 437289 et al. 2001, p. 90). In addition to dams, (4) Current restocking and (D.D.C. Jan. 28, 2020), in which the the species’ habitat is also adversely management efforts are inadequate to court vacated the aspect of the Final affected by riverbed modification to maintain the species’ presence in the Policy on Interpretation of the Phrase accommodate increasing boat traffic. wild. ‘‘Significant Portion of Its Range’’ in the

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Endangered Species Act’s Definitions of regulations at 50 CFR 402.02 as all We may issue permits to carry out ‘‘Endangered Species’’ and ‘‘Threatened activities or programs of any kind otherwise prohibited activities Species’’ (79 FR 37578; July 1, 2014) authorized, funded, or carried out, in involving endangered wildlife under that provided the Services do not whole or in part, by Federal agencies in certain circumstances. Regulations undertake an analysis of significant the United States or upon the high seas. governing permits for endangered portions of a species’ range if the With respect to this species, there are no wildlife are codified at 50 CFR 17.22, species warrants listing as threatened ‘‘actions’’ known to require consultation and general Service permitting throughout all of its range. under section 7(a)(2) of the Act. Given regulations are codified at 50 CFR part the regulatory definition of ‘‘action,’’ 13. With regard to endangered wildlife, Determination of Status which clarifies that it applies to a permit may be issued for the following Our review of the best available activities or programs ‘‘in the United purposes: For scientific purposes, to scientific and commercial information States or upon the high seas,’’ the enhance the propagation or survival of indicates that the Yangtze sturgeon Yangtze sturgeon is unlikely to be the the species, and for incidental take in meets the definition of an endangered subject of section 7 consultations, connection with otherwise lawful species. Therefore, we are listing the because the entire life cycle of the activities. The Service may also register Yangtze sturgeon as an endangered species occurs in freshwater and persons subject to the jurisdiction of the species in accordance with sections 3(6) nearshore marine areas outside of the United States through its captive-bred- and 4(a)(1) of the Act. United States unlikely to be affected by wildlife (CBW) program if certain Available Conservation Measures U.S. Federal actions. Additionally, no established requirements are met under critical habitat will be designated for the CBW regulations (50 CFR 17.21(g)). Conservation measures provided to this species because, under 50 CFR Through a CBW registration, the Service species listed as endangered or 424.12(g), we will not designate critical may allow a registrant to conduct threatened species under the Act habitat within foreign countries or in certain otherwise prohibited activities include recognition, recovery actions, other areas outside of the jurisdiction of under certain circumstances to enhance requirements for Federal protection, and the United States. the propagation or survival of the prohibitions against certain practices. Section 8(a) of the Act (16 U.S.C. affected species: Take; export or re- Recognition through listing results in 1537(a)) authorizes the provision of import; deliver, receive, carry, transport public awareness, and encourages and limited financial assistance for the or ship in interstate or foreign results in conservation actions by development and management of commerce, in the course of a Federal, State, Tribal, and local programs that the Secretary of the commercial activity; or sell or offer for agencies, foreign governments, private Interior determines to be necessary or sale in interstate or foreign commerce. A organizations, and individuals. The Act useful for the conservation of CBW registration may authorize encourages cooperation with the States endangered or threatened species in interstate purchase and sale only and other countries and calls for foreign countries. Sections 8(b) and 8(c) between entities that both hold a recovery actions to be carried out for of the Act (16 U.S.C. 1537(b) and (c)) registration for the taxon concerned. listed species. The protection required authorize the Secretary to encourage The CBW program is available for by Federal agencies and the prohibitions conservation programs for foreign listed species having a natural geographic against certain activities are discussed, species, and to provide assistance for distribution not including any part of in part, below. such programs, in the form of personnel the United States and other species that Section 7(a) of the Act requires and the training of personnel. the Director has determined to be Federal agencies to evaluate their The Act and its implementing eligible by regulation. The individual actions with respect to any species that regulations set forth a series of general specimens must have been born in is proposed or listed as an endangered prohibitions and exceptions that apply captivity in the United States. There are or threatened species and with respect to all endangered wildlife. The also certain statutory exemptions from to its critical habitat, if any is prohibitions of section 9(a)(1) of the Act, the prohibitions, which are found in designated. Regulations implementing codified at 50 CFR 17.21, make it illegal sections 9 and 10 of the Act. this interagency cooperation provision for any person subject to the jurisdiction It is our policy, as published in the of the Act are codified at 50 CFR part of the United States to import; export; Federal Register on July 1, 1994 (59 FR 402. Section 7(a)(4) of the Act requires deliver, receive, carry, transport, or ship 34272), to identify to the maximum Federal agencies to confer with the in interstate or foreign commerce, by extent practicable at the time a species Service on any action that is likely to any means whatsoever and in the course is listed, those activities that would or jeopardize the continued existence of a of commercial activity; or sell or offer would not constitute a violation of species proposed for listing or result in for sale in interstate or foreign section 9 of the Act. The intent of this destruction or adverse modification of commerce any species listed as an policy is to increase public awareness of proposed critical habitat. If a species is endangered species. In addition, it is the effect of a final listing on proposed listed subsequently, section 7(a)(2) of unlawful to take (which includes harass, and ongoing activities within the range the Act requires Federal agencies to harm, pursue, hunt, shoot, wound, kill, of a listed species. Based on the best ensure that activities they authorize, trap, capture, or collect; or to attempt available information, the following fund, or carry out are not likely to any of these) endangered wildlife within actions are unlikely to result in a jeopardize the continued existence of the United States or on the high seas. It violation of section 9, if these activities the species or destroy or adversely is also illegal to possess, sell, deliver, are carried out in accordance with modify its critical habitat. If a Federal carry, transport, or ship, by any means existing regulations and permit action may affect a listed species or its whatsoever any such wildlife that has requirements; this list is not critical habitat, the responsible Federal been taken illegally. Certain exceptions comprehensive: agency must enter into consultation apply to employees of the Service, the (1) Take of the Yangtze sturgeon in its with the Service. National Marine Fisheries Service native range; and An ‘‘action’’ that is subject to the (NMFS), other Federal land (2) Trade in the Yangtze sturgeon and consultation provisions of section management agencies, and State its products that is both outside the 7(a)(2) is defined in our implementing conservation agencies. United States and conducted by persons

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not subject to U.S. jurisdiction (although environmental impact statements, as recordkeeping requirements, this activity would still be subject to defined under the authority of the Transportation. CITES requirements). National Environmental Policy Act (42 Separate from its final listing as an U.S.C. 4321 et seq.), need not be Regulation Promulgation endangered species, as a CITES-listed prepared in connection with listing a Accordingly, we amend part 17, species, all international trade of species as an endangered or threatened subchapter B of chapter I, title 50 of the Yangtze sturgeon by persons subject to species under the Endangered Species Code of Federal Regulations, as set forth the jurisdiction of the United States Act. We published a notice outlining below: must also comply with CITES our reasons for this determination in the requirements pursuant to section 9(c) Federal Register on October 25, 1983 PART 17—ENDANGERED AND and 9(g) of the Act and to 50 CFR part (48 FR 49244). THREATENED WILDLIFE AND PLANTS 23. Applicable wildlife import/export References Cited requirements established under section ■ 9(d) through 9(f) of the Act, the Lacey A complete list of references cited in 1. The authority citation for part 17 Act Amendments of 1981 (16 U.S.C. this rulemaking is available on the continues to read as follows: 3371 et seq.), and 50 CFR part 14 must internet at http://www.regulations.gov Authority: 16 U.S.C. 1361–1407; 1531– also be met for Yangtze sturgeon and upon request from the Branch of 1544; and 4201–4245, unless otherwise imports and exports. Questions Delisting and Foreign Species, noted. regarding whether specific activities Ecological Services (see FOR FURTHER would constitute a violation of section INFORMATION CONTACT). ■ 2. Amend § 17.11(h) by adding an 9 of the Act should be directed to the Authors entry for ‘‘Sturgeon, Yangtze’’ to the List Branch of Delisting and Foreign Species of Endangered and Threatened Wildlife The primary authors of this final rule (see FOR FURTHER INFORMATION CONTACT). in alphabetical order under FISHES to are the staff members of the Branch of read as follows: Required Determinations Delisting and Foreign Species, Ecological Services, Falls Church, VA. National Environmental Policy Act (42 § 17.11 Endangered and threatened U.S.C. 4321 et seq.) List of Subjects in 50 CFR Part 17 wildlife. We have determined that Endangered and threatened species, * * * * * environmental assessments and Exports, Imports, Reporting and (h) * * *

Common name Scientific name Where listed Status Listing citations and applicable rules

*******

FISHES

******* Sturgeon, Acipenser Wherever found .. E ...... 86 FR [insert Federal Register page where the document begins], 4/ Yangtze. dabryanus. 26/2021.

*******

Martha Williams, Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: Principal Deputy Director, Exercising the Commerce. Spencer Talmage, Fishery Management Delegated Authority of the Director, U.S. Fish Specialist, 978–281–9232. and Wildlife Service. ACTION: Temporary rule; possession and trip limit implementation. SUPPLEMENTARY INFORMATION: The [FR Doc. 2021–08466 Filed 4–23–21; 8:45 am] Northeast Multispecies Fishery BILLING CODE 4333–15–P SUMMARY: This action implements Management Plan (FMP) regulations measures for the Northeast multispecies give the Regional Administrator the authority to implement certain types of DEPARTMENT OF COMMERCE fishery for the 2021 fishing year. This action is necessary to ensure that the management measures for the common National Oceanic and Atmospheric Northeast multispecies common pool pool fishery, the U.S./Canada Administration fishery may achieve the optimum yield Management Area, and Special for the relevant stocks, while controlling Management Programs. This action 50 CFR Part 648 catch to help prevent in-season closures implements a number of these or quota overages. These measures management measures for the 2021 fishing year, effective May 1, 2021. [Docket No. 200723–0199; RTID 0648– include possession and trip limits, the XA979] allocation of zero trips into the Closed Common Pool Trip Limits Area II Yellowtail Flounder/Haddock The regulations at § 648.86(o) give the Fisheries of the Northeastern United Special Access Program for common Regional Administrator the authority to States; Northeast Multispecies pool vessels to target yellowtail implement or adjust a per-Day-at-Sea Fishery; Common Pool Fishery and flounder, and the closure of the Regular (DAS) possession limit and/or a Other Measures for Fishing Year 2021 B Days-at-Sea Program. maximum trip limit in order to prevent AGENCY: National Marine Fisheries DATES: Effective at 0001 hours on May exceeding the common pool sub-annual Service (NMFS), National Oceanic and 1, 2021, through April 30, 2022. catch limit (sub-ACL) in that fishing

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year. The possession and trip limits For Handgear A and Handgear B flounder, combined, per trip. implemented for the start of the 2021 vessels, possession and trip limits for Additionally, for these vessels, the trip fishing year are included in Tables 1 Georges Bank (GB) and Gulf of Maine limit for all stocks is equal to the and 2 below. These possession and trip (GOM) cod are tied to the possession landing limits per DAS applicable to limits were developed based on the and trip limits for groundfish DAS multispecies DAS vessels. This is common pool sub-ACLs set by vessels. The default cod trip limit is 300 necessary to ensure that the trip limit Framework Adjustment 59 to the FMP lb (136 kg) for Handgear A vessels and applicable to the Small Vessel category (85 FR 45794, July 30, 2020) that will be 75 lb (34 kg) for Handgear B vessels. If permit is consistent with the trip limits in effect on May 1, 2021. We considered the GOM or GB cod limit for vessels for other common pool vessels, as preliminary 2021 sector rosters, fishing on a groundfish DAS drops described above. expected common pool participation, below 300 lb (136 kg), then the respective Handgear A cod trip limit Weekly quota monitoring reports for and common pool fishing activity in must be reduced to the same limit. the common pool fishery can be found previous fishing years. We also took into Similarly, the Handgear B trip limit on our website at: https:// account uncertainty arising from our must be adjusted proportionally to the www.greateratlantic.fisheries.noaa.gov/ pending consideration of Framework 61 DAS limit (rounded up to the nearest 25 ro/fso/reports/h/nemultispecies.html. for potential approval. Based on that lb (11 kg)). In accordance with this We will continue to monitor common information, we project that these process, the Handgear A and Handgear pool catch through vessel trip reports, adjustments will facilitate optimized B possession and trip limits for GB and dealer-reported landings, vessel harvest of the common pool quotas, GOM cod are as listed below in Table monitoring system catch reports, and while preventing early trimester 2. other available information and, if closures, and preventing catch from Vessels with a Small Vessel category necessary, we will make additional exceeding the 2021 fishing year sub- permit can possess up to 300 lb (136 kg) adjustments to common pool ACLs. of cod, haddock, and yellowtail management measures.

TABLE 1—2021 FISHING YEAR COMMON POOL POSSESSION AND TRIP LIMITS

Stock 2021 trip limit

GB Cod (outside Eastern U.S./Canada Area); GB Cod (inside Eastern 400 lb (181.4 kg) per DAS, up to 800 lb (362.9 kg) per trip. U.S./Canada Area). GB Cod [Closed Area II Yellowtail Flounder/Haddock SAP (for targeting 500 lb (226.8 kg) per trip. haddock)]. GOM Cod ...... 100 lb (45.4 kg) per DAS, up to 200 lb (90.7 kg) per trip. GB Haddock ...... 100,000 lb (45,359.2 kg) per trip. GOM Haddock ...... 2,000 lb (907.2 kg) per DAS, up to 4,000 lb (1,814.4 kg) per trip. GB Yellowtail Flounder ...... 100 lb (45.4 kg) per trip. Southern New England/Mid-Atlantic (SNE/MA) Yellowtail Flounder ...... 100 lb (45.4 kg) per DAS, up to 200 lb (90.7 kg) per trip. Cape Cod (CC)/GOM Yellowtail Flounder ...... 1,000 lb (453.6 kg) per DAS, up to 2,000 lb (907.2 kg) per trip. American plaice ...... 2,000 lb (907.2 kg) per DAS, up to 4,000 lb (1,814.4 kg) per trip. Witch Flounder ...... 1,500 lb (680.4 kg) per trip. GB Winter Flounder ...... 250 lb (113.4 kg) per trip. GOM Winter Flounder ...... 250 lb (113.4 kg) per trip. SNE/MA Winter Flounder ...... 2,000 lb (907.2 kg) per DAS, up to 4,000 lb (1,814.4 kg) per trip. Redfish ...... Unlimited. White hake ...... 1,500 lb (680.4 kg) per trip. Pollock ...... Unlimited. Atlantic Halibut ...... 1 fish per trip. Windowpane Flounder ...... Possession Prohibited. Ocean Pout Atlantic Wolffish. Note: Minimum fish sizes apply for many groundfish species, but are not included in this rule. Please see 50 CFR 648.83 for applicable minimum fish sizes.

TABLE 2—2021 FISHING YEAR COD TRIP LIMITS FOR HANDGEAR A, HANDGEAR B, AND SMALL VESSEL CATEGORY PERMITS

Permit Initial 2021 trip limit

Handgear A GOM Cod ...... 100 lb (45.4 kg) per trip. Handgear A GB Cod ...... 300 lb (136.1 kg) per trip. Handgear B GOM Cod ...... 25 lb (11 kg) per trip. Handgear B GB Cod ...... 25 lb (11 kg) per trip. Small Vessel Category ...... 300 lb (136.1 kg) of cod, haddock, and yellowtail flounder combined; additionally, vessels are limited to the common pool DAS limit for all stocks.

Table 3 includes the initial common trimester TACs are based on preliminary 2020 fishing year (April 30, 2021) to pool trimester total allowable catches sector rosters. However, individual drop out of a sector and fish in the (TAC) for fishing year 2021. These permit holders have until the end of the common pool fishery for the 2021

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fishing year. Therefore, it is possible announced as soon as possible in the Council in Framework Adjustment 61. If that the sector and common pool catch 2021 fishing year to reflect the final approved, that rule would make limits, including the trimester TACs, sector rosters as of May 1, 2021. We are additional changes to common pool sub- may change due to changes in sector working to publish a proposed rule to ACLs. There could be additional rosters. If changes to sector rosters request comment on updated 2021 changes to common pool possession and occur, updated catch limits and/or specifications as recommended by the trip limits as a result. possession and trip limits will be New England Fishery Management

TABLE 3—INITIAL COMMON POOL TRIMESTER TOTAL ALLOWABLE CATCHES FOR FISHING YEAR 2021 [Mt, live weight]

Trimester total allowable catches Stock Trimester 1 Trimester 2 Trimester 3

GB Cod ...... 8.8 10.7 11.9 GOM Cod ...... 4.3 2.9 1.6 GB Haddock ...... 385.5 471.2 571.1 GOM Haddock ...... 69.8 67.2 121.5 GB Yellowtail Flounder ...... 0.6 1.0 1.7 SNE/MA Yellowtail Flounder ...... 0.6 0.8 1.5 CC/GOM Yellowtail Flounder ...... 18.0 8.2 5.4 American Plaice ...... 52.6 5.7 12.8 Witch Flounder ...... 19.5 7.1 8.9 GB Winter Flounder ...... 1.7 5.0 14.2 GOM Winter Flounder ...... 1.9 1.9 1.3 Redfish ...... 12.8 15.8 22.4 White Hake ...... 9.3 7.6 7.6 Pollock ...... 53.2 66.5 70.3

Closed Area II Yellowtail Flounder/ flounder caught outside of the SAP. flounder sub-ACL would reduce the Haddock Special Access Program Allocating trips to target yellowtail number of potential trips in the Closed The regulations at § 648.85(b)(3)(vii) flounder in the Closed Area II Area II yellowtail Flounder/Haddock provide the Regional Administrator Yellowtail Flounder/Haddock SAP is SAP. As a result, we do not expect that with authority to determine the total discretionary if the available GB the final rule implementing Framework number of common pool trips that may yellowtail flounder catch is insufficient 61 would allocate trips to the SAP to be declared into the Closed Area II to support at least 150 trips with a target yellowtail flounder. 15,000-lb (6,804-kg) trip limit, for a total Yellowtail Flounder/Haddock Special Regular B DAS Program Access Program (SAP) to target catch of 2,250,000 lb (1,020,600 kg). yellowtail flounder. This action This calculation considers projected The regulations at § 648.85(b)(6)(vi) allocates zero trips for common pool catch from all vessels from the area authorize the Regional Administrator to vessels to target yellowtail flounder outside the SAP. Based on the fishing close the Regular B DAS program by within the Closed Area II Yellowtail year 2021 GB yellowtail flounder prohibiting the use of Regular B DAS Flounder/Haddock SAP for fishing year groundfish sub-ACL implemented by when the continuation of the program 2021. As a result, this SAP is only open Framework Adjustment 59 of 209,439 lb would undermine the achievement of to target haddock, from August 1, 2021, (95,000 kg), there is insufficient GB the objectives of the Northeast through January 31, 2022. Northeast yellowtail flounder to allocate any trips Multispecies FMP or the Regular B DAS multispecies vessels fishing in the SAP to the SAP. Further, given the low GB Program. One reason for terminating the must fish with a haddock separator yellowtail flounder catch limit, catch program is an inability to constrain trawl, a Ruhle trawl, or hook gear. rates outside of this SAP are more than common pool catches to the Incidental Vessels may not fish in this SAP using adequate to fully harvest the 2021 GB Catch TACs. flounder trawl nets. yellowtail flounder allocation. Framework Adjustment 59 The Regional Administrator has the We are working to publish a proposed implemented Common Pool Incidental authority to determine the allocation of rule to request comments on Framework Catch TACs for the Regular B DAS the total number of trips into the Closed 61 measures. If approved, Framework 61 Program for the 2021 fishing year (Table Area II Yellowtail Flounder/Haddock would implement a 2021 GB yellowtail 4). These TACs are further divided into SAP based on several criteria, including flounder sub-ACL that is reduced Quarterly Incidental Catch TACs to be the GB yellowtail flounder catch limit compared to the Framework 59 sub- monitored and managed during each and the amount of GB yellowtail ACL. A reduction in the GB yellowtail calendar quarter.

TABLE 4—FISHING YEAR TOTAL AND QUARTERLY INCIDENTAL CATCH TACS FOR THE REGULAR B DAS PROGRAM [Mt, live weight]

Total Quarterly incidental incidental catch TAC Stock catch TAC 1st quarter 2nd quarter 3rd quarter 4th quarter 2021 (13%) (29%) (29%) (29%)

GB Cod ...... 0.32 0.04 0.09 0.09 0.09

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TABLE 4—FISHING YEAR TOTAL AND QUARTERLY INCIDENTAL CATCH TACS FOR THE REGULAR B DAS PROGRAM— Continued [Mt, live weight]

Total Quarterly incidental incidental catch TAC Stock catch TAC 1st quarter 2nd quarter 3rd quarter 4th quarter 2021 (13%) (29%) (29%) (29%)

GOM Cod ...... 0.09 0.01 0.03 0.03 0.03 GB Yellowtail Flounder ...... 0.03 0.00 0.01 0.01 0.01 CC/GOM Yellowtail Flounder ...... 0.32 0.04 0.09 0.09 0.09 American Plaice ...... 3.56 0.46 1.03 1.03 1.03 Witch Flounder ...... 1.77 0.23 0.51 0.51 0.51 SNE/MA Winter Flounder ...... 0.00 0.00 0.00 0.00 0.00

Given that the Incidental Catch TACs pool vessels in order to prevent the industry has sufficient notice in order to allocated to the Regular B DAS Program overharvest or underharvest of the plan their activities in the new fishing for several stocks are very small, in- pertinent common pool quotas. This year. This action occurs annually, and season management of the Regular B action sets the initial common pool industry participants are accustomed to DAS Program is likely to be extremely possession and trip limits on May 1, it and expect its timely implementation. difficult and impractical. 2021, for the 2021 fishing year. The Given the low quota for GB yellowtail Implementation of an in-season action possession and trip limits implemented flounder in recent years, no trips have to close the Regular B DAS Program through this action help to ensure that been allocated to this SAP from fishing once a Quarterly Incidental Catch TAC the Northeast multispecies common year 2010 to fishing year 2021. for a stock has been reached would not pool fishery may achieve the optimum The regulations at § 648.85(b)(6)(vi) be possible to complete quickly enough yield for the relevant stocks, while authorize the Regional Administrator to to prevent further catch of that stock. controlling catch to help prevent in- close the Regular B DAS program by As a result, it is unlikely that we can season closures or quota overages. Delay prohibiting the use of Regular B DAS effectively limit catch to the Incidental of this action would leave the common when the continuation of the program pool fishery with the possession and Catch TACs during fishing year 2021, would undermine the achievement of trip limits found in § 648.86, which are and project that continuation of the the objectives of the Northeast too high to control catch. This would program would undermine the Multispecies FMP or the Regular B DAS likely lead to early closure of a trimester achievement of the objectives of the Program. The Regular B DAS program and quota overages. Any overage of the Northeast Multispecies FMP and the closure implemented through this quota for either of the first two Regular B DAS Program. The Regular B action will prevent an overage of the trimesters must be deducted from the DAS Program will be closed and use of Incidental Catch TACs. Delay of this Trimester 3 quota, which could Regular B DAS is prohibited for the action would provide vessel owners an substantially disrupt the trimester 2021 fishing year, through April 30, opportunity to participate in the Regular 2022. This applies to all vessels issued structure and intent to distribute the fishery across the entire fishing year. An B DAS Program, but participation and a limited access Northeast multispecies catch in the program may cause the permit. overage reduction in Trimester 3 would further reduce fishing opportunities for allocation to be exceeded. Classification common pool vessels and likely result For the reasons above, delay of this This action is authorized by 50 CFR in early closure of Trimester 3. action for prior notice and the part 648 and is exempt from review Additionally, any overage of the annual opportunity for public comment and the under Executive Order 12866. quota would be deducted from common 30-day delayed effectiveness period The Assistant Administrator for pool’s quota for the next fishing year, to would undermine management Fisheries, NOAA, finds good cause the detriment of this stock. objectives of the FMP and cause pursuant to 5 U.S.C. 553(b)(B) and 5 The regulations at § 648.85(b)(3)(vii) unnecessary negative economic impacts U.S.C. 553(d)(3) to waive prior notice require that the Regional Administrator to the common pool fishery. and the opportunity for public comment announce the total number of allowed Authority: 16 U.S.C. 1801 et seq. and the 30-day delayed effectiveness trips by common pool vessels that may period because it would be contrary to be declared into the Closed Area II Dated: April 21, 2021. the public interest. Yellowtail Flounder/Haddock SAP on Jennifer M. Wallace, The regulations at § 648.86(o) or about June 1. We have included the Acting Director, Office of Sustainable authorize the Regional Administrator to announcement in this in-season action Fisheries, National Marine Fisheries Service. adjust the Northeast multispecies to meet this regulatory requirement. [FR Doc. 2021–08628 Filed 4–21–21; 4:15 pm] possession and trip limits for common Doing so ensures that the fishing BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 86, No. 78

Monday, April 26, 2021

This section of the FEDERAL REGISTER For service information identified in summarizing each substantive verbal contains notices to the public of the proposed this NPRM, contact Airbus Helicopters, contact received about this NPRM. issuance of rules and regulations. The 2701 N Forum Drive, Grand Prairie, TX Confidential Business Information purpose of these notices is to give interested 75052; phone: 972–641–0000 or 800– persons an opportunity to participate in the 232–0323; fax: 972–641–3775; or at CBI is commercial or financial rule making prior to the adoption of the final information that is both customarily and rules. https://www.airbus.com/helicopters/ services/technical-support.html. You actually treated as private by its owner. may view this service information at the Under the Freedom of Information Act DEPARTMENT OF TRANSPORTATION FAA, Office of the Regional Counsel, (FOIA) (5 U.S.C. 552), CBI is exempt Southwest Region, 10101 Hillwood from public disclosure. If your Federal Aviation Administration Pkwy., Room 6N–321, Fort Worth, TX comments responsive to this NPRM 76177. For information on the contain commercial or financial 14 CFR Part 39 availability of this material at the FAA, information that is customarily treated call (817) 222–5110. as private, that you actually treat as [Docket No. FAA–2021–0335; Project private, and that is relevant or Identifier MCAI–2020–01665–R] Examining the AD Docket responsive to this NPRM, it is important RIN 2120–AA64 You may examine the AD docket at that you clearly designate the submitted https://www.regulations.gov by comments as CBI. Please mark each Airworthiness Directives; Airbus searching for and locating Docket No. page of your submission containing CBI Helicopters Deutschland GmbH FAA–2021–0335; or in person at Docket as ‘‘PROPIN.’’ The FAA will treat such Helicopters Operations between 9 a.m. and 5 p.m., marked submissions as confidential under the FOIA, and they will not be AGENCY: Federal Aviation Monday through Friday, except Federal placed in the public docket of this Administration (FAA), DOT. holidays. The AD docket contains this NPRM. Submissions containing CBI NPRM, the Luftfahrt-Bundesamt AD, ACTION: Notice of proposed rulemaking should be sent to Kathleen Arrigotti, any comments received, and other (NPRM). Aerospace Engineer, Large Aircraft information. The street address for Section, International Validation SUMMARY: The FAA proposes to adopt a Docket Operations is listed above. new airworthiness directive (AD) for all Branch, FAA, 2200 South 216th St., Des FOR FURTHER INFORMATION CONTACT: Airbus Helicopters Deutschland GmbH Moines, WA 98198; phone and fax: 206– Kathleen Arrigotti, Aerospace Engineer, MBB–BK 117 A–1, MBB–BK 117 A–3, 231–3218; email: kathleen.arrigotti@ Large Aircraft Section, International MBB–BK 117 A–4, MBB–BK 117 B–1, faa.gov. Any commentary that the FAA Validation Branch, FAA, 2200 South MBB–BK 117 B–2, and MBB–BK 117 C– receives which is not specifically 216th St., Des Moines, WA 98198; 1 helicopters. This proposed AD was designated as CBI will be placed in the phone and fax: 206–231–3218; email: prompted by a report of sudden severe public docket for this rulemaking. [email protected]. vibrations and a cracked open blade Background SUPPLEMENTARY INFORMATION: trailing edge caused by a loosened lead Luftfahrt-Bundesamt, which is the inner weight. This proposed AD would Comments Invited aviation authority for Germany, has require inspections to determine if any issued German AD D–2005–115, bolted main rotor blades are installed, The FAA invites you to send any effective March 15, 2005, to correct an and replacement of the affected main written relevant data, views, or unsafe condition for Eurocopter rotor blades. The FAA is proposing this arguments about this proposal. Send Deutschland (now Airbus Helicopters AD to address the unsafe condition on your comments to an address listed Deutschland GmbH) Model MBB–BK these products. under ADDRESSES. Include ‘‘Docket No. 117 A–1, MBB–BK 117 A–3, MBB–BK DATES: The FAA must receive comments FAA–2021–0335; Project Identifier 117 A–4, MBB–BK 117 B–1, MBB–BK on this proposed AD by June 10, 2021. MCAI–2020–01665–R’’ at the beginning 117 B–2, and MBB–BK 117 C–1 ADDRESSES: You may send comments, of your comments. The most helpful helicopters. Luftfahrt-Bundesamt using the procedures found in 14 CFR comments reference a specific portion of advises that during the flight of a BK117 11.43 and 11.45, by any of the following the proposal, explain the reason for any severe vibrations suddenly occurred, methods: recommended change, and include stemming from a cracked open blade • Federal eRulemaking Portal: Go to supporting data. The FAA will consider trailing edge, which was traced to a https://www.regulations.gov. Follow the all comments received by the closing loosened lead inner weight bolt. instructions for submitting comments. date and may amend this proposal Additional inspection revealed extreme • Fax: (202) 493–2251. because of those comments. cavities of the lead weight resulting • Mail: U.S. Department of Except for Confidential Business from the bolting process, which was Transportation, Docket Operations, M– Information (CBI) as described in the performed as a repair for main rotor 30, West Building Ground Floor, Room following paragraph, and other blades with bulging in the area of the W12–140, 1200 New Jersey Avenue SE, information as described in 14 CFR lead inner weights. This condition, if Washington, DC 20590. 11.35, the FAA will post all comments not addressed, could result in loss of • Hand Delivery: Deliver to Mail received, without change, to https:// control of the helicopter. address between 9 a.m. and 5 p.m., www.regulations.gov, including any Accordingly, the Luftfahrt-Bundesamt Monday through Friday, except Federal personal information you provide. The AD requires an inspection and log card holidays. agency will also post a report review to determine if any bolted main

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rotor blades are installed, and likely to exist or develop on other course of business or by the means replacement of the affected main rotor helicopters of the same type design. identified in the ADDRESSES section. blades. Related Service Information Under 1 Proposed AD Requirements in This FAA’s Determination CFR Part 51 NPRM The FAA reviewed Eurocopter Alert These helicopters have been approved Service Bulletin No. ASB–MBB–BK117– This proposed AD would require by the aviation authority of Germany 10–125 dated February 14, 2005. This accomplishing the actions specified in and are approved for operation in the service information specifies procedures the service information already United States. Pursuant to the FAA’s for an inspection (for cracking of the described. bilateral agreement with Germany (now paint) and log card review (for a certain Costs of Compliance a member of the European Union), entry or equivalent) to determine if any Luftfahrt-Bundesamt, its technical bolted main rotor blades (i.e., main rotor The FAA estimates that this AD, if representative, has notified the FAA of blades with bolted lead inner weights) adopted as proposed, would affect 44 the unsafe condition described in its are installed, and replacement of the helicopters of U.S. Registry. Labor rates AD. The FAA is proposing this AD after affected main rotor blades. are estimated at $85 per work-hour. evaluating all known relevant This service information is reasonably Based on these numbers, the FAA information and determining that the available because the interested parties estimates the following costs to comply unsafe condition described previously is have access to it through their normal with this proposed AD.

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

3 work-hours × $85 per hour = $255 ...... $0 $255 $11,220

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

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Labor cost Parts cost Cost per product

Up to 20 work-hours × $85 per hour = $1,700 per blade (up to 4 Up to $23,100 per blade (up to 4 Up to $24,800 per blade (up to 4 blades). blades). blades).

Authority for This Rulemaking 13132. This proposed AD would not PART 39—AIRWORTHINESS Title 49 of the United States Code have a substantial direct effect on the DIRECTIVES specifies the FAA’s authority to issue States, on the relationship between the rules on aviation safety. Subtitle I, national Government and the States, or ■ 1. The authority citation for part 39 section 106, describes the authority of on the distribution of power and continues to read as follows: responsibilities among the various the FAA Administrator. Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. Aviation Programs, describes in more levels of government. detail the scope of the Agency’s For the reasons discussed, I certify § 39.13 [Amended] this proposed regulation: authority. ■ 2. The FAA amends § 39.13 by adding (1) Is not a ‘‘significant regulatory The FAA is issuing this rulemaking the following new airworthiness action’’ under Executive Order 12866, under the authority described in directive: Subtitle VII, Part A, Subpart III, Section (2) Would not affect intrastate 44701: General requirements. Under aviation in Alaska, and Airbus Helicopters Deutschland GmbH: Docket No. FAA–2021–0335; Project that section, Congress charges the FAA (3) Would not have a significant Identifier MCAI–2020–01665–R. with promoting safe flight of civil economic impact, positive or negative, aircraft in air commerce by prescribing on a substantial number of small entities (a) Comments Due Date regulations for practices, methods, and under the criteria of the Regulatory The FAA must receive comments on this procedures the Administrator finds Flexibility Act. airworthiness directive (AD) by June 10, necessary for safety in air commerce. List of Subjects in 14 CFR Part 39 2021. This regulation is within the scope of (b) Affected ADs that authority because it addresses an Air transportation, Aircraft, Aviation unsafe condition that is likely to exist or safety, Incorporation by reference, None. develop on products identified in this Safety. (c) Applicability rulemaking action. The Proposed Amendment This AD applies to all Airbus Helicopters Regulatory Findings Deutschland GmbH MBB–BK 117 A–1, MBB– Accordingly, under the authority BK 117 A–3, MBB–BK 117 A–4, MBB–BK The FAA determined that this delegated to me by the Administrator, 117 B–1, MBB–BK 117 B–2, and MBB–BK proposed AD would not have federalism the FAA proposes to amend 14 CFR part 117 C–1 helicopters, certificated in any implications under Executive Order 39 as follows: category.

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(d) Subject procedures found in 14 CFR 39.19. In certain Airbus Canada Limited Joint Aircraft Service Component (JASC) accordance with 14 CFR 39.19, send your Partnership Model BD–500–1A10 and Code: 6210, Main Rotor Blades. request to your principal inspector or local BD–500–1A11 airplanes. This proposed Flight Standards District Office, as AD was prompted by a design review (e) Unsafe Condition appropriate. If sending information directly to the manager of the certification office, that identified rib 0 of the center wing This AD was prompted by a report of box (CWB) as an area where a single sudden severe vibrations and a cracked open send it to the attention of the person blade trailing edge caused by a loosened lead identified in paragraph (j)(1) of this AD. failure of a clamshell type refuel/defuel inner weight. The FAA is issuing this AD to Information may be emailed to: 9-AVS-AIR- line coupling could lead to the address bolted lead inner weights of the main [email protected]. accumulation of dangerous levels of rotor blade, which could loosen and cause (2) Before using any approved AMOC, electrostatic charges within the fuel cracking of the open blade trailing edge. The notify your appropriate principal inspector, tank. This proposed AD would require unsafe condition, if not addressed, could or lacking a principal inspector, the manager replacing the clamshell type refuel/ result in loss of control of the helicopter. of the local flight standards district office/ certificate holding district office. defuel line coupling in the CWB at rib (f) Compliance 0 with a threaded type fuel coupling, (j) Related Information Comply with this AD within the and installing an additional support compliance times specified, unless already (1) For more information about this AD, bracket and clamp in the CWB at rib 0, done. contact Kathleen Arrigotti, Aerospace as specified in a Transport Canada Civil Engineer, Large Aircraft Section, Aviation (TCCA) AD, which is proposed (g) Required Actions International Validation Branch, FAA, 2200 for incorporation by reference. The FAA Within 30 days after the effective date of South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3218; email: is proposing this AD to address the this AD, review the log card (or equivalent unsafe condition on these products. record) and visually inspect each main rotor [email protected]. blade to determine if any bolted main rotor (2) For service information identified in DATES: The FAA must receive comments blades (i.e., main rotor blade with bolted lead this AD, contact Airbus Helicopters, 2701 N on this proposed AD by June 10, 2021. Forum Drive, Grand Prairie, TX 75052; inner weight) are installed in accordance ADDRESSES: You may send comments, with paragraphs 2.A.1., 2.B.1., 2.B.2., and phone: 972–641–0000 or 800–232–0323; fax: 972–641–3775; or at https://www.airbus.com/ using the procedures found in 14 CFR 2.B.3. of the Accomplishment Instructions of 11.43 and 11.45, by any of the following Eurocopter Alert Service Bulletin ASB– helicopters/services/technical-support.html. You may view this referenced service methods: MBB–BK117–10–125, dated February 14, information at the FAA, Office of the • Federal eRulemaking Portal: Go to 2005. If during the review, the total hours Regional Counsel, Southwest Region, 10101 time-in-service (TIS) cannot be positively https://www.regulations.gov. Follow the Hillwood Pkwy., Room 6N–321, Fort Worth, determined, this AD requires treating that instructions for submitting comments. TX 76177. For information on the availability part as having accumulated more than 3,000 • Fax: 202–493–2251. of this material at the FAA, call (817) 222– total hours TIS. If any bolted main rotor • Mail: U.S. Department of 5110. blade (i.e., main rotor blade with bolted lead (3) The subject of this AD is addressed in Transportation, Docket Operations, M– inner weight) is installed, replace the main Luftfahrt-Bundesamt German AD D–2005– 30, West Building Ground Floor, Room rotor blade in accordance with paragraph 115, effective March 15, 2005. You may view W12–140, 1200 New Jersey Avenue SE, 2.B.4. of the Accomplishment Instructions of the Luftfahrt-Bundesamt German AD on the Washington, DC 20590. Eurocopter Alert Service Bulletin ASB– internet at https://www.regulations.gov in the • Hand Delivery: Deliver to Mail MBB–BK117–10–125, dated February 14, AD Docket. 2005, as follows: address above between 9 a.m. and 5 (1) For a bolted main rotor blade that has Issued on April 16, 2021. p.m., Monday through Friday, except accumulated less than 2,300 total hours TIS Lance T. Gant, Federal holidays. on the blade since bolting of the lead inner Director, Compliance & Airworthiness For material that will be incorporated weight as of the effective date of this AD: Division, Aircraft Certification Service. by reference (IBR) in this AD, contact Before accumulating 2,500 total hours TIS on [FR Doc. 2021–08569 Filed 4–23–21; 8:45 am] TCCA, Transport Canada National the blade since bolting of the lead inner Aircraft Certification, 159 Cleopatra BILLING CODE 4910–13–P weights. Drive, Nepean, Ontario K1A 0N5, (2) For a bolted main rotor blade that has Canada; telephone 888–663–3639; email accumulated 2,300 total hours TIS up to 3,000 total hours TIS inclusive, on the blade DEPARTMENT OF TRANSPORTATION [email protected]; internet https:// since bolting of the lead inner weight as of tc.canada.ca/en/aviation. You may view the effective date of this AD: Within 200 Federal Aviation Administration this IBR material at the FAA, hours TIS after the effective date of this AD. Airworthiness Products Section, (3) For a bolted main rotor blade that has 14 CFR Part 39 Operational Safety Branch, 2200 South accumulated more than 3,000 total hours TIS 216th St., Des Moines, WA. For on the blade since bolting of the lead inner [Docket No. FAA–2021–0339; Project Identifier MCAI–2020–01605–T] information on the availability of this weight as of the effective date of this AD: material at the FAA, call 206–231–3195. Within 50 hours TIS after the effective date RIN 2120–AA64 It is also available in the AD docket on of this AD. the internet at https:// (h) Contacting the Manufacturer To Airworthiness Directives; Airbus www.regulations.gov by searching for Determine TIS Canada Limited Partnership (Type and locating Docket No. FAA–2021– Certificate Previously Held by C Series Where Eurocopter Alert Service Bulletin 0339. ASB–MBB–BK117–10–125, dated February Aircraft Limited Partnership (CSALP); 14, 2005, specifies to send a form to the Bombardier, Inc.) Airplanes Examining the AD Docket manufacturer to determine TIS since bolting, AGENCY: Federal Aviation You may examine the AD docket on this AD does not include that requirement. Administration (FAA), DOT. the internet at https:// (i) Alternative Methods of Compliance ACTION: Notice of proposed rulemaking www.regulations.gov by searching for (AMOCs) (NPRM). and locating Docket No. FAA–2021– (1) The Manager, International Validation 0339; or in person at Docket Operations Branch, FAA, has the authority to approve SUMMARY: The FAA proposes to adopt a between 9 a.m. and 5 p.m., Monday AMOCs for this AD, if requested using the new airworthiness directive (AD) for through Friday, except Federal holidays.

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The AD docket contains this NPRM, any as ‘‘PROPIN.’’ The FAA will treat such in the United States. Pursuant to the comments received, and other marked submissions as confidential FAA’s bilateral agreement with the State information. The street address for under the FOIA, and they will not be of Design Authority, the FAA has been Docket Operations is listed above. placed in the public docket of this notified of the unsafe condition FOR FURTHER INFORMATION CONTACT: NPRM. Submissions containing CBI described in the MCAI referenced Joseph Catanzaro, Aerospace Engineer, should be sent to Joseph Catanzaro, above. The FAA is proposing this AD Airframe and Propulsion Section, FAA, Aerospace Engineer, Airframe and because the FAA evaluated all the New York ACO Branch, 1600 Stewart Propulsion Section, FAA, New York relevant information and determined Avenue, Suite 410, Westbury, NY ACO Branch, 1600 Stewart Avenue, the unsafe condition described 11590; telephone 516–228–7366; fax Suite 410, Westbury, NY 11590; previously is likely to exist or develop 516–794–5531; email 9-avs-nyaco-cos@ telephone 516–228–7366; fax 516–794– in other products of the same type faa.gov. 5531; email [email protected]. design. Any commentary that the FAA receives SUPPLEMENTARY INFORMATION: Proposed AD Requirements which is not specifically designated as Comments Invited CBI will be placed in the public docket This proposed AD would require The FAA invites you to send any for this rulemaking. accomplishing the actions specified in written relevant data, views, or Background the TCCA AD CF–2020–04 described arguments about this proposal. Send previously, as incorporated by your comments to an address listed TCCA, which is the aviation authority reference, except for any differences under ADDRESSES. Include ‘‘Docket No. for Canada, has issued TCCA AD CF– identified as exceptions in the FAA–2021–0339; Project Identifier 2020–04, dated March 9, 2020 (TCCA regulatory text of this AD. MCAI–2020–01605–T’’ at the beginning AD CF–2020–04) (also referred to as the of your comments. The most helpful Mandatory Continuing Airworthiness Explanation of Required Compliance comments reference a specific portion of Information, or the MCAI), to correct an Information unsafe condition for certain Airbus the proposal, explain the reason for any In the FAA’s ongoing efforts to Canada Limited Partnership Model BD– recommended change, and include improve the efficiency of the AD supporting data. The FAA will consider 500–1A10 and BD–500–1A11 airplanes. This proposed AD was prompted by process, the FAA initially worked with all comments received by the closing Airbus and European Union Aviation date and may amend the proposal a design review that identified rib 0 of the CWB as an area where a single Safety Agency (EASA) to develop a because of those comments. process to use certain EASA ADs as the Except for Confidential Business failure of a clamshell type refuel/defuel primary source of information for Information (CBI) as described in the line coupling could potentially lead to compliance with requirements for following paragraph, and other the accumulation of dangerous levels of corresponding FAA ADs. The FAA has information as described in 14 CFR electrostatic charges within the fuel since coordinated with other 11.35, the FAA will post all comments tank. The FAA is proposing this AD to manufacturers and civil aviation received, without change, to https:// address failure of a clamshell type authorities (CAAs) to use this process. www.regulations.gov, including any refuel/defuel line coupling, which could As a result, TCCA AD CF–2020–04 will personal information you provide. The lead to fuel tank ignition. See the MCAI agency will also post a report for additional background information. be incorporated by reference in the FAA summarizing each substantive verbal final rule. This proposed AD would, Related Service Information Under 1 contact received about this proposed therefore, require compliance with CFR Part 51 AD. TCCA AD CF–2020–04 in its entirety, TCCA AD CF–2020–04 describes through that incorporation, except for Confidential Business Information procedures for replacing the clamshell any differences identified as exceptions CBI is commercial or financial type refuel/defuel line coupling in the in the regulatory text of this proposed information that is both customarily and CWB at rib 0 with a threaded type fuel AD. Service information specified in actually treated as private by its owner. coupling, and installing an additional TCCA AD CF–2020–04 that is required Under the Freedom of Information Act support bracket and clamp in the CWB for compliance with TCCA AD CF– (FOIA) (5 U.S.C. 552), CBI is exempt at rib 0. This material is reasonably 2020–04 will be available on the from public disclosure. If your available because the interested parties internet at https://www.regulations.gov comments responsive to this NPRM have access to it through their normal by searching for and locating Docket No. contain commercial or financial course of business or by the means FAA–2021–0339 after the FAA final information that is customarily treated identified in the ADDRESSES section. rule is published. as private, that you actually treat as Costs of Compliance private, and that is relevant or FAA’s Determination and Requirements responsive to this NPRM, it is important of This Proposed AD The FAA estimates that this proposed that you clearly designate the submitted This product has been approved by AD affects 47 airplanes of U.S. registry. comments as CBI. Please mark each the aviation authority of another The FAA estimates the following costs page of your submission containing CBI country, and is approved for operation to comply with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

27 work-hours × $85 per hour = $2,295 ...... $7,191 $9,486 $445,842

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Authority for This Rulemaking § 39.13 [Amended] appropriate. If sending information directly ■ 2. The FAA amends § 39.13 by adding to ATTN: Program Manager, Continuing Title 49 of the United States Code the following new airworthiness Operational Safety, FAA, New York ACO specifies the FAA’s authority to issue directive: Branch, 1600 Stewart Avenue, Suite 410, rules on aviation safety. Subtitle I, Westbury, NY 11590; telephone 516–228– section 106, describes the authority of Airbus Canada Limited Partnership (Type 7300; fax 516–794–5531. Before using any Certificate Previously Held by C Series the FAA Administrator. Subtitle VII: approved AMOC, notify your appropriate Aircraft Limited Partnership (CSALP); principal inspector, or lacking a principal Aviation Programs, describes in more Bombardier, Inc.): Docket No. FAA– inspector, the manager of the responsible detail the scope of the Agency’s 2021–0339; Project Identifier MCAI– Flight Standards Office. authority. 2020–01605–T. (2) Contacting the Manufacturer: For any The FAA is issuing this rulemaking (a) Comments Due Date requirement in this AD to obtain instructions from a manufacturer, the instructions must under the authority described in The FAA must receive comments on this Subtitle VII, Part A, Subpart III, Section be accomplished using a method approved airworthiness directive (AD) by June 10, by the Manager, New York ACO Branch, 44701: General requirements. Under 2021. FAA; or TCCA; or Airbus Canada’s TCCA that section, Congress charges the FAA (b) Affected ADs Design Approval Organization (DAO). If with promoting safe flight of civil approved by the DAO, the approval must aircraft in air commerce by prescribing None. include the DAO-authorized signature. regulations for practices, methods, and (c) Applicability (j) Related Information procedures the Administrator finds This AD applies to Airbus Canada Limited (1) For information about TCCA AD CF– necessary for safety in air commerce. Partnership (type certificate previously held This regulation is within the scope of 2020–04 contact TCCA, Transport Canada by C Series Aircraft Limited Partnership National Aircraft Certification, 159 Cleopatra that authority because it addresses an (CSALP); Bombardier, Inc.) Model BD–500– Drive, Nepean, Ontario K1A 0N5, Canada; unsafe condition that is likely to exist or 1A10 and BD–500–1A11 airplanes, telephone 888–663–3639; email AD-CN@ develop on products identified in this certificated in any category, as identified in tc.gc.ca; internet https://tc.canada.ca/en/ rulemaking action. Transport Canada Civil Aviation (TCCA) AD aviation. You may view this material at the CF–2020–04, dated March 9, 2020 (TCCA AD FAA, Airworthiness Products Section, Regulatory Findings CF–2020–04). Operational Safety Branch, 2200 South 216th The FAA determined that this (d) Subject St., Des Moines, WA. For information on the availability of this material at the FAA, call proposed AD would not have federalism Air Transport Association (ATA) of America Code 28, Fuel. 206–231–3195. This material may be found implications under Executive Order in the AD docket on the internet at https:// 13132. This proposed AD would not (e) Reason www.regulations.gov by searching for and have a substantial direct effect on the This AD was prompted by a design review locating Docket No. FAA–2021–0339. States, on the relationship between the that identified rib 0 of the center wing box (2) For more information about this AD, national Government and the States, or (CWB) as an area where a single failure of a contact Joseph Catanzaro, Aerospace on the distribution of power and clamshell type refuel/defuel line coupling Engineer, Airframe and Propulsion Section, responsibilities among the various could lead to the accumulation of dangerous FAA, New York ACO Branch, 1600 Stewart levels of government. levels of electrostatic charges within the fuel Avenue, Suite 410, Westbury, NY 11590; tank. The FAA is issuing this AD to address telephone 516–228–7366; fax 516–794–5531; For the reasons discussed above, I failure of a clamshell type refuel/defuel line email [email protected]. certify this proposed regulation: coupling, which could lead to fuel tank Issued on April 21, 2021. (1) Is not a ‘‘significant regulatory ignition. Gaetano A. Sciortino, action’’ under Executive Order 12866, (f) Compliance Deputy Director for Strategic Initiatives, (2) Would not affect intrastate Comply with this AD within the Compliance & Airworthiness Division, aviation in Alaska, and compliance times specified, unless already Aircraft Certification Service. [FR Doc. 2021–08620 Filed 4–23–21; 8:45 am] (3) Would not have a significant done. economic impact, positive or negative, (g) Requirements BILLING CODE 4910–13–P on a substantial number of small entities Except as specified in paragraph (h) of this under the criteria of the Regulatory AD: Comply with all required actions and DEPARTMENT OF TRANSPORTATION Flexibility Act. compliance times specified in, and in accordance with, TCCA AD CF–2020–04. List of Subjects in 14 CFR Part 39 Federal Aviation Administration (h) Exceptions to TCCA AD CF–2020–04 Air transportation, Aircraft, Aviation (1) Where TCCA AD CF–2020–04 refers to 14 CFR Part 39 safety, Incorporation by reference, its effective date, this AD requires using the Safety. effective date of this AD. [Docket No. FAA–2021–0260; Project (2) Where TCCA AD CF–2020–04 refers to Identifier MCAI–2020–01255–T] The Proposed Amendment hours air time, this AD requires using flight RIN 2120–AA64 hours. Accordingly, under the authority delegated to me by the Administrator, (i) Other FAA AD Provisions Airworthiness Directives; Airbus the FAA proposes to amend 14 CFR part The following provisions also apply to this Canada Limited Partnership (Type 39 as follows: AD: Certificate Previously Held by C Series (1) Alternative Methods of Compliance Aircraft Limited Partnership (CSALP); PART 39—AIRWORTHINESS (AMOCs): The Manager, New York ACO Bombardier, Inc.) Airplanes DIRECTIVES Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the AGENCY: Federal Aviation ■ 1. The authority citation for part 39 procedures found in 14 CFR 39.19. In Administration (FAA), DOT. accordance with 14 CFR 39.19, send your continues to read as follows: ACTION: Notice of proposed rulemaking request to your principal inspector or (NPRM). Authority: 49 U.S.C. 106(g), 40113, 44701. responsible Flight Standards Office, as

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SUMMARY: The FAA proposes to adopt a 410, Westbury, NY 11590; telephone Background new airworthiness directive (AD) for 516–228–7323; email 9-avs-nyaco-cos@ certain Airbus Canada Limited faa.gov. Transport Canada Civil Aviation Partnership Model BD–500–1A10 and (TCCA), which is the aviation authority BD–500–1A11 airplanes. This proposed SUPPLEMENTARY INFORMATION: for Canada, has issued TCCA AD CF– 2020–30R1, dated December 11, 2020, AD was prompted by a report that Comments Invited following an in-service engine (referred to after this as the Mandatory shutdown during taxi, water was found The FAA invites you to send any Continuing Airworthiness Information, to be dripping into the forward avionics written relevant data, views, or or the MCAI), to correct an unsafe bay; the water caused a short circuit and arguments about this proposal. Send condition for certain Airbus Canada tripped a circuit breaker. This proposed your comments to an address listed Limited Partnership Model BD–500– AD would require replacing the forward under ADDRESSES. Include ‘‘Docket No. 1A10 and BD–500–1A11 airplanes. You galley slotted drain covers with solid FAA–2021–0260; Project Identifier may examine the MCAI in the AD blanking plates and modifying the MCAI–2020–01255–T’’ at the beginning docket on the internet at https:// associated drain tubing to block water. of your comments. The most helpful www.regulations.gov by searching for The FAA is proposing this AD to comments reference a specific portion of and locating Docket No. FAA–2021– address the unsafe condition on these the proposal, explain the reason for any 0260. products. recommended change, and include This proposed AD was prompted by DATES: The FAA must receive comments supporting data. The FAA will consider a report that following an in-service on this proposed AD by June 10, 2021. all comments received by the closing engine shutdown during taxi, water was ADDRESSES: You may send comments, date and may amend the proposal found to be dripping into the forward using the procedures found in 14 CFR because of those comments. avionics bay; the water caused a short 11.43 and 11.45, by any of the following Except for Confidential Business circuit and tripped a circuit breaker. methods: Information (CBI) as described in the The FAA is proposing this AD to • Federal eRulemaking Portal: Go to following paragraph, and other address water ingress into the forward https://www.regulations.gov. Follow the information as described in 14 CFR avionics bay, which could short circuit instructions for submitting comments. 11.35, the FAA will post all comments the equipment in the bay area and lead • Fax: 202–493–2251. received, without change, to https:// to a loss of air data sources and • Mail: U.S. Department of www.regulations.gov, including any consequent reduced functional Transportation, Docket Operations, M– personal information you provide. The capabilities and increase in crew 30, West Building Ground Floor, Room agency will also post a report workload, possibly leading to a loss of W12–140, 1200 New Jersey Avenue SE, summarizing each substantive verbal continued safe flight and landing. See Washington, DC 20590. the MCAI for additional background • contact received about this proposed Hand Delivery: Deliver to Mail AD. information. address above between 9 a.m. and 5 p.m., Monday through Friday, except Confidential Business Information Related Service Information Under 1 Federal holidays. CFR Part 51 For service information identified in CBI is commercial or financial information that is both customarily and Airbus Canada Limited Partnership this NPRM, contact Airbus Canada has issued Service Bulletin BD500– Limited Partnership, 13100 Henri-Fabre actually treated as private by its owner. 530009, Issue 001, dated July 31, 2020. Boulevard, Mirabel, Que´bec J7N 3C6, Under the Freedom of Information Act This service information describes Canada; telephone 450–476–7676; email (FOIA) (5 U.S.C. 552), CBI is exempt procedures for replacing the forward [email protected]; internet http:// from public disclosure. If your galley slotted drain covers with solid a220world.airbus.com. You may view comments responsive to this NPRM blanking plates and modifying the this service information at the FAA, contain commercial or financial associated drain tubing to block water. Airworthiness Products Section, information that is customarily treated This service information is reasonably Operational Safety Branch, 2200 South as private, that you actually treat as available because the interested parties 216th St., Des Moines, WA. For private, and that is relevant or have access to it through their normal information on the availability of this responsive to this NPRM, it is important course of business or by the means material at the FAA, call 206–231–3195. that you clearly designate the submitted comments as CBI. Please mark each identified in the ADDRESSES section. Examining the AD Docket page of your submission containing CBI FAA’s Determination You may examine the AD docket on as ‘‘PROPIN.’’ The FAA will treat such the internet at https:// marked submissions as confidential This product has been approved by www.regulations.gov by searching for under the FOIA, and they will not be the aviation authority of another and locating Docket No. FAA–2021– placed in the public docket of this country, and is approved for operation 0260; or in person at Docket Operations NPRM. Submissions containing CBI in the United States. Pursuant to the between 9 a.m. and 5 p.m., Monday should be sent to Darren Gassetto, FAA’s bilateral agreement with the State through Friday, except Federal holidays. Aerospace Engineer, Mechanical of Design Authority, the FAA has been The AD docket contains this NPRM, any Systems and Administrative Services notified of the unsafe condition comments received, and other Section, FAA, New York ACO Branch, described in the MCAI and service information. The street address for 1600 Stewart Avenue, Suite 410, information referenced above. The FAA Docket Operations is listed above. Westbury, NY 11590; telephone 516– is proposing this AD because the FAA FOR FURTHER INFORMATION CONTACT: 228–7323; email 9-avs-nyaco-cos@ evaluated all the relevant information Darren Gassetto, Aerospace Engineer, faa.gov. Any commentary that the FAA and determined the unsafe condition Mechanical Systems and Administrative receives which is not specifically described previously is likely to exist or Services Section, FAA, New York ACO designated as CBI will be placed in the develop on other products of the same Branch, 1600 Stewart Avenue, Suite public docket for this rulemaking. type design.

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Proposed Requirements of This NPRM Costs of Compliance This proposed AD would require The FAA estimates that this proposed accomplishing the actions specified in AD affects 39 airplanes of U.S. registry. the service information described The FAA estimates the following costs previously. to comply with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

1 work-hour × $85 per hour = $85 ...... $665 $750 $29,250

The FAA has included all known List of Subjects in 14 CFR Part 39 (e) Reason costs in its cost estimate. According to This AD was prompted by a report that the manufacturer, however, some or all Air transportation, Aircraft, Aviation following an in-service engine shutdown of the costs of this proposed AD may be safety, Incorporation by reference, during taxi, water was found dripping into covered under warranty, thereby Safety. the forward avionics bay; the water caused a reducing the cost impact on affected short circuit and tripped a circuit breaker. The Proposed Amendment The FAA is issuing this AD to address water operators. Accordingly, under the authority ingress into the forward avionics bay, which Authority for This Rulemaking delegated to me by the Administrator, could short circuit the equipment in the bay area and lead to a loss of air data sources and Title 49 of the United States Code the FAA proposes to amend 14 CFR part consequent reduced functional capabilities specifies the FAA’s authority to issue 39 as follows: and increase in crew workload, possibly rules on aviation safety. Subtitle I, leading to a loss of continued safe flight and section 106, describes the authority of PART 39—AIRWORTHINESS landing. DIRECTIVES the FAA Administrator. Subtitle VII: (f) Compliance Aviation Programs, describes in more ■ Comply with this AD within the detail the scope of the Agency’s 1. The authority citation for part 39 continues to read as follows: compliance times specified, unless already authority. done. The FAA is issuing this rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. under the authority described in (g) Replacement and Modification Subtitle VII, Part A, Subpart III, Section § 39.13 [Amended] Within 12 months after the effective date 44701: General requirements. Under ■ 2. The FAA amends § 39.13 by adding of this AD, replace the forward galley slotted that section, Congress charges the FAA the following new airworthiness drain covers with solid blanking plates and with promoting safe flight of civil directive: modify the associated drain tubing to block water, in accordance with paragraph 2, aircraft in air commerce by prescribing Airbus Canada Limited Partnership (Type ‘‘Procedure,’’ of the Accomplishment regulations for practices, methods, and Certificate Previously Held by C Series Instructions of Airbus Canada Limited procedures the Administrator finds Aircraft Limited Partnership (CSALP); Partnership Service Bulletin BD500–530009, necessary for safety in air commerce. Bombardier, Inc.): Docket No. FAA– Issue 001, dated July 31, 2020. 2021–0260; Project Identifier MCAI– This regulation is within the scope of (h) Other FAA AD Provisions that authority because it addresses an 2020–01255–T. unsafe condition that is likely to exist or The following provisions also apply to this (a) Comments Due Date AD: develop on products identified in this The FAA must receive comments on this (1) Alternative Methods of Compliance rulemaking action. airworthiness directive (AD) action by June (AMOCs): The Manager, New York ACO Regulatory Findings 10, 2021. Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the The FAA determined that this (b) Affected ADs procedures found in 14 CFR 39.19. In proposed AD would not have federalism None. accordance with 14 CFR 39.19, send your request to your principal inspector or implications under Executive Order (c) Applicability 13132. This proposed AD would not responsible Flight Standards Office, as have a substantial direct effect on the This AD applies to the Airbus Canada appropriate. If sending information directly Limited Partnership (type certificate States, on the relationship between the to the manager of the certification office, previously held by C Series Aircraft Limited send it to ATTN: Program Manager, national Government and the States, or Partnership (CSALP); Bombardier, Inc.) Continuing Operational Safety, FAA, New on the distribution of power and airplanes identified in paragraphs (c)(1) and York ACO Branch, 1600 Stewart Avenue, responsibilities among the various (2) of this AD, certificated in any category. Suite 410, Westbury, NY 11590; telephone levels of government. (1) Model BD–500–1A10 airplanes, having 516–228–7300; fax 516–794–5531. Before For the reasons discussed above, I serial number (S/N) 50001 through 50018 using any approved AMOC, notify your certify this proposed regulation: inclusive, and 50020 through 50055 appropriate principal inspector, or lacking a (1) Is not a ‘‘significant regulatory inclusive. principal inspector, the manager of the action’’ under Executive Order 12866, (2) Model BD–500–1A11 airplanes, having responsible Flight Standards Office. (2) Would not affect intrastate S/N 55001 through 55016 inclusive, 55018 (2) Contacting the Manufacturer: For any aviation in Alaska, and through 55068 inclusive, 55070 through requirement in this AD to obtain instructions (3) Would not have a significant 55083 inclusive, 55086 through 55088 from a manufacturer, the instructions must inclusive, and 55090. be accomplished using a method approved economic impact, positive or negative, by the Manager, New York ACO Branch, on a substantial number of small entities (d) Subject FAA; or Transport Canada Civil Aviation under the criteria of the Regulatory Air Transport Association (ATA) of (TCCA); or Airbus Canada Limited Flexibility Act. America Code 53, Fuselage. Partnership’s TCCA Design Approval

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Organization (DAO). If approved by the DAO, DEPARTMENT OF ENERGY through http://www.ferc.gov, is the approval must include the DAO- preferred. authorized signature. Federal Energy Regulatory • Electronic Filing: Documents must Commission (i) Related Information be filed in acceptable native applications and print-to-PDF, but not (1) Refer to Mandatory Continuing 18 CFR Part 35 in scanned or picture format. Airworthiness Information (MCAI) TCCA AD • For those unable to file CF–2020–30R1, dated December 11, 2020, for [Docket No. RM20–10–000] electronically, comments may be filed related information. This MCAI may be by USPS mail or by hand (including found in the AD docket on the internet at Electric Transmission Incentives courier) delivery. https://www.regulations.gov by searching for Policy Under Section 219 of the Æ Mail via U.S. Postal Service Only: and locating Docket No. FAA–2021–0260. Federal Power Act Addressed to: Federal Energy (2) For more information about this AD, Regulatory Commission, Secretary of the contact Darren Gassetto, Aerospace Engineer, AGENCY: Federal Energy Regulatory Commission, 888 First Street NE, Mechanical Systems and Administrative Commission. Services Section, FAA, New York ACO Washington, DC 20426. ACTION: Supplemental notice of Æ Hand (including courier) Delivery: Branch, 1600 Stewart Avenue, Suite 410, proposed rulemaking. Westbury, NY 11590; telephone 516–228– Deliver to: Federal Energy Regulatory Commission, 12225 Wilkins Avenue, 7323; email [email protected]. SUMMARY: The Federal Energy Rockville, MD 20852. (3) For service information identified in Regulatory Commission has proposed in The Comment Procedures Section of this AD, contact Airbus Canada Limited this proceeding to revise its existing this document contains more detailed Partnership, 13100 Henri-Fabre Boulevard, regulations that implemented section filing procedures. Mirabel, Que´bec J7N 3C6, Canada; telephone 219 of the Federal Power Act (FPA) in 450–476–7676; email [email protected]; light of the changes in transmission FOR FURTHER INFORMATION CONTACT: internet http://a220world.airbus.com. You development and planning over the last David Tobenkin (Technical may view this service information at the few years. This supplemental notice of Information), Office of Energy Policy FAA, Airworthiness Products Section, proposed rulemaking proposes to and Innovation, Federal Energy Operational Safety Branch, 2200 South 216th modify the incentive proposed for Regulatory Commission, 888 First St., Des Moines, WA. For information on the transmitting and electric utilities that Street NE, Washington, DC 20426, availability of this material at the FAA, call join Transmission Organizations in the (202) 502–6445, david.tobenkin@ 206–231–3195. March 20, 2020 notice of proposed ferc.gov Issued on April 21, 2021. rulemaking in this proceeding. In Adam Batenhorst (Legal Information), Office of the General Counsel, Federal Gaetano A. Sciortino, addition, pursuant to FPA section 206, we propose to require each utility that Energy Regulatory Commission, 888 Deputy Director for Strategic Initiatives, First Street NE, Washington, DC Compliance & Airworthiness Division, has received an incentive for joining and remaining in a transmission 20426, (202) 502–6150, Aircraft Certification Service. [email protected] [FR Doc. 2021–08622 Filed 4–23–21; 8:45 am] organization for three or more years to submit a compliance filing revising its Adam Pollock (Technical Information), BILLING CODE 4910–13–P tariff to remove the incentive from its Office of Energy Market Regulation, transmission tariff. Federal Energy Regulatory Commission, 888 First Street NE, DATES: Comments are due May 26, 2021. Washington, DC 20426, (202) 502– Reply comments are due June 10, 2021. 8458, [email protected] ADDRESSES: Comments, identified by SUPPLEMENTARY INFORMATION: docket number, may be filed in the following ways. Electronic filing Table of Contents

Paragraph Nos.

I. Introduction ...... 2 II. Background ...... 3 III. Discussion ...... 5 A. Incentive for Joining Rather Than Remaining in Transmission Organizations ...... 6 B. Transmission Organization Incentive Level ...... 10 C. Voluntariness ...... 15 D. Miscellaneous ...... 18 IV. Information Collection Statement ...... 19 V. Environmental Analysis ...... 23 VI. Regulatory Flexibility Act ...... 24 VII. Comment Procedures ...... 25 VIII. Document Availability ...... 26

I. Introduction NOPR), the Federal Energy Regulatory (Transmission Incentives Regulations) 2 1. In a Notice of Proposed Rulemaking Commission (Commission) proposed in light of changes in transmission (NOPR) issued pursuant to section 219 reforms to revise its existing development and planning in the last of the Federal Power Act (FPA) 1 in this transmission incentives policy and proceeding on March 20, 2020 (March corresponding regulations

1 16 U.S.C. 824s. 2 18 CFR 35.35.

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few years.3 In light of the responsive requested a 50-basis-point level for current practice of granting a comments in this proceeding, pursuant demonstrating they have joined an RTO standardized 50-basis-point increase in to our authority under FPA section 219, or ISO, which the Commission has ROE as an incentive-based rate we issue this Supplemental NOPR to granted without modification.10 treatment for a transmitting utility that propose and seek comment on a revised 3. On March 21, 2019, in Docket No. joins and remains in a Transmission proposed incentive for transmitting and PL19–3–000, the Commission issued a Organization and turns over operational electric utilities 4 that join Transmission Notice of Inquiry seeking comment on control of the applicant’s wholesale Organizations 5 (Transmission the scope and implementation of its transmission facilities to the Organization Incentive).6 In addition, transmission incentives policy under Transmission Organization. pursuant to our authority under FPA FPA section 219.11 The Commission Additionally, we propose that this 50- section 206,7 we propose to require each posed several questions concerning an basis-point increase in ROE be available utility that has received an incentive for incentive for transmitting and electric for only the first three years after the joining and remaining in a Transmission utilities to join and remain in transmitting utility transfers operational Organization for three or more years to Transmission Organizations. In the control of its facilities to the submit a compliance filing revising its March NOPR, the Commission proposed Transmission Organization. tariff to remove the incentive from its to revise its Transmission Incentives Additionally, we propose to adopt the transmission tariff. We note that the Regulations to more closely align the clarification in the March NOPR that, in draft Supplemental NOPR only refines policy with the statutory language of order to qualify for the Transmission the Transmission Organization FPA section 219 and to reflect changes Organization Incentive, the transmitting Incentive and does not address the other in the electric industry that have taken utility must turn over operational proposals contained in the March place since the issuances of Order Nos. control of its transmission facilities to NOPR. 679 and 679–A.12 The Commission the Transmission Organization. Finally, stated that an increased return on equity we request comment on whether the II. Background (ROE) remained an effective incentive to Transmission Organization Incentive 2. In relevant part, section 219 of the recognize the benefits, risks, and should be available only to transmitting FPA states that the Commission shall, to associated obligations of RTO utilities that join a Transmission the extent within its jurisdiction, membership and meet the requirements Organization voluntarily. If so, we seek provide for incentives to each of FPA section 219(c).13 The further comment on how the transmitting utility or electric utility Commission proposed, among other Commission should apply that standard that joins a Transmission Organization.8 things, to continue to permit and, in particular, how the Commission As described in more detail in the transmitting utilities and electric should determine whether a March NOPR, Order Nos. 679 and 679– utilities that join an RTO/ISO to recover transmitting utility’s decision to join a A adopted an incentive for utilities that prudently incurred costs associated Transmission Organization is voluntary. ‘‘join and/or continue to be a member of with joining the RTO/ISO in their an ISO, RTO, or other Commission- jurisdictional rates. A. Incentive for Joining Rather Than approved Transmission Organization.’’ 9 4. Additionally, the Commission Remaining in Transmission While the Commission declined to make proposed to standardize the RTO- Organizations a finding on the appropriate size or Participation Incentive by doubling the 6. FPA section 219(c) requires that the duration of the incentive in Order No. level of the ROE adder that the Commission provide incentives to each 679, applicants have subsequently Commission has commonly awarded as transmitting utility or electric utility an incentive for electric and that joins a Transmission Organization. 3 Electric Transmission Incentives Policy Under transmitting utilities that join and After review of the comments received Section 219 of the Federal Power Act, Notice of remain in Transmission Organizations, in response to the March NOPR, we Proposed Rulemaking, 85 FR 18784, 170 FERC ¶ 61,204, errata notice, 171 FERC ¶ 61,072 (2020) specifying that the level would be 100 believe that it is reasonable to read FPA (March NOPR). basis points. The Commission also section 219(c) to direct the Commission 4 A transmitting utility is defined as an entity that proposed to remove the existing to provide an incentive for ‘‘join[ing]’’ a owns, operates, or controls facilities used for the requirement for this incentive that Transmission Organization and not for transmission of electric energy. 16 U.S.C. 769(23). recipients participate in Transmission remaining in a Transmission An electric utility is defined as a person or federal or state agency that sells electric energy. 16 U.S.C. Organizations on a voluntary basis. The Organization in perpetuity. 769(22). Commission proposed to apply the 7. In response to the 2019 NOI and 5 A Transmission Organization is defined as a RTO-Participation Incentive March NOPR, several commenters Regional Transmission Organization (RTO), prospectively to new applicants and to suggested that the Commission limit the Independent System Operator (ISO), independent transmission provider, or other organization finally allow existing Transmission duration of or phase out the incentive approved by the Commission for the operation of Organization Incentive recipients to for membership in a Transmission transmission facilities. 16 U.S.C. 796(29). For increase the ROE level at which they Organization.14 For example, Alliant consistency with FPA section 219, in this final rule receive this incentive to 100 basis states that, if the purpose of the we use ‘‘Transmission Organization,’’ rather than ‘‘RTO/ISO,’’ as the Commission did in the March points. incentive is to incent joining a Transmission Organization, a NOPR. III. Discussion 6 The March NOPR defined this incentive as the transmission incentive in perpetuity ‘‘RTO-Participation Incentive.’’ Accordingly, this 5. We propose to modify the March Supplemental NOPR uses ‘‘RTO-Participation NOPR proposal and revise proposed 14 See, e.g., APPA Comments at 59–60; Incentive’’ when summarizing the March NOPR and § 35.35(f) of the Commission’s Connecticut Commission Comments at 29; commenter responses to the proposal in the March regulations to codify the Commission’s Consumer Organization Groups Comments at 15– NOPR. 16; Delaware and District of Columbia Public 7 16 U.S.C. 824e. Advocates Comments at 3; East Texas Coops 8 16 U.S.C. 824s(c). 10 March NOPR, 170 FERC ¶ 61,204 at P 92. Comments at 4; Kansas Commission Comments at 9 Promoting Transmission Investment through 11 Inquiry Regarding the Commission’s Electric 19; New Jersey Agencies Comments at 12; Northern Pricing Reform, Order No. 679, 71 FR 43293, 116 Transmission Incentives Policy, 84 FR 11759, 166 Virginia Coop Comments at 16; State Utility FERC ¶ 61,057, at P 326 (2006), order on reh’g, FERC ¶ 61,208 (2019) (2019 Notice of Inquiry). Consumer Advocates Comments at 20; TAPS Order No. 679–A, 72 FR 1152, 117 FERC ¶ 61,345 12 March NOPR, 170 FERC ¶ 61,204 at P 2. Comments at 110–112; Transmission Dependent (2006), order on reh’g 119 FERC ¶ 61,062 (2007). 13 Id. P 97. Coops Comments at 6.

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does not provide benefits commensurate balance utility and ratepayer interests, utilities to retain the existing additional with the intended goal.15 Joint particularly given the substantial 50-basis-point incentive for joining a Commenters 16 question whether benefits of Transmission Organization Transmission Organization for a period continued receipt of the incentive still membership to participating utilities. of more than three years may no longer serves the purpose of inducing a public 9. Accordingly, we propose to modify be just and reasonable and may be utility to join, or retain its membership § 35.35(f) of the Commission’s unduly discriminatory or preferential. in, a Transmission Organization. Joint regulations to authorize an ROE adder Accordingly, pursuant to section 206 of Commenters assert that, if the for a period of three years after a the FPA, we propose that each utility Commission retains the incentive, it transmitting utility newly joins a that has previously received an ROE should consider phasing out the Transmission Organization. This three- incentive for joining and remaining in a incentive after a certain number of years year period would begin on the date the Transmission Organization for three or of a public utility’s membership in a transmitting utility turns over more years must, within 30 days of the Transmission Organization.17 New operational control of its transmission effective date of the final rule, submit a Jersey Agencies state that a sunset facilities to the Transmission compliance filing removing the period would allow transmission Organization. We propose that this incentive from its transmission tariff or, owners to receive an incentive for incentive would not be available if the if the transmitting utility joined an joining Transmission Organizations, transmitting utility has previously been Transmission Organization in the while not overly burdening a member of a Transmission previous three years, adding language to ratepayers.18 According to the Organization. We further propose that, its transmission tariff to terminate its Connecticut Commission, FPA section when a transmitting utility files tariff incentive three years from the date it 219(c) requires only that the revisions to its formula or stated rate to turned over operational control of its Commission provide for incentives to implement this incentive, it must transmission facilities. each transmitting utility or electric include language terminating the utility that joins a Transmission incentive three years after the date the B. Transmission Organization Incentive Organization, and does not foreclose a transmitting utility turns over Level time-limited inducement, or require that operational control of its transmission 12. We propose to modify § 35.35(f) of any such incentive be perpetual.19 facilities to the Transmission the Commission’s regulations to adopt a TAPS similarly argues that FPA section Organization. 50-basis-point ROE adder consistent 219(c) narrowly authorizes an incentive 10. We believe that providing the with Commission precedent, for the for joining a Transmission Organization, Transmission Organization Incentive to three years after the transmitting utility and that this incentive should also be transmitting utilities for a three-year has turned over operational control of limited in duration.20 period after they join a Transmission its transmission facilities to a 8. Given that the statute only directs Organization and transfer operational Transmission Organization, it will be an incentive for entities that ‘‘join’’ a control of their facilities to that eligible for an increase in ROE of 50 Transmission Organization, we believe organization will appropriately balance basis points.24 that the Commission has latitude under the different provisions of FPA section We believe that a 50- the statute to tailor this incentive more 219. In particular, we believe that basis-point Transmission Organization narrowly to encourage joining, rather providing an additional ROE for a time- Incentive for three years provides a than remaining in, a Transmission limited period will further the purpose material incentive to join Transmission Organizations without unduly Organization. We believe that providing of section 219(c) 22 by encouraging burdening ratepayers. the Transmission Organization Transmission Organization membership incentive indefinitely may not be and the formation of new Transmission 13. In the March NOPR, the necessary to incentivize a transmitting Organizations where they do not Commission highlighted the additional utility to join a Transmission currently exist, while ensuring that the duties, responsibilities, and/or risks of Organization and, given the large impact resulting rates remain just and Transmission Organization membership that such an incentive has on reasonable and not unduly as support for the Commission’s ratepayers,21 may not appropriately discriminatory and preferential as proposal to increase the incentive from required by section 219(d).23 This 50 to 100 basis points.25 While some 15 Alliant, Comments, Docket No. PL19–3–000, at approach appropriately focuses the commenters support this proposal, other 41 (filed June 26, 2019). commenters suggest that the additional 16 Joint Commenters in Docket No. PL19–3–000 incentive on the transmitting utility’s include: The Aluminum Association; ELCON; decision to ‘‘join’’ the Transmission duties, risks, and responsibilities do not APPA; Blue Ridge; California Municipals; Organization by providing a substantial justify doubling the amount of the California Commission; the Cities of Anaheim, incentive in the years after a Azusa, Banning, Colton, Pasadena, and Riverside, 24 Applicants have consistently requested a California; Electricity Consumers Resource Council; transmitting utility joins a Transmission uniform, 50 basis-point level for demonstrating they Industrial Energy Consumers of America; Maryland Organization, while protecting have joined a Transmission Organization. See, e.g., Office of People’s Counsel; Modesto Irrigation ratepayers by ensuring that the Gridliance West Transco LLC, 160 FERC ¶ 61,003, District; State Utility Consumer Advocates; New transmitting utility does not continue to at P 6 (2017), order denying reh’g, 162 FERC York State Public Service Commission; Northern ¶ 61,101 (2018) (requesting a 50 basis-point ROE California Power Agency; Office of the People’s collect that incentive long after it has incentive); Midcontinent Independent System Counsel for the District of Columbia; Public Utility joined the Transmission Organization. Operator, Inc, 150 FERC ¶ 61,004, at P 1, order on Law Project of New York; Transmission Agency of However, we seek comment on whether clarification, 151 FERC ¶ 61,269 (2015) (requesting Northern California; and Virginia Consumer three years or another period is the a 50 basis-point ROE incentive); American Electric Counsel. Power Serv. Corp., 120 FERC ¶ 61,205, at P 34, order 17 appropriate duration for this incentive. Joint Commenters, Comments, Docket No. 11. For similar reasons, we believe denying reh’g, 121 FERC ¶ 61,245 (2007) (granting PL19–3–000, at 71, 74–75 (filed June 26, 2019). a 50 basis-point ROE incentive). 18 that continuing to allow transmitting New Jersey Agencies, Reply Comments, Docket 25 See March NOPR, 170 FERC ¶ 61,204 at P 94; No. PL19–3–000, at 11 (filed Aug. 26, 2019). see, e.g., AEP Comments at 9; Avangrid Comments 19 Connecticut Commission Comments at 29–30. Comments, Docket No. PL19–3–000, at 97 (filed at 15–16; California Utilities Comments at 11; EEI 20 TAPS Comments at 110–111. June 26, 2019). Comments at 15–17; Eversource Comments at 15– 21 Commenters assert that the cost to ratepayers 22 16 U.S.C. 824s(c). 16; Exelon Comments at 12–19; ITC Comments at is around $400 million per year. See TAPS 23 16 U.S.C. 824s(d). 8–9; WIRES Attachment at 12.

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incentive.26 Other commenters submit value of the incentive for potential new will provide financial certainty for that the incentive should be eliminated members has and will continue to developers and potential third-party altogether.27 We agree with commenters increase. Given the transmission sources of capital funding for who advise that the benefits of investments made since Order No. transmission projects, increase Transmission Organization membership 679,31 we believe that the dollar impact transparency regarding the size and support leaving the incentive offered for of the Transmission Organization duration of this incentive, and reduce joining a Transmission Organization at Incentive will continue to increase the administrative burden of the 50 basis points rather than increasing it. correspondingly, as will the other application process for applicants and 14. We note that there are many benefits accruing to transmission commenters. We believe that this benefits of Transmission Organization owners joining Transmission proposed incentive level appropriately membership, and that many of these Organizations that we describe above. balances encouraging transmission benefits accrue to transmitting Thus, upon reconsideration, we do not owners to join Transmission utilities.28 These benefits include believe it is necessary to increase the Organizations with ratepayer optimization of the transmission system, Transmission Organization Incentive to considerations. We seek comment on and regional transmission planning as 100 basis points. whether 50 basis points is the well as access to numerous types of 15. In Order No. 679, the Commission appropriate level for this incentive. markets. With respect to the magnitude declined to make a finding on the 16. Finally, FPA section 219(c) does of the incentive for new members, we appropriate size or duration of the not specify the form of the incentive for propose to find that, although ratepayer incentive for joining a Transmission utilities that join a Transmission benefits and utility risks and Organization. Nevertheless, entities Organization. As such, we request responsibilities from Transmission seeking to join a Transmission comment as to whether there are Organization participation have Organization have subsequently alternative, non-ROE incentives that are increased since the issuance of Order requested a uniform, 50-basis-point more appropriate for the Transmission No. 679, benefits to transmission level ROE adder for demonstrating they Organization Incentive. owners, including access to more have joined a Transmission C. Voluntariness developed organized markets, have Organization, which the Commission increased as well, such that 50 basis has granted without modification.32 We 17. The Commission proposed in the points, and not 100 basis points, as have found in practice no reason to vary March NOPR that transmitting or proposed in the March NOPR, continues the size of this incentive and believe electric utilities that join and remain to appropriately correspond to the that there is no compelling reason to enrolled in a Transmission Organization benefits of utilities joining Transmission potentially vary on a case-by-case basis are eligible for the Transmission Organizations.29 Additionally, as the level of the Transmission Organization Incentive regardless of the commenters point out, the actual Organization Incentive. Codifying that voluntariness of their participation in amount of this incentive has increased, 50-basis-point level ROE adder for the the Transmission Organization. As as the rate base for most transmitting Transmission Organization Incentive stated in the March NOPR, FPA section utilities have risen considerably during 219(c) obligates the Commission to this period.30 Correspondingly, the Pricing, Attach. O Data, https:// provide for incentives to each www.misoenergy.org//markets-and-operations// transmitting utility or electric utility settlements/ts-pricing//#nt=%2Ftspricingtype%/ 26 See, e.g., Alliant Comments at 13–14; APPA that joins a Transmission Organization 3AAttachment%20O/%20Data&t=10&p=0&s= Comments at 54–56; California State Water Project Updated&sd=desc). and is silent about the obligation to do Comments at 10; Connecticut Commission 31 Transmission investment by investor-owned so. Furthermore, the Commission noted Comments at 27–28; Eastern Massachusetts electric companies and stand-alone transmission Municipals Comments at 33–34; Public Interest that the issue of whether Transmission companies has steadily grown from $8.6 billion in Organizations Comments at 23; TAPS Comments at Organization membership is voluntary 2006 to $23.4 billion in 2019, with $26.1 billion 107–108. projected in 2020 and $27.1 billion projected in for certain transmitting utilities within 27 See, e.g., Joint State Entities Comments at 16; 2021. See EEI Business Analytics Group, Historical Transmission Organizations has become Ohio Commission Energy Advocate Comments at and Projected Transmission Investment, at 1 (Nov. subject to challenges at the Commission 14; State Utility Consumer Advocates Comments at 2020), https://www.eei.org/resourcesandmedia// and litigation in federal courts.33 20. Documents/Historical%20and%20Projected/ 28 See March NOPR, 170 FERC ¶ 61,204 at P 94. %20Transmission%20Investment.pdf; EEI, 18. We note that multiple commenters 29 For example, MISO and SPP each estimate that Transmission Investment: Adequate Returns and suggest that the Commission offer an membership brings multifactor benefits to members Regulatory Certainty Are Key, at 6 (June 2013), incentive only for utilities that join a and ratepayers. MISO estimates that it provides $3.5 https://www.transmissionhub.com//wp-content/ Transmission Organization voluntarily billion in total benefits annually to its members. uploads/2018//12/EEI-White-Paper-on- MISO, 2020 Value Proposition, at 5 (Feb. 5, 2021), Transmission-Investment.pdf. and not for ones that are required to join https://cdn.misoenergy.org/2020%20MISO%/ 32 See PPL Elec. Utilities Corp. and Pub. Serv. or remain in an Transmission 20Value%20Proposition%20Calculation/ Elec. & Gas Co., 123 FERC ¶ 61,068, at P 35 (2008) Organization by state law or other %20Details521882.pdf. SPP estimates that its (finding that the ‘‘50-basis-point adder is obligations.34 Commenters argue that transmission planning, market administration, appropriate. The consumer benefits, including reliability coordination, and other services provide reliable grid operation, provided by such 33 a net benefit to its members in excess of $2.2 billion organizations are well documented and consistent March NOPR, 170 FERC ¶ 61,204 at P 98 (citing annually. SPP, Value and Affordability Task Force with the purpose of section 219. The best way to Cal. Pub. Util. Comm’n v. FERC, 879 F.3d 966, 980 Meeting, at 2 (June 20. 2019), https://www.spp.org/ ensure these benefits is to provide member utilities (9th Cir. 2018) (CPUC v. FERC) (remanding to the documents//60090/vatf%20materials_ of an RTO with incentives for joining and Commission the issue of whether PG&E was eligible posting%2020190620.pdf. remaining a member.’’); Republic Transmission, for a 50-basis-point RTO-Participation Incentive for 30 For example, between September 2006 and July LLC, 161 FERC ¶ 61,036, at P 32 (2017) (approving its continued participation in CAISO in light of 2020, MISO North transmission owners’ (excluding 50-basis-point incentive based on Republic’s protestors’ arguments that PG&E’s participation in in the Cinergy zone, whose transmission owners commitment to become a member of MISO and CAISO is mandated by California state law); N.Y. subsequently left MISO) gross transmission- transfer operational control of the project to MISO State Dept. of Pub. Serv., Protest, Docket No. ER20– allocated rate base increased from $11.2 billion to once the project has been placed in service); Pac. 715–000, at 5 (filed Jan. 21, 2020) (protesting that $38.1 billion (excluding transmission in the Gas & Elec. Co., 148 FERC ¶ 61,195, at P 16 (2014) Central Hudson Gas & Electric Corp. should not MidAmerican and Entergy zones and Central (granting request for a 50-basis-point incentive receive an RTO-Participation Incentive because it is Minnesota Municipal Power Authority and Prairie ‘‘based on PG&E’s commitment to remain a member already a member of NYISO)). Power because they joined MISO and Cinergy of CAISO, and its commitment to transfer 34 See, e.g., American Manufactures Comments at because it left MISO subsequent to Order No. 679). functional control of the Project to CAISO once the 24; APPA Comments at 57–58; California See MISO, Transmission and Settlement and Project enters service’’). Continued

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state laws, or other obligations, advance Organization voluntarily. If so, we seek encourage sales or corporate the Commission’s goals of Transmission further comment on how the restructuring of transmission assets for Organization membership and the Commission should apply that standard the sake of the incentive, which would purpose of FPA section 219(c).35 and, in particular, how the Commission not benefit ratepayers. Accordingly, we Commenters also argue that awarding should determine whether a seek comment on whether, and, if so, incentives for voluntary conduct is transmitting utility’s decision to join a what restrictions the Commission consistent with the Commission’s policy Transmission Organization is voluntary. should impose on incentive eligibility of not rewarding past behavior.36 We also seek comment on whether the based on sales/affiliate corporate Moreover, certain commenters state that Transmission Organization Incentive restructurings or for transmission plant courts favor or require that incentives be should include an exception or constructed by new affiliates. In voluntary, and assert that the exceptions to a voluntariness particular, we request comment on Commission should therefore not adopt requirement and the demonstration whether new utility affiliates that build a policy to grant the incentive for necessary to qualify for the exception by transmission, either within or outside of conduct that is already required.37 an applicant. For example, should the the service territory of existing operating Furthermore, many commenters state Commission allow an applicant to seek companies, should be eligible for the that the RTO-Participation Incentive the Transmission Organization Transmission Organization Incentive. proposal in the March NOPR directly Incentive where states and/or other contravenes CPUC v. FERC, which relevant electric retail regulatory IV. Information Collection Statement stated ‘‘[a]n incentive cannot ‘induce’ authorities support receipt of such an 22. The information collection behavior that is already legally incentive by the transmitting utility requirements contained in this mandated.’’ 38 even though participation in the Supplemental NOPR are subject to 19. Removing the voluntariness Transmission Organization is mandated review by the Office of Management and requirement, as proposed in the March by the state and/or other relevant Budget (OMB) under section 3507(d) of NOPR, is not the only way that the electric retail regulatory authority? If the the Paperwork Reduction Act of 1995.39 Commission could reduce uncertainty Commission adopts an exception or OMB’s regulations require approval of regarding the application of a exceptions to a voluntariness certain information collection voluntariness requirement to individual requirement, how would an applicant requirements imposed by agency rules transmitting or electric utilities. Rather, show that it meets the exception or (including reporting, record keeping, the Commission could retain Order No. exceptions? and public disclosure requirements).40 679’s voluntariness requirement, add it D. Miscellaneous Upon approval of a collection of to the Transmission Incentives information, OMB will assign an OMB 20. We propose to revise § 35.35(f) of Regulations, and clarify this control number and expiration date. our regulations to provide that the requirement by providing guidance on Respondents subject to the filing transmitting utility is only eligible for the circumstances that would make requirements of this rule will not be the Transmission Organization participation voluntary. Accordingly, penalized for failing to respond to the Incentive if it has not previously been we request comment on whether the collection of information unless the a member of a Transmission Transmission Organization Incentive collection of information displays a Organization. We intend for the should be available only to transmitting valid OMB control number. The utilities that join a Transmission Transmission Organization Incentive to encourage transmitting and electric following discussion describes and utilities to join Transmission analyzes the collection of information Commission Comments at 29–31; California proposed to be modified by this Municipals Comments at 3; California State Water Organizations, not to incent such Project Comments at 7–9; Connecticut Commission utilities to change membership between Supplemental NOPR. Comments at 27–28; East Texas Coops Comments Transmission Organizations or to alter 23. The Commission solicits at 4; NESCOE Comments at 29–30; New England comments on the Commission’s need for Public Systems Comments at 13–14 (arguing that their ownership structures. Allowing a the incentive should be eliminated for any entity utility that changes Transmission the proposed information collection in required to be in an RTO/ISO); New Jersey Agencies Organizations to extend the this Supplemental NOPR which would Comments at 18–20; New York Coalition Comments Transmission Organization Incentive or revise the Commission’s regulations and at 13–16; Northern Virginia Coop Comments at 14– policy with respect to the mechanics 15; NRECA Comments at 49; Steel Manufacturers receive a new Transmission Comments at 11; 10 State Entities Comments at 13; Organization Incentive would impose and implementation of the Virginia Consumer Counsel Comments at 27–30. costs to ratepayers from integration and Commission’s transmission incentives 35 See APPA Comments at 58; California exit costs of leaving and joining policy; and with respect to the metrics Commission Comments at 30. Transmission Organizations without for evaluating the effectiveness of 36 See California State Water Project Comments at incentives. All burden estimates for the 8. providing material benefits. 37 See, e.g., Connecticut Commission Comments 21. Further, to implement the proposed information collection is at 27; TAPS Comments at 109–110 (citing Me. Pub. proposed three year period for the discussed in this Supplemental NOPR. Utils. Comm’n v. FERC, 454 F.3d 278, 289 (D.C. Cir. Transmission Organization Incentive in These provisions would affect the 2006); 10 State Entities Comments at 13 (citing § 35.35(f) of the Commission’s following information: FERC–516, CPUC v. FERC, 879 F.3d at 970 (granting petition for review and remanding for a determination on regulations, we also propose that a Electric Rate Schedules and Tariff whether the purportedly incentivized conduct was transmitting or electric utility may not Filings (OMB Control No. 1902–0096). mandated or voluntary)); Virginia Consumer receive a Transmission Organization 24. Interested persons may obtain Counsel Comments at 29–30 (citing CPUC v. FERC, Incentive for transmission plant if the information on the reporting 879 F.3d at 879). 38 CPUC v. FERC, 879 F.3d at 974; see California asset was already under the operational requirements by contacting Ellen Commission Comments at 30; California Municipals control of a Transmission Organization, Brown, Office of the Executive Director, Comments at 2–3; California State Water Project whether as part of an affiliate or a Federal Energy Regulatory Commission, Comments at 8; Connecticut Commission separate owner. Allowing a transmitting 888 First Street NE, Washington, DC Comments at 28, n.50; NESCOE Comments at 30; New Jersey Agencies Comments at 11 and 18–19; or electric utility to receive an incentive New York Coalition Comments at 15, n.3; 10 State for such assets would unduly extend the 39 44 U.S.C. 3507(d). Entities Comments at 13. duration of the incentive and would 40 5 CFR 1320.

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20426 (via email DataClearance@ accordance with submission guidelines utilities who have received the ferc.gov or telephone (202) 502–8663). at www.reginfo.gov/public/do/PRAMain; Transmission Organization Incentive for 25. The Commission solicits Using the search function under the three years have updated their rates to comments on the Commission’s need for ‘‘Currently Under Review field,’’ select remove the benefit, as described in this this information, whether the Federal Energy Regulatory Commission; NOPR. click ‘‘submit’’ and select ‘‘comment’’ to information will have practical utility, 33. Internal Review: The Commission the accuracy of the burden estimates, the right of the subject collection. 27. Title: FERC–516, Electric Rate has reviewed the changes and has ways to enhance the quality, utility, and determined that such changes are clarity of the information to be collected Schedules and Tariff Filings. 28. Action: Proposed revision of necessary. These requirements conform or retained, and any suggested methods to the Commission’s need for efficient for minimizing respondents’ burden, collection of information in accordance information collection, communication, including the use of automated with RM20–10–000. 29. OMB Control No.: 1902–0096 and management within the energy information techniques. (FERC–516). industry. The Commission has specific, 26. Send written comments on FERC– 30. Respondents for this Rulemaking: objective support for the burden 516 to the Office of Management and Transmitting utilities for which the estimates associated with the Budget (OMB) through Commission has granted incentive- information collection requirements. www.reginfo.gov/public/do/PRAMain, based rate treatment for joining Attention: Federal Energy Regulatory Transmission Organizations. 34. The Commission estimates that no Commission Desk Officer. Please 31. Frequency of Information more than 190 transmitting utilities identify the OMB control number Collection: One time for transmitting currently receive a 50-basis-point ROE (1902–0096) in the subject line. Your utilities for which the Commission has incentive for membership in a comments should be sent within 30 granted incentive-based rate treatment Transmission Organization.41 The days of publication of this notice in the for joining Transmission Organizations. Commission estimates that the NOPR Federal Register. OMB submissions 32. Necessity of Information: Required would affect the burden 42 and cost 43 of must be formatted and filed in to determine whether the transmitting FERC–516 as follows: ESTIMATED AVERAGE ONE-TIME CHANGE TO FERC–516, DUE TO PROPOSED CHANGES IN SUPPLEMENTAL NOPR IN DOCKET NO. RM20–10–000

Annual estimated Total estimated Annual estimated number of burden hours & total Area of modification Number of number of responses Average burden hours & estimated cost respondents responses per (Column B × cost per response (Column D × respondent Column C) Column E)

A. B. C. D. E. F.

Filings regarding updated rates reflecting the ter- 190 1 190 80 hours; $6,640 ...... 15,200 hours; $1,261,600. mination of the Transmission Organization In- centive.

Total Proposed Changes for FERC–516 in ...... 80 hours; $6,640 ...... 15,200 hours; $1,261,600. Supplemental NOPR in RM20–10–000.

35. We seek comments on the significant adverse effect on the human VI. Regulatory Flexibility Act estimated burden and the number of 44 We conclude that environment. 37. The Regulatory Flexibility Act of transmission owners affected by the neither an Environmental Assessment 1980 46 generally requires a description proposed changes. nor an Environmental Impact Statement and analysis of proposed and final rules V. Environmental Analysis is required for this Supplemental NOPR that will have significant economic under § 380.4(a)(15) of the impact on a substantial number of small 36. The Commission is required to Commission’s regulations, which prepare an Environmental Assessment entities. The RFA mandates provides a categorical exemption for consideration of regulatory alternatives or an Environmental Impact Statement approval of actions under sections 205 for any action that may have a that accomplish the stated objectives of and 206 of the FPA relating to the filing a proposed rule and minimize any of schedules containing all rates and 41 The sum of the ‘‘transmission owners’’ significant economic impact on a 47 according to the websites of the six RTOs/ISOs is charges for the transmission or sale of substantial number of small entities. 190. The Commission uses this conservative electric energy subject to the The Small Business Administration estimate, while noting that not every transmitting Commission’s jurisdiction, plus the (SBA) sets the threshold for what utility has sought an incentive for membership in a Transmission Organization, and also that a parent classification, practices, contracts, and constitutes a small business. Under 48 company may seek the incentive on behalf of regulations that affect rates, charges, SBA’s size standards, transmission numerous affiliate companies. classification, and services.45 owners fall under the category of 42 ‘‘Burden’’ is the total time, effort, or financial Electric Bulk Power Transmission and resources expended by persons to generate, Control (NAICS code 221121),49 with a maintain, retain, or disclose or provide information to or for a Federal agency. For further explanation of what is included in the information collection 46 5 U.S.C. 601–612. burden, refer to 5 CFR 1320.3. 47 Id. 603(c). 44 Regulations Implementing the National 43 Commission staff estimates that respondents’ 48 13 CFR 121.201. hourly wages (including benefits) are comparable to Environmental Policy Act, Order No. 486, 52 FR 49 The North American Industry Classification those of FERC employees. Therefore, the hourly 47897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783 System (NAICS) is an industry classification system cost used in this analysis is $83.00 ($172,329 per (1987) (cross-referenced at 41 FERC ¶ 61,284). that Federal statistical agencies use to categorize year). 45 18 CFR 380.4(a)(15). Continued

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size threshold of 500 employees the eFiling link on the Commission’s dissenting with a separate statement (including the entity and its website at http://www.ferc.gov. The attached. associates).50 Commission accepts most standard Commissioner Danly is dissenting 38. We estimate that 190 transmitting word processing formats. Documents with a separate statement attached. utilities are affected by the NOPR. We created electronically using word Commissioner Christie is concurring estimate that approximately 87.5% (or processing software should be filed in with a separate statement attached. approximately 166 transmitting utilities) native applications or print-to-PDF of those 190 entities are small entities, format and not in a scanned format. Issued: April 15, 2021. according to information collected from Commenters filing electronically do not Nathaniel J. Davis, Sr., the websites of the six RTOs/ISOs. We need to make a paper filing. Deputy Secretary. estimate additional one-time costs 41. Commenters that are not able to In consideration of the foregoing, the associated with the NOPR (as shown in file comments electronically must send Commission proposes to amend part 35, the table in paragraph 34) of: $6,640 an original of their comments to: chapter I, title 18, Code of Federal each for the 190 filers (transmitting Federal Energy Regulatory Commission, Regulations, as follows. utilities in RTOs/ISOs) of FERC–516. Secretary of the Commission, 888 First According to SBA guidance, the Street NE, Washington, DC 20426. Subpart G—Transmission determination of significance of impact Submission of filings other than by Infrastructure Investment Provisions ‘‘should be seen as relative to the size USPS should be delivered to: Federal of the business, the size of the Energy Regulatory Commission, 12225 ■ 1. The authority citation for subpart G competitor’s business, and the impact Wilkins Avenue, Rockville, MD 20852. continues to read as follows: the regulation has on larger Authority: 16 U.S.C. 791a–825r, 2601– 51 VIII. Document Availability competitors.’’ We do not consider the 2645; 31 U.S.C. 9701; 41 U.S.C. 7101–7352. estimated cost to be a significant 42. In addition to publishing the full ■ 2. In § 35.35(f) is revised to read: economic impact. As a result, pursuant text of this document in the Federal to section 605(b) of the RFA, the Register, the Commission provides all § 35.35 Transmission infrastructure Commission certifies that the proposals interested persons an opportunity to investment. in this Supplemental NOPR will not view and/or print the contents of this have a significant economic impact on (f) Incentives for joining a document via the internet through the a substantial number of small entities. Transmission Organization. For Commission’s Home Page (http:// purposes of this incentive, Transmission VII. Comment Procedures www.ferc.gov). At this time, the Organization means a Regional 39. The Commission invites interested Commission has suspended access to Transmission Organization, persons to submit comments on the the Commission’s Public Reference Independent System Operator, matters and issues proposed in this Room due to the President’s March 13, independent transmission provider, or notice to be adopted, including any 2020 proclamation declaring a National other transmission organization finally related matters or alternative proposals Emergency concerning the Novel approved by the Commission for the that commenters may wish to discuss. Coronavirus Disease (COVID–19). operation of transmission facilities. The Comments are due May 26, 2021. Reply 43. From the Commission’s Home Commission will permit transmitting comments are due June 10, 2021. Page on the internet, this information is utilities and electric utilities that join a Comments must refer to Docket No. available on eLibrary. The full text of Transmission Organization the ability to RM20–10–000, and must include the this document is available on eLibrary recover prudently incurred costs commenter’s name, the organization it in PDF and Microsoft Word format for associated with joining the represents, if applicable, and its address viewing, printing, and/or downloading. Transmission Organization in their in its comments. All comments will be To access this document in eLibrary, jurisdictional rates. Additionally, for a placed in the Commission’s public files type the docket number excluding the transmitting utility that joins a and may be viewed, printed, or last three digits of this document in the Transmission Organization and turns downloaded remotely as described in docket number field. over operational control of the the Document Availability section 44. User assistance is available for applicant’s wholesale transmission below. Commenters on this proposal are eLibrary and the Commission’s website facilities to the Transmission not required to serve copies of their during normal business hours from the Organization, the Commission will comments on other commenters. Commission’s Online Support at (202) authorize a 50-basis-point increase in 40. The Commission encourages 502–6652 (toll free at 1–866–208–3676) return on equity for three years, comments to be filed electronically via or email at [email protected], commencing from the date the or the Public Reference Room at (202) transmitting utility turns over businesses for the purpose of collecting, analyzing, 502–8371, TTY (202) 502–8659. Email operational control of the facilities, if and publishing statistical data related to the U.S. economy. United States Census Bureau, North the Public Reference Room at the transmitting utility has not American Industry Classification System, https:// [email protected]. previously been a member of a www.census.gov/eos/www/naics/. Transmission Organization. 50 The threshold for the number of employees List of Subjects in 18 CFR Part 35 indicates the maximum allowed for a concern and Electric power rates, Electric utilities, Appendix A—Abbreviated Names of its affiliates to be considered small. Commenters 51 U.S. Small Business Administration, A Guide Reporting and recordkeeping for Government Agencies How to Comply with the requirements. The following table contains the Regulatory Flexibility Act, at 18 (May 2012), https:// abbreviated names of all commenters in www.sba.gov/sites/default/files/advocacy/rfaguide_ By direction of the Commission. 0512_0.pdf. Commissioner Chatterjee is this docket.

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Commenter Abbreviation (full name)

ACORE ...... American Council on Renewable Energy. Advanced Energy Buyers ...... Advanced Energy Buyers Group. Advanced Energy Management ...... Advanced Energy Management Alliance. AEP ...... American Electric Power Company. Alliant ...... Alliant Energy Corporate Services, Inc./DTE Electric Company. Ameren ...... Ameren Services Company. Americans for a Clean Energy Grid ...... Americans for a Clean Energy Grid. American Manufacturers ...... American Manufacturers. APPA ...... American Public Power Association. Avangrid ...... Avangrid Networks, Inc. AWEA ...... American Wind Energy Association. Blue Ridge ...... Blue Ridge Power Agency. CAISO ...... California ISO. California Commission ...... California Public Utility Commission. California Municipals ...... California Municipal Utilities Association. California State Water Project ...... California Department of Water Resources. California Utilities ...... Pacific Gas and Electric/San Diego Gas and Electric. Connecticut Commission ...... Connecticut Public Utilities Regulatory Authority. Consumer Organization Groups ...... Consumer Organization Groups. CTC Global ...... CTC Global Corporation. Delaware and District of Columbia Public Advocates ...... Delaware Division of the Public Advocate. East Texas Coops ...... East Texas and Northeast Texas Electric Cooperatives. Eastern Massachusetts Municipals ...... Eastern Massachusetts Consumer Owned Systems. EDF Renewables ...... EDF Renewables, Inc. EEI ...... Edison Electric Institute. ELCON ...... Electricity Consumers Resource Council, American Chemistry Council, and American Forest & Paper Association. Energy Storage Association ...... Energy Storage Association. Eversource ...... Eversource Energy Service Company. Exelon ...... Exelon Corporation. GridLiance ...... GridLiance Holdco, LP. GridPolicy ...... GridPolicy, Inc. Hiorns ...... Hiorns Smart Energy Networks. Individual Consumers ...... Individual Consumers. Institute for Policy Integrity ...... Institute for Policy Integrity at the New York University School of Law. ITC ...... ITC Holdings Corporation. Joint State Committees ...... Organization of MISO States. Kansas Commission ...... Kansas Corporation Commission. Louisiana Energy Users ...... Louisiana Energy Users Group. LS Power ...... LSP Transmission Holdings II, LLC. Maryland Commission ...... Maryland Public Service Commission. MISO ...... Midcontinent Independent System Operator, Inc. MISO Transmission Owners ...... MISO Transmission Owners. National Grid ...... National Grid USA. Navopache ...... Navopache Electric Cooperative, Inc. NESCOE ...... New England States Committee on Electricity. New England Public Systems ...... Massachusetts Municipal Wholesale Electric Company and New Hampshire Electric Cooperative Inc. New Jersey Agencies ...... New Jersey Board of Public Utilities and the New Jersey Division of Rate Counsel. New York Coalition ...... New York State Public Service Commission, the City of New York, Multiple Intervenors, and Consumer Power Advocates. New York Transmission Owners ...... Indicated New York Transmission Operators. New York Transco ...... New York Transco, LLC. NextEra ...... NextEra Energy Transmission, LLC. Northern California Power Agency ...... Northern California Power Agency. Northern Virginia Coop ...... Northern Virginia Electric Cooperative, Inc. NRECA ...... National Rural Electric Cooperative Association. Ohio Commission Energy Advocate ...... Public Utility Commission of Ohio Office of the Federal Energy Advo- cate. PJM ...... PJM Interconnection, L.L.C. PJM Market Monitor ...... Independent Market Monitor for PJM Interconnection. PJM States ...... Organization of PJM States. PJM Transmission Owners ...... PJM Transmission Owners. Potomac Economics ...... Potomac Economics, LTD. Protect Our Power ...... Protect Our Power. Prysmian ...... Prysmian Group. Public Interest Organizations ...... Public Interest Organizations. R Street Institute ...... R Street Institute. Railroad Electrification Council ...... Railroad Electrification Council. Resale Power Group of Iowa ...... Resale Power Group of Iowa. Schulte Associates ...... Schulte Associates LLC. Smart Wires ...... Smart Wires.

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Commenter Abbreviation (full name)

SMUD ...... Sacramento Municipal Utility District. SPP ...... Southwest Power Pool. SPP Transmission Owners ...... Indicated Southwest Power Pool, Inc. Transmission Owners. State Utility Consumer Advocates ...... National Association of State Utility Consumer Advocates. Steel Manufacturers ...... Steel Manufacturers Association. TAPS ...... Transmission Access Policy Study Group. Ten State Entities ...... Southern New England State Agencies. Transmission Dependent Coops ...... Transmission Dependent Utilities Systems. Union of Concerned Scientists ...... Union of Concerned Scientists. Virginia Consumer Counsel ...... Virginia Office of Attorney General, Division of Consumer Counsel. WATT Coalition ...... Working for Advanced Transmission Technologies Coalition and Ad- vanced Energy Economy. WIRES ...... WIRES. XBRL US ...... XBRL US.

Department of Energy Incentive] is a recognition of the majority provides no basis for its subtle Federal Energy Regulatory Commission benefits that flow from membership in but meaningful contortion of the statue, such organizations.’’ 4 The Commission which, as noted above, requires that the Electric Transmission Incentives Policy reasoned that it would be unduly Commission ‘‘provide for incentives to Under Section 219 of the Federal discriminatory for the Commission to each . . . utility that joins a Power Act consider the benefits of membership in Transmission Organization’’ and does CHATTERJEE, Commissioner, determining the appropriate ROE for not—as the majority would have you dissenting: new members but not for similarly believe—require the Commission ‘‘to 1. I strongly oppose today’s situated entities that are already provide an incentive for joining rather supplemental NOPR. It mischaracterizes members.5 In Order No. 679–A, the than remaining in a Transmission the plain language of the Federal Power Commission found that the best way to Organization.’’ 10 Act (FPA) in order to strip utilities of ensure benefits to as many consumers as The Supplemental NOPR Will Slow the the Transmission Organization possible ‘‘is to provide an incentive that Energy Transition and Stymie Needed Incentive, even though the utility RTO/ is widely available to member utilities Investments ISO membership has led to substantial of Transmission Organizations.’’ 6 The consumer benefits and is vital to the Commission determined that the 5. I could understand the majority’s energy transition and the development Transmission Organization Incentive is proposal to eviscerate the Transmission of much-needed transmission in the ‘‘entirely consistent’’ with FPA section Organization Incentive if doing so RTO/ISO regions. 219’s purpose, which is to establish accomplished an important or even The Supplemental NOPR Proposal Fails incentives ‘‘that benefit consumers by articulable policy objective. But the To Reasonably Implement the Statute ensuring reliability and reducing the proposal is—bafflingly—contrary to the cost of delivered power.’’ 7 Finally, the current Administration’s federal clean 2. FPA section 219(c) requires that the 11 Commission ‘‘provide for incentives to Commission explained that ‘‘limit[ing] energy goals. To meet such aggressive each transmitting utility or electric the incentive to only utilities yet to join goals, we will need both robust utility that joins a Transmission Transmission Organizations offers no organized markets and an enormous inducement to stay in these Organization.’’ 1 Nowhere in the statute organizations for members with the is the Commission directed to provide to ignoring the increasing burdens placed on option to withdraw, and hence risks member utilities and the fact that the billions of incentives only to each utility that reducing Transmission Organization dollars of benefits the RTOs/ISOs provide through newly joined a Transmission membership and its attendant benefits utility membership accrue to consumers—not to the Organization, or to those that utilities, as the majority would have you believe— to consumers.’’ 8 voluntarily joined a Transmission the majority completely disregards WIRES’ clear 4. The supplemental NOPR does not warning that, with a proposal like today’s, ‘‘there Organization. Indeed, by advancing even attempt to grapple with any of the is a very real risk that RTO/ISO membership could these arbitrary restrictions,2 the Commission’s well-reasoned prior remain static (at best) or shrink (at worst).’’ WIRES supplemental NOPR proposal will Comments at 14. holdings. Rather, the majority merely 10 eviscerate the Transmission See Supplemental NOPR at P 6. offers a conclusory statement that a new 11 See, e.g., Executive Order 14008, 86 FR 7619 Organization Incentive and is therefore 9 3 interpretation is reasonable. The (Jan. 27, 2021), available at https:// inconsistent with the statute. www.whitehouse.gov/briefing-room/presidential- 3. In Order No. 679, the Commission 4 Promoting Transmission Investment through actions/2021/01/27/executive-order-on-tackling- correctly explained that the ‘‘basis for Pricing Reform, Order No. 679, 71 FR 43293, 116 the-climate-crisis-at-home-and-abroad (setting forth the [Transmission Organization FERC ¶ 61,057, at P 331 (2006), order on reh’g, the goal of ‘‘put[ting] the United States on a path Order No. 679–A, 72 FR 1152, 117 FERC ¶ 61,345 to achieve net-zero emissions, economy-wide, by no (2006), order on reh’g 119 FERC ¶ 61,062 (2007). later than 2050’’); see also, e.g., Ronald Brownstein, 1 16 U.S.C. 824s(c). Infrastructure plan: How Biden’s zero-carbon 5 Id. 2 For example, the supplemental NOPR does not revolution would broaden the energy map, CNN 6 explain how the majority arrived at a three-year Order No. 679–A, 117 FERC ¶ 61,345 at P 86. (Apr. 6, 2021), https:/www.msn.com/en-us/news/ incentive or even attempt to justify why three years 7 Id. us/infrastructure-plan-how-biden-s/-zero-carbon- is the appropriate duration for utilities to receive 8 Id. By design, the Supplemental NOPR proposal revolution-would-broaden/-the-energy-map/ar- the incentive. attempts to limit the incentive to utilities yet to join BB1fkZ5q (explaining that President Biden’s 3 Because so few utilities have joined a Transmission Organizations. See supra note 3. American Jobs Plan includes ‘‘a provision that Transmission Organization in the last three years, 9 Supplemental NOPR at P 8 (offering nothing would require every state to generate all of its today’s proposal would eliminate the Transmission more than a blanket suggestion that the existing electricity by 2035 from fuels that do not produce Organization Incentive for the vast majority of Transmission Organization Incentive ‘‘may not any of the carbon emissions linked to global climate existing RTO members. balance utility and ratepayer interests’’). In addition change’’).

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amount of investment in transmission,12 $400 million annual cost of the successfully manage record levels of and we will need to put Americans to Transmission Organization Incentive wind generation, which would not be work building the grid of the future.13 may appear large without any context,19 possible if its footprint were broken into If this Commission hopes to run fast it is quite literally pennies on the dollar dozens of balancing areas.24 SPP’s CEO toward these energy transition goals, it when compared to the more than $10 Barbara Sugg identified four factors must not shoot itself in the foot by billion of annual benefits to ratepayers behind SPP’s successful integration of eliminating the Transmission generated from RTO/ISO membership. renewable energy: (1) SPP’s large Organization Incentive. The majority has lost sight of the forest consolidated balancing authority takes 6. RTOs and ISOs, while imperfect, for the trees. I share the concern advantage of its scale to match the many have been enormously successful in expressed by WIRES that any course- sellers of renewable power with a broad generating billions of dollars of annual reversal ‘‘on maintaining the availability footprint of buyers; (2) SPP sits at the benefits to consumers. MISO estimates of the RTO/ISO Participation Incentive crossroads of the nation’s highest wind that it produces between $3.1 and $3.9 . . . would undermine the and solar resources; (3) SPP has a robust billion of annual net economic benefits Commission’s decades-long policy of transmission infrastructure that allows in the form of ‘‘improved reliability, supporting the development and renewable energy to be sent long compliance, more efficient use of expansion of RTOs/ISOs and the distances; and (4) SPP enjoys a robust existing assets and reduced need for corresponding benefits to consumers day-ahead and real-time energy additional assets.’’ 14 PJM estimates its they provide.’’ 20 market.25 SPP’s impressive integration annual savings at between $3.2 and $4.0 7. Moreover, as we move towards a of wind paints a clear picture: RTOs billion in the form of more efficient clean energy future, the importance of provide a platform for a successful regional transmission planning, lower RTOs/ISOs will only continue to energy transition. That platform can aggregate generation reserve grow.21 As just one example, large only remain viable if existing utility requirements, encouraging replacement energy consumer Google, which members remain in RTOs. of less-efficient generators, and reducing recently articulated a goal of running on 9. I whole-heartedly agree with the electricity production costs.15 SPP carbon-free energy everywhere by current chorus of calls for more effective estimates that savings from its markets 2030,22 put it this way: regional and interregional transmission planning, including more expansive and transmission planning services The key to managing [renewable] provide more than $2.2 billion of annual intermittency at low cost has been the ability competitive bidding processes and interregional planning.26 But we cannot benefits.16 According to National Grid, to use large, interconnected, highly ignore that the RTO/ISO regions are the ISO–NE is expected to produce savings integrated electricity grids and associated liquid wholesale markets. As renewable leaders and catalysts on these fronts. of more than $600 million per year.17 penetrations grow, it will be critical to shift The Commission staff’s 2020 State of the Based on these four estimates, one could from balkanized, isolated electricity markets Markets Report noted that ‘‘four reasonably conclude that these RTOs/ to regional, interconnected grids and transmission planning regions . . . ISOs alone produce more than $10 markets. This will create larger balancing awarded to developers or requested billion of annual benefits for areas to better manage intermittency, increase proposals for new transmission projects consumers.18 Though the estimated price efficiency through greater liquidity and market transparency, and allow renewables as part of a competitive bidding process.’’ 27 All four of these 12 See, e.g., Eric Wolff, Down to the wire: Biden’s to be delivered from distant but resource-rich green goals face a power grid reckoning, Politico geographies to the load centers where they transmission planning regions are RTO/ (Apr. 8, 2021), https:/www.politico.com/news// are needed.23 ISO regions—PJM, NYISO, SPP, and 2021/04/08/biden-green-/goals-power-grid-480446 8. Real world experience bears this ISO–NE.28 Commission staff also (‘‘President Joe Biden’s dream of a climate-friendly electric grid hangs on a slender wire: his out. We already have seen SPP 24 administration’s ability to speed the construction of On March 29, 2021, SPP broke four renewable records, with wind penetration surpassing 80% for thousands of miles of power lines.’’). programs/market-policy-innovations/organized- the first time in SPP history and reaching a 13 See Fact Sheet, The American Jobs Plan, https:/ markets/. renewable penetration record of 84.2%. Kassia 19 www.whitehouse.gov//briefing-room/statements- Supplemental NOPR at P 9 & n.21. Micek, SPP breaks four renewable, wind records releases//2021/03/31/fact-sheet-the-american-/jobs- 20 WIRES Reply Comments at 5. causing power prices to dip negative, S&P Global plan/ (setting forth the goal to ‘‘put hundreds of 21 See, e.g., REBA, Organized Wholesale Markets, (Mar. 30, 2021) https://www.spglobal.com/platts/ thousands of people to work’’ on projects to include https://rebuyers.org/programs/market-policy- en/market-insights/latest-news/electric-power/ ‘‘laying thousands of miles of transmission lines’’). innovations/organized-markets/ (‘‘[O]rganized 033021-spp-breaks-four-renewable-wind-records- 14 See MISO, 2020 MISO Value Proposition, (Feb. wholesale markets produce billions in customer causing-power-prices-to-dip-negative. 2021), https://cdn.misoenergy.org//2020%20Value savings annually, they are critical to efficient 25 American Council for Renewable Energy, How %20Propostion/%20Exec%20Summary521884.pdf. decarbonization and clean energy integration, and Southwest Power Pool Sets Renewable Records 15 See PJM, PJM Value Proposition, (Jul. 2019), increase customers’ ability to drive the clean energy Daily (Apr. 8, 2021), https://acore.org/how- https://www.pjm.com/-/media/about-pjm/pjm- transition.’’). southwest-power-pool-sets-renewable-records- value-proposition.ashx. 22 See Sundar Pichai, Our Third Decade of daily/. 16 See SPP, 14-to-1 The Value of Trust, at 3 (May Climate Action: Realizing a Carbon-free Future 26 See, e.g., Americans for a Clean Energy Grid, 2019), https://spp.org/documents//58916/14-to- (Sept. 14, 2020), https://blog.google/outreach- Planning for the Future, FERC’s Opportunity to 1%20value%20of%20trust%2020190524%20 initiatives/sustainability/our-third-decade-climate- Spur More Cost-effective Transmission web.pdf. action-realizing-carbon-free-future. Infrastructure, at 8 (Jan. 2021), (‘‘As we look to the 17 National Grid Comments at 8 (citing 23 Google, Achieving Our 100% Renewable future, much more regional and inter-regional Supplemental Answering Testimony of Kenneth B. Energy Purchasing Goal and Going Beyond (Dec. power exchange will be needed for national energy Bowes on Behalf of the NETOs, Docket No. EL16– 2016), https://www.gstatic.com/gumdrop/ security, reliability, resilience, cost-effectiveness, 64, Exh. No. NET–02600 at 9 and accompanying sustainability/achieving-100-renewable-energy- and economic competitiveness.’’). Exhibit No. NET–02601 (July 31, 2017)). purchasing-goal.pdf. See also Advanced Energy 27 Commission Staff, State of the Markets 2020, 18 This estimate is likely understated because it Buyers Group, Organized Wholesale Markets and (Mar. 2021), https://www.ferc.gov/sites/default/ does not include the benefits to consumers from Advanced Energy Procurement (Jan. 2021), https:// files/2021-03/State-of-the-Markets-2020-Report.pdf. CAISO or NYISO. In addition, according to info.aee.net/hubfs/AEE_AEBG%20-%20 28 Id. MISO is engaging with stakeholders to Renewable Energy Buyers Alliance (REBA), which WholesaleMkts_1.19.21.pdf (‘‘[E]xpanding and develop its Long-Range Transmission Planning advocates for ‘‘instituting organized wholesale improving [organized wholesale] markets would initiative to holistically assess the region’s future markets in all regions of the country,’’ the creation open new opportunities for large customers to meet transmission needs in light of expected resource of an RTO in the Southeast would generate an their own emission reduction and renewable energy evolution and electrification. See MISO, Long- estimated $19.2 billion in annual savings. REBA, goals while also accelerating the broader energy Range Transmission Plan Roadmap, (Mar. 2021), Organized Wholesale Markets, https://rebuyers.org/ transition.’’). Continued

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identified two promising developments Department of Energy expire after three years. I disagree pertaining to inter-regional transmission Federal Energy Regulatory Commission because that is not what the statute says. planning: (1) MISO’s board approved an 4. First, the Commission’s new belief interregional project previously Electric Transmission Incentives Policy contradicts fourteen years of precedent approved by PJM; and (2) MISO and Under Section 219 of the Federal interpreting unchanged statutory text. SPP announced a joint project to find Power Act 5. Second, the Commission’s comprehensive, cost-effective projects DANLY, Commissioner, dissenting: consistent interpretation of the statute along the MISO–SPP seam. Again, these 1. That ‘‘that’’ is a word that the since its inception is correct. The developments are driven by RTO/ISOs. English language overtasks and that Commission is to provide incentives to Now is not the time to undercut them. leads to confusion cannot be disputed. a utility ‘‘that joins’’ an RTO. The 10. Finally, the existing Transmission But ‘‘that’’ does not mean ‘‘to,’’ and that statute does not limit the incentive Organization Incentive modestly is what the majority freights ‘‘that’’ with solely to encourage utilities ‘‘to join’’ an increases the overall ROE awarded to in this order. That is why I dissent. RTO; it does not address the issue of 2. Section 219(c) of the Federal Power utilities in RTO/ISO regions. Preserving whether they ‘‘remain’’ in the RTO. If Act provides that ‘‘the Commission or increasing the incentive would better Congress intended the RTO adder to shall . . . provide for incentives to each only apply as an incentive ‘‘to join’’ an position such utilities to compete for transmitting utility or electric utility capital, thereby enhancing large-scale RTO, it would have said so. It did not. 29 that joins a Transmission The statute requires incentives to an transmission investment. Stable 1 Organization.’’ And this is what the entity ‘‘that joins’’ an RTO, full stop, no incentives create much-needed Commission has done since this text ‘‘regulatory certainty for investors, limitation. was added to the Federal Power Act in 6. It is not our role to second guess planners, and transmission owners to 2005,2 providing a 50-basis-point adder inform decisions regarding long-term Congress. It is irrelevant whether the to the return on equity of transmission majority ‘‘believes’’ the RTO adder is no planning and the deployment of utilities in Regional Transmission 30 longer necessary as an incentive for a capital.’’ Lowering overall ROEs, as Organizations (RTO).3 These incentives the majority proposes to do here, may utility ‘‘that joins’’ an RTO to stay in the do not expire unless the transmission RTO. If the majority or anyone else has push investment away from utility leaves the RTO.4 transmission projects and towards other a problem with the statute, their sole 3. The majority, however, states that recourse is through Congress. sectors of the economy or to lower risk it now ‘‘believe[s] that it is reasonable projects. 7. Just as the statutory text is not to read FPA section 219(c) to direct the limited to an incentive for a utility ‘‘to 11. If the Commission is truly Commission to provide an incentive for join’’ an RTO, it also is not limited to committed to advancing policies to ‘join[ing]’ a Transmission Organization a utility that ‘‘voluntarily’’ joins a build out our transmission system to and not for remaining in a Transmission Transmission Organization. That word deliver clean, reliable, and affordable 5 Organization in perpetuity.’’ The does not appear in the statute. I oppose energy services, it should not support incentive, therefore, would be limited to inserting this further limitation into the today’s proposal. A far better approach ‘‘each transmitting utility or electric statutory text.6 would be to move forward with a utility to join[ ] a Transmission 8. The majority also fails to consider comprehensive suite of reforms to Organization’’ and the incentive would the effects of its proposed change on provide incentives for the transmission utilities that have not yet joined an 1 projects that provide the most benefits 16 U.S.C. 824s(c) (emphasis added). RTO. There are large portions of the 31 2 See Promoting Transmission Investment through to consumers. Unfortunately, with country that have no RTO. Recent today’s order, the Commission has taken Pricing Reform, Order No. 679, 116 FERC ¶ 61,057, at P 326 (2006), order on reh’g, Order No. 679–A, events suggest that utilities in these its eye off the ball. 117 FERC ¶ 61,345 (2006), order on reh’g, 119 FERC regions are contemplating joining an For these reasons, I respectfully ¶ 61,062 (2007). existing RTO or forming a new one. The dissent. 3 See Electric Transmission Incentives Policy Under Section 219 of the Federal Power Act, 175 Commission should be taking actions to lllllllllllllllllll FERC ¶ 61,035, at P 2 (2021). encourage such decisions. Instead, we Neil Chatterjee, 4 There is but one reasonable reading of this are proposing to reduce the benefits to provision. ‘‘That’’ in this sentence is a relative utilities that join RTOs based on a Commissioner. pronoun. Its function is to introduce a restrictive relative clause. It does no more than identify the strained, erroneous interpretation of the universe of entities eligible for the incentive. Its statute. Utilities considering RTO https://cdn.misoenergy.org/20210317%20PAC%20 antecedent is ‘‘transmitting utility or electric participation are sure to take note not Item%2003a%20Long%20Range%20 utility.’’ The same essential meaning would be only of the reduction in benefits Transmission%20Plan%20Initial% conveyed were we to substitute another relative 20Roadmap531009.pdf. I am not aware of any pronoun by treating the utilities as people. In that attendant to RTO participation that the similar holistic region-wide initiative in the non- case, we could re-state the provision as: ‘‘the Commission proposes today, but also of RTO/ISO planning regions. Commission shall . . . provide for incentives to the Commission’s willingness to take 29 See London Economic, Economic each transmitting utility or electric utility who joins extraordinary steps to reduce those Considerations in the Matter of Transmission a transmission organization.’’ This language admits Incentives, (July 2020), https://wiresgroup.com/wp- for no limitation. It establishes a category of eligible benefits. This is not the signal we content/uploads/2020/07/LEI-Expert-Paper-on- entities (they must be transmission or electric _ FERC-NOPR Electric-Transmission-Incentives-July- utilities). It then restricts the category by requiring 6 I recognize that the Ninth Circuit has ruled that 1-2020.pdf. the satisfaction of a further condition (they must under the Commission’s Order No. 679 30 WIRES Reply Comments at 4–5. join an RTO). There is also no limitation in the implementing the relevant statutory text ‘‘the 31 March NOPR, 170 FERC ¶ 61,204, at PP 3–11. verb. ‘‘Joins’’ is the 3rd person singular present voluntariness of a utility’s membership in a I support moving forward with a final rule that active indicative form of the verb ‘‘to join.’’ ‘‘Joins’’ transmission organization is logically relevant to adopts the March NOPR proposal, albeit with some is a simple aspect verb; it is neither completed nor whether it is eligible for an adder.’’ Cal. Pub. Utils. narrow adjustments. For example, rather than continuous. Accordingly, a (somewhat) stilted Comm’n v. FERC, 879 F.3d 966, 975 (9th Cir. 2018); providing Economic Benefits Incentives to Latinate expression of the Congressional mandate see Promoting Transmission Investment Through transmission projects based on their benefit-to-cost might read: ‘‘the utility joins; the Commission Pricing Reform, Order No. 679, 116 FERC ¶ 61,057, ratios, I would instead provide such incentives provides.’’ order on reh’g, Order No. 679–A, 117 FERC ¶ 61,345 based on net benefits in an effort to ensure that the 5 Electric Transmission Incentives Policy Under (2006), order on reh’g, Order No. 679–B, 119 FERC incentives flow to the most beneficial—likely Section 219 of the Federal Power Act, 175 FERC ¶ 61,062 (2007). The Court did not address the regional and inter-regional—transmission projects. ¶ 61,035 at P 6. meaning of the statutory text itself.

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should be sending to utilities that, to such adders are duplicative of other customers to the monopoly (or near- date, have resisted RTO participation. Commission incentives already granted monopoly). 9. For similar reasons, I support a 100- to public utilities by virtue of their 7. So, utility regulation developed the basis point adder to a utility ‘‘that joins’’ participation in an RTO/ISO.4 cost-of-service model, which tries to an RTO. RTOs provide enormous cost 4. It bears repeating that while section duplicate the results of a competitive benefits to consumers. We should 219 of the Federal Power Act (FPA) market where there is none. This is a continue to provide strong incentives to requires the Commission to provide challenge that one of my law students utilities to join and to remain in RTOs certain incentives—such as an incentive once described as trying to paint a so that consumers can reap the cost for joining an RTO/ISO—it also requires rainbow. The painting will never be a benefits of power markets. That is what that resulting rates continue to be just rainbow, but you want to come as close the statute requires, and I would and reasonable.5 As noted by the as possible. strengthen these incentives for any Delaware Division of Public Advocate 8. One of the most important costs utility ‘‘that joins’’ an RTO. and the Office of the People’s Counsel that utilities are allowed to recover in For these reasons, I respectfully for of the District of Columbia, cost-of-service regulation is the cost of dissent. ‘‘Congress did not intend for [FPA capital, which consists of the cost of lllllllllllllllllll section 219], or the rules promulgated debt and the cost of equity. The cost of James P. Danly, pursuant to it, to unjustly enrich equity is ROE. The Supreme Court of utilities and RTO members at the Commissioner. the United States set forth the customers’ expense.’’ 6 I agree. constitutional standard for determining Department of Energy 5. I also agree with the supplemental ROE in its workhorse case of Bluefield Federal Energy Regulatory Commission NOPR’s conclusion that section 219 of Water Works v. Public Service the FPA does not require an incentive Commission of West Virginia.10 The Electric Transmission Incentives Policy for RTO/ISO participation to take the Court said, in a standard still in use Under Section 219 of the Federal form of an ROE adder 7 and with its today, that investors in a utility Power Act request for commenters to propose company had a right to a return that is: CHRISTIE, Commissioner, concurring: alternative, non-ROE incentives that equal to that generally being made at the 1. I concur with today’s supplemental 8 would qualify under section 219. Since same time and in the same region of the Notice of Proposed Rulemaking (NOPR) the FPA does not require the award of country on investments in other business 1 because it moves in the right direction. ROE adders in this instance, I believe undertakings which are attended by I write separately, however, to explain their use should be the subject of corresponding risks and uncertainties, but [a my reasons. reassessment. I also share the concern public utility] has no constitutional right to 2. The Commission has previously previously expressed by Chairman Glick profits such as are realized or anticipated in enumerated the benefits of RTO/ISO regarding ‘‘gratuitous handouts at highly profitable enterprises or speculative 11 participation to both public utilities and customers’ expense....’’9 ventures. consumers, so the costs and benefits of 6. In addition to the obvious impact 9. Utility regulators, in setting an such membership are not at issue here. on consumer costs, the broader reason ROE, attempt to set the ROE based on At a time, however, when transmission for this need for reassessment goes to the actual market for equity capital, costs are already a significant and rising the very purpose of utility regulation. taking into account, under the Bluefield part of consumers’ retail bills,2 ROE Utility regulation developed for one standard, the level of risk faced by adders needlessly burden consumers primary purpose: To protect captive investors in a company that has a with substantial additional costs customers of utility monopolies from monopoly on a vital public service without demonstrable evidence that the exercise of market power which versus the level of risk undertaken by they actually incentivize the particular monopolies, by definition, have and investors in a company in a fiercely action they are aimed at incentivizing. will exercise. Market power is, of competitive market. In the latter case, 3. Given the state of play today, I course, the ability of a seller to charge investors have no guarantee of receiving agree with certain commenters that the and sustain a price above the price it a single dollar of profit on their invested RTO adder ‘‘provides an unnecessary could charge in a competitive market, capital. Further, for riskier ventures in windfall [with] no nexus to public resulting in an unfair and uneconomic the energy sector, such as certificated utilities’ decisions to join or remain in transfer of wealth from captive facilities that face significant costs an RTO.’’ 3 It may also be the case that during the development phase, those Massachusetts Municipal Wholesale Electric risks can be factored into the 1 See Supplemental NOPR at PP 9–11. Company, New Hampshire Electric Cooperative, Inc., and Connecticut Municipal Electric Energy determination of the actual cost of 2 See, e.g., California Municipal Utilities equity capital. Not all utilities face the Association July 1, 2020 Comments at 3 (explaining Cooperative July 1, 2020 Comments at 12; New that ‘‘[s]ince 2001, the CAISO’s TAC has risen by York State Public Service Commission, the City of same risks in each case. a whopping 700%,’’ and ‘‘[s]ince 2010, spending on New York, Multiple Intervenors, and Consumer 10. That is all to say, setting the ROE transmission has increased by almost 400%.’’); see Power Advocates July 1, 2020 Joint Comments at 16; State Entities July 1, 2020 Comments at 13; is a fact-intensive inquiry that requires also Transmission Access Policy Study Group July California Public Utilities Commission July 1, 2020 the regulator’s best effort at determining 1, 2020 Comments at 7 (‘‘The impact of the current Comments at 40. 50 basis point [RTO] adder on businesses and the actual market cost of equity capital 4 consumers is enormous—roughly $400 million per National Association of State Utility Consumer for investments of similar risk. Once it’s year and growing.’’); Monitoring Analytics, LLC, Advocates July 1, 2020 Motion to Intervene and set, however, adding basis points to the Comments at 20. Independent Market Monitor for PJM, State of the ROE makes the regulator not the Market Report for PJM for 2020 at 17 (March 11, 5 16 U.S.C. 824s(c). 2021), https://www.monitoringanalytics.com/ 6 Delaware Division of the Public Advocate and guardian against market power, but the reports/PJM_State_of_the_Market/2020/2020-som- the Office of the People’s Counsel for the District facilitator of it. For by definition, an pjm-vol1.pdf (‘‘In 2020, for the first time since the of Columbia July 1, 2020 Comments at 2. ROE adder raises the cost of capital start of the PJM RPM Capacity Market in 2007, the 7 See Supplemental NOPR at P 16. above the market cost, inflicting on 8 cost of transmission in the total price per MWh of Id. consumers exactly the harm that utility wholesale power was greater than the cost of 9 Electric Transmission Incentives Policy Under capacity.’’). Section 219 of the Federal Power Act, 170 FERC 3 Kansas Corporation Commission July 1, 2020 ¶ 61,204 (2020) (Glick, Comm’r, dissenting in part 10 262 U.S. 679 (1923). Notice of Intervention and Comments at 18; see also at P 25). 11 Id. at 692–93 (emphasis added).

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regulation is supposed to prevent. In Correction DATES: Comment due date: June 25, sum, an ROE adder is a subsidy. In the Federal Register of Friday, 2021. 11. As a result, absent a clear November 27, 2020 (85 FR 75971), in FR ADDRESSES: Interested persons are declaration from Congress that a FERC- Doc. 2020–26049, the following authorized incentive must take the form invited to submit comments regarding correction is made: this document. Comments should refer of an ROE adder—which it did not On page 75971, in the third column, require for RTO participation to the above docket number and title. in the headings of the document, There are two methods for submitting incentives—awarding an ROE adder for ‘‘[Docket No. FDA–2020–N–2111]’’ is any length of time as a ‘‘reward’’ for comment: corrected to read ‘‘[Docket No. FDA– 1. Electronic submission of comments: joining an RTO/ISO may be inconsistent 2021–F–0201]’’. with FPA section 219’s concurrent Comments may be submitted mandate that rates must be just and Dated: April 15, 2021. electronically through the Federal reasonable and not unduly Lauren K. Roth, eRulemaking Portal at discriminatory or preferential. Acting Principal Associate Commissioner for www.regulations.gov. HUD strongly 12. Because this supplemental NOPR Policy. encourages commenters to submit proposes to limit the use of ROE adders [FR Doc. 2021–08241 Filed 4–23–21; 8:45 am] comments electronically. Electronic for RTO/ISO membership to three years BILLING CODE 4164–01–P submission of comments allows the after joining—a welcome first move—I commenter maximum time to prepare respectfully concur. I look forward, and submit a comment, ensures timely however, to commenters’ responses DEPARTMENT OF HOUSING AND receipt by HUD, and enables HUD to regarding non-ROE incentives. URBAN DEVELOPMENT make them immediately available to the For these reasons, I respectfully public. Comments submitted concur. 24 CFR Part 93 electronically through the lllllllllllllllllll www.regulations.gov website can be [Docket No. FR–5246–N–04] viewed by other commenters and Mark C. Christie, RIN 2506–AC30 interested members of the public. Commissioner. Commenters should follow instructions [FR Doc. 2021–08215 Filed 4–23–21; 8:45 am] Housing Trust Fund: Request for provided on that site to submit BILLING CODE 6717–01–P Public Comment on Prior Interim Rule comments electronically. 2. Submission of comments by mail: AGENCY: Office of the Assistant Comments may be submitted by mail to Secretary for Community Planning and the HUD Regulations Division, Office of DEPARTMENT OF HEALTH AND Development, Department of Housing Community Planning and Development, HUMAN SERVICES and Urban Development (HUD). Department of Housing and Urban Food and Drug Administration ACTION: Request for public comment. Development, 451 7th Street SW, SUMMARY: Washington, DC 20410–8000; telephone: 21 CFR Part 573 This document seeks comments regarding the Housing Trust (202) 708–2625 (this is not a toll-free [Docket No. FDA–2021–F–0201] Fund (HTF) program administered by number), or toll free (800) 481–9895. HUD. On January 30, 2015, an interim Hearing- or speech-impaired individuals Ag Chem Resources, LLC; Filing of final rule was published in the Federal may access these numbers through TTY Food Additive Petition (Animal Use); Register establishing regulations by calling the Federal Relay Service at Correction governing the administration of HTF (800) 877–8339 (this is a toll-free number). AGENCY: Food and Drug Administration, and the formula that determines how HTF funds are distributed among Note: To receive consideration as Department of Health and Human public comments, comments must be Services. eligible grantees. In the interim rule, HUD stated its intention to open the submitted through one of the two ACTION: Notification of petition; interim rule for public comment once methods specified above. Again, all correction. funding was made available and the submissions must refer to the docket number and title of this document. SUMMARY: The Food and Drug grantees gained experience in Administration (FDA or we) is administering the HTF program. Since No Facsimile Comments. Facsimile correcting a notification entitled ‘‘Ag the publication of the interim rule, HTF (FAX) comments are not acceptable. Chem Resources, LLC; Filing of Food funds have been allocated to eligible Public Inspection of public comments: Additive Petition (Animal Use)’’ that grantees in Federal Fiscal Years 2016 All properly submitted comments and appeared in the Federal Register of through 2021. Grantees have had communications submitted to HUD will November 27, 2020. The document was adequate time to administer the HTF be available for public inspection and published with the incorrect docket under the interim rulemaking and gain copying between 8 a.m. and 5 p.m. number. This document corrects that experience necessary to provide weekdays at the above address. Due to error. substantive comments on the security measures at the HUD workability of the HTF program Headquarters building, an appointment DATES: This document is publishing in requirements and ways program to review the public comments must be the Federal Register on April 26, 2021. administration can be improved. In scheduled in advance by calling the FOR FURTHER INFORMATION CONTACT: addition to comments on the interim Regulations Division at (202) 402–5731 Chelsea Cerrito, Center for Veterinary rule, HUD is asking for the public to (this is not a toll-free number). Medicine, Food and Drug consider and comment on additional Individuals with speech or hearing Administration, 7519 Standish Pl., issues that may inform its rulemaking. impairments may access this number Rockville, MD 20855, 240–402–6729, HUD will consider all comments via TTY by calling the Federal Relay [email protected]. submitted in undertaking further Service at (800) 877–8339. Copies of all SUPPLEMENTARY INFORMATION: rulemaking for the HTF. comments submitted are available for

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inspection and downloading at funds to eligible grantees in accordance CFR 93.200(a)(1) and definition of www.regulations.gov. with the established formula in federal operating costs at 24 CFR 93.201(e)(1), FOR FURTHER INFORMATION CONTACT: fiscal years 2016, 2017, 2018, 2019, which defines operating costs as ‘‘costs Virginia Sardone, Director, Office of 2020, and 2021 and grantees now have for insurance, utilities, real property Affordable Housing Programs, Room experience administering the HTF taxes, and maintenance and scheduled 7164, Department of Housing and Urban funds. Therefore, HUD is opening the payments to a reserve for replacement of Development, 451 Seventh Street SW, interim rule for comment by grantees, major systems (provided that the Washington, DC 20410–7000; telephone stakeholders, and any other interested payments must be based on the useful (202) 708–2684. (This is not a toll-free members of the public. This document life of each major system and expected number.) A telecommunications device also poses additional issues for the replacement cost) of an HTF-assisted for hearing- and speech-impaired public to consider. unit;’’ 6. What changes to the HTF program persons (TTY) is available at 800–877– II. This Document 8339 (Federal Information Relay could improve program administration Service). This document seeks input from the and more effectively address the public on current program requirements housing needs of the population it is SUPPLEMENTARY INFORMATION: as well as specific issues identified intended to serve? below. HUD will consider comments I. Background Kevin J. Bush, received in each public comment phase The Housing and Economic Recovery Deputy Assistant Secretary for Grant prior to final rulemaking to evaluate Act of 2008 (HERA) (Pub. L. 110–289, Programs. potential modifications to the rule. approved July 30, 2008) established the [FR Doc. 2021–08529 Filed 4–23–21; 8:45 am] HUD’s goal is improving Grantees’ Housing Trust Fund (HTF) to be ability to effectively administer HTF BILLING CODE 4210–67–P administered by HUD. The HTF was funds and providing flexibility to the established for the purpose of increasing greatest extent possible within the HTF and preserving the supply of decent, program’s statutory framework to carry DEPARTMENT OF HOMELAND safe, sanitary, and affordable housing, out the statutory purpose of the HTF, SECURITY with primary attention to rental housing which is increasing and preserving the for extremely low and very low-income Coast Guard supply of rental housing for extremely families, including homeless families, low- and very low-income families, and to increase homeownership for 33 CFR Part 100 including homeless families, and extremely low-and very low-income increasing homeownership for [Docket Number USCG–2021–0262] families. HERA directs HUD to extremely low-and very low-income establish, through regulation, the RIN 1625–AA08 families. formula for distribution of amounts made available for the HTF. HUD III. Request for Public Comment Special Local Regulation; Potomac published the proposed formula for the River, Between Jones Point, VA, and This document offers the opportunity National Harbor, MD allocation of HTF funds for public for the public to provide comments, comment on December 4, 2009 (74 FR information, and recommendations on AGENCY: Coast Guard, DHS. 63938). In addition, HERA directs HUD the HTF interim rule. The Department ACTION: Notice of proposed rulemaking. to establish regulations to administer will consider all relevant comments SUMMARY: The Coast Guard is proposing the HTF. A proposed rule on the submitted, but specifically solicits to establish temporary special local administration of the HTF was comment on the following, in addition regulations for certain waters of the published for public comment on to the interim rule: October 29, 2010 (75 FR 66978). The 1. Income targeting requirements, Potomac River. This action is necessary Department received 13 public including the requirement at 24 CFR to provide for the safety of life on these comments on the proposed formula 93.250(a) that 100 percent of HTF funds navigable waters located between Jones notification and 98 public comments on be used for extremely low-income Point, VA, and National Harbor, MD, the proposed program rule. After households or families with incomes at during a swim event on June 6, 2021. This proposed rulemaking would consideration of all comments, HUD or below the poverty line (whichever is prohibit persons and vessels from responded to the comments in an greater) in years when funds made entering the regulated area unless interim rule published on January 30, available for HTF is less than $1 billion. authorized by the Captain of the Port 2015 (80 FR 5200) and included some For reference, 24 CFR 93.2 defines Maryland-National Capital Region or the changes which HUD summarized at 80 extremely low-income households as Coast Guard Event Patrol Commander. FR 5202. HUD also made conforming families whose annual incomes do not We invite your comments on this changes for HTF to several sections of exceed 30 percent of the median family proposed rulemaking. the Consolidated Plan rule in 24 CFR income of a geographic area, as part 91. The HTF interim rule is determined by HUD with adjustments DATES: Comments and related material currently codified at 24 CFR part 93. for smaller and larger families; must be received by the Coast Guard on In the interim rule, the Department 2. The rent limitations established at or before May 11, 2021. stated that after funding the HTF and 24 CFR 93.302(b); ADDRESSES: You may submit comments allocating funds to grantees, HUD would 3. The minimum 30-year period of identified by docket number USCG– solicit public comments on the interim affordability established at 24 CFR 2021–0262 using the Federal rule. HUD believes that this would 93.302(d) and 24 CFR 93.304(e); eRulemaking Portal at https:// allow for more informed policymaking 4. The property standards, including www.regulations.gov. See the ‘‘Public as HUD would be obtaining comments environmental standards established at Participation and Request for from grantees after grantees had 24 CFR 93.301; Comments’’ portion of the experience in administering the 5. The restrictions on the use of HTF SUPPLEMENTARY INFORMATION section for program. Since publication of the funds for operating cost assistance further instructions on submitting interim rule, HUD has allocated HTF (including reserves) established in 24 comments.

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FOR FURTHER INFORMATION CONTACT: If III. Discussion of Proposed Rule regulated area as instructed. Vessels you have questions about this proposed The COTP Maryland-National Capital would be required to operate at a safe rulemaking, call or email Mr. Ron Region is proposing to establish special speed that minimizes wake while Houck, U.S. Coast Guard Sector local regulations from 6:30 a.m. through within the regulated area. Official patrol Maryland-National Capital Region; 11 a.m. on June 6, 2021. There is no vessels would direct non-participants telephone 410–576–2674, email D05- alternate date planned for this event. while within the regulated area. DG-SectorMD-NCR-MarineEvents@ The regulated area would cover all The regulatory text we are proposing uscg.mil. navigable waters of the Potomac River, appears at the end of this document. SUPPLEMENTARY INFORMATION: encompassed by a line connecting the IV. Regulatory Analyses following points, beginning at Jones I. Table of Abbreviations We developed this proposed rule after Point Park, VA, shoreline at latitude considering numerous statutes and CFR Code of Federal Regulations ° ′ ″ ° ′ ″ 38 47 35 N, longitude 077 02 22 W, Executive orders related to rulemaking. COTP Captain of the Port thence east along the northern extent of DHS Department of Homeland Security Below we summarize our analyses the Woodrow Wilson Memorial (I–495/ based on a number of these statutes and FR Federal Register I–95) Bridge, at mile 103.8, to the NPRM Notice of proposed rulemaking Executive orders, and we discuss First Rosilie Island shoreline at latitude PATCOM Patrol Commander ° ′ ″ ° ′ ″ Amendment rights of protestors. § Section 38 47 36 N, longitude 077 01 32 W, U.S.C. United States Code thence south along the Maryland A. Regulatory Planning and Review shoreline to latitude 38°46′52″ N, Executive Orders 12866 and 13563 II. Background, Purpose, and Legal longitude 077°01′13″ W, at National direct agencies to assess the costs and Basis Harbor, MD shoreline, thence west benefits of available regulatory On April 12, 2021, WaveOne Open across the Potomac River to the George alternatives and, if regulation is Water of Washington, DC, notified the Washington Memorial Parkway highway necessary, to select regulatory Coast Guard that it will be conducting overpass and Cameron Run shoreline at approaches that maximize net benefits. the Washington’s Crossing 2021 from latitude 38°47′23″ N, longitude This NPRM has not been designated a 7:30 a.m. to 10 a.m. on June 6, 2021. The 077°03′03″ W, thence north along the ‘‘significant regulatory action,’’ under open water swim consists of Virginia shoreline to the point of origin. Executive Order 12866. Accordingly, approximately 160 participants The regulated area is approximately the NPRM has not been reviewed by the competing on a designated, marked 1,400 yards in length and 3,350 yards in Office of Management and Budget course located on the Potomac River, width. The proposed duration of the (OMB). downriver of and parallel to the rule and size of the regulated area are This regulatory action determination Woodrow Wilson Memorial (I–95/I–495) intended to ensure the safety of life on is based on the size, time of day and Bridge. The event is being staged out of these navigable waters before, during, duration of the regulated area, which National Harbor, MD. Hazards from the and after the open water swim, would impact a small designated area of swim competition include participants scheduled from 7:30 a.m. to 10 a.m. on the Potomac River for 4.5 hours. The swimming within and adjacent to the June 6, 2021. The COTP and the Coast Coast Guard would issue a Broadcast designated navigation channel and Guard Event Patrol Commander Notice to Mariners via VHF–FM marine interfering with vessels intending to (PATCOM) would have authority to channel 16 about the status of the operate within that channel, as well as forbid and control the movement of all regulated area. Moreover, the rule swimming within approaches to local vessels and persons, including event would allow vessels to seek permission public and private marinas and public participants, in the regulated area. to enter the regulated area, and vessel boat facilities. The Captain of the Port Except for Washington’s Crossing traffic would be able to safely transit the (COTP) Maryland-National Capital 2021 participants and vessels already at regulated area once the Event PATCOM Region has determined that potential berth, a vessel or person would be deems it safe to do so. hazards associated with the swim would required to get permission from the be a safety concern for anyone intending COTP or Event PATCOM before B. Impact on Small Entities to operate within specified waters of the entering the regulated area. Vessel The Regulatory Flexibility Act of Potomac River. operators would be able to request 1980, 5 U.S.C. 601–612, as amended, The Coast Guard is requesting that permission to enter and transit through requires Federal agencies to consider interested parties provide comments the regulated area by contacting the the potential impact of regulations on within a shortened comment period of Event PATCOM on VHF–FM channel small entities during rulemaking. The 15 days instead of the more typical 30 16. Vessel traffic would be able to safely term ‘‘small entities’’ comprises small days for this notice of proposed transit the regulated area once the Event businesses, not-for-profit organizations rulemaking. The Coast Guard believes a PATCOM deems it safe to do so. A that are independently owned and shortened comment period is necessary person or vessel not registered with the operated and are not dominant in their and reasonable to ensure the Coast event sponsor as a participant or fields, and governmental jurisdictions Guard has time to review and respond assigned as official patrols would be with populations of less than 50,000. to any significant comments submitted considered a non-participant. Official The Coast Guard certifies under 5 U.S.C. by the public in response to the NPRM Patrols are any vessel assigned or 605(b) that this proposed rule would not and has final rule in effect in time for approved by the Commander, Coast have a significant economic impact on the scheduled event. Guard Sector Maryland-National Capital a substantial number of small entities. The purpose of this rulemaking is to Region with a commissioned, warrant, While some owners or operators of protect event participants, non- or petty officer on board and displaying vessels intending to transit the safety participants, and transiting vessels a Coast Guard ensign. zone may be small entities, for the before, during, and after the scheduled If permission is granted by the COTP reasons stated in section IV.A above, event. The Coast Guard proposes this or Event PATCOM, a person or vessel this proposed rule would not have a rulemaking under authority in 46 U.S.C. would be allowed to enter the regulated significant economic impact on any 70034 (previously 33 U.S.C. 1231). area or pass directly through the vessel owner or operator.

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If you think that your business, their discretionary regulatory actions. In We encourage you to submit organization, or governmental particular, the Act addresses actions comments through the Federal jurisdiction qualifies as a small entity that may result in the expenditure by a eRulemaking Portal at https:// and that this rule would have a State, local, or tribal government, in the www.regulations.gov. If your material significant economic impact on it, aggregate, or by the private sector of cannot be submitted using https:// please submit a comment (see $100,000,000 (adjusted for inflation) or www.regulations.gov, call or email the ADDRESSES) explaining why you think it more in any one year. Though this person in the FOR FURTHER INFORMATION qualifies and how and to what degree proposed rule would not result in such CONTACT section of this document for this rule would economically affect it. an expenditure, we do discuss the alternate instructions. Under section 213(a) of the Small effects of this rule elsewhere in this We accept anonymous comments. Business Regulatory Enforcement preamble. Comments we post to https:// Fairness Act of 1996 (Pub. L. 104–121), www.regulations.gov will include any F. Environment we want to assist small entities in personal information you have understanding this proposed rule. If the We have analyzed this proposed rule provided. For more about privacy and rule would affect your small business, under Department of Homeland submissions in response to this organization, or governmental Security Directive 023–01, Rev. 1, document, see DHS’s eRulemaking jurisdiction and you have questions associated implementing instructions, System of Records notice (85 FR 14226, concerning its provisions or options for and Environmental Planning March 11, 2020). compliance, please call or email the COMDTINST 5090.1 (series), which Documents mentioned in this NPRM person listed in the FOR FURTHER guide the Coast Guard in complying as being available in the docket, and INFORMATION CONTACT section. The Coast with the National Environmental Policy public comments, will be in our online Guard will not retaliate against small Act of 1969 (42 U.S.C. 4321–4370f), and docket at https://www.regulations.gov entities that question or complain about have made a preliminary determination and can be viewed by following that this proposed rule or any policy or that this action is one of a category of website’s instructions. We review all action of the Coast Guard. actions that do not individually or comments received, but we will only cumulatively have a significant effect on post comments that address the topic of C. Collection of Information the human environment. This proposed the proposed rule. We may choose not This proposed rule would not call for rule involves implementation of to post off-topic, inappropriate, or a new collection of information under regulations within 33 CFR part 100 duplicate comments that we receive. If the Paperwork Reduction Act of 1995 applicable to organized marine events you go to the online docket and sign up (44 U.S.C. 3501–3520). on the navigable waters of the United for email alerts, you will be notified States that could negatively impact the when comments are posted or a final D. Federalism and Indian Tribal safety of waterway users and shore side rule is published. Governments activities in the event area lasting for A rule has implications for federalism eight hours. Normally such actions are List of Subjects in 33 CFR Part 100 under Executive Order 13132 categorically excluded from further Marine safety, Navigation (water), (Federalism), if it has a substantial review under paragraph L61 of Reporting and recordkeeping direct effect on the States, on the Appendix A, Table 1 of DHS Instruction requirements, Waterways. relationship between the National Manual 023–01–001–01, Rev. 1. We For the reasons discussed in the Government and the States, or on the seek any comments or information that preamble, the Coast Guard is proposing distribution of power and may lead to the discovery of a to amend 33 CFR part 100 as follows: responsibilities among the various significant environmental impact from levels of government. We have analyzed this proposed rule. PART 100—SAFETY OF LIFE ON this proposed rule under that Order and NAVIGABLE WATERS have determined that it is consistent G. Protest Activities with the fundamental federalism The Coast Guard respects the First ■ 1. The authority citation for part 100 principles and preemption requirements Amendment rights of protesters. continues to read as follows: described in Executive Order 13132. Protesters are asked to call or email the Authority: 46 U.S.C. 70041; 33 CFR 1.05– Also, this proposed rule does not have person listed in the FOR FURTHER 1. tribal implications under Executive INFORMATION CONTACT section to ■ 2. Add § 100.501T05–0262 to read as Order 13175 (Consultation and coordinate protest activities so that your follows: Coordination with Indian Tribal message can be received without Governments) because it would not jeopardizing the safety or security of § 100.501T05–0262 Washington’s Crossing have a substantial direct effect on one or people, places, or vessels. 2021, Potomac River, Between Jones Point, more Indian tribes, on the relationship VA, and National Harbor, MD. V. Public Participation and Request for between the Federal Government and (a) Regulated area. The regulations in Comments Indian tribes, or on the distribution of this section apply to the following area: power and responsibilities between the We view public participation as All navigable waters of the Potomac Federal Government and Indian tribes. essential to effective rulemaking, and River, encompassed by a line If you believe this proposed rule has will consider all comments and material connecting the following points, implications for federalism or Indian received during the comment period. beginning at Jones Point Park, VA, tribes, please call or email the person Your comment can help shape the shoreline at latitude 38°47′35″ N, ° ′ ″ listed in the FOR FURTHER INFORMATION outcome of this rulemaking. If you longitude 077 02 22 W, thence east CONTACT section. submit a comment, please include the along the northern extent of the docket number for this rulemaking, Woodrow Wilson Memorial (I–495/I–95) E. Unfunded Mandates Reform Act indicate the specific section of this Bridge, at mile 103.8, to the Rosilie The Unfunded Mandates Reform Act document to which each comment Island shoreline at latitude 38°47′36″ N, of 1995 (2 U.S.C. 1531–1538) requires applies, and provide a reason for each longitude 077°01′32″ W, thence south Federal agencies to assess the effects of suggestion or recommendation. along the Maryland shoreline to latitude

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38°46′52″ N, longitude 077°01′13″ W, at regulated area by other federal, state, 414–747–7148, email National Harbor, MD shoreline, thence and local agencies. [email protected]. west across the Potomac River to the (e) Enforcement period. This section SUPPLEMENTARY INFORMATION: George Washington Memorial Parkway will be enforced from 6:30 a.m. to 11 highway overpass and Cameron Run a.m. on June 6, 2021. I. Table of Abbreviations ° ′ ″ shoreline at latitude 38 47 23 N, Dated: April 15, 2021. CFR Code of Federal Regulations ° ′ ″ DHS Department of Homeland Security longitude 077 03 03 W, thence north Joseph B. Loring, along the Virginia shoreline to the point FR Federal Register Captain, U.S. Coast Guard, Captain of the NPRM Notice of proposed rulemaking of origin. These coordinates are based Port Maryland-National Capital Region. on datum NAD 1983. § Section [FR Doc. 2021–08457 Filed 4–23–21; 8:45 am] U.S.C. United States Code (b) Definitions. As used in this section— BILLING CODE 9110–04–P II. Background, Purpose, and Legal Captain of the Port (COTP) Maryland- Basis National Capital Region means the DEPARTMENT OF HOMELAND On March 16, 2021, the principal of Commander, U.S. Coast Guard Sector SECURITY Sturgeon Bay High School notified the Maryland-National Capital Region or Coast Guard that it will be conducting any Coast Guard commissioned, warrant Coast Guard a boat parade for graduates of the Class or petty officer who has been authorized of 2021 on May 29, 2021 from 11:00 by the COTP to act on his behalf. 33 CFR Part 165 a.m. through 1:30 p.m. The boat parade Coast Guard Event Patrol Commander [Docket Number USCG–2021–0192] will begin at Madelyn Marine, NW of (PATCOM) means a commissioned, Highway 42 bridge, proceed NW to the warrant, or petty officer of the U.S. RIN 1625–AA00 Michigan Street Bridge, cross the Coast Guard who has been designated channel towards the Maritime Museum, Safety Zone; Graduate Boat Parade, by the Commander, Coast Guard Sector then proceed SE, crossing back across Sturgeon Bay, WI Maryland-National Capital Region. the channel and ending at Madelyn Official patrol means any vessel AGENCY: Coast Guard, DHS. Marine. The Captain of the Port Sector assigned or approved by Commander, ACTION: Notice of proposed rulemaking. Lake Michigan (COTP) has determined Coast Guard Sector Maryland-National that potential hazards associated with Capital Region with a commissioned, SUMMARY: The Coast Guard is proposing the boat parade would be a safety warrant, or petty officer on board and to establish a temporary safety zone for concern for anyone within the safety displaying a Coast Guard ensign. certain waters of Sturgeon Bay, WI. This zone that is not participating in the boat Participant means all persons and action is necessary to provide for the parade. vessels registered with the event safety of life on these navigable waters The purpose of this rulemaking is to sponsor as participating in the during the boat parade for the Graduates ensure the safety of vessels and the ‘‘Washington’s Crossing 2021’’ swim of Sturgeon Bay High School on May 29, navigable waters of Sturgeon Bay event, or otherwise designated by the 2021. This proposed rulemaking would between the Highway 42 Bridge and event sponsor as having a function tied restrict usage by persons and vessels Michigan Street Bridge during the event. to the event. within the safety zone. At no time The Coast Guard is proposing this (c) Regulations. (1) Except for vessels during the effective period may non- rulemaking under authority in 46 U.S.C. already at berth, all non-participants are parade vessels transit the waters of 70034 (previously 33 U.S.C. 1231). prohibited from entering, transiting Sturgeon Bay between the Highway 42 The Coast Guard is issuing this through, anchoring in, or remaining Bridge and Michigan Street Bridge. temporary rule with an abridged notice within the regulated area described in These restrictions would apply to all and opportunity to comment pursuant paragraph (a) of this section unless vessels during the effective period to authority under section 4(a) of the authorized by the COTP Maryland- unless authorized by the Captain of the Administrative Procedure Act (APA) (5 National Capital Region or Event Port Lake Michigan or a designated U.S.C. 553(b)). This provision PATCOM. representative. We invite your authorizes an agency to issue a rule (2) To seek permission to enter, comments on this proposed rulemaking. without prior notice and opportunity to contact the COTP Maryland-National DATES: Comments and related material comment when the agency for good Capital Region at telephone number must be received by the Coast Guard on cause finds that those procedures are 410–576–2693 or on Marine Band or before May 11, 2021. ‘‘impracticable, unnecessary, or contrary Radio, VHF–FM channel 16 (156.8 to the public interest.’’ ADDRESSES: MHz) or the Event PATCOM on Marine You may submit comments Under 5 U.S.C. 553(b)(B), the Coast Band Radio, VHF–FM channel 16 (156.8 identified by docket number USCG– Guard finds that good cause exists for MHz). Those in the regulated area must 2021–0921 using the Federal not undertaking a thirty-day comment comply with all lawful orders or eRulemaking Portal at https:// period with respect to this rule because directions given to them by the COTP www.regulations.gov. See the ‘‘Public the Coast Guard received details of the Maryland-National Capital Region or Participation and Request for boat parade with insufficient time Event PATCOM. Comments’’ portion of the remaining to undergo a full thirty-day (3) The COTP Maryland-National SUPPLEMENTARY INFORMATION section for comment period. While it is Capital Region will provide notice of the further instructions on submitting impracticable to undergo a full thirty- regulated area through advanced notice comments. day comment period and still protect via Fifth Coast Guard District Local FOR FURTHER INFORMATION CONTACT: If the public from the hazards associated Notice to Mariners, broadcast notice to you have questions about this proposed with these operations, the Coast Guard mariners, and on-scene official patrols. rulemaking, call or email Chief Petty invites comments for the next fifteen (d) Enforcement officials. The Coast Officer Jeromy Sherrill, Sector Lake days. Guard may be assisted with marine Michigan Waterways Management Under 5 U.S.C. 553(d)(3), the Coast event patrol and enforcement of the Division, U.S. Coast Guard; telephone Guard finds that good cause exists for

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making this rule effective less than 30 requires Federal agencies to consider Also, this proposed rule does not have days after publication in the Federal the potential impact of regulations on tribal implications under Executive Register. Delaying the effective date of small entities during rulemaking. The Order 13175 (Consultation and this rule would be impracticable for the term ‘‘small entities’’ comprises small Coordination with Indian Tribal same reason stated above—immediate businesses, not-for-profit organizations Governments) because it would not action is needed to respond to the that are independently owned and have a substantial direct effect on one or potential safety hazards associated with operated and are not dominant in their more Indian tribes, on the relationship the boat parade. fields, and governmental jurisdictions between the Federal Government and with populations of less than 50,000. Indian tribes, or on the distribution of III. Discussion of Proposed Rule The Coast Guard certifies under 5 U.S.C. power and responsibilities between the The COTP is proposing to establish a 605(b) that this proposed rule would not Federal Government and Indian tribes. safety zone from 11:00 a.m. through 1:30 have a significant economic impact on If you believe this proposed rule has p.m. on May 29, 2021. The safety zone a substantial number of small entities. implications for federalism or Indian would cover all navigable waters of While some owners or operators of tribes, please call or email the person Sturgeon Bay between the Highway 42 vessels intending to transit the safety listed in the FOR FURTHER INFORMATION Bridge and Michigan Street Bridge. The zone may be small entities, for the CONTACT section. duration of the zone is intended to reasons stated in section IV.A above, E. Unfunded Mandates Reform Act ensure the safety of vessels and these this proposed rule would not have a navigable waters before, during, and significant economic impact on any The Unfunded Mandates Reform Act after the boat parade event. No vessels vessel owner or operator. of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of or person would be permitted to enter If you think that your business, their discretionary regulatory actions. In the safety zone without obtaining organization, or governmental particular, the Act addresses actions permission from the COTP or a jurisdiction qualifies as a small entity designated representative. The that may result in the expenditure by a and that this rule would have a State, local, or tribal government, in the regulatory text we are proposing appears significant economic impact on it, at the end of this document. aggregate, or by the private sector of please submit a comment (see $100,000,000 (adjusted for inflation) or IV. Regulatory Analyses ADDRESSES) explaining why you think it more in any one year. Though this qualifies and how and to what degree We developed this proposed rule after proposed rule would not result in such this rule would economically affect it. considering numerous statutes and an expenditure, we do discuss the Executive orders related to rulemaking. Under section 213(a) of the Small effects of this rule elsewhere in this Below we summarize our analyses Business Regulatory Enforcement preamble. Fairness Act of 1996 (Pub. L. 104–121), based on a number of these statutes and F. Environment Executive orders, and we discuss First we want to assist small entities in Amendment rights of protestors. understanding this proposed rule. If the We have analyzed this proposed rule rule would affect your small business, under Department of Homeland A. Regulatory Planning and Review organization, or governmental Security Directive 023–01, Rev. 1, Executive Orders 12866 and 13563 jurisdiction and you have questions associated implementing instructions, direct agencies to assess the costs and concerning its provisions or options for and Environmental Planning benefits of available regulatory compliance, please call or email the COMDTINST 5090.1 (series), which alternatives and, if regulation is person listed in the FOR FURTHER guide the Coast Guard in complying necessary, to select regulatory INFORMATION CONTACT section. The Coast with the National Environmental Policy approaches that maximize net benefits. Guard will not retaliate against small Act of 1969 (42 U.S.C. 4321–4370f), and This NPRM has not been designated a entities that question or complain about have made a preliminary determination ‘‘significant regulatory action,’’ under this proposed rule or any policy or that this action is one of a category of Executive Order 12866. Accordingly, action of the Coast Guard. actions that do not individually or the NPRM has not been reviewed by the C. Collection of Information cumulatively have a significant effect on Office of Management and Budget the human environment. This proposed (OMB). This proposed rule would not call for rule involves a safety zone lasting 2.5 This regulatory action determination a new collection of information under hours that would prohibit entry within is based on the characteristics of the the Paperwork Reduction Act of 1995 a relatively small portion of Sturgeon safety zone. The safety zone created by (44 U.S.C. 3501–3520). Bay. Normally such actions are this proposed rule will relatively small D. Federalism and Indian Tribal categorically excluded from further and is designed to minimize its impact Governments review under paragraph L60(a) of on navigable waters. This proposed rule Appendix A, Table 1 of DHS Instruction will prohibit entry into certain A rule has implications for federalism Manual 023–01–001–01, Rev. 1. A navigable waters of Sturgeon Bay, WI, under Executive Order 13132 preliminary Record of Environmental and it is not anticipated to exceed 2.5 (Federalism), if it has a substantial Consideration supporting this hours in duration. Thus, restrictions on direct effect on the States, on the determination is available in the docket. vessel movement within that particular relationship between the National For instructions on locating the docket, area are expected to be minimal. Government and the States, or on the see the ADDRESSES section of this Moreover, under certain conditions distribution of power and preamble. We seek any comments or vessels may still transit through the responsibilities among the various information that may lead to the safety zone when permitted by the levels of government. We have analyzed discovery of a significant environmental COTP Lake Michigan. this proposed rule under that Order and impact from this proposed rule. have determined that it is consistent B. Impact on Small Entities with the fundamental federalism G. Protest Activities The Regulatory Flexibility Act of principles and preemption requirements The Coast Guard respects the First 1980, 5 U.S.C. 601–612, as amended, described in Executive Order 13132. Amendment rights of protesters.

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Protesters are asked to call or email the Department of Homeland Security Delegation regarding a new expedited registration person listed in the FOR FURTHER No. 0170.1. option and a conforming amendment to INFORMATION CONTACT section to ■ 2. Add § 165.T09–0192 to read as the Office’s Freedom of Information Act coordinate protest activities so that your follows: regulations, under the Copyright message can be received without Alternative in Small-Claims jeopardizing the safety or security of § 165.T09–0192 Safety Zone; Graduate Enforcement Act. To qualify for this people, places, or vessels. Boat Parade, Sturgeon Bay, WI. expedited registration option, the (a) Location. All navigable waters of work(s) being registered must be the V. Public Participation and Request for Sturgeon Bay between the Highway 42 subject of a claim or counterclaim before Comments Bridge and Michigan Street Bridge. the Copyright Claims Board. The Office We view public participation as (b) Enforcement Period. The safety invites public comments on this essential to effective rulemaking, and zone described in paragraph (a) would proposed rule. will consider all comments and material be effective on May 29, 2021 from 11:00 DATES: Written comments must be received during the comment period. a.m. through 1:30 p.m. received no later than 11:59 p.m. Your comment can help shape the (c) Regulations. Eastern Time on May 26, 2021. (1) In accordance with the general outcome of this rulemaking. If you regulations in section § 165.23, entry ADDRESSES: For reasons of governmental submit a comment, please include the into, transiting, or anchoring within this efficiency, the Copyright Office is using docket number for this rulemaking, safety zone is prohibited unless the regulations.gov system for the indicate the specific section of this authorized by the Captain of the Port submission and posting of public document to which each comment Lake Michigan (COTP) or a designated comments in this proceeding. All applies, and provide a reason for each representative. comments are therefore to be submitted suggestion or recommendation. (2) This safety zone is closed to all electronically through regulations.gov. We encourage you to submit vessel traffic, except as may be Specific instructions for submitting comments through the Federal permitted by the COTP or a designated comments are available on the eRulemaking Portal at https:// representative. Copyright Office website at http:// www.regulations.gov. If your material (3) The ‘‘designated representative’’ of copyright.gov/rulemaking/case-act- cannot be submitted using https:// the COTP is any Coast Guard implementation/expedited-registration. www.regulations.gov, call or email the commissioned, warrant, or petty officer If electronic submission of comments is person in the FOR FURTHER INFORMATION who has been designated by the COTP not feasible due to lack of access to a CONTACT section of this document for to act on his or her behalf. computer and/or the internet, please alternate instructions. (4) Persons and vessel operators contact the Office using the contact We accept anonymous comments. All desiring to enter or operate within the information below for special comments received will be posted safety zone during the boat parade must instructions. without change to https:// contact the COTP or an on-scene FOR FURTHER INFORMATION CONTACT: John www.regulations.gov and will include representative to obtain permission to R. Riley, Assistant General Counsel, by any personal information you have do so. The COTP or an on-scene email at [email protected], Brad A. provided. For more about privacy and representative may be contacted via Greenberg, Assistant General Counsel, submissions in response to this VHF Channel 16. Vessel operators given by email at [email protected]. Each document, see DHS’s eRulemaking permission to enter or operate in the can be contacted by telephone at (202) System of Records notice (85 FR 14226, safety zone must comply with all 707–8350. March 11, 2020). directions given to them by the COTP or SUPPLEMENTARY INFORMATION: Documents mentioned in this NPRM an on-scene representative. I. Background as being available in the docket, and all Dated: April 14, 2021. public comments, will be in our online D.P. Montoro, A. Expedited Registration docket at https://www.regulations.gov and can be viewed by following that Captain, U.S. Coast Guard, Captain of the On December 27, 2020, the President Port Lake Michigan. website’s instructions. Additionally, if signed into law the Copyright you go to the online docket and sign up [FR Doc. 2021–08507 Filed 4–23–21; 8:45 am] Alternative in Small-Claims 1 for email alerts, you will be notified BILLING CODE 9110–04–P Enforcement (‘‘CASE’’) Act of 2020. when comments are posted or a final The CASE Act establishes the Copyright rule is published. Claims Board (‘‘CCB’’ or ‘‘Board’’), a LIBRARY OF CONGRESS voluntary, alternative forum to federal List of Subjects in 33 CFR Part 165 court for parties to seek resolution of Copyright Office Harbors, Marine safety, Navigation copyright disputes that have a low (water), Reporting and recordkeeping economic value (‘‘small copyright 37 CFR Parts 201, 203 and 221 2 requirements, Security measures, claims’’). The creation of the CCB does Waterways. [Docket No. 2021–2] 1 Public Law 116–260, sec. 212, 134 Stat. 1182, For the reasons discussed in the Copyright Alternative in Small-Claims 2176 (2020). preamble, the Coast Guard proposes to 2 See, e.g., H.R. Rep. No. 116–252, at 18–20 Enforcement (‘‘CASE’’) Act amend 33 CFR part 165 as follows: (2019); S. Rep. No. 116–105, at 7–8 (2019). Note, the Regulations: Expedited Registration CASE Act legislative history cited is for H.R. 2426 PART 165—REGULATED NAVIGATION and FOIA and S. 1273, the CASE Act of 2019, a bill nearly identical to the CASE Act of 2020. See H.R. 2426, AREAS AND LIMITED ACCESS AREAS AGENCY: U.S. Copyright Office, Library 116th Cong. (2019); S. 1273, 116th Cong. (2019). In of Congress. developing the CASE Act, Congress drew on model ■ 1. The authority citation for part 165 legislation in the Office’s 2013 policy report, ACTION: continues to read as follows: Notice of proposed rulemaking. Copyright Small Claims, https://www.copyright.gov/ docs/smallclaims/usco-smallcopyrightclaims.pdf Authority: 46 U.S.C. 70034, 70051; 33 CFR SUMMARY: The U.S. Copyright Office is (‘‘Copyright Small Claims’’). Congress also 1.05–1, 6.04–1, 6.04–6, and 160.5; issuing a notice of proposed rulemaking incorporated the Office’s report and supporting

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not displace or limit the ability to bring requirement enables the Copyright infringement dispute, the CASE Act small copyright claims in federal court, Office to compile a public record of mandates that the work at issue must be but rather provides a more accessible copyright claims that serves as a registered by the Office, and the other alternative forum.3 The CCB has valuable resource for potential users of parties in the proceeding must have an authority to hear copyright infringement works, ‘‘gives courts the benefits of the opportunity to address the registration claims, claims seeking a declaration of Register’s expertise on issues of certificate.18 Recognizing that some noninfringement, and misrepresentation registrability, and serves judicial infringement claims may involve works claims under section 512(f) of the economy by narrowing the issues that for which a registration application has Copyright Act, as amended by the must be litigated.’’ 11 The Supreme been submitted, but for which the Office Digital Millennium Copyright Act Court described the statutory has not yet rendered a decision, (‘‘DMCA’’).4 Participation in the CCB is registration requirement as ‘‘akin to an Congress directed the CCB to hold such voluntary for all parties,5 and all administrative exhaustion requirement proceedings in abeyance.19 If the Office 6 determinations are non-precedential. that the owner must satisfy before suing refuses the registration, the CCB action 12 The Copyright Office (‘‘Office’’) is in the to enforce ownership rights.’’ will be dismissed without prejudice; 20 process of standing up the CCB and last Additionally, the Copyright Act states the CCB also may dismiss an action month published a notification of that in most instances, for a copyright without prejudice if it has been held in owner to qualify for an award of inquiry regarding several rulemakings abeyance for at least one year, upon attorneys’ fees or statutory damages, the that the Office intends to promulgate providing thirty days written notice to infringed work(s) must have been and for which it invited public the parties.21 As Congress explained, comments.7 registered within three months of Congress directed the CCB ‘‘[t]his process is intended to strike a to begin operations by December 27, publication or, if unpublished, before balance between still encouraging 2021, though the Register may, for good the act of infringement.13 timely registration of works with the cause, extend that deadline by not more In considering the challenges facing promise of a higher damages caps [in than 180 days.8 those involved in small copyright Congress created the CCB to address claims, the Office and Congress federal court] with the reality that the challenges of litigating copyright recognized both the continued value of smaller creators may have numerous cases in federal court, including the copyright registration and the practical understandable reasons for not routinely 22 significant costs and time required. In difficulties smaller-value copyright engaging in the registration process.’’ doing so, it also considered the owners may have in registering their To ensure that the work at issue in a Copyright Act’s registration-related works. As the Office noted in its report, CCB proceeding is registered in a timely prerequisite to filing a federal lawsuit: 9 while copyright registration ‘‘helps to manner before the CCB issues a Copyright owners of U.S. works cannot produce a valuable public record of determination, the CASE Act directs the pursue infringement litigation until the American creativity as well as material Office to ‘‘establish regulations allowing Office has issued or refused a copyright information to parties in litigation,’’ at the Copyright Office to make a decision, registration, except in limited times it may also act as ‘‘a procedural on an expedited basis, to issue or deny circumstances.10 The registration hurdle for copyright claimants . . . who copyright registration for an may not be aware of the repercussions unregistered work that is at issue before materials into the statute’s legislative history. H.R. of not registering in a timely manner.’’ 14 the Board.’’ 23 The Office already has a Rep. No. 116–252, at 19; S. Rep. No. 116–105, at Congress echoed this sentiment, further process for expedited copyright 2. noting that ‘‘many small claimants 3 H.R. Rep. No. 116–252, at 17; S. Rep. No. 116– registration, called ‘‘special 105, at 2–3, 9. currently do not register their works handling,’’ 24 which is granted under 4 17 U.S.C. 1504(c)(1)–(3). The CCB cannot issue because they do not expect to be able to specific circumstances: Pending or 15 injunctive relief but can require that an infringing enforce their rights in federal court.’’ prospective litigation; customs matters; party cease or mitigate its infringing activity in the The CASE Act addresses these or contract or publishing deadlines that event such party agrees and the agreement is dynamics by allowing a party to file an reflected in the proceeding’s record. Id. at necessitate the expedited issuance of a infringement claim with the CCB once 1504(e)(2)(A)(i), (e)(2)(B). This provision also certificate.25 As explained below, the ‘‘a completed application, a deposit, and applies to parties making knowing material Office is not proposing to use the misrepresentations under section 512(f). Id. at the required fee for registration’’ have 1504(e)(2)(A)(ii). been delivered to the Office.16 The existing special handling processes to 5 See id. at 1504(a); H.R. Rep. No. 116–252, at 17, legislative history characterizes this institute the expedited registration 21; S. Rep. No. 116–105, at 3, 11. mechanism for a CCB matter, although 6 H.R. Rep. No. 116–252, at 21–22, 33; S. Rep. No. approach as taking ‘‘a more liberal attitude towards the commencement of the processes will be somewhat similar. 116–105, at 14. One difference will be the level of fees. 7 86 FR 16156 (Mar. 26, 2021). a proceeding while registration of a 8 Public Law 116–260, sec. 212(d), 134 Stat. at work is in progress.’’ 17 Thus, unlike in The special handling fee is not 2199. federal court, a party does not need to insignificant for qualifying applicants 26 9 Copyright Small Claims 107–09. obtain a registration prior to filing a and currently is set at $800; the Office 10 17 U.S.C. 411(a) (‘‘no civil action for claim before the CCB. But before the has found this to be an inelastic fee, and infringement of the copyright in any United States the fees collected are used to help offset work shall be instituted until preregistration or CCB renders a decision in any registration of the copyright claim has been made in accordance with this title’’ or ‘‘where the deposit, 11 Brief for the United States as Amicus Curiae 18 17 U.S.C. 1505(b)(1). application, and fee required for registration have Supporting Vacatur and Remand at 4, Reed Elsevier, 19 Id. at 1505(b)(2). been delivered to the Copyright Office in proper Inc. v. Muchnick, 559 U.S. 154 (2010) (No. 08–103). 20 Id. at 1505(b)(3); see also Copyright Small form and registration has been refused’’); Fourth 12 Fourth Estate, 139 S. Ct. at 887 (citation Claims at 108–109. Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, omitted). 21 17 U.S.C. 1505(b)(2). 139 S. Ct. 881 (2019) (holding that ‘‘registration 13 17 U.S.C. 412. 22 H.R. Rep. No. 116–252, at 26. occurs, and a copyright claimant may commence an 14 23 infringement suit, when the Copyright Office Copyright Small Claims at 16–17; see H.R. Rep. 17 U.S.C. 1505(d). registers a copyright’’). Note that the registration No. 116–252, at 25–26 (same). 24 37 CFR 201.3(d)(7). requirement applies only to ‘‘any United States 15 H.R. Rep. No. 116–252, at 26. 25 U.S. Copyright Office, Compendium of U.S. work’’ and not to foreign works. See 17 U.S.C. 16 17 U.S.C. 1505(a)(1). Copyright Office Practices sec. 623.2 (3d ed. 2021). 411(a). 17 H.R. Rep. No. 116–252, at 25. 26 37 CFR 201.3(d)(7)(i).

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other registration services.27 To help application for small claims expedited on its own exceed the maximum fee set defer the costs of expedited registration registration by making a request and by Congress, which would run counter before the CCB, the Office also needs to paying the fee as directed by the CCB. to the Act’s aims to keep the CCB charge a fee, but the cost cannot be so An important difference between the accessible for smaller economic actors. high as to deter participation.28 small claims expedited registration On the other hand, a de minimis fee Accordingly, the expedited registration process and the Office’s general special may not be appropriate either, as fee for a matter before the CCB will be handling procedures is that requests for expedited registration will impose real considerably lower than fees for special small claims expedition will be made to costs on the Office that would otherwise handling under other circumstances. the CCB, and not through the electronic need to be offset through registration system (currently known as appropriations. To keep the CCB B. Freedom of Information Act ‘‘eCO’’). Specifically, the claimant or accessible while helping to offset some The CASE Act limits the materials counterclaimant who has a pending of the anticipated increased costs of related to a CCB proceeding that must copyright application must indicate that small claims expedited registration, the be disclosed under the Freedom of the registration is pending and place the Office has determined that a $50 fee is Information Act (‘‘FOIA’’).29 The Office service request (‘‘SR’’) number issued by reasonable. The Office thus proposes is otherwise subject to FOIA, which, the Copyright Office’s Office of that applicants seeking small claims subject to certain conditions and Registration Policy and Practice 32 expedited registration pay a $50 fee for exceptions, requires agencies to make (‘‘RPP’’) on its claim or counterclaim each claim; this fee supplements the their records available to the public notice. That SR number can be used to relevant application fees for the type of either proactively or in response to a identify the work pending in RPP’s application at issue. In line with its request.30 The CASE Act limits the CCB registration application queue. If small overall approach to fee-setting, the documents, materials, and other records claims expedited registration request is Office intends to periodically reassess that must be disclosed under FOIA to granted, as discussed further below, RPP the reasonableness of the fee once ‘‘determinations, records, and will be notified and will use the SR additional data about the operation of information’’ that are published on the number to move the application up in this service becomes available. Office’s website and that relate to a CCB the queue. If the proceeding cannot Fifth, the request for small claims final determination.31 move forward because a registration expedited registration must be granted certificate for the work has not been before RPP is notified of the request. II. Proposed Rule issued, the CCB will hold the The bases for denying a request are Having carefully considered the above proceedings in abeyance until a failure to pay the required fee or issues and its own administrative and decision is made on the application. determination that the request would be operational constraints in administering Third, a claimant or counterclaimant unduly burdensome. If the request is the registration system, the Office now may only request small claims granted, RPP will ordinarily make a issues a proposed rule amending its expedited registration after it has decision on the application within ten regulations regarding expedited submitted a completed registration business days of receiving the request. registration for claimants engaged in application and the respondent has If RPP requires additional CCB proceedings, as well as a either opted in or has not timely opted correspondence with the applicant, this conforming amendment for disclosures out. This will also ensure that may extend the review timeline. under FOIA. The Office invites public registration applicants do not invoke the Sixth, the Office will continue to comment on any aspects of the amended CCB to receive special handling examine all copyright registration rules. treatment at a discounted rate when not applications under the same standards, genuinely intending to pursue their regardless of whether the application is A. Small Claims Expedited Registration claim through the CCB. reviewed under small claims expedited The Office proposes establishing Fourth, the fee for small claims registration, special handling, or the regulations for small claims expedited expedited registration must be timely general registration process. Whether a registration consistent with the statute. made for the required amount. The work is eligible for copyright First, before a claim or counterclaim small claims expedited registration fee registration is established by the may be asserted before the CCB, the supplements, and does not substitute Copyright Act and the Office’s copyright owner must have either been for, the registration application fee; it is regulations, and the CASE Act does issued a registration certificate for the intended to partially offset the costs for nothing to change that.34 work(s) at issue or submitted a the Office of accelerating the The Office proposes to establish this completed registration application, examination of works before the CCB. process as an interim rule. The CCB is deposit, and the required registration fee The CASE Act sets a statutory minimum a first-of-its-kind tribunal, and the to the Office. The CCB cannot hear a filing fee for a proceeding of $100; the Office recognizes that as it begins to claim or counterclaim related to a work statutory maximum, which includes the hear cases there may be a need to adjust for which the registration has been initial filing fee, may not exceed filing some processes. An interim rule will fees in federal district court, which help maintain flexibility to make rejected. 33 Second, the claimant or currently are set at $402. Accordingly, necessary modifications in response to counterclaimant must submit its the special handling fee of $800 would new evidence or unforeseen issues. The learned experiences of the CCB and the 32 The Office of Registration Policy and Practice 27 83 FR 24054, 24060 (May 24, 2018). ‘‘administers the U.S. copyright registration system parties that come before it may lead the 28 We note that the CASE Act states that the costs and advises the Register of Copyrights on questions Office to revise this rule to better fulfill of filing a CCB action ‘‘may not exceed the cost of of registration policy and related regulations and Congress’s intent for expedited filing an action in a district court of the United interpretations of copyright law.’’ 37 CFR 203.3(e). States, and shall be fixed in amounts that further registration under the CASE Act. This 33 See 28 U.S.C. 1914(a)–(b), note (2020) (District the goals of the Copyright Claims Board.’’ 17 U.S.C. Court Miscellaneous Fee Schedule); see also proposed rule is intended to establish 1510(c). Admin. Off. of the U.S. Courts, District Court 29 Id. at 1506(t)(4). Miscellaneous Fee Schedule (Dec. 2020), https:// 34 See 17 U.S.C. 102; Feist Publications, Inc., v. 30 See 5 U.S.C. 552. www.uscourts.gov/services-forms/fees/district- Rural Telephone Service Co., 499 U.S. 340 (1991); 31 17 U.S.C. 1506(t)(4). court-miscellaneous-fee-schedule. 37 CFR 202.1.

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procedures for small claims expedited exempt from disclosure under FOIA.35 PART 201—GENERAL PROVISIONS registration that will facilitate access to The Office invites public comment on the CCB while guarding against the proposed conforming amendment. ■ 1. The authority citation for part 201 improper requests. The Office invites continues to read as follows: List of Subjects public comment on these proposed Authority: 17 U.S.C. 702. changes. 37 CFR Part 201 ■ 2. Amend § 201.3 by: B. Freedom of Information Act Copyright, General provisions. ■ a. Redesignating paragraphs (d)(8) through (17) as paragraphs (d)(9) The Office also proposes a technical 37 CFR Part 203 through (18), respectively. edit to the Office’s FOIA regulations to Freedom of information. ■ b. Adding new paragraph (d)(8). reflect the CASE Act’s statutory The addition reads as follows: reference to FOIA. The edit will add 37 CFR Part 221 language stating that CCB Claims, Copyright, Registration. § 201.3 Fees for registration, recordation, determinations published on the and related services, special services, and Office’s website and related records and Proposed Regulations services performed by the Licensing information published on that website For reasons stated in the preamble, Division. may be disclosed under FOIA. All other the Copyright Office proposes to amend * * * * * materials related to CCB proceedings are 37 CFR chapter II as follows: (d) * * *

TABLE 1 TO PARAGRAPH (d)

Fees Special services ($)

******* (8) Small claims expedited registration fee for each claim ...... 50

*******

* * * * * § 221.1 Registration requirement. Claims Board may dismiss the claim or (a) A claim or counterclaim alleging counterclaim without prejudice after PART 203—FREEDOM OF infringement of an exclusive right in a providing thirty days written notice. INFORMATION ACT: POLICIES AND copyrighted work may not be asserted PROCEDURES § 221.2 Small claims expedited before the Copyright Claims Board registration. unless the legal or beneficial owner of ■ 3. The authority citation for part 203 the copyright has first delivered a (a) Eligibility. A claimant or continues to read as follows: completed application, a deposit, and counterclaimant alleging infringement of an exclusive right in a copyrighted Authority: 5 U.S.C. 552. the required fee for registration of the copyright to the Copyright Office and a work before the Copyright Claims Board ■ 4. Amend § 203.1 by adding a registration certificate has either been is eligible to expedite a copyright sentence at the end of the section to issued or has not been refused. registration application under this read as follows: (b) For a work that has not yet been section. This process shall be known as registered, a claimant or small claims expedited registration. § 203.1 General. counterclaimant who has a pending (b) Initiating small claims expedited * * * All information relating to application to register the work must registration. The small claims expedited proceedings of the Copyright Claims indicate on its claim or counterclaim registration process can only be initiated Board under chapter 15 of the Copyright notice that the work is pending after the claimant or counterclaimant Act is exempt from disclosure under registration and must include the work’s has both completed an application for FOIA, except for Copyright Claims service request (SR) number that was copyright registration and the Board determinations published on the assigned to the copyright registration respondent has opted in or not timely Copyright Office website and related claim. If the proceeding cannot continue opted out. To initiate the small claims expedited registration process, the records and information published on because of a pending registration, the qualifying claimant or counterclaimant that website. Copyright Claims Board shall hold proceedings in abeyance until the must make a request and pay the ■ 5. Add subchapter B, consisting of claimant or counterclaimant provides required fee as directed by the part 221, to read as follows: the Copyright Claims Board with the Copyright Claims Board. Parties should SUBCHAPTER B—COPYRIGHT CLAIMS certificate of registration or the request small claims expedited BOARD, LIBRARY OF CONGRESS registration number on the certificate of registration once the respondent has registration or certificate preview. The opted in or not timely opted out. Parties PART 221—REGISTRATION proceeding shall be dismissed without must not attempt to initiate small claims prejudice if the Copyright Claims Board expedited registration by using the Sec. is notified that the registration Copyright Office’s electronic registration 221.1 Registration requirement. application was rejected. If the system (eCO). 221.2 Small claims expedited registration. proceeding has been held in abeyance (c) Fee—(1) Amount. The small claims Authority: 17 U.S.C. 702, 1510. for more than one year, the Copyright expedited registration fee for each claim

35 17 U.S.C. 1506(t)(4).

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must be made for the appropriate DEPARTMENT OF THE INTERIOR document. You may submit a comment amount, as prescribed in § 201.3(c) of by clicking on ‘‘Comment Now!’’ this chapter. The fee for small claims Fish and Wildlife Service (2) By hard copy: Submit by U.S. mail expedited registration is intended to to: Public Comments Processing, Attn: accelerate the registration process for a 50 CFR Part 17 FWS–R4–ES–2019–0081, U.S. Fish and qualifying Copyright Claims Board [Docket No. FWS–R4–ES–2019–0081; Wildlife Service, MS: JAO/1N, 5275 claimant or counterclaimant that FF09E22000 FXES11130900000 201] Leesburg Pike, Falls Church, VA 22041– already has a pending registration 3803. application; it is in addition to, and RIN 1018–BD95 We request that you send comments only by the methods described above. does not offset, the fee for copyright Endangered and Threatened Wildlife We will post all comments on http:// registration. and Plants; Removal of the Dwarf- www.regulations.gov. This generally (2) Method of payment. (i) The fee for Flowered Heartleaf From the Federal means that we will post any personal small claims expedited registration must List of Endangered and Threatened information you provide us (see be submitted electronically to the Plants Copyright Claims Board and not through Information Requested, below, for more the Copyright Office’s electronic AGENCY: Fish and Wildlife Service, information). registration system (eCO). Interior. Document availability: The proposed (ii) A claimant or counterclaimant ACTION: Proposed rule. rule, draft PDM plan, and supporting shall follow instructions on the documents (including the species status Copyright Office website to make SUMMARY: We, the U.S. Fish and assessment (SSA) report, references electronic payments with credit or debit Wildlife Service (Service), propose to cited, and 5-year review) are available at cards, or directly from their bank remove the dwarf-flowered heartleaf http://www.regulations.gov under accounts by means of automated (Hexastylis naniflora), a plant endemic Docket No. FWS–R4–ES–2019–0081. clearing house (ACH) debit transactions. to the upper Piedmont region of western FOR FURTHER INFORMATION CONTACT: Applicants may not use a deposit North Carolina and upstate South Janet Mizzi, Field Supervisor, U.S. Fish account to make payments for small Carolina, from the Federal List of and Wildlife Service, Asheville claims expedited registration. Endangered and Threatened Plants Ecological Services Field Office, 160 (3) No refunds. The small claims (List). This determination is based on a Zillicoa St., Asheville, NC 28801; expedited registration fee is not thorough review of the best available telephone 828–258–3939. Persons who refundable, unless the small claims scientific and commercial data, which use a telecommunications device for the expedited registration request is denied indicate that the threats to the species deaf (TDD) may call the Federal Relay under paragraph (d) of this section. have been eliminated or reduced to the Service at 800–877–8339. point that the species no longer meets (d) Denied requests. If the applicant SUPPLEMENTARY INFORMATION: the definition of a threatened species, failed to pay the required fee or if the and does not meet the definition of an Information Requested Copyright Office determines that endangered species, under the expedited registration under this section We intend that any final action Endangered Species Act of 1973, as would be unduly burdensome, the resulting from this proposed rule will be amended (Act). We also announce the Office will notify the applicant that the based on the best scientific and availability of a draft post-delisting request has been denied and that the commercial data available and be as monitoring (PDM) plan for the dwarf- copyright registration claim will be accurate and as effective as possible. flowered heartleaf. We seek information, examined on a regular basis. Therefore, we request comments and data, and comments from the public (e) Granted requests. If the request for information from other concerned regarding this proposal to delist this governmental agencies (including, but expedited registration under this section species and on the draft PDM plan. is granted, the Office will make every not limited to, State and Federal DATES: attempt to examine the application or We will accept comments agencies and city or county the document within ten business days received or postmarked on or before governments), Native American tribes, after notice of the request is delivered June 25, 2021. Comments submitted the scientific community, industry, or by the Copyright Claims Board to the electronically using the Federal any other interested party concerning Copyright Office’s Office of Registration eRulemaking Portal (see ADDRESSES, this proposed rule. We particularly seek Policy and Practice, although the below) must be received by 11:59 p.m. comments on: Copyright Office cannot guarantee that Eastern Time on the closing date. We (1) Information concerning the all applications or all documents will be must receive requests for a public biology and ecology of dwarf-flowered registered or recorded within that hearing, in writing, at the address heartleaf; FOR FURTHER INFORMATION timeframe. shown in (2) Relevant data concerning any CONTACT by June 10, 2021. (f) Identical registration standards. threats (or lack thereof) to dwarf- The Copyright Office will apply the ADDRESSES: You may submit comments flowered heartleaf, particularly any data same practices and procedures set out in on this proposed rule by one of the on the possible effects of climate change the part when examining a copyright following methods: as it relates to habitat, as well as the registration claim, regardless of whether (1) Electronically: Go to the Federal extent of State protection and the applicant asks for small claims eRulemaking Portal: http:// management that would be provided to expedited registration. www.regulations.gov. In the Search box, this plant as a delisted species; enter FWS–R4–ES–2019–0081, which is (3) Current or planned activities Dated: April 20, 2021. the docket number for this rulemaking. within the geographic range of dwarf- Regan A. Smith, Then, click on the Search button. On the flowered heartleaf that may negatively General Counsel and Associate Register of resulting page, in the Search panel on impact or benefit the species; and Copyrights. the left side of the screen, under the (4) The draft PDM plan and the [FR Doc. 2021–08570 Filed 4–23–21; 8:45 am] Document Type heading, check the methods and approach detailed in it. BILLING CODE 1410–30–P Proposed Rule box to locate this Please include sufficient information

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with your submission (such as scientific review of classification actions under growing herbaceous plant in the journal articles or other publications) to the Act, we sought the expert opinions birthwort family (Aristolochiaceae). allow us to verify any scientific or of seven appropriate specialists Although dwarf-flowered heartleaf is commercial information you include. regarding the species status assessment restricted in range, it is not as rare as Please note that submissions merely (SSA) report, which informed this once thought (Service 2010, p. 15; North stating support for, or opposition to, the proposed rule. Out of the seven reviews Carolina Natural Heritage Program action under consideration without requested, we received no responses. (NCNHP) 2016, p. 4). When dwarf- providing supporting information, The purpose of peer review is to ensure flowered heartleaf was federally listed although noted, will not be considered our determination is based on in 1989, the listing rule described 24 in making a determination, as section scientifically sound data, assumptions, extant populations (and one extirpated 4(b)(1)(A) of the Act directs that and analyses. population) distributed across eight determinations as to whether any Because we will consider all counties in the upper Piedmont of North species is an endangered or a threatened comments and information received and South Carolina. As of 2018, the species must be made ‘‘solely on the during the comment period, our final distribution of this species consisted of basis of the best scientific and determinations may differ from this 78 populations distributed across 13 commercial data available.’’ proposal. Based on the new information counties in these two States. In North You may submit your comments and we receive (and any comments on that Carolina, it is found in Alexander, materials concerning this proposed rule new information), we may conclude that Burke, Caldwell, Catawba, Cleveland, by one of the methods listed in the species is still in danger of Gaston, Iredell, Lincoln, Polk, and ADDRESSES. We request that you send extinction, either now or in the Rutherford Counties. In South Carolina, comments only by the methods foreseeable future. Such final decisions it is found in Cherokee, Greenville, and described in ADDRESSES. would be a logical outgrowth of this Spartanburg Counties. If you submit information via http:// proposal, as long as we: (a) Base the Dwarf-flowered heartleaf is www.regulations.gov, your entire decisions on the best scientific and historically known to have a restricted submission—including any personal commercial data available after range due to its habitat requirements. identifying information—will be posted considering all of the relevant factors; The habitat where dwarf-flowered on the website. If your submission is (2) do not rely on factors Congress has heartleaf exists is limited in size and made via a hardcopy that includes not intended us to consider; and (3) scope due to a multitude of factors personal identifying information, you articulate a rational connection between including soil type, moisture may request at the top of your document the facts found and the conclusions availability, and slope aspect (Padgett that we withhold this information from made, including why we changed our 2004, p. 81). This unique combination public review. However, we cannot conclusion. of factors limits not only the range of dwarf-flowered heartleaf, but also the guarantee that we will be able to do so. Previous Federal Actions We will post all hardcopy submissions size of any population. on http://www.regulations.gov. On April 14, 1989, we listed dwarf- Dwarf-flowered heartleaf occurs in Comments and materials we receive, flowered heartleaf as threatened due to Piedmont uplands on acidic sandy-loam as well as supporting documentation residential and industrial development, soils that are very deep and moderately used in preparing this proposed rule, conversion of habitat to pasture or small permeable (Gaddy 1981, p. 7; 1987, pp. will be available for public inspection ponds, timber harvesting, and cattle 186–196). Typical habitats for this on http://www.regulations.gov. grazing (54 FR 14964). A recovery plan species include mesic to dry bluffs, for the species was never completed. slopes, or ravines in deciduous forests Public Hearing However, over the last 30 years, the that are frequently associated with Section 4(b)(5)(E) of the Act provides Service has worked closely with mountain laurel (Kalmia latifolia) for a public hearing on this proposal, if partners to recover this species. The (Padgett 2004, p. 114; Weakley 2015, p. requested. Requests must be received by Service initiated the dwarf-flowered 129; Service 2015, entire), or in moist the date specified in DATES. Such heartleaf SSA report to aid in soils adjacent to creeks or streamheads, requests must be sent to the address determining the appropriateness of or along lakes and rivers. Plants grow shown in FOR FURTHER INFORMATION reclassifying the species. larger and have more frequent flowering CONTACT. We will schedule a public Supporting Documents in floodplains along rivers, lakes, and hearing on this proposal, if requested, streams (Newberry 1993, entire). A and announce the date, time, and place A species status assessment team habitat suitability study was conducted of the hearing, as well as how to obtain prepared an SSA report for the dwarf- to quantify the habitat requirements for reasonable accommodations, in the flowered heartleaf. The SSA team was dwarf-flowered heartleaf, which may be Federal Register at least 15 days before composed of Service biologists, in used to help identify the species when the hearing. For the immediate future, consultation with other species experts. not in flower (relative to other we will provide these public hearings The SSA report represents a Hexastylis species’ habitat preferences), using webinars that will be announced compilation of the best scientific and find new populations, or identify on the Service’s website, in addition to commercial data available concerning suitable sites for transplants (Wagner the Federal Register. The use of these the status of the species, including the 2013, pp. 30–32). The unit of virtual public hearings is consistent impacts of past, present, and future measurement for population size in this with our regulation at 50 CFR factors (both negative and beneficial) species is a ‘‘clump’’ (rosette). 424.16(c)(3). affecting the species. A thorough review of the taxonomy, Proposed Delisting Determination life history, ecology, and overall Peer Review viability of the dwarf-flowered heartleaf In accordance with our joint policy on Background is presented in the SSA report (Service peer review published in the Federal Dwarf-flowered heartleaf is a plant 2018, entire; available at https:// Register on July 1, 1994 (59 FR 34270) species endemic to the upper Piedmont www.fws.gov/southeast/ and at http:// and our August 22, 2016, memorandum region of western North Carolina and www.regulations.gov under Docket No. updating and clarifying the role of peer upstate South Carolina. It is a low- FWS–R4–ES–2019–0081).

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Regulatory and Analytical Framework However, the mere identification of review for dwarf-flowered heartleaf, any threat(s) does not necessarily mean including an assessment of the potential Regulatory Framework that the species meets the statutory threats to the species. The SSA report Section 4 of the Act (16 U.S.C. 1533) definition of an ‘‘endangered species’’ or does not represent a decision by the and its implementing regulations (50 a ‘‘threatened species.’’ In determining Service on whether the species should CFR part 424) set forth the procedures whether a species meets either be proposed for removal from the List of for determining whether a species is an definition, we must evaluate all Endangered and Threatened Plants (i.e., ‘‘endangered species’’ or a ‘‘threatened identified threats by considering the ‘‘delisting’’). It does, however, provide species.’’ The Act defines an likely response by the species, and the the scientific basis that informs our endangered species as a species that is effects of the threats—in light of those regulatory decision, which involves the ‘‘in danger of extinction throughout all actions and conditions that will further application of standards within or a significant portion of its range,’’ and ameliorate the threats—on an the Act and its implementing a threatened species as a species that is individual, population, and species regulations and policies. The following ‘‘likely to become an endangered level. We evaluate each threat and its is a summary of the key results and species within the foreseeable future effects on the species, then analyze the conclusions from the SSA report; the throughout all or a significant portion of cumulative effect of all of the threats on full SSA report can be found on the its range.’’ The Act requires that we the species as a whole. We also consider Southeast Region website at https:// determine whether any species is an the cumulative effect of the threats in www.fws.gov/southeast/ and at http:// ‘‘endangered species’’ or a ‘‘threatened light of those actions and conditions www.regulations.gov under Docket No. species’’ because of any of the following that will have positive effects on the FWS–R4–ES–2019–0081. species, such as any existing regulatory factors: Summary of SSA Analysis (A) The present or threatened mechanisms or conservation efforts. The destruction, modification, or Secretary determines whether the To assess dwarf-flowered heartleaf curtailment of its habitat or range; species meets the definition of an viability, we used the three conservation (B) Overutilization for commercial, ‘‘endangered species’’ or a ‘‘threatened biology principles of resiliency, recreational, scientific, or educational species’’ only after conducting this redundancy, and representation (Shaffer and Stein 2000, pp. 306–310). Briefly, purposes; cumulative analysis and describing the resiliency supports the ability of the (C) Disease or predation; expected effect on the species now and species to withstand environmental and (D) The inadequacy of existing in the foreseeable future. The Act does not define the term demographic stochasticity (for example, regulatory mechanisms; or ‘‘foreseeable future,’’ which appears in wet or dry, warm or cold years), (E) Other natural or manmade factors the statutory definition of ‘‘threatened redundancy supports the ability of the affecting its continued existence. species.’’ Our implementing regulations species to withstand catastrophic events We must consider these same five at 50 CFR 424.11(d) set forth a (for example, droughts, large pollution factors in reclassifying or delisting a framework for evaluating the foreseeable events), and representation supports the species. In other words, for species that future on a case-by-case basis. The term ability of the species to adapt over time are already listed as endangered or ‘‘foreseeable future’’ extends only so far to long-term changes in the environment threatened, the analysis for delisting into the future as the Services can (for example, climate changes causing due to recovery must include an reasonably determine that both the earlier spring flowering). In general, the evaluation of the threats that existed at future threats and the species’ responses more resilient and redundant a species the time of listing, the threats currently to those threats are likely. In other is and the more representation it has, facing the species, and the threats that words, the foreseeable future is the the more likely it is to sustain are reasonably likely to affect the period of time in which we can make populations over time, even under species in the foreseeable future. These reliable predictions. ‘‘Reliable’’ does not changing environmental conditions. factors represent broad categories of mean ‘‘certain’’; it means sufficient to Using these principles, we identified the natural or human-caused actions or provide a reasonable degree of species’ ecological requirements for conditions that could have an effect on confidence in the prediction. Thus, a survival and reproduction at the a species’ continued existence. In prediction is reliable if it is reasonable individual, population, and species evaluating these actions and conditions, to depend on it when making decisions. levels, and described the beneficial and we look for those that may have a It is not always possible or necessary risk factors influencing the species’ negative effect on individuals of the to define foreseeable future as a viability. species, as well as other actions or particular number of years. Analysis of The SSA process can be categorized conditions that may ameliorate any the foreseeable future uses the best into three sequential stages. During the negative effects or may have positive scientific and commercial data available first stage, we evaluated the individual effects. and should consider the timeframes species’ life-history needs. In the next We use the term ‘‘threat’’ to refer, in applicable to the relevant threats and to stage, we assessed the historical and general, to actions or conditions that are the species’ likely responses to those current condition of the species’ known to or are reasonably likely to threats in view of its life-history demographics and habitat negatively affect individuals of a characteristics. Data that are typically characteristics, including an species. The term ‘‘threat’’ includes relevant to assessing the species’ explanation of how the species arrived actions or conditions that have a direct biological response include species- at its current condition. In the final impact on individuals (direct impacts), specific factors such as lifespan, stage, we made predictions about the as well as those that affect individuals reproductive rates or productivity, species’ responses to positive and through alteration of their habitat or certain behaviors, and other negative environmental and required resources (stressors). The term demographic factors. anthropogenic influences. This process ‘‘threat’’ may encompass—either used the best available information to together or separately—the source of the Analytical Framework characterize the species’ viability (i.e., action or condition or the action or The SSA report documents the results its ability to sustain populations in the condition itself. of our comprehensive biological status wild over time). We used this

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information to inform this proposed These new populations are results of resiliency of population segments and rule. additional survey efforts. their distribution across the species’ To determine overall resiliency for range. Summary of Biological Status and populations, we used EO viability ranks We consider a catastrophe to be any Threats and expert opinion to bin population population-level disturbance with the In this discussion, we review the size classes into corresponding potential to negatively influence biological condition of the species and resiliency categories. EO viability ranks population resiliency outside of normal its resources, and the threats that for the species include excellent, good, environmental and demographic influence the species’ current and future fair, poor, extant, historical, and failed stochasticity. Disturbances often act condition, in order to assess the species’ to find. The primary factor in quickly, and often with devastating overall viability and the risks to that determining these ranks is EO size (as effects; however, they can occur over viability. quantified by number of clumps). long periods of time. A disturbance that Condition of habitat (vegetation occurs as a relatively discrete event in Current Condition community and structure) and time, such as a hurricane, is referred to Resiliency landscape context (extent of suitable as a ‘‘pulse’’ disturbance, while more habitat and physical factors) are gradual or cumulative pressures on a For dwarf-flowered heartleaf to incorporated secondarily. Recent reports system are referred to as ‘‘press’’ maintain viability, its populations, or (Robinson 2016, p. 7; Robinson and disturbances. Both types of disturbances some portion thereof, must be resilient. Padgett 2016, p. 4) focus monitoring are part of the natural variability of Resiliency is assessed at the level of studies on populations with greater than dwarf-flowered heartleaf ecological populations and reflects a species’ 1,000 individuals (assumed to be very systems, and must be considered when ability to withstand stochastic events viable). Because we do not have habitat- assessing redundancy. While there is (events arising from random factors). level information for every population certainly a variety of potential pulse Resilient populations are better able to we assessed, we synthesized available disturbances for the species (timber withstand disturbances such as random population size information and created harvest, hydrological alterations, road fluctuations in reproductive rates and four resiliency categories as follows: and right-of-way construction), the fecundity (demographic stochasticity), • Very high—populations with more primary potential catastrophic variations in rainfall (environmental than 1,000 individuals; very high disturbances are press disturbances stochasticity), and the effects of probability of persistence for 20–30 from long-term climate change, which anthropogenic activities. Stochastic years at or above the current population have great potential to affect ecosystem factors that have the potential to affect size. processes and communities by altering • dwarf-flowered heartleaf include habitat High—populations with 500 to the underlying abiotic conditions such impacts, climate change, and exotic, 1,000 individuals; moderately high as temperature and precipitation invasive species. Factors influencing the probability of persistence for 20–30 changes (DeWan et al. 2010, pp. 7–10). resiliency of dwarf-flowered heartleaf years at or above the current population Representation populations include population size, size. • Because we lack genetic and available habitat, and elements of dwarf- Moderate—populations with 100 to ecological diversity data to characterize flowered heartleaf ecology that 500 individuals; low probability of representation for dwarf-flowered determine whether populations can persistence for 20–30 years at or above heartleaf, we decided delineating maximize habitat occupancy. the current population size. • Low—populations with fewer than representative units was not appropriate The Natural Heritage Programs (NHP) 100 individuals; low probability of for this species. However, in the absence collect information on occurrences of persistence for 20–30 years at or above of species-specific genetic and rare plants, animals, natural the current population size, and ecological diversity information, we communities, and animal assemblages. moderately high probability of evaluated representation based on the Collectively, these are referred to as extirpation. extent and variability of habitat ‘‘elements of natural diversity’’ or Of the 78 populations assessed, 28 characteristics across the geographical simply as ‘‘elements.’’ Locations of have very high resiliency, 5 have high range. Dwarf-flowered heartleaf occurs these elements are referred to as resiliency, 26 have moderate resiliency, in two types of habitat throughout the ‘‘element occurrences’’ (EO records). In and 19 have low resiliency. range. Typical habitats for this species recent years, NatureServe and its include mesic to dry bluffs, slopes, or member NHPs have devised mapping Redundancy ravines in deciduous forests that are standards to balance the need for fine- Redundancy is also assessed at the frequently associated with mountain scale, highly site-specific EO records species level and reflects a species’ laurel (Padgett 2004, entire; Weakley (required for monitoring and ability to withstand catastrophic events 2015, entire; USFWS 2015, entire), or management) with the need to aggregate (such as a rare destructive natural event moist soils adjacent to creeks, these records in meaningful units of or episode involving many populations) streamheads, or along lakes and rivers. conservation interest that may by spreading the risk of such an event This variation in habitat type provides approximate biological populations across multiple, resilient populations. species representation in drier and (NatureServe 2004, n.p.). We regard the We measured redundancy for dwarf- wetter habitats, demonstrating the NHP database as the best repository for flowered heartleaf by the number and species’ ability to adapt to changing known locations of the dwarf-flowered distribution of resilient populations environmental conditions. heartleaf (Service 2010, p. 41). across the range of the species. It is We note that, by using the SSA Populations are composed of both important to note that dwarf-flowered framework to guide our analysis of the multiple sub-EOs and stand-alone EO heartleaf has a naturally limited range, scientific information documented in records. For the purpose of assessing so measures of redundancy reflect the the SSA report, we have not only resiliency, 78 populations observed distribution within a relatively small analyzed individual effects on the since 2005 were assessed due to the area. Redundancy for dwarf-flowered species, but we have also analyzed their high confidence in their persistence. heartleaf is the total number and potential cumulative effects. We

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incorporate the cumulative effects into of the 27 largest populations (containing populations monitored by NCNHP, and our SSA analysis when we characterize more than 1,000 rosettes) have been the the population has a development threat the current and future condition of the subject of section 7 consultations. rank of E (Robinson and Padgett 2016, species. Our assessment of the current Collectively, these projects have p. 20). Based on the most recent and future conditions encompasses and adversely impacted or were expected to monitoring data, the population is stable incorporates the threats individually impact approximately 22,135 rosettes (Robinson and Padgett 2016, p. 11). and cumulatively. Our current and (Service 2018, p. 31). In most cases, the The data indicate that dwarf-flowered future condition assessment is iterative section 7 process resulted in avoidance heartleaf populations can persist and because it accumulates and evaluates or minimization of adverse effects increase in the presence of the effects of all the factors that may be through relocation of plants and/or development. From 2012 to 2016, there influencing the species, including commitments of on-site protection. were insignificant changes in the threats and conservation efforts. Significant portions of other severity of the threat observed in the Because the SSA framework considers populations have been purchased by the field from development (NCNHP 2016, not just the presence of the factors, but North Carolina Department of p. 8). The North Carolina Plant to what degree they collectively Transportation (NCDOT) as off-site Protection and Conservation Act (North influence risk to the entire species, our conservation measures in association Carolina General Statutes, sections 106– assessment integrates the cumulative with these consultations. The purpose 202.12 et seq.) lists native plants as effects of the factors and replaces a of this purchase is to protect the dwarf- threatened, endangered, or species of standalone cumulative effects analysis. flowered heartleaf. Other forms of concern, and provides limited economic development have also protection from collection and trade of Summary of Threats and Conservation resulted in the destruction or listed plants. However, this statute does Measures That Affect the Species modification of habitats occupied by not protect the species or its habitat The NCNHP assessed threats in the dwarf-flowered heartleaf; in many cases, from destruction in conjunction with populations they monitored from 2012 these activities have also required development projects or otherwise legal through 2016 (Robinson and Padgett section 7 consultations with the Service. activities. In North Carolina, the NCNHP 2016, pp. 7–8, 17–20). Threats that were Examples include the maintenance or designates ‘‘natural areas’’, which are observed, inferred, or suspected to have expansion of hydroelectric and drinking sites with biological diversity an impact on populations were recorded water reservoirs, construction of an significance due to the presence of rare and assigned a ranking based on field industrial development complex, and species or unique natural communities. observations of severity, scope, and maintenance activities at a regional The NCNHP works with many immediacy. The rank (A through G) for airport. Collectively, these activities conservation partners (state and federal each threat factor determined an overall involved the loss or relocation of several agencies, conservation organization, value for each threat observed at each thousand rosettes. land trusts, etc.) to implement voluntary population. Threats observed during Development was identified as a protection. Through partnerships, the these years included development; threat at five of 10 North Carolina most important natural areas are incompatible forestry practices; populations monitored by NCNHP purchased for permanent conservation. agriculture; trampling; invasive, exotic (Robinson and Padgett 2016, pp. 17–19). If a natural area is not available for species; sedimentation; erosion; and The five populations include two stand- purchase, ecological significance can be road construction. In this rule, we alone EOs and three parent EOs with 18 recognized by a voluntary registry discuss the major threats affecting the sub-EOs. Of the two stand-alone EOs, agreement. Registry agreements consist species, which include development, one has a development threat rank of A of Registered Heritage Areas (RHAs), climate change and invasive, exotic (moderate to severe, imminent threat for which are voluntary conservation species. most (more than 60 percent) of agreements between the landowner and population, occurrences, or area) and NCNHP to preserve the natural area and Development one has a rank of B (moderate to severe, biological diversity of the property. The Dwarf-flowered heartleaf populations imminent threat for a significant portion NCNHP has four registry agreements occur in rapidly growing urban areas (20–60 percent) of the population, that include dwarf-flowered heartleaf. In within numerous counties in North and occurrences, or area). Of the 18 sub-EOs, South Carolina, plants are protected South Carolina. At the time of listing, nine have development identified as a only from disturbance where they occur the species was determined to be most threat. Of the nine sub-EOs, one has a on those properties owned by the State threatened by habitat loss due to the development threat rank of A, one has and specifically managed as South conversion of land to residential, a rank of B, one has a rank of E Carolina Heritage Preserves (South commercial, and industrial use in these (moderate to severe threat for a small Carolina Code of State Regulations, areas. Populations occurring in more proportion of population, occurrences, chapter 123, sections 123–200 through rural areas are also threatened by habitat or area), and six have a rank of F (low 123–204). Heritage Preserves are alteration or loss from land conversion severity threat for most or a significant protected areas that play a critical role to pasture or other agricultural uses, proportion of population, occurrences, in conserving rare species and natural cattle grazing, intensive timber or area). The two stand-alone EOs and habitats. There is one Heritage Preserve harvesting, residential construction, and two sub-EOs with the highest threat in South Carolina, which protects one construction of small ponds (Robinson ranks (A and B) are located in four population of the dwarf-flowered 2016, p. 10; Robinson and Padgett 2016, populations. Based on the most recent heartleaf. p. 5). monitoring data, one is increasing, two The overwhelming majority of dwarf- The most recent 5-year review for the are stable, and one is decreasing flowered heartleaf populations have species identified the most recurrent (Robinson and Padgett 2016, p. 11). been discovered as a direct result of source of habitat destruction as road and Even where development is ranked as a surveys conducted to ensure bridge improvement projects which is high threat, impacts to dwarf-flowered compliance with the Act. The majority the most common trigger for heartleaf are not a certain outcome. of sites that have the potential to afford consultations under section 7 of the Act Development was identified as a long-term protection to the species have involving dwarf-flowered heartleaf. Ten threat at one of three South Carolina been protected as a result of

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consultations under section 7 of the Act, 2016, p. 20). Based on the most recent growth or flowering (Walker et al. 2009, which directs federal agencies to avoid monitoring data, all populations are p. 14). and minimize adverse effects to stable (Robinson and Padgett 2016, p. Future Condition federally listed species. Through section 11). 7 and other voluntary conservation In short, the data indicate that dwarf- Our analysis of the past, current, and actions, approximately 24 (31%) of the flowered heartleaf populations can future influences on dwarf-flowered 78 current populations are permanently persist and increase in the presence of heartleaf revealed that there are several protected, and another 18 populations invasive, exotic species. Despite the influences that may pose risks to the (23%) are partially protected, greatly long-term presence of invasive, exotic future viability of the species. These minimizing the likelihood of impacts plants, from 2012 to 2016, there were no risks are primarily related to invasive due to development. Together, these changes in the severity of threats species, changes in climate, and habitat two groups of populations make up over observed in the field enough to elevate changes from development. We consider 50% of the areas under some form of the threat ranks of dwarf-flowered ‘‘foreseeable future’’ as that period of time within which a reliable prediction protective mechanism in the absence of heartleaf populations evaluated can be made about the future status of the ESA protections. (NCNHP 2016, p. 8). a species. We consider 20 years to be a Invasive, Exotic Species Climate Change reasonable period of time within which Invasive, exotic plant species occur reliable predictions can be made for Accelerated climate change (changes across the range of this species. Plants dwarf-flowered heartleaf. This period of such as English ivy (Hedera helix), in climate on a scale that exceeds time aligns with the timeframes for Chinese privet (Ligustrum sinense), historical rates of change) is expected to predictions regarding development and Japanese honeysuckle (Lonicera increase the frequency and extent of growth (see Development below) and japonica), and Japanese stiltgrass drought conditions across the Southeast climate change (see Climate Change (Microstegium vimineum) are known at (Karl et al. 2009, entire). Increased below). We discuss in greater detail how several sites that contain dwarf-flowered frequency of severe storms could lead to we define ‘‘foreseeable future’’ for this heartleaf (Service 2011, p. 15). Invasive, impacts if flooding duration or intensity species below, under Determination. exotic species were identified as a threat increase as a result. Increased flooding Invasive, Exotic Species at eight of 10 North Carolina could decrease habitat suitability populations monitored by NCNHP through scouring and changes in soil As discussed above, invasive, exotic (Robinson and Padgett 2016, pp. 17–19). moisture or wash plants away. Warming plants were identified as a threat at the The eight populations include four in the Southeast is expected to be time of listing; however, the threat may stand-alone EOs and four parent EOs greatest in the summer (NCCV 2016, not be as significant as once thought. with 19 sub-EOs. Of the four stand- n.p.), which is predicted to increase The NCNHP monitored 13 populations alone EOs, one has an invasive threat drought frequency, while annual mean of dwarf-flowered heartleaf and assessed rank of B (moderate to severe, imminent precipitation is expected to increase threats at each population. Of monitored threat for a significant portion (20–60 slightly, leading to increased flooding sites, only 9 percent of populations (one percent) of the population, occurrences, events (IPCC 2013, p. 7; NCCV 2016, of 11) where invasive, exotic species are or area), two have a rank of F (low n.p.). Changes in climate may affect present are also in decline, indicating severity threat for most or a significant ecosystem processes and communities the species has at least some capacity to proportion of population, occurrences, by altering the abiotic conditions withstand the presence of invasive, or area), and one has a rank of G (low experienced by biotic assemblages, exotic species. The number of severity threat for a small proportion of resulting in potential effects on populations has increased dramatically population, occurrences, or area). Of the community composition and individual since listing as a result of increased 19 sub-EOs, 9 have invasive, exotic species interactions (DeWan et al. 2010, survey effort and the invasive, exotic species identified as a threat. Of the p. 7). Although climate change was not plant threat posed at many of the largest nine sub-EOs, one has an invasive threat a factor leading to the original listing of populations is low (NCNHP 2016, pp. 8, rank of A (moderate to severe, imminent the species, it should be recognized that 17–20). Additionally, and as noted threat for most (more than 60 percent) the greatest threat from climate change above, the number of populations of population, occurrences, or area), may come from synergistic effects. In managed under conservation ownership four have a rank of B, two have a rank recent years, the Southeast has has increased. Therefore, we do not of E (moderate to severe threat for a experienced moderate to severe believe that competition from invasive, small proportion of population, droughts, which many observers have exotic species will be a significant threat occurrences, or area), and two have a implicated in population declines and in the foreseeable future. rank of G. The one stand-alone E.O. and poor transplant survivorship (NCNHP five sub-EOs with the highest threat 2010). A wildfire, burned portions of Climate Change ranks (A and B) are located in three one of the largest known populations in Our analyses under the Act include populations. Based on the most recent 2009 (Foothills Landfill in Caldwell consideration of ongoing and projected monitoring data, one is increasing, one County, NC; Golder and Associates, changes in climate. The terms ‘‘climate’’ is stable, and one is decreasing 2009). However, observation suggests and ‘‘climate change’’ are defined by the (Robinson and Padgett 2016, p. 11). that the species was not appreciably Intergovernmental Panel on Climate Even where nonnative species are harmed by this fire (Service 2011, p. 14). Change (IPCC). The term ‘‘climate ranked as a high threat, impact to dwarf- Additionally, the National Park Service change’’ thus refers to a change in the flowered heartleaf is not a certain (NPS) uses prescribed fire as a mean or variability of one or more outcome. vegetation management tool at Cowpens measures of climate (e.g., temperature or Invasive, exotic species were National Battlefield. The NPS’s precipitation) that persists for an identified as a threat at all (three) South prescribed burning activity includes the extended period, typically decades or Carolina populations monitored by majority of the dwarf-flowered heartleaf longer, whether the change is due to NCNHP, and all sites had an invasive population on site and burning appears natural variability, human activity, or threat rank of F (Robinson and Padgett to have had no adverse effects upon both (IPCC 2014, entire). Various types

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of changes in climate can have direct or of dwarf-flowered heartleaf will be in habitat type provides species indirect effects on species. These effects subjected to higher temperatures representation in drier and wetter may be positive, neutral, or negative, (annual mean increase of 2.6 °F (RCP habitats, demonstrating the species’ and they may change over time, 4.5) or 2.9 °F (RCP 8.5)) and slightly ability to adapt to different depending on the species and other higher precipitation (annual mean environmental conditions that could be relevant considerations, such as the increase of 0.1 inch per month (RCP 4.5) brought on by changing climate. effects of interactions of climate with or 0.2 inch per month (RCP 8.5)) relative Development other variables (e.g., habitat to the period of 1981–2010. Because the fragmentation) (IPCC 2014, entire). In average annual increase in precipitation As discussed above, development was our analyses, we use the judgment of the is predicted to be only slight, the loss in identified as a threat at the time of experts to weigh relevant information, soil storage is likely primarily the result listing; however, the threat is not be as including uncertainty, in our of higher predicted temperatures. significant as once thought. The NCNHP consideration of various aspects of Dwarf-flowered heartleaf is a long- monitored 13 populations of dwarf- climate change. lived perennial species. Several flowered heartleaf and assessed threats According to IPCC, ‘‘most plant populations have been revisited after at each population. Of monitored sites, species cannot naturally shift their decades and the species was still stable. only 12 percent of populations (one of geographical ranges sufficiently fast to For example, one population in eight) where development is identified keep up with current and high projected Rutherford County was first observed in as a threat are also in decline, indicating rates of climate change on most 1957, and was still extant when next the species has at least some capacity to landscapes’’ (IPCC 2014, p. 13). The observed in 2001 (NCNHP 2018, n.p.). withstand the threat of development. concept of changing climate can be In their analyses of life-history traits in The number of populations has meaningfully assessed both by looking relation to potential vulnerability to increased dramatically since listing and into the future and reviewing past variability in demographic vital rates the development threat posed at many changes. caused by increased variability in of the largest populations is low As part of the current, worldwide climatic patterns, researchers concluded (NCNHP 2016, pp. 8, 17–20). collaboration in climate modelling that longer-lived species should be less In addition, we use three scenarios, under the IPCC, climate assessments of influenced by climate-driven increases projected out to the year 2040. We the full dataset of 30 climate models for in demographic variability (Morris et al. selected this timeframe because it gives historical and 21st century comparisons 2008, p. 22; Dalgleish et al. 2010, p. us the ability to reliably predict into the provide predictions at scales ranging 216). future and to capture the uncertainty from global to county level in the Within the family Aristolochiaeae, related to the potential impacts to each United States (U.S. Geological Survey more than 50 percent of the plant population’s resiliency: Status quo, (USGS) National Climate Change Viewer lineage is myrmecochorous (seed targeted conservation, and high (NCCV) 2019). This global climate dispersal by ants) (Lengyel et al. 2010, development. Based on the life span of information has been recently p. 49). Likewise, dwarf-flowered the species, expert input, development downscaled by the National Aeronautics heartleaf employs myrmecochory as a as the key risk factor to the species, and and Space Administration to scales method for seed dispersal (Gaddy 1986, uncertainty about future conditions, we relevant to our region of interest, and entire). While species with ant- chose to project populations out to the projected into the future under two dispersed seeds have slower migration year 2040 under each scenario as different scenarios of possible emissions rates than species with seeds that are described in the SSA (p. 34). Results of of greenhouse gases (Alder and adhesive or ingested (Brunet and Von future projections within each scenario Hostetler 2017, p. 3). Using the NCCV Oheimb 1998, p. 429), myrmecochory are focused on current populations and and assuming the ‘‘representative provides for multiple adaptive potential habitat identified by the concentration pathways’’ (RCP) advantages for plants. Ants can disperse Maxent model as described below. greenhouse gas emission scenario RCP seeds to sites that might be nutrient- In constructing our scenarios, we 8.5, we calculated projected annual enhanced or where plant fitness will be considered two main influences by mean changes from 1981–2010 to those higher. Additionally, ants bury seeds, which species viability projections projected for 2025–2049 for maximum which may protect them from fire and could be affected: Location of additional temperature (+2.9–3.1 degrees drought (Boyd 2001, p. 235), two populations (positive influence) and Fahrenheit (°F) in NC and +2.9 °F in conditions exacerbated by climate habitat loss and fragmentation due to SC), precipitation (+0.2 inches per change (Karl et al. 2009, entire). urban development (negative influence). month for NC and SC), soil storage Accelerated climate change is expected Habitat quantity can be negatively (¥0.1–¥0.2 inch for NC and ¥0.1 inch to increase the frequency and extent of impacted by development or land use SC), and evaporative deficit (no change drought conditions across the Southeast change (particularly on private lands) or for NC or SC) in all counties where (Karl et al. 2009, p. 111). positively impacted by land acquisition, dwarf-flowered heartleaf occurs (Adler Populations are located within restoration, and/or introductions into and Hostetler 2017, entire). We also various ecological settings within the unoccupied sites that already have calculated projected annual mean species’ range. Dwarf-flowered heartleaf suitable habitat. changes for the RCP 4.5 scenario using occurs on Piedmont uplands on acidic We use the Slope, Land cover, the same timeframes for maximum sandy-loam soils that are very deep and Exclusion, Urbanization, temperature (+2.5–2.7 °F in NC and SC), moderately permeable (Gaddy 1981, p. Transportation, and Hillshade precipitation (+0.01 inch per month for 7; 1987, pp. 186–196). Typical habitats (SLEUTH) model to determine areas NC and SC), soil storage (¥0.1–¥.02 for this species include mesic to dry predicted to be urbanized by 2040, a inch for NC and ¥0.1 inch for SC), and bluffs, slopes, or ravines in deciduous time period for which the models evaporative deficit (no change for NC or forests that are frequently associated provide reliable data. The SLEUTH SC) in all counties where dwarf- with mountain laurel (Padgett 2004, p. model has been successfully applied flowered heartleaf occurs (Adler and 114; Weakley 2015, p. 129), or moist worldwide over the last 15 years to Hostetler 2017, entire). Based on these soils adjacent to creeks or streamheads, simulate land use change, including results, all 13 counties within the range or along lakes and rivers. This variation urbanization (Clarke 1995, entire). The

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SLEUTH model predictions are broken Maxent model predictions that were not Status Quo Scenario down by probabilities of urbanization, included as current populations due to Under the status quo scenario, we ranging from 0 to 100 percent. We chose the relatively long time since last estimate that 75 populations will persist 80 percent probability as our cutoff, as observation. throughout the range, and that there will this cutoff has been used by USGS and The first step in identifying additional be a range of impacts from urbanization by us in other SSAs, and this threshold areas where dwarf-flowered heartleaf is that are related to the percentage represents a highly likely outlook for likely to be found in the future was to increase in urban development and urbanization of the landscape. To identify EOs from populations that were whether a population is protected or forecast viability using urban last observed prior to 2005 (i.e., we not. We assessed population resiliency development projections, we assessed define current populations as those under the following assumptions: the following: • Two additional populations are • Percent increase in projected observed between 2005 and present development within current day). Although our focus is on older identified as persisting based on Maxent populations; and EOs, where dwarf-flowered heartleaf is model metrics, last known abundance • Percent increase in projected likely to persist into the future, we also category, and total predicted development within areas delineated as included current EOs (2005–current urbanization from SLEUTH modelling. potential habitat by the Maxent habitat day) in our analysis because we were Six additional EOs within currently model. interested in how the older EOs delineated populations not included We know that certain dwarf-flowered compared to those known to be under Current Conditions, above, are heartleaf populations have been persisting on the landscape since 2005. predicted to persist based on the same extirpated as the result of urban Also, by including older EOs that are metrics. • development in the past through loss of within current delineated populations, Potential impacts of urban habitat. However, there are no data we can investigate whether current development based on SLEUTH model available on the relationships between populations might be predicted to projections focused on current urbanization and indirect impacts to contain more plants than the most delineated populations: dwarf-flowered heartleaf. Because of recent abundance estimate. Æ Protected areas: D Protected in perpetuity—no this unknown, we attempted to capture Once these older EOs were identified, negative impacts from urbanization; and potential impacts in two ways. First, our we created a 1,000-meter buffer around scenarios reflect a range of potential D Voluntary protection/non- the population and calculated a number perpetuity—population drops one impacts from nearby urban of useful metrics, including resiliency development. Also, we used two resilience rank if percent increase in category based on the last known urbanization exceeds 50 percent thresholds for percent increase in urban abundance estimate, Maxent habitat development to capture potential threshold. model metrics, and the results of the deleterious effects: 25 percent and 50 Æ Unprotected areas—population SLEUTH model to further refine a list of percent. Our assumptions were that very drops one resiliency rank if percent potential sites where the species would small increases in development are increase in urbanization exceeds 25 likely be found to persist within our 20– unlikely to negatively impact percent threshold; population drops two 25 year projection window. Resiliency populations; development increase of at resiliency ranks if percent increase in least 25 percent of the area of current categories were assessed using last urbanization exceeds 50 percent populations was likely to have some known abundance in the same way as threshold. populations assessed under Current negative impacts; and development High Development Scenario increase of at least 50 percent was likely Conditions, above (i.e., low = fewer than to have significant impacts to 100 individuals; moderate = 100–500 Under the high development scenario, populations. We also assessed potential individuals; high = 500–1,000 we estimate no additional populations positive effects by integrating the individuals; very high = greater than will persist throughout the range, and potential location or rediscovery of 1,000 individuals). We assessed two that impacts from urbanization are additional populations throughout the habitat metrics for these older EOs: relatively high, and are also affected by range into two of our scenarios (targeted Average Maxent score and percent whether a population is protected or conservation and status quo). This is Maxent classified as 0.8–1.0 score. not. We assessed population resiliency appropriate for several reasons. First, Average Maxent score indicates habitat under the following assumptions: discovery of new EOs is common; many suitability, where in general, the higher • No additional populations are of the populations we consider under the score, the better the habitat, and was identified as persisting. Current Conditions, above, include calculated by taking the mean Maxent • Potential impacts of urban detections that have occurred within the score of all potential habitat within the development based on SLEUTH model last few years. Second, we did not 1,000-meter buffer. The percent Maxent projections focused on current include many older detections (i.e., we classified as 0.8–1.0 represents the delineated populations: only included detections since 2005), percentage of all potential habitat Æ Protected areas: although many of those detections are within the 1,000-meter buffer that falls D Protected in perpetuity—population likely to persist. Several EOs have been within the highest suitability habitat drops one resilience rank if percent revisited after more than 10 years, and class. Together, these two habitat increase in urbanization exceeds 50 the species was still present. For metrics give general estimates of habitat percent threshold; and example, one such EO was first quantity and quality. Finally, we D Voluntary protection/non- observed in 1957, next observed in calculated the total percentage of the perpetuity—population drops one 2001, and last observed in 2017. It 1,000-meter buffer around each EO that resiliency rank if percent increase in seems as long as suitable habitat is still is projected to be urbanized in the year urbanization exceeds 25 percent present, it is reasonable to assume that 2040, which helps capture the primary threshold; population drops two the species is still there. Finally, there risk factor of development when resiliency ranks if percent increase in is plenty of predicted suitable habitat assessing the areas where dwarf- urbanization exceeds 50 percent present within older EOs based on the flowered heartleaf is likely to persist. threshold.

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Æ Unprotected areas—population flowered heartleaf will be extant in the populations are already predicted to drops one resiliency rank if percent 2040. The predicted resiliency of the be of very high resiliency. When increase in urbanization exceeds 25 extant populations are as follows: Very comparing future population resiliency percent threshold; population drops two high (27); high (6); moderate (23); low to current condition a few populations resiliency ranks if percent increase in (17); and 2 additional populations drop in their resiliency category. One urbanization exceeds 50 percent identified as persisting, with an current population of very high threshold; extirpation of populations if unknown resiliency. Six EOs within resiliency is predicted to drop to high percent increase in urbanization currently delineated populations not resiliency; two moderate resiliency exceeds 90 percent threshold. included under Current Conditions, populations are predicted to drop to low above, are predicted to persist, but Targeted Conservation Scenario resiliency; and five populations (one resiliency is unchanged because each of currently moderate and four currently Under the targeted conservation the populations are already predicted to low) are predicted to be extirpated due scenario, we estimate it is likely that be of very high resiliency. When to urban development. several additional populations (i.e., comparing future population resiliency more than in the status quo scenario) to current condition, a few populations Viability Summary will persist throughout the range. This drop in their resiliency category. One Urban development is predicted to scenario accounts for resilience (which current population of very high have negative impacts on several of the is linked to abundance), habitat resiliency is predicted to drop to high current populations under all of our suitability (as predicted by the model), resiliency; two moderate resiliency scenarios. However, this loss of projected urban development (from populations are predicted to drop to low resiliency and extirpation of a few SLEUTH), and protection status. resiliency; and five populations (one populations is offset in the status quo Conservation is happening through currently moderate and four currently and targeted conservation scenarios by various partners—State, land trusts or low) are predicted to be extirpated due the persistence of several additional other non-profits, private individuals, to urban development. populations. In the high development etc. The range of impacts from High Development Scenario scenario, there is a predicted loss of six urbanization are the same as in the populations, with loss of resiliency in status quo scenario. We assessed In the high development scenario, we several additional populations. population resiliency under the predict 72 of the 78 populations of However, in all three scenarios, the following assumptions: dwarf-flowered heartleaf will remain majority of the populations are expected • Six populations are identified as extant in 2040. The predicted resiliency to persist in 2040 at a level of at least persisting based on Maxent model of the extant populations are as follows: moderate resiliency. metrics, last known abundance category, Very high (27); high (4); moderate (25); and total predicted urbanization from and low (16). No additional populations Given the relatively high number of SLEUTH modelling. Six additional EOs are identified as persisting. When populations across each scenario, within currently delineated populations comparing future population resiliency redundancy remains similar to current not included under Current Conditions, to current condition, a few populations conditions. That is to say, there appears above, are predicted to persist based on drop in their resiliency category. One to be adequate redundancy within the the same metrics. current population of very high range of dwarf-flowered heartleaf to • Potential impacts of urban resiliency is predicted to drop to withstand the impacts of localized press development based on SLEUTH model moderate resiliency; one high resiliency catastrophic disturbances; however, the projections focused on current population is predicted to drop to species’ range is relatively small, delineated populations: moderate resiliency; two moderate making it potentially vulnerable to long- Æ Protected areas: resiliency populations are predicted to term catastrophic events, such as oil D Protected in perpetuity—no impacts drop to low resiliency; and six spills over the next 20 to 30 years. from urbanization; and populations (one currently moderate Based on the assumption that dwarf- D Voluntary protection/non- and five currently low) are predicted to flowered heartleaf has a very limited perpetuity—population drops one be extirpated due to urban development. range, and after consulting with experts, resiliency rank if percent increase in we decided that delineating urbanization exceeds 50 percent Targeted Conservation Scenario representative units was not threshold. In the targeted conservation scenario, appropriate. It is worth noting that in Æ Unprotected areas—population we predicted 79 populations of dwarf- two of our scenarios (status quo and drops one resiliency rank if percent flowered heartleaf will be extant in targeted conservation), additional increase in urbanization exceeds 25 2040. The predicted resiliency of the populations are found to persist in percent threshold; population drops two extant populations are as follows: Very South Carolina, an area where there are resiliency ranks if percent increase in high (27); high (6); moderate (23); low relatively few current populations. urbanization exceeds 50 percent (17); and 6 additional populations There are opportunities to find threshold. identified as persisting, with an additional populations based on the Future Resiliency unknown resiliency. Six EOs within amount of predicted unoccupied currently delineated populations not potential habitat. Although we did not Status Quo Scenario included under Current Conditions, delineate representative units, our In the status quo scenario, we predict above, are predicted to persist, but scenarios do not predict declines in 75 of the 78 populations of dwarf- resiliency is unchanged because each of species representation.

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TABLE OF VIABILITY SUMMARY FOR DWARF-FLOWERED HEARTLEAF UNDER THREE FUTURE SCENARIOS (PROJECTED TO YEAR 2040) AND COMPARED TO CURRENT CONDITION

High Targeted Current Status quo development conservation condition scenario scenario scenario

Very High Resiliency ...... 28 27 27 27 High Resiliency ...... 5 6 4 6 Moderate Resiliency ...... 26 23 25 23 Low Resiliency ...... 19 17 16 17 Extirpated ...... n/a 5 6 5 Persisting ...... n/a 2 0 6

Total Populations ...... 78 75 72 79

Determination of Dwarf-Flowered identified as declining. Additionally, through voluntary agreements or other Heartleaf Status dwarf-flowered heartleaf has the commitments of management (e.g., N.C. Section 4 of the Act (16 U.S.C. 1533) capacity to withstand habitat loss and Department of Transportation), reducing and its implementing regulations (50 destruction due to development. The the likelihood of development CFR part 424) set forth the procedures species currently has significant impacting those populations. Recent for determining whether a species meets redundancy (78 populations), resilient examination of the species also the definition of ‘‘endangered species’’ populations (33 of 78 evaluated identified climate change and invasive or ‘‘threatened species.’’ The Act defines populations with high or very high species as potential future threats. The an ‘‘endangered species’’ as a species viability), and representation in two broadened range (8 counties to 13) and that is ‘‘in danger of extinction different ecological settings. Even under significantly increased population throughout all or a significant portion of our high development scenario, only numbers (24 to 78) since listing in 1989 its range,’’ and a ‘‘threatened species’’ as two high or very high viability indicate that the species benefits from a species that is ‘‘likely to become an populations are predicted to have lower sufficient redundancy and resiliency to endangered species within the viability as a result of development. withstand perturbations from climate foreseeable future throughout all or a Therefore, we do not believe that change as well as from invasive species. significant portion of its range.’’ For a competition from invasive, exotic Based on this analysis, we conclude that more detailed discussion on the factors species or habitat loss and destruction the species is neither currently in considered when determining whether a are significant threats to the species. danger of extinction, nor likely to species meets the definition of Additionally, since listing, there has become so within the foreseeable future. been a nearly four-fold increase in the ‘‘endangered species’’ or ‘‘threatened Status Throughout a Significant Portion number of known populations. Of the species’’ and our analysis on how we of Its Range determine the foreseeable future in 78 populations evaluated in the SSA, 24 making these decisions, see Regulatory (31%) have permanent protection and Under the Act and our implementing Framework, above. 18 (23%) have partial protection regulations, a species may warrant through voluntary agreements or other listing if it is in danger of extinction or Status Throughout All of Its Range commitments of management (e.g., N.C. likely to become so in the foreseeable After evaluating threats to the species Department of Transportation). We future throughout all or a significant and assessing the cumulative effect of conclude that the species is currently portion of its range. Having determined the threats under the section 4(a)(1) not in danger of extinction throughout that the dwarf-flowered heartleaf is not factors, we have assessed the best its range. in danger of extinction or likely to scientific and commercial information In order to more closely examine the become so in the foreseeable future available regarding the past, present, future threat posed by habitat loss or throughout all of its range, we now and future threats faced by the dwarf- destruction, the Service analyzed three consider whether it may be in danger of flowered heartleaf. We carefully different development scenarios into the extinction or likely to become so in the assessed the best scientific and future to 2040. Under all scenarios foreseeable future in a significant commercial information available evaluated, the number of currently portion of its range—that is, whether regarding the past, present, and future known populations (78) remaining in there is any portion of the species’ range threats to dwarf-flowered heartleaf. Of highly, very highly, and moderately for which it is true that both (1) the the 78 populations, 75 percent are resilient condition is 56 (compared to 59 portion is significant; and, (2) the characterized as being either very high, under current conditions). Only a small species is in danger of extinction now high, or moderately resilient, and many number (five or six) of currently low or likely to become so in the foreseeable are stable or increasing in trend. resilient populations are predicted to future in that portion. Depending on the When dwarf-flowered heartleaf was become extirpated under all scenarios case, it might be more efficient for us to listed (54 FR 14964; April 14, 1989), the evaluated. The species will continue to address the ‘‘significance’’ question or two prominent threats identified were occur across its range, redundancy will the ‘‘status’’ question first. We can invasive, exotic plants and habitat loss remain high to moderately high, and choose to address either question first. or destruction. As discussed above, representation will continue in its Regardless of which question we invasive, exotic species are not as current condition providing current address first, if we reach a negative significant a threat to dwarf-flowered levels of adaptive capacity. Of the 78 answer with respect to the first question heartleaf as originally thought. Only one populations evaluated in the SSA, 24 that we address, we do not need to of the 11 monitored populations where (31%) have permanent protection and evaluate the other question for that invasive, exotic species occur was 18 (23%) have partial protection portion of the species’ range.

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For dwarf-flowered heartleaf we chose an endangered species or a threatened Services Field Office (see FOR FURTHER to evaluate the status question (i.e., species in accordance with sections 3(6) INFORMATION CONTACT). We seek identifying portions where dwarf- and 3(20) of the Act. Therefore, we information, data, and comments from flowered heartleaf may be in danger of propose to remove dwarf-flowered the public regarding dwarf-flowered extinction or likely to become so in the heartleaf from the Federal List of heartleaf and the PDM plan. We are also foreseeable future) first. We considered Endangered and Threatened Plants (50 seeking peer review of the draft PDM whether the threats are geographically CFR 17.12(h)). plan concurrently with this comment concentrated in any portion of the Effects of This Proposed Rule period. We anticipate finalizing the species’ range at a biologically PDM plan, considering all public and meaningful scale. We examined the This proposal, if made final, would peer review comments, prior to making following threats: Development, revise 50 CFR 17.12(h) to remove dwarf- a final determination on the proposed invasive and exotic species, and climate flowered heartleaf from the Federal List delisting rule. change, including cumulative effects. of Endangered and Threatened Plants. The NCNHP monitored 13 The prohibitions and conservation Required Determinations populations of dwarf-flowered heartleaf measures provided by the Act, Clarity of the Proposed Rule throughout the species’ range. Eleven of particularly through sections 7 and 9, the 13 populations had invasive, exotic would no longer apply to this species. We are required by Executive Orders species identified as a threat, indicating Federal agencies would no longer be 12866 and 12988 and by the that invasive, exotic species are found required to consult with the Service Presidential Memorandum of June 1, throughout the range and not under section 7 of the Act in the event 1998, to write all rules in plain concentrated in any specific location. that activities they authorize, fund, or language. This means that each rule we Climate change effects, as discussed carry out may affect dwarf-flowered publish must: previously, are very uniform throughout heartleaf. (1) Be logically organized; (2) Use the active voice to address the range (NCCV 2019). The opportunity Post-Delisting Monitoring for habitat loss and destruction due to readers directly; development is higher on privately Section 4(g)(1) of the Act requires us (3) Use clear language rather than owned lands that could be sold for to monitor for not less than 5 years the jargon; future development (Clarke 1995, status of all species that are delisted. (4) Be divided into short sections and entire). Of the 78 populations evaluated, Post-delisting monitoring (PDM) refers sentences; and we determined that 31 percent are to activities undertaken to verify that a (5) Use lists and tables wherever permanently protected and another 23 delisted species remains secure from the possible. percent are partially protected (i.e., risk of extinction after the protections of If you feel that we have not met these voluntary landowner agreements). The the Act no longer apply. The primary requirements, send us comments by one unprotected populations are spread goal of PDM is to monitor the species to of the methods listed in ADDRESSES. To throughout the species’ range and not ensure that its status does not better help us revise the rule, your geographically clustered together. While deteriorate, and if a decline is detected, comments should be as specific as there is some variability in the habitats to take measures to halt the decline so possible. For example, you should tell occupied by dwarf-flowered heartleaf that proposing it as an endangered or us the numbers of the sections or across its range, the basic ecological threatened species is not again needed. paragraphs that are not clearly written, components required for the species to If at any time during the monitoring which sections or sentences are too complete its life cycle are present period, data indicate that protective long, the sections where you feel lists or throughout the habitats occupied by the status under the Act should be tables would be useful, etc. reinstated, we can initiate listing 78 populations of the species. National Environmental Policy Act Accordingly, we found no concentration procedures, including, if appropriate, of threats in any portion of the dwarf- emergency listing. At the conclusion of We have determined that we do not flowered heartleaf range at a biologically the monitoring period, we will review need to prepare an environmental meaningful scale. Thus, there are no all available information to determine if assessment or environmental impact portions of the species’ range where the relisting, the continuation of statement, as defined in the National species has a different status from its monitoring, or the termination of Environmental Policy Act (42 U.S.C. rangewide status. Therefore, no portions monitoring is appropriate. 4321 et seq.), in connection with of the species’ range provides a basis for Section 4(g) of the Act explicitly regulations adopted pursuant to section determining that the species is in danger requires that we cooperate with the 4(a) of the Endangered Species Act. We of extinction or likely to become an States in development and published a notice outlining our reasons endangered species in the foreseeable implementation of PDM programs. for this determination in the Federal future throughout a significant portion However, we remain ultimately Register on October 25, 1983 (48 FR of its range. This approach is consistent responsible for compliance with section 49244). 4(g) and, therefore, must remain actively with the courts’ holdings in Desert Government-to-Government engaged in all phases of PDM. We also Survivors v. Department of the Interior, Relationship With Tribes No. 16–cv–01165–JCS, 2018 WL seek active participation of other 4053447 (N.D. Cal. Aug. 24, 2018), and entities that are expected to assume In accordance with the President’s Center for Biological Diversity v. Jewell, responsibilities for the species’ memorandum of April 29, 1994, 248 F. Supp. 3d, 946, 959 (D. Ariz. conservation after delisting. ‘‘Government-to-Government Relations 2017). Concurrent with this proposed with Native American Tribal delisting rule, we announce the draft Governments’’ (59 FR 22951), Executive Determination of Status PDM plan’s availability for public Order 13175 (Consultation and Our review of the best available review at http://www.regulations.gov Coordination with Indian Tribal scientific and commercial information under Docket Number FWS–R4–ES– Governments), and the Department of indicates that the dwarf-flowered 2019–0081. Copies can also be obtained the Interior’s manual at 512 DM 2, we heartleaf does not meet the definition of from the Service’s Asheville Ecological readily acknowledge our responsibility

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to communicate meaningfully with 50 of the Code of Federal Regulations, ACTION: Reopening of comment periods; recognized Federal Tribes on a as set forth below: announcement of public hearing. government-to-government basis. In accordance with Secretarial Order 3206 PART 17—ENDANGERED AND SUMMARY: We, the U.S. Fish and of June 5, 1997 (American Indian Tribal THREATENED WILDLIFE AND PLANTS Wildlife Service (Service), are reopening Rights, Federal-Tribal Trust the public comment periods on two ■ 1. The authority citation for part 17 Responsibilities, and the Endangered proposed rules to allow all interested continues to read as follows: Species Act), we readily acknowledge parties additional time to comment, and our responsibilities to work directly Authority: 16 U.S.C. 1361–1407; 1531– to conduct a public hearing. The two with tribes in developing programs for 1544; and 4201–4245, unless otherwise relevant proposed rules are our noted. healthy ecosystems, to acknowledge that September 30, 2020, proposed rule to tribal lands are not subject to the same § 17.12 [Amended] reclassify the endangered Virgin Islands tree boa (Chilabothrus granti) as a controls as Federal public lands, to ■ 2. Amend § 17.12(h) by removing the threatened species with a rule issued remain sensitive to Indian culture, and entry for ‘‘Hexastylis naniflora’’ under to make information available to tribes. ‘‘FLOWERING PLANTS’’ from the List under section 4(d) of the Endangered There are no tribes or tribal lands of Endangered and Threatened Plants. Species Act of 1973 (Act), as amended; affected by this proposed rule. and our October 21, 2020, proposed rule Martha Williams, to reclassify the endangered plant References Cited Principal Deputy Director, Exercising the Eugenia woodburyana (no common A complete list of references cited is Delegated Authority of the Director, U.S. Fish name) as a threatened species with a and Wildlife Service. available on the internet at http:// rule issued under section 4(d) of the www.regulations.gov under Docket No. [FR Doc. 2021–08459 Filed 4–23–21; 8:45 am] Act. Comments previously submitted FWS–R4–ES–2019–0081 and upon BILLING CODE 4333–15–P need not be resubmitted and will be request from the Asheville Ecological fully considered in preparation of the FOR FURTHER final rules. Services Field Office (see DEPARTMENT OF THE INTERIOR INFORMATION CONTACT, above). DATES: Written comments: The comment Fish and Wildlife Service periods for the proposed rules Authors published on September 30, 2020, at 85 The primary authors of this proposed 50 CFR Part 17 FR 61700, and October 21, 2020, at 85 rule are staff members of the Service’s FR 66906, are reopened. We will accept Southeastern Region Recovery Team [Docket No. FWS–R4–ES–2019–0069, FWS– comments received or postmarked on or R4–ES–2019–0070; FXES11130900000–189– before May 26, 2021. and the Asheville Ecological Services FF0932000] Field Office. Public hearing: On May 12, 2021, we RIN 1018–BE14; 1018–BD01 will hold a public hearing from 6 to 8 List of Subjects in 50 CFR Part 17 p.m., Atlantic Time, using the Zoom Reclassifying the Virgin Islands Tree Endangered and threatened species, platform (for more information, see Boa From Endangered to Threatened Exports, Imports, Reporting and Public Hearing, below). With a Section 4(d) Rule; recordkeeping requirements, ADDRESSES: Reclassification of Eugenia Availability of documents: Transportation. woodburyana as Threatened and You may obtain copies of the proposed Proposed Regulation Promulgation Section 4(d) Rule rules and their associated documents on the internet at http:// Accordingly, we propose to amend AGENCY: Fish and Wildlife Service, www.regulations.gov under the part 17, subchapter B of chapter I, title Interior. following docket numbers:

Proposed rule Docket number

Reclassifying the Virgin Islands Tree Boa From Endangered to Threatened With a Section 4(d) Rule (published FWS–R4–ES–2019–0069. September 30, 2020, at 85 FR 61700). Reclassification of Eugenia woodburyana as Threatened and Section 4(d) Rule (published October 21, 2020, at FWS–R4–ES–2019–0070. 85 FR 66906).

Comment submission: You may the correct document before submitting methods described above. We will post submit written comments by one of the your comments. all comments on http:// following methods: (2) By hard copy: Submit by U.S. mail www.regulations.gov. This generally (1) Electronically: Go to the Federal to: Public Comments Processing, Attn: means that we will post any personal eRulemaking Portal: http:// [Enter appropriate docket number; see information you provide us (see Public Comments, below, for more www.regulations.gov. In the Search box, table above], U.S. Fish and Wildlife information). enter the appropriate docket number Service, MS: PRB/3W, 5275 Leesburg (see table above). Then, click on the Pike, Falls Church, VA 22041–3803. FOR FURTHER INFORMATION CONTACT: Search button. On the resulting page, in Please note that comments submitted Edwin E. Mun˜ iz, Field Supervisor, U.S. the Search panel on the left side of the electronically using the Federal Fish and Wildlife Service, Caribbean screen, under the Document Type eRulemaking Portal must be received by Ecological Services Field Office, at heading, click on the Proposed Rule box 11:59 p.m. Eastern Time on the closing either: Road 301 Km 5.1, Corozo Ward, ´ to locate the document. You may submit date, and comments submitted by U.S. Boqueron, PR 00622; or P.O. Box 491, ´ a comment by clicking on ‘‘Comment mail must be postmarked by that date to Boqueron, PR 00622. Telephone 787– ensure consideration. We request that 405–3641. Persons who use a Now!’’ Please ensure you have located you send comments only by the telecommunications device for the deaf

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(TDD) may call the Federal Relay information on how to register, or if you that we withhold this information from Service at 800–877–8339. encounter problems joining Zoom on public review. However, we cannot SUPPLEMENTARY INFORMATION: the day of the hearing, visit https:// guarantee that we will be able to do so. www.fws.gov/southeast/caribbean. We will post all hardcopy submissions Background Registrants will receive the Zoom link on http://www.regulations.gov. Virgin Islands Tree Boa and the telephone number for the public Comments and materials we receive, as hearing. Interested members of the well as supporting documentation we On September 30, 2020, we published public who are not familiar with the used in preparing each proposed rule, in the Federal Register (85 FR 61700) a Zoom platform should view the Zoom will be available for public inspection proposed rule to reclassify the Virgin video tutorials (https:// on http://www.regulations.gov. Islands tree boa from endangered to support.zoom.us/hc/en-us/articles/ threatened (i.e., to ‘‘downlist’’ the 206618765-Zoom-video-tutorials) prior Authors species) under the Act (16 U.S.C. 1531 to the public hearing. The primary authors of this document et seq.). The proposed rule opened a 60- The public hearing will provide are the Ecological Services Species day public comment period, ending interested parties an opportunity to Assessment Team staff of the South November 30, 2020. During the present verbal testimony (formal, oral Atlantic-Gulf Regional Office, U.S. Fish comment period, we received a request comments) regarding either, or both, of and Wildlife Service. for a public hearing. Therefore, we are the proposed rules. The public hearing announcing a public hearing to allow will not be an opportunity for dialogue Authority the public an additional opportunity to with the Service, but rather a forum for The authority for this action is the provide comments on the proposed rule. accepting formal verbal testimony. In Endangered Species Act of 1973, as For a description of previous Federal the event there is a large attendance, the amended (16 U.S.C. 1531 et seq.). actions concerning the Virgin Islands time allotted for oral statements may be Martha Williams, tree boa and information on the types of limited. Therefore, anyone wishing to comments that would be helpful to us make an oral statement at the public Principal Deputy Director, Exercising the in promulgating this rulemaking action, Delegated Authority of the Director, U.S. Fish hearing for the record is encouraged to and Wildlife Service. please refer to the September 30, 2020, provide a prepared written copy of that proposed rule (85 FR 61700). statement to us through the Federal [FR Doc. 2021–08580 Filed 4–23–21; 8:45 am] BILLING CODE 4333–15–P Eugenia woodburyana eRulemaking Portal, or U.S. mail (see ADDRESSES, above). There are no limits On October 21, 2020, we published in on the length of written comments the Federal Register (85 FR 66906) a submitted to us. DEPARTMENT OF COMMERCE proposed rule to downlist Eugenia woodburyana from endangered to Reasonable Accommodation National Oceanic and Atmospheric threatened under the Act. The proposed The Service is committed to providing Administration rule opened a 60-day public comment access to the public hearing for all period, ending December 21, 2020. participants. Closed captioning will be 50 CFR Part 635 During the comment period, we available during the public hearing. [Docket No. 210419–0083] received a request for a public hearing. Participants will also have access to live Therefore, we are announcing a public audio during the public hearing via RIN 0648–BK35 hearing to allow the public an their telephone or computer speakers. Atlantic Highly Migratory Species; additional opportunity to provide Persons with disabilities requiring Federal Atlantic Tunas Regulations in comments on this proposed rule. reasonable accommodations to Maine State Waters For a description of previous Federal participate in the hearing should contact actions concerning Eugenia the person listed under FOR FURTHER AGENCY: National Marine Fisheries woodburyana and information on the INFORMATION CONTACT at least 5 business Service (NMFS), National Oceanic and types of comments that would be days prior to the date of the hearing to Atmospheric Administration (NOAA), helpful to us in promulgating this help ensure availability. An accessible Commerce. rulemaking action, please refer to the version of the Service’s presentation ACTION: Proposed rule; request for October 21, 2020, proposed rule (85 FR will also be posted online at https:// comments. 66906). www.fws.gov/southeast/caribbean prior SUMMARY: NMFS proposes adding Maine Public Hearing to the hearing (see DATES, above). See https://www.fws.gov/southeast/ to the list of states for which NMFS has We will hold one public hearing to caribbean for more information about determined that Federal Atlantic tunas accept comments on the two proposed reasonable accommodation. Finally, a regulations are applicable within state rules on the date and at the time listed full audio and video recording and waters. NMFS is proposing the addition above under Public hearing in DATES. transcript of the public hearing will be after considering a request from the We are holding the public hearing via posted online at https://www.fws.gov/ Maine Department of Marine Resources the Zoom online video platform and via southeast/caribbean after the hearing. (MEDMR) and reviewing the state’s teleconference so that participants can relevant laws and regulations. Most attend remotely. The use of a virtual Public Comments states and territories bordering the public hearing is consistent with our If you submit information via http:// Atlantic and Gulf of Mexico are regulations at 50 CFR 424.16(c)(3). www.regulations.gov, your entire currently included in the list, with the For security purposes, anyone submission—including any personal exception of Maine, Connecticut, and intending to listen to and view the identifying information—will be posted Mississippi. This proposed addition of hearing via Zoom, listen to the hearing on the website. If your submission is Maine to the list would make Federal by telephone, or provide oral public made via hard copy that includes Atlantic tunas regulations—including comments at the hearing by Zoom or personal identifying information, you but not limited to open and closed telephone must register in advance. For may request at the top of your document seasons, retention limits, size limits,

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authorized gears and gear restrictions, particular information collection by regulations would, therefore, become and permitting and reporting using the search function and entering effective in the territorial sea adjacent to requirements—applicable in Maine state either the title of the collection or the the State of Maine (41 FR 32603, August waters. This action would be consistent OMB Control Number: 0648–0327 4, 1976). This included all applicable with section 9(d) of the Atlantic Tunas Atlantic HMS Permit Family of Forms, Federal bluefin tuna regulations (then Convention Act (ATCA) and 0648–0328 Atlantic HMS Recreational codified at 50 CFR part 285), with the implementing regulations. Landings Reports, and 0648–0371 HMS exception of some purse seine DATES: Written comments must be Vessel Logbooks and Cost-Earnings regulations and retention limits. received by June 10, 2021. NMFS will Reports. In 1985, the scope of this provision was expanded from bluefin tuna to all hold a public hearing via conference FOR FURTHER INFORMATION CONTACT: ICCAT-managed Atlantic tunas (50 FR call and webinar for this proposed rule Carrie Soltanoff (carrie.soltanoff@ 43396, October 25, 1985). In 1999, on May 14, 2021, from 1 p.m. to 3 p.m. noaa.gov) or Larry Redd, Jr. (larry.redd@ NMFS published a proposed rule to For webinar registration information, noaa.gov) at 301–427–8503, or Sarah implement the FMP for Atlantic Tunas, see the SUPPLEMENTARY INFORMATION McLaughlin (sarah.mclaughlin@ Swordfish, and Sharks, and Amendment section of this document. noaa.gov) at 978–281–9260. 1 to the Atlantic Billfish FMP (64 FR ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: Atlantic 3154, January 20, 1999). This action on this document, identified by NOAA– tunas fisheries are managed under the discussed continued implementation NMFS–2021–0013, by electronic authority of ATCA (16 U.S.C. 971 et and review under section 9(d) of ATCA submission. Submit all electronic public seq.) and the Magnuson-Stevens Fishery and stated that NMFS contacted the comments via the Federal e-Rulemaking Conservation and Management Act relevant states along with Puerto Rico Portal. Go to https:// (Magnuson-Stevens Act; 16 U.S.C. 1801 and the U.S. Virgin Islands to review www.regulations.gov and enter ‘‘NOAA– et seq.). The 2006 Consolidated Atlantic relevant state regulations. After NMFS–2021–0013’’ in the Search box. Highly Migratory Species (HMS) Fishery considering the public comment and Click on the ‘‘Comment’’ icon, complete Management Plan (FMP) and its responses from various states, the final the required fields, and enter or attach amendments are implemented by rule for this action (64 FR 29090, May your comments. regulations at 50 CFR part 635. Section 28, 1999) codified and further Comments sent by any other method, 9(d) of ATCA, 16 U.S.C. 971g(d)(2), implemented ATCA section 9(d) to any other address or individual, or states that regulations promulgated to provisions at 50 CFR 635.1(b), and that received after the end of the comment implement recommendations of the language remains the same to the period, may not be considered by International Commission for the present day. That rulemaking did not NMFS. All comments received are a part Conservation of Atlantic Tunas (ICCAT) include Maine on the list of states at of the public record and will generally shall apply within the boundaries of any § 635.1(b), either in whole or in part. be posted for public viewing on state bordering the Convention area (the ATCA requires a continuing review of www.regulations.gov without change. Atlantic Ocean and adjacent seas) if the state laws and regulations and their All personal identifying information Secretary of Commerce, after notice and enforcement, and § 635.1(b) accordingly (e.g., name, address, etc.), confidential an opportunity for the State to request states that ‘‘NMFS will undertake a business information, or otherwise a formal hearing, determines that such continuing review of State regulations to sensitive information submitted state does not implement regulations determine if regulations applicable to voluntarily by the sender will be consistent with ICCAT Atlantic tunas, swordfish or billfish are publicly accessible. NMFS will accept recommendations or if state regulations at least as restrictive as regulations anonymous comments (enter ‘‘N/A’’ in are less restrictive than the Federal contained in this part and if such the required fields if you wish to remain regulations or are not effectively regulations are effectively enforced. In anonymous). enforced. For Atlantic tunas, section such case, NMFS will file with the NMFS will hold a public hearing via 9(d) of ATCA is implemented in the Office of the Federal Register for conference call/webinar on this Atlantic HMS regulations at 50 CFR publication notification of the basis for proposed rule. For specific location, 635.1(b). Atlantic tunas regulations in the determination and of the specific date and time, see the SUPPLEMENTARY part 635 include open and closed regulations that shall or shall not apply’’ INFORMATION section of this document. seasons, retention limits, size limits, in state waters. NMFS publishes Copies of this proposed rule and authorized gears and gear restrictions, relevant state regulations annually in supporting documents are available and permitting and reporting the HMS Stock Assessment and from the HMS Management Division requirements, among others. Atlantic Fisheries Evaluation (SAFE) Report. website at https:// tunas managed under the regulations in On October 5, 2020, NMFS received a www.fisheries.noaa.gov/topic/atlantic- part 635 are bluefin, bigeye, albacore, letter from the MEDMR requesting that highly-migratory-species or by yellowfin, and skipjack tunas. NMFS ‘‘consider a regulatory change to contacting Carrie Soltanoff at 50 CFR 635.1(b) that would incorporate [email protected] or 301–427– Background Maine into the list of states where 8503. NMFS made initial determinations Federal tuna regulations are applied in NMFS invites the general public and regarding the applicability of Federal state territorial waters, and that this other Federal agencies to comment on regulations in state waters under section change apply to regulations for all tuna continuing information collections, 9(d) of ATCA in 1976. NMFS species managed under [ATCA].’’ The which helps us assess the impact of our determined that, while the State of letter further stated that ‘‘given the information collection requirements and Maine had enacted laws and/or dynamic nature of Federal tuna minimize the public’s reporting burden. promulgated regulations for the management, MEDMR does not Written comments and conservation and management of currently have sufficient resources to recommendations for this information Atlantic bluefin tuna, those laws and/or adjust state regulations with the collection should be submitted at the regulations were less restrictive than frequency needed to remain consistent following website www.reginfo.gov/ Federal laws or regulations, and that with Federal regulations.’’ MEDMR public/do/PRAMain. Find this certain portions of the Federal stated that it has recently seen increased

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commercial tuna fishing activity in surrounding waters, it appears that tuna waters as a condition of Federal HMS Maine state waters. catch within the boundaries of the state Atlantic Tunas permits. This proposed rule provides a review comes from fishermen who already Request for Comments of Maine’s regulations; provides notice possess Federal permits and are of NMFS’ initial determination that adhering to Federal reporting Comments on this proposed rule may Maine state regulations are not at least requirements for all catch as well as be submitted via www.regulations.gov or as restrictive as Federal regulations, other Federal tuna regulations, whether at a public conference call/webinar. taking into consideration the State of they are in Federal or state waters. NMFS solicits comments on this Maine’s statement that it can no longer Furthermore, the large majority of tunas proposed rule by June 10, 2021 (see ensure that those regulations maintain landed in Maine have historically been DATES and ADDRESSES). consistency with Federal regulations; caught in Federal waters, with bluefin During the comment period, NMFS and proposes adding Maine to the list of tuna being the primary species. will hold a conference call/webinar for states at § 635.1(b) for which NMFS has Essential fish habitat for adult Atlantic this proposed rule. Requests for sign determined that Federal Atlantic tunas tunas, as described in Amendment 10 to language interpretation or other regulations under 50 CFR part 635 are the 2006 Consolidated Atlantic HMS auxiliary aids should be directed to applicable within state waters. The State FMP, supports the observation that Carrie Soltanoff at carrie.soltanoff@ of Maine has not requested a formal typically only bluefin tuna are found as noaa.gov or 301–427–8503, at least 7 hearing for this action. Most states and far north as Maine. The northern extent days prior to the meeting. territories bordering the Atlantic and of essential fish habitat for adult bluefin The webinar/conference call will take Gulf of Mexico are currently included in tuna is described as offshore and coastal place on May 14, 2021. Information for the list at § 635.1(b), with the exception regions of the Gulf of Maine, the mid- registering and accessing the webinars of Maine, Connecticut, and Mississippi. coast of Maine to Massachusetts, and on can be found at https:// This proposed addition to § 635.1(b) Georges Bank. Although bluefin tuna www.fisheries.noaa.gov/action/ would make Federal Atlantic tunas can occasionally be found in coastal proposed-rule-implement-federal- regulations applicable in Maine state waters, they are most abundant in atlantic-tunas-regulations-maine-state- waters. pelagic habitat. waters. NMFS has conducted a preliminary These factors indicate that this action The public is reminded that NMFS review of Maine marine resource laws would not result in a substantial change expects participants at the public and regulations regarding tuna fishing in fishing location, timing, effort, hearings to conduct themselves in state waters and determined that authorized gear types, or harvest levels. appropriately. At the beginning of the proposed application of Federal NMFS does not anticipate a substantial conference call, the moderator will regulations in state waters is warranted, change to the ecological or explain how the conference call will be consistent with the State’s request and socioeconomic impacts on Atlantic conducted and how and when attendees the ATCA criteria, particularly given the tunas fisheries, or a significant can provide comments. The NMFS State’s communication that it can no economic impact on a substantial representative will attempt to structure longer ensure that state regulations are number of small entities. the meeting so that all the attending consistent with the Federal regulations The rule would, however, require members of the public will be able to on an ongoing basis. Federal tunas adherence to Federal tunas regulations comment, if they so choose, regardless regulations at 50 CFR part 635 include, in Maine state waters. If finalized, this of the controversial nature of the but are not limited to, open and closed rule would provide regulatory subject(s). Attendees are expected to seasons, retention limits, size limits, consistency; enhance enforcement of respect the ground rules, and, if they do authorized gears and gear restrictions, season closures, retention limits, size they may not be allowed to speak during and permitting and reporting limits, and other Federal regulations in the conference call. requirements. The current Maine Maine state waters; and address the regulations do not address tuna fishing State of Maine’s observation of Classification in state waters in detail, other than increased commercial tuna fishing The NMFS Assistant Administrator restricting permitted gears to harpoon activity in state waters. This change also has determined that the proposed rule is and hook and line (12 Maine Revised would more directly ensure that any consistent with the 2006 Consolidated Statutes Annotated (MSRA) § 6551) and tunas landed in state waters are reported Atlantic HMS FMP and its amendments, implementing a nonresident special in compliance with regulations the Magnuson-Stevens Act, and other tuna permit for participation in certain implementing ICCAT requirements. applicable laws, subject to further tuna tournaments (§ 6502). Under Maine In the future, consistent with the consideration after public comment. law, anyone who wants to fish continuing review required by ATCA, This proposed rule has been commercially for tunas in state waters NMFS may more formally review determined to be not significant for needs a commercial fishing license Connecticut and Mississippi state tunas purposes of Executive Order 12866. (§ 6501). MEDMR policy, although not regulations to determine if these states This proposed rule does not contain codified, is that recreational tuna should also be included under a change to a collection of information fishermen in state waters need to obtain § 635.1(b). NMFS may also review requirement for purposes of the Federal permits and follow Federal regulations for other HMS promulgated Paperwork Reduction Act of 1995. The regulations. Thus, the Maine regulations to implement ICCAT recommendations existing collection of information appear to be less restrictive than the for all Atlantic, Gulf of Mexico, and requirements would continue to apply relevant Federal regulations. Caribbean states and territories to under the following OMB Control Federal HMS Angling and Charter/ determine if their regulations are at least Number(s): 0648–0327 Atlantic HMS Headboat category permit holders as restrictive as the Federal regulations. Permit Family of Forms, 0648–0328 already must adhere to Federal HMS NMFS requests public comment on Atlantic HMS Recreational Landings regulations as a condition of their possible initiation of these future Reports, and 0648–0371 HMS Vessel permit (see 50 CFR 635.4(a)(10)). Based reviews. Currently, Federal HMS Logbooks and Cost-Earnings Reports. on available data on commercial catch regulations concerning swordfish, The Chief Counsel for Regulation of of tunas within Maine’s boundaries and billfish, and sharks do not apply in state the Department of Commerce certified

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to the Chief Counsel for Advocacy of the highest regional bluefin tuna ex-vessel initial regulatory flexibility analysis is Small Business Administration that this price per pound (in the mid-Atlantic) not required and none has been proposed rule, if adopted, would not was $5.94. Current total commercial prepared. NMFS invites comment from have a significant economic impact on bluefin tuna quotas (including the the public on the information in this a substantial number of small entities. Reserve category) are 2,238,706 pounds certification and the determination that The proposed rule would add Maine to (1,015 metric tons). Therefore, the the impact on entities affected by the the list of states at 50 CFR 635.1(b) for highest total potential revenue for the proposed rule will not be significant. which NMFS has determined that entire commercial Atlantic bluefin tuna Federal Atlantic tunas regulations under fishery is $13.3 million. The 2019 total List of Subjects in 50 CFR Part 635 50 CFR part 635 are applicable within ex-vessel annual revenue for the bluefin state waters. Federal Atlantic tunas tuna fishery was $9.8 million, while Fisheries, Fishing, Fishing vessels, regulations, which include open and total Atlantic tunas ex-vessel annual Foreign relations, Imports, Penalties, closed seasons, retention limits, size revenue was $22.9 million. Since a Reporting and recordkeeping limits, authorized gears and gear small business is defined as having requirements, Statistics, Treaties. restrictions, and permitting and annual receipts not in excess of $19.0 Dated: April 20, 2021. reporting requirements, among others, million, and total potential bluefin tuna Samuel D. Rauch III, currently apply in all but three states revenue for the entire fishery is $13.3 bordering the Atlantic Ocean (including million, each individual bluefin tuna Deputy Assistant Administrator for Regulatory Programs, National Marine the Gulf of Mexico). This addition to the fishing entity would fall within the Fisheries Service. list of states was requested by the small business definition. MEDMR and further evaluated. ATCA The numbers of relevant, annual For the reasons set out in the requires the Secretary of Commerce to Atlantic Tunas or Atlantic HMS vessel preamble, 50 CFR part 635 is proposed undertake a continuing review of state permits based in Maine, as of October to be amended as follows: laws and regulations pertaining to 2020, are as follows: 565 Atlantic Tunas species managed under ATCA, of all General category permits; 12 Atlantic PART 635—ATLANTIC HIGHLY states bordering the Atlantic Ocean and Tunas Harpoon category permits; two MIGRATORY SPECIES the extent to which such laws and Atlantic Tunas Trap category permits; regulations are enforced, as four Atlantic Tunas Longline category ■ 1. The authority citation for part 635 implemented in the Atlantic HMS permits; zero Atlantic Tunas Purse continues to read as follows: regulations at § 635.1(b). Seine category permits; and 127 HMS Of the managed Atlantic tunas Charter/Headboat category permits. For Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. (bluefin, bigeye, albacore, yellowfin, this action, NMFS regards all HMS for- 1801 et seq. and skipjack), typically only bluefin hire vessels (those vessels that have an ■ 2. In § 635.1, revise paragraph (b) to tuna is found as far north as Maine state HMS Charter/Headboat category permit) waters. Therefore, the economic as small businesses, while Atlantic HMS read as follows: analyses for this action focus on the Angling vessels fish recreationally only § 635.1 Purpose and scope. bluefin tuna fisheries. However, all and are therefore not considered small Federal tunas regulations would apply entities for purposes of the Regulatory * * * * * in Maine state waters following Flexibility Act (RFA). (b) Under section 9(d) of ATCA, implementation of this rule. This proposed rule would expand NMFS has determined that the The Small Business Administration Federal Atlantic tunas regulations into regulations contained in this part with has established size criteria for all major Maine state waters. Federal HMS respect to Atlantic tunas are applicable industry sectors in the United States, Charter/Headboat category permit within the territorial sea of the United including fish harvesters. A business holders already must adhere to Federal States adjacent to, and within the involved in finfish harvesting is HMS regulations as a condition of their boundaries of, the States of Maine, New classified as a small business if it is permit (see 50 CFR 635.4(a)(10)). Based Hampshire, Massachusetts, Rhode independently owned and operated, is on available data on commercial catch Island, New York, New Jersey, not dominant in its field of operation of tunas in Maine and surrounding Delaware, Maryland, Virginia, North (including its affiliates), and has waters, it appears that tuna catch in the Carolina, South Carolina, Georgia, combined annual receipts not in excess state comes from fishermen who already Florida, Alabama, Louisiana, and Texas, of $19.0 million (NAICS code 114111, possess Federal permits and are finfish fishing) for all its affiliated adhering to Federal reporting and the Commonwealths of Puerto Rico operations worldwide. The Small requirements for all catch as well as and the Virgin Islands. NMFS will Business Administration issued a final other Federal tuna regulations, whether undertake a continuing review of State interim rule that adjusted the size they are in Federal or state waters. In regulations to determine if regulations standard for inflation from $7.5 million addition, available catch and dealer applicable to Atlantic tunas, swordfish, to $8 million for business classified data, bluefin tuna habitat, and typical or billfish are at least as restrictive as under NAICS 487210 scenic and tuna fishing practices indicate that the regulations contained in this part and if sightseeing transportation in water, majority of tunas landed in Maine have such regulations are effectively including the for-hire fishing industry, historically been caught in Federal enforced. In such case, NMFS will file which went into effect on August 19, waters. Given these factors, this action with the Office of the Federal Register 2019. practically would not have an effect on for publication notification of the basis The most recent ex-vessel average the regulations that tuna fishermen for the determination and of the specific price per pound information is used to based in Maine currently follow. regulations that shall or shall not apply estimate potential ex-vessel gross Furthermore, this action is not expected in the territorial sea of the identified revenues for the Atlantic bluefin tuna to affect the amount of bluefin tuna State. fishery. The 2019 average ex-vessel caught and sold or result in any change price per pound for bluefin tuna in the in the ex-vessel revenues those [FR Doc. 2021–08481 Filed 4–23–21; 8:45 am] North Atlantic was $5.61, while the fishermen could expect. As a result, an BILLING CODE 3510–22–P

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Notices Federal Register Vol. 86, No. 78

Monday, April 26, 2021

This section of the FEDERAL REGISTER facility that is open to the public for cinematography, and 1,800 requests for contains documents other than rules or education and passive recreation and is educational programs and workshops. proposed rules that are applicable to the a national center for public education Estimate of Total Annual Burden on public. Notices of hearings and investigations, that welcomes visitors in a stimulating Respondents: The total cost for committee meetings, agency decisions and and aesthetically pleasing environment. responding is $5,386.50 for 150 hours of rulings, delegations of authority, filing of petitions and applications and agency It receives approximately 610,000 time at $35.91 per hour. statements of organization and functions are visitors each year, and many garden Obtaining Permit Requests: In examples of documents appearing in this clubs and societies use USNA grounds addition to the current process of section. to showcase their activities. Section transmitting permit requests and 890(b) of the Federal Agriculture approvals in person, by mail, and by Improvement and Reform Act of 1996, facsimile, photography and DEPARTMENT OF AGRICULTURE Public Law 104–127 (1996 Act), cinematography applications are expanded the authorities of the available on the USNA website and can Agricultural Research Service Secretary of Agriculture to charge be completed and submitted reasonable fees for the use of USNA electronically: http://www.usna. U.S. National Arboretum Notice of facilities and grounds. These authorities usda.gov/Information/facilities/ Intent To Renew Information Collection include the ability to further the mission photographyapp.pdf. AGENCY: Agricultural Research Service, of USNA by charging fees for the The PDF fillable application for the USDA. temporary use of USNA facilities and use of facilities is available on the ACTION: Notice and request for comment. grounds. Authority was also provided to website and can be submitted charge fees for tram tours and for the electronically to USNA. Completed hard SUMMARY: The U.S Department of use of USNA for commercial copies of permit requests can be Agriculture (USDA) seeks comments on photography and cinematography. All submitted to: Administrative Office, the intent of the U.S. National rules and regulations noted in 7 CFR USDA, ARS, NEA, U.S. National Arboretum (USNA) to renew an part 500, subpart 2A, conducted on Arboretum, 3501 New York Avenue NE, information collection that expires USNA property will apply to Washington, DC 20002. October 31, 2021. The collection is individuals or groups granted approval Comments: Comments are invited on conducted to obtain information about to use the facilities and grounds. To the following: uses of the facilities, grounds, programs, properly administer the use of USNA • If the proposed collection is and services, including information facilities, USNA must obtain necessary for the proper performance of pertaining to the collection of fees for information from the requestor(s) to the functions of the agency, including educational programs and workshops, determine if the requested use is whether the information will have use of the grounds and facilities, and consistent with the USNA mission. Each practical utility. commercial photography and request will require the completion of • The accuracy of the agency’s cinematography. Fees generated are an application and submission of an estimate of the burden of the proposed used to defray USNA expenses or to application fee. The application is collection of information, including the promote the USNA mission. simple and requires only information validity of the methodology and DATES: Comments on this notice must be readily available to the requestor(s), assumptions used. • received by June 21, 2021, to be including who is requesting to use Ways to enhance the quality, utility, considered. Comments can be sent to USNA and how the USNA facilities will and clarity of the information to be the following: Email: richard.olsen@ be used. Applications are available in collected; and ways to minimize the usda.gov, Mail/Hand Delivery/Courier: hard copy format and in an electronic burden of collection on those who are Director, U.S. National Arboretum, format on the USNA website to respond, including the use of Agricultural Research Service, Northeast www.usna.usda.gov. Completed permit appropriate automated, electronic, Area, 3501 New York Avenue NE, requests can be submitted in person, by mechanical, or other technology. Washington, DC 20002. facsimile, or electronically. Simon Y. Liu, Paperwork Reduction Act: In SUPPLEMENTARY INFORMATION: Acting Administrator, ARS. accordance with the Office of Title: Use of the USNA Grounds and [FR Doc. 2021–08627 Filed 4–23–21; 8:45 am] Facilities, Including as well as Management and Budget (OMB) BILLING CODE 3410–03–P Commercial Photography and regulations (5 CFR part 1320) Cinematography. implementing the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the OMB Number: 0518–0024. DEPARTMENT OF AGRICULTURE Expiration Date: 3 years from date of information collection and approval. recordkeeping requirements that will be Submission for OMB Review; Type of Request: Renewal of approved imposed will be submitted to OMB for Comment Request information collection. approval. These requirements will not Abstract: The mission of the U.S. become effective prior to OMB approval. April 21, 2021. National Arboretum (USNA) is to serve Estimate of Burden: 150 hours. The Department of Agriculture has the public need for scientific research, Estimated Number of Responses: The submitted the following information education, and gardens that conserve USNA estimates the annual receipt of collection requirement(s) to OMB for and showcase plants to enhance the 200 requests for the use of facilities, 100 review and clearance under the environment. USNA is a 446-acre requests for photography and Paperwork Reduction Act of 1995,

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Public Law 104–13. Comments are Need and Use of the Information: To technological collection techniques or requested regarding: Whether the meet these statutory requirements, other forms of information technology. collection of information is necessary USDA will gather that information from Comments regarding this information for the proper performance of the manufacturers and vendors of biobased collection received by May 26, 2021 will functions of the agency, including products. The information sought by be considered. Written comments and whether the information will have USDA can be transmitted electronically recommendations for the proposed practical utility; the accuracy of the using the website http:// information collection should be agency’s estimate of burden including www.biopreferred.gov. If for any reason submitted within 30 days of the the validity of the methodology and the requested information cannot be publication of this notice on the assumptions used; ways to enhance the electronically transmitted, USDA will following website www.reginfo.gov/ quality, utility and clarity of the provide technical assistance to support public/do/PRAMain. Find this information to be collected; and ways to the transmission of information to particular information collection by minimize the burden of the collection of USDA. The information collected will selecting ‘‘Currently under 30-day information on those who are to enable USDA to meet statutory Review—Open for Public Comments’’ or respond, including through the use of information requirements that will then by using the search function. appropriate automated, electronic, permit USDA to designate product An agency may not conduct or mechanical, or other technological categories for preferred procurement sponsor a collection of information collection techniques or other forms of under the BioPreferred Program. Once unless the collection of information information technology. product categories are designated, displays a currently valid OMB control Comments regarding this information manufacturers and vendors of qualifying number and the agency informs collection received by May 26, 2021 will biobased products that fall under these potential persons who are to respond to be considered. Written comments and designated product categories will the collection of information that such recommendations for the proposed benefit from preferred procurement by persons are not required to respond to information collection should be Federal agencies. This collection was the collection of information unless it submitted within 30 days of the previously approved under 0503–0011, displays a currently valid OMB control publication of this notice on the and on February 4, 2021, was number. following website www.reginfo.gov/ transferred to Rural Development and Office of Procurement and Property public/do/PRAMain. Find this assigned OMB Control No. 0570–0073. Management particular information collection by Description of Respondents: Business selecting ‘‘Currently under 30-day or other for-profit. Title: Guidelines for the Transfer of Review—Open for Public Comments’’ or Number of Respondents: 220. Excess Computer or Other Technical by using the search function. Frequency of Responses: Equipment Pursuant to Section 14220 of An agency may not conduct or Recordkeeping; Reporting: Other (once). the 2008 Farm Bill. sponsor a collection of informaCtion Total Burden Hours: 8,800. OMB Control Number: 0505–0023. unless the collection of information Summary of Collection: In accordance Levi S. Harrell, with procedures in the Federal displays a currently valid OMB control Departmental Information Collection number and the agency informs Management Regulation, Subpart 102– Clearance Officer. 36.295, each agency is responsible for potential persons who are to respond to [FR Doc. 2021–08579 Filed 4–23–21; 8:45 am] the collection of information that such submitting an annual report of all BILLING CODE 3410–XY–P persons are not required to respond to personal property furnished to non- the collection of information unless it Federal recipients to the General Services Administration. Section 923 of displays a currently valid OMB control DEPARTMENT OF AGRICULTURE number. the Federal Agriculture Improvement Submission for OMB Review; and Reform Act (FAIR), Public Law Rural Business-Cooperative Service Comment Request 104–127 of 1996, also known as the Title: Guidelines for Designating Farm Bill, gives the Secretary of Biobased Products for Federal April 21, 2021. Agriculture the authority to acquire and Procurement. The Department of Agriculture has transfer title of Federal Excess Personal OMB Control Number: 0570–0073. submitted the following information Property (FEPP) to certain eligible Summary of Collection: The USDA collection requirement(s) to OMB for Institutions. Respondents will be BioPreferred Program provides that review and clearance under the authorized representatives of a city, qualifying biobased products that fall Paperwork Reduction Act of 1995, town, or local government entity located under product categories (generic Public Law 104–13. Comments are in a rural area as defined in 7 U.S.C. groups of biobased products) that have requested regarding (1) whether the 1991(a)(13)(A). been designated for preferred collection of information is necessary Need and Use of the Information: procurement by rule making are for the proper performance of the USDA requires information to: Verify required to be purchased by Federal functions of the agency, including eligibility of requestors; determine agencies in lieu of their fossil energy- whether the information will have availability of excess property; have based counterparts, with certain limited practical utility; (2) the accuracy of the contact information of the requestor exceptions. Further, USDA is required agency’s estimate of burden including available; and to ensure an organization by section 9002 of the Farm Security the validity of the methodology and is designated to receive property on and Rural Investment Act of 2002, as assumptions used; (3) ways to enhance behalf of an eligible recipient. amended by the Food, Conservation, the quality, utility and clarity of the Information is collected via letters from and Energy Act of 2008 and the information to be collected; and (4) requestors. The request must include: Agricultural Act of 2014, and the ways to minimize the burden of the (1) Type of excess computers or other Agricultural Improvement Act of 2018, collection of information on those who technical equipment requested; (2) to provide certain information on are to respond, including through the Justification for eligibility; (3) Contact qualified biobased products to Federal use of appropriate automated, information of the requestor; (4) agencies. electronic, mechanical, or other Logistical information such as when and

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how the property will be picked up; and 851–3892, email: cynthia.a.eck@ or our preliminary determination. (5) Information on the recipient’s usda.gov. Accordingly, on August 28, 2020, designated organization that will receive SUPPLEMENTARY INFORMATION: APHIS determined that extension of and refurbish the property for the nonregulated status should be granted to recipient. Information will be used to Background Z6 potato. This notice serves as an coordinate the transfer of excess Under the authority of the plant pest official notice and public record of that property to eligible recipients and as provisions of the Plant Protection Act action. input for the required annual report, of (PPA) (7 U.S.C. 7701 et seq.), the Authority: 7 U.S.C. 7701–7772 and 7781– all personal property furnished to non- regulations in 7 CFR part 340, 7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and Federal recipients, to the General ‘‘Movement of Organisms Modified or 371.3. Service Administration. Produced Through Genetic Done in Washington, DC, this 21st day of Description of Respondents: State, Engineering,’’ regulate, among other April 2021. Local or Tribal Government. things, the importation, interstate Michael Watson, Number of Respondents: 10. movement, or release into the Acting Administrator, Animal and Plant Frequency of Responses: Reporting: environment of organisms modified or Health Inspection Service. On occasion. produced through genetic engineering [FR Doc. 2021–08625 Filed 4–23–21; 8:45 am] Total Burden Hours: 2. that are plant pests or pose a plausible plant pest risk. BILLING CODE 3410–34–P Ruth Brown, The extension for nonregulated status Departmental Information Collection described in this notice was evaluated Clearance Officer. under the version of the regulations COMMISSION ON CIVIL RIGHTS [FR Doc. 2021–08589 Filed 4–23–21; 8:45 am] effective at the time that it was received. BILLING CODE 3412–BA–P The Animal and Plant Health Inspection Notice of Public Meetings of the Illinois Service (APHIS) issued a final rule, Advisory Committee published in the Federal Register on AGENCY: U.S. Commission on Civil DEPARTMENT OF AGRICULTURE May 18, 2020 (85 FR 29790–29838, Rights. Docket No. APHIS–2018–0034),1 Animal and Plant Health Inspection ACTION: Announcement of meeting. revising 7 CFR part 340; however, the Service final rule is being implemented in SUMMARY: Notice is hereby given, phases. This extension of a [Docket No. APHIS–2020–0048] pursuant to the provisions of the rules determination of nonregulated status and regulations of the U.S. Commission J.R. Simplot Co.: Determination of was evaluated in accordance with the on Civil Rights (Commission) and the Nonregulated Status for Z6 Potatoes regulations at 7 CFR 340.6 (2020). Federal Advisory Committee Act that With Late Blight Protection, Low In a notice published in the Federal the Illinois Advisory Committee Acrylamide Potential, Lowered Register on June 25, 2020 (85 FR 38110– (Committee) will hold a meeting via the 2 Reducing Sugars, and Reduced Black 38111, Docket No. APHIS–2020–0048), online platform WebEx on Tuesday, Spot we notified the public that we had May 11, 2021 at 12:00 p.m. Central received a request to extend our Time. The purpose of the meeting is for AGENCY: Animal and Plant Health determination of nonregulated status of the Committee to start preparing for Inspection Service, USDA. J.R. Simplot Company’s (Simplot’s) W8 their upcoming WebEx briefing on ACTION: Notice. potato to event Z6 (hereafter Z6 potato). Education and Civil Rights concerns in Like W8 potato, Z6 potato has been the state. SUMMARY: We are notifying the public developed using genetic engineering for DATES: The meeting will be held on: that we have extended our late blight protection, low acrylamide • Tuesday, May 11, 2021, at 12:00 p.m. determination of nonregulated status of potential, lowered reducing sugars, and Central Time reduced black spot, and had been J.R. Simplot Company’s (Simplot’s) W8 Web link: https://civilrights.webex.com/ developed using the same construct and potato to event Z6 (hereafter Z6 potato). civilrights/j.php?MTID=md4d564c28 method of transformation as W8 potato. Z6 potato has been developed using cf610f9e94e7291a3d9bf0d genetic engineering for late blight This notice also made available the Join by phone: 800–360–9505 USA Toll protection, low acrylamide potential, extension request, our plant pest risk Free lowered reducing sugars, and reduced similarity assessment (PPRSA), and our Access code: 199 496 5009 black spot using the same construct and preliminary determination to extend FOR FURTHER INFORMATION CONTACT: method of transformation as W8 potato. nonregulated status to Z6 potato. David Barreras, Designated Federal Our decision was based on our Comments on the notice were due by Officer, at [email protected] or (202) evaluation of data submitted by Simplot July 27, 2020. APHIS received 27 499–4066. in its request for an extension of a comments by the close of the comment determination of nonregulated status, an period. SUPPLEMENTARY INFORMATION: Members analysis of other scientific data, and While several commenters expressed of the public may listen to this comments received from the public in general disapproval regarding organisms discussion through the above call-in response to a previous notice developed using genetic engineering, number. An open comment period will announcing our preliminary the comments received did not call into be provided to allow members of the determination. question the conclusions of the PPRSA public to make a statement as time allows. Callers can expect to incur DATES: This determination was effective 1 To view the final rule, go to regular charges for calls they initiate on August 28, 2020. www.regulations.gov and enter APHIS–2018–0034 over wireless lines, according to their FOR FURTHER INFORMATION CONTACT: Ms. in the Search field. wireless plan. The Commission will not 2 To view the notice, its supporting documents, or Cindy Eck, Biotechnology Regulatory the comments that we received, go to refund any incurred charges. Individual Services, APHIS, 4700 River Road Unit www.regulations.gov and enter APHIS–2020–0048 who is deaf, deafblind and hard of 147, Riverdale, MD 20737–1236; (301) in the Search field. hearing may also follow the proceedings

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by first calling the Federal Relay Service June 4, 2021, to attend. An agenda will DEPARTMENT OF COMMERCE at 1–800–877–8339 and providing the be accessible prior to the meeting at Service with the conference call number https://apps.bea.gov/fesac/. Bureau of Economic Analysis and conference ID number. DATES: June 11, 2021. The meeting Members of the public are entitled to Federal Economic Statistics Advisory begins at approximately 9:00 a.m. and submit written comments; the Committee adjourns at approximately 3:00 p.m. comments must be received in the AGENCY: Bureau of Economic Analysis, regional office within 30 days following ADDRESSES: The safety and well-being of U.S. Department of Commerce. the meeting. Written comments may be the public, committee members, and our emailed to David Barreras at dbarreras@ staff is our top priority. In light of the ACTION: Notice of request for usccr.gov. travel restrictions and social-distancing nominations. Records generated from this meeting requirements resulting from the COVID– may be inspected and reproduced at the 19 outbreak, this meeting will be held SUMMARY: The Under Secretary for Regional Programs Unit Office, as they virtually. Economic Affairs requests nominations become available, both before and after of individuals to the Federal Economic FOR FURTHER INFORMATION CONTACT: the meeting. Records of the meeting will Statistics Advisory Committee. The Gianna Marrone, Program Analyst, U.S. be available via https:// Under Secretary for Economic Affairs in Department of Commerce, Bureau of www.facadatabase.gov/FACA/ coordination with the Directors of the Economic Analysis, 4600 Silver Hill FACAPublicViewCommitteeDetails?id= Department’s statistical agencies, the Road (BE–64), Suitland, MD 20746; a10t0000001gzlZAAQ under the Bureau of Economic Analysis and the phone (301) 278–9282; email Commission on Civil Rights, Illinois U.S. Census Bureau, as well as the [email protected]. Advisory Committee link. Persons Commissioner of the U.S. Department of interested in the work of this Committee SUPPLEMENTARY INFORMATION: FESAC Labor’s Bureau of Labor Statistics will are directed to the Commission’s members are appointed by the Secretary consider nominations received in website, http://www.usccr.gov, or may of Commerce. The Committee advises response to this notice, as well as from contact the Regional Programs Unit at the Under Secretary for Economic other sources. The SUPPLEMENTARY the above email or street address. Affairs, BEA and Census Bureau INFORMATION section of this notice Directors, and the Commissioner of the provides Committee and membership Agenda Department of Labor’s BLS on statistical criteria. I. Welcome & Roll Call methodology and other technical DATES: Please submit nominations by II. Chair’s comments matters related to the collection, April 30, 2021. The Bureau of Economic III. Discussion: Education Project tabulation, and analysis of federal Analysis will retain nominations IV. Next Steps economic statistics. The Committee is V. Public Comment received after this date for consideration established in accordance with the should additional vacancies occur. VI. Adjournment Federal Advisory Committee Act (5 ADDRESSES: Please submit nominations Dated: April 21, 2021. U.S.C. App. 2). by email to [email protected] David Mussatt, This meeting is open to the public. (subject line ‘‘2021 FESAC Supervisory Chief, Regional Programs Unit. Anyone planning to attend the meeting Nominations’’). [FR Doc. 2021–08597 Filed 4–23–21; 8:45 am] must contact Gianna Marrone at BEA BILLING CODE P (301) 278–9282 or gianna.marrone@ FOR FURTHER INFORMATION CONTACT: bea.gov. The call in number, access Gianna Marrone, Committee code, and presentation link will be Management Official, Department of DEPARTMENT OF COMMERCE posted 24 hours prior to the meeting on Commerce, Bureau of Economic https://apps.bea.gov/fesac/. The Analysis, telephone 301–278–9282, Bureau of Economic Analysis meeting is accessible to people with email: [email protected]. disabilities. Requests for foreign SUPPLEMENTARY INFORMATION: The Federal Economic Statistics Advisory language interpretation or other Federal Economic Statistics Advisory Committee Meeting auxiliary aids should be directed to Committee (the ‘‘Committee’’) was AGENCY: Bureau of Economic Analysis, Gianna Marrone at gianna.marrone@ established in accordance with the U.S. Department of Commerce. bea.gov by June 4, 2021. Federal Advisory Committee Act (Title ACTION: Notice of public meeting. Persons with extensive questions or 5, United States Code, Appendix 2). The statements must submit them in writing following provides information about SUMMARY: The Bureau of Economic by June 4, 2021, to Gianna Marrone, the Committee, membership, and the Analysis (BEA) is giving notice of a [email protected]. nomination process. meeting of the Federal Economic This meeting is accessible to people Objectives and Scope of FESAC Statistics Advisory Committee (FESAC). with disabilities. Requests for sign Activities The Committee advises the Under language interpretation or other Secretary for Economic Affairs, the auxiliary aids should be directed to The Committee advises the Directors Directors of the Bureau of Economic Gianna Marrone, gianna.marrone@ of the Department’s statistical agencies, Analysis and the Census Bureau, and bea.gov, preferably two weeks prior to the Bureau of Economic Analysis (BEA) the Commissioner of the U.S. the meeting. and the U.S. Census Bureau, as well as Department of Labor’s Bureau of Labor the Commissioner of the U.S. Statistics (BLS) on statistical Dated: April 20, 2021. Department of Labor’s Bureau of Labor methodology and other technical Sabrina Montes, Statistics (BLS) on statistical matters related to the collection, Designated Federal Officer, Bureau of methodology and other technical tabulation, and analysis of federal Economic Analysis. matters related to the design, collection, economic statistics. Email Gianna [FR Doc. 2021–08531 Filed 4–23–21; 8:45 am] tabulation, and analysis of federal Marrone, [email protected], by BILLING CODE 3510–06–P economic statistics.

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Description of the FESAC Member Compensation for Members DEPARTMENT OF COMMERCE Duties Members of the Committee serve Foreign-Trade Zones Board The Committee functions solely as an without compensation but may receive advisory committee to the senior reimbursement for Committee-related officials of BEA, the Census Bureau, and travel and lodging expenses. [B–30–2021] BLS (the agencies). Important aspects of Solicitation of Nominations Foreign-Trade Zone (FTZ) 7— the committee’s responsibilities include, Mayaguez, Puerto Rico; Notification of but are not limited to: The Committee is currently filling one Proposed Production Activity; MSD a. Recommending research to address or more positions on the FESAC. International GMBH (Puerto Rico important technical problems arising in The Under Secretary of Economic Branch) LLC (Pharmaceuticals) Las federal economic statistics Affairs, in consultation with the Piedras, Puerto Rico b. Identifying areas in which better agencies will consider nominations of coordination of the agencies’ activities all qualified individuals to ensure that the Committee includes the areas of MSD International GMBH (Puerto would be beneficial; Rico Branch) LLC (MSD) submitted a c. Exploring ways to enhance the experience noted above. Individuals may nominate themselves or other notification of proposed production agencies’ economic indicators to make activity to the FTZ Board for its facility them timelier, more accurate, and more individuals, and professional associations and organizations may in Las Piedras, Puerto Rico. The specific to meeting changing demands notification conforming to the and future data needs; nominate one or more qualified persons for membership on the Committee. requirements of the regulations of the d. Improving the means, methods, and FTZ Board (15 CFR 400.22) was techniques to obtain economic Nominations shall state that the nominee is willing to serve as a member received on April 16, 2021. information needed to produce current MSD already has authority to produce and future economic indicators; and and carry out the duties of the Committee. A nomination package certain pharmaceutical products within e. Coordinating, in its identification of Subzone 7G. The current request would agenda items, with other existing should include the following information for each nominee: add a finished product and a foreign- academic advisory committees status material to the scope of authority. chartered to provide agency-specific 1. A letter of nomination stating the name, affiliation, and contact Pursuant to 15 CFR 400.14(b), advice, for the purpose of avoiding additional FTZ authority would be duplication of effort. information for the nominee, the basis for the nomination (i.e., what specific limited to the specific foreign-status The Committee meets once or twice a material and specific finished product year, budget permitting. Additional attributes recommend him/her for service in this capacity), and the described in the submitted notification meetings may be held as deemed (as described below) and subsequently necessary by the Under Secretary for nominee’s field(s) of experience; 2. a biographical sketch of the authorized by the FTZ Board. Economic Affairs or the Designated nominee and a copy of his/her Production under FTZ procedures Federal Official. All Committee curriculum vitae; and could exempt MSD from customs duty meetings are open to the public in 3. the name, return address, email payments on the foreign-status accordance with the Federal Advisory address, and daytime telephone number materials/components used in export Committee Act. at which the nominator can be production. On its domestic sales, for FESAC Membership contacted. the foreign-status materials/components The Department of Commerce Under FESAC will comprise approximately noted below and in the existing scope Secretary of Economic Affairs and the 16 members who serve at the pleasure of authority, MSD would be able to agencies encourage nominations for of the Secretary. Members shall be choose the duty rates during customs appropriately qualified female, appointed by Under Secretary for entry procedures that applies to minority, or disabled candidates. The Economic Affairs in consultation with molnupiravir pharmaceutical tablets Department of Commerce Under the agencies. Committee members shall (duty-free). MSD would be able to avoid Secretary of Economic Affairs and the be professionals in appropriate duty on foreign-status components agencies also encourage geographic disciplines, including economists, which become scrap/waste. Customs diversity in the composition of the statisticians, survey methodologists, and duties also could possibly be deferred or Committee. reduced on foreign-status production behavioral scientists who are prominent All nomination information should be experts in their fields, recognized for equipment. provided in a single, complete package The material sourced from abroad is their scientific, professional, and by midnight on April 30, 2021. operational achievements and molnupiravir active pharmaceutical Interested applicants should send their ingredient (duty rate 3.7%). objectivity. Membership will represent nomination package to Gianna Marrone, data users with expertise from the Public comment is invited from Committee Management Official, at interested parties. Submissions shall be public sector, academia, and the private [email protected] (subject line sector. Members will be chosen to addressed to the Board’s Executive ‘‘2021 FESAC Nominations’’). The Secretary and sent to: [email protected]. The achieve a balanced membership that Bureau of Economic Analysis will retain will meet the needs of the agencies. closing period for their receipt is June nominations received after this date for 7, 2021. Members shall serve as Special consideration should additional A copy of the notification will be Government Employees (SGEs) and vacancies occur. shall be subject to ethics rules available for public inspection in the applicable to SGEs. Sabrina L. Montes, ‘‘Reading Room’’ section of the Board’s A FESAC member term is three years. Designated Federal Official, Bureau of website, which is accessible via Members may serve more than one Economic Analysis, Federal Economic www.trade.gov/ftz. term as described in the FESAC Statistics Advisory Committee. For further information, contact Charter, available at: https:// [FR Doc. 2021–08532 Filed 4–23–21; 8:45 am] Christopher Wedderburn at apps.bea.gov/fesac/. BILLING CODE 3510–MN–P [email protected].

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Dated: April 21, 2021. Affected Public: Business or other for- Form Number(s): None. Andrew McGilvray, profit organizations. Type of Request: Regular submission. Executive Secretary. Frequency: On Occasion. Number of Respondents: 800. [FR Doc. 2021–08644 Filed 4–23–21; 8:45 am] Respondent’s Obligation: Voluntary. Legal Authority: Section 4812(b)(7) BILLING CODE 3510–DS–P Average Hours per Response: 15 and 4814(b)(1)(B) of the Export Control hours. Reform Act (ECRA). Burden Hours: 12,000. DEPARTMENT OF COMMERCE This information collection request may be viewed at www.reginfo.gov. Needs and Uses: Upon request, BIS Bureau of Industry and Security Follow the instructions to view the will initiate an investigation to Department of Commerce collections determine the effects of imports of Agency Information Collection currently under review by OMB. specific commodities on the national Activities; Submission to the Office of Written comments and security, and will make the findings Management and Budget (OMB) for recommendations for the proposed known to the President for possible Review and Approval; Comment information collection should be adjustments to imports through tariffs. Request: Request for Appointment of a submitted within 30 days of the The findings are made publicly Technical Advisory Committee publication of this notice on the available and are reported to Congress. following website www.reginfo.gov/ The purpose of this collection is to The Department of Commerce will public/do/PRAMain. Find this submit the following information account for the public burden associated particular information collection by with the surveys distributed to collection request to the Office of selecting ‘‘Currently under 30-day Management and Budget (OMB) for determine the impact on national Review—Open for Public Comments’’ or security. These surveys are designed to review and clearance in accordance by using the search function and gather information so that BIS can with the Paperwork Reduction Act of entering either the title of the collection evaluate the impact of foreign imports of 1995, on or after the date of publication or the OMB Control Number 0694–0100. of this notice. We invite the general strategic commodities on the national public and other Federal agencies to Sheleen Dumas, security of the United States. Each comment on proposed, and continuing Department PRA Clearance Officer, Office of Section 232 study is for a specific information collections, which helps us the Chief Information Officer, Commerce commodity or technology that is assess the impact of our information Department. required for national security reasons collection requirements and minimize [FR Doc. 2021–08641 Filed 4–23–21; 8:45 am] (e.g., precision bearings, the public’s reporting burden. Public BILLING CODE 3510–33–P microprocessors, machine tools, etc). comments were previously requested These surveys attempt to determine the via the Federal Register on January 14, size of the domestic U.S. industry, how DEPARTMENT OF COMMERCE 2021 during a 60-day comment period. the domestic U.S. industry has been This notice allows for an additional 30 Bureau of Industry and Security effected by foreign imports, demand for days for public comments. the commodity during peacetime, Agency: Bureau of Industry and Agency Information Collection demand during wartime, the ability of Security. Activities; Submission to the Office of the U.S. domestic industry to meet a Title: Request for Appointment of a Management and Budget (OMB) for Technical Advisory Committee. surge in demand during wartime, and Review and Approval; Comment OMB Control Number: 0694–0100. the potential impact on U.S. national Request; Request for Investigation Form Number(s): None. security if wartime demand cannot be Under Section 232 of the Trade Type of Request: Regular submission. met by domestic U.S. suppliers. Expansion Act Number of Respondents: 1. Affected Public: Business or other for- Average Hours per Response: 5. The Department of Commerce will profit organizations. Burden Hours: 5. submit the following information Frequency: On Occasion. Needs and Uses: The Technical collection request to the Office of Advisory Committees (TACs) were Management and Budget (OMB) for Respondent’s Obligation: Mandatory. established to advise and assist the U.S. review and clearance in accordance Legal Authority: Section 232 of the Government on export control matters. with the Paperwork Reduction Act of Trade Expansion Act. In managing the operations of the TACs, 1995, on or after the date of publication This information collection request the Department of Commerce is of this notice. We invite the general may be viewed at www.reginfo.gov. responsible for implementing the public and other Federal agencies to Follow the instructions to view the policies and procedures prescribed in comment on proposed, and continuing Department of Commerce collections the Federal Advisory Committee Act. information collections, which helps us currently under review by OMB. The Bureau of Industry and Security assess the impact of our information provides technical and administrative collection requirements and minimize Written comments and support for the TACs, such as the public’s reporting burden. Public recommendations for the proposed scheduling a conference room, comments were previously requested information collection should be publishing TAC meeting notices in the via the Federal Register on January 21, submitted within 30 days of the Federal Register, circulating an agenda, 2021, during a 60-day comment period. publication of this notice on the copying documents, etc. The TACs This notice allows for an additional 30 following website www.reginfo.gov/ advise the government on proposed days for public comments. public/do/PRAMain. Find this revisions to export control lists, Agency: Bureau of Industry and particular information collection by licensing procedures, assessments of the Security. selecting ‘‘Currently under 30-day foreign availability of controlled Title: Request for Investigation under Review—Open for Public Comments’’ or products, and export control Section 232 of the Trade Expansion Act. by using the search function and regulations. OMB Control Number: 0694–0120.

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entering either the title of the collection The POR is December 1, 2018, through Partial Rescission of Review or the OMB Control Number 0694–0120. November 30, 2019. The review covers Commerce initiated a review of 95 Sheleen Dumas, 95 companies, including mandatory companies in this review.5 On May 6, respondents, Jinlong 2 and Jiangsu Department PRA Clearance Officer, Office of 2020, AHF, LLC (AHF) timely withdrew the Chief Information Officer, Commerce Senmao Bamboo and Wood Industry its request for review with respect to 90 Department. Co., Ltd. (Senmao). We preliminarily companies.6 Of these companies, no [FR Doc. 2021–08643 Filed 4–23–21; 8:45 am] determine that sales of subject other parties requested a review of BILLING CODE 3510–33–P merchandise by Senmao have not been Dalian Deerfu Wooden Product Co., Ltd. made at prices below NV and that (Deerfu); Dunhua City Wanrong Wood Jinlong is not eligible for a separate rate. Industry Co., Ltd. (Wanrong); Jilin DEPARTMENT OF COMMERCE In addition, we are preliminarily Forest Industry Jinqiao Flooring Group granting separate rates to Senmao and Co., Ltd. (Jilin Forest); and Lauzon International Trade Administration 34 producers/exporters, and determine Distinctive Hardwood Flooring, Inc. [A–570–970] that 20 producers/exporters made no (Lauzon). However, other parties, shipments of subject merchandise including the American Manufacturers Multilayered Wood Flooring From the during the POR. Finally, we are of Multilayered Wood Flooring (the People’s Republic of China: rescinding the review with respect to petitioner), requested a review with Preliminary Results of the four producers/exporters. respect to the remaining companies Antidumping Duty Administrative named in AHF’s review request.7 Review, Preliminary Determination of For events that occurred since the Accordingly, Commerce is rescinding No Shipments, Preliminary Successor- Initiation Notice and analysis behind the administrative review only with in-Interest Determination, and our preliminary results herein, see the respect to Deerfu, Wanrong, Jilin Forest, Rescission of Review, in Part; 2018– Preliminary Decision Memorandum.3 and Lauzon.8 2019 The Preliminary Decision Memorandum Preliminary Determination of No is a public document and is on file AGENCY: Enforcement and Compliance, Shipments electronically via Enforcement and International Trade Administration, Compliance’s Antidumping and Based on an analysis of information Department of Commerce. Countervailing Duty Centralized from U.S. Customs and Border SUMMARY: The Department of Commerce Electronic Service System (ACCESS). Protection (CBP), no shipment (Commerce) preliminarily determines ACCESS is available to registered users certifications, and other record that the sole cooperative mandatory information, we preliminarily determine respondent in this administrative at https://access.trade.gov. In addition, a complete version of the Preliminary that 20 companies had no shipments of review did not make sales of subject subject merchandise during the POR.9 Decision Memorandum can be accessed merchandise at less than normal value Consistent with our practice in non- directly at http://enforcement.trade.gov/ (NV), that certain companies had no market economy (NME) cases, we are frn/index.html. A list of topics shipments of subject merchandise not rescinding this review with respect during the period of review (POR) discussed in the Preliminary Decision to these companies but, rather, intend to December 1, 2018, through November Memorandum is included as Appendix complete the review and issue 30, 2019, and that Arte Mundi I to this notice. appropriate instructions to CBP based (Shanghai) Aesthetic Home Furnishings 4 on the final results of the review.10 Co., Ltd. (Arte Mundi) is the sucessor- Scope of the Order Separate Rates in-interest to Scholar Home (Shanghai) The product covered by the Order is New Material Co., Ltd. (Scholar Home). MLWF from China. For a complete We preliminarily determine that, in Finally, we are rescinding the review description of the scope of this addition to Senmao, 34 companies not with respect to certain companies. We administrative review, see the individually-examined are eligible for invite interested parties to comment on Preliminary Decision Memorandum. separate rates in this administrative these preliminary results. review.11 The Tariff Act of 1930, as DATES: Applicable April 26, 2021. amended (the Act) and Commerce’s 2 Jinlong consists of the following companies: FOR FURTHER INFORMATION CONTACT: Dalian Qianqiu Wooden Product Co., Ltd.; Fusong regulations do not address the Sergio Balbontin or Alexis Cherry, AD/ Jinlong Wooden Group Co., Ltd.; Fusong Jinqiu CVD Operations, Office VIII, Wooden Product Co., Ltd.; and Fusong Qianqiu 5 See Initiation Notice. Enforcement and Compliance, Wooden Product Co., Ltd. See Multilayered Wood 6 See AHF’s Letter, ‘‘Multilayered Wood Flooring International Trade Administration, Flooring from the People’s Republic of China: Final from the People’s Republic of China: Withdrawal of Results of Antidumping Duty Administrative Request for Review—2018–19 AD Review Period,’’ U.S. Department of Commerce, 1401 Review and New Shipper Review and Final dated May 6, 2020. Constitution Avenue NW, Washington, Determination of No Shipments; 2017–2018, 85 FR 7 See, e.g., Petitioner’s Letter, ‘‘Multilayered DC 20230; telephone: (202) 482–6478 or 78118 (December 3, 2020). Wood Flooring from the People’s Republic of China: (202) 482–0607, respectively. 3 See Memorandum, ‘‘Decision Memorandum for Request for Administrative Review’’; and CDC the Preliminary Results in the Antidumping Duty Distributors, Inc.’s Letter, ‘‘Multilayered Wood SUPPLEMENTARY INFORMATION: Administrative Review: Multilayered Wood Flooring from the People’s Republic of China: Background Flooring from the People’s Republic of China; Request for Administrative Reviews,’’ both dated 2018–2019,’’ dated concurrently with, and hereby December 31, 2019. Commerce is conducting an adopted by, this notice (Preliminary Decision 8 See 19 CFR 351.213(d)(1). administrative review of the Memorandum). 9 See Appendix II for a list of these companies. antidumping duty order on multilayered 4 See Multilayered Wood Flooring from the 10 See Non-Market Economy Antidumping People’s Republic of China: Notice of Amended Proceedings: Assessment of Antidumping Duties, 76 wood flooring (MLWF) from the Final Affirmative Determination of Sales at Less FR 65694, 65694–95 (October 24, 2011) (NME AD 1 People’s Republic of China (China). than Fair Value and Antidumping Duty Order, 76 Assessment); see also the ‘‘Assessment Rates’’ FR 76690 (December 8, 2011), as amended in section, below. 1 See Initiation of Antidumping and Multilayered Wood Flooring from the People’s 11 See Preliminary Decision Memorandum at the Countervailing Duty Administrative Reviews, 85 FR Republic of China, 77 FR 5484 (February 3, 2012) ‘‘Separate Rate Determinations’’ section for more 6896 (February 6, 2020) (Initiation Notice). (collectively, Order). details.

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establishment of a separate rate to be China-wide entity.16 For the Weighted- applied to companies not selected for preliminary results of this review, we average individual examination when consider 36 companies, including Exporters dumping margin Commerce limits its examination in an Jinlong, to be part of the China-wide (percent) administrative review pursuant to entity. section 777A(c)(2) of the Act. Generally, Jiangsu Senmao Bamboo and Commerce looks to section 735(c)(5) of Preliminary Results of Successor-in- Wood Industry Co., Ltd ...... 00.00 the Act, which provides instructions for Interest Analysis Non-Selected Companies Under calculating the all-others rate in an Review Receiving a ...... Separate rate applicant Arte Mundi 18 investigation, for guidance when Separate Rate ...... 00.00 reported that during the POR, it changed calculating the rate for separate-rate its English name from Scholar Home to respondents which Commerce did not Disclosure and Public Comment Arte Mundi.17 Based on our analysis of examine individually in an We intend to disclose to interested the information on the record regarding administrative review. For the parties the calculations performed for any changes with respect to corporate preliminary results of this review, these preliminary results within five Commerce has determined the structure, manufacturing facilities, days of the date of publication of this estimated dumping margin for Senmao customers and suppliers, we notice in accordance with 19 CFR to be zero.12 For the reasons explained preliminarily determine that Arte 351.224(b). Interested parties may in the Preliminary Decision Mundi is the the successor-in-interest to submit case briefs no later than 30 days Memorandum, we are assigning this rate Scholar Home and, as a result, should after the date of publication of these to the non-examined respondents which be accorded the same treatment preliminary results of review.19 qualify for a separate rate in this review. previously accorded to Scholar Home. Rebuttals to case briefs may be filed no See the Preliminary Decision The China-Wide Entity later than seven days after the case Memorandum for further information. briefs are filed, and all rebuttal Commerce’s policy regarding Methodology comments must be limited to comments conditional review of the China-wide raised in the case briefs.20 entity applies to this administrative We are conducting this administrative Pursuant to 19 CFR 351.309(c)(2) and review.13 Under this policy, the China- review in accordance with sections (d)(2), parties who submit case briefs or wide entity will not be under review 751(a)(1)(B) of the Act and 19 CFR rebuttal briefs in this review are unless a party specifically requests, or 351.213. We calculated export prices for encouraged to submit with each Commerce self-initiates, a review of the Senmao in accordance with section argument: (1) A statement of the issue; entity. Because no party requested a 772(a) of the Act. Because China is an (2) a brief summary of the argument; review of the China-wide entity, the NME within the meaning of section and (3) a table of authorities. Note that entity is not under review, and the 771(18) of the Act, we calculated NV in Commerce has temporarily modified entity’s rate is not subject to change. accordance with section 773(c) of the certain of its requirements for serving Commerce selected Jinlong as one of Act. documents containing business two mandatory respondents in this proprietary information, until further administrative review.14 Jinlong then Preliminary Results of Review notice.21 Pursuant to 19 CFR 351.310(c), notified Commerce that it did not intend interested parties who wish to request a to participate in the review.15 Because We preliminarily determine that the hearing, limited to issues raised in the Jinlong did not respond to the following weighted-average dumping case and rebuttal briefs, must submit a questionnaire, it has not established its margins exist for the POR December 1, written request to the Assistant eligibility for a separate rate, and is 2018, through November 30, 2019: Secretary for Enforcement and considered to be part of the China-wide Compliance, U.S. Department of entity. See the Preliminary Decision 16 See Initiation Notice (‘‘All firms listed below Commerce, within 30 days after the date Memorandum for further discussion. that wish to qualify for separate rate status in the of publication of this notice. Requests administrative reviews involving NME countries Aside from the companies for which must complete, as appropriate, either a separate rate should contain the party’s name, we preliminarily find no shipments and application or certification, as described below.’’) address, and telephone number, the those companies for which the review is Companies that are subject to this administrative number of participants, whether any being rescinded, Commerce considers review that are considered to be part of the China- participant is a foreign national, and a wide entity are listed in Appendix II. list of the issues to be discussed. If a all other companies for which a review 17 See Arte Mundi’s Letter, ‘‘Separate Rate was requested and did not demonstrate Application for Scholar Home/Arte Mundi in the request for a hearing is made, Commerce separate rate eligibility to be part of the Administrative Review of the Antidumping Duty intends to hold the hearing at a time and Order on Multilayered Wood Flooring from the date to be determined. Parties should People’s Republic of China (A–570–970) (POR: 12/ 12 confirm by telephone the date, time, and See Memorandum, ‘‘Preliminary Results 1/18–11/30/19),’’ dated March 30, 2020. Scholar Margin Calculation for Jiangsu Senmao Bamboo and Home was granted a separate rate in the previous location of the hearing two days before Wood Industry Co., Ltd.,’’ dated concurrently with administrative review of this Order. See the scheduled date. this notice. Multilayered Wood Flooring from the People’s Unless otherwise extended, we intend 13 See Antidumping Proceedings: Announcement Republic of China: Preliminary Results of the to issue the final results of this of Change in Department Practice for Respondent Antidumping Duty Administrative Review and New Selection in Antidumping Duty Proceedings and Shipper Review, Preliminary Determination of No administrative review, which will Conditional Review of the Nonmarket Economy Shipments, and Rescission of Review, in Part; 2017– include the results of our analysis of the Entity in NME Antidumping Duty Proceedings, 78 2018, 85 FR 6911 (February 6, 2020), and issues raised in the case briefs, within FR 65963 (November 4, 2013). accompanying Preliminary Decision Memorandum 14 See Memorandum, ‘‘Antidumping at 14, unchanged in Multilayered Wood Flooring 18 Administrative Review of Multilayered Wood from the People’s Republic of China: Final Results See Appendix II. Flooring from the People’s Republic of China: of Antidumping Duty Administrative Review and 19 See 19 CFR 351.309(c). Respondent Selection,’’ dated March 19, 2020. New Shipper Review and Final Determination of No 20 See 19 CFR 351.309(d). 15 See Jinlong’s Letter, ‘‘Multilayered Wood Shipments; 2017–2018, 85 FR 78118 (December 3, 21 See Temporary Rule Modifying AD/CVD Flooring from China: Jinlong Notice of Intent Not 2020), and accompanying Issues and Decision Service Requirements Due to COVID–19; Extension to Participate,’’ dated April 14, 2020. Memorandum. of Effective Period, 85 FR 41363 (July 10, 2020).

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120 days of publication of these percent).24 In addition, if we continue to Notification to Importers preliminary results in the Federal find no shipments of subject This notice also serves as a Register, pursuant to section merchandise for the 20 companies for preliminary reminder to importers of 751(a)(3)(A) of the Act and 19 CFR which we preliminarily find no such their responsibility under 19 CFR 25 351.213(h). shipments during the POR, any 351.402(f) to file a certificate regarding suspended entries of subject Assessment Rates the reimbursement of antidumping and/ merchandise associated with those or countervailing duties prior to Upon issuance of the final results, companies will be liquidated at the liquidation of the relevant entries 26 Commerce will determine, and CBP China-wide rate. during this review period. Failure to For the companies for which the shall assess, antidumping duties on all comply with this requirement could administrative review is rescinded, appropriate entries covered by this result in Commerce’s presumption that antidumping duties shall be assessed at review, in accordance with 19 CFR reimbursement of antidumping and/or rates equal to the cash deposit of 351.212(b). Commerce intends to issue countervailing duties occurred and the estimated antidumping duties required assessment instructions to CBP 35 days subsequent assessment of double at the time of entry, or withdrawal from after the publication of the final results antidumping duties. of this review. warehouse, for consumption, in We are issuing and publishing the For any individually examined accordance with 19 CFR preliminary results of this review in respondent whose (estimated) ad 351.212(c)(1)(i). We intend to issue accordance with sections 751(a)(l) and valorem weighted-average dumping appropriate assessment instructions 777(i)(l) of the Act and 19 CFR margin is not zero or de minimis (i.e., with respect to the companies for which 351.221(b)(4). this administrative review is rescinded less than 0.50 percent) in the final Dated: April 19, 2021. results of this review, Commerce will to CBP 35 days after the publication of Christian Marsh, calculate importer-specific assessment this notice. rates on the basis of the ratio of the total Acting Assistant Secretary for Enforcement Cash Deposit Requirements and Compliance. amount of dumping calculated for the The following cash deposit importer’s examined sales and the total Appendix I—List of Topics Discussed in requirements will be effective upon quantity of those sales, in accordance the Preliminary Decision Memorandum publication of the final results of this with 19 CFR 351.212(b)(1).22 Commerce review for all shipments of the subject I. Summary will also calculate (estimated) ad merchandise from China entered, or II. Background valorem importer-specific assessment withdrawn from warehouse, for III. Period of Review rates with which to assess whether the IV. Scope of the Order consumption on or after the publication per-unit assessment rate is de minimis. V. Selection of Respondents date, as provided for by section We will instruct CBP to assess VI. Preliminary Determination of No 751(a)(2)(C) of the Act: (1) For the antidumping duties on all appropriate Shipments companies listed above that have a entries covered by this review when the VII. Preliminary Sucessor-in-Interest separate rate, the cash deposit rate will Determination importer-specific ad valorem be that rate established in the final VIII. Discussion of the Methodology assessment rate calculated in the final results of this review (except, if the rate IX. Recommendation results of this review is not zero or de is de minimis, then a cash deposit rate minimis. Appendix II of zero will be required); (2) for No Shipments For the respondents that were not previously investigated or reviewed selected for individual examination in Chinese and non-Chinese exporters for Anhui Longhua Bamboo Product Co., Ltd. this administrative review that qualified which a review was not requested and Baroque Timber Industries (Zhongshan) Co., for a separate rate, the assessment rate Ltd. that received a separate rate in a prior Benxi Flooring Factory (General Partnership) will be the separate rate established in segment of this proceeding, the cash the final results of this administrative Dalian Jaenmaken Wood Industry Co., Ltd. deposit rate will continue to be the Dalian Shengyu Science And Technology review. existing exporter-specific rate; (3) for all Development Co., Ltd. If, in the final results, Senmao’s Chinese exporters of subject Dalian T-Boom Wood Products Co., Ltd. weighted-average dumping margin merchandise that have not been found Dunhua City Dexin Wood Industry Co., Ltd. continues to be zero or de minimis (i.e., to be entitled to a separate rate, the cash Dunhua City Jisen Wood Industry Co., Ltd. less than 0.5 percent), Commerce will deposit rate will be the rate for the Fine Furniture (Fine Furniture (Shanghai) instruct CBP to liquidate the appropriate China-wide entity (i.e., 85.13 percent); Limited and Double F Limited) Innomaster Home (Zhongshan) Co., Ltd. entries without regard to antidumping and (4) for all non-Chinese exporters of duties.23 For entries that were not Jiangsu Yuhui International Trade Co., Ltd. subject merchandise that have not Linyi Anying Wood Co., Ltd. reported in the U.S. sales databases received their own rate, the cash deposit Power Dekor Group Co., Ltd. submitted by Senmao during this rate will be the rate applicable to Shandong Longteng Wood Co., Ltd. review, and for the 36 companies that Chinese exporter that supplied that non- Yekalon Industry Inc. do not qualify for a separate rate Chinese exporter. These cash deposit Yingyi-Nature (Kunshan) Wood Industry Co., (including Jinlong), Commerce will requirements, when imposed, shall Ltd. instruct CBP to liquidate such entries at remain in effect until further notice. Zhejiang Biyork Wood Co., Ltd. the China-wide rate (i.e., 85.13 Zhejiang Shiyou Timber Co., Ltd. Zhejiang Shuimojiangnan New Material 24 See Multilayered Wood Flooring from the Technology Co., Ltd. 22 People’s Republic of China: Final Results of In these preliminary results, Commerce applied Zhejiang Simite Wooden Co., Ltd. the assessment rate calculation method adopted in Antidumping Duty Administrative Review and Antidumping Proceedings: Calculation of the Final Determination of No Shipments; 2016–2017, China-Wide Entity Weighted-Average Dumping Margin and 84 FR 38002 (August 5, 2019). Assessment Rate in Certain Antidumping 25 See Appendix II for a list of these companies. Anhui Boya Bamboo & Wood Products Co., Proceedings: Final Modification, 77 FR 8101 26 See Non-Market Economy Antidumping Ltd. (February 14, 2012). Proceedings: Assessment of Antidumping Duties, 76 Anhui Yaolong Bamboo & Wood Products 23 See 19 CFR 351.106(c)(2). FR 65694, 65695 (October 24, 2011). Co. Ltd.

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Armstrong Wood Products (Kunshan) Co., Dunhua Shengda Wood Industry Co., Ltd this administrative review.1 We invited Ltd.27 Hailin Linjing Wooden Products Co., Ltd. interested parties to comment on the Armstrong World Industries Inc. Hunchun Xingjia Wooden Flooring Inc. Preliminary Results within 30 days.2 No Changzhou Hawd Flooring Co., Ltd. Huzhou Chenghang Wood Co., Ltd interested party submitted comments or Chinafloors Timber (China) Co., Ltd. Huzhou Fulinmen Imp. & Exp. Co., Ltd. requested a hearing in this Dalian Dajen Wood Co., Ltd. Huzhou Jesonwood Co., Ltd. Dalian Guhua Wooden Product Co., Ltd. Huzhou Sunergy World Trade Co., Ltd. administrative review. The current Dalian Huade Wood Product Co., Ltd. Jiangsu Guyu International Trading Co., Ltd deadline for these final results is April Dalian Huilong Wooden Products Co., Ltd. Jiangsu Keri Wood Co., Ltd. 21, 2021. Dalian Qianqiu Wooden Product Co., Ltd., Jiangsu Mingle Flooring Co., Ltd Scope of the Order Fusong Jinlong Wooden Group Co., Ltd., Jiangsu Simba Flooring Co., Ltd. Fusong Jinqiu Wooden Product Co., Ltd., Jiashan HuiJiaLe Decoration Material Co., The merchandise covered by this and Fusong Qianqiu Wooden Product Co., Ltd. order is PRCBs from Malaysia, which Ltd. (collectively, Jinlong) Jiashan On-Line Lumber Co., Ltd. may be referred to as t-shirt sacks, Guangzhou Homebon Timber Manufacturing Jiaxing Hengtong Wood Co., Ltd. merchandise bags, grocery bags, or Co., Ltd. Kingman Floors Co., Ltd. checkout bags. Imports of merchandise Guangzhou Panyu Kangda Board Co., Ltd. Linyi Youyou Wood Co., Ltd. included within the scope of this Guangzhou Panyu Southern Star Co., Ltd. Metropolitan Hardwood Floors, Inc. Hangzhou Hanje Tec Company Limited Pinge Timber Manufacturing (Zhejiang) Co., antidumping duty order are currently Hangzhou Zhengtian Industrial Co., Ltd. Ltd. classifiable under statistical category Hunchun Forest Wolf Wooden Industry Co., Sino-Maple (Jiangsu) Co., Ltd. 3923.21.0085 of the Harmonized Tariff Ltd. Suzhou Dongda Wood Co., Ltd. Schedule of the United States (HTSUS). Jiafeng Wood (Suzhou) Co., Ltd. Tongxiang Jisheng Import and Export Co., This subheading may also cover Jilin Xinyuan Wooden Industry Co., Ltd. Ltd. products that are outside the scope of Karly Wood Product Limited. Yihua Lifestyle Technology Co., Ltd. this antidumping duty order. Although Kember Flooring, Inc. (a.k.a. Kember (successor-in-interest to Guangdong Yihua the HTSUS subheading is provided for Hardwood Flooring, Inc.) Timber Industry Co., Ltd.) Kemian Wood Industry (Kunshan) Co., Ltd. convenience and customs purposes, the Zhejiang Dadongwu Greenhome Wood Co., written description of the scope of this Linyi Bonn Flooring Manufacturing Co., Ltd. Ltd. Mudanjiang Bosen Wood Industry Co., Ltd. Zhejiang Fuerjia Wooden Co., Ltd antidumping duty order is dispositive. Nakahiro Jyou Sei Furniture (Dalian) Co., Zhejiang Longsen Lumbering Co., Ltd. For a full description of the scope of the Ltd. order, see the Preliminary Decision Omni Arbor Solution Co., Ltd.28 [FR Doc. 2021–08630 Filed 4–23–21; 8:45 am] Memorandum. Power Dekor North America Inc. BILLING CODE 3510–DS–P Shanghai Lairunde Wood Co., Ltd. Final Results of Review Shanghaifloor Timber (Shanghai) Co., Ltd. As noted above, Commerce received Shenyang Haobainian Wooden Co., Ltd. DEPARTMENT OF COMMERCE no comments concerning the Shenzhenshi Huanwei Woods Co., Ltd. Preliminary Results. As there are no Xiamen Yung De Ornament Co., Ltd. International Trade Administration Xuzhou Antop International Trade Co., Ltd. changes from, or comments upon, the Xuzhou Shenghe Wood Co., Ltd. [A–557–813] Preliminary Results, Commerce finds Zhejiang Fudeli Timber Industry Co., Ltd that there is no reason to modify its Zhejiang Jiechen Wood Industry Co., Ltd. Polyethylene Retail Carrier Bags From analysis and calculations. Accordingly, Malaysia: Final Results of Antidumping Rescissions we adopt the analysis and explanation Administrative Review; 2018–19 in our Preliminary Results for the Dalian Deerfu Wooden Product Co., Ltd. purposes of these final results, and we Dunhua City Wanrong Wood Industry Co., AGENCY: Enforcement and Compliance, Ltd. International Trade Administration, have not prepared an Issues and Jilin Forest Industry Jinqiao Flooring Group Department of Commerce. Decision Memorandum to accompany Co., Ltd. this Federal Register notice. SUMMARY: On December 22, 2020, the Lauzon Distinctive Hardwood Flooring, Inc. The final weighted-average dumping Department of Commerce (Commerce) margin for the period August 1, 2018, Non-Selected Companies Under Review published the preliminary results of the through July 31, 2019, for Euro SME Receiving a Separate Rate administrative review of the Sdn. Bhd. (Euro SME) and its affiliated A&W (Shanghai) Woods Co., Ltd. antidumping duty (AD) order on exporter Euro Nature Green Sdn. Bhd. Arte Mundi (Shanghai) Aesthetic Home polyethylene retail carrier bags (PRCBs) (Euro Nature Green), is as follows: Furnishings Co., Ltd. (successor-in-interest from Malaysia. The period of review to Scholar Home (Shanghai) New Material (POR) is August 1, 2018, through July Weighted- Co., Ltd.) 31, 2019. We continue to find that average Benxi Wood Company PRCBs from Malaysia were not sold at Producer/exporter dumping Dalian Jiahong Wood Industry Co., Ltd. margin Dalian Kemian Wood Industry Co., Ltd. less than normal value during the POR. (percent) Dalian Penghong Floor Products Co., Ltd./ DATES: Applicable April 26, 2021. Dalian Shumaike Floor Manufacturing Co., FOR FURTHER INFORMATION CONTACT: Kyle Euro SME Sdn. Bhd.; and Euro Ltd. Clahane, AD/CVD Operations, Office III, Nature Green Sdn. Bhd ...... 0.00 Dongtai Fuan Universal Dynamics, LLC Enforcement and Compliance, Dun Hua Sen Tai Wood Co., Ltd. Assessment Rates Dunhua City Hongyuan Wood Industry Co., International Trade Administration, Ltd. U.S. Department of Commerce, 1401 Commerce has determined, and U.S. Constitution Avenue NW, Washington, Customs and Border Protection (CBP) 27 These results apply only to entries where DC 20230; telephone: (202) 482–5449. Armstrong Wood Products (Kunshan) Co., Ltd. was SUPPLEMENTARY INFORMATION: 1 See Polyethylene Retail Carrier Bags from the exporter but not the producer of subject Malaysia: Preliminary Results of Antidumping Duty merchandise. Background Administrative Review; 2018–2019, 85 FR 83515 28 In the Initiation Notice, we inadvertently (December 22, 2020) (Preliminary Results), and initiated a review with respect to Omni Arbor On December 22, 2020, Commerce accompanying Preliminary Decision Memorandum. Solutions Co., Ltd. published the Preliminary Results of 2 See Preliminary Results.

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shall assess, antidumping duties on all producers or exporters will continue to Dated: April 19, 2021. appropriate entries in this review, in be 84.94 percent, the all-others rate Christian Marsh, accordance with section 751(a)(2)(C) of established in the antidumping Acting Assistant Secretary for Enforcement the Tariff Act of 1930, as amended (the investigation.4 These deposit and Compliance. Act) and 19 CFR 351.212(b). Where an requirements, when imposed, shall [FR Doc. 2021–08631 Filed 4–23–21; 8:45 am] importer-specific assessment rate is zero remain in effect until further notice. BILLING CODE 3510–DS–P or de minimis (i.e., less than 0.5 percent), the entries by that importer Disclosure will be liquidated without reference to DEPARTMENT OF COMMERCE antidumping duties. For entries of Euro Normally, Commerce discloses to SME and Euro Nature Green’s interested parties the calculations International Trade Administration merchandise during the period of performed in connection with the final review for which they did not know the results within five days of the date of Subsidy Programs Provided by merchandise was destined for the publication of the notice of final results Countries Exporting Softwood Lumber United States, we will instruct CBP to in the Federal Register, in accordance and Softwood Lumber Products to the liquidate unreviewed entries at the all- with 19 CFR 351.224(b). However, there United States; Request for Comment others rate if there is no rate for the are no calculations to disclose here AGENCY: Enforcement and Compliance, intermediate company(ies) involved in because Commerce made no changes to International Trade Administration, the transaction. the analysis or calculations in the Department of Commerce. Commerce intends to issue 5 Preliminary Results. SUMMARY: The Department of Commerce assessment instructions to CBP no (Commerce) seeks public comment on earlier than 35 days after the date of Notification to Importers any subsidies, including stumpage publication of the final results of this This notice serves as a final reminder subsidies, provided by certain countries review in the Federal Register. If a exporting softwood lumber or softwood timely summons is filed at the U.S. to importers of their responsibility lumber products to the United States Court of International Trade, the under 19 CFR 351.402(f)(2) to file a during the period July 1, 2020, through assessment instructions will direct CBP certificate regarding the reimbursement December 31, 2020. not to liquidate relevant entries until the of antidumping duties prior to time for parties to file a request for a liquidation of the relevant entries DATES: Comments must be submitted statutory injunction has expired (i.e., during this review period. Failure to within 30 days after publication of this within 90 days of publication). Because comply with this requirement could notice. we calculated a zero percent margin for result in the Secretary’s presumption FOR FURTHER INFORMATION CONTACT: Euro SME and Euro Nature Green, we that reimbursement of antidumping Kristen Johnson, AD/CVD Operations, intend to instruct CBP to liquidate duties occurred and the subsequent Enforcement and Compliance, appropriate entries without regard to assessment of double antidumping International Trade Administration, antidumping duties.3 duties. U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, Cash Deposit Requirements Notification Regarding Administrative DC 20230; telephone: (202) 482–4793. The following deposit requirements Protective Orders SUPPLEMENTARY INFORMATION: will be effective upon publication of this notice of final results of This notice also serves as a final Background administrative review in the Federal reminder to the parties subject to Pursuant to section 805 of Title VIII Register for all shipments of PRCBs administrative protective order (APO) of of the Tariff Act of 1930 (the Softwood from Malaysia entered, or withdrawn their responsibility concerning the Lumber Act of 2008), the Secretary of from warehouse, for consumption on or disposition of proprietary information Commerce is mandated to submit to the after the date of publication, as provided disclosed under APO in accordance appropriate Congressional committees a by section 751(a)(2)(C) of the Act: (1) with 19 CFR 351.305(a)(3). Timely report every 180 days on any subsidy The cash deposit rate for Euro SME and written notification of return or provided by countries exporting Euro Nature Green will be zero, the rate destruction of APO materials or softwood lumber or softwood lumber established in the final results of this conversion to judicial protective order is products to the United States, including review; (2) for merchandise exported by hereby requested. Failure to comply stumpage subsidies. Commerce producers or exporters not covered in with the regulations and the terms of an submitted its last subsidy report to the this administrative review but covered APO is a sanctionable violation. Congress on December 15, 2020. in a prior segment of the proceeding, the cash deposit rate will continue to be the Notification to Interested Parties Request for Comments company-specific rate published for the Given the large number of countries most recently completed segment of this This determination and notice are that export softwood lumber and proceeding in which the producer or issued and published pursuant to softwood lumber products to the United exporter participated; (3) if the exporter sections 751(a)(1) and 777(i)(1) of the States, we are soliciting public comment is not a firm covered in this review, a Act and 19 CFR 351.221(b)(5). only on subsidies provided by countries prior review, or the original less-than- which had exports accounting for at fair-value investigation but the producer 4 See Antidumping Duty Order: Polyethylene least one percent of total U.S. imports of is, then the cash deposit rate will be the Retail Carrier Bags from Malaysia, 69 FR 48203 softwood lumber by quantity, as rate established for the most recently (August 9, 2004). classified under Harmonized Tariff 5 completed segment of the proceeding For disclosure calculations made in the Schedule of the United States (HTSUS) Preliminary Results, see Memorandum, ‘‘Analysis for the producer of the merchandise; Memorandum for the Preliminary Results of the codes 4407.1001, 4407.1100, 4407.1200, and (4) the cash deposit rate for all other 2018/2019 Administrative Review of Polyethylene 4407.1905, 4407.1906, 4407.1910, Retail Carrier Bags from Malaysia: Euro SME Sdn during the period July 1, 2020, through 3 See 19 CFR 351.206(c)(2). Bhd,’’ dated December 18, 2020. December 31, 2020. Official U.S. import

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data, published by the United States Constitution Avenue NW, Washington, Results, Commerce determined in International Trade Commission’s DC 20230. relevant part that Frozen Seafoods DataWeb, indicate that five countries Dated: April 20, 2021. Factory No. 32 and Seafoods and (Brazil, Canada, Germany, Romania, and Ryan Majerus, Foodstuff Factory were not ‘‘aka’’ or Sweden) exported softwood lumber to trade names of Thuan Phuoc Seafoods the United States during that time Deputy Assistant Secretary for Policy and Negotiations. and Trading Corporation (Thuan Phuoc) period in amounts sufficient to account [FR Doc. 2021–08639 Filed 4–23–21; 8:45 am] such that they were entitled to Thuan for at least one percent of U.S. imports 2 BILLING CODE 3510–DS–P Phuoc’s SR. As a result, Commerce of softwood lumber products. We intend treated these two factories as part of the to rely on similar previous six-month Vietnam-wide entity and assigned them periods to identify the countries subject DEPARTMENT OF COMMERCE the Vietnam-wide rate of 25.76 percent.3 to future reports on softwood lumber Several interested parties, including subsidies. For example, we will rely on International Trade Administration U.S. imports of softwood lumber and Thuan Phuoc, appealed Commerce’s softwood lumber products during the [A–552–802] Final Results. On January 16, 2020, the period January 1, 2021, through June 30, CIT found that Commerce’s denial of SR Certain Frozen Warmwater Shrimp 2021, to select the countries subject for status for Frozen Seafoods Factory No. From the Socialist Republic of the next report. 32 and Seafoods and Foodstuff Factory Under U.S. trade law, a subsidy exists Vietnam: Notice of Court Decision Not was unsupported by substantial where an authority: (i) Provides a in Harmony With the Results of evidence because Commerce failed to financial contribution; (ii) provides any Antidumping Duty Administrative consider certain information contained Review; Notice of Amended Final form of income or price support within in Thuan Phuoc’s separate-rate Results the meaning of Article XVI of the GATT certification (SRC) 4 suggesting that the 1994; or (iii) makes a payment to a AGENCY: Enforcement and Compliance, factories were divisions of Thuan funding mechanism to provide a International Trade Administration, Phuoc, rather than distinct entities.5 financial contribution to a person, or Department of Commerce. The CIT, thus, ordered Commerce to entrusts or directs a private entity to SUMMARY: On April 14, 2021, the U.S. reconsider or further explain its make a financial contribution, if Court of International Trade (CIT) determination with respect Frozen providing the contribution would issued its final judgment in Sao Ta Seafoods Factory No. 32 and Seafoods normally be vested in the government Foods Joint Stock Company et al. v. and Foodstuff Factory. and the practice does not differ in United States, Consol. Court No. 18– substance from practices normally In its first remand redetermination, 00205, sustaining the Department of issued on April 30, 2020, Commerce followed by governments, and a benefit Commerce (Commerce)’s second is thereby conferred.1 provided further explanation of its remand results pertaining to the determination, in consideration of Parties should include in their administrative review of the Thuan Phuoc’s SRC, and continued to comments: (1) The country which antidumping duty (AD) order on certain find that Frozen Seafoods Factory No. provided the subsidy; (2) the name of frozen warmwater shrimp (shrimp) from 32 and Seafoods and Foodstuff Factory the subsidy program; (3) a brief the Socialist Republic of Vietnam were separate factories that produced description (no more than 3–4 (Vietnam) covering the period February sentences) of the subsidy program; and 1, 2016, through January 31, 2017. and exported subject merchandise to the (4) the government body or authority Commerce is notifying the public that United States under their own licenses, that provided the subsidy. the CIT’s final judgment is not in rather than ‘‘aka’’ or trade names of 6 Submission of Comments harmony with Commerce’s Final Results Thuan Phuoc. The CIT remanded for a second time, finding that Commerce As specified above, to be assured of of the administrative review, and that Commerce is amending the Final failed to explain how it distinguishes consideration, comments must be when an entity is a separate exporter as received no later than 30 days after the Results with respect to the separate rate (SR) status for Frozen Seafoods Factory opposed to a trade name of another publication of this notice in the Federal company, failed to address record Register. All comments must be No. 32 and Seafoods and Foodstuff Factory. evidence detracting from its position, submitted through the Federal and acted in an arbitrary and capricious eRulemaking Portal at http:// DATES: Applicable April 24, 2021. manner by not giving parties reasonable www.regulations.gov, Docket No. ITA– FOR FURTHER INFORMATION CONTACT: notice of a change in practice regarding 2021–0002. The materials in the docket Irene Gorelik, AD/CVD Operations, will not be edited to remove identifying Office VIII, Enforcement and Antidumping Duty Administrative Review, 2016– or contact information, and Commerce Compliance, International Trade 2017, 83 FR 46704 (September 14, 2018) (Final cautions against including any Administration, U.S. Department of Results), and accompanying Issues and Decision information in an electronic submission Commerce, 1401 Constitution Avenue Memorandum (IDM). that the submitter does not want NW, Washington, DC 20230; telephone: 2 See Final Results IDM at Comment 3A. publicly disclosed. Attachments to (202) 482–6905. 3 Id. electronic comments will be accepted in 4 See Thuan Phuoc Seafoods and Trading SUPPLEMENTARY INFORMATION: Corporation Submission, ‘‘Separate Rate Microsoft Word, Excel, or Adobe PDF Background Certification,’’ dated May 15, 2017. formats only. 5 See Sao Ta Foods Joint Stock Co. v. United All comments should be addressed to On September 14, 2018, Commerce States, 425 F. Supp. 3d 1314, 1318 (CIT 2020). Ryan M. Majerus, Deputy Assistant published its Final Results in the 2016– While interested parties challenged several aspects Secretary for Policy and Negotiations, at of Commerce’s Final Results, the Court sustained 2017 AD administrative review of the Final Results in all other respects. Id. at 1318. 1 U.S. Department of Commerce, 1401 shrimp from Vietnam. In the Final 6 See Final Results of Redetermination Pursuant to Court Remand, dated April 30, 2020 (Remand I), 1 See section 771(5)(B) of the Tariff Act of 1930, 1 See Certain Frozen Warmwater Shrimp from the available at https://enforcement.trade.gov/remands/ as amended. Socialist Republic of Vietnam: Final Results of 20-7.pdf.

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trade names.7 The CIT directed exporters, for the period February 1, DEPARTMENT OF COMMERCE Commerce on remand to provide further 2016, through January 31, 2017, from explanation of its continued denial of the Vietnam-wide rate of 25.76 percent International Trade Administration SR status to Frozen Seafoods Factory to 4.58 percent, which was the rate [C–570–142] No. 32 and Seafoods and Foodstuff assigned to non-individually examined Factory or reconsider its determination.8 companies that qualified for a SR in the Certain Walk-Behind Snow Throwers In its second remand redetermination, Final Results.13 and Parts Thereof From the People’s issued on December 4, 2020, Commerce Republic of China: Initiation of complied with the CIT’s order and, Cash Deposit Requirements Countervailing Duty Investigation under respectful protest, reversed the Because Frozen Seafoods Factory No. Final Results determination wherein AGENCY: Enforcement and Compliance, Commerce denied SR status to Frozen 32 and Seafoods and Foodstuff Factory International Trade Administration, Seafoods Factory No. 32 and to Seafoods have a superseding cash deposit rate, Department of Commerce. and Foodstuff Factory.9 As a result, i.e., there has been a final results DATES: Applicable April 19, 2021. Commerce assigned these factories published in a subsequent FOR FURTHER INFORMATION CONTACT: Alex Thuan Phuoc’s SR of 4.58 percent as administrative review, we will not issue Cipolla or Kate Sliney, AD/CVD determined in the Final Results. The revised cash deposit instructions to U.S. Operations, Office III, Enforcement and CIT sustained Commerce’s second Customs and Border Protection (CBP). Compliance, International Trade remand redetermination on April 14, This notice will not affect the current Administration, U.S. Department of 2021.10 cash deposit rate. Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: Timken Notice Liquidation of Suspended Entries (202) 482–4956 or (202) 482–0324, 11 In its decision in Timken, as At this time, Commerce remains respectively. 12 clarified by Diamond Sawblades, the enjoined by CIT order from liquidating SUPPLEMENTARY INFORMATION: Court of Appeals for the Federal Circuit entries that were exported by Thuan The Petition held that, pursuant to section 516A(c) Phuoc, aka Frozen Seafoods Factory No. and (e) of the Tariff Act of 1930, as 32, aka Seafoods and Foodstuff Factory, On March 30, 2021, the Department of amended (the Act), Commerce must and were entered, or withdrawn from Commerce (Commerce) received a publish a notice of court decision that countervailing duty (CVD) petition warehouse, for consumption during the is not ‘‘in harmony’’ with a Commerce concerning imports of certain walk- period February 1, 2016, through determination and must suspend behind snow throwers and parts thereof January 31, 2017. These entries will liquidation of entries pending a (snow throwers) from the People’s ‘‘conclusive’’ court decision. The CIT’s remain enjoined pursuant to the terms Republic of China (China) filed in April 14, 2021 judgment constitutes a of the injunction during the pendency of proper form on behalf of MTD Products, final decision of the CIT that is not in any appeals process. Inc. (the petitioner).1 The Petition was harmony with Commerce’s Final In the event the CIT’s ruling is not accompanied by an antidumping duty Results. Thus, this notice is published appealed, or, if appealed, upheld by a (AD) petition concerning imports of in fulfillment of the publication final and conclusive court decision, snow throwers from China. requirements of Timken. Commerce intends to instruct CBP to Between April 1 and 9, 2021, Commerce requested supplemental Amended Final Results assess antidumping duties on unliquidated entries of subject information pertaining to certain aspects Because there is now a final court merchandise exported by Frozen of the Petition in separate supplemental judgment, Commerce is amending its Seafoods Factory No. 32 and Seafoods questionnaires and a phone call with Final Results with respect to the SR 2 and Foodstuff Factory at the above- the petitioner. On April 7 and 13, 2021, status for Frozen Seafoods Factory No. noted 4.58 percent rate, in accordance the petitioner filed timely responses to 32 and Seafoods and Foodstuff Factory. these requests for additional with 19 CFR 351.212.14 Specifically, Commerce is granting SR information.3 status to Frozen Seafoods Factory No. 32 Notification to Interested Parties and Seafoods and Foodstuff Factory, as 1 See Petitioner’s Letter, ‘‘Certain Walk-Behind trade names of Thuan Phuoc, for This notice is issued and published in Snow Throwers and Parts Thereof from the People’s accordance with sections 516A(c) and Republic of China: Petitions for the Imposition of purposes of the 2016–2017 Antidumping and Countervailing Duties,’’ dated administrative review. Consequently, (e) and 777(i)(1) of the Act. March 30, 2021 (the Petition). we are revising the weighted-average Dated: April 20, 2021. 2 See Commerce’s Letters, ‘‘Petition for the dumping margin assigned to these two Imposition of Countervailing Duties on Imports of Ryan Majerus, Certain Walk-Behind Snow Throwers and Parts Thereof from the People’s Republic of China: 7 See Sao Ta Foods Joint Stock Company et.al. v. Deputy Assistant Secretary for Policy and Supplemental Questions,’’ dated April 1, 2021; United States, 475 F. Supp. 3d 1283, 1289–93 (CIT Negotiations. ‘‘Petitions for the Imposition of Antidumping and 2020). [FR Doc. 2021–08640 Filed 4–23–21; 8:45 am] Countervailing Duties on Imports of Certain Walk- 8 Id. at 1293. BILLING CODE 3510–DS–P Behind Snow Throwers and Parts Thereof from the 9 See Final Results of Redetermination Pursuant People’s Republic of China: Supplemental to Court Remand, dated December 4, 2020 (Remand Questions,’’ dated April 2, 2021 (General Issues II), available at https://enforcement.trade.gov/ Supplemental); and Memorandum, ‘‘Phone Call remands/20-135.pdf. with Counsel to the Petitioner,’’ dated April 9, 2021 10 See Sao Ta Foods Joint Stock Company et.al. 13 See Final Results, 83 FR at 46705. (Phone Call with Petitioner’s Counsel). v. United States, Consol. Court No, 18–00205, Slip. 3 See Petitioner’s Letters, ‘‘Petitions for the 14 Two injunctions have been filed in connection Op. 21–42 (CIT 2021). Imposition of Antidumping and Countervailing 11 See Timken Co. v. United States, 893 F.2d 337 with this litigation, covering exporters other than Duties on Certain Walk-Behind Snow Throwers (Fed. Cir. 1990) (Timken). Frozen Seafoods Factory No. 32 and Seafoods and from the People’s Republic of China: Supplemental 12 See Diamond Sawblades Manufacturers Foodstuff Factory. Commerce also intends to issue Questionnaire Response Volume III,’’ dated April 7, Coalition v. United States, 626 F.3d 1374 (Fed. Cir. appropriate instructions to CBP upon dissolution of 2021; ‘‘Petitions for the Imposition of Antidumping 2010) (Diamond Sawblades). these injunctions. and Countervailing Duties on Certain Walk-Behind

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In accordance with section 702(b)(1) As discussed in the Preamble to in its entirety by the time and date it is of the Tariff Act of 1930, as amended Commerce’s regulations, we are setting due. (the Act), the petitioner alleges that the aside a period for interested parties to Consultations Government of China (GOC) is raise issues regarding product coverage providing countervailable subsidies, (i.e., scope).8 Commerce will consider Pursuant to section 702(b)(4)(A)(ii) of within the meaning of sections 701 and all comments received from interested the Act, on March 31, 2021, we invited 771(5) of the Act, to producers of snow parties and, if necessary, will consult representatives of the GOC for throwers in China and that such imports with interested parties prior to the consultations with respect to the CVD are materially injuring, or threatening issuance of the preliminary petition. We held the consultations via material injury to, the domestic industry determination. If scope comments a conference call on April 13, 2021.12 9 producing snow throwers in the United include factual information, all such Determination of Industry Support for States. Consistent with section 702(b)(1) factual information should be limited to the Petition of the Act and 19 CFR 351.202(b), for public information. To facilitate Section 702(b)(1) of the Act requires those alleged programs on which we are preparation of its questionnaires, that a petition be filed on behalf of the initiating a CVD investigation, the Commerce requests that all interested domestic industry. Section 702(c)(1) of Petition is supported by information parties submit scope comments by 5:00 the Act provides that a petition meets reasonably available to the petitioner. p.m. Eastern Time (ET) on May 10, this requirement if the domestic Commerce finds that the petitioner 2021, which is the next business day after 20 calendar days from the producers or workers who support the filed the Petition on behalf of the petition account for: (i) At least 25 domestic industry because the signature date of this notice.10 Any rebuttal comments, which may include percent of the total production of the petitioner is an interested party as domestic like product; and (ii) more defined in section 771(9)(C) of the Act. factual information, must be filed by 5:00 p.m. ET on May 20, 2021, which than 50 percent of the production of the Commerce also finds that the petitioner domestic like product produced by that demonstrated sufficient industry is 10 calendar days from the initial comment deadline. portion of the industry expressing support with respect to the initiation of support for, or opposition to, the the requested CVD investigation.4 Commerce requests that any factual information the parties consider petition. Moreover, section 702(c)(4)(D) Period of Investigation relevant to the scope of the investigation of the Act provides that, if the petition be submitted during this time period. does not establish support of domestic Because the Petition was filed on producers or workers accounting for March 30, 2021, the period of However, if a party subsequently finds that additional factual information more than 50 percent of the total investigation is January 1, 2020, through production of the domestic like product, December 31, 2020.5 pertaining to the scope of the investigation may be relevant, the party Commerce shall: (i) Poll the industry or Scope of the Investigation may contact Commerce and request rely on other information in order to determine if there is support for the The merchandise covered by this permission to submit the additional petition, as required by subparagraph investigation is snow throwers from information. All scope comments must (A); or (ii) determine industry support China. For a full description of the also be filed on the record of the using a statistically valid sampling scope of this investigation, see the concurrent AD investigation. method to poll the ‘‘industry.’’ appendix to this notice. Filing Requirements Section 771(4)(A) of the Act defines Comments on Scope of the Investigation All submissions to Commerce must be the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, On April 2 and 9, 2021, Commerce filed electronically using Enforcement and Compliance (E&C)’s Antidumping to determine whether a petition has the requested further information from the requisite industry support, the statute petitioner regarding the proposed scope Duty and Countervailing Duty Centralized Electronic Service System directs Commerce to look to producers to ensure that the scope language in the and workers who produce the domestic Petition is an accurate reflection of the (ACCESS), unless an exception 11 like product. The International Trade products for which the domestic applies. An electronically filed 6 document must be received successfully Commission (ITC), which is responsible industry is seeking relief. On April 13, for determining whether ‘‘the domestic 2021, the petitioner revised the scope.7 8 industry’’ has been injured, must also The description of the merchandise See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). determine what constitutes a domestic covered by this investigation, as 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual like product in order to define the described in the appendix to this notice, information’’). industry. While both Commerce and the reflects these clarifications. 10 See 19 CFR 351.303(b). Commerce’s practice dictates that where a deadline falls on a weekend ITC must apply the same statutory or Federal holiday, the appropriate deadline is the definition regarding the domestic like Snow Throwers from the People’s Republic of next business day (in this instance, February 22, product,13 they do so for different China: General Issues Supplemental Questionnaire 2021). See Notice of Clarification: Application of purposes and pursuant to a separate and Response Volume I,’’ dated April 7, 2021 (First ‘‘Next Business Day’’ Rule for Administrative General Issues Supplement); and ‘‘Petitions for the Determination Deadlines Pursuant to the Tariff Act distinct authority. In addition, Imposition of Antidumping and Countervailing of 1930, As Amended, 70 FR 24533 (May 10, 2005). Commerce’s determination is subject to Duties on Certain Walk-Behind Snow Throwers 11 See Antidumping and Countervailing Duty limitations of time and information. from the People’s Republic of China: General Issues Proceedings: Electronic Filing Procedures; Second Supplemental Questionnaire Response Although this may result in different Administrative Protective Order Procedures, 76 FR Volume I,’’ dated April 13, 2021 (Second General definitions of the like product, such 39263 (July 6, 2011); see also Enforcement and Issues Supplement). Compliance; Change of Electronic Filing System 4 See ‘‘Determination of Industry Support for the Name, 79 FR 69046 (November 20, 2014), for details 12 See Memorandum, ‘‘Petition for the Imposition Petition’’ section, infra. of Commerce’s electronic filing requirements, of Countervailing Duties on Imports of Certain 5 See 19 CFR 351.204(b)(2). effective August 5, 2011. Information on using Walk-Behind Snow Throwers and Parts Thereof 6 See General Issues Supplemental at 3; see also ACCESS can be found at https://access.trade.gov/ from the People’s Republic of China: Consultations Phone Call with Petitioner’s Counsel at 1–2. help.aspx and a handbook can be found at https:// with Officials from the Government of China,’’ 7 See Second General Issues Supplement at 1 and access.trade.gov/help/Handbook_on_Electronic_ dated April 13, 2021. Exhibit SSI–1. Filing_Procedures.pdf. 13 See section 771(10) of the Act.

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differences do not render the decision of shipments of the domestic like product Allegations and Evidence of Material either agency contrary to law.14 for the entire domestic industry.19 We Injury and Causation Section 771(10) of the Act defines the relied on data provided by the petitioner The petitioner alleges that the imports domestic like product as ‘‘a product for purposes of measuring industry of the subject merchandise are which is like, or in the absence of like, support.20 most similar in characteristics and uses benefitting from countervailable Our review of the data provided in the subsidies and that such imports are with, the article subject to an Petition, the First General Issues investigation under this title.’’ Thus, the causing, or threaten to cause, material Supplement, the Second General Issues injury to the U.S. industry producing reference point from which the Supplement, and other information domestic like product analysis begins is the domestic like product. In addition, readily available to Commerce indicates ‘‘the article subject to an investigation’’ the petitioner alleges that subject that the petitioner has established (i.e., the class or kind of merchandise to imports exceed the negligibility industry support for the Petition.21 First, be investigated, which normally will be threshold provided for under section the Petition established support from 26 the scope as defined in the petition). 771(24)(A) of the Act. With regard to the domestic like domestic producers (or workers) The petitioner contends that the product, the petitioner does not offer a accounting for more than 50 percent of industry’s injured condition is definition of the domestic like product the total production of the domestic like illustrated by significant and increasing distinct from the scope of the product and, as such, Commerce is not volume and market share of subject investigation.15 Based on our analysis of required to take further action in order imports; lost sales and revenues; the information submitted on the to evaluate industry support (e.g., underselling and price depression and/ 22 record, we have determined that snow polling). Second, the domestic or suppression; and decline in throwers, as defined in the scope, producers (or workers) have met the profitability, employment variables, constitute a single domestic like statutory criteria for industry support capital expenditures, and capacity product, and we have analyzed industry under section 702(c)(4)(A)(i) of the Act utilization.27 We assessed the support in terms of that domestic like because the domestic producers (or allegations and supporting evidence product.16 workers) who support the Petition regarding material injury, threat of In determining whether the petitioner account for at least 25 percent of the material injury, causation, as well as has standing under section 702(c)(4)(A) total production of the domestic like negligibility, and we have determined 23 of the Act, we considered the industry product. Finally, the domestic that these allegations are properly support data contained in the Petition producers (or workers) have met the supported by adequate evidence, and with reference to the domestic like statutory criteria for industry support meet the statutory requirements for product as defined in the ‘‘Scope of the under section 702(c)(4)(A)(ii) of the Act initiation.28 Investigation,’’ in the appendix to this because the domestic producers (or notice. To establish industry support, workers) who support the Petition Initiation of CVD Investigation the petitioner provided its own account for more than 50 percent of the Based upon our examination of the shipments of snow throwers in 2020.17 production of the domestic like product Petition and supplemental responses, The petitioner estimated the production produced by that portion of the industry we find that the Petition meets the of the domestic like product for the expressing support for, or opposition to, 24 requirements of section 702 of the Act. entire industry based on shipment data, the Petition. Accordingly, Commerce Therefore, we are initiating a CVD because production data for the entire determines that the Petition was filed on investigation to determine whether domestic industry are not available, and behalf of the domestic industry within imports of snow throwers from China shipments are a close approximation of the meaning of section 702(b)(1) of the 25 benefit from countervailable subsidies production in the snow throwers Act. conferred by the GOC. Based on our 18 industry. The petitioner compared its Injury Test review of the Petition, we find that there shipments to the estimated total 2020 is sufficient information to initiate a Because China is a ‘‘Subsidies CVD investigation on all but one of the 14 See USEC, Inc. v. United States, 132 F. Supp. Agreement Country’’ within the 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. alleged programs. For a full discussion v. United States, 688 F. Supp. 639, 644 (CIT 1988), meaning of section 701(b) of the Act, of the basis for our decision to initiate aff’d 865 F. 2d 240 (Fed. Cir. 1989)). section 701(a)(2) of the Act applies to on each program, see China CVD 15 See Petition at Volume I at 18–22 and Exhibits this investigation. Accordingly, the ITC Initiation Checklist. The initiation I–13, I–15 and I–19; see also First General Issues must determine whether imports of the checklist for this investigation is Supplement at 5–6. subject merchandise from China 16 For a discussion of the domestic like product available on ACCESS. In accordance analysis as applied to this case and information materially injure, or threaten material with section 703(b)(1) of the Act and 19 regarding industry support, see Checklist, injury to, a U.S. industry. CFR 351.205(b)(1), unless postponed, ‘‘Countervailing Duty Investigation Initiation we will make our preliminary Checklist: Certain Walk-Behind Snow Throwers 19 See Petition at Volume I at 4–6 and Exhibits I– and Parts Thereof from the People’s Republic of 1, I–7, and I–19; see also First General Issues China’’ dated concurrently with this notice and on 26 See Petition at Volume I at 22–23 and Exhibit Supplement at 7–8 and Exhibit SI–3; and Second file electronically via ACCESS (China CVD I–8; see also General Issues Supplement at 9. General Issues Supplement at 2–4 and Exhibits Initiation Checklist) at Attachment II, Analysis of 27 SS1–2 and SS1–4. See Petition at Volume I at 22–34 and Exhibits Industry Support for the Antidumping and I–7, I–9 through I–11, I–17, I–18, and I–21 through 20 See Petition at Volume I at 4–6 and Exhibits I– Countervailing Duty Petitions Covering Certain I–23; see also First General Issues Supplement at 3, 1, I–7, and I–19; see also First General Issues Walk-Behind Snow Throwers and Parts Thereof 9 and Exhibits SI–1 and SI–5; see also Second Supplement at 7–8 and Exhibit SI–3; and Second from the People’s Republic of China (Attachment General Issues Supplement at 4–5 and Exhibit SSI– General Issues Supplement at 2–4 and Exhibits II). 3. SS1–2 and SS1–4. 17 See Second General Issues Supplement at 2 and 28 See CVD Initiation Checklist at Attachment III, 21 See CVD Initiation Checklist at Attachment II. Exhibit SSI–2. Analysis of Allegations and Evidence of Material 22 18 See Petition at Volume I at 4–6 and Exhibits I– Id.; see also section 702(c)(4)(D) of the Act. Injury and Causation for the Antidumping and 1, I–7, and I–19; see also First General Issues 23 See China CVD Initiation Checklist at Countervailing Duty Petitions Covering Certain Supplement at 7–8 and Exhibit SI–3; and Second Attachment II. Walk-Behind Snow Throwers and Parts Thereof General Issues Supplement at 2–4 and Exhibits 24 Id. from the People’s Republic of China (Attachment SS1–2 and SS1–4. 25 Id. III).

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determination no later than 65 days ITC Notification from multiple parties simultaneously, after the date of this initiation. Commerce will notify the ITC of its an extension request will be considered untimely if it is filed after 10:00 a.m. ET Respondent Selection initiation, as required by section 702(d) of the Act. on the due date. Under certain The petitioner named 36 companies circumstances, Commerce may elect to in China as producers/exporters of snow Preliminary Determination by the ITC specify a different time limit by which throwers.29 Commerce intends to follow The ITC will preliminarily determine, extension requests will be considered its standard practice in CVD within 45 days after the date on which untimely for submissions which are due investigations and calculate company- the Petition was filed, whether there is from multiple parties simultaneously. In specific subsidy rates in this a reasonable indication that imports of such a case, Commerce will inform investigation. In the event Commerce snow throwers from China are parties in a letter or memorandum of the determines that the number of materially injuring, or threatening deadline (including a specified time) by companies is large and it cannot material injury to, a U.S. industry.31 A which extension requests must be filed individually examine each company negative ITC determination will result to be considered timely. An extension based upon Commerce’s resources, in the investigation being terminated.32 request must be made in a separate, where appropriate, Commerce intends Otherwise, this investigation will stand-alone submission; under limited to select mandatory respondents based proceed according to statutory and circumstances we will grant untimely- on U.S. Customs and Border Protection regulatory time limits. filed requests for the extension of time (CBP) entry data for U.S. imports under limits. Parties should review Submission of Factual Information the appropriate Harmonized Tariff Commerce’s regulations concerning the Schedule of the United States (HTSUS) Factual information is defined in 19 extension of time limits prior to numbers listed in the ‘‘Scope of the CFR 351.102(b)(21) as: (i) Evidence submitting extension requests or factual Investigation,’’ in the appendix. submitted in response to questionnaires; information in this investigation.36 On April 19, 2021, Commerce (ii) evidence submitted in support of Certification Requirements released CBP data on imports of snow allegations; (iii) publicly available throwers from China under information to value factors under 19 Any party submitting factual administrative protective order (APO) to CFR 351.408(c) or to measure the information in an AD or CVD all parties with access to information adequacy of remuneration under 19 CFR proceeding must certify to the accuracy protected by APO and indicated that 351.511(a)(2); (iv) evidence placed on and completeness of that information.37 interested parties wishing to comment the record by Commerce; and (v) Parties must use the certification on the CBP data must do so within three evidence other than factual information formats provided in 19 CFR business days of the publication date of described in (i)–(iv). Section 351.301(b) 351.303(g).38 Commerce intends to the notice of initiation of this of Commerce’s regulations requires any reject factual submissions if the investigation.30 We further stated that party, when submitting factual submitting party does not comply with we will not accept rebuttal comments. information, to specify under which the applicable certification Interested parties must submit subsection of 19 CFR 351.102(b)(21) the requirements. applications for disclosure under APO information is being submitted 33 and, if in accordance with 19 CFR 351.305(b). the information is submitted to rebut, Notification to Interested Parties Instructions for filing such applications clarify, or correct factual information Interested parties must submit may be found on E&C’s website at already on the record, to provide an applications for disclosure under http://enforcement.trade.gov/apo. explanation identifying the information administrative protective order in Comments must be filed already on the record that the factual accordance with 19 CFR 351.305. electronically using ACCESS. An information seeks to rebut, clarify, or Parties wishing to participate in this electronically filed document must be correct.34 Time limits for the investigation should ensure that they received successfully, in its entirety, by submission of factual information are meet the requirements of document ACCESS no later than 5:00 p.m. ET on addressed in 19 CFR 351.301, which submission procedures (e.g., the filing of the date noted above. Commerce intends provides specific time limits based on letters of appearance as discussed at 19 to finalize its decisions regarding the type of factual information being CFR 351.103(d)).39 Note that Commerce respondent selection within 20 days of submitted. Interested parties should has temporarily modified certain of its publication of this notice. review the regulations prior to requirements for serving documents submitting factual information in this Distribution of Copies of the Petition containing business proprietary investigation. information, until further notice.40 In accordance with section Extensions of Time Limits 702(b)(4)(A) of the Act and 19 CFR 36 See 19 CFR 351; see also Extension of Time 351.202(f), a copy of the public version Parties may request an extension of Limits; Final Rule, 78 FR 57790 (September 20, of the Petition has been provided to the time limits before the expiration of a 2013), available at http://www.gpo.gov/fdsys/pkg/ GOC via ACCESS. Furthermore, to the time limit established under 19 CFR FR-2013-09-20/html/2013-22853.htm. 37 See section 782(b) of the Act. extent practicable, Commerce will 351.301, or as otherwise specified by Commerce. In general, an extension 38 See Certification of Factual Information to attempt to provide a copy of the public Import Administration During Antidumping and version of the Petition to each exporter request will be considered untimely if it Countervailing Duty Proceedings, 78 FR 42678 (July named in the Petition, as provided is filed after the expiration of the time 17, 2013) (Final Rule); see also frequently asked under 19 CFR 351.203(c)(2). limit established under 19 CFR questions regarding the Final Rule, available at 351.301.35 For submissions that are due http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 29 See Petition at Volume I at Exhibit I–5. 39 See Antidumping and Countervailing Duty 31 See section 703(a)(1) of the Act. 30 See Memorandum, ‘‘Countervailing Duty Proceedings: Documents Submission Procedures; 32 Petition on Certain Walk-Behind Snow Throwers Id. APO Procedures, 73 FR 3634 (January 22, 2008). and Parts Thereof from the People’s Republic of 33 See 19 CFR 351.301(b). 40 See Temporary Rule Modifying AD/CVD China: Release of U.S. Customs and Border 34 See 19 CFR 351.301(b)(2). Service Requirements Due to COVID–19; Extension Protection Entry Data,’’ dated April 19, 2021. 35 See 19 CFR 351.302. of Effective Period, 85 FR 41363 (July 10, 2020).

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This notice is issued and published Countervailing Duty Determination, 86 FR name of this company is Zhenjiang pursuant to sections 702 and 777(i) of 12619 (March 4, 2021). Zhonglian I/E Co., Ltd. the Act, and 19 CFR 351.203(c). The snow throwers subject to this investigation are typically entered under Notification to Interested Parties Dated: April 19, 2021. Harmonized Tariff Schedule of the United This notice is issued and published in Christian Marsh, States (HTSUS) subheading 8430.20.0060. Certain parts of snow throwers subject to this accordance with section 706(a) of the Acting Assistant Secretary for Enforcement Tariff Act of 1930, as amended, and 19 and Compliance. investigation may also enter under HTSUS 8431.49.9095. The HTSUS subheadings are CFR 351.211(b). Appendix—Scope of the Investigation provided for convenience and customs Dated: April 20, 2021. purposes only, and the written description of The merchandise covered by this Christian Marsh, investigation consists of gas-powered, walk- the merchandise under investigation is dispositive. Acting Assistant Secretary for Enforcement behind snow throwers (also known as snow and Compliance. blowers), which are snow moving machines [FR Doc. 2021–08633 Filed 4–23–21; 8:45 am] [FR Doc. 2021–08635 Filed 4–23–21; 8:45 am] that are powered by internal combustion BILLING CODE 3510–DS–P engines and primarily pedestrian-controlled. BILLING CODE 3510–DS–P The scope of the investigation covers certain snow throwers (also known as snow DEPARTMENT OF COMMERCE blowers), whether self-propelled or non-self- DEPARTMENT OF COMMERCE propelled, whether finished or unfinished, International Trade Administration whether assembled or unassembled, and International Trade Administration whether containing any additional features [A–570–131, C–570–132] that provide for functions in addition to [A–570–141] snow throwing. Subject merchandise also Twist Ties From the People’s Republic includes finished and unfinished snow of China: Antidumping and Certain Walk-Behind Snow Throwers throwers that are further processed in a third Countervailing Duty Orders; and Parts Thereof From the People’s country or in the United States, including, Correction Republic of China: Initiation of Less- but not limited to, assembly or any other Than-Fair-Value Investigation processing that would not otherwise remove AGENCY: Enforcement and Compliance, the merchandise from the scope of this International Trade Administration, AGENCY: Enforcement and Compliance, investigation if performed in the country of Department of Commerce. International Trade Administration, manufacture of the in-scope snow throwers. Department of Commerce. Walk-behind snow throwers subject to the ACTION: Notice; correction. scope of this investigation are powered by DATES: Applicable April 19, 2021. internal combustion engines which are SUMMARY: The Department of Commerce FOR FURTHER INFORMATION CONTACT: typically spark ignition, single or multiple (Commerce) published a notice in the Laurel LaCivita or Charles Doss, AD/ cylinder, and air-cooled with power take off Federal Register of April 14, 2021, CVD Operations, Enforcement and shafts. regarding the antidumping duty (AD) Compliance, International Trade For the purposes of this investigation, an and countervailing duty (CVD) orders Administration, U.S. Department of unfinished and/or unassembled snow on twist ties from the People’s Republic thrower means at a minimum, a sub- Commerce, 1401 Constitution Avenue assembly comprised of an engine, auger of China (China). This notice contained NW, Washington, DC 20230; telephone: housing (i.e., intake frame), and an auger (or the incorrect name of one of the (202) 482–4243 or (202) 482–4474, ‘‘auger paddle’’) packaged or imported companies subject to the CVD order. respectively. together. An intake frame is the portion of the FOR FURTHER INFORMATION CONTACT: Ajay SUPPLEMENTARY INFORMATION: snow thrower—typically of aluminum or Menon, AD/CVD Operations, Office II, steel—that houses and protects an operator Enforcement and Compliance, The Petition from a rotating auger and is the intake point for the snow. Importation of the subassembly International Trade Administration, On March 30, 2021, the Department of whether or not accompanied by, or attached U.S. Department of Commerce, 1401 Commerce (Commerce) received an to, additional components including, but not Constitution Avenue NW, Washington, antidumping duty (AD) petition limited to, handle(s), impeller(s), chute(s), DC 20230; telephone: (202) 482–1993. concerning imports of certain walk- track tread(s), or wheel(s) constitutes an SUPPLEMENTARY INFORMATION: behind snow throwers and parts thereof unfinished snow thrower for purposes of this investigation. The inclusion in a third Correction (snow throwers) from the People’s country of any components other than the Republic of China (China) filed in snow thrower sub-assembly does not remove In the Federal Register of April 14, proper form on behalf of MTD Products the snow thrower from the scope. A snow 2021, in FR Doc 2021–07630, on page Inc. (the petitioner), a domestic thrower is within the scope of this 19604, in the second column, correct producer of snow throwers.1 The investigation regardless of the origin of its the name of the fifth company listed in Petition was accompanied by a engine. the ‘‘Company’’ table to be Zhenjiang countervailing duty (CVD) petition Specifically excluded is merchandise Zhonglian I/E Co., Ltd. concerning imports of snow throwers covered by the scope of the antidumping and 2 countervailing duty orders on certain vertical Background from China. shaft engines between 225cc and 999cc, and On April 2 and 9, 2021, Commerce On April 14, 2021, Commerce requested supplemental information parts thereof from the People’s Republic of published in the Federal Register the China. See Certain Vertical Shaft Engines pertaining to certain aspects of the Between 225cc and 999cc, and Parts Thereof, AD and CVD orders on twist ties from Petition in separate supplemental 1 from the People’s Republic of China: China. We misspelled the name of the questionnaires and a phone call with Amended Final Antidumping Duty fifth company in the ‘‘Company’’ table Determination and Antidumping Duty Order, subject to the CVD order as Zhenjiang 1 See Petitioner’s Letter, ‘‘Petitions for the 86 FR 12623 (March 4, 2021) and Certain Zhonglian VE Co., Ltd. The correct Imposition of Antidumping and Countervailing Vertical Shaft Engines Between 225cc and Duties on Certain Walk-Behind Snow Throwers 999cc, and Parts Thereof from the People’s 1 See Twist Ties from the People’s Republic of from the People’s Republic of China,’’ dated March Republic of China: Countervailing Duty China: Antidumping and Countervailing Duty 30, 2021 (the Petition). Order and Amended Final Affirmative Orders, 86 FR 19602 (April 14, 2021). 2 Id.

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the petitioner.3 On April 7 and 13, 2021, Scope of the Investigation pertaining to the scope of the the petitioner filed timely responses to The merchandise covered by this investigation may be relevant, the party these requests for additional investigation is snow throwers from may contact Commerce and request information.4 China. For a full description of the permission to submit the additional In accordance with section 732(b) of scope of this investigation, see the information. All scope submissions the Tariff Act of 1930, as amended (the appendix to this notice. must be filed on the records of the concurrent AD and CVD investigations. Act), the petitioner alleges that imports Comments on the Scope of the of snow throwers from China are being, Investigation Filing Requirements or are likely to be, sold in the United On April 2 and 7, 2021, Commerce States at less than fair value (LTFV) All submissions to Commerce must be requested further information from the within the meaning of section 731 of the filed electronically via Enforcement and Act and that imports of such products petitioner regarding the proposed scope to ensure that the scope language in the Compliance (E&C)’s Antidumping Duty are materially injuring, or threatening Petition is an accurate reflection of the and Countervailing Duty Centralized material injury to, the domestic snow products for which the domestic Electronic Service System (ACCESS), thrower industry in the United States. 12 industry is seeking relief.6 On April 13, unless an exception applies. An Consistent with section 732(b)(1) of the 2021, the petitioner revised the scope.7 electronically filed document must be Act, the Petition is accompanied by The description of the merchandise received successfully in its entirety by information reasonably available to the covered by this investigation, as the time and date it is due. petitioner supporting the allegation. described in the appendix to this notice, Comments on Product Characteristics Commerce finds that the petitioner reflects these clarifications. filed the Petition on behalf of the As discussed in the Preamble to Commerce is providing interested domestic industry because the Commerce’s regulations, we are setting parties an opportunity to comment on petitioner is an interested party, as aside a period for interested parties to the appropriate physical characteristics defined in section 771(9)(C) of the Act. raise issues regarding product coverage of snow throwers to be reported in 8 Commerce also finds that the petitioner (i.e., scope). Commerce will consider response to Commerce’s AD demonstrated sufficient industry all comments received from interested questionnaires. This information will be parties and, if necessary, will consult support for the initiation of the used to identify the key physical 5 with interested parties prior to the requested AD investigation. characteristics of the subject issuance of the preliminary Period of Investigation determination. If scope comments merchandise in order to report the include factual information, all such relevant factors of production (FOPs) Because China is a non-market factual information should be limited to accurately, as well as to develop economy (NME) country, pursuant to 19 public information.9 To facilitate appropriate product-comparison CFR 351.204(b)(1), the period of preparation of its questionnaires, criteria. investigation (POI) is July 1, 2020, Commerce requests that all interested Interested parties may provide any through December 31, 2020. parties submit such comments by 5:00 information or comments that they feel p.m. Eastern Time (ET) on May 10, are relevant to the development of an 3 See Commerce’s Letters, ‘‘Petitions for the 2021, which is the next business day Imposition of Antidumping and Countervailing accurate list of physical characteristics. Duties on Imports of Certain Walk-Behind Snow after 20 calendar days from the In order to consider the suggestions of Throwers and Parts Thereof from the People’s signature date of this notice.10 Any interested parties in developing and Republic of China: Supplemental Questions,’’ dated rebuttal comments, which may include issuing the AD questionnaires, all April 2, 2021 (General Issues Supplemental factual information, must be filed by Questionnaire); ‘‘Petition for the Imposition of product characteristics comments must Antidumping Duties on Imports of Certain Walk- 5:00 p.m. ET on May 20, 2021, which be filed by 5:00 p.m. ET on May 10, Behind Snow Throwers and Parts Thereof from the is 10 calendar days from the initial 2021, which is the next business day People’s Republic of China: Supplemental comment deadline.11 Questions Regarding Volume II (Antidumping Duty after 20 calendar days from the Commerce requests that any factual 13 Allegation) of the Petition,’’ dated April 2, 2021; see information parties consider relevant to signature date of this notice. Any also Memorandum, ‘‘Petitions for the Imposition of the scope of the investigation be rebuttal comments, which may include Antidumping and Countervailing Duties on Imports factual information, must be filed by of Certain Walk-Behind Snow Throwers and Parts submitted during this period. However, Thereof from the People’s Republic of China: Phone if a party subsequently finds that 5:00 p.m. ET on May 20, 2021, which Call with Counsel to the Petitioner,’’ dated April 9, additional factual information is ten calendar days after the initial 2021 (Phone Call with Petitioner’s Counsel). comment deadline. All comments and 4 See Petitioner’s Letters, ‘‘Petitions for the 6 Imposition of Antidumping and Countervailing See General Issues Supplemental Questionnaire submissions to Commerce must be filed Duties on Certain Walk-Behind Snow Throwers at 3; see also Phone Call with Petitioner’s Counsel electronically using ACCESS, as from the People’s Republic of China: General Issues at 1–2. explained above, on the record of the 7 Supplemental Questionnaire Response Volume I,’’ See Second General Issues Supplement at 1 and AD investigation. dated April 7, 2021 (First General Issues Exhibit SSI–1. Supplement); ‘‘Petitions for the Imposition of 8 See Antidumping Duties; Countervailing Duties, Antidumping and Countervailing Duties on Certain Final Rule, 62 FR 27296, 27323 (May 19, 1997) 12 See Antidumping and Countervailing Duty Walk-Behind Snow Throwers from the People’s (Preamble). Proceedings: Electronic Filing Procedures; Republic of China: Supplemental Questionnaire 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual Administrative Protective Order Procedures, 76 FR Response Volume II,’’ dated April 7, 2021 (China information’’). 39263 (July 6, 2011); see also Enforcement and AD Supplement); and ‘‘Petitions for the Imposition 10 Commerce’s practice dictates that where a Compliance; Change of Electronic Filing System of Antidumping and Countervailing Duties on deadline falls on a weekend or Federal holiday (in Name, 79 FR 69046 (November 20, 2014) for details Certain Walk-Behind Snow Throwers from the this instance, May 9, 2021), the appropriate of Commerce’s electronic filing requirements, People’s Republic of China: General Issues Second deadline is the next business day. See Notice of effective August 5, 2011. Information on help using Supplemental Questionnaire Response Volume I,’’ Clarification: Application of ‘‘Next Business Day’’ ACCESS can be found at https://access.trade.gov/ dated April 13, 2021 (Second General Issues Rule for Administrative Determination Deadlines help.aspx and a handbook can be found at https:// Supplement). Pursuant to the Tariff Act of 1930, As Amended, 70 access.trade.gov/help/Handbook_on_Electronic_ 5 See ‘‘Determination of Industry Support for the FR 24533 (May 10, 2005). Filing_Procedures.pdf. Petition’’ section, infra. 11 See 19 CFR 351.303(b). 13 See 19 CFR 351.303(b).

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Determination of Industry Support for be investigated, which normally will be Supplement, and other information the Petition the scope as defined in the petition). readily available to Commerce indicates Section 732(b)(1) of the Act requires With regard to the domestic like that the petitioner has established 22 that a petition be filed on behalf of the product, the petitioner does not offer a industry support for the Petition. First, domestic industry. Section 732(c)(4)(A) definition of the domestic like product the Petition established support from distinct from the scope of the domestic producers (or workers) of the Act provides that a petition meets 16 this requirement if the domestic investigation. Based on our analysis of accounting for more than 50 percent of producers or workers who support the the information submitted on the the total production of the domestic like petition account for: (i) At least 25 record, we have determined that snow product and, as such, Commerce is not percent of the total production of the throwers, as defined in the scope, required to take further action in order domestic like product; and (ii) more constitute a single domestic like to evaluate industry support (e.g., than 50 percent of the production of the product, and we have analyzed industry polling).23 Second, the domestic support in terms of that domestic like producers (or workers) have met the domestic like product produced by that 17 portion of the industry expressing product. statutory criteria for industry support In determining whether the petitioner support for, or opposition to, the under section 732(c)(4)(A)(i) of the Act has standing under section 732(c)(4)(A) petition. Moreover, section 732(c)(4)(D) because the domestic producers (or of the Act, we considered the industry of the Act provides that, if the petition workers) who support the Petition support data contained in the Petition does not establish support of domestic account for at least 25 percent of the with reference to the domestic like producers or workers accounting for total production of the domestic like product as defined in the ‘‘Scope of the more than 50 percent of the total product.24 Finally, the domestic Investigation,’’ in the appendix to this production of the domestic like product, producers (or workers) have met the notice. To establish industry support, Commerce shall: (i) Poll the industry or statutory criteria for industry support the petitioner provided its own rely on other information in order to under section 732(c)(4)(A)(ii) of the Act shipments of snow throwers in 2020.18 determine if there is support for the because the domestic producers (or The petitioner estimated the production petition, as required by subparagraph workers) who support the Petition of the domestic like product for the (A); or (ii) determine industry support account for more than 50 percent of the entire industry based on shipment data, using a statistically valid sampling production of the domestic like product because production data for the entire method to poll the ‘‘industry.’’ produced by that portion of the industry Section 771(4)(A) of the Act defines domestic industry are not available, and expressing support for, or opposition to, shipments are a close approximation of the ‘‘industry’’ as the producers as a the Petition.25 Accordingly, Commerce production in the snow throwers whole of a domestic like product. Thus, determines that the Petition was filed on industry.19 The petitioner compared its to determine whether a petition has the behalf of the domestic industry within shipments to the estimated total 2020 requisite industry support, the statute the meaning of section 732(b)(1) of the shipments of the domestic like product directs Commerce to look to producers Act.26 for the entire domestic industry.20 We and workers who produce the domestic relied on data provided by the petitioner Allegations and Evidence of Material like product. The International Trade for purposes of measuring industry Injury and Causation Commission (ITC), which is responsible 21 support. The petitioner alleges that the U.S. for determining whether ‘‘the domestic Our review of the data provided in the industry producing the domestic like industry’’ has been injured, must also Petition, the First General Issues product is being materially injured, or is determine what constitutes a domestic Supplement, the Second General Issues like product in order to define the threatened with material injury, by reason of the imports of the subject industry. While both Commerce and the 16 See Petition at Volume I at 18–22 and Exhibits ITC must apply the same statutory I–13, I–15 and I–19; see also First General Issues merchandise sold at LTFV. In addition, definition regarding the domestic like Supplement at 5–6. the petitioner alleges that subject product,14 they do so for different 17 For a discussion of the domestic like product imports exceed the negligibility purposes and pursuant to a separate and analysis as applied to this case and information threshold provided for under section regarding industry support, see Checklist, 27 distinct authority. In addition, ‘‘Antidumping Duty Investigation Initiation 771(24)(A) of the Act. Commerce’s determination is subject to Checklist: Certain Walk-Behind Snow Throwers The petitioner contends that the limitations of time and information. and Parts Thereof from the People’s Republic of industry’s injured condition is China’’ dated concurrently with this notice and on illustrated by significant and increasing Although this may result in different file electronically via ACCESS (China AD Initiation definitions of the like product, such Checklist) at Attachment II, Analysis of Industry volume and market share of subject differences do not render the decision of Support for the Antidumping and Countervailing imports; lost sales and revenues; either agency contrary to law.15 Duty Petitions Covering Certain Walk-Behind Snow underselling and price depression and/ Throwers and Parts Thereof from the People’s Section 771(10) of the Act defines the Republic of China (Attachment II). or suppression; and decline in domestic like product as ‘‘a product 18 See Second General Issues Supplement at 2 and profitability, employment variables, which is like, or in the absence of like, Exhibit SSI–2. capital expenditures, and capacity most similar in characteristics and uses 19 See Petition at Volume I at 4–6 and Exhibits I– utilization.28 We assessed the with, the article subject to an 1, I–7, and I–19; see also First General Issues Supplement at 7–8 and Exhibit SI–3; and Second 22 See China AD Initiation Checklist at investigation under this title.’’ Thus, the General Issues Supplement at 2–4 and Exhibits Attachment II. reference point from which the SS1–2 and SS1–4. 23 Id.; see also section 732(c)(4)(D) of the Act. domestic like product analysis begins is 20 See Petition at Volume I at 4–6 and Exhibits I– 24 See China AD Initiation Checklist at ‘‘the article subject to an investigation’’ 1, I–7, and I–19; see also First General Issues Supplement at 7–8 and Exhibit SI–3; and Second Attachment II. (i.e., the class or kind of merchandise to General Issues Supplement at 2–4 and Exhibits 25 Id. SS1–2 and SS1–4. 26 Id. 14 See section 771(10) of the Act. 21 See Petition at Volume I at 4–6 and Exhibits I– 27 See Petition at Volume I at 22–23 and Exhibit 15 See USEC, Inc. v. United States, 132 F. Supp. 1, I–7, and I–19; see also First General Issues I–8; see also First General Issues Supplement at 9. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. Supplement at 7–8 and Exhibit SI–3; and Second 28 See Petition at Volume I at 22–34 and Exhibits v. United States, 688 F. Supp. 639, 644 (CIT 1988), General Issues Supplement at 2–4 and Exhibits I–7, I–9 through I–11, I–17, I–18, and I–21 through aff’d 865 F.2d 240 (Fed. Cir. 1989)). SS1–2 and SS1–4. I–23; see also First General Issues Supplement at 3,

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allegations and supporting evidence China and is a significant producer of later than 140 days after the date of this regarding material injury, threat of comparable merchandise.33 The initiation. material injury, causation, as well as petitioner submitted publicly-available Respondent Selection negligibility, and we have determined information from Mexico to value all that these allegations are properly FOPs, with the exception of two inputs In the Petition, the petitioner named supported by adequate evidence, and for which Mexico did not have 36 companies in China as producers meet the statutory requirements for significant data.34 Based on the and/or exporters of snow throwers.39 initiation.29 information provided by the petitioner, In accordance with our standard practice for respondent selection in AD Allegations of Sales at LTFV we determine that it is appropriate to use Mexico as a surrogate country for investigations involving NME countries, The following is a description of the China for initiation purposes.35 Commerce selects respondents based on allegations of sales at LTFV upon which Interested parties will have the quantity and value (Q&V) Commerce based its decision to initiate opportunity to submit comments questionnaires in cases where it has the AD investigation of imports of snow regarding surrogate country selections determined that the number of throwers from China. The sources of and, pursuant to 19 CFR companies is large and it cannot data for the deductions and adjustments 351.301(c)(3)(i), will be provided an individually examine each company relating to U.S. price and normal value opportunity to submit publicly available based upon its resources. Therefore, (NV) are discussed in greater detail in information to value FOPs within 30 considering the number of producers the AD Initiation Checklist. days before the scheduled date of the and exporters identified in the Petition, Commerce will solicit Q&V information U.S. Price preliminary determination. that can serve as a basis for selecting The petitioner based export price (EP) Factors of Production exporters for individual examination in on a transaction-specific average unit The petitioner used its own product- the event that Commerce decides to value (AUV) derived from official U.S. specific consumption rates as a limit the number of respondents import statistics for imports under surrogate to value Chinese individually examined pursuant to HTSUS 8430.20.0060 obtained from the manufacturers’ FOPs.36 Additionally, section 777A(c)(2) of the Act. Since ITC’s Dataweb and tied to ship manifest there are 36 producers and/or exporters data from Datamyne.30 The petitioner the petitioner calculated factory overhead; selling, general and identified in the Petition, Commerce has made adjustments for movement and determined to limit the number of Q&V other expenses, where appropriate.31 administrative expenses; and profit based on the experience of a Mexican questionnaires that it will send out to Normal Value producer of comparable merchandise.37 exporters and producers based on U.S. Customs and Border Protection (CBP) Commerce considers China to be an Fair Value Comparisons 32 data for snow throwers from China NME country. In accordance with during the POI under the appropriate section 771(18)(C)(i) of the Act, any Based on the data provided by the Harmonized Tariff Schedule of the determination that a foreign country is petitioner, there is reason to believe that United States subheadings listed in the an NME country shall remain in effect imports of snow throwers from China ‘‘Scope of the Investigation,’’ in the until revoked by Commerce. Therefore, are being, or are likely to be, sold in the appendix. Accordingly, Commerce will we continue to treat China as an NME United States at LTFV. Based on a send Q&V questionnaires to the largest country for purposes of the initiation of comparison of EP to NV, in accordance producers and exporters that are this investigation. Accordingly, NV in with sections 772 and 773 of the Act, identified in the CBP data for which China is appropriately based on FOPs the estimated dumping margin for snow 38 there is address information on the valued in a surrogate market economy throwers from China is 89.96. record. country, in accordance with section Initiation of LTFV Investigation In addition, Commerce will post the 773(c) of the Act. Q&V questionnaire along with filing The petitioner states that Mexico is an Based upon our examination of the instructions on E&C’s website at https:// appropriate surrogate country for China Petition on snow throwers from China enforcement.trade.gov/questionnaires/ because Mexico is a market economy and supplemental responses, we find questionnaires-ad.html. Producers and/ country that is at a level of economic that the Petition meets the requirements or exporters of snow throwers from development comparable to that of of section 732 of the Act. Therefore, we are initiating an AD investigation to China that do not receive Q&V questionnaires may still submit a 9 and Exhibits SI–1 and SI–5; see also Second determine whether imports of snow General Issues Supplement at 4–5 and Exhibit SSI– throwers from China are being, or are response to the Q&V questionnaire and 3. likely to be, sold in the United States at can obtain a copy of the Q&V 29 See AD Initiation Checklist at Attachment III, LTFV. In accordance with section questionnaire from E&C’s website. In Analysis of Allegations and Evidence of Material accordance with the standard practice Injury and Causation for the Antidumping and 733(b)(1)(A) of the Act and 19 CFR Countervailing Duty Petitions Covering Certain 351.205(b)(1), unless postponed, we will for respondent selection in AD cases Walk-Behind Snow Throwers and Parts Thereof make our preliminary determination no involving NME countries, in the event from the People’s Republic of China (Attachment Commerce decides to limit the number III). 33 of respondents individually 30 See the AD Initiation Checklist. See Petition at Volume II at 3 and Exhibits II– 1, II–2. investigated, Commerce intends to base 31 Id. 34 Id. at 3 and 6 and Exhibits II–1, II–8a, and II– respondent selection on the responses to 32 See, e.g., Antidumping Duty Investigation of 8c. The petitioner valued the two missing inputs Certain Aluminum Foil from the People’s Republic the Q&V questionnaire that it receives. using data from Brazil, also demonstrated to be a of China: Affirmative Preliminary Determination of Responses to the Q&V questionnaire significant producer of comparable merchandise. Sales at Less-Than-Fair Value and Postponement of must be submitted by the relevant 35 Further, we find it appropriate to use Brazilian Final Determination, 82 FR 50858, 50861 Chinese producers/exporters no later (November 2, 2017), and accompanying Preliminary data in the alternative where information from Decision Memorandum at 7–8, unchanged in Mexico was unavailable. than 5:00 p.m. ET on May 3, 2021, Certain Aluminum Foil from the People’s Republic 36 Id. at 5. of China: Final Determination of Sales at Less Than 37 Id. at 3 and 7. 39 See Petition at Volume I at 16 and Exhibit I– Fair Value, 83 FR 9282 (March 5, 2018). 38 See China AD Supplement at Exhibit SII–3. 5; and General Issues Supplement at Exhibit SI–6.

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which is two weeks from the signature eligible for a separate rate in an NME CFR 351.408(c) or to measure the date of this notice. All Q&V investigation. The Separate Rates and adequacy of remuneration under 19 CFR questionnaire responses must be filed Combination Rates Bulletin states: 351.511(a)(2); (iv) evidence placed on electronically via ACCESS. An {w}hile continuing the practice of the record by Commerce; and (v) electronically filed document must be assigning separate rates only to exporters, all evidence other than factual information received successfully, in its entirety, by separate rates that {Commerce} will now described in (i)–(iv). Section 351.301(b) ACCESS no later than 5:00 p.m. ET on assign in its NME Investigation will be of Commerce’s regulations requires any the deadline noted above. specific to those producers that supplied the party, when submitting factual Interested parties must submit exporter during the period of investigation. Note, however, that one rate is calculated for information, to specify under which applications for disclosure under subsection of 19 CFR 351.102(b)(21) the Administrative Protective Order (APO) the exporter and all of the producers which information is being submitted 45 and, if in accordance with 19 CFR 351.305(b). supplied subject merchandise to it during the period of investigation. This practice applies the information is submitted to rebut, Instructions for filing such applications both to mandatory respondents receiving an may be found on E&C’s website at clarify, or correct factual information individually calculated separate rate as well already on the record, to provide an http://enforcement.trade.gov/apo. as the pool of non-investigated firms Comments must be filed electronically receiving the weighted-average of the explanation identifying the information using ACCESS. An electronically filed individually calculated rates. This practice is already on the record that the factual document must be received referred to as the application of ‘‘combination information seeks to rebut, clarify, or successfully, in its entirety, by ACCESS rates’’ because such rates apply to specific correct.46 Time limits for the no later than 5:00 p.m. ET on the combinations of exporters and one or more submission of factual information are producers. The cash-deposit rate assigned to deadline noted above. Commerce addressed in 19 CFR 351.301, which an exporter will apply only to merchandise provides specific time limits based on intends to finalize its decisions both exported by the firm in question and regarding respondent selection within produced by a firm that supplied the exporter the type of factual information being 20 days of publication of this notice. during the period of investigation.42 submitted. Interested parties should review the regulations prior to Separate Rates Distribution of Copies of the AD submitting factual information in this In order to obtain separate-rate status Petition investigation. in an NME investigation, exporters and In accordance with section producers must submit a separate-rate Extensions of Time Limits 732(b)(3)(A) of the Act and 19 CFR application.40 The specific requirements for submitting a separate-rate 351.202(f), a copy of the public version Parties may request an extension of application in a China investigation are of the Petition has been provided to the time limits before the expiration of a outlined in detail in the application Government of China via ACCESS. time limit established under 19 CFR itself, which is available on E&C’s Furthermore, to the extent practicable, 351.301 or as otherwise specified by website at http://enforcement.trade.gov/ Commerce will attempt to provide a Commerce. In general, an extension nme/nme-sep-rate.html. The separate- copy of the public version of the request will be considered untimely if it rate application will be due 30 days Petition to each exporter named in the is filed after the expiration of the time after publication of this initiation Petition, as provided under 19 CFR limit established under 19 CFR 351.301. notice.41 Exporters and/or producers 351.203(c)(2). For submissions that are due from who submit a separate-rate application ITC Notification multiple parties simultaneously, an and have been selected as mandatory extension request will be considered Commerce will notify the ITC of our respondents will be eligible for untimely if it is filed after 10:00 a.m. ET initiation, as required by section 732(d) consideration for separate-rate status of the Act. on the due date. Under certain only if they respond to all parts of circumstances, we may elect to specify Commerce’s AD questionnaire as Preliminary Determination by the ITC a different time limit by which mandatory respondents. Commerce The ITC will preliminarily determine, extension requests will be considered requires that respondents from China within 45 days after the date on which untimely for submissions which are due submit a response to both the Q&V the Petition was filed, whether there is from multiple parties simultaneously. In questionnaire and the separate-rate a reasonable indication that imports of such a case, Commerce will inform application by the respective deadlines snow throwers from China are parties in a letter or memorandum of the in order to receive consideration for materially injuring, or threatening deadline (including a specified time) by separate-rate status. Companies not material injury to, a U.S. industry.43 A which extension requests must be filed filing a timely Q&V questionnaire negative ITC determination will result to be considered timely. An extension response will not receive separate rate in the investigation being terminated.44 request must be made in a separate, consideration. Otherwise, the investigation will stand-alone submission; under limited Use of Combination Rates proceed according to statutory and circumstances we will grant untimely- regulatory time limits. Commerce will calculate combination filed requests for the extension of time rates for certain respondents that are Submission of Factual Information limits. Parties should review Commerce’s regulations concerning the Factual information is defined in 19 40 extension of time limits prior to See Policy Bulletin 05.1: ‘‘Separate-Rates CFR 351.102(b)(21) as: (i) Evidence Practice and Application of Combination Rates in submitting factual information in this submitted in response to questionnaires; Antidumping Investigation involving NME investigation.47 Countries,’’ (April 5, 2005), available at http:// (ii) evidence submitted in support of enforcement.trade.gov/policy/bull05-1.pdf (Policy allegations; (iii) publicly available 45 Bulletin 05.1). information to value factors under 19 See 19 CFR 351.301(b). 41 Although in past investigations this deadline 46 See 19 CFR 351.301(b)(2). was 60 days, consistent with 19 CFR 351.301(a), 47 See 19 CFR 351.302, see also, e.g., Extension which states that ‘‘the Secretary may request any 42 See Policy Bulletin 05.1 at 6 (emphasis added). of Time Limits; Final Rule, 78 FR 57790 (September person to submit factual information at any time 43 See section 733(a) of the Act. 20, 2013), available at http://www.gpo.gov/fdsys/ during a proceeding,’’ this deadline is now 30 days. 44 Id. pkg/FR-2013-09-20/html/2013-22853.htm.

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Certification Requirements investigation if performed in the country of DEPARTMENT OF COMMERCE Any party submitting factual manufacture of the in-scope snow throwers. Walk-behind snow throwers subject to the International Trade Administration information in an AD or CVD scope of this investigation are powered by proceeding must certify to the accuracy [A–851–804] internal combustion engines which are and completeness of that information.48 typically spark ignition, single or multiple Parties must use the certification Seamless Carbon and Alloy Steel cylinder, and air-cooled with power take off Standard, Line, and Pressure Pipe formats provided in 19 CFR shafts. 351.303(g).49 Commerce intends to From the Czech Republic: For the purposes of this investigation, an Antidumping Duty Order reject factual submissions if the unfinished and/or unassembled snow submitting party does not comply with thrower means at a minimum, a sub- AGENCY: Enforcement and Compliance, the applicable certification assembly comprised of an engine, auger International Trade Administration, requirements. housing (i.e., intake frame), and an auger (or Department of Commerce. Notification to Interested Parties ‘‘auger paddle’’) packaged or imported SUMMARY: Based on affirmative final together. An intake frame is the portion of the determinations by the Department of Interested parties must submit snow thrower—typically of aluminum or Commerce (Commerce) and the applications for disclosure under APO steel—that houses and protects an operator International Trade Commission (ITC), in accordance with 19 CFR 351.305. from a rotating auger and is the intake point Commerce is issuing an antidumping Parties wishing to participate in this for the snow. Importation of the subassembly duty order on seamless carbon and alloy investigation should ensure that they whether or not accompanied by, or attached steel standard, line, and pressure pipe meet the requirements of Commerce’s to, additional components including, but not (seamless pipe) from the Czech document submission procedures (e.g., limited to, handle(s), impeller(s), chute(s), Republic. the filing of letters of appearance as track tread(s), or wheel(s) constitutes an 50 DATES: Applicable April 26, 2021. discussed at 19 CFR 351.103(d)). Note unfinished snow thrower for purposes of this that Commerce has temporarily investigation. The inclusion in a third FOR FURTHER INFORMATION CONTACT: modified certain of its requirements for country of any components other than the Dmitry Vladimirov, AD/CVD serving documents containing business snow thrower sub-assembly does not remove Operations, Office I, Enforcement and proprietary information until further the snow thrower from the scope. A snow Compliance, International Trade notice.51 thrower is within the scope of this Administration, U.S. Department of This notice is issued and published investigation regardless of the origin of its Commerce, 1401 Constitution Avenue pursuant to sections 732(c)(2) and 777(i) engine. NW, Washington, DC 20230; telephone: of the Act, and 19 CFR 351.203(c). Specifically excluded is merchandise (202) 482–0665. Dated: April 19, 2021. covered by the scope of the antidumping and SUPPLEMENTARY INFORMATION: Christian Marsh, countervailing duty orders on certain vertical Background shaft engines between 225cc and 999cc, and Acting Assistant Secretary for Enforcement In accordance with sections 735(d) and Compliance. parts thereof from the People’s Republic of China. See Certain Vertical Shaft Engines and 777(i)(1) of the Tariff Act of 1930, Appendix—Scope of the Investigation Between 225cc and 999cc, and Parts Thereof, as amended (the Act), and 19 CFR from the People’s Republic of China: 351.210(c), on March 5, 2021, The merchandise covered by this Commerce published its affirmative investigation consists of gas-powered, walk- Amended Final Antidumping Duty behind snow throwers (also known as snow Determination and Antidumping Duty Order, final determination in the less-than-fair- blowers), which are snow moving machines 86 FR 12623 (March 4, 2021) and Certain value (LTFV) investigation of seamless 1 that are powered by internal combustion Vertical Shaft Engines Between 225cc and pipe from the Czech Republic. On engines and primarily pedestrian-controlled. 999cc, and Parts Thereof From the People’s April 19, 2021, the ITC notified The scope of the investigation covers certain Republic of China: Countervailing Duty Commerce of its final affirmative snow throwers (also known as snow Order and Amended Final Affirmative determination that an industry in the blowers), whether self-propelled or non-self- Countervailing Duty Determination, 86 FR United States is materially injured propelled, whether finished or unfinished, 12619 (March 4, 2021). within the meaning of section whether assembled or unassembled, and The snow throwers subject to this 735(b)(1)(A)(i) of the Act, by reason of whether containing any additional features investigation are typically entered under the LTFV imports of seamless pipe from that provide for functions in addition to 2 snow throwing. Subject merchandise also Harmonized Tariff Schedule of the United the Czech Republic. includes finished and unfinished snow States (HTSUS) subheading 8430.20.0060. Scope of the Order throwers that are further processed in a third Certain parts of snow throwers subject to this country or in the United States, including, investigation may also enter under HTSUS The products covered by this order but not limited to, assembly or any other 8431.49.9095. The HTSUS subheadings are are seamless pipe and redraw hollows processing that would not otherwise remove provided for convenience and customs from the Czech Republic, less than or the merchandise from the scope of this purposes only, and the written description of equal to 16 inches in nominal outside the merchandise under investigation is diameter, regardless of wall-thickness, 48 See section 782(b) of the Act. dispositive. manufacturing process, end finish, or 49 See Certification of Factual Information to [FR Doc. 2021–08629 Filed 4–23–21; 8:45 am] surface finish. For a complete Import Administration During Antidumping and description of the scope of the order, see Countervailing Duty Proceedings, 78 FR 42678 (July BILLING CODE 3510–DS–P 17, 2013) (Final Rule). Answers to frequently asked the appendix to this notice. questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_ 1 See Seamless Carbon and Alloy Steel Standard, info_final_rule_FAQ_07172013.pdf. Line, and Pressure Pipe from the Czech Republic: 50 See Antidumping and Countervailing Duty Final Affirmative Determination of Sales at Less Proceedings: Documents Submission Procedures; Than Fair Value, 86 FR 12909 (March 5, 2021) APO Procedures, 73 FR 3634 (January 22, 2008). (Final Determination). 51 See Temporary Rule Modifying AD/CVD 2 See ITC’s Letter, ‘‘Notification of ITC Final Service Requirements Due to COVID–19; Extension Determination,’’ dated April 19, 2021 (ITC of Effective Period, 85 FR 41363 (July 10, 2020). Notification Letter).

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Antidumping Duty Order this subject merchandise, a cash deposit This order is published in accordance On April 19, 2021, in accordance with equal to the cash deposit rates listed with section 736(a) of the Act and 19 5 sections 735(b)(1)(A)(i) and 735(d) of the below. The all-others rate applies to all CFR 351.211(b). Act, the ITC notified Commerce of its producers or exporters not specifically Dated: April 20, 2021. listed, as appropriate. final determination that an industry in Christian Marsh, the United States is materially injured Estimated Weighted-Average Dumping Acting Assistant Secretary for Enforcement by reason of imports of seamless pipe Margins and Compliance. from the Czech Republic.3 Therefore, The dumping margins for this Appendix Commerce is issuing this antidumping antidumping duty order are as follows: duty order in accordance with sections Scope of the Order 735(c)(2) and 736 of the Act. Because Dumping The merchandise covered by this order is the ITC determined that imports of Exporter/producer margin seamless carbon and alloy steel (other than seamless pipe from the Czech Republic (percent) stainless steel) pipes and redraw hollows, are materially injuring a U.S. industry, less than or equal to 16 inches (406.4 mm) Liberty Ostrava A.S ...... 51.70 unliquidated entries of such in nominal outside diameter, regardless of Moravia Steel A.S ...... 51.70 wall-thickness, manufacturing process (e.g., merchandise from the Czech Republic, All Others ...... 51.07 which are entered or withdrawn from hot-finished or cold-drawn), end finish (e.g., plain end, beveled end, upset end, threaded, warehouse for consumption, are subject Provisional Measures or threaded and coupled), or surface finish to the assessment of antidumping Section 733(d) of the Act states that (e.g., bare, lacquered or coated). Redraw duties. hollows are any unfinished carbon or alloy Therefore, in accordance with section suspension of liquidation pursuant to an steel (other than stainless steel) pipe or 736(a)(1) of the Act, Commerce will affirmative preliminary determination ‘‘hollow profiles’’ suitable for cold finishing direct U.S. Customs and Border may not remain in effect for more than operations, such as cold drawing, to meet the Protection (CBP) to assess, upon further four months, except that Commerce may American Society for Testing and Materials instruction by Commerce, antidumping extend the four-month period to no (ASTM) or American Petroleum Institute duties equal to the amount by which the more than six months at the request of (API) specifications referenced below, or exporters representing a significant comparable specifications. Specifically normal value of the merchandise included within the scope are seamless exceeds the export price (or constructed proportion of exports of the subject merchandise. Commerce’s Preliminary carbon and alloy steel (other than stainless export price) of the merchandise, for all steel) standard, line, and pressure pipes relevant entries of seamless pipe from Determination was published on 6 produced to the ASTM A–53, ASTM A–106, the Czech Republic. Antidumping December 21, 2020. Commerce’s Final ASTM A–333, ASTM A–334, ASTM A–589, Determination was not extended and ASTM A–795, ASTM A–1024, and the API duties will be assessed on unliquidated 7 entries of seamless pipe from the Czech was published on March 5, 2021. As 51 specifications, or comparable Republic entered, or withdrawn from such, the four-month period beginning specifications, and meeting the physical warehouse, for consumption on or after on the date of publication of the parameters described above, regardless of Preliminary Determination ended on application, with the exception of the December 21, 2020, the date of exclusions discussed below. publication of the Preliminary April 19, 2021. Therefore, in accordance with section Specifically excluded from the scope of Determination.4 733(d) of the Act, Commerce will this order are: (1) All pipes meeting Continuation of Suspension of instruct CBP to terminate the aerospace, hydraulic, and bearing tubing suspension of liquidation, and to specifications, including pipe produced to Liquidation the ASTM A–822 standard; (2) all pipes In accordance with section 736 of the liquidate, without regard to meeting the chemical requirements of ASTM Act, Commerce will instruct CBP to antidumping duties, unliquidated A–335, whether finished or unfinished; and entries of seamless pipe from the Czech continue to suspend liquidation on all (3) unattached couplings. Also excluded from Republic entered or withdrawn from relevant entries of seamless pipe from the scope of the order are all mechanical, warehouse for consumption after April boiler, condenser and heat exchange tubing, the Czech Republic which are entered, 19, 2021, the date on which the except when such products conform to the or withdrawn from warehouse, for provisional measures expired, through dimensional requirements, i.e., outside consumption on or after the date of the day preceding the date of diameter and wall thickness, of ASTM A–53, publication of the ITC’s notice of final publication of the ITC’s final affirmative ASTM A–106 or API 51 specifications. Also determination in the Federal Register. excluded from the scope of the order are: (1) injury determination in the Federal These instructions suspending Oil country tubular goods consisting of drill Register. Suspension of liquidation will liquidation will remain in effect until pipe, casing, tubing and coupling stock; (2) resume on the date of publication of the further notice. all pipes meeting the chemical requirements ITC’s final affirmative injury We will also instruct CBP to require of ASTM A–335 regardless of their determination in the Federal Register. cash deposits for estimated antidumping conformity to the dimensional requirements of ASTM A–53, ASTM A–106 or API 5L; and duties equal to the amounts as indicated Notification to Interested Parties (3) the exclusion for ASTM A335 applies to below. Accordingly, effective on the This notice constitutes the pipes meeting the comparable specifications date of publication in the Federal antidumping duty order with respect to GOST 550–75. Register of the ITC’s final affirmative seamless pipe from the Czech Republic, Subject seamless standard, line, and injury determination, CBP will require, pursuant to section 736(a) of the Act. pressure pipe are normally entered under at the same time as importers would Interested parties can find a list of Harmonized Tariff Schedule of the United normally deposit estimated duties on States (HTSUS) subheadings 7304.19.1020, antidumping duty orders currently in 7304.19.1030, 7304.19.1045, 7304.19.1060, effect at http://enforcement.trade.gov/ 7304.19.5020, 7304.19.5050, 7304.31.6050, 3 See ITC Notification Letter. stats/iastats1.html. 7304.39.0016, 7304.39.0020, 7304.39.0024, 4 See Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Czech Republic: 7304.39.0028, 7304.39.0032, 7304.39.0036, Preliminary Affirmative Determination of Sales at 5 See section 736(a)(3) of the Act. 7304.39.0040, 7304.39.0044, 7304.39.0048, Less Than Fair Value, 85 FR 83059 (December 21, 6 See Preliminary Determination. 7304.39.0052, 7304.39.0056, 7304.39.0062, 2020) (Preliminary Determination). 7 See Final Determination. 7304.39.0068, 7304.39.0072, 7304.51.5005,

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7304.51.5060, 7304.59.6000, 7304.59.8010, FOR FURTHER INFORMATION CONTACT: fisheries covered by the Convention, as 7304.59.8015, 7304.59.8020, 7304.59.8025, Emily Reynolds, NMFS Pacific Islands specified in the Act. 7304.59.8030, 7304.59.8035, 7304.59.8040, Regional Office; telephone: 808–725– The appointed members of the 7304.59.8045, 7304.59.8050, 7304.59.8055, 5039; facsimile: 808–725–5215; email: Permanent Advisory Committee are to 7304.59.8060, 7304.59.8065, and [email protected]. include not less than 15 nor more than 7304.59.8070. The HTSUS subheadings and 20 individuals selected from the various specifications are provided for convenience SUPPLEMENTARY INFORMATION: and customs purposes; the written groups concerned with the fisheries description of the scope is dispositive. The Convention and the Commission covered by the Convention, providing, to the extent practicable, an equitable [FR Doc. 2021–08632 Filed 4–23–21; 8:45 am] The objective of the Convention is to balance among such groups. In addition BILLING CODE 3510–DS–P ensure, through effective management, the long-term conservation and to the 15–20 appointed members, the sustainable use of highly migratory fish Permanent Advisory Committee DEPARTMENT OF COMMERCE stocks in the western and central Pacific includes the chair of the Western Pacific Ocean in accordance with the United Fishery Management Council’s National Oceanic and Atmospheric Nations Convention on the Law of the Advisory Committee (or designee), and Administration Sea of 10 December 1982 (UNCLOS) and officials of the fisheries management authorities of American Samoa, Guam, [RTID 0648–XB024] the Agreement for the Implementation of the Provisions of the UNCLOS and the Commonwealth of the Northern Nominations for the Western and Relating to the Conservation and Mariana Islands (or their designees). Members of the Permanent Advisory Central Pacific Fisheries Commission Management of Straddling Fish Stocks Committee will be invited to attend all Permanent Advisory Committee and Highly Migratory Fish Stocks. The non-executive meetings of the U.S. Convention establishes the Commission, Commissioners to the Commission and AGENCY: National Marine Fisheries the Secretariat of which is based in at such meetings will be given Service (NMFS), National Oceanic and Pohnpei, Federated States of opportunity to examine and be heard on Atmospheric Administration (NOAA), Micronesia. all proposed programs of investigation, Commerce. The Convention applies to all highly reports, recommendations, and ACTION: Notice of request for migratory fish stocks (defined as all fish nominations. regulations of the Commission. stocks of the species listed in Annex I Each appointed member of the of the UNCLOS occurring in the SUMMARY: NMFS, on behalf of the Permanent Advisory Committee will Convention Area, and such other serve for a term of 2 years and is eligible Secretary of Commerce, is reopening a species of fish as the Commission may request for nominations for the advisory for reappointment. This request for determine), except sauries. nominations is for the term to begin on committee established under the The United States actively supported Western and Central Pacific Fisheries August 3, 2021, and is for a term of 2 the negotiations and the development of consecutive years. Convention Implementation Act (Act). the Convention and signed the The Permanent Advisory Committee, The Secretaries of Commerce and Convention when it was opened for State will furnish the Permanent composed of individuals from groups signature in 2000. It participated as a concerned with the fisheries covered by Advisory Committee with relevant cooperating non-member of the information concerning fisheries and the Western and Central Pacific Commission since it became operational Fisheries Convention (Convention), will international fishery agreements. in 2005. The United States became a NMFS, on behalf of the Secretary of be given the opportunity to provide Contracting Party to the Convention and input to the U.S. Commissioners to the Commerce, will provide to the a full member of the Commission when Permanent Advisory Committee Western and Central Pacific Fisheries it ratified the Convention in January Commission (Commission) regarding administrative and technical support 2007. Under the Act, the United States services as are necessary for its effective the deliberations and decisions of the is to be represented on the Commission Commission. Nominations previously functioning. by five U.S. Commissioners, appointed Appointed members of the Permanent submitted in response to the notice by the President. published on January 4, 2021, need not Advisory Committee will serve without be resubmitted. Permanent Advisory Committee pay, but while away from their homes or regular places of business in the DATES: Nominations must be received The Act (16 U.S.C. 6902) provides (in performance of services for the advisory no later than May 10, 2021. section 6902(d)) that the Secretary of committee will be allowed travel Nominations received after the deadline Commerce, in consultation with the expenses, including per diem in lieu of will not be accepted. U.S. Commissioners to the Commission, subsistence, in the same manner as ADDRESSES: Nominations should be will appoint individuals as members of persons employed intermittently in the directed to Michael Tosatto, Regional the advisory committee established Government service are allowed Administrator, NMFS Pacific Islands under the Act, referred to here as the expenses under 5 U.S.C. 5703. They will Regional Office, and may be submitted ‘‘Permanent Advisory Committee’’. not be considered Federal employees by any of the following means: On January 4, 2021, NMFS published while performing service as members of • Email: [email protected]. Include a notice in the Federal Register (86 FR the advisory committee except for the in the subject line the following 73) seeking nominations for the purposes of injury compensation or tort document identifier: ‘‘Permanent advisory committee established under claims liability as provided in 5 U.S.C. Advisory Committee nominations’’. the Act. Nominations had to be received 18 and 28 U.S.C. 171. Email comments, including by February 18, 2021. Although NMFS attachments, are limited to 5 megabytes. has received a number of nominations, Procedure for Submitting Nominations • Mail or hand delivery: 1845 Wasp NMFS on behalf of the Secretary of Nominations for the Permanent Boulevard, Bldg 176, Honolulu, HI Commerce is reopening the nomination Advisory Committee should be 96818. process in order to ensure an equitable submitted to NMFS (see ADDRESSES). • Facsimile: 808–725–5215. balance among representatives of the This request for nominations is for first-

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time nominees as well as previous and webinar and accessible via the internet DEPARTMENT OF COMMERCE current Permanent Advisory Committee from the Council’s website at https:// members. Self nominations are safmc.net/safmc-meetings/public- National Oceanic and Atmospheric acceptable. Nominations previously hearings-scoping-meetings/. The public Administration submitted in response to the notice hearings will begin at 5 p.m. Agency Information Collection published on January 4, 2021, should Registration for the webinars is Activities; Submission to the Office of not be resubmitted. Nominations should required. Registration information, a Management and Budget (OMB) for include the following information: (1) copy of the Public hearing summary and Review and Approval; Comment Full name, address, telephone, and presentation, and an online public Request; Economic Analysis of email address of nominee; (2) nominee’s comment form will be posted on the organization(s) or professional Shoreline Treatment Options for Council’s website at https://safmc.net/ Coastal New Hampshire affiliation(s) serving as the basis for the safmc-meetings/public-hearings- nomination, if any; and (3) a scoping-meetings/ on April 28, 2021. AGENCY: National Oceanic & background statement, not to exceed The Council will accept public Atmospheric Administration (NOAA), one page in length, describing the comment on Coral Amendment 10 from Commerce. nominee’s qualifications, experience April 28, 2021 through 5 p.m. on May ACTION: Notice of information collection, and interests, specifically as related to 14, 2021. request for comment. the fisheries covered by the Convention. Authority: 16 U.S.C. 6902. Amendment 10 to the Coral, Coral Reef SUMMARY: The Department of and Live Hard Bottom Habitat FMP Commerce, in accordance with the Dated: April 21, 2021. Paperwork Reduction Act of 1995 Jennifer M. Wallace, The draft amendment currently (PRA), invites the general public and Acting Director, Office of Sustainable addresses a request from the rock other Federal agencies to comment on Fisheries, National Marine Fisheries Service. shrimp industry to create a Shrimp proposed, and continuing information [FR Doc. 2021–08647 Filed 4–23–21; 8:45 am] Fishery Access Area (SFAA) along the collections, which helps us assess the BILLING CODE 3510–22–P eastern boundary of the northern impact of our information collection extension of the Oculina Bank Coral requirements and minimize the public’s HAPC to allow rock shrimp trawling reporting burden. The purpose of this DEPARTMENT OF COMMERCE and access to historic rock shrimp notice is to allow for 60 days of public fishing grounds. Vessels fishing for rock comment preceding submission of the National Oceanic and Atmospheric shrimp in the South Atlantic region are collection to OMB. Administration required to carry approved Vessel DATES: To ensure consideration, [RTID 0648–XB025] Monitoring Systems (VMS) to harvest or comments regarding this proposed possess rock shrimp. Establishing a information collection must be received South Atlantic Fishery Management SFAA would allow access to the area at on or before June 25, 2021. Council; Public Hearings times where the species is found ADDRESSES: Interested persons are slightly west of the existing boundary invited to submit written comments to AGENCY: National Marine Fisheries while retaining the integrity of the Service (NMFS), National Oceanic and Adrienne Thomas, NOAA PRA Officer, eastern boundary of the Oculina Bank at [email protected]. Please Atmospheric Administration (NOAA), Coral HAPC, maintaining the Commerce. reference OMB Control Number 0648– prohibition on all other bottom tending 0788 in the subject line of your ACTION: Notice of public hearings. gear. comments. Do not submit Confidential SUMMARY: The South Atlantic Fishery During the public hearings, Council Business Information or otherwise Management Council (Council) will staff will present an overview of the sensitive or protected information. hold a series of public hearings via amendment and will be available to FOR FURTHER INFORMATION CONTACT: webinar pertaining to Amendment 10 to answer questions. Members of the Requests for additional information or the Coral, Coral Reef and Live Hard public will have an opportunity to go on specific questions related to collection Bottom Habitat Fishery Management record to record their comments for activities should be directed to Sarah Plan (FMP). The amendment addresses consideration by the Council. Gonyo, National Centers for Coastal Ocean Science, NOAA’s National Ocean establishing a Shrimp Fishery Access Special Accommodations Area along the eastern border of the Service, Building SSMC4, Room 9320, northern extension of the Oculina Bank These hearings are physically 1305 East-West Highway, Silver Spring, Coral Habitat Area of Particular Concern accessible to people with disabilities. MD, 20910, Telephone (240) 533–0382 (HAPC). Requests for auxiliary aids should be or [email protected]. DATES: The public hearings will be held directed to the Council office (see SUPPLEMENTARY INFORMATION: via webinar on May 12 and 13, 2021. ADDRESSES) 5 days prior to the meeting. I. Abstract ADDRESSES: Council address: South Note: The times and sequence This is a request for a revision to Atlantic Fishery Management Council, specified in this agenda are subject to information collection 0648–0788, 4055 Faber Place Drive, Suite 201, N change. sponsored by the National Oceanic and Charleston, SC 29405. Authority: 16 U.S.C. 1801 et seq. Atmospheric Administration (NOAA) FOR FURTHER INFORMATION CONTACT: Kim National Center for Coastal Ocean Dated: April 20, 2021. Iverson, Public Information Officer, Science (NCCOS). This collection will SAFMC; phone: (843) 571–4366 or toll Tracey L. Thompson, benefit the NOAA, Office of Coastal free: (866) SAFMC–10; fax: (843) 769– Acting Deputy Director, Office of Sustainable Management (OCM), and decision- 4520; email: [email protected]. Fisheries, National Marine Fisheries Service. makers on the state and local level in SUPPLEMENTARY INFORMATION: The [FR Doc. 2021–08540 Filed 4–23–21; 8:45 am] New Hampshire. NOAA will collect scoping meetings will be conducted via BILLING CODE 3510–22–P economic data pursuant to the Coastal

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Zone Management Act (CZMA) and final collection will support the additional question should increase data Digital Coastal Act. development of a CSMP for New quality. The New Hampshire Coastal Risk and Hampshire as well as provide II. Method of Collection Hazards Commission (CRHC) was information to help inform local coastal established by the State Legislature zone management and planning. The data collection will take place through RSA 483–E on July 2, 2013. The Upon analysis of the pre-test data and over a five- to nine-month period and purpose of the Commission, as stated in guidance from experts in survey will be comprised of a questionnaire to the law, is to ‘‘recommend legislation, methodology, the following changes be completed by the respondent. The rules and other actions to prepare for were made to enhance understanding, data will be collected via a combination projected sea-level rise and other coastal response rate, and to minimize of mail and internet survey instrument. watershed hazards such as storms, respondent burden: increased river flooding and storm water • Question 4: ‘‘suffered damage’’ has III. Data runoff, and the risks such hazards pose been replaced with ‘‘been damaged’’ to OMB Control Number: 0648–0788. to municipalities and the state assets in avoid potential bias an increase data New Hampshire.’’ Further, in carrying quality. Form Number(s): None. out this charge, the Commission is • Questions 7a/8a: ‘‘coastal flooding’’ Type of Review: Regular submission specifically directed to ‘‘review National has been replaced with ‘‘flooding’’ to (revision of an existing information Oceanic and Atmospheric not exclude riverine flooding. collection). • Administration and other scientific Questions 7a/8a, 7b/8b: ‘‘flooding Affected Public: Individuals or agency projections of coastal storm damage’’ and ‘‘shoreline erosion households. inundation and flood risk to determine damage’’ were replaced with ‘‘damage the appropriate information, data, and from flooding’’ and ‘‘damage from Estimated Number of Respondents: property risks’’ to incorporate into its shoreline erosion’’ to improve 6,000. recommendations. understanding. Estimated Time per Response: 20 In 2016, the CRCH recommended the • Questions 14h and 14i were minutes. development of a ‘‘comprehensive, removed based on pre-test results to Estimated Total Annual Burden integrated New Hampshire Coastal reduce burden without decreasing data Hours: 2,000. Shoreline Management Plan (CSMP) quality. that presents general priorities for • Questions 16–21 originally asked Estimated Total Annual Cost to coastal shoreline management, as well respondents to indicate their preference Public: $0. as site-specific and place-based to six unique policy options, but now Respondent’s Obligation: Voluntary. strategies including, where appropriate, respondents are asked to compare three Legal Authority: Digital Coast Act, protection, adaptation, and sets of unique policy options. Pre-test Coastal Zone Management Act. abandonment.’’ Following a New results suggested that respondents Hampshire Shoreline Management would prefer to compare policies rather IV. Request for Comments workshop organized by GBNERR in than rate them individually and We are soliciting public comments to 2014 and consistent with CRHC comparing three sets of policy options permit the Department/Bureau to: (a) Recommendation BL6, NHCP has should reduce burden while increasing Evaluate whether the proposed prioritized living shoreline assessment data quality. information collection is necessary for and implementation in its five-year • Question 22b: This question is now the proper functions of the Department, strategy to enhance coastal management asked after each policy comparison including whether the information will (309 Strategy, 2015) and set a longer- instead of once to improve data quality. have practical utility; (b) Evaluate the term goal to develop a Tidal Shoreline • Question 22f: ‘‘a public vote or accuracy of our estimate of the time and Management Plan (TSMP) for New referendum’’ was replaced with ‘‘being cost burden for this proposed collection, Hampshire. considered by the New Hampshire including the validity of the The National Ocean Service (NOS) legislature’’ to convey the same methodology and assumptions used; (c) proposes to collect economic data to information, but using region-specific Evaluate ways to enhance the quality, document perceived effects of weather terminology, which should increase utility, and clarity of the information to and climate events and adaptation data quality. strategies, to assess probable public • Question 22: An additional be collected; and (d) Minimize the benefits that would be derived from statement was added to capture reporting burden on those who are to shoreline treatment options within potentially invalid responses due to respond, including the use of automated coastal New Hampshire, and to establish ‘‘scenario rejection,’’ which should collection techniques or other forms of a baseline for future monitoring of increase data quality. information technology. NOAA’s success in meeting its • Question 23: The question and Comments that you submit in mandates and obligations. response option phrasings have been response to this notice are a matter of Respondents will be randomly updated to reflect the modified choice public record. We will include or sampled from households (1) within experiment. summarize each comment in our request New Hampshire, (2) within block • Question 30: The year has been to OMB to approve this ICR. Before groups in Maine adjacent to the updated from 2019 to 2020 when asking including your address, phone number, Piscataqua River, and (3) within block about the previous year’s household email address, or other personal groups in Massachusetts adjacent to the income. identifying information in your Hampton-Seabrook Estuary. Questions • A question has been added to ask comment, you should be aware that will explore such issues as participation how long the respondent has been a your entire comment—including your in recreational activities, familiarity resident of their current state. personal identifying information—may with weather and climate effects and Respondents who have recently moved be made publicly available at any time. adaptation methods, sense of place, and within their state may have different While you may ask us in your comment opinions on shoreline treatment opinions than those who have recently to withhold your personal identifying options. No PII will be collected. The moved from out-of-state, so this information from public review, we

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cannot guarantee that we will be able to information provided. Sensitive or other forms of information do so. personal information, such as account technology. Comments submitted in numbers or Social Security numbers, response to this notice will be submitted Sheleen Dumas, should not be included. to OMB as part of its review of this Department PRA Clearance Officer, Office of request. All comments will become a the Chief Information Officer, Commerce FOR FURTHER INFORMATION CONTACT: Department. Documentation prepared in support of matter of public record. [FR Doc. 2021–08650 Filed 4–23–21; 8:45 am] this information collection request is Dated: April 20, 2021. available at www.regulations.gov. BILLING CODE 3510–JE–P Suzan Muslu, Requests for additional information Data Governance Program Manager, Bureau should be directed to Suzan Muslu, Data of Consumer Financial Protection. Governance Program Manager, at (202) BUREAU OF CONSUMER FINANCIAL [FR Doc. 2021–08561 Filed 4–23–21; 8:45 am] 435–9267, or email: CFPB_PRA@ PROTECTION BILLING CODE 4810–AM–P cfpb.gov. If you require this document [Docket No. CFPB–2021–0010] in an alternative electronic format, please contact CFPB_Accessibility@ DEPARTMENT OF DEFENSE Agency Information Collection cfpb.gov. Please do not submit Activities: Comment Request comments to these email boxes. Office of the Secretary SUPPLEMENTARY INFORMATION: AGENCY: Bureau of Consumer Financial [Docket ID: DoD–2021–OS–0026] Protection. Title of Collection: ‘‘Experiment in ACTION: Notice and request for comment. Effective Consumer Financial Proposed Collection; Comment Disclosures.’’ Request SUMMARY: In accordance with the OMB Control Number: 3170–0048. Paperwork Reduction Act of 1995 Type of Review: Request for approval AGENCY: Office of the Under Secretary of (PRA), the Bureau of Consumer of a generic information collection Defense for Personnel and Readiness, Financial Protection (Bureau) is under an existing Generic Information Department of Defense (DoD). publishing this notice seeking comment Collection Plan. ACTION: Information collection notice. on a Generic Information Collection Affected Public: Individuals. titled ‘‘Experiment in Effective Estimated Number of Respondents: SUMMARY: In compliance with the Consumer Financial Disclosures’’ prior 315. Paperwork Reduction Act of 1995, the to requesting the Office of Management Estimated Total Annual Burden Office of the Under Secretary of Defense and Budget’s (OMB’s) approval of this Hours: 368. for Personnel and Readiness announces collection under the Generic Abstract: We plan on collecting a proposed public information Information Collection Plan ‘‘Generic economic data for a paper using a lab collection and seeks public comment on Information Collection Plan for Studies experiment comparing two disclosure the provisions thereof. Comments are of Consumers using Controlled Trials in styles. We will collect data on the invited on: Whether the proposed Field and Economic Laboratory choices respondents make given these collection of information is necessary Settings’’ OMB Control number 3170– different disclosures in order to for the proper performance of the 0048. understand which disclosure helps functions of the agency, including respondents make better choices. There whether the information shall have DATES: Written comments are is a survey at the end asking practical utility; the accuracy of the encouraged and must be received on or participants about risk preferences, age, agency’s estimate of the burden of the before May 26, 2021 to be assured of gender, income, family income, college proposed information collection; ways consideration. major, and primary language. These to enhance the quality, utility, and ADDRESSES: You may submit comments, responses will be used to better clarity of the information to be identified by the title of the information understand how each subgroup collected; and ways to minimize the collection, OMB Control Number (see performs given each disclosure. Faculty burden of the information collection on below), and docket number (see above), members at Gettysburg College will run respondents, including through the use by any of the following methods: the experiment in their Experimental of automated collection techniques or • Federal eRulemaking Portal: http:// Economics Lab where students of the other forms of information technology. www.regulations.gov. Follow the college will complete the experiment on DATES: Consideration will be given to all instructions for submitting comments. laboratory computers. comments received by June 25, 2021. • Email: [email protected]. Request for Comments: The Bureau is ADDRESSES: You may submit comments, Include Docket No. CFPB–2021–0010 in publishing this notice and soliciting identified by docket number and title, the subject line of the email. comments on: (a) Whether the collection by any of the following methods: • Mail/Hand Delivery/Courier: of information is necessary for the Federal eRulemaking Portal: http:// Comment intake, Bureau of Consumer proper performance of the functions of www.regulations.gov. Follow the Financial Protection (Attention: PRA the Bureau, including whether the instructions for submitting comments. Office), 1700 G Street NW, Washington, information will have practical utility; Mail: The DoD cannot receive written DC 20552. (b) The accuracy of the Bureau’s comments at this time due to the Please note that due to circumstances estimate of the burden of the collection COVID–19 pandemic. Comments should associated with the COVID–19 of information, including the validity of be sent electronically to the docket pandemic, the Bureau discourages the the methods and the assumptions used; listed above. submission of comments by mail, hand (c) Ways to enhance the quality, utility, Instructions: All submissions received delivery, or courier. Please note that and clarity of the information to be must include the agency name, docket comments submitted after the comment collected; and (d) Ways to minimize the number and title for this Federal period will not be accepted. In general, burden of the collection of information Register document. The general policy all comments received will become on respondents, including through the for comments and other submissions public records, including any personal use of automated collection techniques from members of the public is to make

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these submissions available for public Responses per Respondent: 1. institutions of higher education (IHEs) viewing on the internet at http:// Annual Responses: 135,000. to enable them to improve and expand www.regulations.gov as they are Average Burden per Response: 30 their capacity to serve Alaska Natives received without change, including any minutes. and Native Hawaiians. Alaska Native- personal identifiers or contact Frequency: Biennially. serving institutions and Native information. Dated: April 21, 2021. Hawaiian-serving institutions may use FOR FURTHER INFORMATION CONTACT: To Aaron T. Siegel, these grant awards to plan, develop, request more information on this Alternate OSD Federal Register Liaison undertake, and carry out activities to proposed information collection or to Officer, Department of Defense. improve and expand such institutions’ obtain a copy of the proposal and [FR Doc. 2021–08658 Filed 4–23–21; 8:45 am] capacity to serve Alaska Natives or Native Hawaiians. associated collection instruments, BILLING CODE 5001–06–P please write to The Office of People Priorities: This notice contains one Analytics, 4800 Mark Center Drive, competitive preference priority. This priority is from the Notice of Suite 06E22, Alexandria, VA 22350, DEPARTMENT OF EDUCATION Kristin Williams, 703–963–3047. Administrative Priority and Definitions for Discretionary Grant Programs, which SUPPLEMENTARY INFORMATION: Applications for New Awards; Alaska was published in the Federal Register Title; Associated Form; and OMB Native and Native Hawaiian—Serving on December 30, 2020 (85 FR 86545) Number: Workplace and Gender Institutions Program (Remote Learning NFP). Relations Survey of DoD Civilians; OMB AGENCY: Office of Postsecondary Competitive Preference Priority: For Control Number 0704–WGRC. Education, Department of Education. FY 2021 and any subsequent year in Needs and Uses: This survey is used ACTION: Notice. which we make awards from the list of to solicit information on gender issues, unfunded applications from this including issues relating to sexual SUMMARY: The Department of Education competition, this priority is a assault, sexual harassment, and gender (Department) is issuing a notice inviting competitive preference priority. Under discrimination in the DoD civilian applications for new awards for fiscal 34 CFR 75.105(c)(2)(i), we award up to employee workplace, as well as the year (FY) 2021 for the Alaska Native and three additional points for the priority, climate in the Department for forming Native Hawaiian-Serving Institutions depending on how well the application professional relationships between male (ANNH) Program, Assistance Listing meets this priority. and female employees. They also give Numbers 84.031R (Alaska Native) and This priority is: the Department authority to conduct 84.031V (Native Hawaiian). This notice Building Capacity for Remote such surveys under the guidance of the relates to the approved information Learning (up to 3 points). Under Secretary of Defense for collection under OMB control number Under this priority, an applicant must Personnel and Readiness (USD(P&R)). 1840–0810. propose a project that is designed to The Office of People Analytics (OPA) DATES: provide personalized and job-embedded administers both web-based and paper- Applications Available: April 26, professional learning to build the and-pen surveys to support the 2021. capacity of educators to create remote personnel information needs of the Deadline for Transmittal of learning experiences that advance USD(P&R). The WGRC survey expands Applications: June 10, 2021. student engagement and learning a series of surveys that began in 1988 Deadline for Intergovernmental through effective use of technology (e.g., with military personnel to DoD civilian Review: August 9, 2021. synchronous and asynchronous employees. OPA conducted Joint ADDRESSES: For the addresses for professional learning, professional Service gender issues surveys of active obtaining and submitting an learning networks or communities, and duty members in 1988, 1995, 2002, application, please refer to our Common coaching). 2006, 2010, 2012, 2016, and 2018, and Instructions for Applicants to Definitions: The definitions are from of Reserve component members in 2004, Department of Education Discretionary 34 CFR 77.1 and the Remote Learning 2008, 2012, 2015, 2017, and 2019. This Grant Programs, published in the NFP. is the third iteration of WGRC surveys Federal Register on February 13, 2019 Demonstrates a rationale means a key with DoD civilian employees, with the (84 FR 3768), and available at project component included in the first iteration occurring in 2016 and www.govinfo.gov/content/pkg/FR-2019- project’s logic model is informed by second administration in 2018. The 02-13/pdf/2019-02206.pdf. research or evaluation findings that WGRC survey is legislatively required to FOR FURTHER INFORMATION CONTACT: suggest the project component is likely be conducted every two years. Robyn Wood, U.S. Department of to improve relevant outcomes. Information from the WGR surveys Education, 400 Maryland Avenue SW, Logic model (also referred to as theory will be used by DoD policy offices, the Room 2B203, Washington, DC 20202– of action) means a framework that Military Departments, and Congress for 4260. Telephone: (202) 453–7744. identifies key project components of the program evaluation and, specifically, to Email: [email protected]. proposed project (i.e., the active assess and improve personnel policies, If you use a telecommunications ‘‘ingredients’’ that are hypothesized to programs, practices, and training related device for the deaf (TDD) or a text be critical to achieving the relevant to gender relations in the DoD civilian telephone (TTY), call the Federal Relay outcomes) and describes the theoretical workplace. OPA will provide reports to Service (FRS), toll free, at 1–800–877– and operational relationships among the DoD policy offices, each Military 8339. key project components and relevant Department, the Joint Chiefs of Staff outcomes. SUPPLEMENTARY INFORMATION: (JCS), and Congress. Note: In developing logic models, Affected Public: Individuals or Full Text of Announcement applicants may want to use resources such as households. I. Funding Opportunity Description the Regional Educational Laboratory Annual Burden Hours: 67,500 hours. Program’s (REL Pacific) Education Logic Number of Respondents: 135,000 Purpose of Program: The ANNH Model Application, available at https:// respondents. Program provides grants to eligible ies.ed.gov/ncee/edlabs/regions/pacific/

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elm.asp to help design their logic models. receive a grant under this competition and institutions, and inviting applications for Other sources include: https://ies.ed.gov/ another eligible or ineligible IHE, under waiver of eligibility requirements, was ncee/edlabs/regions/pacific/pdf/REL_ which the resources of the cooperating published in the Federal Register on March 2014025.pdf, https://ies.ed.gov/ncee/edlabs/ institutions are combined and shared to 4, 2021, (86 FR 12665). Only institutions that regions/pacific/pdf/REL_2014007.pdf, and better achieve the purposes of this part and the Department determines are eligible, or https://ies.ed.gov/ncee/edlabs/regions/ avoid costly duplication of effort. which are granted a waiver under the process northeast/pdf/REL_2015057.pdf. described in that notice, may apply for a Estimated Available Funds: grant in this program. Project component means an activity, $13,973,850. strategy, intervention, process, product, Individual Development Grants: An eligible IHE that submits practice, or policy included in a project. Estimated Range of Awards: applications for an Individual Evidence may pertain to an individual $500,000–$550,000 per year. Development Grant and a Cooperative project component or to a combination Estimated Average Size of Awards: Arrangement Development Grant in this of project components (e.g., training $525,000 per year. competition may be awarded both in the teachers on instructional practices for Maximum Award: We will not make same fiscal year. A grantee with an English learners and follow-on coaching an award exceeding $550,000 for a Individual Development Grant or a for these teachers). single budget period of 12 months. Cooperative Arrangement Development Relevant outcome means the student Estimated Number of Awards: 20. Grant may be a partner in one or more outcome(s) or other outcome(s) the key Cooperative Arrangement Cooperative Development Arrangement project component is designed to Development Grants: Grants. The lead institution in a improve, consistent with the specific Estimated Range of Awards: Cooperative Arrangement Development goals of the program. $500,000–$600,000 per year. Grant must be an eligible institution. Remote learning means programming Estimated Average Size of Awards: Partners are not required to be eligible where at least part of the learning occurs $550,000 per year. institutions. away from the physical building in a Maximum Award: We will not make an award exceeding $600,000 for a Note: If you are a nonprofit organization, manner that addresses a learner’s under 34 CFR 75.51, you may demonstrate educational needs. Remote learning may single budget period of 12 months. your nonprofit status by providing: (1) Proof include online, hybrid/blended Estimated Number of Awards: 5. that the Internal Revenue Service currently learning, or non-technology-based Note: The Department is not bound by any recognizes the applicant as an organization to learning (e.g., lab kits, project supplies, estimates in this notice. which contributions are tax deductible under section 501(c)(3) of the Internal Revenue paper packets). Project Period: Up to 60 months. Code; (2) a statement from a State taxing Program Authority: 20 U.S.C. 1067q III. Eligibility Information body or the State attorney general certifying (title III, part F, of the Higher Education that the organization is a nonprofit Act of 1965, as amended (HEA)). 1. Eligible Applicants: organization operating within the State and Note: In 2008, the HEA was amended by This program is authorized by title III, that no part of its net earnings may lawfully the Higher Education Opportunity Act of part F, of the HEA. At the time of benefit any private shareholder or individual; 2008 (HEOA), Public Law 110–315. Please submission of their applications, (3) a certified copy of the applicant’s note that the regulations for ANNH in 34 CFR applicants must certify their total certificate of incorporation or similar part 607 have not been updated to reflect undergraduate headcount enrollment document if it clearly establishes the nonprofit status of the applicant; or (4) any these statutory changes. The statute and that either 20 percent of the IHE’s supersedes all other regulations. item described above if that item applies to enrollment is Alaska Native or 10 a State or national parent organization, Applicable Regulations: (a) The percent is Native Hawaiian. An together with a statement by the State or Education Department General assurance form, which is included in parent organization that the applicant is a Administrative Regulations in 34 CFR the application materials for this local nonprofit affiliate. parts 75, 77, 79, 82, 84, 86, 97, 98, and competition, must be signed by an 2. a. Cost Sharing or Matching: This 99. (b) The Office of Management and official for the applicant and submitted. competition does not require cost Budget Guidelines to Agencies on To qualify as an eligible institution sharing or matching. Governmentwide Debarment and under the ANNH Program, an b. Supplement-Not-Supplant: This Suspension (Nonprocurement) in 2 CFR institution must— competition involves supplement-not- part 180, as adopted and amended as (a) Be accredited or preaccredited by supplant funding requirements. Grant regulations of the Department in 2 CFR a nationally recognized accrediting funds must be used so that they part 3485. (c) The Uniform agency or association that the Secretary supplement and, to the extent practical, Administrative Requirements, Cost has determined to be a reliable authority increase the funds that would otherwise Principles, and Audit Requirements for as to the quality of education or training be available for the activities to be Federal Awards in 2 CFR part 200, as offered; carried out under the grant and in no adopted and amended as regulations of (b) Be legally authorized by the State case supplant those funds (34 CFR the Department in 2 CFR part 3474. (d) in which it is located to be a junior or 607.30 (b)). The regulations for this program in 34 community college or to provide an c. Administrative Cost Limitation: CFR part 607. (e) The Remote Learning educational program for which it This program does not include any NFP. awards a bachelor’s degree; and program-specific limitation on (c) Be designated as an ‘‘eligible administrative expenses. All II. Award Information institution’’ by demonstrating that it: (1) administrative expenses must be Type of Award: Discretionary grants. Has an enrollment of needy students as reasonable and necessary and conform Five-year Individual Development described in 34 CFR 607.3; and (2) has to Cost Principles described in 2 CFR Grants and Cooperative Arrangement low average educational and general part 200 subpart E of the Uniform Development Grants will be awarded in expenditures per full-time equivalent Guidance. FY 2021. (FTE) undergraduate student as 3. Subgrantees: A grantee under this Note: A cooperative arrangement is an described in 34 CFR 607.4. competition may not award subgrants to arrangement to carry out allowable grant Note: The notice announcing the FY 2021 entities to directly carry out project activities between an institution eligible to process for designation of eligible activities described in its application.

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IV. Application and Submission V. Application Review Information activity is clearly described and is Information 1. Selection Criteria: The following supported by the results of relevant 1. Application Submission selection criteria for this competition studies or projects; and Instructions: Applicants are required to are from 34 CFR 607.22(a) through (g) (3) The timetable for each activity is follow the Common Instructions for and 34 CFR 75.210. We will award up realistic and likely to be attained. (e) Quality of key personnel. (8 Applicants to Department of Education to 100 points to an application under points). The extent to which— Discretionary Grant Programs, the selection criteria and up to 3 (1) The past experience and training published in the Federal Register on additional points to an application of key professional personnel are February 13, 2019 (84 FR 3768), and under the competitive preference directly related to the stated activity available at www.govinfo.gov/content/ priority, for a total score of up to 103 objectives; and pkg/FR-2019-02-13/pdf/2019-02206.pdf, points. The maximum number of points (2) The time commitment of key which contains requirements and available for each criterion is indicated personnel is realistic. information on how to submit an in parentheses. (f) Quality of project management application. (a) Quality of the applicant’s plan. (10 points). The extent to which— 2. Intergovernmental Review: This comprehensive development plan. (20 (1) Procedures for managing the program is subject to Executive Order points). The extent to which— project are likely to ensure efficient and 12372 and the regulations in 34 CFR (1) The strengths, weaknesses, and effective project implementation; and part 79. Information about significant problems of the institution’s (2) The project coordinator and Intergovernmental Review of Federal academic programs, institutional activity directors have sufficient Programs under Executive Order 12372 management, and fiscal stability are authority to conduct the project is in the application package for this clearly and comprehensively analyzed effectively, including access to the program. and result from a process that involved president or chief executive officer. 3. Funding Restrictions: We specify major constituencies of the institution; (g) Quality of evaluation plan. (12 unallowable costs in 34 CFR 607.10(c). (2) The goals for the institution’s points). The extent to which— We reference additional regulations academic programs, institutional (1) The data elements and the data outlining funding restrictions in the management, and fiscal stability are collection procedures are clearly Applicable Regulations section of this realistic and based on comprehensive described and appropriate to measure notice. analysis; the attainment of activity objectives and 4. Recommended Page Limit: The (3) The objectives stated in the plan to measure the success of the project in application narrative is where you, the are measurable, related to institutional achieving the goals of the applicant, address the selection criteria goals, and, if achieved, will contribute comprehensive development plan; and that reviewers use to evaluate your to the growth and self-sufficiency of the (2) The data analysis procedures are application. We recommend that you (1) institution; and clearly described and are likely to limit the application narrative to no (4) The plan clearly and produce formative and summative more than 50 pages for Individual comprehensively describes the methods results on attaining activity objectives Development Grants and no more than and resources the institution will use to and measuring the success of the project 65 pages for Cooperative Arrangement institutionalize practice and on achieving the goals of the Development Grants and (2) use the improvements developed under the comprehensive development plan. following standards: proposed project, including, in (h) Budget. (7 points). The extent to • A ‘‘page’’ is 8.5″ x 11″, on one side particular, how operational costs for which the proposed costs are necessary only, with 1″; margins at the top, personnel, maintenance, and upgrades and reasonable in relation to the bottom, and both sides. of equipment will be paid with project’s objectives and scope. • Double space (no more than three institutional resources. 2. Review and Selection Process: We lines per vertical inch) all text in the (b) Quality of activity objectives. (15 remind potential applicants that in application narrative, including titles, points). The extent to which the reviewing applications in any headings, footnotes, quotations, objectives for each activity are— discretionary grant competition, the references, and captions as well as all (1) Realistic and defined in terms of Secretary may consider, under 34 CFR text in charts, tables, figures, and measurable results; and 75.217(d)(3), the past performance of the graphs. (2) Directly related to the problems to applicant in carrying out a previous • Use a font that is either 12 point or be solved and to the goals of the award, such as the applicant’s use of larger, and no smaller than 10 pitch comprehensive development plan. funds, achievement of project (characters per inch). (c) Quality of the project design. (10 objectives, and compliance with grant • Use one of the following fonts: points). conditions. The Secretary may also Times New Roman, Courier, Courier (1) The Secretary considers the consider whether the applicant failed to New, or Arial. quality of the design of the proposed submit a timely performance report or The recommended page limit does not project. submitted a report of unacceptable apply to the cover sheet; the budget (2) In determining the quality of the quality. section, including the narrative budget design of the proposed project, the In addition, in making a competitive justification; the assurances and Secretary considers the extent to which grant award, the Secretary requires certifications; or the one-page abstract. the proposed project demonstrates a various assurances, including those However, the recommended page limit rationale (as defined in this notice). applicable to Federal civil rights laws does apply to all of the application (d) Quality of implementation that prohibit discrimination in programs narrative. strategy. (18 points). The extent to or activities receiving Federal financial Note: The Budget Information-Non- which— assistance from the Department (34 CFR Construction Programs Form (ED 524) (1) The implementation strategy for 100.4, 104.5, 106.4, 108.8, and 110.23). Sections A–C are not the same as the each activity is comprehensive; A panel of three non-Federal narrative response to the Budget section of (2) The rationale for the reviewers will review and score each the selection criteria. implementation strategy for each application in accordance with the

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selection criteria. A rank order funding by you as an applicant—before we make send you a Grant Award Notification slate will be made from this review. an award. In doing so, we must consider (GAN); or we may send you an email Awards will be made in rank order any information about you that is in the containing a link to access an electronic according to the average score received integrity and performance system version of your GAN. We may notify from the peer review and from the (currently referred to as the Federal you informally, also. competitive preference priority. Awardee Performance and Integrity If your application is not evaluated or In tie-breaking situations for Information System (FAPIIS)), not selected for funding, we notify you. development grants, 34 CFR 607.23(b) accessible through the System for 2. Administrative and National Policy requires that we award one additional Award Management. You may review Requirements: We identify point to an application from an IHE that and comment on any information about administrative and national policy has an endowment fund of which the yourself that a Federal agency requirements in the application package current market value, per FTE enrolled previously entered and that is currently and reference these and other student, is less than the average current in FAPIIS. requirements in the Applicable market value of the endowment funds, Please note that, if the total value of Regulations section of this notice. per FTE enrolled student, at comparable your currently active grants, cooperative We reference the regulations outlining type institutions that offer similar agreements, and procurement contracts the terms and conditions of an award in instruction. We award one additional from the Federal Government exceeds the Applicable Regulations section of point to an application from an IHE that $10,000,000, the reporting requirements this notice and include these and other has expenditures for library materials in 2 CFR part 200, Appendix XII, specific conditions in the GAN. The per FTE enrolled student that are less require you to report certain integrity GAN also incorporates your approved than the average expenditure for library information to FAPIIS semiannually. application as part of your binding materials per FTE enrolled student at Please review the requirements in 2 CFR commitments under the grant. similar type institutions. We also add part 200, Appendix XII, if this grant 3. Open Licensing Requirements: one additional point to an application plus all the other Federal funds you Unless an exception applies, if you are awarded a grant under this competition, from an IHE that proposes to carry out receive exceed $10,000,000. you will be required to openly license one or more of the following activities— 5. In General: In accordance with the (1) Faculty development; Office of Management and Budget’s to the public grant deliverables created (2) Funds and administrative guidance located at 2 CFR part 200, all in whole, or in part, with Department management; applicable Federal laws, and relevant grant funds. When the deliverable (3) Development and improvement of Executive guidance, the Department consists of modifications to pre-existing academic programs; will review and consider applications works, the license extends only to those (4) Acquisition of equipment for use for funding pursuant to this notice modifications that can be separately in strengthening management and inviting applications in accordance identified and only to the extent that academic programs; with— open licensing is permitted under the (5) Joint use of facilities; and (a) Selecting recipients most likely to terms of any licenses or other legal (6) Student services. be successful in delivering results based restrictions on the use of pre-existing For the purpose of these funding on the program objectives through an works. Additionally, a grantee or considerations, we use 2018–2019 data. objective process of evaluating Federal subgrantee that is awarded competitive If a tie remains after applying the tie- award applications (2 CFR 200.205); grant funds must have a plan to breaker mechanism above, priority will (b) Prohibiting the purchase of certain disseminate these public grant be given to applicants that have the telecommunication and video deliverables. This dissemination plan lowest endowment values per FTE surveillance services or equipment in can be developed and submitted after enrolled student. alignment with section 889 of the your application has been reviewed and 3. Risk Assessment and Specific National Defense Authorization Act of selected for funding. For additional Conditions: Consistent with 2 CFR 2019 (Pub. L. 115–232) (2 CFR 200.216); information on the open licensing 200.205, before awarding grants under (c) Promoting the freedom of speech requirements please refer to 2 CFR this program the Department conducts a and religious liberty in alignment with 3474.20. review of the risks posed by applicants. Promoting Free Speech and Religious 4. Reporting: (a) If you apply for a Under 2 CFR 3474.10, the Secretary may Liberty (E.O. 13798) and Improving Free grant under this competition, you must impose specific conditions and, in Inquiry, Transparency, and ensure that you have in place the appropriate circumstances, high-risk Accountability at Colleges and necessary processes and systems to conditions on a grant if the applicant or Universities (E.O. 13864) (2 CFR comply with the reporting requirements grantee is not financially stable; has a 200.300, 200.303, 200.339, and in 2 CFR part 170 should you receive history of unsatisfactory performance; 200.341); funding under the competition. This has a financial or other management (d) Providing a preference, to the does not apply if you have an exception system that does not meet the standards extent permitted by law, to maximize under 2 CFR 170.110(b). in 2 CFR part 200, subpart D; has not use of goods, products, and materials (b) At the end of your project period, fulfilled the conditions of a prior grant; produced in the United States (2 CFR you must submit a final performance or is otherwise not responsible. 200.322); and report, including financial information, 4. Integrity and Performance System: (e) Terminating agreements in whole as directed by the Secretary. If you If you are selected under this or in part to the greatest extent receive a multiyear award, you must competition to receive an award that authorized by law if an award no longer submit an annual performance report over the course of the project period effectuates the program goals or agency that provides the most current may exceed the simplified acquisition priorities (2 CFR 200.340). performance and financial expenditure threshold (currently $250,000), under 2 information as directed by the Secretary CFR 200.206(a)(2) we must make a VI. Award Administration Information under 34 CFR 75.118. The Secretary judgment about your integrity, business 1. Award Notices: If your application may also require more frequent ethics, and record of performance under is successful, we notify your U.S. performance reports under 34 CFR Federal awards—that is, the risk posed Representative and U.S. Senators and 75.720(c). For specific requirements on

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reporting, please go to www.ed.gov/ receiving Federal financial assistance 2021–SCC–0064. Comments submitted fund/grant/apply/appforms/ from the Department (34 CFR 100.4, in response to this notice should be appforms.html. 104.5, 106.4, 108.8, and 110.23). submitted electronically through the 5. Performance Measures: Under the VII. Other Information Federal eRulemaking Portal at http:// Government Performance and Results www.regulations.gov by selecting the Act of 1993 and 34 CFR 75.110, the Accessible Format: Individuals with Docket ID number or via postal mail, following performance measures will be disabilities can obtain this document commercial delivery, or hand delivery. used in assessing the performance of the and a copy of the application package in If the regulations.gov site is not ANNH Program: an accessible format. The Department available to the public for any reason, (a) The percentage change, over the will provide the requestor with an ED will temporarily accept comments at five-year period, of the number of full- accessible format that may include Rich [email protected]. Please include the time degree-seeking undergraduates Text Format (RTF) or text format (txt), docket ID number and the title of the enrolled at Alaska Native and Native a thumb drive, an MP3 file, Braille, large information collection request when Hawaiian-Serving Institutions (Note: print, audiotape, or compact disc, or requesting documents or submitting This is a long-term measure, which will other accessible format. comments. Please note that comments be used to periodically gauge Electronic Access to This Document: submitted by fax or email and those performance); The official version of this document is submitted after the comment period will (b) The percentage of first-time, full- the document published in the Federal not be accepted. Written requests for time degree-seeking undergraduate Register. You may access the official students at four-year Alaska Native and edition of the Federal Register and the information or comments submitted by Native Hawaiian-Serving Institutions Code of Federal Regulations at postal mail or delivery should be who were in their first year of www.govinfo.gov. At this site you can addressed to the PRA Coordinator of the postsecondary enrollment in the view this document, as well as all other Strategic Collections and Clearance previous year and are enrolled in the documents of this Department Governance and Strategy Division, U.S. current year at the same Alaska Native published in the Federal Register, in Department of Education, 400 Maryland and Native Hawaiian-Serving text or Portable Document Format Ave. SW, LBJ, Room 6W208D, Institution; (PDF). To use PDF you must have Washington, DC 20202–8240. (c) The percentage of first-time, full- Adobe Acrobat Reader, which is FOR FURTHER INFORMATION CONTACT: For time degree-seeking undergraduate available free at the site. specific questions related to collection students at two-year Alaska Native and You may also access documents of the activities, please contact Joanne Native Hawaiian-Serving Institutions Department published in the Federal Osborne, 202–401–1265. who were in their first year of Register by using the article search postsecondary enrollment in the feature at www.federalregister.gov. SUPPLEMENTARY INFORMATION: The previous year and are enrolled in the Specifically, through the advanced Department of Education (ED), in current year at the same Alaska Native feature at this site, you can limit your accordance with the Paperwork and Native Hawaiian-Serving search to documents published by the Reduction Act of 1995 (PRA) (44 U.S.C. Institution; Department. 3506(c)(2)(A)), provides the general (d) The percentage of first-time, full- public and Federal agencies with an time degree-seeking undergraduate Michelle Asha Cooper, opportunity to comment on proposed, students enrolled at four-year Alaska Acting Assistant Secretary for Postsecondary revised, and continuing collections of Education. Native and Native Hawaiian-Serving information. This helps the Department Institutions who graduate within six [FR Doc. 2021–08657 Filed 4–23–21; 8:45 am] assess the impact of its information years of enrollment; and BILLING CODE 4000–01–P collection requirements and minimize (e) The percentage of first-time, full- the public’s reporting burden. It also time degree-seeking undergraduate helps the public understand the students enrolled at two-year Alaska DEPARTMENT OF EDUCATION Department’s information collection Native and Native Hawaiian-Serving [Docket No.: ED–2021–SCC–0064] requirements and provide the requested Institutions who graduate within three data in the desired format. ED is years of enrollment. Agency Information Collection soliciting comments on the proposed 6. Continuation Awards: In making a Activities; Comment Request; Rural, information collection request (ICR) that continuation award under 34 CFR Insular, and Native Achievement is described below. The Department of 75.253, the Secretary considers, among Programs Progress Update Protocol other things: whether a grantee has Education is especially interested in made substantial progress in achieving AGENCY: Office of Elementary and public comment addressing the the goals and objectives of the project; Secondary Education (OESE), following issues: (1) Is this collection whether the grantee has expended funds Department of Education (ED). necessary to the proper functions of the in a manner that is consistent with its ACTION: Notice. Department; (2) will this information be approved application and budget; and, processed and used in a timely manner; if the Secretary has established SUMMARY: In accordance with the (3) is the estimate of burden accurate; performance measurement Paperwork Reduction Act of 1995, ED is (4) how might the Department enhance requirements, the performance targets in proposing a new information collection. the quality, utility, and clarity of the the grantee’s approved application. DATES: Interested persons are invited to information to be collected; and (5) how In making a continuation award, the submit comments on or before June 25, might the Department minimize the Secretary also considers whether the 2021. burden of this collection on the grantee is operating in compliance with ADDRESSES: To access and review all the respondents, including through the use the assurances in its approved documents related to the information of information technology. Please note application, including those applicable collection listed in this notice, please that written comments received in to Federal civil rights laws that prohibit use http://www.regulations.gov by response to this notice will be discrimination in programs or activities searching the Docket ID number ED– considered public records.

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Title of Collection: Rural, Insular, and application for market-based rate Dated: April 20, 2021. Native Achievement Programs Progress authority, with an accompanying rate Kimberly D. Bose, Update Protocol. tariff, noting that such application Secretary. OMB Control Number: 1810–NEW. includes a request for blanket [FR Doc. 2021–08605 Filed 4–23–21; 8:45 am] Type of Review: A new information authorization, under 18 CFR part 34, of BILLING CODE 6717–01–P collection. future issuances of securities and Respondents/Affected Public: State, assumptions of liability. Local, and Tribal Governments. Any person desiring to intervene or to DEPARTMENT OF ENERGY Total Estimated Number of Annual protest should file with the Federal Responses: 50. Energy Regulatory Commission, 888 Federal Energy Regulatory Total Estimated Number of Annual First Street NE, Washington, DC 20426, Commission Burden Hours: 50. in accordance with Rules 211 and 214 [Docket No. AD21–4–000] Abstract: This is a request for a new of the Commission’s Rules of Practice information collection. The Rural, and Procedure (18 CFR 385.211 and Review of Cost Submittals by Other Insular, and Native Achievement 385.214). Anyone filing a motion to Federal Agencies for Administering Programs (RINAP) administers Section intervene or protest must serve a copy Part I of the Federal Power Act; Notice 1121 of Title I, Part A of the Elementary of that document on the Applicant. Requesting Questions and Comments and Secondary Education (ESEA) Act; Notice is hereby given that the of Fiscal Year 2020 Other Federal Title II of Public Law 108–118 deadline for filing protests with regard Agency Cost Submissions (Supplemental Education Grant (SEG)), to the applicant’s request for blanket In its Order On Rehearing Coronavirus Aid, Relief, and Economic authorization, under 18 CFR part 34, of Consolidating Administrative Annual Security Act—Outlying Areas; Title III future issuances of securities and Charges Bill Appeals And Modifying of Coronavirus Response Relief assumptions of liability, is May 10, Annual Charges Billing Procedures, 109 Supplemental Appropriations— 2021. FERC ¶ 61,040 (2004) (October 8 Order), Outlying Areas, Sections 2005 and The Commission encourages electronic submission of protests and the Commission set forth an annual 11006(2–3) of the American Rescue Plan interventions in lieu of paper, using the process for Other Federal Agencies Act; Title V, Part B of the ESEA (Rural FERC Online links at http:// (OFAs) to submit their costs related to Education Achievement Program), Title www.ferc.gov. To facilitate electronic Administering Part I of the Federal VI, Part B of the ESEA (Native Hawaiian service, persons with internet access Power Act. Pursuant to the established Education); and Title VI, Part C of the who will eFile a document and/or be process, the Chief of Financial ESEA (Alaska Native Education). listed as a contact for an intervenor Operations, Financial Management Periodic progress updates, phone, must create and validate an Division, Office of the Executive virtual, or in-person conversations eRegistration account using the Director, on October 21, 2020, issued a during a fiscal year with authorized eRegistration link. Select the eFiling letter requesting the OFAs to submit representatives and project directors link to log on and submit the their costs by December 31, 2020 using help ensure grantees are making intervention or protests. the OFA Cost Submission Form. progress toward meeting program goals Persons unable to file electronically Upon receipt of the agency and objectives. The information shared may mail similar pleadings to the submissions, the Commission posted with RINAP helps inform the selection Federal Energy Regulatory Commission, the information in eLibrary, and issued, and delivery of technical assistance to 888 First Street NE, Washington, DC on March 11, 2021, a notice announcing grantees and aligns structures, 20426. Hand delivered submissions in the date for a technical conference to processes, and routines so RINAP can docketed proceedings should be review the submitted costs. On March monitor the connection between grant delivered to Health and Human 25, 2021 the Commission held the administration and intended outcomes. Services, 12225 Wilkins Avenue, technical conference. Technical Dated: April 21, 2021. Rockville, Maryland 20852. conference transcripts, submitted cost Kate Mullan, In addition to publishing the full text forms, and detailed supporting PRA Coordinator, Strategic Collections and of this document in the Federal documents are all available for review Clearance Governance and Strategy Division Register, the Commission provides all under Docket No. AD21–4. Office of Chief Data Officer, Office of interested persons an opportunity to The Commission provides all Planning, Evaluation and Policy view and/or print the contents of this interested persons an opportunity to Development. document via the internet through the view and/or print the contents of these [FR Doc. 2021–08638 Filed 4–23–21; 8:45 am] Commission’s Home Page (http:// documents via the internet through the BILLING CODE 4000–01–P www.ferc.gov) using the ‘‘eLibrary’’ link. Commission’s Home Page (http:// Enter the docket number excluding the ferc.gov) using the ‘‘eLibrary’’ link. last three digits in the docket number Enter the docket number excluding the DEPARTMENT OF ENERGY field to access the document. At this last three digits in the docket number time, the Commission has suspended field to access documents filed in this Federal Energy Regulatory access to the Commission’s Public proceeding. At this time, the Commission Reference Room, due to the Commission has suspended access to proclamation declaring a National the Commission’s Public Reference [Docket No. ER21–1682–000] Emergency concerning the Novel Room, due to the proclamation Elora Solar, LLC; Supplemental Notice Coronavirus Disease (COVID–19), issued declaring a National Emergency That Initial Market-Based Rate Filing by the President on March 13, 2020. For concerning the Novel Coronavirus Includes Request for Blanket Section assistance, contact the Federal Energy Disease (COVID–19), issued by the 204 Authorization Regulatory Commission at President on March 13, 2020. For [email protected] or call assistance, contact the Federal Energy This is a supplemental notice in the toll-free, (886) 208–3676 or TYY, (202) Regulatory Commission at above-referenced Elora Solar, LLC’s 502–8659. [email protected] or call

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toll-free, (886) 208–3676 or TYY, (202) comment date. Anyone filing a motion Applicants: Texas Eastern 502–8659. to intervene, or protest must serve a Transmission, LP. The Commission strongly encourages copy of that document on the Petitioner. Description: § 4(d) Rate Filing: electronic filings in lieu of paper using The Commission encourages Negotiated Rates—Conoco Amendments the ‘‘eFiling’’ link at http:// electronic submission of protests and 910882 & 910662 to be effective 11/1/ www.ferc.gov. Persons unable to file interventions in lieu of paper using the 2020. electronically may mail similar ‘‘eFiling’’ link at http://www.ferc.gov. Filed Date: 4/15/21. pleadings to the Federal Energy Persons unable to file electronically may Accession Number: 20210415–5238. Regulatory Commission, 888 First Street mail similar pleadings to the Federal Comments Due: 5 p.m. ET 4/27/21. NE, Washington, DC 20426. Hand Energy Regulatory Commission, 888 Docket Numbers: RP21–738–000. delivered submissions in docketed First Street NE, Washington, DC 20426. Applicants: El Paso Natural Gas proceedings should be delivered to Hand delivered submissions in Company, L.L.C. Health and Human Services, 12225 docketed proceedings should be Description: Compliance filing Wilkins Avenue, Rockville, Maryland delivered to Health and Human Penalty Crediting Report for 2020. 20852. Services, 12225 Wilkins Avenue, Filed Date: 4/15/21. Interested parties may file specific Rockville, Maryland 20852. Accession Number: 20210415–5245. questions and comments on the FY 2020 In addition to publishing the full text Comments Due: 5 p.m. ET 4/27/21. OFA cost submissions with the of this document in the Federal The filings are accessible in the Commission under Docket No. AD21–4, Register, the Commission provides all Commission’s eLibrary system (https:// no later than May 3, 2021. Once filed, interested persons an opportunity to elibrary.ferc.gov/idmws/search/ the Commission will forward the view and/or print the contents of this fercgensearch.asp) by querying the questions and comments to the OFAs document via the internet through the docket number. for response. Commission’s Home Page (http:// Any person desiring to intervene or Anyone with questions pertaining to ferc.gov) using the ‘‘eLibrary’’ link. protest in any of the above proceedings the technical conference or this notice Enter the docket number excluding the must file in accordance with Rules 211 should contact Raven A. Rodriguez at last three digits in the docket number and 214 of the Commission’s (202) 502–6276 (via email at field to access the document. At this Regulations (18 CFR 385.211 and [email protected]). time, the Commission has suspended 385.214) on or before 5:00 p.m. Eastern Dated: April 20, 2021. access to the Commission’s Public time on the specified comment date. Kimberly D. Bose, Reference Room, due to the Protests may be considered, but proclamation declaring a National Secretary. intervention is necessary to become a Emergency concerning the Novel [FR Doc. 2021–08612 Filed 4–23–21; 8:45 am] party to the proceeding. Coronavirus Disease (COVID–19), issued eFiling is encouraged. More detailed BILLING CODE 6717–01–P by the President on March 13, 2020. For information relating to filing assistance, contact the Federal Energy requirements, interventions, protests, Regulatory Commission at DEPARTMENT OF ENERGY service, and qualifying facilities filings [email protected] or call can be found at: http://www.ferc.gov/ Federal Energy Regulatory toll-free, (886) 208–3676 or TYY, (202) docs-filing/efiling/filing-req.pdf. For Commission 502–8659. other information, call (866) 208–3676 Comments: 5:00 p.m. Eastern Time on (toll free). For TTY, call (202) 502–8659. [Docket No. AC21–96–000] May 20, 2021. Dated: April 20, 2021. McKenzie Electric Cooperative, Inc.; Dated: April 20, 2021. Kimberly D. Bose, Notice of Petition for Waiver Kimberly D. Bose, Secretary. Secretary. Take notice that on April 19, 2021, [FR Doc. 2021–08610 Filed 4–23–21; 8:45 am] [FR Doc. 2021–08611 Filed 4–23–21; 8:45 am] McKenzie Electric Cooperative, Inc. BILLING CODE 6717–01–P (Petitioner), filed a petition for waiver of BILLING CODE 6717–01–P the Federal Energy Regulatory DEPARTMENT OF ENERGY Commission’s (Commission) DEPARTMENT OF ENERGY requirement to provide its FERC Form Federal Energy Regulatory No. 3–Qs for 2020 on the basis that no Federal Energy Regulatory Commission informational purpose would be served, Commission all as more fully explained in the Combined Notice of Filings #1 petition. Combined Notice of Filings Any person desiring to intervene or to Take notice that the Commission protest this filing must file in Take notice that the Commission has received the following electric corporate accordance with Rules 211 and 214 of received the following Natural Gas filings: the Commission’s Rules of Practice and Pipeline Rate and Refund Report filings: Docket Numbers: EC21–80–000. Procedure (18 CFR 385.211, 385.214). Docket Numbers: RP21–736–000. Applicants: Knighthead Capital Protests will be considered by the Applicants: WBI Energy Management, LLC, Homer City Commission in determining the Transmission, Inc. Generation, L.P. appropriate action to be taken but will Description: § 4(d) Rate Filing: 2021 Description: Application for not serve to make protestants parties to List of Non-Conforming Service Authorization Under Section 203 of the the proceeding. Any person wishing to Agreements to be effective 5/17/2021. Federal Power Act of Homer City become a party must file a notice of Filed Date: 4/15/21. Generation, L.P., et al. intervention or motion to intervene, as Accession Number: 20210415–5143. Filed Date: 4/20/21. appropriate. Such notices, motions, or Comments Due: 5 p.m. ET 4/27/21. Accession Number: 20210420–5059. protests must be filed on or before the Docket Numbers: RP21–737–000. Comments Due: 5 p.m. ET 5/11/21.

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Docket Numbers: EC21–81–000. Applicants: PJM Interconnection, service, and qualifying facilities filings Applicants: Coram California L.L.C. can be found at: http://www.ferc.gov/ Development, L.P. Description: § 205(d) Rate Filing: docs-filing/efiling/filing-req.pdf. For Description: Application for Amendment to Service Agreement No. other information, call (866) 208–3676 Authorization Under Section 203 of the 5548; Queue No. AC1–076/AE2–134 to (toll free). For TTY, call (202) 502–8659. Federal Power Act of Coram California be effective 12/16/2019. Dated: April 20, 2021. Development, L.P. Filed Date: 4/20/21. Kimberly D. Bose, Filed Date: 4/19/21. Accession Number: 20210420–5032. Secretary. Accession Number: 20210419–5320. Comments Due: 5 p.m. ET 5/11/21. Comments Due: 5 p.m. ET 5/10/21. [FR Doc. 2021–08609 Filed 4–23–21; 8:45 am] Docket Numbers: ER21–1716–000. BILLING CODE 6717–01–P Take notice that the Commission Applicants: BP Energy Retail LLC. received the following exempt Description: Baseline eTariff Filing: wholesale generator filings: Application for Market-Based Rate DEPARTMENT OF ENERGY Docket Numbers: EG21–128–000. Authority to be effective 6/20/2021. Applicants: Triple Butte LLC. Filed Date: 4/20/21. Federal Energy Regulatory Description: Self-Certification of Accession Number: 20210420–5039. Commission Exempt Wholesale Generator of Triple Comments Due: 5 p.m. ET 5/11/21. [Docket No. IC21–10–000] Butte LLC. Docket Numbers: ER21–1717–000. Filed Date: 4/19/21. Applicants: Duke Energy Florida, Commission Information Collection Accession Number: 20210419–5212. LLC. Activities (FERC–725F); Comment Comments Due: 5 p.m. ET 5/10/21. Description: § 205(d) Rate Filing: Request; Extension Take notice that the Commission DEF—Annual Update of Real Power AGENCY: Federal Energy Regulatory Loss Factors (2021) to be effective 5/1/ received the following electric rate Commission. filings: 2021. Filed Date: 4/20/21. ACTION: Notice of information collection Docket Numbers: ER21–1276–001. and request for comments. Applicants: Midcontinent Accession Number: 20210420–5055. Independent System Operator, Inc., Comments Due: 5 p.m. ET 5/11/21. SUMMARY: In compliance with the American Transmission Company LLC. Docket Numbers: ER21–1718–000. requirements of the Paperwork Description: Tariff Amendment: Applicants: Idaho Power Company. Reduction Act of 1995, the Federal 2021–04–20_SA 2793 ATC-City of Eagle Description: § 205(d) Rate Filing: Energy Regulatory Commission River Substitute 1st Rev CFA to be Goshen Substation Upgrades to be (Commission or FERC) is soliciting effective 5/5/2021. effective 3/9/2021. public comment on a renewal of Filed Date: 4/20/21. Filed Date: 4/20/21. currently approved information Accession Number: 20210420–5021. Accession Number: 20210420–5058. collection FERC 725F (Mandatory Comments Due: 5 p.m. ET 5/11/21. Comments Due: 5 p.m. ET 5/11/21. Reliability Standard for Nuclear Plant Docket Numbers: ER21–1277–001. Take notice that the Commission Interface Coordination), which will be Applicants: Midcontinent received the following PURPA submitted to the Office of Management Independent System Operator, Inc., 210(m)(3) filings: and Budget (OMB) for review. American Transmission Company LLC. Docket Numbers: QM21–19–000. DATES: Comments on the collection of Description: Tariff Amendment: Applicants: Otter Tail Power information are due May 26, 2021. _ 2021–04–20 SA 2794 ATC-City of Company. ADDRESSES: Send written comments on Gladstone Substitute 1st Rev CFA to be Description: Application of Otter Tail FERC–725F to OMB through effective 5/5/2021. Power Company to Terminate Its www.reginfo.gov/public/do/PRAMain. Filed Date: 4/20/21. Mandatory Purchase Obligation under Attention: Federal Energy Regulatory Accession Number: 20210420–5031. the Public Utility Regulatory Policies Commission Desk Officer. Please Comments Due: 5 p.m. ET 5/11/21. Act of 1978. identify the OMB Control Number Docket Numbers: ER21–1713–000. Filed Date: 4/19/21. (1902–0249) in the subject line of your Applicants: Midcontinent Accession Number: 20210419–5216. comments. Comments should be sent Independent System Operator, Inc. Comments Due: 5 p.m. ET 5/17/21. within 30 days of publication of this notice to www.reginfo.gov/public/do/ Description: § 205(d) Rate Filing: The filings are accessible in the _ PRAMain. 2021–04–19 Attachment X, App. 1 Commission’s eLibrary system (https:// Interconnection Request Requirement Please submit copies of your elibrary.ferc.gov/idmws/search/ comments to the Commission. You may Changes to be effective 6/19/2021. fercgensearch.asp) by querying the Filed Date: 4/19/21. submit copies of your comments docket number. (identified by Docket No. IC21–10–000) Accession Number: 20210419–5171. Any person desiring to intervene or Comments Due: 5 p.m. ET 5/10/21. by one of the following methods: protest in any of the above proceedings Electronic filing through http:// Docket Numbers: ER21–1714–000. must file in accordance with Rules 211 www.ferc.gov, is preferred. Applicants: PJM Interconnection, and 214 of the Commission’s • Electronic Filing: Documents must L.L.C. Regulations (18 CFR 385.211 and be filed in acceptable native Description: Tariff Cancellation: 385.214) on or before 5:00 p.m. Eastern applications and print-to-PDF, but not Notice of Cancellation ISA, Service time on the specified comment date. in scanned or picture format. Agreement No. 5557; Queue No. AE2– Protests may be considered, but • For those unable to file 057 to be effective 5/21/2021. intervention is necessary to become a electronically, comments may be filed Filed Date: 4/20/21. party to the proceeding. by USPS mail or by hand (including Accession Number: 20210420–5018. eFiling is encouraged. More detailed courier) delivery. Comments Due: 5 p.m. ET 5/11/21. information relating to filing Æ Mail via U.S. Postal Service Only: Docket Numbers: ER21–1715–000. requirements, interventions, protests, Addressed to: Federal Energy

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Regulatory Commission, Secretary of the Commission oversight, or the and operators, including licensees) and Commission, 888 First Street NE, Commission can independently enforce ‘‘transmission entities,’’ defined in the Washington, DC 20426. Reliability Standards.2 Reliability Standard as including a Æ Hand (including courier) Delivery: On February 3, 2006, the Commission nuclear plant’s suppliers of off-site Deliver to: Federal Energy Regulatory issued Order No. 672, implementing power and related transmission and Commission, 12225 Wilkins Avenue, section 215 of the FPA.3 Pursuant to distribution services. To account for the Rockville, MD 20852. Order No. 672, the Commission certified variations in nuclear plant design and Instructions: OMB submissions must one organization, North American grid interconnection characteristics, the be formatted and filed in accordance Electric Reliability Corporation (NERC), Reliability Standard defines with submission guidelines at as the ERO. The Reliability Standards transmission entities as ‘‘all entities that www.reginfo.gov/public/do/PRAMain. developed by the ERO and approved by are responsible for providing services Using the search function under the the Commission apply to users, owners related to Nuclear Plant Interface ‘‘Currently Under Review’’ field, select and operators of the Bulk-Power System Requirements (NPIRs),’’ and lists eleven Federal Energy Regulatory Commission; as set forth in each Reliability Standard. types of functional entities (heretofore click ‘‘submit,’’ and select ‘‘comment’’ On November 19, 2007, NERC filed its described as ‘‘transmission entities’’) to the right of the subject collection. petition for Commission approval of the that could provide services related to FERC submissions must be formatted Nuclear Plant Interface Coordination NPIRs.9 and filed in accordance with submission Reliability Standard, designated NUC– FERC–725F information collection guidelines at: http://www.ferc.gov. For 001–1. In Order No. 716, issued October requirements include establishing and user assistance, contact FERC Online 16, 2008, the Commission approved the maintaining interface agreements, Support by email at ferconlinesupport@ standard while also directing certain including record retention ferc.gov, or by phone at: (866) 208–3676 revisions.4 Revised Reliability Standard, requirements. These agreements are not (toll-free). NUC–001–2, was filed with the Docket: Users interested in receiving Commission by NERC in August 2009 filed with FERC, but with the automatic notification of activity in this and subsequently approved by the appropriate entities as established by docket or in viewing/downloading Commission January 21, 2010.5 On the Reliability Standard. comments and issuances in this docket November 4, 2014, in Docket No. RD14– In response to the Notice of may do so at https://www.ferc.gov/ferc- 13, the Commission approved revised Information Collection and Request for online/overview. Reliability Standard NUC–001–3.6 On Comments published in the Federal FOR FURTHER INFORMATION CONTACT: February 21, 2020 NERC filed a petition Register on February 16, 2021 (86 FR Ellen Brown may be reached by email to revise Reliability Standard NUC–001– 9499), the Commission received no at [email protected], telephone 3 to NUC–0001–4.7 comments on the 60-day Paperwork at (202) 502–8663. The purpose of Reliability Standard Reduction Act notice. SUPPLEMENTARY INFORMATION: NUC–001–4 is to require ‘‘coordination Type of Respondent: Nuclear Title: FERC 725F, Mandatory between nuclear plant generator operators, nuclear plants, transmission Reliability Standard for Nuclear Plant operators and transmission entities for entities. the purpose of ensuring nuclear plant Interface Coordination. Estimate of Annual Burden: 10 The safe operation and shutdown.’’ 8 OMB Control No.: 1902–0249. The Commission estimates the average Nuclear Reliability Standard applies to Type of Request: Three-year extension annual burden and cost 11 for this nuclear plant generator operators of the FERC–725F information information collection as follows. collection requirements with no changes (generally nuclear power plant owners to the current reporting requirements. 9 The list of functional entities consists of Abstract: The Commission requires 2 16 U.S.C. 824o(e)(3). transmission operators, transmission owners, the information collected by FERC–725F 3 Rules Concerning Certification of the Electric transmission planners, transmission service to implement the statutory provisions of Reliability Organization; and Procedures for the providers, balancing authorities, reliability Establishment, Approval, and Enforcement of coordinators, planning authorities, distribution section 215 of the Federal Power Act Electric Reliability Standards, Order No. 672, FERC providers, load-serving entities, generator owners, (FPA) (16 U.S.C. 824o). On August 8, Stats. & Regs. ¶ 31,204, order on reh’g, Order No. and generator operators. 2005, the Electricity Modernization Act 672–A, FERC Stats. & Regs. ¶ 31,212 (2006). 10 Burden is defined as the total time, effort, or of 2005, which is Title XII, Subtitle A, 4 Mandatory Reliability Standard for Nuclear financial resources expended by persons to Plant Interface Coordination, Order No. 716, 125 generate, maintain, retain, or disclose or provide of the Energy Policy Act of 2005 (EPAct FERC ¶ 61,065, at P 189 & n.90 (2008), order on 1 information to or for a Federal agency. Refer to 5 2005), was enacted into law. EPAct reh’g, Order No. 716–A, 126 FERC ¶ 61,122 (2009). CFR 1320.3 for additional information. 2005 added a new section 215 to the 5 North American Electric Reliability Corporation, 11 The wage and benefit figures are based on the FPA, which required a Commission- 130 FERC ¶ 61,051 (2010). When the revised Bureau of Labor Statistics (BLS) data (at https:// certified Electric Reliability Reliability Standard was approved, the Commission www.bls.gov/oes/current/naics2_22.htm) for May did not go to OMB for approval. It is assumed that Organization (ERO) to develop 2019 for Sector 22, Utilities. (The benefits figure is the changes made did not substantively affect the based on BLS data as of May 2020 http:// mandatory and enforceable Reliability information collection and therefore a formal www.bls.gov/news.release/ecec.nr0.htm).) The Standards, which are subject to submission to OMB was not needed. estimated hourly cost (for wages plus benefits) for Commission review and approval. Once 6 The Commission Letter Order is posted at reporting requirements is rounded to $85.41/hour, approved, the Reliability Standards may https://elibrary.ferc.gov/idmws/common/ based on the average for an electrical engineer OpenNat.asp?fileID=13675845. (occupation code 17–2071, $70.19/hour), legal be enforced by the ERO subject to 7 The NERC peition is available on FERC’s (occupation code 23–0000, $142.65/hour), and eLibrary system (https://elibrary.ferc.gov/eLibrary/ office and administrative staff (occupation code 43– 1 Energy Policy Act of 2005, Public Law 109–58, search) by searching in Docket Number RD21–4. 0000, $43.38/hour). The estimated hourly cost Title XII, Subtitle A, 119 Stat. 594, 941 (2005), 16 8 See Reliability Standard NUC–001–4 at http:// (wages plus benefits) for record keeping is $34.79/ U.S.C. 824o. www.nerc.com/files/NUC-001-4.pdf. hour for a file clerk (occupation code 43–4071).

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Annual number of Average burden hrs. & cost Total annual burden hrs. & Cost per FERC–725F (NUC–001–04) Number of respondents responses Total Number per response total annual cost respondent per of responses ($) (rounded) ($) (rounded) ($) (rounded) respondent

(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1)

New or Modifications to Ex- 57 nuclear plants + 114 2 342 66.67 hrs.; $5,694 ...... 22,801 hrs.; $1,947,433 .... $11,388 isting Agreements (Re- transmission entities 12. porting). New or Modifications to Ex- 57 nuclear plants + 114 2 342 6.67 hrs.; $232 ...... 2,281 hrs.; $79,356 ...... 464.07 isting Agreements transmission entities. (Record Keeping).

Total ...... 13 342 ...... 25,082 hrs.; 14 $2,026,789.

Comments: Comments are invited on: DEPARTMENT OF ENERGY in granitic bedrock, located 2,500 feet (1) Whether the collection of below the ground surface elevation of information is necessary for the proper Federal Energy Regulatory 1,095 feet msl, with a usable storage performance of the functions of the Commission capacity approximately the same as the Commission, including whether the [Project No. 15090–000] upper reservoir and operational water information will have practical utility; elevations between minus 1,410 feet msl (2) the accuracy of the agency’s estimate Energy Recycling Company, LLC; and minus 1,452.5 feet msl; (5) a 200- of the burden and cost of the collection Notice of Preliminary Permit foot-long, 70-foot-wide, 130-foot-high of information, including the validity of Application Accepted for Filing and powerhouse located 300 feet below the the methodology and assumptions used; Soliciting Comments, Motions To lower reservoir containing two reversible Francis pump/turbine-motor/ (3) ways to enhance the quality, utility Intervene, and Competing Applications generator units rated for 333 megawatts and clarity of the information collection; On February 8, 2021, Energy each; (6) a 240-foot-long, 50-foot-wide, and (4) ways to minimize the burden of Recycling Company, LLC, filed an 40-foot-high underground transformer the collection of information on those application for a preliminary permit, gallery; (7) a 200-foot-square above who are to respond, including the use pursuant to section 4(f) of the Federal ground substation; (8) a 1.5-mile-long, of automated collection techniques or Power Act, proposing to study the 345-kilovolt (kV) transmission line other forms of information technology. feasibility of the Bigstone Pumped extending from the substation to an Dated: April 20, 2021. Storage Project (Bigstone Project or existing 345-kV transmission line project) to be located near the City of Kimberly D. Bose, owned by others; and (9) appurtenant Milbank, Grant County, South Dakota. facilities. There would be no federal Secretary. The sole purpose of a preliminary land within the proposed project [FR Doc. 2021–08606 Filed 4–23–21; 8:45 am] permit, if issued, is to grant the permit boundary. The estimated annual BILLING CODE 6717–01–P holder priority to file a license generation of the Bigstone Project would application during the permit term. A be 1,450 gigawatt-hours. preliminary permit does not authorize Applicant Contact: Mr. Douglas the permit holder to perform any land- Spaulding, P.E., Nelson Energy, 8441 disturbing activities or otherwise enter Wayzata Blvd., Suite 101, Golden upon lands or waters owned by others Valley, MN 55426; phone: (952) 544– without the owners’ express permission. 8133. The proposed project is a closed loop FERC Contact: Sergiu Serban; phone: pumped storage project that would (202) 502–6211. consist of the following: (1) A 55-foot- Deadline for filing comments, motions high, 120-acre-area circular upper to intervene, competing applications reservoir constructed as a concrete-lined (without notices of intent), or notices of rockfill embankment with a total storage intent to file competing applications: 60 12 This figure of 120 transmission entities is based capacity of approximately 3,500 acre- days from the issuance of this notice. on the assumption that each agreement will be feet operating between a maximum Competing applications and notices of between 1 nuclear plant and 2 transmission entities water surface elevation of 1,145 feet intent must meet the requirements of 18 × (57 2 = 114). However, there is some double mean sea level (msl) and a minimum CFR 4.36. counting in this figure because some transmission water surface elevation of 1,095 feet The Commission strongly encourages entities may be party to multiple agreements with multiple nuclear plants. The double counting does msl; (2) a reinforced concrete ‘‘morning electronic filing. Please file comments, not affect the burden estimate, and the correct glory’’ type upper intake of circular motions to intervene, notices of intent, number of unique respondents will be reported to configuration with a maximum outside and competing applications using the OMB. diameter of approximately 100-feet and Commission’s eFiling system at http:// 13 The 171 respondents affected by the reporting an inside diameter of 18-feet; (3) a www.ferc.gov/docs-filing/efiling.asp. requirements are also affected by the recordkeeping 2,800-foot-long, 16-foot-diameter Commenters can submit brief comments requirements. vertical penstock excavated in granitic up to 6,000 characters, without prior 14 The reporting requirements have not changed. bedrock and steel-lined extending registration, using the eComment system The decrease in the number of respondents is due between the upper intake and the at http://www.ferc.gov/docs-filing/ to: (a) Normal fluctuations in industry (e.g., companies merging and splitting, and coming into pump/turbines below; (4) an ecomment.asp. You must include your and going out of business), and (b) no new underground eight concentric circular name and contact information at the end agreements being issued due to the lack of new tunnels lower reservoir with diameters of your comments. For assistance, nuclear plants being developed. from 5,400 feet to 4,200 feet excavated please contact FERC Online Support at

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[email protected], (866) 3,500 acre-foot lower, underground, Dated: April 20, 2021. 208–3676 (toll free), or (202) 502–8659 reservoir composed of eight, 115,000- Kimberly D. Bose, (TTY). In lieu of electronic filing, you foot-long, concentric tunnels varying in Secretary. may submit a paper copy. Submissions diameter from 4,200 feet to 5,400 feet, [FR Doc. 2021–08608 Filed 4–23–21; 8:45 am] sent via the U.S. Postal Service must be with a maximum water surface BILLING CODE 6717–01–P addressed to: Kimberly D. Bose, elevation of ¥1,425 feet msl; (3) a Secretary, Federal Energy Regulatory pumping plant and water supply Commission, 888 First Street NE, Room conduit connecting the upper reservoir ENVIRONMENTAL PROTECTION 1A, Washington, DC 20426. to the Llano River; (4) a 2,800-foot-long, AGENCY Submissions sent via any other carrier 16-foot-diameter underground, steel- must be addressed to: Kimberly D. Bose, lined penstock equipped with a [EPA–HQ–ORD–2020–0183; FRL–10022–91– Secretary, Federal Energy Regulatory bifurcation structure connecting the ORD] Commission, 12225 Wilkins Avenue, upper reservoir to the powerhouse; (5) Rockville, Maryland 20852. The first a 200-foot-long, 70-foot-wide, 130-foot- Availability of the Systematic Review page of any filing should include docket high underground powerhouse Protocol for the Vanadium and number P–15090–000. containing two, 333-megawatt (MW) Compounds (Oral Exposure) IRIS More information about this project, reversible pump-turbine units for a Assessment including a copy of the application, can combined capacity of 666 MW; (6) a AGENCY: Environmental Protection be viewed or printed on the ‘‘eLibrary’’ 500-foot-long, 345-kilovolt Agency (EPA). link of Commission’s website at http:// interconnection line leading from the ACTION: www.ferc.gov/docs-filing/elibrary.asp. powerhouse to an existing transmission Notice of public comment Enter the docket number (P–15090) in line; (7) a 200-foot-long, 200-foot-wide period. the docket number field to access the substation; and (8) appurtenant SUMMARY: The Environmental Protection document. For assistance, contact FERC facilities. The estimated annual Agency (EPA) is announcing a 30-day Online Support. generation of the Llano Project would be public comment period associated with Dated: April 20, 2021. 1,450 gigawatt-hours. release of the Systematic Review Kimberly D. Bose, Applicant Contact: Douglas Protocol for the Vanadium and Spaulding, 8441 Wayzata Blvd., Suite Secretary. Compounds (Oral Exposure) IRIS 101, Golden Valley, Minnesota 55426; Assessment. This document [FR Doc. 2021–08607 Filed 4–23–21; 8:45 am] phone: (952) 544–8133; email: doug@ BILLING CODE 6717–01–P communicates the rationale for nelsonenergy.us. conducting the oral assessment of FERC Contact: Navreet Deo; phone: vanadium and compounds, describes DEPARTMENT OF ENERGY (202) 502–6304; email: navreet.deo@ screening criteria to identify relevant ferc.gov. literature, outlines the approach for Federal Energy Regulatory Deadline for filing comments, motions evaluating study quality, and describes Commission to intervene, competing applications the methods for dose-response analysis. (without notices of intent), or notices of [Project No. 15105–000] DATES: The 30-day public comment intent to file competing applications: 60 period begins April 26, 2021 and ends Solia 9 Hydroelectric, LLC; Notice of days from the issuance of this notice. May 26, 2021. Comments must be Preliminary Permit Application Competing applications and notices of received on or before May 26, 2021. intent must meet the requirements of 18 Accepted for Filing and Soliciting ADDRESSES: CFR 4.36. The Systematic Review Comments, Motions To Intervene, and Protocol for the Vanadium and The Commission strongly encourages Competing Applications Compounds (Oral Exposure) IRIS electronic filing. Please file comments, Assessment will be available via the On March 1, 2021, Solia 9 motions to intervene, notices of intent, internet on the IRIS website at https:// Hydroelectric, LLC filed an application and competing applications using the www.epa.gov/iris and in the public for a preliminary permit, pursuant to Commission’s eFiling system at http:// docket at http://www.regulations.gov, section 4(f) of the Federal Power Act, www.ferc.gov/docs-filing/efiling.asp. Docket ID: EPA–HQ–ORD–2020–0183. proposing to study the feasibility of the Commenters can submit brief comments Llano County Pumped Storage Project up to 6,000 characters, without prior FOR FURTHER INFORMATION CONTACT: For No. 15105–000 (Llano County Project, or registration, using the eComment system information on the docket, contact the project), a closed-loop pumped storage at http://www.ferc.gov/docs-filing/ ORD Docket at the EPA Headquarters _ project to be located in Llano County, ecomment.asp. You must include your Docket Center; email: Docket ORD@ Texas. The sole purpose of a name and contact information at the end epa.gov. preliminary permit, if issued, is to grant of your comments. For assistance, For technical information on the the permit holder priority to file a please contact FERC Online Support at protocol, contact Mr. Dahnish Shams, license application during the permit [email protected], (866) Center for Public Health & term. A preliminary permit does not 208–3676 (toll free), or (202) 502–8659 Environmental Assessment; telephone authorize the permit holder to perform (TTY). (202) 564–2758,email: shams.dahnish@ any land-disturbing activities or More information about this project, epa.gov. otherwise enter upon lands or waters including a copy of the application, can SUPPLEMENTARY INFORMATION: owned by others without the owners’ be viewed or printed on the ‘‘eLibrary’’ express permission. link of Commission’s website at http:// I. Background Information on the IRIS The proposed pumped storage project www.ferc.gov/docs-filing/elibrary.asp. Program and Systematic Review would consist of the following: (1) A Enter the docket number (P–15105) in Protocols 3,500 acre-foot upper reservoir with a the docket number field to access the EPA’s IRIS Program is a human health maximum water surface elevation of document. For assistance, contact FERC assessment program that evaluates 2,400 feet mean sea level (msl); (2) a Online Support. quantitative and qualitative information

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on effects that may result from exposure closing date will be marked ‘‘late,’’ and EQUAL EMPLOYMENT OPPORTUNITY to chemicals found in the environment. may only be considered if time permits. COMMISSION Through the IRIS Program, EPA It is EPA’s policy to include all provides high quality science-based comments it receives in the public Agency Information Collection human health assessments to support docket without change and to make the Activities; Notice of Submission for the Agency’s regulatory activities and comments available online at https:// OMB Review; Comment Request decisions to protect public health. www.regulations.gov, including any AGENCY: Equal Employment As part of developing a draft IRIS personal information provided, unless a Opportunity Commission. assessment, EPA presents a methods comment includes information claimed document, referred to as the protocol, ACTION: Notice of information collection. to be Confidential Business Information for conducting a chemical-specific (CBI) or other information for which SUMMARY: In accordance with the systematic review of the available disclosure is restricted by statute. Do Paperwork Reduction Act of 1995, the scientific literature. EPA is seeking Equal Employment Opportunity public comment on components of the not submit information through https:// www.regulations.gov or email that you Commission gives notice of its intent to protocol including the described submit to the Office of Management and strategies for literature searches, criteria consider to be CBI or otherwise protected. The https:// Budget (OMB) a request for renewal of for study inclusion or exclusion, the information collection described www.regulations.gov website is an considerations for evaluating study below. methods, information management for ‘‘anonymous access’’ system, which extracting data, approaches for synthesis means EPA will not know your identity DATES: Written comments on this notice within and across lines of evidence, and or contact information unless you must be submitted on or before June 25, methods for derivation of toxicity provide it in the body of your comment. 2021. values. The protocol serves to inform If you send an email comment directly ADDRESSES: You may submit comments the subsequent development of the draft to EPA without going through https:// by any of the following methods— assessment and is made available to the www.regulations.gov, your email please use only one method: public. EPA may update the protocol address will be automatically captured Federal eRulemaking Portal: http:// www.regulations.gov. Follow the based on the evaluation of the literature, and included as part of the comment instructions online for submitting and any updates will be posted to the that is placed in the public docket and docket and on the IRIS website. comments. made available on the internet. If you Mail: Comments may be submitted by II. How To Submit Technical Comments submit an electronic comment, EPA mail to Rachel See, Acting Executive to the Docket at https:// recommends that you include your Officer, Executive Secretariat, Equal www.regulations.gov name and other contact information in Employment Opportunity Commission, Submit your comments, identified by the body of your comment and with any 131 M Street NE, Washington, DC Docket ID No. EPA–HQ–ORD–2020– disk or CD–ROM you submit. If EPA 20507. 0183 for vanadium and compounds cannot read your comment due to Fax: Comments totaling six or fewer (oral), by one of the following methods: technical difficulties and cannot contact pages may be sent by fax machine to • www.regulations.gov: Follow the you for clarification, EPA may not be (202) 663–4114. (This is not a toll-free on-line instructions for submitting able to consider your comment. number).) Receipt of fax transmittals comments. Electronic files should avoid the use of will not be acknowledged, except that • Email: [email protected]. special characters, any form of the sender may request confirmation of • Fax: 202–566–9744. Due to COVID– encryption, and be free of any defects or receipt by calling the Executive 19, there may be a delay in processing viruses. For additional information Secretariat staff at (202) 663–4070 comments submitted by fax. about EPA’s public docket, visit the EPA (voice) or (202) 663–4074 (TTD). (These • Mail: U.S. Environmental Docket Center homepage at https:// are not toll-free telephone numbers.) Instructions: All comments received Protection Agency, EPA Docket Center www.epa.gov/dockets. (ORD Docket), Mail Code: 28221T, 1200 will be posted without change to http:// Pennsylvania Avenue NW, Washington, Docket: Documents in the docket are www.regulations.gov, including any DC 20460. The phone number is 202– listed in the https:// personal information you provide, 566–1752. Due to COVID–19, there may www.regulations.gov index. Although except as noted below. However, EEOC be a delay in processing comments listed in the index, some information is reserves the right to refrain from posting submitted by mail. not publicly available, e.g., CBI or other comments, including those that contain For information on visiting the EPA information whose disclosure is obscene, indecent, or profane language; Docket Center Public Reading Room, restricted by statute. Certain other that contain threats or defamatory visit https://www.epa.gov/dockets. Due materials, such as copyrighted material, statements; that contain hate speech to public health concerns related to are publicly available only in hard copy. directed at race, color, sex, national COVID–19, the EPA Docket Center and Publicly available docket materials are origin, age, religion, disability, or Reading Room may be closed to the available either electronically in https:// genetic information; or that promote or public with limited exceptions. The www.regulations.gov or as a hard copy endorse services or products. telephone number for the Public at the ORD Docket in the EPA Although copies of comments Reading Room is 202–566–1744. The Headquarters Docket Center. received are usually also available for public can submit comments via review at the Commission’s library, www.Regulations.gov or email. Wayne Cascio, given the EEOC’s current 100% Instructions: Direct your comments to Director, Center for Public Health & telework status due to the Coronavirus EPA–HQ–ORD–2020–0183 for Environmental Assessment. Disease 2019 (COVID–19) public health vanadium and compounds (oral). Please [FR Doc. 2021–08559 Filed 4–23–21; 8:45 am] emergency, the Commission’s library is ensure that your comments are BILLING CODE 6560–50–P closed until further notice. Once the submitted within the specified comment Commission’s library is re-opened, period. Comments received after the copies of comments received in

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response to this notice will be made CFR part 1607, 41 CFR part 60–3, 28 the public sector,4 and referral unions.5 available for viewing by appointment CFR part 50, 5 CFR part 300. Employers with 15 or more employees only at 131 M Street NE, Suite 4NW08R, OMB Number: 3046–0017. represent approximately 15.3% of all Washington, DC 20507, between the Type of Respondent: Businesses or employers in the U.S. and employ about hours of 9:30 a.m. and 5 p.m. other institutions; Federal Government; 87.7% of all employees in the U.S.6 FOR FURTHER INFORMATION CONTACT: State or local governments and farms. This burden assessment is based on Kathleen Oram, Assistant Legal North American Industry an estimate of the number of job Counsel, at (202) 921–2665 or Classification System (NAICS) Code: applications submitted to all employers [email protected], or Savannah Multiple. in one year, including paper-based and Marion Felton, Senior Attorney, at (202) Standard Industrial Classification electronic applications. The total 921–2671 or Savannah.Felton@ Code (SIC): Multiple. number of job applications submitted eeoc.gov. Requests for this notice in an Description of Affected Public: Any every year to covered employers is alternative format should be made to the employer, Government contractor, labor estimated to be 1,989,375,182, based on organization, or employment agency an average of approximately 29 Office of Communications and 7 Legislative Affairs at (202) 663–4191 covered by the Federal equal applications for every hire and a (voice) or 1–800–669–6820 (TTY). employment opportunity laws. Bureau of Labor Statistics data estimate Respondents: 957,005. of 68,594,000 annual hires.8 This figure SUPPLEMENTARY INFORMATION: Responses: 2 957,005. also includes 149,182 applicants for Introduction Recordkeeping Hours: 16,578,127 per union membership reported on the year. EEO–3 form for 2018. The Equal Employment Opportunity Number of Forms: None. The employer burden associated with Commission (EEOC or Commission) Form Number: None. collecting and storing applicant gives notice of its intent to submit the Frequency of Report: None. demographic data is based on the recordkeeping requirements contained Abstract: The Uniform Guidelines following assumptions: Applicants in the Uniform Guidelines on Employee provide fundamental guidance for all would need to be asked to provide three Selection Procedures (UGESP or Title VII-covered employers about the pieces of information—sex, race/ Uniform Guidelines) 1 to the Office of use of employment selection ethnicity, and an identification number Management and Budget (OMB) for a procedures. The records addressed by (a total of approximately 13 keystrokes); three-year extension without change UGESP are used by respondents to the employer may need to transfer under the Paperwork Reduction Act of ensure that they are complying with information received to a database 1995 (PRA). Title VII and Executive Order 11246; by either manually or electronically Request for Comments the Federal agencies that enforce Title (although we believe it likely that many VII and Executive Order 11246 to employers utilize HR software that Pursuant to the Paperwork Reduction investigate, conciliate, and litigate handles employment applications as Act of 1995, 44 U.S.C. Chapter 35, and charges of employment discrimination; well as the rest of the employers HR OMB regulation 5 CFR 1320.8(d)(1), the and by complainants to establish needs); and the employer would need to EEOC invites public comments that will violations of Federal equal employment store the 13 characters of information enable the agency to: opportunity laws. While there is no data for each applicant. Recordkeeping costs (1) Evaluate whether the collection of available to quantify these benefits, the and burden are assumed to be the time information is necessary for the proper collection of accurate applicant flow cost associated with entering 13 performance of the functions of the data enhances each employer’s ability to keystrokes. agency, including whether the address any deficiencies in recruitment Assuming that the required information will have practical utility; and selection processes, including recordkeeping takes 30 seconds per (2) Evaluate the accuracy of the detecting barriers to equal employment agency’s estimate of the burden of the opportunity. Downloadable CSV data. Select U.S. & states, 6 digit collection of information, including the NAICS. The original number of employers was Burden Statement: There are no adjusted to only include those with 15 or more validity of the methodology and reporting requirements associated with employees. assumptions used; UGESP. The burden being estimated is 4 Source of original data: 2017 Census of (3) Enhance the quality, utility, and the cost of collecting and storing a job Governments: Employment. Individual Government clarity of the information to be Data File (https://www.census.gov/data/tables/ applicant’s gender, race, and ethnicity 2017/econ/apes/annual-apes.html/), Local collected; and data. Downloadable Data zip file ‘‘individual files’’. The (4) Minimize the burden of the The only paperwork burden derives original number of government entities was collection of information on those who from this recordkeeping. Only adjusted to only include those with 15 or more are to respond, including through the employees. employers covered under Title VII and 5 EEO–3 Reports filed by referral unions in 2018 use of appropriate automated, Executive Order 11246 are subject to with EEOC. electronic, mechanical, or other UGESP. However, for the purposes of 6 Source of original data: 2017 Economic Census. technological collection techniques or burden calculation, data for all (https://www.census.gov/content/census/en/data/ datasets/2017/econ/susb/2017-susb.html). Local other forms of information technology, 2 employers are counted. The number of Downloadable CSV data. Select U.S. & states, 6 digit to be collected; e.g., permitting employers with 15 or more employees is NAICS;2017 Census of Governments (https:// electronic submission of responses. estimated at 957,005 which combines www.census.gov/data/tables/2017/econ/apes/ estimates from private employment,3 annual-apes). Overview of Current Information 7 The average number of applications received per Collection job opening in 2018, according to the private career 2 In calculating burden, data from multiple advice website Zety. (https://zety.com/blog/hr- Collection Title: Recordkeeping sources are used. Some of these sources do not statistics). Requirements of the Uniform Guidelines allow us to identify only those employers who are 8 Bureau of Labor Statistics Job Openings and on Employee Selection Procedures, 29 covered by Title VII (employers with 15 or more Labor Turnover Survey, 2018 annual level data (Not employees). seasonally adjusted), (http://www.bls.gov/jlt/ 3 Source of original data: 2017 Economic Census. data.htm) is the source of the original data. The BLS 1 29 CFR, part 1607, 41 CFR part 60–3, 28 CFR (https://www.census.gov/content/census/en/data/ figure includes new hires in both the public and the part 50, 5 CFR part 300. datasets/2017/econ/susb/2017-susb.html). Local private sectors across all employer sizes.

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record, and assuming a total of For the Commission. advise the contact listed below as soon 1,989,375,182 paper and electronic Dated: April 20, 2021. as possible. applications per year (as calculated Charlotte A. Burrows, ADDRESSES: Direct all PRA comments to above), the resulting UGESP burden Chair. Nicole Ongele, FCC, via email PRA@ hours would be 16,578,127. Based on a [FR Doc. 2021–08549 Filed 4–23–21; 8:45 am] fcc.gov and to [email protected]. wage rate of $17.44 9 per hour for the BILLING CODE 6570–01–P FOR FURTHER INFORMATION CONTACT: For individuals entering the data, the additional information about the collection and storage of applicant information collection, contact Nicole demographic data would come to FEDERAL COMMUNICATIONS Ongele, (202) 418–2991. approximately $289,122,526 per year. COMMISSION OMB Control Number: 3060–1270. We expect that the foregoing Title: Protecting National Security [OMB 3060–1270; FRS 22452] assumptions are over-inclusive, because Through FCC Programs. many employers have electronic job Form Number: N/A. application processes that should be Information Collection Being Reviewed by the Federal Communications Type of Review: Revision of a able to capture applicant flow data currently approved information automatically. Commission collection. While the burden hours and costs for AGENCY: Federal Communications Respondents: Business or other for the UGESP recordkeeping requirement Commission. profit. seem very large, the average burden per ACTION: Number of Respondents and employer is relatively small. We Notice and request for estimate that UGESP applies to 957,005 comments. Responses: 3,500 respondents; 10,250 responses. employers, which is about 15.3% of all SUMMARY: As part of its continuing effort employers in the U.S, and who employ Estimated Time per Response: 0.5–12 to reduce paperwork burdens, and as hours. about 87.7% of all employees in the required by the Paperwork Reduction U.S. (86.5% of private employees and Frequency of Response: Annual, semi- Act of 1995 (PRA), the Federal annual and recordkeeping requirements. 95.9% of government employees).10 Communications Commission (FCC or Therefore, the estimated cost per Obligation to Respond: Mandatory Commission) invites the general public and required to obtain or retain benefits. covered employer is about $263.11 and other Federal agencies to take this Additionally, 35.0% of employees work Statutory authority for this information opportunity to comment on the collection is contained in 47 U.S.C. for firms with at least 5,000 following information collections. employees,12 and it is likely the burden 1603–1604. Comments are requested concerning: Total Annual Burden: 27,400 hours. of entry for these firms is transferred to Whether the proposed collection of the applicants via use of electronic Total Annual Cost: 1,125,000. information is necessary for the proper Privacy Act Impact Assessment: No application systems. UGESP also allows performance of the functions of the for simplified recordkeeping for impact(s). Commission, including whether the Nature and Extent of Confidentiality: employers with more than 15 but less information shall have practical utility; than 100 employees.13 The Commission is not requesting that the accuracy of the Commission’s respondents submit confidential burden estimate; ways to enhance the 9 Based on the 10th percentile hourly wage for information to the FCC. However, Human Resources Specialist in 2018 (https:// quality, utility, and clarity of the respondents may request confidential www.bls.gov/oes/2018/may/oes131071.htm). The information collected; ways to minimize treatment of their information under 47 10th percentile is slightly lower than the average the burden of the collection of CFR 0.459 of the Commission’s rules. salary for an entry-level Human Resources information on the respondents, Specialist (https://www.ziprecruiter.com/Salaries/ Needs and Uses: The Commission Entry-Level-Human-Resources-Specialist-Salary). including the use of automated will submit this information collection 10 Source for private employees: 2017 Economic collection techniques or other forms of to the Office of Management and Budget Census. (https://www.census.gov/content/census/ information technology; and ways to (OMB) as a revision during this en/data/datasets/2017/econ/susb/2017-susb.html). further reduce the information Local Downloadable CSV data. Select U.S. & states, comment period to obtain the full three 6 digit NAICS. Source for public employees: 2017 collection burden on small business year clearance from OMB. Under this Census of Governments (https://www.census.gov/ concerns with fewer than 25 employees. information collection, the data/tables/2017/econ/apes/annual-apes). The FCC may not conduct or sponsor a Communications Act of 1934, as 11 This assumes that the new hires in 2018 were collection of information unless it amended, requires the ‘‘preservation distributed equally across firm and agency sizes. In displays a currently valid Office of 2018, 64,286,000 new hires were in the private and advancement of universal service.’’ sector 86.5% of which would be 55,575,000 new Management and Budget (OMB) control 47 U.S.C. 254(b). The information hires estimated for firms with at least 15 employees. number. No person shall be subject to collection requirements reported under Similarly, 4,310,000 new hires were in the public any penalty for failing to comply with sector. 95.9% of which would be 4,133,000 new this collection are the result of the hires into governments with at least 15 employees. a collection of information subject to the Federal Communications Commission’s This totals approximately 59,708,000 new hires in PRA that does not display a valid OMB (the Commission) actions to promote the Title VII locations. The remainder of the burden control number. Act’s universal service goals. hour calculations remain the same. DATES: Written PRA comments should 12 Source for private employees: 2017 Economic On November 22, 2019, the Census. (https://www.census.gov/content/census/ be submitted on or before June 25, 2021. Commission adopted the Protecting en/data/datasets/2017/econ/susb/2017-susb.html). If you anticipate that you will be Against National Security Threats to the 13 See 29 CFR 1607.15A(1): Simplified submitting comments, but find it Communications Supply Chain Through recordkeeping for users with less than 100 difficult to do so within the period of FCC Programs, WC Docket No. 18–89, employees. In order to minimize recordkeeping burdens on employers who employ one hundred time allowed by this notice, you should Report and Order, Order, and Further (100) or fewer employees, and other users not Notice of Proposed Rulemaking, 34 FCC required to file EEO–1, et seq., reports, such users where appropriate by race and national origin; (b) Rcd 11423 (2019) (Report and Order). may satisfy the requirements of this section 15 if The number of applicants for hire and promotion they maintain and have available records showing, by sex and where appropriate by race and national The Report and Order prohibits future for each year: (a) The number of persons hired, origin; and (c) The selection procedures utilized use of Universal Service Fund (USF) promoted, and terminated for each job, by sex, and (either standardized or not standardized). monies to purchase, maintain, improve,

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modify, obtain, or otherwise support On December 27, 2020, the President DEPARTMENT OF HEALTH AND any equipment or services produced or signed into law the Consolidated HUMAN SERVICES provided by a company that poses a Appropriations Act, 2021, appropriating national security threat to the integrity $1.9 billion to ‘‘carry out’’ the Centers for Disease Control and of communications networks or the Reimbursement Program and amending Prevention communications supply chain. the Reimbursement Program eligibility On March 12, 2020, the President requirements to expand eligibility to Disease, Disability, and Injury signed into law the Secure and Trusted include providers of advanced Prevention and Control Special Communications Networks Act of 2019 communications service with 10 million Emphasis Panel (SEP)—TS21–001, (Secure Networks Act), Public Law 116– or fewer subscribers. See Public Law Identify and Evaluate Potential Risk 124, 133 Stat. 158 (2020) (codified as 116–260, Division N-Additional Factors for Amyotrophic Lateral amended at 47 U.S.C. 1601–1609), Coronavirus Response and Relief, Title Sclerosis (ALS); Amended Notice of which among other measures, directs IX-Broadband internet Access Service, Meeting the FCC to establish the Secure and sections 901, 906, 134 Stat. 1182 (2020). Trusted Communications Networks The Commission has interpreted the Notice is hereby given of a change in Reimbursement Program term ‘‘provider of advanced the meeting of the Disease, Disability, (Reimbursement Program). This communications service’’ to mean and Injury Prevention and Control program is intended to provide funding ‘‘facilities-based providers, whether Special Emphasis Panel (SEP)—TS21– to providers of advanced fixed or mobile, with a broadband 001, Identify and Evaluate Potential communications service for the connection to end users with at least Risk Factors for Amyotrophic Lateral removal, replacement and disposal of 200 kbps in one direction.’’ Second certain communications equipment and Report and Order, 35 FCC Rcd at 14332, Sclerosis (ALS); June 10, 2021, 10:00 services that poses an unacceptable para. 111. Participation in the a.m.–5:00 p.m., EDT, in the original national security risk (i.e., covered Reimbursement Program is voluntary FRN. The web conference meeting was equipment and services) from their but compliance with the new published in the Federal Register on networks. The Commission has information collection requirements is February 1, 2021, Volume 86, Number designated two entities—Huawei required to obtain Reimbursement 19, pages 7725–7726. Technologies Company (Huawei) and Program support. The meeting is being amended to ZTE Corporation (ZTE), along with their The Secure Networks Act requires all change the meeting time and should affiliates, subsidiaries, and parents—as providers of advanced communications read as follows: covered companies posing such a service to annually report, with national security threat. See Protecting exception, on whether they have Date: June 10, 2021. Against National Security Threats to the purchased, rented, leased or otherwise Time: 8:30 a.m.–5:00 p.m., EDT. Communications Supply Chain Through obtained covered communications Place: Web Conference. FCC Programs—Huawei Designation, PS equipment or service on or after certain Docket No. 19–351, Memorandum dates. 47 U.S.C. 1603(d)(2)(B). The The meeting is closed to the public. Opinion and Order, 35 FCC Rcd 14435 Second Report and Order adopted a FOR FURTHER INFORMATION CONTACT: (2020); Protecting Against National new information collection requirement Mikel Walters, Ph.D., Scientific Review Security Threats to the Communications to implement this statutory mandate. Officer, National Center for Injury Supply Chain Through FCC Programs— See Secure Networks Act section 5. If Prevention and Control, CDC, 4770 ZTE Designation, PS Docket No. 19–352, the provider certifies it does not have Buford Highway, NE, Mailstop F–63, Memorandum Opinion and Order, DA any covered equipment and services, Atlanta, Georgia 30341–3717, 20–1399 (PSHSB rel. Nov. 24, 2020). then the provider is not required to On December 10, 2020, the Telephone: (404) 639–0913, MWalters@ subsequently file an annual report, cdc.gov. Commission adopted the Second Report unless it later obtains covered and Order implementing the Secure equipment and services. Second Report The Director, Strategic Business Networks Act, which contained certain and Order at para. 215. Initiatives Unit, Office of the Chief new information collection This submission is for new Operating Officer, Centers for Disease requirements. See Protecting Against information collection requirements Control and Prevention, has been National Security Threats to the contained in the Second Report and delegated the authority to sign Federal Communications Supply Chain Through Order adopted by the Commission on Register notices pertaining to FCC Programs, WC Docket No. 18–89, December 10, 2020. The new announcements of meetings and other Second Report and Order, 35 FCC Rcd requirements are necessary for the committee management activities, for 14284 (2020) (Second Report and creation of a $1.9 billion reimbursement both the Centers for Disease Control and Order). These requirements will allow program, as directed by Congress in the Prevention and the Agency for Toxic the Commission to receive, review and Secure Networks Act, as amended. This Substances and Disease Registry. make eligibility determinations and submission also covers a related funding decisions on applications to information collection requirement Kalwant Smagh, participate in the Reimbursement necessitated by the Secure Networks Act Director, Strategic Business Initiatives Unit, Program that are filed by certain and/or the Second Report and Order Office of the Chief Operating Officer, Centers providers of advanced communications and proposes to eliminate a previously for Disease Control and Prevention. service. These new information approved information collection [FR Doc. 2021–08550 Filed 4–23–21; 8:45 am] collection requirements will also assist requirement that is no longer necessary. BILLING CODE 4163–18–P the Commission in processing funding disbursement requests and in Federal Communications Commission. monitoring and furthering compliance Marlene Dortch, with applicable program requirements Secretary. Office of the Secretary. to protect against waste, fraud, and [FR Doc. 2021–08546 Filed 4–23–21; 8:45 am] abuse. BILLING CODE 6712–01–P

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DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: Under the state, and regional response, especially HUMAN SERVICES Paperwork Reduction Act of 1995 (PRA) to acute and/or widespread multi-state (44 U.S.C. 3501–3520), Federal agencies outbreaks. Centers for Disease Control and must obtain approval from the Office of This data collection effort, an Prevention Management and Budget (OMB) for each essential component toward reducing the opioid crisis, is one of the top [60Day–21–1268; Docket No. CDC–2021– collection of information they conduct 0043] or sponsor. In addition, the PRA also priorities for HHS. Drug Overdose requires Federal agencies to provide a Surveillance and Epidemiology (DOSE) Proposed Data Collection Submitted 60-day notice in the Federal Register data is critical to our ability to rapidly for Public Comment and concerning each proposed collection of identify outbreaks and provide Recommendations information, including each new situational awareness of changes in proposed collection, each proposed emergency department (ED) visits AGENCY: Centers for Disease Control and extension of existing collection of involving suspected drug, opioid, Prevention (CDC), Department of Health information, and each reinstatement of heroin and stimulant overdoses at the and Human Services (HHS). previously approved information local, state, and regional level. This will ACTION: Notice with comment period. collection before submitting the be accomplished by standardizing and collection to the OMB for approval. To enhancing the sharing of existing ED SUMMARY: The Centers for Disease data collected by 52 health departments Control and Prevention (CDC), as part of comply with this requirement, we are publishing this notice of a proposed (all 50 state health departments, the its continuing effort to reduce public health department of Puerto Rico, and burden and maximize the utility of data collection as described below. The OMB is particularly interested in the health department of the District of government information, invites the comments that will help: Columbia) with CDC. In addition, CDC general public and other Federal 1. Evaluate whether the proposed leadership communicates with HHS on agencies the opportunity to comment on collection of information is necessary an ongoing basis, and this data is part a proposed and/or continuing for the proper performance of the of its request to better monitor, plan, information collection, as required by functions of the agency, including and implement programs to prevent the Paperwork Reduction Act of 1995. whether the information will have overdose and reduce subsequent harm. This notice invites comment on a practical utility; DOSE proposes to fund 52 health proposed information collection project 2. Evaluate the accuracy of the departments (50 state health titled ‘‘Drug Overdose Surveillance and agency’s estimate of the burden of the departments, the health department of Epidemiology’’. This information proposed collection of information, Puerto Rico and the health department collection is designed to improve local, including the validity of the of the District of Columbia) to rapidly state, and regional situational awareness methodology and assumptions used; share existing ED data on counts of ED of drug, opioid, heroin, and stimulant 3. Enhance the quality, utility, and visits involving suspected drug, opioid, overdose trends and respond to acute clarity of the information to be heroin, and stimulant overdoses using local and multi-state drug outbreaks. collected; two standard data forms (i.e., the Rapid DATES: CDC must receive written 4. Minimize the burden of the ED overdose data form and the ED comments on or before June 25, 2021. collection of information on those who discharge overdose data form), and ADDRESSES: You may submit comments, are to respond, including through the standard CDC case definitions. identified by Docket No. CDC–2021– use of appropriate automated, The system will leverage ED 0043 by any of the following methods: electronic, mechanical, or other syndromic data and hospital discharge • Federal eRulemaking Portal: technological collection techniques or data on ED visits already routinely Regulations.gov. Follow the instructions other forms of information technology, collected by state and territorial health for submitting comments. e.g., permitting electronic submissions departments. No new data will be • Mail: Jeffrey M. Zirger, Information of responses; and systematically collected from EDs, and Collection Review Office, Centers for 5. Assess information collection costs. health departments will be reimbursed by CDC for the burden related to sharing Disease Control and Prevention, 1600 Proposed Project Clifton Road NE, MS–D74, Atlanta, ED data with CDC. Fifty-two funded Georgia 30329. Drug Overdose Surveillance and health departments (50 state health Instructions: All submissions received Epidemiology (DOSE) (OMB Control No. departments, Puerto Rico, and the must include the agency name and 0920–1268, Exp. 8/31/2022)— District of Columbia) will rapidly share Docket Number. CDC will post, without Extension—National Center for Injury existing ED data with CDC on a monthly change, all relevant comments to Prevention and Control (NCIPC), basis using the Rapid ED overdose data Regulations.gov. Centers for Disease Control and form and standard CDC case definitions. Prevention (CDC). Although data may come from different Please note: Submit all comments through local ED data systems, it is expected to the Federal eRulemaking portal Background and Brief Description cover at least 75% of ED visits in the (regulations.gov) or by U.S. mail to the The rapid increase in opioid overdose address listed above. jurisdiction (e.g., state). deaths since 2013, numerous severe CDC will require all participating FOR FURTHER INFORMATION CONTACT: To fentanyl and fentanyl analog outbreaks health departments to provide counts of request more information on the occurring since 2015 across the United ED visits involving suspected drug, proposed project or to obtain a copy of States, and the declaration of the opioid opioid, heroin, and stimulant overdoses the information collection plan and overdose epidemic as a national public by county, age group, sex, and time (i.e., instruments, contact Jeffrey M. Zirger, health emergency on October 26, 2017 month and year) in a standardized Information Collection Review Office, have highlighted the urgent need to manner, using the Rapid ED overdose Centers for Disease Control and rapidly establish and enhance timely data form, which is an Excel data Prevention, 1600 Clifton Road NE, MS– surveillance of suspected drug, opioid, template. This form also collects data D74, Atlanta, Georgia 30329; phone: heroin, and stimulant overdoses. These quality indicators such as percentage of 404–639–7118; Email: [email protected]. data are critical to inform timely local, ED visits missing data on key variables

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(i.e., metadata). In order to assess and county, age group, sex, and time (i.e., data form, and standard CDC case improve rapid ED data sharing, all 52 month and year), from more finalized definitions. The total estimated annual participating health departments will hospital discharge files. The data will be burden hours are 1,272. There are no also be asked to share counts of ED shared with CDC on a quarterly or costs to the respondents other than their visits involving suspected drug, opioid, yearly basis using a standardized Excel time. heroin and stimulant overdoses by data form, the ED discharge overdose

ESTIMATED ANNUALIZED BURDEN HOURS

Total number Average Number of of responses burden per Total annual Type of respondent Form name respondents per response burden respondent (hours) (hours)

Participating health departments Rapid ED overdose data form ...... 19 12 3 684 sharing aggregate data from local syndromic or hospital discharge file. Participating health departments Rapid ED overdose data form ...... 33 12 30/60 198 sharing case-level ED data with CDC through the NSSP BioSense (OMB #0920–0824) *. Participating health department shar- ED discharge overdose data form ... 26 4 3 312 ing finalized hospital discharge data on a quarterly basis. Participating health department shar- ED discharge overdose data form ... 26 1 3 78 ing finalized hospital discharge data on a yearly basis.

Jeffrey M. Zirger, RFA–OH–20–007, National Center of DEPARTMENT OF HEALTH AND Lead, Information Collection Review Office, Excellence for the Prevention of HUMAN SERVICES Office of Scientific Integrity, Office of Science, Childhood Agricultural Injury. Centers for Disease Control and Prevention. Centers for Disease Control and Date: June 8, 2021. [FR Doc. 2021–08576 Filed 4–23–21; 8:45 am] Prevention Time: 1:00 p.m.–3:00 p.m., EDT. BILLING CODE 4163–18–P [60Day–21–21EL; Docket No. CDC–2021– Place: Video-Assisted Meeting. 0041] Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND Proposed Data Collection Submitted applications. HUMAN SERVICES for Public Comment and FOR FURTHER INFORMATION CONTACT: Dan Recommendations Centers for Disease Control and Hartley, Ed.D., Scientific Review Prevention AGENCY: Centers for Disease Control and Officer, Office of Extramural Programs, Prevention (CDC), Department of Health Notice of Closed Meeting National Institute for Occupational and Human Services (HHS). Safety and Health, CDC, 1095 ACTION: Notice with comment period. Pursuant to section 10(d) of the Willowdale Road, Morgantown, West Federal Advisory Committee Act, as Virginia 26505, Telephone: (304) 285– SUMMARY: The Centers for Disease amended, notice is hereby given of the 5812; [email protected]. Control and Prevention (CDC), as part of following meeting. The Director, Strategic Business its continuing effort to reduce public The meeting will be closed to the Initiatives Unit, Office of the Chief burden and maximize the utility of government information, invites the public in accordance with the Operating Officer, Centers for Disease general public and other Federal provisions set forth in sections Control and Prevention, has been agencies the opportunity to comment on 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., delegated the authority to sign Federal as amended, and the Determination of a proposed and/or continuing Register notices pertaining to the Director, Strategic Business information collection, as required by announcements of meetings and other Initiatives Unit, Office of the Chief the Paperwork Reduction Act of 1995. committee management activities, for Operating Officer, CDC, pursuant to This notice invites comment on a Public Law 92–463. The grant both the Centers for Disease Control and proposed information collection project applications and the discussions could Prevention and the Agency for Toxic titled National Learning Community for disclose confidential trade secrets or Substances and Disease Registry. HIV CBO Leadership Evaluation. The purpose of this data collection is to commercial property such as patentable Kalwant Smagh, evaluate the National Learning material, and personal information Director, Strategic Business Initiatives Unit, concerning individuals associated with Community for HIV CBO Leadership Office of the Chief Operating Officer, Centers which is a component of cooperative the grant applications, the disclosure of for Disease Control and Prevention. agreement CDC–RFA–PS19–1904: which would constitute a clearly [FR Doc. 2021–08551 Filed 4–23–21; 8:45 am] unwarranted invasion of personal Capacity Building Assistance (CBA) for privacy. BILLING CODE 4163–18–P High Impact HIV Prevention Program Name of Committee: Disease, Integration. Disability, and Injury Prevention and DATES: CDC must receive written Control Special Emphasis Panel (SEP)– comments on or before June 25, 2021.

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ADDRESSES: You may submit comments, are to respond, including the use of collect data through the use of a identified by Docket No. CDC–2021– appropriate automated, electronic, Registration Form, a Post-Participation 0041 by any of the following methods: mechanical, or other technological Survey, and a Post-Participation Semi- • Federal eRulemaking Portal: collection techniques or other forms of Structured Interview that will be Regulations.gov. Follow the instructions information technology, e.g., permitting administered to participants of the for submitting comments. electronic submissions of responses; Learning Community. • Mail: Jeffrey M. Zirger, Information and The Learning Community participants Collection Review Office, Centers for 5. Assess information collection costs. will complete the Registration Form as Disease Control and Prevention, 1600 Proposed Project part of the process for enrollment. The Clifton Road NE, MS–D74, Atlanta, National Learning Community for HIV Learning Community Registration Form Georgia 30329. collects demographic information about Instructions: All submissions received CBO Leadership Evaluation—New— participants including: (1) Business must include the agency name and National Center for HIV/AIDS, Viral contact information (e.g., email and Docket Number. CDC will post, without Hepatitis, STD, and TB Prevention telephone number, job title); (2) basic change, all relevant comments to (NCHHSTP), Centers for Disease Control demographics on race, ethnicity, gender, Regulations.gov. and Prevention (CDC). sexual orientation, and employment Please note: Submit all comments through Background and Brief Description setting; (3) programmatic and the Federal eRulemaking portal The Centers for Disease Control and population areas of focus; and (4) work (regulations.gov) or by U.S. mail to the Prevention (CDC) partners with the experience as a manager or address listed above. national HIV prevention workforce to; organizational lead. After participating FOR FURTHER INFORMATION CONTACT: To (1) Ensure that persons with HIV (PWH) in the foundational courses and other request more information on the are aware of their infection and course offerings over a 12-week period, proposed project or to obtain a copy of successfully linked to medical care and participants are invited to complete the the information collection plan and treatment to achieve viral suppression, Post-Participation Survey. The Post- instruments, contact Jeffrey M. Zirger, and (2) expand access to pre-exposure Participation Survey is designed to elicit Information Collection Review Office, prophylaxis (PrEP), condoms, and other information from participants about Centers for Disease Control and proven strategies for persons at risk of their experiences and feedback Prevention, 1600 Clifton Road NE, MS– becoming infected. CDC funds state and regarding the content of the courses and D74, Atlanta, Georgia 30329; phone: local health departments and the delivery of the course material and 404–639–7118; Email: [email protected]. community-based organizations (CBOs) other services (management coaching SUPPLEMENTARY INFORMATION: Under the to optimally plan, integrate, implement, services are also being offered). Paperwork Reduction Act of 1995 (PRA) and sustain comprehensive HIV Also, part of the offering of the (44 U.S.C. 3501–3520), Federal agencies prevention programs and services for Learning Community is a six-week must obtain approval from the Office of people with and at greatest risk of HIV Problem-Solving Intensive that is Management and Budget (OMB) for each infection, including blacks/African designed to help managers work collection of information they conduct Americans; Hispanics/Latinos; all races/ through specific managerial problems or sponsor. In addition, the PRA also ethnicities of gay, bisexual, and other using the tenants of human-centered requires Federal agencies to provide a men who have sex with men (MSM); design. At the end of the Intensive, 60-day notice in the Federal Register people who inject drugs (PWID); and participants will be invited to concerning each proposed collection of transgender persons. participate in a Semi-Structured information, including each new Through the CDC cooperative Interview by Zoom where they will proposed collection, each proposed agreement program entitled CDC–RFA– discuss their experiences and feedback extension of existing collection of PS19–1904: Capacity Building on the Intensive. The Registration Form, information, and each reinstatement of Assistance (CBA) for High Impact HIV Post-Participation Survey, and Post- previously approved information Prevention Program Integration, the Participation Semi-Structured Interview collection before submitting the CDC Division of HIV/AIDS Prevention for those participating in the Intensive collection to the OMB for approval. To (DHAP) funds the CBA Provider will be administered to CBO staff who comply with this requirement, we are Network (CPN) to deliver CBA to CDC- participate in these respective Learning publishing this notice of a proposed funded health departments and CBOs. Community activities. Respondents will data collection as described below. As part of that funding, the CDC has provide information electronically The OMB is particularly interested in funded the Asian & Pacific Islander through the online Registration Form comments that will help: American Health Forum (APIAHF) to and Post-Participation Survey. The 1. Evaluate whether the proposed provide community-based organization number of respondents is calculated collection of information is necessary (CBO) midlevel and senior leadership based on an expected number of CBO for the proper performance of the state-of-the-art trainings on how to managers at CDC directly funded functions of the agency, including improve their management of people, organizations given the previous whether the information will have programs, and organizations to number of organizations funded by practical utility; optimally provide HIV prevention, CDC. We estimate 270 CBO managers 2. Evaluate the accuracy of the treatment, and/or care services. A key will complete the Registration Form and agency’s estimate of the burden of the foundational course for all who enroll in the Post-Participation Survey, and 135 proposed collection of information, the Learning Community is a will provide responses to the Semi- including the validity of the comprehensive overview of the national Structured Interview, annually. methodology and assumptions used; strategy on ending the HIV epidemic. 3. Enhance the quality, utility, and This information collection evaluates The information collected will allow clarity of the information to be the Learning Community. Specifically, APIAHF to: collected; CDC and APIAHF are requesting the (1) Identify and respond to program 4. Minimize the burden of the Office of Management and Budget performance issues identified through collection of information on those who (OMB) to grant a three-year approval to feedback from participants;

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(2) Identify potentially new courses other state, and local agencies, and other capacity building data. The total that may be of some use to HIV CBO stakeholders seeking information about annualized burden is 89 hours. There leadership; the services delivered in the Learning are no other costs to respondents other (3) Provide a timely and accurate Community. than their time. aggregated accounting of patterns of No other federal agency collects these usage and enrollment trends to CDC and types of national HIV prevention

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Total burden Type of respondent Form name respondents responses per response (in hr.) respondent (in hr.)

CBO Managers ...... Registration Form ...... 270 1 3/60 14 CBO Managers ...... Post Participation Survey ...... 270 1 9/60 41 CBO Managers ...... Semi-Structured Zoom Interview ..... 135 1 15/60 34

Total ...... 89

Jeffrey M. Zirger, proposed collection of information, Background and Brief Description Lead, Information Collection Review Office, including the validity of the Stroke is the fifth leading cause of Office of Scientific Integrity, Office of Science, methodology and assumptions used; Centers for Disease Control and Prevention. death in the United States, and results (c) Enhance the quality, utility, and in approximately 145,000 deaths per [FR Doc. 2021–08578 Filed 4–23–21; 8:45 am] clarity of the information to be year. However, many strokes are BILLING CODE 4163–18–P collected; preventable, or patient outcomes post- (d) Minimize the burden of the stroke can be improved through DEPARTMENT OF HEALTH AND collection of information on those who coordinated care that begins at stroke HUMAN SERVICES are to respond, including, through the onset, and is delivered in a timely use of appropriate automated, manner. Centers for Disease Control and electronic, mechanical, or other Through the Paul Coverdell National Prevention technological collection techniques or Acute Stroke Program (PCNASP), CDC other forms of information technology, has continuously worked to measure [30Day–21–1108] e.g., permitting electronic submission of and improve acute stroke care using Agency Forms Undergoing Paperwork responses; and well-known quality improvement strategies coupled with frequent Reduction Act Review (e) Assess information collection evaluation of results. There remains a costs. In accordance with the Paperwork national need to understand best Reduction Act of 1995, the Centers for To request additional information on practices of stroke systems of care, Disease Control and Prevention (CDC) the proposed project or to obtain a copy which includes prevention and has submitted the information of the information collection plan and awareness, use of EMS, in-hospital care, collection request titled Paul Coverdell instruments, call (404) 639–7570. and rehabilitation and recovery. National Acute Stroke Program Comments and recommendations for the PCNASP awardees work statewide with (PCNASP) to the Office of Management proposed information collection should participating hospitals, Emergency and Budget (OMB) for review and be sent within 30 days of publication of Medical Services (EMS) agencies, and approval. CDC previously published a this notice to www.reginfo.gov/public/ other healthcare partners (e.g., ‘‘Proposed Data Collection Submitted do/PRAMain Find this particular community clinical partners) to improve for Public Comment and information collection by selecting quality of care for stroke patients. These Recommendations’’ notice on December ‘‘Currently under 30-day Review—Open efforts include implementing strategies 3, 2020 to obtain comments from the for Public Comments’’ or by using the to close the gap on stroke disparities, public and affected agencies. CDC did search function. Direct written identifying effective stroke treatment not receive comments related to the comments and/or suggestions regarding centers, building capacity and previous notice. This notice serves to the items contained in this notice to the infrastructure to ensure that stroke allow an additional 30 days for public Attention: CDC Desk Officer, Office of patients are routed to effective treatment and affected agency comments. Management and Budget, 725 17th centers in a timely manner, and CDC will accept all comments for this Street NW, Washington, DC 20503 or by improving transitions of care from the proposed information collection project. fax to (202) 395–5806. Provide written hospital to the next care setting. The Office of Management and Budget comments within 30 days of notice The PCNASP’s current five-year is particularly interested in comments publication. cooperative agreement started on July 1, that: Proposed Project 2015 and includes nine state health (a) Evaluate whether the proposed department awardees and their selected collection of information is necessary Paul Coverdell National Acute Stroke partners (hospitals, EMS agencies, other for the proper performance of the Program (PCNASP) (OMB Control No. healthcare facilities). This current functions of the agency, including 0920–1108, Exp. 09/30/2022)— funding period reflects additional whether the information will have Revision—National Center for Chronic emphasis on pre-hospital quality of care practical utility; Disease Prevention and Health as well as the post-hospital transition of (b) Evaluate the accuracy of the Promotion (NCCDPHP), Centers for care setting from hospital to home or agencies estimate of the burden of the Disease Control and Prevention (CDC). other healthcare facility. With technical

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assistance provided by CDC, awardees currently available to awardees, minutes for hospitals. In addition, each have worked on identifying and using including the AHA’s GWTG and the PCNASP awardee prepares an annual data systems to systematically collect National Emergency Medical Services aggregate hospital inventory file for and report data on all three phases of Information System (NEMSIS). CDC has transmission to CDC. The average the stroke care continuum and on worked to reduce the overall number of burden of reporting hospital inventory hospital capacity. required data elements and identified information for each PCNASP awardee PCNASP currently has OMB approval areas of alignment with AHA’s GWTG. remains eight hours per response. Based for the collection of pre-hospital (EMS), Total average burden will decrease due on current data and expected number of in-hospital, and post-hospital patient to the reduction in data elements under awardees under the new NOFO, we are care data, as well as hospital inventory the new NOFO. Depending on the estimating the number of hospital data (OMB Control No. 0920–1108, Exp. awardees’ access to data sources (GWTG partners per awardee to be 50 hospitals. 09/30/2022). CDC plans to request a or NEMSIS), the average burden per Due to this increase in awardees, the revision of this currently approved response will vary from 30 minutes to estimated number of hospital collection, with an extension of three one hour. Thus, the burden for pre- respondents is anticipated to increase years, reflecting a new Notice of hospital data is estimated to decrease from 378 to 650. Thus, there is a net Funding Opportunity (NOFO). The new from 60 to 46 burden hours annually. increase of 136 hours for hospitals to PCNASP cooperative agreement will be Under the scope of the new NOFO, collect and transmit this data. The total expanded to include 13 awardees, patient level post-hospital quality of burden for hospital inventory data is which will be awarded on or about July care data will not be collected. Post- increasing from 189 to 325 hours 1, 2021. stroke transitions of care, rehabilitation, annually. In-hospital patient care data will and follow-up will be assessed in These requested changes will result in continue to align with standards set by alignment with existing CDC a net increase in total average burden The Joint Commission (TJC) and the cooperative agreements, such as from 361 to 501 hours. All patient, American Heart Association’s Get With supporting the development of hospital, and EMS provider data that is The Guidelines (GWTG) Program. approaches to link patients with submitted to CDC by PCNASP awardees Estimated burden for the collection of community resources and clinical will be de-identified and occur through in-hospital data will increase by a net services through CDC–RFA–DP18–1817. secure data systems. Proposed data increase of eight hours due to added As a result, burden for this collection elements and quality indicators may be program awardees under the new and transmission will not be included updated over time to include new or cooperative agreement. The average in the overall estimation of average revised items based on evolving burden per response remains 30 burden. recommendations and standards in the minutes for awardees, for a total of 26 Primary data collection of hospital field to improve the quality of stroke hours annually. inventory data will continue to be care. Data collection methods for pre- collected to understand the capacity and OMB approval is requested for three hospital care will continue to be infrastructure of the hospitals that admit years. CDC requests approval for an collected similarly to the two current and treat stroke patients. Each hospital estimated 501 annualized burden hours. methods, depending on awardees’ will report inventory information to its Participation is voluntary, and there are access to data sources. These two PCNASP awardee annually. The average no costs to respondents other than their methods are existing data systems burden per response remains 30 time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

PCNASP Awardee ...... Hospital inventory ...... 13 1 8 In-hospital care data ...... 13 4 30/60 Pre-hospital care data ...... 3 4 30/60 10 4 1 PCNASP Hospital Partners ...... Hospital Inventory ...... 650 1 30/60

Jeffrey M. Zirger, DEPARTMENT OF HEALTH AND ACTION: Request for public comment. Lead, Information Collection Review Office, HUMAN SERVICES Office of Scientific Integrity, Office of Science, SUMMARY: The Office of Community Centers for Disease Control and Prevention. Administration for Children and Services (OCS), Administration for [FR Doc. 2021–08573 Filed 4–23–21; 8:45 am] Families Children and Families (ACF), U.S. BILLING CODE 4163–18–P Department of Health and Human Submission for OMB Review; Services (HHS), is requesting expedited Community Services Block Grant review of an information collection (CSBG) Annual Report (OMB #0970– request from the Office of Management 0492) and Budget (OMB) and is inviting public comments on the collection of AGENCY: Office of Community Services, data for the new Community Services Administration for Children and Block Grant (CSBG) CARES Act Families, Department of Health and Supplemental and CSBG Disaster Human Services. Supplemental funding. This information

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is collected through modified versions information collection by selecting Modules 2 and 4 to collect specific data of the currently approved CSBG Annual ‘‘Currently under 30-day Review—Open for the supplemental funding and to Report (OMB #0970–0492, expiration for Public Comments’’ or by using the reduce burden, including the removal of 5/31/2021). search function. questions that were not pertinent to the data collection for the Supplemental DATES: Comments due within 30 days of SUPPLEMENTARY INFORMATION: Reports. OCS made additional technical publication. OMB is required to make a Description: ACF requested that OMB modifications including minor wording, decision concerning the collection of grant a 180-day approval for this request headings, and numbering revisions. information between 30 and 60 days under procedures for expedited Respondents are only expected to after publication of this document in the processing. A request for review under submit Module 3 once through the Federal Register. Therefore, a comment normal procedures is now being current CSBG Annual Report; OCS is best assured of having its full effect submitted. Any edits resulting from made technical revisions to allow if OMB receives it within 30 days of public comment have been incorporated respondents to confirm which funding publication. into this submission under normal procedures. The CSBG Supplemental source they are using—CSBG, CARES, ADDRESSES: Written comments and Annual Reports include modified or Disaster. recommendations for the proposed versions of Modules 1, 2, and 4. Module Respondents: State governments, information collection should be sent 1 was modified to align with CSBG including the District of Columbia and within 30 days of publication of this Disaster Supplemental and CSBG the Commonwealth of Puerto Rico, and notice to www.reginfo.gov/public/do/ CARES State Plans and to help reduce U.S. territories and CSBG eligible PRAMain. Find this particular the burden to the states. OCS modified entities (Community Action Agencies).

ANNUAL BURDEN ESTIMATES

Total Total number of Average Total burden Annual Instrument number of responses per burden hours hours burden hours respondents respondent per response

CSBG Annual Report (States) ...... 52 3 198 30,088 10,296 CSBG Annual Report (Eligible Entities) ...... 1,009 3 697 2,109,819 703,273 CSBG CARES Supplemental Annual Report (States) ...... 52 3 107 16,692 5,564 CSBG CARES Annual Report (Eligible Entities) ...... 1,009 3 493 1,492,311 497,437 CSBG Disaster Supplemental Annual Report (States) ...... 15 3 95 4,275 1,425 CSBG Disaster Supplemental Annual Report (Eligible Enti- ties) ...... 50 3 476 71,400 23,800

Estimated Total Annual Burden 30/2021). There are minimal changes State Plan). The CSBG State Plan must Hours: 1,241,795. requested to the State Plan and the meet statutory requirements prior to Authority: 112 Stat. 2729; 42 U.S.C. Master List. No changes are proposed to CSBG grantees (states and territories) 9902(2). the ACSI. being funded with CSBG funds. DATES: Comments due within 60 days of Grantees have the option to submit a Mary B. Jones, publication. In compliance with the detailed plan annually or biannually. ACF/OPRE Certifying Officer. requirements of the Paperwork Grantees that submit a biannual plan [FR Doc. 2021–08613 Filed 4–23–21; 8:45 am] Reduction Act of 1995, ACF is soliciting must provide an abbreviated plan the BILLING CODE 4184–27–P public comment on the specific aspects following year if substantial changes to of the information collection described the initial plan will occur. above. DEPARTMENT OF HEALTH AND OCS proposes to revise the automated HUMAN SERVICES ADDRESSES: Copies of the proposed CSBG State Plan format for states and collection of information can be territories by revising questions for Administration for Children and obtained and comments may be clarity and system compatibility. OCS Families forwarded by emailing infocollection@ does not anticipate that these revisions acf.hhs.gov. Alternatively, copies can will cause any additional burden to Proposed Information Collection also be obtained by writing to the CSBG grantees as they have completed Activity; Community Services Block Administration for Children and the automated plan for six years. It is Grant (CSBG) Model State Plan Families, Office of Planning, Research, anticipated that the burden will Applications (OMB No. 0970–0382) and Evaluation (OPRE), 330 C Street continue to diminish in subsequent SW, Washington, DC 20201, Attn: ACF years due to improved automation. AGENCY: Office of Community Services, Administration for Children and Reports Clearance Officer. All requests, In addition to the CSBG State Plan, Families, HHS. emailed or written, should be identified OCS requests that all grantees revise by the title of the information collection. ACTION: Request for public comment. their CSBG Eligible Entity Master List in SUPPLEMENTARY INFORMATION: year one to add the executive director SUMMARY: The Office of Community Description: Section 676 of the and website for each agency. Grantees Services (OCS) requests a three-year Community Services Block Grant will revise the Master List as necessary extension of the forms Community (CSBG) Act requires states, including in subsequent years. As the CSBG Services Block Grant (CSBG) State Plan, the District of Columbia and the Eligible Entity Master List is already CSBG Eligible Entity Master List, and Commonwealth of Puerto Rico, and U.S. completed and states have the the American Customer Survey Index territories applying for CSBG funds to information about their eligible entities (ACSI) (OMB #0970–0382, expiration 6/ submit an application and plan (CSBG (or sub-grantees), the burden will be

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minimal to the states to provide the grantees receive from the CSBG Respondents: State governments, additional requested information. grantees. The survey is optional, and including the District of Columbia and Lastly, the request includes a survey this will be the fifth time that the CSBG the Commonwealth of Puerto Rico, and for the sub-grantees (or CSBG-eligible sub-grantees that chose to submit will U.S. territories, and local level sub- entities). The survey focuses on the complete it. There are no revisions grantees. customer service that the CSBG sub- proposed to the survey.

ANNUAL BURDEN ESTIMATES

Total Total number of Average Total burden Annual Instrument number of responses per burden hours hours burden hours respondents respondent per response

CSBG State Plan Application for States ...... 56 3 31 5,208 1,736 CSBG Eligible Entity Master List ...... 56 3 2 336 112 CSBG ACSI Survey of Eligible Entities ...... 1007 1 .33 332 111

Estimated Total Annual Burden ACTION: Request for public comment. SUPPLEMENTARY INFORMATION: Hours: 1,848 hours for CSBG grantees; Description: Follow-up SCOPE will SUMMARY: This is a primary data 111 for CSBG sub-grantees. examine the practice of coaching and Comments: The Department collection request for the Follow-up professional development more broadly specifically requests comments on (a) Study of Coaching Practices in Early provided in support of centers and FCC whether the proposed collection of Care and Education Settings (Follow-up homes. The study will collect information is necessary for the proper SCOPE), a follow-up to the previously performance of the functions of the approved Study of Coaching Practices in information on the following: How agency, including whether the Early Care and Education Settings coaching and professional development information shall have practical utility; (SCOPE) survey (OMB #0970–0515). are supporting centers and FCC homes; (b) the accuracy of the agency’s estimate The study aims to examine, using the perceived value and role of of the burden of the proposed collection surveys and qualitative interviews, the coaching, professional development, of information; (c) the quality, utility, practice and processes of coaching and and quality improvement; the features and clarity of the information to be professional development in supporting of coaching and how they are delivered; collected; and (d) ways to minimize the early care and education (ECE) settings and the role(s) of coaches and how they burden of the collection of information in their provision of care for preschool have been supported. The study will on respondents, including through the children and their families as COVID–19 also examine the degree to which use of automated collection techniques has progressed. The study will focus on coaching has been sustained and/or or other forms of information both centers and family child care (FCC) changed compared to before COVID–19. technology. Consideration will be given homes that serve low-income children, In particular, there will be a focus on to comments and suggestions submitted with a primary target of settings that understanding the use of remote versus within 60 days of this publication. serve children supported by Child Care in-person strategies for coaching and Authority: Sec. 676, Pub. L. 105–285, 112 and Development Fund subsidies or a professional development. This study Stat. 2735 (42 U.S.C. 9908). Head Start grant. aims to explore the implementation of coaching and professional development Mary B. Jones, DATES: Comments due within 30 days of publication. OMB must make a decision in ECE settings as COVID–19 has ACF/OPRE Certifying Officer. about the collection of information progressed. The study will not allow for [FR Doc. 2021–08604 Filed 4–23–21; 8:45 am] between 30 and 60 days after statistical generalization to different BILLING CODE 4184–27–P publication of this document in the sites or service populations. Federal Register. Therefore, a comment Survey and interview questions will DEPARTMENT OF HEALTH AND is best assured of having its full effect focus on the current status of these HUMAN SERVICES if OMB receives it within 30 days of activities at the time of the data publication. collection, changes compared to before Administration for Children and ADDRESSES: Written comments and COVID–19 began, and what has been Families recommendations for the proposed challenging or worked well. The study information collection should be sent will use surveys and interviews with Submission for OMB Review; Follow- within 30 days of publication of this center directors, FCC providers, and Up Study of Coaching Practices in notice to www.reginfo.gov/public/do/ coaches. The sample frame will be Early Care and Education Settings PRAMain. Find this particular comprised of respondents to the 2019 (OMB #0970–0515) information collection by selecting survey. AGENCY: Office of Planning, Research, ‘‘Currently under 30-day Review—Open Respondents: ECE center directors, and Evaluation, Administration for for Public Comments’’ or by using the coaches, and FCC providers who Children and Families, HHS. search function. responded to 2019 SCOPE surveys.

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ANNUAL BURDEN ESTIMATES [Data collection will be completed within a one-year period]

Number of Number of responses per respondents respondent Avg. burden Total/annual Instrument (total over (total over per response burden request request (in hours) (in hours) period) period)

Coach Survey (Instrument 1) ...... 100 1 .33 33 Center Director Survey (Instrument 2) ...... 66 1 .33 22 FCC Provider Survey (Instrument 3) ...... 38 1 .33 13 Coach Interview (Instrument 4) ...... 12 1 .75 9 Center Director Interview (Instrument 5) ...... 24 1 .75 18 FCC Provider Interview (Instrument 6): FCC providers ...... 12 1 .75 9

Estimated Total Annual Burden Competition and Patent Term indicated for use as an electrolyte Hours: 104. Restoration Act of 1984 (Pub. L. 98–417) replenisher in parenteral fluid therapy. Authority: 42 U.S.C. 9858(a)(5), 42 U.S.C. (the 1984 amendments), which In a communication dated September 9835, and 42 U.S.C. 9844. authorized the approval of duplicate 6, 2019, Hospira Inc. notified FDA that versions of drug products under an sodium chloride 14.6% solution for Mary B. Jones, ANDA procedure. ANDA applicants injection, 50 mEq/20 mL, in plastic ACF/OPRE Certifying Officer. must, with certain exceptions, show that containers, was being discontinued, and [FR Doc. 2021–08614 Filed 4–23–21; 8:45 am] the drug for which they are seeking FDA moved the drug product to the BILLING CODE 4184–22–P approval contains the same active ‘‘Discontinued Drug Product List’’ ingredient in the same strength and section of the Orange Book. dosage form as the ‘‘listed drug,’’ which Fresenius Kabi USA, LLC submitted a DEPARTMENT OF HEALTH AND is a version of the drug that was citizen petition dated December 16, HUMAN SERVICES previously approved. ANDA applicants 2020 (Docket No. FDA–2020–P–2304), do not have to repeat the extensive under 21 CFR 10.30, requesting that the Food and Drug Administration clinical testing otherwise necessary to Agency determine whether sodium [Docket No. FDA–2020–P–2304] gain approval of a new drug application chloride 14.6% solution for injection, 50 (NDA). mEq/20 mL, in plastic containers, was Determination That Sodium Chloride The 1984 amendments include what withdrawn from sale for reasons of 14.6% Solution for Injection, 50 is now section 505(j)(7) of the Federal safety or effectiveness. Milliequivalent/20 Milliliters, in Plastic Food, Drug, and Cosmetic Act (21 U.S.C. After considering the citizen petition Containers, Was Not Withdrawn From 355(j)(7)), which requires FDA to and reviewing Agency records and Sale for Reasons of Safety or publish a list of all approved drugs. based on the information we have at this Effectiveness FDA publishes this list as part of the time, FDA has determined under ‘‘Approved Drug Products With § 314.161 that sodium chloride 14.6% AGENCY: Food and Drug Administration, Therapeutic Equivalence Evaluations,’’ solution for injection, 50 mEq/20 mL, in HHS. which is known generally as the plastic containers, was not withdrawn ACTION: Notice. ‘‘Orange Book.’’ Under FDA regulations, for reasons of safety or effectiveness. drugs are removed from the list if the The petitioner has identified no data or SUMMARY: The Food and Drug Agency withdraws or suspends other information suggesting that Administration (FDA or Agency) has approval of the drug’s NDA or ANDA sodium chloride 14.6% solution for determined that Sodium Chloride for reasons of safety or effectiveness or injection, 50 mEq/20 mL, in plastic 14.6% solution for injection, 50 if FDA determines that the listed drug containers, was withdrawn for reasons milliequivalent (mEq)/20 milliliters was withdrawn from sale for reasons of of safety or effectiveness. We have (mL), in plastic containers, was not safety or effectiveness (21 CFR 314.162). carefully reviewed our files for records withdrawn from sale for reasons of A person may petition the Agency to concerning the withdrawal of sodium safety or effectiveness. This determine, or the Agency may chloride 14.6% solution for injection, 50 determination will allow FDA to determine on its own initiative, whether mEq/20 mL, in plastic containers, from approve abbreviated new drug a listed drug was withdrawn from sale sale. We have also independently applications (ANDAs) for sodium for reasons of safety or effectiveness. evaluated relevant literature and data chloride 14.6% solution for injection, 50 This determination may be made at any for possible postmarketing adverse mEq/20 mL, in plastic containers, if all time after the drug has been withdrawn events. We have reviewed the available other legal and regulatory requirements from sale, but must be made prior to evidence and determined that this drug are met. approving an ANDA that refers to the product was not withdrawn from sale FOR FURTHER INFORMATION CONTACT: listed drug (§ 314.161 (21 CFR 314.161)). for reasons of safety or effectiveness. Ayako Sato, Center for Drug Evaluation FDA may not approve an ANDA that Accordingly, the Agency will and Research, Food and Drug does not refer to a listed drug. continue to list sodium chloride 14.6% Administration, 10903 New Hampshire Sodium chloride 14.6% solution for solution for injection, 50 mEq/20 mL, in Ave., Bldg. 51, Rm. 6206, Silver Spring, injection, 50 mEq/20 mL, in plastic plastic containers, in the ‘‘Discontinued MD 20993–0002, 240–402–4191, containers, is the subject of NDA 18897, Drug Product List’’ section of the Orange [email protected]. held by Hospira Inc., and initially Book. The ‘‘Discontinued Drug Product SUPPLEMENTARY INFORMATION: In 1984, approved on July 20, 1984. Sodium List’’ delineates, among other items, Congress enacted the Drug Price chloride 14.6% solution for injection is drug products that have been

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discontinued from marketing for reasons and Human Services, is publishing the technology to minimize the information other than safety or effectiveness. following summary of a proposed collection burden. ANDAs that refer to sodium chloride collection for public comment. Type of Collection: Reinstatement w/ 14.6% solution for injection, 50 mEq/20 DATES: Comments on the ICR must be without chg. mL, in plastic containers, may be received on or before May 26, 2021. OMB No.: 0937–0191. approved by the Agency as long as they ADDRESSES: Written comments and Abstract: The Office of Assistant meet all other legal and regulatory recommendations for the proposed Secretary for Administration, Program requirements for the approval of information collection should be sent Support Center, Federal Real Property ANDAs. If FDA determines that labeling within 30 days of publication of this Assistance Program is requesting OMB for this drug product should be revised notice to www.reginfo.gov/public/do/ approval on a previously approved to meet current standards, the Agency PRAMain. Find this particular information collection, 0937–0191. 40 will advise ANDA applicants to submit information collection by selecting U.S.C. 550 (the ‘‘Act’’), as amended, such labeling. ‘‘Currently under 30-day Review—Open provides authority to the Secretary of Dated: April 20, 2021. for Public Comments’’ or by using the Health and Human Services to convey Lauren K. Roth, search function. or lease surplus real property to States Acting Principal Associate Commissioner for FOR FURTHER INFORMATION CONTACT: and their political subdivisions and Policy. Sherrette Funn, [email protected] instrumentalities, to tax-supported [FR Doc. 2021–08615 Filed 4–23–21; 8:45 am] or (202) 795–7714. When submitting institutions, and to nonprofit BILLING CODE 4164–01–P comments or requesting information, institutions which (except for please include the document identifier institutions which lease property to 0990–New–30D and project title for assist the homeless) have been held DEPARTMENT OF HEALTH AND reference. exempt from taxation under Section HUMAN SERVICES SUPPLEMENTARY INFORMATION: Interested 501(c)(3) of the 1954 Internal Revenue persons are invited to send comments Code, and 501(c)(19) for veterans [Document Identifier: 0937–0191–30D] regarding this burden estimate or any organizations, for public health and homeless assistance purposes. Transfers Agency Information Collection other aspect of this collection of information, including any of the are made to transferees at little or no Request. 30-Day Public Comment cost. Request following subjects: (1) The necessity and utility of the proposed information Type of respondent: Responses are AGENCY: Office of the Secretary, HHS. collection for the proper performance of dependent on when Federal surplus real ACTION: Notice. the agency’s functions; (2) the accuracy property is made available and is of the estimated burden; (3) ways to desired by a respondent/applicant for SUMMARY: In compliance with the enhance the quality, utility, and clarity acquisition. Likely respondents include requirement of the Paperwork of the information to be collected; and State, local, or tribal units of Reduction Act of 1995, the Office of the (4) the use of automated collection government or instrumentalities thereof, Secretary (OS), Department of Health techniques or other forms of information and not-for-profit organizations.

ESTIMATED ANNUALIZED BURDEN TABLE

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

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

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

Dated: January 19, 2021. amended, notice is hereby given of a and to coordinate activities and discuss gaps Sherrette A. Funn, meeting of the Muscular Dystrophy and opportunities leading to better understanding of the muscular dystrophies, Paperwork Reduction Act Reports Clearance Coordinating Committee (MDCC). advances in treatments, and improvements in Officer, Office of the Secretary. The meeting will be open to the patients’ and their families’ lives. The agenda Editorial note: This document was public. Individuals who plan to for this meeting is available on the MDCC received for publication by the Office of the participate and need special assistance, website: https://www.mdcc.nih.gov/ Federal Register on April 20, 2021. such as sign language interpretation or Meetings_Events/june-2-2021. Registration: To register, please go to: [FR Doc. 2021–08548 Filed 4–23–21; 8:45 am] other reasonable accommodations, https://roseliassociates.zoomgov.com/ BILLING CODE 4150–04–P should notify the Contact Person listed _ below in advance of the meeting. webinar/register/WN ihQyf5oBTNK706B9fAHpfQ. Name of Committee: Muscular Dystrophy Webcast Live: https://videocast.nih.gov/ DEPARTMENT OF HEALTH AND Coordinating Committee. watch=41965. HUMAN SERVICES Date: June 2, 2021. Place: National Institutes of Health, Time: 10:00 a.m. to 2:00 p.m. Neuroscience Center, 6001 Executive Blvd., National Institutes of Health Agenda: The purpose of this meeting is to Bethesda, MD 20892 (Virtual Meeting). bring together committee members, Contact Person: Glen Nuckolls, Ph.D., Office of the Secretary; Notice of representing government agencies, patient Program Director, National Institute of Meeting advocacy groups, other voluntary health Neurological Disorders and Stroke (NINDS), organizations, and patients and their families NIH, 6001 Executive Blvd., Rm 2203, Pursuant to section 10(a) of the to update one another on progress relevant to Bethesda, MD 20892, 301–496–5876, MDCC@ Federal Advisory Committee Act, as the Action Plan for the Muscular Dystrophies nih.gov.

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Any interested person may file written Dated: April 21, 2021. Immunodeficiency Syndrome Research Loan comments with the committee by forwarding Melanie J. Pantoja, Repayment Program; 93.187, Undergraduate the statement to the Contact Person listed on Scholarship Program for Individuals from Program Analyst, Office of Federal Advisory this notice. The statement should include the Disadvantaged Backgrounds, National Committee Policy. name, address, telephone number and when Institutes of Health, HHS) applicable, the business or professional [FR Doc. 2021–08660 Filed 4–23–21; 8:45 am] Dated: April 20, 2021. affiliation of the interested person. BILLING CODE 4140–01–P More information can be found on the David W. Freeman, Muscular Dystrophy Coordinating Committee Program Analyst, Office of Federal Advisory home page: https://mdcc.nih.gov/. DEPARTMENT OF HEALTH AND Committee Policy. Dated: April 21, 2021. HUMAN SERVICES [FR Doc. 2021–08554 Filed 4–23–21; 8:45 am] Miguelina Perez, BILLING CODE 4140–01–P National Institutes of Health Program Analyst, Office of Federal Advisory Committee Policy. Office of the Director, National DEPARTMENT OF HEALTH AND [FR Doc. 2021–08659 Filed 4–23–21; 8:45 am] Institutes of Health Notice of Meeting HUMAN SERVICES BILLING CODE 4140–01–P Pursuant to section 10(a) of the National Institutes of Health Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND amended, notice is hereby given of a National Institute of Allergy and HUMAN SERVICES meeting of the Advisory Committee to Infectious Diseases; Notice of Closed the Director, National Institutes of Meeting National Institutes of Health Health. The meeting will be held as a virtual Pursuant to section 10(d) of the National Institute on Alcohol Abuse meeting and is open to the public as Federal Advisory Committee Act, as and Alcoholism; Notice of Closed amended, notice is hereby given of the Meeting indicated below. Individuals who plan to view the meeting and need special following meeting. Pursuant to section 10(d) of the assistance or other reasonable The meeting will be closed to the Federal Advisory Committee Act, as accommodations to view the meeting public in accordance with the amended, notice is hereby given of the should notify the Contact Person listed provisions set forth in sections following meeting. below in advance of the meeting. The 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The meeting will be closed to the meeting will be videocast and can be as amended. The grant applications and public in accordance with the accessed from the NIH Videocasting and the discussions could disclose provisions set forth in sections Podcasting website (http:// confidential trade secrets or commercial 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., videocast.nih.gov/). property such as patentable material, and personal information concerning as amended. The grant applications and Name of Committee: Advisory Committee the discussions could disclose individuals associated with the grant to the Director, National Institutes of Health. applications, the disclosure of which confidential trade secrets or commercial Date: May 6, 2021. property such as patentable material, Time: 4:00 p.m. to 5:30 p.m. would constitute a clearly unwarranted and personal information concerning Agenda: To provide an update on Artificial invasion of personal privacy. individuals associated with the grant Intelligence/Machine Learning efforts and Name of Committee: National Institute of applications, the disclosure of which obtain concept clearance. Allergy and Infectious Diseases Special would constitute a clearly unwarranted Place: National Institutes of Health, Emphasis Panel; NIAID Resource Related invasion of personal privacy. Building 1, One Center Drive, Bethesda, MD Research Projects (R24 Clinical Trial Not 20892 (Virtual Meeting). Allowed). Name of Committee: National Institute on Contact Person: Gretchen Wood, Staff Date: May 25, 2021. Alcohol Abuse and Alcoholism Initial Assistant,National Institutes of Health, Office Time: 10:00 a.m. to 1:00 p.m. Review Group; Neuroscience Review of the Director, One Center Drive, Building 1, Agenda: To review and evaluate grant Subcommittee. Room 126, Bethesda, MD 20892, 301–496– applications. Date: June 9, 2021. 4272, [email protected]. Place: National Institute of Allergy and Time: 10:00 a.m. to 6:00 p.m. Any interested person may file written Infectious Diseases, National Institutes of Agenda: To review and evaluate grant comments with the committee by forwarding Health, 5601 Fishers Lane, Room 3F21B, applications. Rockville, MD 20892 (Virtual Meeting). Place: National Institutes of Health, the statement to the Contact Person listed on this notice. The statement should include the Contact Person: Maryam Feili-Hariri, National Institute on Alcohol Abuse and Ph.D., Scientific Review Officer, Scientific Alcoholism, 6700B Rockledge Drive, name, address, telephone number and when applicable, the business or professional Review Program, Division of Extramural Bethesda, MD 20817 (Virtual Meeting). Activities, National Institute of Allergy and Contact Person: Beata Buzas, Ph.D., affiliation of the interested person. Information is also available on the Infectious Diseases, National Institutes of Scientific Review Officer, Extramural Project Health, 5601 Fishers Lane, Room 3F21B, Review Branch, Office of Extramural Institute’s/Center’s home page: http:// acd.od.nih.gov, where an agenda and any Rockville, MD 20852, 240–669–5026, Activities, National Institute on Alcohol [email protected]. Abuse and Alcoholism, 6700B Rockledge additional information for the meeting will Drive, Room 2116, MSC 6902, Bethesda, MD be posted when available. (Catalogue of Federal Domestic Assistance 20892, 301–443–0800, [email protected]. This notice is being published less than 15 Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, (Catalogue of Federal Domestic Assistance days prior to the meeting due to scheduling Microbiology and Infectious Diseases Program Nos. 93.271, Alcohol Research difficulties. Research, National Institutes of Health, HHS) Career Development Awards for Scientists (Catalogue of Federal Domestic Assistance and Clinicians; 93.272, Alcohol National Program Nos. 93.14, Intramural Research Dated: April 20, 2021. Research Service Awards for Research Training Award; 93.22, Clinical Research Tyeshia M. Roberson, Training; 93.273, Alcohol Research Programs; Loan Repayment Program for Individuals Program Analyst, Office of Federal Advisory 93.891, Alcohol Research Center Grants; from Disadvantaged Backgrounds; 93.232, Committee Policy. 93.701, ARRA Related Biomedical Research Loan Repayment Program for Research and Research Support Awards., National Generally; 93.39, Academic Research [FR Doc. 2021–08595 Filed 4–23–21; 8:45 am] Institutes of Health, HHS) Enhancement Award; 93.936, NIH Acquired BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND 2W200, 7201 Wisconsin Avenue, Bethesda, HUMAN SERVICES HUMAN SERVICES MD 20892, (301) 827–3101, dario.dieguez@ nih.gov. National Institutes of Health National Institutes of Health (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institute on Aging; Notice of National Institute on Aging; Notice of National Institutes of Health, HHS) Closed Meetings Closed Meetings Dated: April 21, 2021. Pursuant to section 10(d) of the Miguelina Perez, Pursuant to section 10(d) of the Federal Advisory Committee Act, as Program Analyst, Office of Federal Advisory Federal Advisory Committee Act, as amended, notice is hereby given of the Committee Policy. amended, notice is hereby given of the following meetings. [FR Doc. 2021–08637 Filed 4–23–21; 8:45 am] following meetings. The meetings will be closed to the BILLING CODE 4140–01–P The meetings will be closed to the public in accordance with the public in accordance with the provisions set forth in sections provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and HUMAN SERVICES as amended. The grant applications and the discussions could disclose the discussions could disclose confidential trade secrets or commercial National Institutes of Health confidential trade secrets or commercial property such as patentable material, National Institute of Diabetes and property such as patentable material, and personal information concerning Digestive and Kidney Diseases; Notice and personal information concerning individuals associated with the grant of Closed Meeting individuals associated with the grant applications, the disclosure of which applications, the disclosure of which would constitute a clearly unwarranted Pursuant to section 10(d) of the would constitute a clearly unwarranted invasion of personal privacy. Federal Advisory Committee Act, as invasion of personal privacy. Name of Committee: National Institute on amended, notice is hereby given of the Name of Committee: National Institute on Aging Special Emphasis Panel; AD in vivo following meeting. Aging Special Emphasis Panel; Proteome Models. The meeting will be closed to the Dynamics in Aging and AD. Date: May 27, 2021. public in accordance with the Date: June 17, 2021. Time: 11:00 a.m. to 3:30 p.m. provisions set forth in sections Time: 10:30 a.m. to 6:00 p.m. Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant applications. as amended. The grant applications and applications. Place: National Institute on Aging, the discussions could disclose Gateway Building, 7201 Wisconsin Avenue, Place: National Institute on Aging, Bethesda, MD 20892 (Video Meeting). confidential trade secrets or commercial Gateway Building, 7201 Wisconsin Avenue, Contact Person: Maurizio Grimaldi, MD, property such as patentable material, Bethesda, MD 20892 (Video Meeting). Ph.D., Scientific Review Officer, Scientific and personal information concerning Contact Person: Birgit Neuhuber, Ph.D., Review Branch, National Institute on Aging, individuals associated with the grant Scientific Review Officer, Scientific Review National Institutes of Health, 7201 Wisconsin applications, the disclosure of which Branch, National Institute on Aging, National Avenue, Gateway Building, Suite 2W200, would constitute a clearly unwarranted Institutes of Health, 7201 Wisconsin Avenue, Bethesda, MD 20892, (301) 496–9374, invasion of personal privacy. Gateway Building, Suite 2W200, Bethesda, [email protected]. Name of Committee: National Institute of MD 20892, (301) 480–1266, neuhuber@ Name of Committee: National Institute on Diabetes and Digestive and Kidney Diseases ninds.nih.gov. Aging Special Emphasis Panel; Estrogen on Special Emphasis Panel; Review of Career Cardio and Cognitive Health. Name of Committee: National Institute on Development Applications. Date: May 28, 2021. Aging Special Emphasis Panel; Program Date: April 30, 2021. Time: 12:30 p.m. to 5:30 p.m. Project. Time: 5:00 p.m. to 5:45 p.m. Agenda: To review and evaluate grant Date: June 30, 2021. Agenda: To review and evaluate grant applications. Time: 1:00 p.m. to 4:30 p.m. applications. Place: National Institute on Aging, Agenda: To review and evaluate grant Place: National Institutes of Health, Two Gateway Building, 7201 Wisconsin Avenue, Democracy Plaza, 6707 Democracy applications. Bethesda, MD 20892 (Video Meeting). Boulevard, Bethesda, MD 20892 (Virtual Place: National Institute on Aging, Contact Person: Joshua Jin-Hyouk Park, Meeting). Gateway Building, 7201 Wisconsin Avenue, Ph.D., Scientific Review Officer, Scientific Contact Person: Maria E. Davila-Bloom, Bethesda, MD 20892 (Video Meeting). Review Branch, National Institute on Aging, Ph.D., Scientific Review Officer, Review Contact Person: Dario Dieguez, Jr, Ph.D., National Institutes of Health, Gateway Branch, DEA, NIDDK, National Institutes of Scientific Review Officer, Scientific Review Building, Suite 2W200, 7201 Wisconsin Health, 6707 Democracy Boulevard, Room Branch, National Institute on Aging, National Avenue, Bethesda, MD 20892, (301) 496– 7017, Bethesda, MD 20892–5452, (301) 594– 6208, [email protected]. Institutes of Health, Gateway Building, Suite 7637, [email protected]. 2W200, 7201 Wisconsin Avenue, Bethesda, Name of Committee: National Institute on MD 20892, (301) 827.3101, dario.dieguez@ Aging Special Emphasis Panel; Training This notice is being published less nih.gov. Program. than 15 days prior to the meeting due to the timing limitations imposed by the (Catalogue of Federal Domestic Assistance Date: June 9, 2021. Program Nos. 93.866, Aging Research, Time: 2:30 p.m. to 5:00 p.m. review and funding cycle. National Institutes of Health, HHS) Agenda: To review and evaluate grant (Catalogue of Federal Domestic applications. Assistance Program Nos. 93.847, Dated: April 21, 2021. Place: National Institute on Aging, Natcher Diabetes, Endocrinology and Metabolic Miguelina Perez, Building, 7201 Wisconsin Avenue, Bethesda, MD 20892 (Video Meeting). Research; 93.848, Digestive Diseases and Program Analyst, Office of Federal Advisory Contact Person: Dario Dieguez, Jr, Ph.D., Nutrition Research; 93.849, Kidney Committee Policy. Scientific Review Officer, Scientific Review Diseases, Urology and Hematology [FR Doc. 2021–08636 Filed 4–23–21; 8:45 am] Branch, National Institute on Aging National Research, National Institutes of Health, BILLING CODE 4140–01–P Institutes of Health, Gateway Building, Suite HHS)

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Dated: April 21, 2021. Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND Miguelina Perez, applications. HUMAN SERVICES Place: National Institutes of Health, 6701 Program Analyst, Office of Federal Advisory Rockledge Drive, Bethesda, MD 20892 Committee Policy. National Institutes of Health (Virtual Meeting). [FR Doc. 2021–08616 Filed 4–23–21; 8:45 am] Contact Person: Boris P. Sokolov, Ph.D., National Institute of Diabetes and BILLING CODE 4140–01–P Scientific Review Officer, Center for Digestive and Kidney Diseases; Notice Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5217A, of Closed Meeting DEPARTMENT OF HEALTH AND MSC 7846, Bethesda, MD 20892, 301–408– Pursuant to section 10(d) of the 9115, [email protected]. HUMAN SERVICES Federal Advisory Committee Act, as Name of Committee: Healthcare Delivery amended, notice is hereby given of the National Institutes of Health and Methodologies Integrated Review Group; Interdisciplinary Clinical Care in Specialty following meeting. The meeting will be closed to the Center for Scientific Review; Notice of Care Settings Study Section. public in accordance with the Closed Meetings Date: June 3–4, 2021. Time: 9:00 a.m. to 6:00 p.m. provisions set forth in sections Pursuant to section 10(d) of the Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Federal Advisory Committee Act, as applications. as amended. The grant applications and amended, notice is hereby given of the Place: National Institutes of Health, the discussions could disclose Rockledge II, 6701 Rockledge Drive, confidential trade secrets or commercial following meetings. Bethesda, MD 20892 (Virtual Meeting). The meetings will be closed to the Contact Person: Abu Saleh Mohammad property such as patentable material, public in accordance with the Abdullah, Ph.D., Scientific Review Officer, and personal information concerning provisions set forth in sections Center for Scientific Review, National individuals associated with the grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Institutes of Health, 6701 Rockledge Drive, applications, the disclosure of which as amended. The grant applications and Bethesda, MD 20892, (301) 827–4043, would constitute a clearly unwarranted the discussions could disclose [email protected]. invasion of personal privacy. Name of Committee: Endocrinology, confidential trade secrets or commercial Name of Committee: National Institute of Metabolism, Nutrition and Reproductive Diabetes and Digestive and Kidney Diseases property such as patentable material, Sciences Integrated Review Group; Cell Initial Review Group; Kidney, Urologic and and personal information concerning Signaling and Molecular Endocrinology Hematologic Diseases D Subcommittee DDK– individuals associated with the grant Study Section. D. applications, the disclosure of which Date: June 3–4, 2021. Date: June 22–24, 2021. Time: 9:30 a.m. to 6:00 p.m. would constitute a clearly unwarranted Time: 5:00 p.m. to 5:00 p.m. Agenda: To review and evaluate grant invasion of personal privacy. Agenda: To review and evaluate grant applications. applications. Name of Committee: Center for Scientific Place: National Institutes of Health, Place: National Institutes of Health, Two Review Special Emphasis Panel Small Rockledge II, 6701 Rockledge Drive, Democracy Plaza, 6707 Democracy Business: Dermatology Bethesda, MD 20892 (Virtual Meeting). Boulevard, Bethesda, MD 20892 (Virtual Date: May 17, 2021. Contact Person: Latha Malaiyandi, Ph.D., Meeting). Time: 12:30 p.m. to 1:30 p.m. Scientific Review Officer, Center for Contact Person: Jason D. Hoffert, Ph.D., Agenda: To review and evaluate grant Scientific Review, National Institutes of Scientific Review Officer, Review Branch, applications. Health, 6701 Rockledge Drive, Room 812Q, DEA, NIDDK, National Institutes of Health, Place: National Institutes of Health, Bethesda, MD 20892, (301) 435–1999, Rockledge II, 6701 Rockledge Drive, [email protected]. Room 7343, 6707 Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Bethesda, MD 20817, 301–496–9010, Name of Committee: Center for Scientific [email protected]. Call). Review Special Emphasis Panel; Contact Person: Aftab A. Ansari, Ph.D., Interdisciplinary Clinical Care in Specialty (Catalogue of Federal Domestic Assistance Scientific Review Officer, Center for Care Settings. Program Nos. 93.847, Diabetes, Scientific Review, National Institutes of Date: June 4, 2021. Endocrinology and Metabolic Research; Health, 6701 Rockledge Drive, Room 4108, Time: 9:00 a.m. to 6:00 p.m. 93.848, Digestive Diseases and Nutrition MSC 7814, Bethesda, MD 20892, (301) 237– Agenda: To review and evaluate grant Research; 93.849, Kidney Diseases, Urology 9931, [email protected]. applications. and Hematology Research, National Institutes Name of Committee: Cell Biology Place: National Institutes of Health, of Health, HHS) Integrated Review Group Cellular Signaling Rockledge II, 6701 Rockledge Drive, Dated: April 21, 2021. and Regulatory Systems Study Section. Bethesda, MD 20892 (Virtual Meeting). Miguelina Perez, Date: May 24–25, 2021. Contact Person: Lauren Fordyce, Ph.D., Scientific Review Officer, Center for Program Analyst, Office of Federal Advisory Time: 10:00 a.m. to 6:00 p.m. Committee Policy. Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 3214, [FR Doc. 2021–08617 Filed 4–23–21; 8:45 am] Place: National Institutes of Health, Bethesda, MD 20892, (301) 435–6998, BILLING CODE 4140–01–P Rockledge II, 6701 Rockledge Drive, [email protected]. Bethesda, MD 20892 (Virtual Meeting). (Catalogue of Federal Domestic Assistance Contact Person: David Balasundaram, Program Nos. 93.306, Comparative Medicine; DEPARTMENT OF HEALTH AND Ph.D., Scientific Review Officer, Center for 93.333, Clinical Research, 93.306, 93.333, HUMAN SERVICES Scientific Review, National Institutes of 93.337, 93.393–93.396, 93.837–93.844, Health, 6701 Rockledge Drive, Room 5189, 93.846–93.878, 93.892, 93.893, National National Institutes of Health MSC 7840, Bethesda, MD 20892, 301–435– Institutes of Health, HHS) 1022, [email protected]. Dated: April 20, 2021. National Institute on Drug Abuse; Name of Committee: Brain Disorders and David W Freeman, Notice of Closed Meeting Clinical Neuroscience Integrated Review Group; Pathophysiological Basis of Mental Program Analyst, Office of Federal Advisory Pursuant to section 10(d) of the Disorders and Addictions Study Section. Committee Policy. Federal Advisory Committee Act, as Date: May 26–27, 2021. [FR Doc. 2021–08553 Filed 4–23–21; 8:45 am] amended, notice is hereby given of the Time: 9:30 a.m. to 7:00 p.m. BILLING CODE 4140–01–P following meeting.

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The meeting will be closed to the property such as patentable material, DEPARTMENT OF HOUSING AND public in accordance with the and personal information concerning URBAN DEVELOPMENT provisions set forth in sections individuals associated with the grant [Docket No. FR–7034–N–23] 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which as amended. The grant applications and would constitute a clearly unwarranted 30-Day Notice of Proposed Information the discussions could disclose invasion of personal privacy. Collection: The Outcomes Evaluation confidential trade secrets or commercial Name of Committee: National Institute of of the Choice Neighborhoods property such as patentable material, Diabetes and Digestive and Kidney Diseases Program; OMB Control No. 2528-New and personal information concerning Special Emphasis Panel; Limited individuals associated with the grant Competition for the Continuation of the AGENCY: Office of the Chief Information applications, the disclosure of which Urinary Stone Disease Research Network Officer, HUD. would constitute a clearly unwarranted (USDRN). ACTION: Notice. invasion of personal privacy. Date: July 8, 2021. Time: 2:00 p.m. to 4:00 p.m. SUMMARY: HUD is seeking approval from Name of Committee: National Institute on Agenda: To review and evaluate grant the Office of Management and Budget Drug Abuse Special Emphasis Panel; (OMB) for the information collection Exploring Epigenomic or Non-Coding RNA applications. Regulation in the Development, Place: National Institutes of Health, Two described below. In accordance with the Maintenance, or Treatment of Chronic Pain Democracy Plaza, 6707 Democracy Paperwork Reduction Act, HUD is (R61/R33 Clinical Trial Optional). Boulevard, Bethesda, MD 20892 (Virtual requesting comment from all interested Date: June 2, 2021. Meeting). parties on the proposed collection of Time: 12:00 p.m. to 3:30 p.m. Contact Person: Jason D. Hoffert, Ph.D., information. The purpose of this notice Agenda: To review and evaluate grant Scientific Review Officer, Review Branch, is to allow for 30 days of public applications. DEA, NIDDK, National Institutes of Health, comment. Place: National Institutes of Health, Room 7343, 6707 Democracy Boulevard, National Institute on Drug Abuse, 301 North Bethesda, MD 20817, 301–496–9010, DATES: Comments Due Date: May 26, Stonestreet Avenue, Bethesda, MD 20892, [email protected]. 2021. (Virtual Meeting). (Catalogue of Federal Domestic Assistance ADDRESSES: Interested persons are Contact Person: Soyoun Cho, Ph.D., Program Nos. 93.847, Diabetes, invited to submit comments regarding Scientific Review Officer, Scientific Review Endocrinology and Metabolic Research; this proposal. Written comments and Branch, Division of Extramural Research, 93.848, Digestive Diseases and Nutrition recommendations for the proposed National Institute on Drug Abuse, NIH, Research; 93.849, Kidney Diseases, Urology 3WFN, MSC 6021, 301 North Stonestreet and Hematology Research, National Institutes information collection should be sent Avenue, Bethesda, MD 20892, (301) 594– of Health, HHS) within 30 days of publication of this 9460, [email protected]. notice to OIRA_submission@ Dated: April 21, 2021. (Catalogue of Federal Domestic Assistance omb.eop.gov or www.reginfo.gov/public/ Program Nos. 93.277, Drug Abuse Scientist Miguelina Perez, do/PRAMain. Find this particular Development Award for Clinicians, Scientist Program Analyst, Office of Federal Advisory information collection by selecting Development Awards, and Research Scientist Committee Policy. ‘‘Currently under 30-day Review—Open Awards; 93.278, Drug Abuse National [FR Doc. 2021–08618 Filed 4–23–21; 8:45 am] for Public Comments’’ or by using the Research Service Awards for Research BILLING CODE 4140–01–P search function. Training; 93.279, Drug Abuse and Addiction Research Programs, National Institutes of FOR FURTHER INFORMATION CONTACT: Health, HHS) Anna P. Guido, Reports Management Officer, QMAC, Department of Housing Dated: April 20, 2021. DEPARTMENT OF HOMELAND and Urban Development, 451 7th Street Tyeshia M. Roberson, SECURITY SW, Washington, DC 20410; email her at Program Analyst, Office of Federal Advisory [email protected] or telephone Committee Policy. U.S. Citizenship and Immigration 202–402–5535. This is not a toll-free [FR Doc. 2021–08596 Filed 4–23–21; 8:45 am] Services number. Person with hearing or speech BILLING CODE 4140–01–P impairments may access this number [CIS No. 2684–21; DHS Docket No. USCIS– through TTY by calling the toll-free 2021–0004] Federal Relay Service at (800) 877–8339. DEPARTMENT OF HEALTH AND Copies of available documents HUMAN SERVICES RIN 1615–ZB87 submitted to OMB may be obtained National Institutes of Health from Ms. Guido. Identifying Barriers Across U.S. SUPPLEMENTARY INFORMATION: This National Institute of Diabetes and Citizenship and Immigration Services notice informs the public that HUD is Digestive and Kidney Diseases; Notice (USCIS) Benefits and Services; seeking approval from OMB for the of Closed Meeting Request for Public Input information collection described in Correction Section A. The Federal Register notice Pursuant to section 10(d) of the that solicited public comment on the Federal Advisory Committee Act, as In Notice document 2021–07987 information collection for a period of 60 amended, notice is hereby given of the beginning on page 20398 in the issue of days was published on June 1, 2020 at following meeting. April 19, 2021, make the following 85 FR 33189. The meeting will be closed to the correction: public in accordance with the A. Overview of Information Collection On page 20398, in the first column, provisions set forth in sections Title of Information Collection: The under DATES, in the second line ‘‘April 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Outcomes Evaluation of the Choice 19, 2021’’ should read ‘‘May 19, 2021’’. as amended. The grant applications and Neighborhoods Program. the discussions could disclose [FR Doc. C1–2021–07987 Filed 4–23–21; 8:45 am] OMB Approval Number: 2528-New. confidential trade secrets or commercial BILLING CODE 1301–00–D Type of Request: New collection.

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Form Number: NA. Near East Side neighborhood in the survey to up to 2,388 Choice Description of the need for the Columbus, Ohio; South Norwalk residents and contact 275 respondents information and proposed use: neighborhood in Norwalk, Connecticut; for qualitative interviews. This This request is for the collection of North Central Philadelphia information is necessary to evaluate information for an outcomes evaluation neighborhood in Philadelphia, Choice and to understand differences of the Choice Neighborhoods Program Pennsylvania; and Larimer/East Liberty across sites, over time, in different types (Choice). Choice leverages significant neighborhood in Pittsburgh, of HUD-assisted housing, by grantee public and private dollars to support Pennsylvania. The overarching goal of type, and for different contextual locally driven strategies that address the current evaluation is to understand conditions. struggling neighborhoods with the impact of the Choice program and Respondents: Residents who are distressed public or HUD-assisted the investment it brings, with an living in Choice Neighborhoods housing through a comprehensive emphasis on understanding the first (Choice) sites in the Quincy Corridor approach to neighborhood cohort of grantees, funded in 2011 and transformation; local leaders, residents, four additional grantees from the third neighborhood in Boston, Massachusetts; and stakeholders come together to create cohort of grantees, funded in 2013. Woodlawn neighborhood in Chicago, ´ and implement a plan that revitalizes The evaluation will use qualitative Illinois; Iberville/Treme neighborhood distressed HUD housing and addresses and quantitative methods to answer the in New Orleans, Louisiana; Eastern the challenges in the surrounding following overarching research Bayview neighborhood in San neighborhood. question: Whether public and private Francisco, California; Yesler Launched in 2010, Choice provides dollars were successfully leveraged to neighborhood in Seattle, Washington; direct investments through competitive (1) replace distressed public and Near East Side neighborhood in grants targeted to neighborhoods assisted housing with high-quality Columbus, Ohio; South Norwalk marked by high rates of poverty with mixed-income housing that is well- neighborhood in Norwalk, Connecticut; distressed public or HUD-assisted managed and responsive to the needs of North Central Philadelphia housing. Today, Choice remains one of the surrounding neighborhood, (2) neighborhood in Philadelphia, HUD’s primary tools to support improve outcomes for households in the Pennsylvania; and Larimer/East Liberty planning and implementation efforts to target housing, including employment neighborhood in Pittsburgh, catalyze redevelopment efforts in cities and income, health, and education, and Pennsylvania, as well as stakeholders across the nation. (3) create the conditions necessary for who were, or remain, engaged with the Under contract with HUD’s Office of public and private reinvestment in Choice program. Stakeholders include Policy Development and Research, the distressed neighborhoods to improve the lead grantee, implementation leads Urban Institute (Urban) is conducting an amenities and assets. The evaluation is for housing, people, and neighborhood evaluation of Choice, focusing on the a follow-up to an initial evaluation pillars, HUD managers of Choice grants, neighborhoods that received grants in completed by Urban in 2016, and will city agency officials and staff, public 2011 and 2013: Quincy Corridor employ analysis of administrative/ housing and affordable-housing neighborhood in Boston, Massachusetts; secondary data, including HUD data, as property management staff, housing Woodlawn neighborhood in Chicago, well as primary data collection in the developers, early education providers, Illinois; Iberville/Treme´ neighborhood form of a large household survey of case management providers, other in New Orleans, Louisiana; Eastern households living in the Choice sites, service providers, community and Bayview neighborhood in San and interviews and observations from resident leaders, local police precinct Francisco, California; Yesler stakeholders regarding the Choice commanders, and staff from local neighborhood in Seattle, Washington; program. In total, Urban expects to field anchor institutions.

Responses Burden Annual Hourly cost Information collection Number of Frequency per hour per burden per Cost respondents of response annum response hours response

Household survey ...... 2,388 1 2,388 .58 1,385.04 $17.00 $23,545.68 Interviews with resident leaders ...... 5 1 5 1.5 7.5 17.00 127.50 Interviews with High-level informants: Lead grantees, City officials and staff ...... 45 1 45 1.5 67.5 42.30 2,855.25 Interviews with HUD staff ...... 18 1 18 1.5 27 75.82 2,047.14 Interviews with housing informants: Housing implementation lead, Housing developers, Public housing and affordable-housing property management staff ...... 54 1 54 1.5 81 35.39 2,866.59 Interviews with people informants: People implementation lead, Case management staff, Other service providers ...... 63 1 1 1.5 94.5 23.92 2,260.44 Interviews with education informants: Education implementation lead, education implementation staff 27 1 1 1.5 40.5 23.92 968.76 Interviews with Neighborhood informants: Imple- mentation lead, Local police precinct commanders, Local anchor institution staff, Commu- nity leaders ...... 63 1 1 1.5 94.5 35.52 3,356.64

Total ...... 2,663 ...... 1,797.54 ...... 38,028.00

B. Solicitation of Public Comment information described in Section A on proper performance of the functions of the following: the agency, including whether the This notice is soliciting comments from members of the public and affected (1) Whether the proposed collection information will have practical utility; parties concerning the collection of of information is necessary for the

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(2) If the information will be (OMB) for the information collection information collection for a period of 60 processed and used in a timely manner; described below. In accordance with the days was published on March 1, 2021, (3) The accuracy of the agency’s Paperwork Reduction Act, HUD is at 86 FR 12018. estimate of the burden of the proposed requesting comment from all interested A. Overview of Information Collection collection of information; parties on the proposed collection of (4) Ways to enhance the quality, information. The purpose of this notice Title of Information Collection: utility, and clarity of the information to is to allow for 30 days of public Veterans Housing Rehabilitation and be collected; and comment. Modification and Pilot Program. (5) Ways to minimize the burden of the collection of information on those DATES: Comments Due Date: May 26, OMB Approval Number: 2506–0213. who are to respond; including through 2021. Type of Request: Extension of the use of appropriate automated ADDRESSES: Interested persons are currently approved collection. collection techniques or other forms of invited to submit comments regarding Form Number: SF–424; HUD 424CB; information technology, e.g., permitting this proposal. Written comments and HUD 424–CBW; SF–LLL; HUD 2880; electronic submission of responses. recommendations for the proposed HUD 2990; HUD 2991; HUD 2993; HUD HUD encourages interested parties to information collection should be sent 2994A; HUD 27061; and HUD 27300. submit comment in response to these within 30 days of publication of this questions. _ Description of the need for the notice to OIRA submission@ information and proposed use: The C. Authority omb.eop.gov or www.reginfo.gov/public/ Veterans Housing Rehabilitation and do/PRAMain. Find this particular Section 3507 of the Paperwork Modification Pilot Program funding in information collection by selecting Reduction Act of 1995, 44 U.S.C. FY 2020 was provided under the ‘‘Currently under 30-day Review—Open chapter 35. Further Consolidated Appropriations for Public Comments’’ or by using the Act, 2020 (Pub. L. 116–94, approved Anna P. Guido, search function. December 20, 2019), the Consolidated Department Reports Management Officer, FOR FURTHER INFORMATION CONTACT: Appropriations Act of 2018 (Pub. L. Office of the Chief Information Officer. Anna P. Guido, Reports Management 115–141), and the Consolidated [FR Doc. 2021–08634 Filed 4–23–21; 8:45 am] Officer, QMAC, Department of Housing Appropriations Action, 2019 (Pub. L. BILLING CODE 4210–67–P and Urban Development, 451 7th Street 116–6). The purpose of VHRMP is to SW, Washington, DC 20410; email her at award grants to nonprofit veteran’s [email protected] or telephone service organizations to rehabilitate and DEPARTMENT OF HOUSING AND 202–402–5535. This is not a toll-free modify the primary residence of URBAN DEVELOPMENT number. Person with hearing or speech disabled and low-income veterans. The [Docket No. FR–7034–N–22] impairments may access this number program goal is to support eligible through TTY by calling the toll-free activities that serve the following 30-Day Notice of Proposed Information Federal Relay Service at (800) 877–8339. objectives: (1) Modify and rehabilitate Collection: Veterans Housing Copies of available documents the primary residence of disabled and Rehabilitation and Modification and submitted to OMB may be obtained low-income veterans; (2) rehabilitate Pilot Program; OMB Control No. 2506– from Ms. Guido. such residence that is in a state of 0213 SUPPLEMENTARY INFORMATION: This interior and exterior disrepair; and (3) AGENCY: Office of the Chief Information notice informs the public that HUD is install energy efficient features or Officer, HUD. seeking approval from OMB for the equipment. Information is required to ACTION: Notice. information collection described in rate and rank competitive applications Section A. and to ensure eligibility of applicants SUMMARY: HUD is seeking approval from The Federal Register notice that for funding. Quarterly reporting is the Office of Management and Budget solicited public comment on the required to monitor grant management.

Frequency of Number of Responses Burden hour Annual Hourly cost Information collection responses respondents per annum per response burden hours per hour Total

HUD–424CB ...... 200.00 1 200.00 2.60 520.00 $70.45 36,634.00 HUD–424CBW ...... 200.00 1 200.00 3.12 624.00 70.45 43,960.80 HUD–2880 ...... 200.00 1 200.00 2.00 400.00 70.45 28,180.00 HUD–2991 ...... 200.00 1 200.00 0.00 ...... 70.45 HUD–2993 ...... 200.00 1 200.00 0.00 ...... 70.45 HUD–2994A ...... 200.00 1 200.00 0.50 100.00 70.45 7,045.00 HUD–27061 ...... 200.00 1 200.00 0.50 100.00 70.45 7,045.00 HUD–27300 ...... 200.00 1 200.00 3.00 600.00 70.45 42,270.00

Total ...... 11.72 ...... 165,134.80

B. Solicitation of Public Comment (1) Whether the proposed collection (3) The accuracy of the agency’s of information is necessary for the estimate of the burden of the proposed This notice is soliciting comments proper performance of the functions of collection of information; from members of the public and affected the agency, including whether the (4) Ways to enhance the quality, parties concerning the collection of information will have practical utility; utility, and clarity of the information to information described in Section A on be collected; and the following: (2) If the information will be processed and used in a timely manner; (5) Ways to minimize the burden of the collection of information on those

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who are to respond; including through Eni Petroleum US LLC FOR FURTHER INFORMATION CONTACT: the use of appropriate automated Eni Oil US LLC Cathy Chen, Office of the General collection techniques or other forms of Eni Marketing Inc. Counsel, U.S. International Trade information technology, e.g., permitting Eni BB Petroleum Inc. Commission, 500 E Street SW, electronic submission of responses. Eni US Operating Co. Inc. Washington, DC 20436, telephone 202– HUD encourages interested parties to Eni BB Pipeline LLC 205–2392. Copies of non-confidential submit comment in response to these Group IV documents filed in connection with this questions. investigation may be viewed on the Equinor ASA Commission’s electronic docket (EDIS) C. Authority Equinor Gulf of Mexico LLC Equinor USA E&P Inc. at https://edis.usitc.gov. For help Section 3507 of the Paperwork Group V Exxon Mobil Corporation accessing EDIS, please email Reduction Act of 1995, 44 U.S.C. ExxonMobil Exploration Company [email protected]. General Chapter 35. information concerning the Commission Group VI Anna P. Guido, may also be obtained by accessing its Shell Oil Company internet server at https://www.usitc.gov. Department Reports Management Officer, Office of the Chief Information Officer. Shell Offshore Inc. Hearing-impaired persons are advised SWEPI LP that information on this matter can be [FR Doc. 2021–08095 Filed 4–23–21; 8:45 am] Shell Frontier Oil & Gas Inc. obtained by contacting the BILLING CODE 4210–67–P SOI Finance Inc. Commission’s TDD terminal on (202) Shell Gulf of Mexico Inc. 205–1810. DEPARTMENT OF THE INTERIOR Group VII SUPPLEMENTARY INFORMATION: Section Total E&P USA, Inc. 337 of the Tariff Act of 1930 provides Bureau of Ocean Energy Management Even if an entity does not appear on that, if the Commission finds a the above list, certain joint or single bids violation, it shall exclude the articles Notice on Outer Continental Shelf Oil submitted by such entity may be concerned from the United States: and Gas Lease Sales disqualified, and rejected, by BOEM if unless, after considering the effect of such AGENCY: Bureau of Ocean Energy that entity is chargeable for the prior exclusion upon the public health and Management, Interior. production period with an average daily welfare, competitive conditions in the United States economy, the production of like or ACTION: List of Restricted Joint Bidders. production in excess of 1.6 million barrels of crude oil, natural gas, and directly competitive articles in the United SUMMARY: Pursuant to the Bureau of natural gas liquids. See 30 CFR 556.512. States, and United States consumers, it finds Ocean Energy Management (BOEM) that such articles should not be excluded Authority: 42 U.S.C. 6213; and 30 CFR from entry. regulatory restrictions on joint bidding, 556.511–556.515. the Director of BOEM is publishing a 19 U.S.C. 1337(d)(1). A similar Amanda Lefton, List of Restricted Joint Bidders. Each provision applies to cease and desist entity within one of the following Director, Bureau of Ocean Energy orders. 19 U.S.C. 1337(f)(1). groups is restricted from bidding with Management. The Commission is soliciting any entity in any of the other following [FR Doc. 2021–08626 Filed 4–23–21; 8:45 am] submissions on public interest issues groups at Outer Continental Shelf oil BILLING CODE 4310–MR–P raised by the recommended relief and gas lease sales held during the should the Commission find a violation, bidding period of May 1, 2021, through specifically: A general exclusion order October 31, 2021. INTERNATIONAL TRADE COMMISSION directed to certain high-density fiber DATES: This List of Restricted Joint optic equipment and components Bidders covers the bidding period of [Investigation No. 337–TA–1194] thereof imported, sold for importation, May 1, 2021, through October 31, 2021, and/or sold after importation that and succeeds the prior list published on Certain High-Density Fiber Optic infringe claims 1 and 3 of U.S. Patent September 24, 2020 (85 FR 60266), Equipment and Components Thereof; No. 9,020,320; claims 11, 12, 14–16, 19, which covered the period of November Notice of Request for Submissions on 21, 27, and 28 of U.S. Patent No. 1, 2020, through April 30, 2021. the Public Interest 10,444,456; claims 9, 16, 23, and 26 of SUPPLEMENTARY INFORMATION: AGENCY: U.S. International Trade U.S. Patent No. 10,120,153; and claims List of Restricted Joint Bidders Commission. 22 and 23 of U.S. Patent No. 8,712,206; ACTION: Notice. and cease and desist orders directed to Group I the following eight respondents: (1) BP America Production Company SUMMARY: Notice is hereby given that on FS.com Inc. of New Castle, Delaware; (2) BP Exploration & Production Inc. March 23, 2021, the presiding Leviton Manufacturing Co., Inc. of BP Exploration (Alaska) Inc. administrative law judge (‘‘ALJ’’) issued Melville, New York; (3) Panduit an Initial Determination on Violation of Corporation of Tinley, Illinois; (4) Group II Section 337. The ALJ also issued a Huber+Suhner AG of Herisau, Chevron Corporation Recommended Determination on Switzerland; (5) Huber + Suhner, Inc. of Chevron U.S.A. Inc. remedy and bonding should a violation Charlotte, North Carolina; (6) Shenzhen Chevron Midcontinent, L.P. be found in the above-captioned Anfkom Telecom Co., Ltd. d/b/a Unocal Corporation investigation. The Commission is Anfkom Telecom of Shenzhen, China; Union Oil Company of California soliciting submissions on public interest (7) Shanghai TARLUZ Telecom Tech. Pure Partners, L.P. issues raised by the recommended relief Co., Ltd. d/b/a TARLUZ of Shanghai, should the Commission find a violation. China; and (8) Wulei Technology Co., Group III This notice is soliciting comments from Ltd. d/b/a Bonelinks of Shenzhen, Eni Petroleum Co. Inc. the public only. China. Parties are to file public interest

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submissions pursuant to 19 CFR Any person desiring to submit a (‘‘Commission’’) determines, pursuant 210.50(a)(4). document to the Commission in to the Tariff Act of 1930 (‘‘the Act’’), The Commission is interested in confidence must request confidential that an industry in the United States is further development of the record on treatment. All such requests should be materially injured by reason of imports the public interest in this investigation. directed to the Secretary to the of common alloy aluminum sheet from Accordingly, members of the public are Commission and must include a full Bahrain, Brazil, Croatia, Egypt, invited to file submissions of no more statement of the reasons why the Germany, India, Indonesia, Italy, Oman, than five (5) pages, inclusive of Commission should grant such Romania, Serbia, Slovenia, South attachments, concerning the public treatment. See 19 CFR 201.6. Documents Africa, Spain, Taiwan, and Turkey, interest in light of the ALJ’s for which confidential treatment by the provided for in subheadings 7606.11.30, Recommended Determination on Commission is properly sought will be 7606.11.60, 7606.12.30, 7606.12.60, Remedy and Bonding issued in this treated accordingly. All information, 7606.91.30, 7606.91.60, 7606.92.30, and investigation on March 23, 2021. including confidential business 7606.92.60 of the Harmonized Tariff Comments should address whether information and documents for which Schedule of the United States, that have issuance of the recommended remedial confidential treatment is properly been found by the U.S. Department of orders in this investigation, should the sought, submitted to the Commission for Commerce (‘‘Commerce’’) to be sold in Commission find a violation, would purposes of this Investigation may be the United States at less than fair value affect the public health and welfare in disclosed to and used: (i) By the (‘‘LTFV’’), and to be subsidized by the the United States, competitive Commission, its employees and Offices, governments of Bahrain, India, and conditions in the United States and contract personnel (a) for Turkey.23 economy, the production of like or developing or maintaining the records Background directly competitive articles in the of this or a related proceeding, or (b) in United States, or United States internal investigations, audits, reviews, The Commission instituted these consumers. and evaluations relating to the investigations effective March 9, 2020, In particular, the Commission is programs, personnel, and operations of following receipt of petitions filed with interested in comments that: the Commission including under 5 the Commission and Commerce by the (i) Explain how the articles U.S.C. Appendix 3; or (ii) by U.S. Aluminum Association Common Alloy potentially subject to the recommended government employees and contract Aluminum Sheet Working Group and its remedial orders are used in the United personnel, solely for cybersecurity Individual Members, Aleris Rolled States; purposes. All contract personnel will Products, Inc., Beachwood, Ohio; (ii) identify any public health, safety, sign appropriate nondisclosure Arconic, Inc., Bettendorf, Iowa; or welfare concerns in the United States agreements. All nonconfidential written Constellium Rolled Products relating to the recommended orders; submissions will be available for public Ravenswood, LLC, Ravenswood, West (iii) identify like or directly inspection on EDIS. Virginia; JW Aluminum Company, competitive articles that complainant, This action is taken under the Daniel Island, South Carolina; Novelis its licensees, or third parties make in the authority of section 337 of the Tariff Act Corporation, Atlanta, Georgia; and United States which could replace the of 1930, as amended (19 U.S.C. 1337), Texarkana Aluminum, Inc., Texarkana, subject articles if they were to be and in Part 210 of the Commission’s Texas. The final phase of the excluded; Rules of Practice and Procedure (19 CFR investigations was scheduled by the (iv) indicate whether complainant, part 210). Commission following notification of a preliminary determinations by complainant’s licensees, and/or third- By order of the Commission. party suppliers have the capacity to Commerce that imports of common Issued: April 20, 2021. alloy aluminum sheet from Bahrain, replace the volume of articles Lisa Barton, potentially subject to the recommended Brazil, India and Turkey were Secretary to the Commission. orders within a commercially subsidized within the meaning of reasonable time; and [FR Doc. 2021–08560 Filed 4–23–21; 8:45 am] section 703(b) of the Act (19 U.S.C. (v) explain how the recommended BILLING CODE 7020–02–P 1671b(b)) and imports of common alloy orders would impact consumers in the aluminum sheet from Bahrain, Brazil, United States. Croatia, Egypt, Germany, Greece, India, INTERNATIONAL TRADE Indonesia, Italy, Korea, Oman, Romania, Written submissions must be filed no COMMISSION later than by close of business on Serbia, Slovenia, South Africa, Spain, Monday, May 17, 2021. [Investigation Nos. 701–TA–639 and 641– Taiwan, and Turkey were sold at LTFV Persons filing written submissions 642 and 731–TA–1475–1479, 1481–1483, and within the meaning of 733(b) of the Act must file the original document 1485–1492 (Final)] (19 U.S.C. 1673b(b)). Notice of the electronically on or before the deadlines scheduling of the final phase of the Common Alloy Aluminum Sheet From Commission’s investigations and of a stated above. The Commission’s paper Bahrain, Brazil, Croatia, Egypt, filing requirements in 19 CFR 210.4(f) Germany, India, Indonesia, Italy, Oman, 2 The Commission also finds that imports subject are currently waived. 85 FR 15798 Romania, Serbia, Slovenia, South to Commerce’s affirmative critical circumstances (March 19, 2020). Submissions should Africa, Spain, Taiwan, and Turkey determination are not likely to undermine seriously refer to the investigation number (‘‘Inv. the remedial effect of the countervailing duty order No. 337–TA–1194’’) in a prominent Determinations on common alloy aluminum sheet from Turkey or the antidumping duty order on common alloy place on the cover page and/or the first On the basis of the record 1 developed aluminum sheet from Indonesia. page. (See Handbook for Electronic 3 in the subject investigations, the United The Commission terminated its countervailing Filing Procedures, https:// duty investigation on common alloy aluminum States International Trade Commission www.usitc.gov/documents/handbook_ sheet from Brazil and its antidumping duty _ _ investigations on common alloy aluminum sheet on filing procedures.pdf.). Persons with 1 The record is defined in § 207.2(f) of the from Greece and Korea (86 FR 14338, March 15, questions regarding filing should Commission’s Rules of Practice and Procedure (19 2021) following negative final determinations by contact the Secretary (202–205–2000). CFR 207.2(f)). Commerce.

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public hearing to be held in connection Electronic Document Information its licensees, or third parties make in the therewith was given by posting copies System (EDIS) at https://edis.usitc.gov. United States which could replace the of the notice in the Office of the For help accessing EDIS, please email subject articles if they were to be Secretary, U.S. International Trade [email protected]. excluded; Commission, Washington, DC, and by General information concerning the (iv) indicate whether complainant, publishing the notice in the Federal Commission may also be obtained by complainant’s licensees, and/or third Register on November 18, 2020 (85 FR accessing its internet server at United party suppliers have the capacity to 73511). In light of the restrictions on States International Trade Commission replace the volume of articles access to the Commission building due (USITC) at https://www.usitc.gov. The potentially subject to the requested to the COVID–19 pandemic, the public record for this investigation may exclusion order and/or a cease and Commission conducted its hearing be viewed on the Commission’s desist order within a commercially through written testimony and video Electronic Document Information reasonable time; and conference on March 2, 2021. All System (EDIS) at https://edis.usitc.gov. (v) explain how the requested persons who requested the opportunity Hearing-impaired persons are advised remedial orders would impact United were permitted to participate. that information on this matter can be States consumers. The Commission made these obtained by contacting the Written submissions on the public determinations pursuant to §§ 705(b) Commission’s TDD terminal on (202) interest must be filed no later than by and 735(b) of the Act (19 U.S.C. 205–1810. close of business, eight calendar days 1671d(b) and 19 U.S.C. 1673d(b)). It after the date of publication of this SUPPLEMENTARY INFORMATION: The completed and filed its determinations Commission has received a complaint notice in the Federal Register. There in these investigations on April 20, and a submission pursuant to § 210.8(b) will be further opportunities for 2021. The views of the Commission are of the Commission’s Rules of Practice comment on the public interest after the contained in USITC Publication 5182 and Procedure filed on behalf of issuance of any final initial (April 2021), entitled Common Alloy AliveCor, Inc. on April 20, 2021. The determination in this investigation. Any Aluminum Sheet from Bahrain, Brazil, complaint alleges violations of section written submissions on other issues Croatia, Egypt, Germany, India, 337 of the Tariff Act of 1930 (19 U.S.C. must also be filed by no later than the Indonesia, Italy, Oman, Romania, 1337) in the importation into the United close of business, eight calendar days Serbia, Slovenia, South Africa, Spain, States, the sale for importation, and the after publication of this notice in the Taiwan, and Turkey: Investigation Nos. Federal Register. Complainant may file 701–TA–639 and 641–642 and 731–TA– sale within the United States after importation of certain wearable replies to any written submissions no 1475–1479, 1481–1483 and 1485–1492 later than three calendar days after the (Final). electronic devices with ECG capability and components thereof. The date on which any initial submissions By order of the Commission. complainant names as respondent: were due. No other submissions will be Dated: April 20, 2021. Apple Inc. of Cupertino, CA. The accepted, unless requested by the Lisa Barton, complainant requests that the Commission. Any submissions and Secretary to the Commission. Commission issue a limited exclusion replies filed in response to this Notice are limited to five (5) pages in length, [FR Doc. 2021–08572 Filed 4–23–21; 8:45 am] order, cease and desist orders, and impose a bond upon respondent alleged inclusive of attachments. BILLING CODE 7020–02–P Persons filing written submissions infringing articles during the 60-day must file the original document Presidential review period pursuant to electronically on or before the deadlines INTERNATIONAL TRADE 19 U.S.C. 1337(j). stated above. Submissions should refer COMMISSION Proposed respondents, other to the docket number (‘‘Docket No. interested parties, and members of the 3545’’) in a prominent place on the Notice of Receipt of Complaint; public are invited to file comments on cover page and/or the first page. (See Solicitation of Comments Relating to any public interest issues raised by the Handbook for Electronic Filing the Public Interest complaint or § 210.8(b) filing. Procedures, Electronic Filing Comments should address whether AGENCY: U.S. International Trade Procedures 1). Please note the issuance of the relief specifically Commission. Secretary’s Office will accept only requested by the complainant in this ACTION: Notice. electronic filings during this time. investigation would affect the public Filings must be made through the SUMMARY: Notice is hereby given that health and welfare in the United States, Commission’s Electronic Document the U.S. International Trade competitive conditions in the United Information System (EDIS, https:// Commission has received a complaint States economy, the production of like edis.usitc.gov.) No in-person paper- entitled Certain Wearable Electronic or directly competitive articles in the based filings or paper copies of any Devices with ECG Capability and United States, or United States electronic filings will be accepted until Components Thereof, DN 3545; the consumers. further notice. Persons with questions Commission is soliciting comments on In particular, the Commission is regarding filing should contact the any public interest issues raised by the interested in comments that: Secretary at [email protected]. complaint or complainant’s filing (i) Explain how the articles Any person desiring to submit a pursuant to the Commission’s Rules of potentially subject to the requested document to the Commission in Practice and Procedure. remedial orders are used in the United confidence must request confidential FOR FURTHER INFORMATION CONTACT: States; Lisa treatment. All such requests should be (ii) identify any public health, safety, R. Barton, Secretary to the Commission, directed to the Secretary to the or welfare concerns in the United States U.S. International Trade Commission, Commission and must include a full 500 E Street SW, Washington, DC relating to the requested remedial 20436, telephone (202) 205–2000. The orders; 1 Handbook for Electronic Filing Procedures: public version of the complaint can be (iii) identify like or directly https://www.usitc.gov/documents/handbook_on_ accessed on the Commission’s competitive articles that complainant, filing_procedures.pdf.

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statement of the reasons why the issuance of the proposed registration on DEPARTMENT OF JUSTICE Commission should grant such or before May 26, 2021. Such persons treatment. See 19 CFR 201.6. Documents may also file a written request for a Drug Enforcement Administration for which confidential treatment by the hearing on the application on or before [OMB Number 1117–NEW] Commission is properly sought will be May 26, 2021. treated accordingly. All information, Agency Information Collection ADDRESSES: including confidential business Written comments should Activities; Proposed eCollection, information and documents for which be sent to: Drug Enforcement eComments Requested; New Proposed confidential treatment is properly Administration, Attention: DEA Federal Collection Exempt Chemical sought, submitted to the Commission for Register Representative/DPW, 8701 Preparations Application purposes of this Investigation may be Morrissette Drive, Springfield, Virginia disclosed to and used: (i) By the 22152. All requests for a hearing must AGENCY: Drug Enforcement Commission, its employees and Offices, be sent to: Drug Enforcement Administration, Department of Justice. and contract personnel (a) for Administration, Attn: Administrator, ACTION: 60-Day notice. developing or maintaining the records 8701 Morrissette Drive, Springfield, SUMMARY: The Drug Enforcement of this or a related proceeding, or (b) in Virginia 22152. All request for a hearing Administration (DEA), Department of internal investigations, audits, reviews, should also be sent to: (1) Drug Justice (DOJ), will be submitting the and evaluations relating to the Enforcement Administration, Attn: following information collection request programs, personnel, and operations of Hearing Clerk/OALJ, 8701 Morrissette the Commission including under 5 to the Office of Management and Budget Drive, Springfield, Virginia 22152; and (OMB) for review and approval in U.S.C. Appendix 3; or (ii) by U.S. (2) Drug Enforcement Administration, government employees and contract accordance with the Paperwork Attn: DEA Federal Register Reduction Act of 1995. personnel,2 solely for cybersecurity Representative/DPW, 8701 Morrissette DATES: Comments are encouraged and purposes. All nonconfidential written Drive, Springfield, Virginia 22152. submissions will be available for public will be accepted for 60 days until June inspection at the Office of the Secretary SUPPLEMENTARY INFORMATION: In 25, 2021. and on EDIS.3 accordance with 21 CFR 1301.34(a), this FOR FURTHER INFORMATION CONTACT: If This action is taken under the is notice that on March 15, 2021, you have comments on the estimated authority of section 337 of the Tariff Act Rhodes Technologies, 498 Washington public burden or associated response of 1930, as amended (19 U.S.C. 1337), Street, Coventry, Rhode Island 02816, time, suggestions, or need a copy of the and of §§ 201.10 and 210.8(c) of the applied to be registered as an importer proposed information collection Commission’s Rules of Practice and of the following basic class(es) of instrument with instructions or Procedure (19 CFR 201.10, 210.8(c)). controlled substance(s): additional information, please contact By order of the Commission. Scott A. Brinks, Diversion Control Drug Division, Drug Enforcement Issued: April 21, 2021. Controlled substance Schedule code Administration; Mailing Address: 8701 Lisa Barton, Tetrahydrocannabinols ...... 7370 I Morrissette Drive, Springfield, Virginia Secretary to the Commission. Methylphenidate ...... 1724 II 22152; Telephone: (571) 362–3261. [FR Doc. 2021–08654 Filed 4–23–21; 8:45 am] Oxycodone ...... 9143 II SUPPLEMENTARY INFORMATION: Written BILLING CODE 7020–02–P Hydromorphone ...... 9150 II comments and suggestions from the Hydrocodone ...... 9193 II Morphine ...... 9300 II public and affected agencies concerning Opium, Raw ...... 9600 II the proposed collection of information DEPARTMENT OF JUSTICE Oxymorphone ...... 9652 II are encouraged. Your comments should Poppy Straw Concentrate ...... 9670 II address one or more of the following Drug Enforcement Administration four points: [Docket No. DEA–827] The company plans to import Opium, —Evaluate whether the proposed Raw (9600), and Poppy Straw collection of information is necessary Importer of Controlled Substances Concentrate (9670) in order to bulk for the proper performance of the Application: Rhodes Technologies manufacture controlled substances in functions of the agency, including AGENCY: Drug Enforcement Active Pharmaceutical Ingredient (API) whether the information will have Administration, Department of Justice. form. The company distributes the practical utility; —Evaluate the accuracy of the agency’s ACTION: Notice of application. manufactured APIs in bulk to its customers. estimate of the burden of the proposed collection of information, SUMMARY: Rhodes Technologies has The company plans to import the applied to be registered as an importer including the validity of the other listed controlled substances for methodology and assumptions used; of basic class(es) of controlled internal reference standards use only. substance(s). Refer to Supplemental —Evaluate whether and if so how the The comparisons of foreign reference quality, utility, and clarity of the Information listed below for further standards to the company’s drug information. information proposed to be collected domestically manufactured API will can be enhanced; and DATES: Registered bulk manufacturers of allow the company to export —Minimize the burden of the collection the affected basic class(es), and domestically manufactured API to of information on those who are to applicants therefore, may file written foreign markets. respond, including through the use of comments on or objections to the appropriate automated, electronic, William T. McDermott, mechanical, or other forms of 2 All contract personnel will sign appropriate Assistant Administrator. nondisclosure agreements. information technology, e.g., [FR Doc. 2021–08539 Filed 4–23–21; 8:45 am] 3 Electronic Document Information System permitting electronic submission of (EDIS): https://edis.usitc.gov. BILLING CODE 4410–09–P responses.

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Overview of This Information 4. Affected public who will be asked does not present any significant Collection or required to respond, as well as a brief potential for abuse. In accordance with abstract: 21 CFR 1308.23(f), the Administrator (or 1. Type of Information Collection: Affected public: Business or other for- the Deputy Assistant Administrator), at New collection. profit. any time, may revoke or modify any 2. Title of the Form/Collection: Abstract: Pursuant to 21 U.S.C. exemption granted pursuant to 21 CFR Exempt Chemical Preparations 811(g)(3)(B), DEA (by delegation of 1308.23; modify or revoke the criteria by Application. authority from the Attorney General) which exemptions are granted; and may, by regulation, exempt from modify the scope of exemptions. 3. The agency form number, if any, specific provisions of the Controlled 5. An estimate of the total number of and the applicable component of the Substances Act (CSA) any compound, respondents and the amount of time Department sponsoring the collection: mixture, or preparation containing any estimated for an average respondent to N/A. The applicable component within controlled substance, which is not for respond: The below table presents the Department of Justice is the Drug administration to a human being or information regarding the number of Enforcement Administration, Diversion animal, and which is packaged in a respondents, responses and associated Control Division. certain manner, so that as packaged it burden hours.

Labor category Number % of time Cost

Chemist, GS–14, step 5 ...... 3 30 $200,967 Unit Chief, GS–14, step 5 ...... 1 5 11,165 Section Chief, GS–15, step 5 ...... 1 1 2,627

Total ...... 214,758

6. An estimate of the total public submitting the following information appropriate automated, electronic, burden (in hours) associated with the collection request to the Office of mechanical, or other technological proposed collection: DEA estimates that Management and Budget (OMB) for collection techniques or other forms this collection takes 2,093 annual review and approval in accordance with of information technology, e.g., burden hours. the Paperwork Reduction Act of 1995. permitting electronic submission of If additional information is required DATES: Comments are encouraged and responses. please contact: Melody Braswell, will be accepted for an additional 30 Overview of This Information Department Clearance Officer, United days until May 26, 2021. States Department of Justice, Justice Collection ADDRESSES: Written comments and Management Division, Policy and recommendations for the proposed (1) Type of Information Collection: Planning Staff, Two Constitution information collection should be sent Revision of a currently approved Square, 145 N Street NE, Suite 3E.405B, within 30 days of publication of this collection. Washington, DC 20530. notice to www.reginfo.gov/public/do/ (2) Title of the Form/Collection: Dated: April 21, 2021. PRAMain. Find this particular Federal Bureau of Investigation Melody Braswell, information collection by selecting Bioterrorism Preparedness Act: Entity/ ‘‘Currently under 30-day Review—Open Individual Information. Department Clearance Officer for PRA, U.S. (3) Agency form number, if any, and Department of Justice. for Public Comments’’ or by using the the applicable component of the search function. [FR Doc. 2021–08586 Filed 4–23–21; 8:45 am] Department sponsoring the collection: BILLING CODE 4410–09–P SUPPLEMENTARY INFORMATION: Written Agency form number: FD–961 comments and suggestions from the Sponsoring component: Criminal Justice public and affected agencies concerning DEPARTMENT OF JUSTICE Information Services Division, Federal the proposed collection of information Bureau of Investigation (FBI), are encouraged. Your comments should Federal Bureau of Investigation Department of Justice (DOJ). address one or more of the following (4) Affected public who will be asked [OMB Number 1110–0039] four points: or required to respond, as well as a brief —Evaluate whether the proposed abstract: Primary: City, county, state, Agency Information Collection collection of information is necessary federal, individuals, business or other Activities; Proposed eCollection; for the proper performance of the for profit, and not-for-profit institute. eComments Requested; Revision of a functions of the agency, including This collection is needed to receive Currently Approved Collection whether the information will have names and other identifying information Bioterrorism Preparedness Act: Entity/ practical utility; submitted by individuals requesting Individual Information —Evaluate the accuracy of the agencies access to specific agents or toxins, and AGENCY: Criminal Justice Information estimate of the burden of the consult with appropriate official of the Services Division, Federal Bureau of proposed collection of information, Department of Health and Human Investigation (FBI), Department of including the validity of the Services and the Department of Justice (DOJ). methodology and assumptions used; Agriculture as to whether certain ACTION: 30-Day notice. —Enhance the quality, utility, and individuals specified in the provisions clarity of the information to be should be denied access to or granted SUMMARY: The Criminal Justice collected; and limited access to specific agents. Information Services (CJIS) Division, —Minimize the burden of the collection (5) An estimate of the total number of Federal Bureau of Investigation (FBI), of information on those who are to respondents and the amount of time Department of Justice (DOJ), will be respond, including through the use of estimated for an average respondent to

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respond/reply: It is estimated that atf.gov, or by telephone at 202–648– respondents will use the form annually, approximately 3,655 (FY 2020) 9260. and it will take each respondent respondents at 1 hour and 30 minutes SUPPLEMENTARY INFORMATION: Written approximately 5 minutes to complete for the FD–961 form. comments and suggestions from the their responses. (6) An estimate of the total public public and affected agencies concerning 6. An estimate of the total public burden (in hours) associated with the the proposed collection of information burden (in hours) associated with the collection: Given that approximately are encouraged. Your comments should collection: The estimated annual public 5,483 hours, annual burden associated address one or more of the following burden associated with this collection is with this information collection. four points: 167 hours, which is equal to 2,000 (# of If additional information is required respondents) * .0833333 (5 minutes). contact: Melody Braswell, Department —Evaluate whether the proposed If additional information is required Clearance Officer, United States collection of information is necessary contact: Melody Braswell, Department Department of Justice, Justice for the proper performance of the Clearance Officer, United States Management Division, Policy and functions of the agency, including Department of Justice, Justice Planning Staff, Two Constitution whether the information will have Management Division, Policy and Square, 145 N Street NE, Suite 3E.405B, practical utility; Planning Staff, Two Constitution —Evaluate the accuracy of the agency’s Washington, DC 20530. Square, 145 N Street NE, 3E.405A, estimate of the burden of the Washington, DC 20530. Dated: April 21, 2021. proposed collection of information, Melody Braswell, including the validity of the Dated: April 21, 2021. Department Clearance Officer, PRA, U.S. methodology and assumptions used; Melody Braswell, Department of Justice. —Evaluate whether and if so how the Department Clearance Officer for PRA, U.S. [FR Doc. 2021–08583 Filed 4–23–21; 8:45 am] quality, utility, and clarity of the Department of Justice. BILLING CODE 4410–02–P information to be collected can be [FR Doc. 2021–08585 Filed 4–23–21; 8:45 am] enhanced; and BILLING CODE 4410–FY–P —Minimize the burden of the collection DEPARTMENT OF JUSTICE of information on those who are to respond, including through the use of DEPARTMENT OF JUSTICE [OMB Number 1140–NEW] appropriate automated, electronic, [OMB Number 1110–0074] mechanical, or other technological Agency Information Collection collection techniques or other forms Agency Information Collection Activities; Proposed eCollection of of information technology, e.g., Activities; Proposed eCollection; eComments Requested; New permitting electronic submission of eComments Requested; Extension, Information Collection; Authorization responses. Without Change, of a Previously for Release of Consumer/Credit Approved Collection FBI Hazardous Overview of This Information Information—ATF Form 8620.26 Devices School Course Application Collection AGENCY: Bureau of Alcohol, Tobacco, (FD–731) 1. Type of Information Collection Firearms and Explosives, Department of (check justification or form 83–I): New AGENCY: Critical Incident Response Justice. collection. Group, Hazardous Device School, ACTION: 60-Day notice. 2. The Title of the Form/Collection: Federal Bureau of Investigation, Authorization for Release of Consumer/ Department of Justice. SUMMARY: The Bureau of Alcohol, ACTION: 30-Day notice. Tobacco, Firearms and Explosives Credit Information. 3. The agency form number, if any, (ATF), Department of Justice (DOJ), will SUMMARY: and the applicable component of the The Department of Justice submit the following information Department sponsoring the collection: (DOJ), Federal Bureau of Investigation collection request to the Office of Form number (if applicable): ATF (FBI), Critical Incident Response Group Management and Budget (OMB) for Form 8620.26. (CIRG), Hazardous Devices School review and approval in accordance with Component: Bureau of Alcohol, (HDS) will be submitting the following the Paperwork Reduction Act of 1995. Tobacco, Firearms and Explosives, U.S. information collection request to the The proposed information collection Department of Justice. Office of Management and Budget (IC) is also being published to obtain 4. Affected public who will be asked (OMB) for review and approval in comments from the public and affected or required to respond, as well as a brief accordance with the Paperwork agencies. abstract: Reduction Act of 1995. The proposed DATES: Comments are encouraged and Primary: Individuals or households. information collection is published to will be accepted for 60 days until June Other (if applicable): None. obtain comments from the public and 25, 2021. Abstract: The Authorization for affected agencies. FOR FURTHER INFORMATION CONTACT: If Release of Consumer/Credit DATES: Comments are encourages and you have additional comments, Information—ATF Form 8620.26 will be will be accepted for an additional 30 regarding the estimated public burden used to determine if a candidate for day until May 26, 2021. or associated response time, Federal or contractor employment at the FOR FURTHER INFORMATION CONTACT: suggestions, or need a copy of the Bureau of Alcohol, Tobacco, Firearms Written comments and proposed information collection and Explosives (ATF), is compliant with recommendations for the proposed instrument with instructions, or Federal requirements relating to information collection should be sent additional information, please contact: financial obligations. within 30 days of publication of this Lakisha Gregory, Chief, Personnel 5. An estimate of the total number of notice to www.reginfo.gov/public/do/ Security Division either by mail at 99 respondents and the amount of time PRAMain. Find this particular New York Ave. NE, Washington, DC estimated for an average respondent to information collection by selecting 20226, by email at Lakisha.Gregory@ respond: An estimated 2,000 ‘‘Currently under 30-day Review—Open

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for Public Comments’’ or by using the Clearance Officer, United States —Evaluate the accuracy of the agency’s search function. Department of Justice, Justice estimate of the burden of the SUPPLEMENTARY INFORMATION: Written Management Division, Policy and proposed collection of information, comments and suggestions from the Planning Staff, Two Constitution including the validity of the public and affected agencies concerning Square, 145 N Street NE, Suite 3E.405B, methodology and assumptions used; the proposed collection of information Washington, DC 20530. —Evaluate whether, and if so, how the are encouraged. Your comments should Dated: April 21, 2021. quality, utility, and clarity of the address one or more of the following information to be collected can be Melody Braswell, enhanced; and four points: Department Clearance Officer, PRA, U.S. —Evaluate whether the proposed —Minimize the burden of the collection Department of Justice. of information on those who are to collection of information is necessary [FR Doc. 2021–08582 Filed 4–23–21; 8:45 am] for the proper performance of the respond, including through the use of BILLING CODE 4410–02–P functions of the agency, including appropriate automated, electronic, whether the information will have mechanical, or other technological collection techniques or other forms practical utility; DEPARTMENT OF JUSTICE —Evaluate the accuracy of the agencies of information technology, e.g., estimate of the burden of the Office of Justice Programs permitting electronic submission of proposed collection of information, responses. [OMB Number 1121–0292] including the validity of the Overview of This Information methodology and assumptions used; Agency Information Collection Collection —Enhance the quality, utility, and Activities: Proposed Collection; clarity of the information to be (1) Type of Information Collection: Comments Requested; Extension of collected; and Extension of a currently approved —Minimize the burden of the collection Currently Approved Collection: Survey collection. of information on those who are to of Sexual Victimization (SSV) (2) The Title of the Form/Collection: Survey of Sexual Victimization respond, including through the use of AGENCY: Bureau of Justice Statistics, [formerly the Survey of Sexual appropriate automated, electronic, Office of Justice Programs, Department mechanical, or other technological Violence]. of Justice. (3) The agency form number, if any, collection techniques or other forms ACTION: 60-Day notice. of information technology, e.g., and the applicable component of the permitting electronic submission of SUMMARY: The Bureau of Justice Department sponsoring the collection: responses. Statistics, Office of Justice Programs, Form numbers for the questionnaires are Department of Justice (DOJ), will be SSV–1, SSV–2, SSV–3, SSV–4, SSV–5, Overview of This Information submitting the following information SSV–6, SSV–IA, and SSV–IJ. The Collection collection request to the Office of applicable component within the (1) Type of Information Collection: Management and Budget (OMB) for Department of Justice is the Bureau of Approval of a new collection. review and approval in accordance with Justice Statistics, in the Office of Justice (2) Title of the Form/Collection: the Paperwork Reduction Act of 1995. Programs. (4) Affected public who will be asked Federal Bureau of Investigation DATES: Comments are encouraged and Hazardous Devices School Course or required to respond, as well as a brief will be accepted for 60 days until June abstract: Primary: State, Local, or Tribal Application. 25, 2021. (3) Agency form number, if any, and Government correctional facilities. FOR FURTHER INFORMATION CONTACT: If Other: Federal Government and the applicable component of the you have additional comments Department sponsoring the collection: business (privately operated especially on the estimated public correctional institutions, both for-profit Agency form number: FD–731. burden or associated response time, (4) Affected public who will be asked and not-for-profit). The data will be suggestions, or need a copy of the or required to respond, as well as a brief used to develop national estimates of proposed information collection abstract: Primary: This form is utilized the incidence and prevalence of sexual instrument with instructions or by the FBI, Hazardous Devices School to assault within correctional facilities, as additional information, please contact collection information needed during a well as characteristics of substantiated Laura Maruschak, Statistician, review process of the identification and incidents, as required under the Prison Corrections Statistics Unit, Bureau of qualification of prospective students, Rape Elimination Act of 2003 (Pub. L. Justice Statistics, 810 Seventh Street and to initiate a review of security 108–79). NW, Washington, DC 20531 (email: clearance status prior to being granted (5) An estimate of the total number of [email protected]; telephone: access to law enforcement sensitive and respondents and the amount of time 202–307–5986). classified facilities and information. estimated for an average respondent to (5) An estimate of the total number of SUPPLEMENTARY INFORMATION: Written respond: An estimate of the total respondents and the amount of time comments and suggestions from the number of respondents is 1,581 adult estimated for an average respondent to public and affected agencies concerning and juvenile correctional systems and respond/reply: It is estimated that 1000 the proposed collection of information facilities. (This estimate assumes a respondents will complete each form are encouraged. Your comments should response rate of 100%.) Federal and within approximately 45 minutes. address one or more of the following state correctional systems for adults and (6) An estimate of the total public four points: juveniles (102 respondents) will take an burden (in hours) associated with the —Evaluate whether the proposed estimated 60 minutes to complete the collection: There are an estimated 700 collection of information is necessary summary form; local, military, total annual burden hours associated for the proper performance of the Immigrations and Customs with this collection. functions of the Bureau of Justice Enforcement, tribal, and privately- If additional information is required Statistics, including whether the operated facilities (1,479 respondents) contact: Melody Braswell, Department information will have practical utility; will take an estimated 30 minutes to

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complete the summary form; and each of the immediate FIST project but Statistics (FIST) Program, the Bureau of incident form (an estimated 3,000 would affect the data FIST collects from Justice Statistics (BJS) obtains incident forms will be completed each various sources. information from state and local year, one for each incident that was DATES: Comments are encouraged and checking agencies responsible for substantiated) will take about 30 will be accepted for 30 days until May maintaining records on the number of minutes. The burden estimates are 26, 2021. background checks for firearm transfers based on data from the prior ADDRESSES: Written comments and or permits that were issued, processed, administration of the SSV. recommendations for the proposed tracked, or conducted during the (6) An estimate of the total public information collection should be sent calendar year. Specifically, state and burden (in hours) associated with the within 30 days of publication of this local checking agencies are asked to collection: There is an estimated 2,342 notice to www.reginfo.gov/public/do/ total burden hours per year associated provide information on the number of PRAMain. Find this particular with this collection, with a combined applications and denials for firearm information collection by selecting total of 7,026 for the three years. transfers received or tracked by the If additional information is required ‘‘Currently under 30-day Review—Open agency and reasons why applications contact: Melody Braswell, Department for Public Comments’’ or by using the were denied. BJS combines these data Clearance Officer, United States search function. with the Federal Bureau of Department of Justice, Justice SUPPLEMENTARY INFORMATION: Written Investigation’s (FBI) National Instant Management Division, Policy and comments and suggestions from the Criminal Background Check System Planning Staff, Two Constitution public and affected agencies concerning (NICS) transaction data to produce Square, 145 N Street NE, 3E.405A, the proposed collection of information comprehensive national statistics on Washington, DC 20530. are encouraged. Your comments should firearm applications and denials address one or more of the following Dated: April 21, 2021. resulting from the Brady Handgun four points: Melody Braswell, Violence Prevention Act of 1993 and —Evaluate whether the proposed Department Clearance Officer for PRA, U.S. similar state laws governing background Department of Justice. collection of information is necessary checks and firearm transfers. BJS also for the proper performance of the [FR Doc. 2021–08588 Filed 4–23–21; 8:45 am] plans to collect information from the functions of the Bureau of Justice Bureau of Alcohol, Tobacco, Firearms, BILLING CODE 4410–18–P Statistics, including whether the and Explosives (ATF) on denials information will have practical utility; screened and referred to ATF field DEPARTMENT OF JUSTICE —Evaluate the accuracy of the agency’s estimate of the burden of the offices for investigation and possible prosecution. BJS publishes FIST data on Office of Justice Programs proposed collection of information, including the validity of the the BJS website in statistical tables and [OMB Number 1121–0314] methodology and assumptions used; uses the information to respond to —Evaluate whether and if so how the inquiries from Congress, federal, state, Agency Information Collection and local government officials, Activities: Proposed Collection; quality, utility, and clarity of the researchers, students, the media, and Comments Requested; Reinstatement information to be collected can be of a Previously Approved Collection: enhanced; and other members of the general public Firearm Inquiry Statistics (FIST) —Minimize the burden of the collection interested in criminal justice statistics. Program of information on those who are to (5) An estimate of the total number of respond, including through the use of respondents and the amount of time AGENCY: Bureau of Justice Statistics, appropriate automated, electronic, estimated for an average respondent to Office of Justice Programs, Department mechanical, or other technological respond: A projected 1,073 respondents of Justice. collection techniques or other forms will take part in the 2019/2020 FIST ACTION: of information technology, e.g., 30-Day notice. data collection with an average of 30 permitting electronic submission of SUMMARY: The Bureau of Justice responses. minutes for each to complete the FIST Statistics (BJS), Office of Justice survey form. A projected 1,006 Programs, Department of Justice (DOJ), Overview of This Information respondents will take part in the 2021 will be submitting the following Collection and 2022 data collections with an information collection request to the (1) Type of Information Collection: average of 25 minutes for each to Office of Management and Budget Reinstatement of a previously approved complete the FIST survey form. (OMB) for review and approval in information collection for which (6) An estimate of the total public accordance with the Paperwork approval has expired. burden (in hours) associated with the Reduction Act of 1995. The proposed (2) The Title of the Form/Collection: collection: The estimated public burden information collection was previously 2019–2022 Firearm Inquiry Statistics hours associated with this collection is published in the Federal Register. BJS Program. 537 hours for the 2019/2020 data received one comment in response. The (3) The agency form number, if any, collection and 419 hours annually for comment supported reinstatement of the and the applicable component of the the 2021 and 2022 data collections. FIST collection. It also suggested that Department sponsoring the collection: FIST could collect information on how The form number is FIST–1. The If additional information is required often firearms are transferred without a applicable component within the contact: Melody Braswell, Department passed background check due to checks Department of Justice is the Bureau of Clearance Officer, United States not being completed in the allowable Justice Statistics, Office of Justice Department of Justice, Justice time. However, information on this may Programs. Management Division, Policy and be found in NICS Operations Reports. (4) Affected public who will be asked Planning Staff, Two Constitution The comment also suggested a study of or required to respond, as well as a brief Square, 145 N Street NE, 3E.405A, NICS data flow that is outside the scope abstract: Through the Firearm Inquiry Washington, DC 20530.

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Dated: April 21, 2021. ‘‘Currently under 30-day Review—Open and the measures people take to avoid Melody Braswell, for Public Comments’’ or by using the or minimize their risk of becoming an Department Clearance Officer for PRA, U.S. search function. Your comments should identity theft victim. BJS plans to Department of Justice. address one or more of the following publish this information in reports and [FR Doc. 2021–08587 Filed 4–23–21; 8:45 am] four points: reference it when responding to queries BILLING CODE 4410–18–P —Evaluate whether the proposed from the U.S. Congress, Executive Office collection of information is necessary of the President, the U.S. Supreme for the proper performance of the Court, state officials, international DEPARTMENT OF JUSTICE functions of the Bureau of Justice organizations, researchers, students, the Statistics, including whether the media, and others interested in criminal Office of Justice Programs information will have practical utility; justice statistics. [OMB Number 1121–0317] —Evaluate the accuracy of the agency’s (5) An estimate of the total number of estimate of the burden of the respondents and the amount of time Agency Information Collection proposed collection of information, estimated for an average respondent to Activities; Proposed eCollection including the validity of the respond: An estimate of the total eComments Requested; methodology and assumptions used; number of respondents is 104,910. An Reinstatement, With Change, of a —Evaluate whether and if so how the estimated 90.2% of respondents Previously Approved Collection for quality, utility, and clarity of the (94,630) are estimated to report no Which Approval has Expired: 2021 information to be collected can be identity theft and will complete the ITS Identity Theft Supplement (ITS) enhanced; and screener and follow-up questions with —Minimize the burden of the collection an average burden of about eight AGENCY: Bureau of Justice Statistics, of information on those who are to minutes. Among the 9.8% of Office of Justice Programs, Department respond, including through the use of respondents (10,280) who are expected of Justice. appropriate automated, electronic, to experience at least one incident of ACTION: 30-Day notice. mechanical, or other technological identity theft during the reference collection techniques or other forms period, the time to ask the screener, SUMMARY: The Bureau of Justice of information technology, e.g., incident, and follow-up questions of Statistics, Office of Justice Programs, permitting electronic submission of identity theft is estimated to take an Department of Justice (DOJ), will be responses. average of fifteen minutes. Respondents submitting the following information will be asked to respond to this survey collection request to the Office of Overview of This Information only once during the six-month period. Management and Budget (OMB) for Collection The burden estimate is based on data review and approval in accordance with from actual interview times from the the Paperwork Reduction Act of 1995. (1) Type of Information Collection: Reinstatement of the Identity Theft 2018 ITS, an analysis of the 2021 ITS The proposed information collection questionnaire changes and mock was previously published in the Federal Supplement, with changes, a previously approved collection for which approval interviews done with the 2021 Register. Following publication of the questionnaire. 60-day notice, the Bureau of Justice has expired. (2) The Title of the Form/Collection: (6) An estimate of the total public Statistics received no requests for the burden (in hours) associated with the survey instrument and two 2021 Identity Theft Supplement. (3) The agency form number, if any, collection: There are an estimated communications containing suggestions 15,185 total burden hours associated for revisions to the collection of data and the applicable component of the Department sponsoring the collection: with this collection. and regarding the administration of the If additional information is required The form number for the questionnaire instrument, which are addressed in contact: Melody Braswell, Department is ITS–1. The applicable component Supporting Statement Part A. Clearance Officer, United States within the Department of Justice is the DATES Department of Justice, Justice : Comments are encouraged and Bureau of Justice Statistics, in the Office Management Division, Policy and will be accepted for 30 days until May of Justice Programs. 26, 2021. (4) Affected public who will be asked Planning Staff, Two Constitution FOR FURTHER INFORMATION CONTACT: If or required to respond, as well as a brief Square, 145 N Street NE, 3E.405A, you have additional comments abstract: Respondents will be persons Washington, DC 20530. especially on the estimated public 16 years or older living in households Dated: April 21, 2021. burden or associated response time, located throughout the United States Melody Braswell, suggestions, or need a copy of the sampled for the National Crime Department Clearance Officer for PRA, U.S. proposed information collection Victimization Survey (NCVS). The ITS Department of Justice. instrument with instructions or will be conducted as a supplement to [FR Doc. 2021–08584 Filed 4–23–21; 8:45 am] additional information, please contact the NCVS in all sample households for BILLING CODE 4410–18–P Erika Harrell, Statistician, Bureau of a six (6) month period. The ITS is Justice Statistics, 810 Seventh Street primarily an effort to measure the NW, Washington, DC 20531 (email: prevalence of identity theft among NATIONAL AERONAUTICS AND [email protected]; telephone: persons, the characteristics of identity SPACE ADMINISTRATION 202–307–0758). theft victims, and patterns of reporting SUPPLEMENTARY INFORMATION: Written to the police, credit bureaus, and other [Notice: (21–026)] comments and recommendations for the authorities. The ITS was also designed Notice of Intent To Grant an Exclusive, proposed information collection should to collect important characteristics of Co-Exclusive or Partially Exclusive be sent within 30 days of publication of identity theft such as how the victim’s Patent License this notice to www.reginfo.gov/public/ personal information was obtained; the do/PRAMain. Find this particular physical, emotional and financial AGENCY: National Aeronautics and information collection by selecting impact on victims; offender information; Space Administration.

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ACTION: Notice of intent to grant Information about other NASA available information related to this exclusive, co-exclusive or partially inventions available for licensing can be action by any of the following methods: exclusive patent license. found online at http:// • Federal Rulemaking Website: Go to technology.nasa.gov. https://www.regulations.gov and search SUMMARY: NASA hereby gives notice of for Docket ID NRC–2020–0193. its intent to grant an exclusive, co- Helen Galus, • NRC’s Agencywide Documents exclusive or partially exclusive patent Agency Counsel for Intellectual Property. Access and Management System license to practice the inventions [FR Doc. 2021–08621 Filed 4–23–21; 8:45 am] (ADAMS): You may obtain publicly described and claimed in the patents BILLING CODE 7510–13–P available documents online in the and/or patent applications listed in ADAMS Public Documents collection at SUPPLEMENTARY INFORMATION below. https://www.nrc.gov/reading-rm/ DATES: The prospective exclusive, co- NUCLEAR REGULATORY adams.html. To begin the search, select exclusive or partially exclusive license COMMISSION ‘‘Begin Web-based ADAMS Search.’’ For may be granted unless NASA receives problems with ADAMS, please contact written objections including evidence [NRC–2020–0193] the NRC’s Public Document Room (PDR) and argument, no later than May 11, reference staff at 1–800–397–4209, 301– 2021 that establish that the grant of the Information Collection: Criteria and 415–4737, or by email to pdr.resource@ license would not be consistent with the Procedures for Emergency Access to nrc.gov. The supporting statement is requirements regarding the licensing of Non-Federal and Regional Low-Level available in ADAMS under Accession federally owned inventions as set forth Waste Disposal Facilities No. ML21098A047. in the Bayh-Dole Act and implementing AGENCY: Nuclear Regulatory • regulations. Competing applications Attention: The PDR, where you may Commission. completed and received by NASA no examine and order copies of public later than May 11, 2021 will also be ACTION: Notice of submission to the documents, is currently closed. You treated as objections to the grant of the Office of Management and Budget; may submit your request to the PDR via contemplated exclusive, co-exclusive or request for comment. email at [email protected] or call 1– partially exclusive license. Objections 800–397–4209 or 301–415–4737, SUMMARY: The U.S. Nuclear Regulatory submitted in response to this notice will between 8:00 a.m. and 4:00 p.m. (EST), Commission (NRC) has recently not be made available to the public for Monday through Friday, except Federal submitted a request for renewal of an inspection and, to the extent permitted holidays. existing collection of information to the • by law, will not be released under the NRC’s Clearance Officer: A copy of Office of Management and Budget Freedom of Information Act. the collection of information and related Objections and Further Information: (OMB) for review. The information instructions may be obtained without Written objections relating to the collection is entitled, ‘‘Criteria and charge by contacting the NRC’s prospective license or requests for Procedures for Emergency Access to Clearance Officer, David Cullison, further information may be submitted to Non-Federal and Regional Low-Level Office of the Chief Information Officer, Agency Counsel for Intellectual Waste Disposal Facilities.’’ U.S. Nuclear Regulatory Commission, Property, NASA Headquarters at Email: DATES: Submit comments by May 26, Washington, DC 20555–0001; telephone: [email protected]. For 2021. Comments received after this date 301–415–2084; email: questions: Phone (202) 358–3437. will be considered if it is practical to do [email protected]. so, but the Commission is able to ensure SUPPLEMENTARY INFORMATION: NASA B. Submitting Comments intends to grant an exclusive, co- consideration only for comments exclusive, or partially exclusive patent received on or before this date. The NRC encourages electronic license in the United States to practice ADDRESSES: Written comments and comment submission through the the inventions described and claimed recommendations for the proposed Federal Rulemaking website (https:// in: U.S. Patent No. 8,492,160, Biomarker information collection should be sent www.regulations.gov). Please include Sensors and Method for Multi-color within 30 days of publication of this Docket ID NRC–2020–0193 in your imaging and Processing of Single- notice to https://www.reginfo.gov/ comment submission. molecule Life Signatures to public/do/PRAMain. Find this The NRC cautions you not to include Healthmetryx, Inc., having its principal particular information collection by identifying or contact information in place of business in Boston, selecting ‘‘Currently under Review— comment submissions that you do not Massachusetts. The fields of use may be Open for Public Comments’’ or by using want to be publicly disclosed in your limited. NASA has not yet made a final the search function. comment submission. All comment submissions are posted at https:// determination to grant the requested FOR FURTHER INFORMATION CONTACT: license and may deny the requested David Cullison, NRC Clearance Officer, www.regulations.gov/ and entered into license even if no objections are U.S. Nuclear Regulatory Commission, ADAMS. Comment submissions are not submitted within the comment period. Washington, DC 20555–0001; telephone: routinely edited to remove identifying This notice of intent to grant an 301–415–2084; email: or contact information. exclusive, co-exclusive or partially [email protected]. If you are requesting or aggregating exclusive patent license is issued in comments from other persons for accordance with 35 U.S.C. 209(e) and 37 SUPPLEMENTARY INFORMATION: submission to the OMB, then you CFR 404.7(a)(1)(i). The patent rights in I. Obtaining Information and should inform those persons not to these inventions have been assigned to Submitting Comments include identifying or contact the United States of America as information that they do not want to be represented by the Administrator of the A. Obtaining Information publicly disclosed in their comment National Aeronautics and Space Please refer to Docket ID NRC–2020– submission. Your request should state Administration. The prospective license 0193 when contacting the NRC about that comment submissions are not will comply with the requirements of 35 the availability of information for this routinely edited to remove such U.S.C. 209 and 37 CFR 404.7. action. You may obtain publicly information before making the comment

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submissions available to the public or For the Nuclear Regulatory Commission. I. Obtaining Information and entering the comment into ADAMS. David C. Cullison, Submitting Comments II. Background NRC Clearance Officer, Office of the Chief A. Obtaining Information Information Officer. Under the provisions of the [FR Doc. 2021–08619 Filed 4–23–21; 8:45 am] Please refer to Docket ID NRC–2021– Paperwork Reduction Act of 1995 (44 BILLING CODE 7590–01–P 0071 when contacting the NRC about U.S.C. Chapter 35), the NRC recently the availability of information for this submitted a proposed collection of action. You may obtain publicly information to OMB for review entitled, NUCLEAR REGULATORY available information related to this ‘‘Criteria and Procedures for Emergency COMMISSION action by any of the following methods: • Access to Non-Federal and Regional Federal Rulemaking Website: Go to Low-Level Waste Disposal Facilities.’’ [NRC–2021–0071] https://www.regulations.gov/ and search for Docket ID NRC–2021–0071. A copy The NRC hereby informs potential Information Collection: Requests to respondents that an agency may not of the collection of information and Agreement States and Non-Agreement related instructions may be obtained conduct or sponsor, and that a person is States for Information not required to respond to, a collection without charge by accessing Docket ID NRC–2021–0071 on this website. of information unless it displays a AGENCY: Nuclear Regulatory • currently valid OMB control number. Commission. NRC’s Agencywide Documents The NRC published a Federal Access and Management System ACTION: Renewal of existing information (ADAMS): You may obtain publicly Register notice with a 60-day comment collection; request for comment. period on this information collection on available documents online in the December 23, 2020, (85 FR 84012). SUMMARY: The U.S. Nuclear Regulatory ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ 1. The title of the information Commission (NRC) invites public adams.html. To begin the search, select collection: Part 62 of title 10 of the Code comment on the renewal of Office of ‘‘Begin Web-based ADAMS Search.’’ For of Federal Regulations (10 CFR), Management and Budget (OMB) problems with ADAMS, please contact ‘‘Criteria and Procedures for Emergency approval for an existing collection of the NRC’s Public Document Room (PDR) Access to Non-Federal and Regional information. The information collection reference staff at 1–800–397–4209, 301– Low-Level Waste Disposal Facilities.’’ is entitled, ‘‘Requests to Agreement 415–4737, or by email to pdr.resource@ 2. OMB approval number: 3150–0143. States and Non-Agreement States for Information.’’ nrc.gov. The supporting statement is 3. Type of submission: Extension. available in ADAMS under Accession 4. The form number if applicable: Not DATES: Submit comments by June 25, No. ML21074A317. applicable. 2021. Comments received after this date • Attention: The PDR, where you may 5. How often the collection is required will be considered if it is practical to do examine and order copies of public or requested: On occasion. so, but the Commission is able to ensure documents, is currently closed. You 6. Who will be required or asked to consideration only for comments may submit your request to the PDR via respond: Any low-level waste generator received on or before this date. email at [email protected] or call 1– or governor of a State on behalf of ADDRESSES: You may submit comments 800–397–4209 or 301–415–4737, generators seeking emergency access to by any of the following methods; between 8:00 a.m. and 4:00 p.m. (EST), an operating low-level waste disposal however, the NRC encourages electronic Monday through Friday, except Federal facility or an exemption from the comment submission through the holidays. requirements in 10 CFR part 62. Federal Rulemaking website: • NRC’s Clearance Officer: A copy of 7. The estimated number of annual • Federal Rulemaking Website: Go to the collection of information and related responses: 2. https://www.regulations.gov and search instructions may be obtained without 8. The estimated number of annual for Docket ID NRC–2021–0071. For charge by contacting the NRC’s respondents: 1. technical questions, contact the Clearance Officer, David Cullison, 9. An estimate of the total number of individual listed in the FOR FURTHER Office of the Chief Information Officer, hours needed annually to comply with INFORMATION CONTACT section of this U.S. Nuclear Regulatory Commission, the information collection requirement document. Washington, DC 20555–0001; telephone: or request: 233. • Mail comments to: David Cullison, 301–415–2084; email: 10. Abstract: 10 CFR part 62 sets out Office of the Chief Information Officer, [email protected]. the information that must be provided Mail Stop: T–6 A10M, U.S. Nuclear B. Submitting Comments to the NRC by any low-level waste Regulatory Commission, Washington, DC 20555–0001. The NRC encourages electronic generator or governor of a State on comment submission through the behalf of generators seeking emergency For additional direction on obtaining information and submitting comments, Federal Rulemaking website (https:// access to an operating low-level waste www.regulations.gov). Please include disposal facility. The information is see ‘‘Obtaining Information and Submitting Comments’’ in the Docket ID NRC–2021–0071 in your required to allow the NRC to determine comment submission. if denial of disposal constitutes a SUPPLEMENTARY INFORMATION section of this document. The NRC cautions you not to include serious and immediate threat to public identifying or contact information in health and safety or common defense FOR FURTHER INFORMATION CONTACT: comment submissions that you do not and security. 10 CFR part 62 also David Cullison, Office of the Chief want to be publicly disclosed in your provides that the Commission may grant Information Officer, U.S. Nuclear comment submission. All comment an exemption from the requirements in Regulatory Commission, Washington, submissions are posted at https:// this part upon application of an DC 20555–0001; telephone: 301–415– www.regulations.gov/ and entered into interested person or upon its own 2084; email: Infocollects.Resource@ ADAMS. Comment submissions are not initiative. nrc.gov. routinely edited to remove identifying Dated: April 21, 2021. SUPPLEMENTARY INFORMATION: or contact information.

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If you are requesting or aggregating III. Specific Requests for Comments Schedule 1 of E.O. 13970 provides the comments from other persons for The NRC is seeking comments that rates for the 2021 General Schedule (GS) submission to the OMB, then you address the following questions: and reflects a 1.0 percent increase from should inform those persons not to 1. Is the proposed collection of 2020. Executive Order 13970 also include identifying or contact information necessary for the NRC to includes the percentage amounts of the information that they do not want to be properly perform its functions? Does the 2021 locality payments, which remain at 2020 levels. (See Section 5 and publicly disclosed in their comment information have practical utility? Schedule 9 of Executive Order 13970.) submission. Your request should state 2. Is the estimate of the burden of the that comment submissions are not General Schedule employees receive information collection accurate? locality payments under 5 U.S.C. 5304. routinely edited to remove such 3. Is there a way to enhance the information before making the comment Locality payments apply in the United quality, utility, and clarity of the States (as defined in 5 U.S.C. 5921(4)) submissions available to the public or information to be collected? entering the comment into ADAMS. and its territories and possessions. In 4. How can the burden of the 2021, locality payments ranging from II. Background information collection on respondents 15.95 percent to 41.44 percent apply to In accordance with the Paperwork be minimized, including the use of GS employees in the 54 locality pay Reduction Act of 1995 (44 U.S.C. automated collection techniques or areas. The 2021 locality pay area Chapter 35), the NRC is requesting other forms of information technology? definitions can be found at: https:// public comment on its intention to Dated: April 21, 2021. www.opm.gov/policy-data-oversight/ request the OMB’s approval for the For the Nuclear Regulatory Commission. pay-leave/salaries-wages/2021/locality- information collection summarized David C. Cullison, pay-area-definitions/. below. NRC Clearance Officer, Office of the Chief The 2021 locality pay percentages 1. The title of the information Information Officer. became effective the first day of the first collection: ‘‘Requests to Agreement [FR Doc. 2021–08653 Filed 4–23–21; 8:45 am] pay period beginning on or after January 1, 2021 (January 3, 2021). An States and Non-Agreement States for BILLING CODE 7590–01–P Information.’’ employee’s locality rate of pay is 2. OMB approval number: 3150–0029. computed by increasing his or her 3. Type of submission: Revision. scheduled annual rate of pay (as defined 4. The form number, if applicable: OFFICE OF PERSONNEL in 5 CFR 531.602) by the applicable Not applicable. MANAGEMENT locality pay percentage. (See 5 CFR 5. How often the collection is required 531.604 and 531.609.) or requested: One-time, on occasion. January 2021 Pay Schedules Executive Order 13970 establishes the 6. Who will be required or asked to AGENCY: Office of Personnel new Executive Schedule (EX), which respond: 50 states, the District of Management. incorporates a 1.0 percent increase Columbia, and Puerto Rico. required under 5 U.S.C. 5318 (rounded 7. The estimated number of annual ACTION: Notice. to the nearest $100). By law, Executive responses: 1,965. SUMMARY: The President adjusted the Schedule officials are not authorized to 8. The estimated number of annual rates of basic pay and locality payments receive locality payments. respondents: 52. Executive Order 13970 establishes the for certain Federal civilian employees 9. The estimated number of hours 2021 range of rates of basic pay for effective in January 2021. The Executive needed annually to comply with the members of the Senior Executive order authorizes a 1.0 percent across- information collection requirement or Service (SES) under 5 U.S.C. 5382. The the-board increase for statutory pay request: 15,720. minimum rate of basic pay for the SES systems and provides that locality 10. Abstract: The NRC is requesting is $132,552 in 2021. The maximum rate percentages will remain at 2020 levels. OMB approval of a plan for a generic of the SES rate range is $199,300 (level This notice serves as documentation for collection of information. The need and II of the Executive Schedule) for SES the public record. practicality of the collection can be members who are covered by a certified evaluated, but the details of the specific FOR FURTHER INFORMATION CONTACT: SES performance appraisal system and individual collections will not be Kristen Foy, Pay and Leave, Employee $183,300 (level III of the Executive known until a later time. The Services, Office of Personnel Schedule) for SES members who are not Agreement States and non-Agreement Management; (202) 606–4194 or pay- covered by a certified SES performance States will be asked on a one-time or as [email protected]. appraisal system. needed basis to respond to a specific SUPPLEMENTARY INFORMATION: On The minimum rate of basic pay for the incident, to gather information on December 31, 2020, the President signed senior-level (SL) and scientific and licensing and inspection practices or Executive Order (E.O.) 13970 (86 FR professional (ST) rate range was other technical information, or to 421), which implemented pay increased by 1.0 percent ($132,552 in provide comments on proposed policy adjustments for certain Federal civilian 2021), which is the amount of the and program updates. The results of employees in January 2021. This is across-the-board GS increase. The such information requests, which are consistent with the President’s applicable maximum rate of the SL/ST authorized under Section 274(b) of the alternative pay plan issued under 5 rate range is $199,300 (level II of the Atomic Energy Act, will be utilized in U.S.C. 5303(b) and 5304a on February Executive Schedule) for SL or ST part by the NRC in preparing responses 10, 2020. The pay rates in E.O. 13901 employees who are covered by a to Congressional inquiries. In addition, have been superseded. certified SL/ST performance appraisal the information can assist the The publication of this notice satisfies system and $183,300 (level III of the Commission in its considerations and the requirement in Section 5(b) of E.O. Executive Schedule) for SL or ST decisions involving Atomic Energy Act 13970 that the Office of Personnel employees who are not covered by a materials programs in an effort to make Management (OPM) publish appropriate certified SL/ST performance appraisal the national nuclear materials program notice of the 2021 locality payments in system. Agencies with certified more uniform and consistent. the Federal Register. performance appraisal systems for SES

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members and employees in SL and ST oversight/pay-leave/salaries-wages/ request(s) may propose the addition or positions must also apply a higher 2020/extension-of-locality-pay-memo- removal of a negotiated service aggregate limitation on pay—up to the for-non-gs-employees-2021.pdf. agreement from the market dominant or Vice President’s salary ($255,800 in On January 1, 2021, OPM issued a the competitive product list, or the 2021.) memorandum (CPM 2021–01) on the modification of an existing product Note that section 748 of division E of 2021 pay adjustments. (See https:// currently appearing on the market the Consolidated Appropriations Act, www.chcoc.gov/content/january-2021- dominant or the competitive product 2021 (Pub. L. 116–260, December 27, pay-adjustments.) The memorandum list. 2020), contains a provision that transmitted Executive Order 13970 and continues the pay freeze on the payable provided the 2021 salary tables, locality Section II identifies the docket pay rates for the Vice President and pay areas and percentages, and number(s) associated with each Postal certain senior political appointees at the information on general pay Service request, the title of each Postal rates of pay and applicable limitations administration matters and other related Service request, the request’s acceptance on payable rates of pay in effect on guidance. The ‘‘2021 Salary Tables’’ date, and the authority cited by the December 31, 2020, by operation of posted on OPM’s website at http:// Postal Service for each request. For each section 749 of division C of Public Law www.opm.gov/policy-data-oversight/ request, the Commission appoints an 116–93 (December 20, 2019). The pay-leave/salaries-wages/ are the official officer of the Commission to represent section 748 pay freeze is scheduled to rates of pay for affected employees and the interests of the general public in the end on the last day of the last pay are hereby incorporated as part of this proceeding, pursuant to 39 U.S.C. 505 period that begins in calendar year 2021 notice. (Public Representative). Section II also (i.e., January 1, 2022, for those on the Office of Personnel Management. establishes comment deadline(s) standard biweekly pay period cycle). pertaining to each request. Future Congressional action will Alexys Stanley, determine whether the pay freeze Regulatory Affairs Analyst. The public portions of the Postal continues beyond that date. OPM [FR Doc. 2021–08656 Filed 4–23–21; 8:45 am] Service’s request(s) can be accessed via guidance on the 2021 pay freeze for BILLING CODE 6325–39–P the Commission’s website (http:// certain senior political officials can be www.prc.gov). Non-public portions of found in CPM 2021–04 at https:// the Postal Service’s request(s), if any, www.chcoc.gov/content/continued-pay- POSTAL REGULATORY COMMISSION can be accessed through compliance freeze-certain-senior-political-officials- with the requirements of 39 CFR [Docket Nos. MC2021–86 and CP2021–89] 4. 3011.301.1 Executive Order 13970 provides that New Postal Products The Commission invites comments on the rates of basic pay for administrative whether the Postal Service’s request(s) law judges (ALJs) under 5 U.S.C. 5372 AGENCY: Postal Regulatory Commission. in the captioned docket(s) are consistent are increased by 1.0 percent (rounded to ACTION: Notice. the nearest $100) in 2021. The rate of with the policies of title 39. For basic pay for AL–1 is $172,500 SUMMARY: The Commission is noticing a request(s) that the Postal Service states (equivalent to the rate for level IV of the recent Postal Service filing for the concern market dominant product(s), Executive Schedule). The rate of basic Commission’s consideration concerning applicable statutory and regulatory pay for AL–2 is $168,200. The rates of a negotiated service agreement. This requirements include 39 U.S.C. 3622, 39 basic pay for AL–3/A through 3/F range notice informs the public of the filing, U.S.C. 3642, 39 CFR part 3030, and 39 from $115,100 to $159,400. invites public comment, and takes other CFR part 3040, subpart B. For request(s) The rates of basic pay for members of administrative steps. that the Postal Service states concern Contract Appeals Boards are calculated DATES: Comments are due: April 28, competitive product(s), applicable as a percentage of the rate for level IV 2021. statutory and regulatory requirements of the Executive Schedule. (See 5 U.S.C. include 39 U.S.C. 3632, 39 U.S.C. 3633, ADDRESSES: Submit comments 5372a.) Therefore, these rates of basic 39 U.S.C. 3642, 39 CFR part 3035, and pay are increased by 1.0 percent in electronically via the Commission’s Filing Online system at http:// 39 CFR part 3040, subpart B. Comment 2021. deadline(s) for each request appear in On November 27, 2020, OPM issued www.prc.gov. Those who cannot submit section II. a memorandum on behalf of the comments electronically should contact President’s Pay Agent (the Secretary of the person identified in the FOR FURTHER II. Docketed Proceeding(s) Labor and the Directors of the Office of INFORMATION CONTACT section by Management and Budget and OPM) that telephone for advice on filing 1. Docket No(s).: MC2021–86 and continues GS locality payments for ALJs alternatives. CP2021–89; Filing Title: USPS Request and certain other non-GS employee FOR FURTHER INFORMATION CONTACT: to Add Priority Mail Contract 696 to categories in 2021. By law, EX officials, David A. Trissell, General Counsel, at Competitive Product List and Notice of SES members, employees in SL/ST 202–789–6820. Filing Materials Under Seal; Filing positions, and employees in certain SUPPLEMENTARY INFORMATION: Acceptance Date: April 20, 2021; Filing other equivalent pay systems are not Authority: 39 U.S.C. 3642, 39 CFR authorized to receive locality payments. Table of Contents 3040.130 through 3040.135, and 39 CFR (Note: An exception applies to certain I. Introduction 3035.105; Public Representative: grandfathered SES, SL, and ST II. Docketed Proceeding(s) Kenneth R. Moeller; Comments Due: employees stationed in a nonforeign April 28, 2021. area on January 2, 2010. See CPM 2009– I. Introduction 27 at https://www.chcoc.gov/content/ The Commission gives notice that the 1 See Docket No. RM2018–3, Order Adopting nonforeign-area-retirement-equity- Postal Service filed request(s) for the Final Rules Relating to Non-Public Information, assurance-act.) The memo is available at Commission to consider matters related June 27, 2018, Attachment A at 19–22 (Order No. https://www.opm.gov/policy-data- to negotiated service agreement(s). The 4679).

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This Notice will be published in the of those statements may be examined at organized under the laws of the United Federal Register. the places specified in Item IV below. States or any state, an entity that is only The Exchange has prepared summaries, permitted to offer its securities in the Erica A. Barker, set forth in sections A, B, and C below, United States in a private offering that Secretary. of the most significant parts of such complies with Section 7(d) and either [FR Doc. 2021–08652 Filed 4–23–21; 8:45 am] statements. 3(c)(1) or 3(c)(7) of the Investment BILLING CODE 7710–FW–P Company Act and the interpretations of A. Self-Regulatory Organization’s the SEC thereunder. Statement of the Purpose of, and the The Exchange proposes to exclude SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule from the definition of Private Funds any COMMISSION Change funds that are issuers of collateralized debt obligations (‘‘CDOs’’) or [Release No. 34–91618; File No. SR–NYSE– 1. Purpose collateralized loan obligations (‘‘CLOs’’). 2021–20] The Exchange will generally authorize The issuers of CDOs and CLOs are the listing of a closed-end management private investment vehicles not Self-Regulatory Organizations; New investment company (a ‘‘Fund’’) registered under the Investment York Stock Exchange LLC; Notice of registered under the Investment Company Act, and differ from hedge Filing of Proposed Rule Change Company Act of 1940 (the ‘‘Investment Amending Section 102.04 of the NYSE funds and private equity funds in Company Act’’) pursuant to the material respects. Most importantly, Listed Company Manual To Establish provisions of Section 102.04(A) of the Limits on Investments in Unregistered there is an active secondary trading Manual. Section 102.04(A) does not market for CDOs and CLOs and there are Investment Vehicles by Listed Closed include any explicit restrictions on the End Funds services that report trading prices for kinds of investments a listed Fund may those markets. As a result, there is a April 20, 2021. include in its portfolio. The Exchange significant degree of transparency in the Pursuant to Section 19(b)(1) 1 of the proposes to amend Section 102.04(A) to valuation of CDOs and CLOs, as the Securities Exchange Act of 1934 (the provide for a limited ability of listed market typically values them based on ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Funds to invest in private fund vehicles general market prices for debt issuances notice is hereby given that, on April 9, that are not themselves registered under with the same credit rating and seniority 2021, New York Stock Exchange LLC the Investment Company Act, including as the tranches included in the specific (‘‘NYSE’’ or the ‘‘Exchange’’) filed with alternative asset classes such as hedge CDO or CLO. Considering the greater the Securities and Exchange funds and private equity funds. The SEC liquidity and transparency of CDOs and Commission (the ‘‘Commission’’) the has amended its own rules with respect CLOs, the Exchange proposes to exclude proposed rule change as described in to mutual funds to formally establish investments in those asset classes from Items I, II, and III below, which Items permitted levels of investments by its definition of Private Funds and, thus, have been prepared by the self- mutual funds in illiquid investment does not propose to apply to CDOs and regulatory organization. The categories. The longstanding guidance CLOs the proposed limits on listed Commission is publishing this notice to from SEC staff has been that mutual Funds’ investments in Private Funds. solicit comments on the proposed rule funds should not exceed a 15% Accordingly, the Exchange proposes change from interested persons. limitation on illiquid investments, that a ‘‘Private Fund’’ not include any including private funds. In 2016, the entity that meets the following I. Self-Regulatory Organization’s Commission adopted Investment requirements: Statement of the Terms of Substance of Company Act Rule 22e–4(b)(1)(iv) to (i) The entity is engaged in the the Proposed Rule Change codify this policy.4 In light of this business of purchasing, or otherwise The Exchange proposes to amend development in the SEC’s regulation of acquiring, and holding Eligible Assets Section 102.04 of the NYSE Listed mutual funds and the continuing (as defined below) (and in activities Company Manual (‘‘Manual’’) to interest demonstrated by issuers, the related or incidental thereto); establish limits on investments in Exchange now proposes to amend (ii) all securities issued by the entity unregistered investment vehicles by Section 102.04(A) to provide for a are either (A) initially sold to qualified listed closed end funds. The proposed limited ability of Funds to invest in institutional buyers as defined in Rule rule change is available on the private funds. 144A under the Securities Act or to Exchange’s website at www.nyse.com, at The proposed amendment to Section persons involved in the organization or the principal office of the Exchange, and 102.04(A) of the Manual would include operation of the issuer or an affiliate, as at the Commission’s Public Reference a new definition of ‘‘Private Funds.’’ A defined in Rule 405 under the Securities Room. ‘‘Private Fund’’ for purposes of Section Act, of such a person or (B) fixed- 102.04(A) as amended would mean (1) income securities or other securities II. Self-Regulatory Organization’s in the case of an entity organized under which entitle their holders to receive Statement of the Purpose of, and the laws of the United States or any payments that depend primarily on the Statutory Basis for, the Proposed Rule state therein, a limited partnership, cash flow from Eligible Assets; Change limited liability company, trust, (iii) the entity appoints a trustee that In its filing with the Commission, the corporation or similar incorporated or meets the requirements of Section self-regulatory organization included unincorporated entity that would be an 26(a)(1) of the Investment Company Act statements concerning the purpose of, investment company under Section 3(a) and that is not affiliated, as defined in and basis for, the proposed rule change of the Investment Company Act but for Rule 405 under the Securities Act, with and discussed any comments it received the exception provided from that such entity or with any person involved on the proposed rule change. The text definition by either Sections 3(c)(1) or in the organization or operation of such 3(c)(7) of the Investment Company Act entity, which does not offer or provide 1 15 U.S.C. 78s(b)(1). and (2) in the case of an entity not credit or credit enhancement to such 2 15 U.S.C. 78a. entity and that executes an agreement or 3 17 CFR 240.19b–4. 4 17 CFR 270.22e–4(b)(1)(iv). instrument concerning such entity’s

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securities containing provisions to the • The Fund must immediately inform mutual fund portfolios by adopting a effect set forth in Section 26(a)(3) of the the Exchange of such occurrence and rule imposing a 15% limitation on the Investment Company Act; publicly disclose such occurrence in a acquisition of such assets by mutual (iv) the entity takes reasonable steps manner consistent with the Exchange’s funds. By adopting an identical to cause the trustee to have a perfected immediate release policy as set forth in restriction for listed Funds, the security interest or ownership interest Sections 202.05 and 202.06 of the Exchange believes that it is similarly valid against third parties in those Manual; appropriately addressing these concerns Eligible Assets that principally generate • management must report such an for listed Funds. Furthermore, the the cash flow needed to pay the fixed- occurrence to the Fund’s board of Exchange notes that its own proposal income security holders, provided that directors within one business day of the goes further than the restriction the SEC such assets otherwise required to be occurrence, with an explanation of the has imposed upon mutual funds by also held by the trustee may be released to extent and causes of the occurrence, and requiring a diversification in any listed the extent needed at the time for the how the Fund plans, as the case may be, Fund’s holdings of Private Funds. The operation of the issuer; and to (i) reduce its investments in Private Exchange believes that the proposed 5% (v) the entity takes actions necessary Funds to no more than 15% of its net limitation on any individual Private for the cash flows derived from Eligible assets within a reasonable period of Fund investment would limit the Assets for the benefit of the holders of time, or (ii) reduce its investment in the materiality of any individual Private fixed-income securities to be deposited individual Private Fund with respect to Fund investment with respect to the periodically in a segregated account that which it has exceeded the ownership Fund portfolio as a whole and that this is maintained or controlled by the interest permitted by the applicable provision provides a significant trustee consistent with the rating (if any) fundamental policy to a level no greater additional protection for investors in of the outstanding fixed-income than its ownership interest immediately listed Funds over and above the securities. prior to the transaction giving rise to protection provided to mutual fund ‘‘Eligible Assets’’ means financial such condition, in each case within a investors by the comparable rule under assets, either fixed or revolving, that by reasonable period of time; and the Investment Company Act. • if the amount, as the case may be, their terms convert into cash within a of (i) the Fund’s investments in Private 2. Statutory Basis finite time period plus any rights or Funds is still above 15% of its net The Exchange believes that the other assets designed to assure the assets, or (ii) the Fund’s investment in proposed rule change is consistent with servicing or timely distribution of the individual Private Fund with Section 6(b) of the Act,5 in general, and proceeds to security holders. respect to which it has exceeded the furthers the objectives of Section 6(b)(5) Proposed Limitations on Investments in investment limit of its fundamental of the Act,6 in particular, because it is Private Funds policy is still above its ownership designed to prevent fraudulent and interest immediately prior to the manipulative acts and practices, Under the proposed amended form of transaction giving rise to such promote just and equitable principles of Section 102.04(A), the Exchange would condition, in each case 30 days from the trade, remove impediments to and not authorize the initial listing of any occurrence (and at each consecutive 30 perfect the mechanism of a free and Fund where, at the time of original day period thereafter), the Fund’s board open market and a national market listing of directors, including a majority of system, and protect investors and the (A) Private Funds on an aggregated directors who are not interested persons public interest. The Exchange believes basis represent more than 15% of the (as such term is defined in Section that the proposal protects investors and Fund’s net assets 2(a)(19) of the Investment Company Act the public interest because it strictly (B) any single Private Fund represents of 1940) of the Fund, must assess limits both the aggregate investment by more than 5% of the Fund’s net assets; whether the plan presented to it listed Funds in Private Funds and the or pursuant to the requirements set forth percentage any individual Private Fund (C) the Fund invests or intends to above continues to be in the best investment may represent in a listed invest in Private Funds and has not interest of the Fund. Fund’s portfolio. The Exchange believes adopted and does not maintain Any listed Fund in good standing may that these restrictions appropriately fundamental policies (as such term is commence investing in Private Funds, address concerns about the illiquidity of used in the Investment Company Act of but may do so only if it first adopts the Private Fund investments by limiting 1940) providing that: required fundamental policies described the materiality of Private Fund (i) Such Fund may not at any time above. The Fund must consult with the investments to a listed Fund’s portfolio make an additional investment in a Exchange before taking this action. Any both in the aggregate and for any Private Fund if, immediately after giving such Fund will also be subject to the individual Private Fund investment. effect to such investment, Private Funds ongoing requirements with respect to The Exchange notes that the 15% would represent more than 15% of such investments in Private Funds set forth aggregate investment limit in the Fund’s net assets or such individual above. proposal is the same as the limit applied Private Fund would represent more than Today Exchange rules do not restrict by the SEC to mutual funds under 5% of such Fund’s net assets; and the investment by listed Funds in Investment Company Act rules, while (ii) if at any time such Fund (a) holds Private Funds. The proposed the 5% limit on individual investments more than 15% of its net assets in amendment to Section 102.04(A) would in the proposal is an augmentation of Private Funds or (b) violates its amend the Exchange’s listing rules to the SEC’s limitations with respect to fundamental policy prohibiting any restrict the investment by Funds in mutual funds. The Exchange believes additional investment in a Private Fund Private Funds, such as hedge funds and that it is consistent with the protection such that, immediately after giving private equity funds, which are illiquid of investors and the public interest to effect to such investment, such and consequently difficult to value. The exempt CDOs and CLOs from these individual Private Fund would Exchange notes that the SEC has represent more than 5% of such Fund’s addressed identical concerns about the 5 15 U.S.C. 78f(b). net assets: inclusion of illiquid asset classes in 6 15 U.S.C. 78f(b)(5).

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restrictions, as there is a more active Electronic Comments SECURITIES AND EXCHANGE trading market for CDOs and CLOs than • COMMISSION for Private Funds and there is more Use the Commission’s internet comment form (http://www.sec.gov/ [Release No. 34–91614; File No. SR–Phlx– consistency and transparency in valuing 2021–10] them. rules/sro.shtml); or • Send an email to rule-comments@ B. Self-Regulatory Organization’s Self-Regulatory Organizations; Nasdaq sec.gov. Please include File Number SR– Statement on Burden on Competition PHLX LLC; Order Approving a NYSE–2021–20 on the subject line. Proposed Rule Change To Permit Monday and Wednesday Expirations The Exchange does not believe that Paper Comments the proposed rule change would impose for Options Listed Pursuant to the any burden on competition that is not • Send paper comments in triplicate Short Term Options Program on the SM necessary or appropriate in furtherance to Secretary, Securities and Exchange Invesco QQQ Trust Series ETF Trust of the purposes of the Act. The purpose Commission, 100 F Street NE, April 20, 2021. of the proposal is to enhance Washington, DC 20549–1090. competition by providing a listing I. Introduction All submissions should refer to File market for Funds that wish to have the On February 22, 2021, Nasdaq PHLX Number SR–NYSE–2021–20. This file ability to invest in Private Funds, while LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed with number should be included on the appropriately restricting Funds in the Securities and Exchange pursuing that strategy to protect subject line if email is used. To help the Commission (‘‘Commission’’), pursuant investors. The proposed amendment Commission process and review your to Section 19(b)(1) of the Securities would not impose any burden on comments more efficiently, please use Exchange Act of 1934 (‘‘Act’’),1 and competition between newly-listed only one method. The Commission will Rule 19b–4 thereunder,2 a proposed rule Funds and those that are already listed, post all comments on the Commission’s change to amend Phlx Options 4, as currently-listed Funds that are in internet website (http://www.sec.gov/ Section 5 at Commentary .11 to allow good standing would be eligible to rules/sro.shtml). Copies of the Monday and Wednesday expirations for invest in Private Funds on the same submission, all subsequent options listed pursuant to the terms as newly-listed Funds. Other amendments, all written statements Exchange’s short term option series listing venues can adopt similar rules if with respect to the proposed rule program (‘‘Short Term Option Series they so desire. As such, the Exchange change that are filed with the Program’’) on the Invesco QQQ TrustSM does not believe that the proposal Commission, and all written Series (‘‘QQQ’’) ETF Trust. The imposes any burden on competition. communications relating to the proposed rule change was published for comment in the Federal Register on C. Self-Regulatory Organization’s proposed rule change between the March 8, 2021.3 The Commission Statement on Comments on the Commission and any person, other than received no comments on the proposal. Proposed Rule Change Received From those that may be withheld from the This order approves the proposed rule Members, Participants, or Others public in accordance with the provisions of 5 U.S.C. 552, will be change. No written comments were solicited available for website viewing and II. Description of the Proposal or received with respect to the proposed printing in the Commission’s Public Under the terms of the current Short rule change. Reference Room, 100 F Street NE, Term Option Series Program, after an III. Date of Effectiveness of the Washington, DC 20549 on official option class has been approved for Proposed Rule Change and Timing for business days between the hours of listing and trading on the Exchange, the Commission Action 10:00 a.m. and 3:00 p.m. Copies of the Exchange may open for trading on any filing also will be available for Thursday or Friday that is a business Within 45 days of the date of inspection and copying at the principal day series of options on that class that publication of this notice in the Federal office of the Exchange. All comments expire on each of the next five Register or up to 90 days (i) as the received will be posted without change. consecutive Fridays that are business Commission may designate if it finds Persons submitting comments are days,4 provided that such Friday does such longer period to be appropriate cautioned that we do not redact or edit not occur in the same week in which and publishes its reasons for so finding personal identifying information from monthly options series on the same or (ii) as to which the self-regulatory comment submissions. You should class expire or is not a Friday on which organization consents, the Commission submit only information that you wish Quarterly Options Series on the same will: to make available publicly. All class expire.5 If the Exchange is not (A) By order approve or disapprove submissions should refer to File open for business on the Friday of the the proposed rule change, or Number SR–NYSE–2021–20 and should following business week, the series will (B) institute proceedings to determine be submitted on or before May 17, 2021. expire on the first business day 6 whether the proposed rule change immediately prior to that Friday. In For the Commission, by the Division of addition, the Exchange may open for should be disapproved. Trading and Markets, pursuant to delegated authority.7 IV. Solicitation of Comments 1 15 U.S.C. 78s(b)(1). J. Matthew DeLesDernier, 2 17 CFR 240.19b–4. Interested persons are invited to Assistant Secretary. 3 See Securities Exchange Act Release No. 91238 (March 2, 2021), 86 FR 13404 (‘‘Notice’’). submit written data, views, and [FR Doc. 2021–08566 Filed 4–23–21; 8:45 am] arguments concerning the foregoing, 4 See Commentary .11 to Phlx Options 4, Section BILLING CODE 8011–01–P including whether the proposed rule 5. 5 See Commentary .11(b) to Phlx Options 4, change is consistent with the Act. Section 5. Comments may be submitted by any of 6 See Commentary .11 to Phlx Options 4, Section the following methods: 7 17 CFR 200.30–3(a)(12). 5.

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trading on any Friday or Monday that is in the same week in which monthly capacity to support the new options a business day series of options on the options series on the same class expire. series.14 SPDR S&P 500 ETF Trust (‘‘SPY’’) to Otherwise, Monday QQQ Expirations IV. Conclusion expire on any Monday of the month that and Wednesday QQQ Expirations will is a business day and is not a Monday be subject to the same rules as standard It is therefore ordered that pursuant to in which Quarterly Options Series Short Term Option Series.9 Section 19(b)(2) of the Act 15 that the expire, provided that expirations that proposed rule change (SR–Phlx–2021– are listed on a Friday must be listed at III. Discussion and Commission’s 10) be, and hereby is, approved. least one business week and one Findings For the Commission, by the Division of business day prior to the expiration.7 The Commission has carefully Trading and Markets, pursuant to delegated The Exchange also may open for trading authority.16 reviewed the proposed rule change and on any Tuesday or Wednesday that is a J. Matthew DeLesDernier, business day series of options on SPY to finds that it is consistent with the requirements of the Act and the rules Assistant Secretary. expire on any Wednesday of the month [FR Doc. 2021–08565 Filed 4–23–21; 8:45 am] that is a business day and is not a and regulations thereunder applicable to BILLING CODE 8011–01–P Wednesday in which Quarterly Options a national securities exchange and, in Series expire.8 particular, the requirements of Section 6(b) of the Act.10 Specifically, the The Exchange proposes to expand the SECURITIES AND EXCHANGE Commission finds that the proposal is Short Term Option Series Program to COMMISSION permit Phlx to open for trading, on any consistent with the requirements of Monday or Friday that is a business day, Sections 6(b)(5) of the Act,11 which Sunshine Act Meetings series of options on QQQ that expire on requires, among other things, that a any Monday of the month that is a national securities exchange have rules TIME AND DATE: 2:00 p.m. on Thursday, business day and is not a Monday in designed to prevent fraudulent and April 29, 2021. which Quarterly Options Series on the manipulative acts and practices, to PLACE: The meeting will be held via same class expire (‘‘Monday QQQ promote just and equitable principles of remote means and/or at the Expirations’’). In the case of a series that trade, to foster cooperation and Commission’s headquarters, 100 F is listed on a Friday and expires on a coordination with persons engaged in Street NE, Washington, DC 20549. Monday, it must be listed at least one regulating, clearing, settling, processing STATUS: This meeting will be closed to business week and one business day information with respect to, and the public. prior to that Monday expiration. If the facilitating transactions in securities, to MATTERS TO BE CONSIDERED: Monday QQQ Expiration falls on a remove impediments to and perfect the Commissioners, Counsel to the Monday that is not a business day, the mechanism of a free and open market Commissioners, the Secretary to the series shall expire on the first business and a national market system, and in Commission, and recording secretaries day immediately following that general, to protect investors and the will attend the closed meeting. Certain Monday. public interest. The Commission staff members who have an interest in Similarly, the Exchange also proposes believes that the proposed rule change the matters also may be present. to expand the Short Term Option Series may provide the investing public and In the event that the time, date, or Program to permit Phlx to open for other market participants more location of this meeting changes, an trading, on any Tuesday or Wednesday flexibility to closely tailor their announcement of the change, along with that is a business day, series of options investment and hedging decisions in the new time, date, and/or place of the on QQQ to expire on any Wednesday of QQQ options, thus allowing them to meeting will be posted on the the month that is a business day and is better manage their risk exposure. In Commission’s website at https:// not a Wednesday in which Quarterly addition, the Commission notes that the www.sec.gov. Options Series on the same class expire Exchange has similar rules permitting The General Counsel of the (‘‘Wednesday QQQ Expirations’’). If the the listing and trading of Monday and Commission, or his designee, has Wednesday QQQ Expiration falls on a Wednesday expirations on SPY.12 certified that, in his opinion, one or Wednesday that is not a business day, In approving the proposal, the more of the exemptions set forth in 5 the series shall expire on the first U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) business day immediately prior to that Commission notes that the Exchange has represented that it has an adequate and (10) and 17 CFR 200.402(a)(3), Wednesday. (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and In addition, the Exchange proposes to surveillance program in place to detect (a)(10), permit consideration of the amend Commentary .11 to Options 4, manipulative trading in Monday QQQ Expirations and Wednesday QQQ scheduled matters at the closed meeting. Section 5, to state that it may list up to The subject matter of the closed Expirations.13 The Exchange further five consecutive Monday QQQ meeting will consist of the following states that it has the necessary systems Expirations at one time and up to five topics: consecutive Wednesday QQQ Institution and settlement of Expirations at one time, and that there 9 For example, the Monday QQQ Expirations and injunctive actions; may be no more than a total of five Wednesday QQQ Expirations would be subject to Institution and settlement of Monday QQQ Expirations and no more the same series limitations and strike interval rules as standard Short Term Option Series. See Notice, administrative proceedings; than a total of five Wednesday QQQ supra note 3, at 13404–5. Resolution of litigation claims; and Expirations. The Exchange also 10 15 U.S.C. 78f. In approving this proposed rule Other matters relating to examinations proposes to amend Commentary .11(b) change, the Commission has considered the and enforcement proceedings. to Options 4, Section 5 to permit proposed rule change’s impact on efficiency, At times, changes in Commission competition, and capital formation. See 15 U.S.C. Monday QQQ Expirations and 78c(f). priorities require alterations in the Wednesday QQQ Expirations to expire 11 15 U.S.C. 78f(b)(5). 12 See Commentary .11 to Phlx Options 4, Section 14 Id. 7 See id. 5. 15 15 U.S.C. 78s(b)(2). 8 See id. 13 See Notice, supra note 3, at 13406. 16 17 CFR 200.300–3(a)(12).

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scheduling of meeting agenda items that • Originating Office: Bureau of forward the form to post for forwarding may consist of adjudicatory, Administration, A/OPR/OS. to A/OPR/OS. examination, litigation, or regulatory • Form Number: DS–2028. Thomas P. Shearer, matters. • Respondents: Overseas schools Director, A/OPR/OS, Department of State. CONTACT PERSON FOR MORE INFORMATION: grantees. • [FR Doc. 2021–08593 Filed 4–23–21; 8:45 am] For further information; please contact Estimated Number of Respondents: Vanessa A. Countryman from the Office 193. BILLING CODE 4710–24–P • of the Secretary at (202) 551–5400. Estimated Number of Responses: 193. Dated: April 22, 2021. • Average Time per Response: 15 DEPARTMENT OF STATE Vanessa A. Countryman, minutes. [Public Notice: 11403] Secretary. • Total Estimated Burden Time: 48.25 [FR Doc. 2021–08749 Filed 4–22–21; 4:15 pm] hours. 30-Day Notice of Proposed Information BILLING CODE 8011–01–P • Frequency: Annually. Collection: Grant Request Automated • Obligation to Respond: Required to Submissions Program (GRASP) Obtain or Retain a Benefit. DEPARTMENT OF STATE We are soliciting public comments to ACTION: Notice of request for public permit the Department to: comment and submission to OMB of [Public Notice: 11411] • Evaluate whether the proposed proposed collection of information. information collection is necessary for 30-Day Notice of Proposed Information the proper functions of the Department. SUMMARY: The Department of State has Collection: Overseas Schools Grant • Evaluate the accuracy of our submitted the information collection Status Report estimate of the time and cost burden for described below to the Office of Management and Budget (OMB) for ACTION: Notice of request for public this proposed collection, including the validity of the methodology and approval. In accordance with the comment and submission to OMB of Paperwork Reduction Act of 1995 we proposed collection of information. assumptions used. • Enhance the quality, utility, and are requesting comments on this SUMMARY: The Department of State has clarity of the information to be collection from all interested submitted the information collection collected. individuals and organizations. The described below to the Office of • Minimize the reporting burden on purpose of this Notice is to allow 30 Management and Budget (OMB) for those who are to respond, including the days for public comment. approval. In accordance with the use of automated collection techniques DATES: Submit comments up to May 26, Paperwork Reduction Act of 1995 we or other forms of information 2021. are requesting comments on this technology. ADDRESSES: Written comments and collection from all interested Please note that comments submitted recommendations for the proposed individuals and organizations. The in response to this Notice are public information collection should be sent purpose of this Notice is to allow 30 record. Before including any detailed within 30 days of publication of this days for public comment. personal information, you should be notice to www.reginfo.gov/public/do/ DATES: Submit comments up to May 26, aware that your comments as submitted, PRAMain. Find this particular 2021. including your personal information, information collection by selecting will be available for public review. ‘‘Currently under 30-day Review—Open ADDRESSES: Written comments and for Public Comments’’ or by using the recommendations for the proposed Abstract of Proposed Collection search function. information collection should be sent The Office of Overseas Schools of the within 30 days of publication of this FOR FURTHER INFORMATION CONTACT: Department of State (A/OPR/OS) is Direct requests for additional notice to www.reginfo.gov/public/do/ responsible for determining that PRAMain. Find this particular information regarding the collection adequate educational opportunities listed in this notice, including requests information collection by selecting exist at Foreign Service Posts for ‘‘Currently under 30-day Review—Open for copies of the proposed collection dependents of U.S. Government instrument and supporting documents, for Public Comments’’ or by using the personnel stationed abroad, and for search function. to Thomas P. Shearer, Office of Overseas assisting American-sponsored overseas Schools, U.S. Department of State, FOR FURTHER INFORMATION CONTACT: schools to demonstrate U.S. educational Room H328, 2301 C Street NW, Direct requests for additional philosophy and practice. The Washington, DC 20522–0132, who may information regarding the collection information gathered provides the be reached on 202–261–8201 or at listed in this notice, including requests technical and professional staff of A/ [email protected]. for copies of the proposed collection OPR/OS the means by which instrument and supporting documents, SUPPLEMENTARY INFORMATION: obligations, expenditures and • Title of Information Collection: to Thomas P. Shearer, Office of Overseas reimbursements of the grant funds are Grant Request Automated Submissions Schools, U.S. Department of State, monitored to ensure the grantee is in Program (GRASP). Room H328, 2301 C Street NW, compliance with the terms of the grant. • OMB Control Number: 1405–0036. Washington, DC 20522–0132, who may • Methodology Type of Request: Extension of a be reached on 202–261–8201 or at Currently Approved Collection. [email protected]. Information is collected via electronic • Originating Office: Bureau of SUPPLEMENTARY INFORMATION: and paper submission. The Department Administration, A/OPR/OS. • Title of Information Collection: has placed the form DS–2028 in a • Form Number: DS–0573, DS–0574, Overseas Schools Grant Status Report. Microsoft Excel spreadsheet, and is sent DS–0575, DS–0576. • OMB Control Number: 1405–0033. as a link to the school along with the • Respondents: Recipients of grants. • Type of Request: Extension of a grant documents. School officials can • Estimated Number of Respondents: currently approved collection. complete the form electronically and 193.

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• Estimated Number of Responses: Methodology the M88A1/M88A2 recovery vehicle, and associated equipment. 193. Information is collected via electronic • The U.S. government is prepared to license Average Time per Response: 90 media. the export of these items having taken into minutes. account political, military, economic, human Thomas P. Shearer, • Total Estimated Burden Time: 289.5 rights, and arms control considerations. Director, A/OPR/OS, Department of State. More detailed information is contained in hours. [FR Doc. 2021–08592 Filed 4–23–21; 8:45 am] the formal certification which, though • Frequency: Annually. BILLING CODE 4710–24–P unclassified, contains business information • submitted to the Department of State by the Obligation to Respond: Required to applicant, publication of which could cause Obtain or Retain a Benefit. DEPARTMENT OF STATE competitive harm to the U.S. firm concerned. We are soliciting public comments to Sincerely, permit the Department to: [Public Notice: 11412] Ryan M. Kaldahl, Acting Assistant Secretary of State, Bureau • Evaluate whether the proposed Bureau of Political-Military Affairs, of Legislative Affairs. information collection is necessary for Enclosure: Transmittal No. DDTC 19–041. the proper functions of the Department. Directorate of Defense Trade Controls: Notifications to the Congress of • December 22, 2020 Evaluate the accuracy of our Proposed Commercial Export Licenses estimate of the time and cost burden for The Honorable Nancy Pelosi, Speaker of the House of Representatives this proposed collection, including the AGENCY: Department of State. validity of the methodology and Dear Madam Speaker: ACTION: Notice. Pursuant to Section 36(c) of the Arms assumptions used. Export Control Act, please find enclosed a SUMMARY: The Directorate of Defense • Enhance the quality, utility, and certification of a proposed license Trade Controls and the Department of clarity of the information to be amendment for the export of defense articles, State give notice that the attached collected. including technical data and defense Notifications of Proposed Commercial services, in the amount of $50,000,000 or • Minimize the reporting burden on Export Licenses were submitted to the more. those who are to respond, including the Congress on the dates indicated. The transaction contained in the attached use of automated collection techniques certification involves the export of defense DATES: As shown on each of the 29 articles, including technical data and defense or other forms of information letters. technology. services, to Norway, Australia, and Saudi FOR FURTHER INFORMATION CONTACT: Ms. Arabia associated with the sale, delivery and Please note that comments submitted Paula C. Harrison, Directorate of support of the Al Diriyah Command, Control, Communications Computers and intelligence in response to this Notice are public Defense Trade Controls (DDTC), record. Before including any detailed (C4I) System. Department of State at (202) 663–3310; The U.S. government is prepared to license personal information, you should be or access the DDTC website at https:// aware that your comments as submitted, the export of these items having taken into www.pmddtc.state.gov/ddtc_public and account political, military, economic, human including your personal information, select ‘‘Contact DDTC,’’ then scroll rights, and arms control considerations. will be available for public review. down to ‘‘Contact the DDTC Response More detailed information is contained in the formal certification which, though Abstract of Proposed Collection Team’’ and select ‘‘Email.’’ Please add this subject line to your message, unclassified, contains business information The Office of Overseas Schools of the submitted to the Department of State by the ‘‘ATTN: Congressional Notification of applicant, publication of which could cause Department of State (A/OPR/OS) is Licenses.’’ competitive harm to the U.S. firm concerned. responsible for determining that SUPPLEMENTARY INFORMATION: Section Sincerely, adequate educational opportunities 36(f) of the Arms Export Control Act (22 Ryan M. Kaldahl, exist at Foreign Service posts for U.S.C. 2776) requires that notifications Acting Assistant Secretary of State, Bureau of dependents of U.S. Government to the Congress pursuant to sections Legislative Affairs. personnel stationed abroad and for 36(c) and 36(d) be published in the Enclosure: Transmittal No. DDTC 19–053. assisting American-sponsored overseas Federal Register in a timely manner. schools in demonstrating U.S. December 22, 2020 The following comprise recent such The Honorable Nancy Pelosi, Speaker of the educational philosophy and practice. notifications and are published to give The information gathered enables A/ House of Representatives notice to the public. Dear Madam Speaker: OPR/OS to advise the Department and December 22, 2020 Pursuant to Section 36(c) of the Arms other foreign affairs agencies regarding Export Control Act, please find enclosed a current and constantly changing The Honorable Nancy Pelosi, Speaker of the certification of a proposed license for the conditions, and enables A/OPR/OS to House of Representatives export of firearms abroad controlled under make judgments regarding assistance to Dear Madam Speaker: Category I of the U.S. Munitions List in the schools for the improvement of Pursuant to Section 36(c) of the Arms amount of $1,000,000 or more. Export Control Act, please find enclosed a educational opportunities. The transaction contained in the attached certification of a proposed license certification involves the export to the The legal requirements that authorize amendment for the export of defense articles, Philippines of 5.56mm automatic rifles. the function of A/OPR/OS and thereby including technical data and defense The U.S. government is prepared to license authorize the collection of information services, in the amount of $50,000,000 or the export of these items having taken into are the Foreign Assistance Act of 1961 more. account political, military, economic, human (as amended), and the Mutual The transaction contained in the attached rights, and arms control considerations. certification involves the export of defense Educational and Cultural Affairs Act of More detailed information is contained in articles, including technical data and defense the formal certification which, though 1961 (as amended), and the Department services, to Canada, UK, and Iraq to support unclassified, contains business information of State Basic Authorities Act of 1956, the training, maintenance, repair, submitted to the Department of State by the as amended by the Foreign Service Act sustainment, and supply functions of the applicant, publication of which could cause of 1980, Public Law 96–465. M1A1/M1A1SA Abrams Main Battle Tank, competitive harm to the U.S. firm concerned.

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Sincerely, October 7, 2020 The Honorable Nancy Pelosi, Speaker of the Ryan M. Kaldahl, The Honorable Nancy Pelosi, Speaker of the House of Representatives Acting Assistant Secretary of State, Bureau of House of Representatives Dear Madam Speaker: Legislative Affairs. Dear Madam Speaker: Pursuant to Section 36(c) of the Arms Enclosure: Transmittal No. DDTC 19–088. Pursuant to Sections 36(c) and (d) of the Export Control Act, please find enclosed a certification of a proposed license for the December 22, 2020 Arms Export Control Act, please find enclosed a certification of a proposed license export of defense articles, including technical The Honorable Nancy Pelosi, Speaker of the for the manufacture of significant military data, and defense services in the amount of House of Representatives equipment abroad and the export of defense $50,000,000 or more. Dear Madam Speaker: articles, including technical data, and The transaction contained in the attached certification involves the export of defense Pursuant to Section 36(c) of the Arms defense services in the amount of articles, including technical data, and Export Control Act, please find enclosed a $50,000,000 or more. defense services, to Italy to support the certification of a proposed license for the The transaction contained in the attached replication of Have Quick II and SATURN export of firearms parts and components certification involves the export of defense Electronic Counter-Counter Measure (ECCM) abroad controlled under Category I of the articles, including technical data, and for integration into Radio Communication U.S. Munitions List in the amount of defense services to Italy, Qatar, Spain, and Equipment. $1,000,000 or more. the UK to support the design, development, The U.S. government is prepared to license The transaction contained in the attached manufacture, production, assembly, testing, the export of these items having taken into certification involves the export of defense repair, intermediate level maintenance, account political, military, economic, human articles, including technical data and defense training, modification, operation and rights, and arms control considerations. services, to Mexico for the assembly of integration of the Paveway II, Enhanced automatic rifle kits. Paveway II, and Paveway IV weapons Sincerely, The U.S. government is prepared to license systems. Ryan M. Kaldahl, the export of these items having taken into The U.S. government is prepared to license Acting Assistant Secretary of State, Bureau of account political, military, economic, human the export of these items having taken into Legislative Affairs. rights, and arms control considerations. account political, military, economic, human Enclosure: Transmittal No. DDTC 20–026. More detailed information is contained in rights, and arms control considerations. More the formal certification which, though October 21, 2020 detailed information is contained in the unclassified, contains business information formal certification which, though The Honorable Nancy Pelosi, Speaker of the submitted to the Department of State by the unclassified, contains business information House of Representatives applicant, publication of which could cause submitted to the Department of State by the Dear Madam Speaker: competitive harm to the U.S. firm concerned. applicant, publication of which could cause Pursuant to Section 36(c) of the Arms Sincerely, competitive harm to the U.S. firm concerned. Export Control Act, please find enclosed a Ryan M. Kaldahl, Sincerely, certification of a proposed license for the Acting Assistant Secretary of State, Bureau of Jessica L. Moore, export of defense articles, including technical Legislative Affairs. Senior Bureau Official, Bureau of Legislative data, and defense services in the amount of Enclosure: Transmittal No. DDTC 19–100. Affairs. $50,000,000 or more. The transaction contained in the attached December 22, 2020 Enclosure: Transmittal No. DDTC 19–120. certification involves the export of defense The Honorable Nancy Pelosi, Speaker of the December 14, 2020 articles, technical data, and defense services House of Representatives The Honorable Nancy Pelosi, Speaker of the to France, UK, Italy, the Netherlands, and the Dear Madam Speaker: House of Representatives UAE to support the installation, integration, Pursuant to Sections 36 (c) and (d) of the engineering/design services, ship combat Dear Madam Speaker: Arms Export Control Act, please find system integration, testing, operation, live- Pursuant to Section 36(c) of the Arms enclosed a certification of a proposed fire/demonstration, proposal activity, Export Control Act, please find enclosed a amendment for the manufacture of Intermediate Level Maintenance Facility certification of a proposed license for the significant military equipment abroad and (ILMF), recertification, training (including export of defense articles, including technical the export of defense articles, including maintenance training), upgrades, repair, and data and defense services, in the amount of technical data and defense services, in the follow-on support on ships for the Rolling $100,000,000 or more. amount of $50,000,000 or more. Airframe Missile (RAM) Guided Missile The transaction contained in the attached The transaction contained in the attached Weapon System (GMWS). certification involves the export of defense certification involves the export of defense The U.S. government is prepared to license articles, including technical data and defense articles, including technical data and defense the export of these items having taken into services, to Australia and Norway for services, to Saudi Arabia, UK, Spain, and account political, military, economic, human AMRAAM, AIM–9X, Canister Launchers, Italy to support the assembly, design, rights, and arms control considerations. High Mobility Launchers, and associated development, intermediate level hardware to support the design, Sincerely, maintenance, manufacture, modification, development, engineering, integration, and Jessica L. Moore, operation, repair, testing, and support to the LAND–19 Phase 7B NASAMS. Senior Bureau Official, Bureau of Legislative demilitarization of the Paveway and The U.S. government is prepared to license Affairs. Enhanced Paveway Weapon System. the export of these items having taken into Enclosure: Transmittal No. DDTC 20–027. The U.S. government is licensing the account political, military, economic, human export of these items having taken into December 16, 2020 rights, and arms control considerations. account political, military, economic, human More detailed information is contained in The Honorable Nancy Pelosi, Speaker of the rights, and arms control considerations. More the formal certification which, though House of Representatives detailed information is contained in the unclassified, contains business information Dear Madam Speaker: formal certification which, though submitted to the Department of State by the Pursuant to Section 36(c) of the Arms unclassified, contains business information applicant, publication of which could cause Export Control Act, please find enclosed a submitted to the Department of State by the competitive harm to the U.S. firm concerned. certification of a proposed license for the applicant, publication of which could cause export of defense articles, including technical competitive harm to the U.S. firm concerned. Sincerely, Ryan M. Kaldahl, data and defense services, in the amount of Sincerely, Acting Assistant Secretary of State, Bureau of $100,000,000 or more. Ryan M. Kaldahl, Legislative Affairs. The transaction contained in the attached Acting Assistant Secretary of State, Bureau of certification involves the export of defense Legislative Affairs. Enclosure: Transmittal No. DDTC 19–126. articles, technical data, and defense services Enclosure: Transmittal No. DDTC 19–105. December 16, 2020 to Australia, Canada, the Netherlands, and

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the UK necessary for the Organizational and Jessica L. Moore, Enclosure: Transmittal No. DDTC 20–037. Depot level training and Maintenance, Senior Bureau Official, Bureau of Legislative December 14, 2020 Repair, Overhaul and Upgrade (MRO&U) for Affairs. The Honorable Nancy Pelosi, Speaker of the the F135 propulsion system at regional Enclosure: Transmittal No. DDTC 20–034. depots in Australia and the Netherlands. House of Representatives The U.S. government is prepared to license December 16, 2020 Dear Madam Speaker: the export of these items having taken into The Honorable Nancy Pelosi, Speaker of the Pursuant to Section 36(c) of the Arms account political, military, economic, human House of Representatives Export Control Act, please find enclosed a rights, and arms control considerations. Dear Madam Speaker: certification of a proposed license for the Sincerely, Pursuant to Section 36(d) of the Arms export of defense articles, including technical Ryan M. Kaldahl, Export Control Act, please find enclosed a data and defense services, in the amount of Acting Assistant Secretary of State, Bureau of certification of a proposed license for the $50,000,000 or more. Legislative Affairs. export of defense articles, including technical The transaction contained in the attached certification involves the export of defense Enclosure: Transmittal No. DDTC 20–028. data, and defense services for the manufacture of significant military articles, technical data, and defense services, December 16, 2020 equipment abroad. to Algeria and Greece to permit the parties The Honorable Nancy Pelosi, Speaker of the The transaction contained in the attached to have technical discussions to define House of Representatives certification involves the export of defense support requirements and discuss potential Dear Madam Speaker: articles, including technical data and defense aircraft configurations for procurement of Pursuant to Section 36(d) of the Arms services, to Italy, Oman, and the UK to four C–130J–30 cargo aircraft. Export Control Act, please find enclosed a support the design, development, The U.S. government is prepared to license certification of a proposed license manufacture, production, assembly, testing, the export of these items having taken into amendment for the export of defense articles, repair, intermediate level maintenance, account political, military, economic, human including technical data, and defense training, modification, operation, marketing, rights, and arms control considerations. services for the manufacture of significant and integration of the Paveway II, Enhanced More detailed information is contained in military equipment abroad. Paveway II, and Paveway IV Weapon System. the formal certification which, though The transaction contained in the attached The U.S. government is prepared to license unclassified, contains business information certification involves the export of technical the export of these items having taken into submitted to the Department of State by the data and defense services, to France for the account political, military, economic, human applicant, publication of which could cause manufacture of Have Quick I/II Electronic rights, and arms control considerations. competitive harm to the U.S. firm concerned. Counter-Countermeasures (ECCM) and More detailed information is contained in Sincerely, SATURN ECCM. the formal certification which, though Rylan M. Kaldahl, The U.S. government is prepared to license unclassified, contains business information Acting Assistant Secretary of State, Bureau of the export of these items having taken into submitted to the Department of State by the Legislative Affairs. account political, military, economic, human applicant, publication of which could cause Enclosure: Transmittal No. DDTC 20–040. rights, and arms control considerations. competitive harm to the U.S. firm concerned. December 16, 2020 More detailed information is contained in Sincerely, the formal certification which, though Ryan M. Kaldahl, The Honorable Nancy Pelosi, Speaker of the unclassified, contains business information Acting Assistant Secretary of State, Bureau of House of Representatives submitted to the Department of State by the Legislative Affairs. Dear Madam Speaker: applicant, publication of which could cause Enclosure: Transmittal No. DDTC 20–035. Pursuant to Section 36(c) of the Arms competitive harm to the U.S. firm concerned. Export Control Act, please find enclosed a Sincerely, December 16, 2020 certification of a proposed license for the Ryan M. Kaldahl, The Honorable Nancy Pelosi, Speaker of the export of defense articles, including technical Acting Assistant Secretary of State, Bureau of House of Representatives data and defense services, in the amount of Legislative Affairs. Dear Madam Speaker: $100,000,000 or more. Enclosure: Transmittal No. DDTC 20–033. Pursuant to Section 36(c) of the Arms The transaction contained in the attached Export Control Act, please find enclosed a certification involves the export of defense October 22, 2020 certification of a proposed license articles, technical data, and defense services The Honorable Nancy Pelosi, Speaker of the amendment for the export of defense articles, to Canada to support the manufacture of House of Representatives including technical data and defense integrally bladed rotors (IBRs) for the F135 Dear Madam Speaker: services, in the amount of $50,000,000 or propulsion system. Pursuant to Section 36(d) of the Arms more. The U.S. government is prepared to license Export Control Act, please find enclosed a The transaction contained in the attached the export of these items having taken into certification of a proposed license for the certification involves the export of defense account political, military, economic, human export of defense articles, including technical articles, including technical data and defense rights, and arms control considerations. data, and defense services for the services, to Sweden, the UK, and Brazil to More detailed information is contained in manufacture of significant military support the sale of F414–GE–39E aircraft the formal certification which, though equipment abroad. engines for use with Gripen combat aircraft unclassified, contains business information The transaction contained in the attached and training on the integration, operation, submitted to the Department of State by the certification involves the export of defense test, and operational level maintenance of the applicant, publication of which could cause articles, including technical data and defense engine. competitive harm to the U.S. firm concerned. services, to Israel for the manufacture of five The U.S. government is prepared to license Sincerely, Mini-MD STAMP: Gimbaled Laser Target the export of these items having taken into Ryan M. Kaldahl, Designator (GLTD) systems. account political, military, economic, human Acting Assistant Secretary of State, Bureau of The U.S. government is prepared to license rights, and arms control considerations. Legislative Affairs. the export of these items having taken into More detailed information is contained in Enclosure: Transmittal No. DDTC 20–041. account political, military, economic, human the formal certification which, though rights, and arms control considerations. unclassified, contains business information October 23, 2020 More detailed information is contained in submitted to the Department of State by the The Honorable Nancy Pelosi, Speaker of the the formal certification which, though applicant, publication of which could cause House of Representatives unclassified, contains business information competitive harm to the U.S. firm concerned. Dear Madam Speaker: submitted to the Department of State by the Sincerely, Pursuant to Section 36(c) of the Arms applicant, publication of which could cause Rylan M. Kaldahl, Export Control Act, please find enclosed a competitive harm to the U.S. firm concerned. Acting Assistant Secretary of State, Bureau of certification of a proposed license for the Sincerely, Legislative Affairs. export of defense articles, including technical

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data and defense services, in the amount of articles, including technical data and defense More detailed information is contained in $100,000,000 or more. services, to Taiwan to support the Taiwan the formal certification which, though The transaction contained in the attached Advance Air Defense Systems. unclassified, contains business information certification involves the export of defense The U.S. government is prepared to license submitted to the Department of State by the articles, including technical data and defense the export of these items having taken into applicant, publication of which could cause services, to Canada to support the design, account political, military, economic, human competitive harm to the U.S. firm concerned. development, engineering, assembly, rights, and arms control considerations. Sincerely, operation, production, manufacture, testing, More detailed information is contained in Ryan M. Kaldahl, maintenance, repair, replacement, the formal certification which, though Acting Assistant Secretary of State, Bureau of improvement, enhancement, modification unclassified, contains business information Legislative Affairs. and destruction of opto-mechanical submitted to the Department of State by the Enclosure: Transmittal No. DDTC 20–047. assemblies, subassemblies, and components applicant, publication of which could cause October 23, 2020 for existing and next generation (3rd Gen) competitive harm to the U.S. firm concerned. Forward Looking Infrared (FLIR) technology. The Honorable Nancy Pelosi, Speaker of the Sincerely, The U.S. government is prepared to license House of Representatives Jessica L. Moore, the export of these items having taken into Dear Madam Speaker: account political, military, economic, human Senior Bureau Official, Bureau of Legislative Affairs. Pursuant to Section 36(c) of the Arms rights, and arms control considerations. Export Control Act, please find enclosed a More detailed information is contained in Enclosure: Transmittal No. DDTC 20–045. certification of a proposed license for the the formal certification which, though October 23, 2020 export of defense articles, including technical unclassified, contains business information The Honorable Nancy Pelosi, Speaker of the data and defense services, in the amount of submitted to the Department of State by the House of Representatives $100,000,000 or more. applicant, publication of which could cause The transaction contained in the attached competitive harm to the U.S. firm concerned. Dear Madam Speaker: certification involves the export of defense Pursuant to Section 36(c) of the Arms Sincerely, articles, including technical data and defense Export Control Act, please find enclosed a Jessica L. Moore, services, to Japan to support the incoming Senior Bureau Official, Bureau of Legislative certification of a proposed license for the inspection, diagnostic testing, disassembly, Affairs. export of defense articles, including technical repair, reassembly, and verification testing data and defense services, in the amount of Enclosure: Transmittal No. DDTC 20–043. for Patriot PAC–3 4-Pack Munition $50,000,000 or more. Assemblies (CRI) and 1-Pack Munition November 12, 2020 The transaction contained in the attached Assemblies (MSE) and associated The Honorable Nancy Pelosi, Speaker of the certification involves the export of defense subassemblies. House of Representatives articles, including technical data and defense The U.S. government is prepared to license services, to Australia and Saudi Arabia for Dear Madam Speaker: the export of these items having taken into the delivery, installation, assembly, Pursuant to Section 36(c) of the Arms account political, military, economic, human inspection, and testing of the Patriot Air Export Control Act, please find enclosed a rights, and arms control considerations. certification of a proposed license for the Missile Defense System Deep Maintenance More detailed information is contained in export of defense articles, including technical and Refurbishment (DMR) program. the formal certification which, though data and defense services, in the amount of The U.S. government is prepared to license unclassified, contains business information $50,000,000 or more. the export of these items having taken into submitted to the Department of State by the The transaction contained in the attached account political, military, economic, human applicant, publication of which could cause certification involves the export of defense rights, and arms control considerations. competitive harm to the U.S. firm concerned. articles, including technical data and defense More detailed information is contained in Sincerely, services, to Canada, Denmark, France, the formal certification which, though Jessica L. Moore, Republic of Korea, Taiwan and the UK to unclassified, contains business information Senior Bureau Official, Bureau of Legislative support the integration, installation, submitted to the Department of State by the Affairs. applicant, publication of which could cause operation, training, testing, maintenance, and Enclosure: Transmittal No. DDTC 20–048. repair of the Modular Scalable Sonar System. competitive harm to the U.S. firm concerned. The U.S. government is prepared to license Sincerely, December 14, 2020 the export of these items having taken into Jessica L. Moore, The Honorable Nancy Pelosi, Speaker of the account political, military, economic, human Senior Bureau Official, Bureau of Legislative House of Representatives rights, and arms control considerations. Affairs. Dear Madam Speaker: More detailed information is contained in Enclosure: Transmittal No. DDTC 20–046. Pursuant to Section 36(c) of the Arms the formal certification which, though Export Control Act, please find enclosed a December 16, 2020 unclassified, contains business information certification of a proposed license for the submitted to the Department of State by the The Honorable Nancy Pelosi, Speaker of the export of firearms, parts, and components applicant, publication of which could cause House of Representatives abroad controlled under Category I of the competitive harm to the U.S. firm concerned. Dear Madam Speaker: U.S. Munitions List in the amount of Sincerely, Pursuant to Section 36(c) of the Arms $1,000,000 or more. Ryan M. Kaldahl, Export Control Act, please find enclosed a The transaction contained in the attached Acting Assistant Secretary of State, Bureau of certification of a proposed license for the certification involves the export to Thailand Legislative Affairs. export of defense articles, including technical of M16A4 5.56 mm automatic rifles. Enclosure: Transmittal No. DDTC 20–044. data and defense services, in the amount of The U.S. government is prepared to license $100,000,000 or more. the export of these items having taken into October 22, 2020 The transaction contained in the attached account political, military, economic, human The Honorable Nancy Pelosi, Speaker of the certification involves the export of defense rights, and arms control considerations. House of Representatives articles, including technical data and defense More detailed information is contained in Dear Madam Speaker: services, to Italy, France, and Germany to the formal certification which, though Pursuant to Section 36(c) of the Arms support the manufacture of components for unclassified, contains business information Export Control Act, please find enclosed a GE38–1B/T408–GE–400 and GE38–1C submitted to the Department of State by the certification of a proposed license for the engines used on CH–53K and CH–47 applicant, publication of which could cause export of defense articles, including technical helicopters. competitive harm to the U.S. firm concerned. data and defense services, in the amount of The U.S. government is prepared to license Sincerely, $50,000,000 or more. the export of these items having taken into Ryan M. Kaldahl, The transaction contained in the attached account political, military, economic, human Acting Assistant Secretary of State, Bureau of certification involves the export of defense rights, and arms control considerations. Legislative Affairs.

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Enclosure: Transmittal No. DDTC 20–049. Pursuant to Section 36(c) of the Arms articles, including technical data and defense Export Control Act, please find enclosed a services, to Canada to support the December 16, 2020 certification of a proposed license for the manufacture and testing of silencers, The Honorable Nancy Pelosi, Speaker of the export of firearms, parts, and components associated parts, and components. House of Representatives abroad controlled under Category I of the The U.S. government is prepared to license Dear Madam Speaker: U.S. Munitions List in the amount of the export of these items having taken into Pursuant to Sections 36(c) and (d) of the $1,000,000 or more. account political, military, economic, human Arms Export Control Act, please find The transaction contained in the attached rights, and arms control considerations. enclosed a certification of a proposed license certification involves the export to the UK of More detailed information is contained in for the manufacture of significant military 5.56 mm, 7.62 mm, and .300 blackout the formal certification which, though equipment abroad and the export of firearms, automatic rifles, major component parts, and unclassified, contains business information parts, and components abroad controlled suppressors. submitted to the Department of State by the under Category I of the U.S. Munitions List The U.S. government is prepared to license applicant, publication of which could cause in the amount of $1,000,000 or more. the export of these items having taken into competitive harm to the U.S. firm concerned. The transaction contained in the attached account political, military, economic, human Sincerely, certification involves the export of defense rights, and arms control considerations. Ryan M. Kaldahl, articles, including technical data and defense More detailed information is contained in Acting Assistant Secretary of State, Bureau of services, to Canada to support the the formal certification which, though Legislative Affairs. unclassified, contains business information manufacture and testing of automatic firearm Enclosure: Transmittal No. DDTC 20–069. parts, silencers, associated parts, and submitted to the Department of State by the December 16, 2020 components. applicant, publication of which could cause The U.S. government is prepared to license competitive harm to the U.S. firm concerned. The Honorable Nancy Pelosi, Speaker of the the export of these items having taken into Sincerely, House of Representatives account political, military, economic, human Jessica L. Moore, Dear Madam Speaker: rights, and arms control considerations. Senior Bureau Official, Bureau of Legislative Pursuant to Section 36(c) of the Arms More detailed information is contained in Affairs. Export Control Act, please find enclosed a the formal certification which, though Enclosure: Transmittal No. DDTC 20–062. certification of a proposed license for the export of defense articles, including technical unclassified, contains business information December 14, 2020 submitted to the Department of State by the data and defense services, in the amount of applicant, publication of which could cause The Honorable Nancy Pelosi, Speaker of the $100,000,000 or more. competitive harm to the U.S. firm concerned. House of Representatives The transaction contained in the attached Sincerely, Dear Madam Speaker: certification involves the export of defense Ryan M. Kaldahl, Pursuant to Section 36(c) of the Arms articles, including technical data and defense Export Control Act, please find enclosed a Acting Assistant Secretary of State, Bureau of services, to Norway to support the certification of a proposed license for the Legislative Affairs. manufacture of Communications, Navigation, export of defense articles, including technical and Identification (CNI) modules, CNI power Enclosure: Transmittal No. DDTC 20–050. data and defense services, in the amount of supplies and digital boards for the F–35 Joint November 5, 2020 $100,000,000 or more. Strike Fighter aircraft. The Honorable Nancy Pelosi, Speaker of the The transaction contained in the attached The U.S. government is prepared to license House of Representatives certification involves the export of defense the export of these items having taken into articles, including technical data and defense account political, military, economic, human Dear Madam Speaker: services, to the Netherlands and the UK to rights, and arms control considerations. Pursuant to Section 36(c) of the Arms support the manufacture of the F–35 (all More detailed information is contained in Export Control Act, please find enclosed a variants) in-flight operating doors and drag the formal certification which, though certification of a proposed license for the chute assemblies, including subassemblies, unclassified, contains business information export of defense articles, including technical for the F–35 aircraft. submitted to the Department of State by the data and defense services, in the amount of The U.S. government is prepared to license applicant, publication of which could cause 100,000,000 or more. the export of these items having taken into competitive harm to the U.S. firm concerned. The transaction contained in the attached account political, military, economic, human certification involves the export of defense Sincerely, rights, and arms control considerations. Ryan M. Kaldahl, articles, including technical data and defense More detailed information is contained in services, to Australia to support the Acting Assistant Secretary of State, Bureau of the formal certification which, though Legislative Affairs. integration, installation, operation, training, unclassified, contains business information testing, maintenance, and repair of the fleet submitted to the Department of State by the Enclosure: Transmittal No. DDTC 20–071. of C–130J Hercules aircraft fleet and common applicant, publication of which could cause Paula Harrison, C–27J aircraft parts. competitive harm to the U.S. firm concerned. Senior Management Analyst, Directorate of The U.S. government is prepared to license Sincerely, the export of these items having taken into Defense Trade Controls, U.S. Department of Ryan M. Kaldahl, State. account political, military, economic, human Acting Assistant Secretary of State, Bureau of rights, and arms control considerations. Legislative Affairs. [FR Doc. 2021–08646 Filed 4–23–21; 8:45 am] More detailed information is contained in BILLING CODE 4710–25–P the formal certification which, though Enclosure: Transmittal No. DDTC 20–063. unclassified, contains business information December 22, 2020 submitted to the Department of State by the The Honorable Nancy Pelosi, Speaker of the DEPARTMENT OF STATE applicant, publication of which could cause House of Representatives [Public Notice: 11415] competitive harm to the U.S. firm concerned. Dear Madam Speaker: Sincerely, Pursuant to Sections 36(c) and (d) of the Jessica L. Moore, Arms Export Control Act, please find Notice of Charter Renewal for the Senior Bureau Official, Bureau of Legislative enclosed a certification of a proposed license President’s Emergency Plan for AIDS Affairs. for the manufacture of significant military Relief (PEPFAR) Scientific Advisory Enclosure: Transmittal No. DDTC 20–058. equipment abroad and the export of firearms Board components abroad controlled under October 23, 2020 Category I of the U.S. Munitions List in the The official designation of this The Honorable Nancy Pelosi, Speaker of the amount of $1,000,000 or more. advisory committee is The President’s House of Representatives The transaction contained in the attached Emergency Plan for AIDS Relief Dear Madam Speaker: certification involves the export of defense (PEPFAR) Scientific Advisory Board,

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hereinafter referred to as ‘‘the Board.’’ Secretary of State, in consultation with Pursuant to Section 5(a) of E.O. The Board is established under the the Secretary of the Treasury, the 13846, the Secretary of State has general authority of the Secretary of Secretary of Commerce, the Secretary of selected the following sanctions to be State and the Department of State (‘‘the Homeland Security, and the United imposed upon Ali Bayandarian, Department’’) as set forth in Title 22 of States Trade Representative, and with Triliance Petrochemical’s Director; and the United States Code, in particular the President of the Export-Import Bank, Zhiqing Wang, Shandong Qiwangda Section 2656 of that Title, and the Chairman of the Board of Governors Petrochemical Co., Ltd.’s Director; each consistent with the Federal Advisory of the Federal Reserve System, and of whom as been determined to be a Committee Act, as amended (5 U.S.C. other agencies and officials as principal executive officer of the Appendix). The Board serves the U.S. appropriate, is authorized to impose on aforementioned entities, or performing Global AIDS Coordinator solely in an a person any of the sanctions described similar functions with similar advisory capacity concerning scientific, in sections 4 or 5 of E.O. 13846 upon authorities as a principal executive implementation, and policy issues determining that the person met any of officer: related to the global response to HIV/ the criteria set forth in sections 3(a)(i)– AIDS. 3(a)(vi) of E.O. 13846. D Prohibit any transactions in foreign In accordance with Public Law 92– The Secretary of State has exchange that are subject to the 463, Section 14, it has been formally determined, pursuant to Section 3(a)(iii) jurisdiction of the United States and in determined to be in the public interest of E.O. 13846, that each of Triliance which Ali Bayandarian and Zhiqing to continue the Charter of the PEPFAR Petrochemical, Shandong Qiwangda Wang have any interest; Scientific Advisory Board for another Petrochemical Co., Ltd. and Jiaxiang D Prohibit any transfers of credit or two years. The Charter renewal was Industry Hong Kong Limited, have payments between financial institutions approved and filed on March 1, 2021. knowingly, on or after November 5, or by, through, or to any financial For further information about the 2018, engaged in a significant Board, please contact Dr. Sara Klucking, institution, to the extent that such transaction for the purchase, transfers or payments are subject to the Director of the Office of Research and acquisition, sale, transport, or marketing jurisdiction of the United States and Science and Designated Federal Officer of petrochemical products from Iran. involve any interest of Ali Bayandarian for the Board, Office of the U.S. Global Pursuant to Section 5(a) of E.O. and Zhiqing Wang; AIDS Coordinator and Health 13846, the Secretary of State has Diplomacy, at [email protected] or selected the following sanctions to be D Block all property and interests in (202) 615–4350. imposed upon Triliance Petrochemical, property of Ali Bayandarian and Sara Klucking, Shandong Qiwangda Petrochemical Co., Zhiqing Wang that are in the United Director, Office of Research and Science, Ltd. and Jiaxiang Industry Hong Kong States, that hereafter come within the Designated Federal Officer, Office of the U.S. Limited: United States, or that are or hereafter Global AIDS Coordinator and Health D Prohibit any transactions in foreign come within the possession or control of Diplomacy, U.S. Department of State. exchange that are subject to the any United States person, and provide [FR Doc. 2021–08602 Filed 4–23–21; 8:45 am] jurisdiction of the United States and in that such property and interests in BILLING CODE 4710–10–P which the entities have any interest; property may not be transferred, paid, D Prohibit any transfers of credit or exported, withdrawn, or otherwise dealt payments between financial institutions in; and DEPARTMENT OF STATE or by, through, or to any financial D Restrict or prohibit imports of institution, to the extent that such [Public Notice: 11413] goods, technology, or services, directly transfers or payments are subject to the jurisdiction of the United States and or indirectly, into the United States Notice of Department of State from Ali Bayandarian and Zhiqing Sanctions Actions Reimposing Certain involve any interest of the entities; Wang. Sanctions With Respect to Iran D Block all property and interests in property that are in the United States, Additionally, pursuant to Section 4(e) SUMMARY: On January 23, 2020, that hereafter come within the United of E.O. 13846, the Secretary of State Secretary of State Michael R. Pompeo States, or that are or hereafter come shall deny a visa to, and the Secretary imposed sanctions on three entities and within the possession or control of any of Homeland Security shall exclude two individuals pursuant to E.O. 13846, United States person of the entities, and from the United States, any alien that Reimposing Certain Sanctions With provide that such property and interests the Secretary of State determines is a Respect to Iran. in property may not be transferred, paid, corporate officer or principal of, or a DATES: The Secretary of State’s exported, withdrawn, or otherwise dealt shareholder with a controlling interest determination and selection of certain in; in, a sanctioned person subject to this sanctions to be imposed upon the three D Prohibit any United States person action. entities and two individuals identified from investing in or purchasing in the SUPPLEMENTARY INFORMATION significant amounts of equity or debt Peter Haas, section were effective as of January 23, instruments of the entities; Acting Assistant Secretary, Bureau of 2020. D Restrict or prohibit imports of Economic and Business Affairs, Department FOR FURTHER INFORMATION CONTACT: goods, technology, or services, directly of State. Taylor Ruggles, Director, Office of or indirectly, into the United States [FR Doc. 2021–08642 Filed 4–23–21; 8:45 am] Economic Sanctions Policy and from the entities; and BILLING CODE 4710–AE–P Implementation, Bureau of Economic D Impose on the principal executive and Business Affairs, Department of officer or officers, or persons performing State, Washington, DC 20520, tel.: (202) similar functions and with similar 647 7677, email: [email protected]. authorities, of the entities the sanctions SUPPLEMENTARY INFORMATION: Pursuant described in sections 5(a)(ii)–5(a)(iv) to Section 3(a) of E.O. 13846, the and 5(a)(vi) of E.O. 13846.

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SURFACE TRANSPORTATION BOARD Applicants to supplement their schedule, the Board finds that a submission with the requisite schedule based on the full 180 days [Docket No. FD 36472; Docket No. FD 36472 (Sub-No. 1); Docket No. FD 36472 (Sub-No. information for a ‘‘significant’’ allowed by the statute is more 2); Docket No. FD 36472 (Sub-No. 3); Docket transaction in accordance with the appropriate. As the Board noted in No. FD 36472 (Sub-No. 4); Docket No. FD Board’s regulations, between April 25 Decision No. 1, slip op. at 8, in a 36472 (Sub-No. 5); Docket No. AB 1312X] and June 25, 2021 (i.e., two to four ‘‘significant’’ transaction proceeding, months after the prefiling notice was applicants are required to submit more CSX Corporation and CSX submitted). detailed information regarding Transportation, Inc., et al.—Control DATES: Written comments on the competitive effects, operating plans, and and Merger—Pan Am Systems, Inc., Board’s proposed procedural schedule other issues than in a ‘‘minor’’ Pan Am Railways, Inc., Boston and must be filed by May 6, 2021. transaction proceeding. Also, unlike in Maine Corporation, Maine Central Railroad Company, Northern Railroad, ADDRESSES: Any filing submitted in this a ‘‘minor’’ transaction proceeding, Pan Am Southern LLC, Portland proceeding should be filed with the parties in a ‘‘significant’’ transaction Terminal Company, Springfield Board via e-filing on the Board’s proceeding are permitted to file Terminal Railway Company, Stony website. In addition, one copy of each responsive applications, including Brook Railroad Company, and Vermont filing must be sent (and may be sent by inconsistent applications. Id. Given & Massachusetts Railroad Company; email only if service by email is these procedural features of Norfolk Southern Railway—Trackage acceptable to the recipient) to each of ‘‘significant’’ transactions, the Board Rights Exemption—CSX the following: (1) Secretary of finds that the schedule proposed by Transportation, Inc.; Norfolk Southern Transportation, 1200 New Jersey Applicants would be too compressed. Railway—Trackage Rights Avenue SE, Washington, DC 20590; (2) Indeed, the Applicants’ proposed 127- Exemption—Providence & Worcester Attorney General of the United States, c/ day schedule here is only 22 days longer Railroad; Norfolk Southern Railway— o Assistant Attorney General, Antitrust than the 105-day schedule 3 the Trackage Rights Exemption—Boston & Division, Room 3109, Department of Applicants proposed when they sought Maine Corp.; Norfolk Southern Justice, Washington, DC 20530; (3) to classify this transaction as ‘‘minor.’’ 4 1 Railway—Trackage Rights CSX’s and 747 Merger Sub 2’s (See Notice 14.) Moreover, the Exemption—Pan Am Southern LLC; representative, Anthony J. LaRocca, Applicants provide no explanation why Steptoe & Johnson LLP, 1330 Pittsburg & Shawmut Railroad— such an expedited schedule is needed. Connecticut Ave. NW, Washington, DC Operation Exemption—Pan Am Therefore, the Board will propose the 20036; (4) Systems’,2 PAR’s, and PAR Southern LLC; SMS Rail Lines of New following procedural schedule.5 York, LLC—Discontinuance Railroads’ representative, Robert B. Exemption—in Albany County, NY Culliford, Pan Am Systems, Inc., 1700 Iron Horse Park, North Billerica, MA April 26, Application due. 2021. AGENCY: Surface Transportation Board. 01862; and (5) any other person May 26, 2021 Board notice of acceptance ACTION: Decision No. 2 in STB Finance designated as a Party of Record on the of application to be pub- Docket No. 36472; Notice of Proposed service list. lished in the Federal Reg- Procedural Schedule and Request for FOR FURTHER INFORMATION CONTACT: ister. Comments. Amy Ziehm at (202) 245–0391. June 16, 2021 Notices of intent to partici- Assistance for the hearing impaired is pate in this proceeding SUMMARY: The Surface Transportation due. Board (Board) invites public comments available through the Federal Relay on a proposed procedural schedule for Service at (800) 877–8339. this proceeding. On February 25, 2021, SUPPLEMENTARY INFORMATION: On April CSX Corporation (CSXC), CSX 1, 2021, Applicants filed a petition to Transportation Inc. (CSXT), 747 Merger establish a revised procedural schedule Sub 2, Inc. (747 Merger Sub 2), Pan Am as directed by the Board in Decision No. Systems, Inc. (Systems), Pan Am 1. The Board will propose modifications Railways, Inc. (PAR), Boston and Maine to the Applicants’ proposed schedule. Corporation (Boston & Maine), Maine Under 49 U.S.C. 11325(c), the Board Central Railroad Company (Maine must conclude the evidentiary Central), Northern Railroad (Northern), proceedings for a significant transaction 3 A 105-day schedule is the maximum time Portland Terminal Company (Portland no later than 180 days after publication permitted for the evidentiary proceeding in a Terminal), Springfield Terminal of notice in the Federal Register that the ‘‘minor’’ transaction under 49 U.S.C. 11325(d). Railway Company (Springfield Board has accepted the application. 4 Applicants’ submission was filed as an Terminal), Stony Brook Railroad Here, the Applicants have proposed a application for approval as a ‘‘minor’’ transaction Company (Stony Brook), and Vermont & schedule in which the record would pursuant to 49 CFR 1180.2(c). However, in Decision No. 1, the Board found that the proposed Massachusetts Railroad Company close 127 days after Federal Register publication. Although section 11325(c) transaction should be classified as a ‘‘significant’’ (V&M) (collectively, Applicants) transaction, which must meet different procedural submitted a filing with the Board. The allows the Board to set a shorter and informational requirements, and that applicants are seeking approval for: (1) Applicants’ submission therefore could not be CSXC, CSXT, and 747 Merger Sub 2 to 1 CSXT is a wholly owned subsidiary of CSXC. treated as an application. The Board determined CSXC and CSXT are referred to collectively as CSX. that it would consider the February 25, 2021 control the seven railroads controlled by 2 Systems directly and wholly owns PAR, which Systems and PAR, and (2) CSXT to submission a prefiling notification, as required in in turn directly and wholly owns four rail carriers: significant transactions. See 49 CFR 1180.4(b)(1). merge six of the seven railroads into Boston & Maine, Maine Central, Portland Terminal, 5 The schedule proposed here is similar in CSXT. In Decision No. 1, served and and Springfield Terminal. Boston & Maine directly and wholly owns Northern and Stony Brook, as duration to the schedule adopted for a ‘‘significant’’ published on March 25, 2021, the Board well as a 98% interest in V&M. These seven rail transaction in Canadian Pacific Railway—Control— accepted the February 25 submission as carriers will be referred to collectively as the PAR Dakota, Minnesota & Eastern Railroad, FD 35081 a prefiling notification, thus allowing Railroads. (STB served Dec. 27, 2007).

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June 25, 2021 Descriptions of anticipated review is not required, the Board will classification or implementation of responsive, including in- establish case-specific procedures. 49 product exclusions, contact consistent, applications CFR 1106.4(b), (c). Applicants claim [email protected]. due. Petitions for waiver that an environmental review would not or clarification with re- SUPPLEMENTARY INFORMATION: For spect to such applications be required for this transaction. (Notice 34–38; CSXC and CSXT Letter to background on the proceedings in this due. Comments, protests, investigation, please see prior notices requests for conditions, Danielle Gosselin, Acting Director, OEA, Apr. 7, 2021 (Environmental Comment including 82 FR 40213 (August 24, and any other evidence 2017), 83 FR 14906 (April 6, 2018), 83 and argument in opposi- EI–30550).) The Board’s Office of tion to the Application or Environmental Analysis is reviewing FR 28710 (June 20, 2018), 83 FR 33608 Related Transactions due. information submitted by Applicants on (July 17, 2018), 83 FR 38760 (August 7, This includes any com- the transaction’s anticipated 2018), 83 FR 47974 (September 21, ments from the U.S. De- environmental impacts and the Board 2018), 83 FR 49153 (September 28, partment of Justice (DOJ) will address environmental review 2018), 83 FR 65198 (December 19, and U.S. Department of 2018), 84 FR 7966 (March 5, 2019), 84 6 issues in a subsequent decision. Transportation (USDOT). FR 20459 (May 9, 2019), 84 FR 29576 July 26, 2021 Responsive, including in- Decided: April 19, 2021. (June 24, 2019), 84 FR 38717 (August 7, consistent, applications By the Board, Board Members Begeman, 2019), 84 FR 46212 (September 3, 2019), due. Fuchs, Oberman, Primus, and Schultz. September 8, Responses to comments, 84 FR 49591 (September 20, 2019), 84 Jeffrey Herzig, 2021. protests, requests for con- FR 57803 (October 28, 2019), 84 FR ditions, and other opposi- Clearance Clerk. 61674 (November 13, 2019), 84 FR tion due, including to [FR Doc. 2021–08493 Filed 4–23–21; 8:45 am] 65882 (November 29, 2019), 84 FR DOJ and USDOT filings. BILLING CODE 4915–01–P 69012 (December 17, 2019), 85 FR 549 Responses to responsive, (January 6, 2020), 85 FR 6674 (February including inconsistent, 5, 2020), 85 FR 9921 (February 20, applications due. Rebuttal OFFICE OF THE UNITED STATES 2020), 85 FR 15015 (March 16, 2020), 85 in support of the Applica- FR 17158 (March 26, 2020), 85 FR 23122 tion and Related Trans- TRADE REPRESENTATIVE actions due. (April 24, 2020), 85 FR 27489 (May 8, October 8, Rebuttal in support of re- Notice of Technical Amendment to 2020), and 85 FR 32094 (May 28, 2020). 2021. sponsive, including in- Product Exclusions: China’s Acts, Effective September 24, 2018, the U.S. consistent, applications Policies, and Practices Related to Trade Representative imposed due. Technology Transfer, Intellectual additional 10 percent ad valorem duties TBD ...... Public hearing (if nec- Property, and Innovation essary).7 on goods of China classified in 5,757 November 22, Final briefs due.8 (Close of AGENCY: Office of the United States full and partial subheadings of the 2021. the record.) Trade Representative. Harmonized Tariff Schedule of the February 18, Service date of final deci- ACTION: Notice. United States (HTSUS), with an 2022. sion. approximate annual trade value of $200 March 20, Effective date of final deci- SUMMARY: In September 2018, the U.S. billion. See 83 FR 47974, as modified by 2022. sion. Trade Representative imposed 83 FR 49153. In May 2019, the U.S. The Board invites all interested additional duties on goods of China Trade Representative increased the persons to submit written comments on with an annual trade value of additional duty to 25 percent, with an the proposed procedural schedule. approximately $200 billion as part of effective date of May 10, 2019. See 84 Comments must be filed by May 6, the action in the Section 301 FR 20459. 2021. The proposed dates in this investigation of China’s acts, policies, To account for customs enforcement decision are subject to change and practices related to technology factors and the average transit time depending on the comments received or transfer, intellectual property, and between China and the United States by other circumstances. innovation. In June 2019, the U.S. Trade sea, an implementing notice published The Board notes that Applicants’ Representative initiated a product on May 15, 2019, provided that proposed procedural schedule included exclusion process and then published products of China covered by the a due date for the filing of their Safety several notices of exclusions. This September 2018 action that were Integration Plan (SIP), as required by 49 notice makes a technical amendment to exported before May 10, 2019, were not CFR 1180.1(f)(3). The Board considers the exclusions that apply to certain subject to the additional duty of 25 the SIP as part of its environmental products of China covered by the percent, as long as the products entered review process or, if an environmental September 2018 action that were into the United States prior to June 1, exported from China before May 10, 2019. See 84 FR 21892. This 6 Although Applicants propose that such filings 2019, and entered the United States subsequently was amended to extend be due on July 9, 2021, which would be 44 days after May 10, 2019, and before June 15, the June 1, 2019 date to June 15, 2019. after the Federal Register notice accepting the 2019. application, section 11325(c)(1) calls for such See 84 FR 26930. To distinguish the filings to be submitted 30 days after the Federal DATES: This technical amendment covered products of China subject to the Register notice. covers goods exported from China 10 percent rate of additional duty from 7 The Board will decide whether to conduct a before May 10, 2019, that entered the those subject to the 25 percent rate, a public hearing, which would be held between the United States after May 10, 2019, and filing of rebuttals and final briefs, in a later decision new heading in Chapter 99 of the after the record has been more fully developed. See before June 15, 2019. HTSUS (9903.88.09) was created to 49 U.S.C. 11324(a) (‘‘The Board shall hold a public FOR FURTHER INFORMATION CONTACT: For cover products from China exported hearing unless the Board determines that a public general questions about this notice, before May 10, 2019, and entered into hearing is not necessary in the public interest.’’). 8 The Board will also determine the page limits contact Associate General Counsel the United States on or after May 10, for final briefs in a later decision after the record Philip Butler at (202) 395–5725. For 2019, and before June 15, 2019. See 84 has been more fully developed. specific questions on customs FR 21892, as modified by 84 FR 26930.

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On June 24, 2019, the U.S. Trade DEPARTMENT OF TRANSPORTATION Administration New England Region Representative established a process by Airports Division, 1200 District Avenue, which stakeholders could request Federal Aviation Administration Burlington, Massachusetts 01803. exclusion of particular products Telephone: 781–238–7618. Notice of Intent To Rule on Request for classified within an eight-digit HTSUS Authority: 49 U.S.C. 47107(h)(2). subheading covered by the $200 billion Change in Land Use From action from the additional duties. See 84 Aeronautical to Non Aeronautical for Issued in Burlington, Massachusetts on April 21, 2021. FR 29576. In August 2019, the U.S. 16.2 Acres of Land at Pittsfield Julie Seltsam-Wilps, Trade Representative granted an initial Municipal Airport, Pittsfield, MA Deputy Director, ANE–600. set of exclusion requests. See 84 FR AGENCY: Federal Aviation 38717. The U.S. Trade Representative Administration (FAA), DOT. [FR Doc. 2021–08594 Filed 4–23–21; 8:45 am] BILLING CODE 4910–13–P granted additional exclusions in ACTION: Request for public comments. September, October, November and December 2019, and January, February, SUMMARY: Notice is being given that the March, April and May 2020. See 84 FR FAA is considering a request from the DEPARTMENT OF TRANSPORTATION Town of Pittsfield, MA to change 16.2 49591; 84 FR 57803; 84 FR 61674; 84 FR Federal Aviation Administration 65882; 84 FR 69012; 85 FR 549; 85 FR acres of land from aeronautical to non- 6674; 85 FR 9921; 85 FR 15015; 85 FR aeronautical use for non-aeronautical [Summary Notice No.—2021–2070] 17158; 85 FR 23122; 85 FR 27489; and revenue generation at Pittsfield Petition for Exemption; Summary of 85 FR 32094. Municipal Airport, Pittsfield, MA. The airport has two projects. The fire project Petition Received; Wing Aviation, LLC Published exclusions under the $200 is the installation of a solar farm and the billion action were to apply as of AGENCY: Federal Aviation second is a municipal water tank that September 24, 2018, the effective date of Administration (FAA), Department of will service the airport. The solar the $200 billion action, and extend to Transportation (DOT). facility will be built on three on airport August 7, 2020. However, the ACTION: Notice. sites, totaling 15.5 acres, and will implementing language used in the produce 6 mW of energy. The power SUMMARY: exclusions notices did not include a This notice contains a produced will go into the electrical grid, reference to HTSUS heading 9903.88.09 summary of a petition seeking relief however, the airport will have a long and therefore did not have the effect of from specified requirements of Federal term land lease with the solar utility, excluding products that were exported Aviation Regulations. The purpose of generating a long term revenue stream before May 10, 2019, and entered into this notice is to improve the public’s for the airport. The lease revenue will be the United States on or after May 10, awareness of, and participation in, the placed in the airport’s operating and 2019, and before June 15, 2019. The FAA’s exemption process. Neither maintenance fund. The municipal water annex to this notice makes a technical publication of this notice nor the tank will serve the community as well correction to the exclusions granted inclusion or omission of information in as the airport, significantly enhancing under the $200 billion action to include the summary is intended to affect the the existing airport water system and HTSUS heading 9903.88.09. Like all legal status of the petition or its final serve future development on the airport exclusions under this Section 301 disposition. as well. The tank and access road investigation, this technical correction DATES: Comments on this petition must requires approximately .73 acres and applies to entries of goods that are not identify the petition docket number and will not interfere with future liquidated or to entries that are must be received on or before May 17, development of the airport. liquidated but not final. 2021. DATES: Comments must be received on ADDRESSES: Send comments identified Annex or before May 26, 2021. by docket number FAA–2018–0835 Effective with respect to goods entered for ADDRESSES: You may send comments using any of the following methods: using any of the following methods: • consumption, or withdrawn from warehouse • Federal eRulemaking Portal: Go to for consumption under Harmonized Tariff Federal eRulemaking Portal: Go to http://www.regulations.gov and follow Schedule of the United States (HTSUS) http://www.regulations.gov, and follow the online instructions for sending your heading 9903.88.09, note 20(l) to subchapter the instructions on providing comments electronically. comments. • III of chapter 99 of the Harmonized Tariff • Mail: Send comments to Docket Schedule of the United States is modified by Fax: 202–493–2251. Operations, M–30; U.S. Department of • Mail: U.S. Department of inserting the following sentence after the first Transportation, 1200 New Jersey Transportation, Docket Operations, M– paragraph: Avenue SE, Room W12–140, West ‘‘The product exclusions provided by 30, West Building Ground Floor, Room Building Ground Floor, Washington, DC headings 9903.88.13, 9903.88.18, 9903.88.33, W 12–140, 1200 New Jersey Avenue SE, 20590–0001. Washington, DC 20590. • 9903.88.34, 9903.88.35, 9903.88.36, • Hand Delivery or Courier: Take 9903.88.37, 9903.88.38, 9903.88.40, Hand Delivery: Deliver to mail comments to Docket Operations in 9903.88.41, 9903.88.43, 9903.88.45, address above between 9 a.m. and 5 Room W12–140 of the West Building 9903.88.46 and 9903.88.48 shall apply to p.m., Monday through Friday, except Ground Floor at 1200 New Jersey articles the product of China that were Federal holidays. Avenue SE, Washington, DC 20590– Interested persons may inspect the entered under heading 9903.88.09 and that 0001, between 9 a.m. and 5 p.m., request and supporting documents by are provided for in this subdivision.’’ Monday through Friday, except Federal contacting the FAA at the address listed holidays. Greta Peisch, under FOR FURTHER INFORMATION • Fax: Fax comments to Docket General Counsel, Office of the United States CONTACT. Operations at (202) 493–2251. Trade Representative. FOR FURTHER INFORMATION CONTACT: Mr. Privacy: In accordance with 5 U.S.C. [FR Doc. 2021–08603 Filed 4–23–21; 8:45 am] Jorge E. Panteli, Compliance and Land 553(c), DOT solicits comments from the BILLING CODE 3290–F1–P Use Specialist, Federal Aviation public to better inform its rulemaking

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process. DOT posts these comments, the governing part 135 regulation that utilized for the development of the Draft without edit, including any personal necessitates line checks of their EIS. The NYSDOT may initiate a new information the commenter provides, to operations staff every 12 months. project in the future as they remain http://www.regulations.gov, as [FR Doc. 2021–08649 Filed 4–23–21; 8:45 am] committed to advancing strategies that described in the system of records BILLING CODE 4910–13–P mitigate congestion and reduce notice (DOT/ALL–14 FDMS), which can greenhouse gas emissions, including be reviewed at http://www.dot.gov/ increasing the efficiency of freight goods privacy. DEPARTMENT OF TRANSPORTATION movement in the Long Island Region. Docket: Background documents or Any future Federal-aided Long Island comments received may be read at Federal Highway Administration Rail-Truck Intermodal Facility project http://www.regulations.gov at any time. will comply with the environmental Follow the online instructions for Rescinding a Notice of Intent To Prepare an Environmental Impact review requirements of the National accessing the docket or go to the Docket Environmental Policy Act (NEPA) (42 Operations in Room W12–140 of the Statement for the Long Island Rail- Truck Intermodal Facility U.S.C. 4321 et seq.), FHWA West Building Ground Floor at 1200 environmental regulations (23 CFR part New Jersey Avenue SE, Washington, DC AGENCY: Federal Highway 771), and related authorities, as 20590–0001, between 9 a.m. and 5 p.m., Administration (FHWA), Department of appropriate. Comments and questions Monday through Friday, except Federal Transportation. concerning this action should be holidays. ACTION: Notice to rescind a notice of directed to FHWA at the address FOR FURTHER INFORMATION CONTACT: Nia intent to prepare an environmental provided in the FOR FURTHER Daniels, (202) 267–7626, Office of impact statement. INFORMATION CONTACT section of this Rulemaking, Federal Aviation Notice. SUMMARY: The FHWA is issuing this Administration, 800 Independence (Catalog of Federal Domestic Assistance Avenue SW, Washington, DC 20591. Notice to advise the public that we are rescinding the 2004 Notice of Intent Program Number 20.205, Highway Research, This notice is published pursuant to Planning and Construction. The regulations 14 CFR 11.85. (NOI) to Prepare an Environmental implementing Executive Order 12372 Impact Statement (EIS) for the Issued in Washington, DC. regarding intergovernmental consultation on development of the Long Island Rail- Federal programs and activities apply to this Timothy R. Adams, Truck Intermodal Facility (LIRTIF) on a program.) Deputy Executive Director, Office of portion of the Pilgrim State Hospital Rulemaking. Authority: 42 U.S.C. 4321 et seq.; 23 CFR property, located in the Town of Islip, part 771. Suffolk County, New York. Petition for Exemption Issued on: April 20, 2021. FOR FURTHER INFORMATION CONTACT: Docket No.: FAA–2018–0835. For FHWA: Richard J. Marquis, Division Richard J. Marquis, Petitioner: Wing Aviation, LLC. Division Administrator, Albany, New York. Section(s) of 14 CFR Affected: Administrator, Federal Highway [FR Doc. 2021–08601 Filed 4–23–21; 8:45 am] §§ 43.10(c)(5) and (d); 61.3(a); 91.9(b); Administration, New York Division, Leo 91.119(b) and (c); 91.151(a); W. O’Brien Federal Building, 7th Floor, BILLING CODE 4910–22–P 91.203(a)(1); 91.213(a), (b), and (c); Clinton Avenue and North Pearl Street, Albany, New York 12207, Telephone: 91.225(f); 135.21(f); 135.25(a)(1); DEPARTMENT OF TRANSPORTATION 135.63(c) and (d); 135.79(a)(1), (2), and 518–431–8897, Email: Rick.Marquis@ dot.gov. For New York State Department (3); 135.149(a); 135.161(a)(1), (2), and Federal Transit Administration (3); 135.203(a); 135.205(a); 135.209(a); of Transportation: Rich Causin, P.E., 135.215(b); 135.243(b)(1) and (2); Acting Regional Director, New York FY 2021 Competitive Funding 135.267; 135.337(b)(1) and (5); State Department of Transportation, Opportunity: Pilot Program for Transit- 135.338(b)(1) and (5); 135.339(e)(3) and Region 10, State Office Building, 250 Oriented Development Planning (4); 135.340(e)(3) and (4); 135.341(b)(2), Veterans Memorial Highway, (3), and (4); 135.415(b); 135.423(b)(1) Hauppauge, NY 11788, Telephone: 631– AGENCY: Federal Transit Administration through (3) and (c): 135.439(a)(2); 952–6632, Email: Mary.Ricard@ (FTA), DOT. dot.ny.gov. 135.501(a) and (2); 135.503(a)(1) and (2); ACTION: Notice of Funding Opportunity 135.503(b). SUPPLEMENTARY INFORMATION: The (NOFO). Description of Relief Sought: Wing FHWA, as the lead Federal agency, in Aviation LLC (Wing) seeks to amend cooperation with the New York State SUMMARY: The Federal Transit Exemption No. 18163 in order to Department of Transportation Administration (FTA) announces the expand its unmanned aircraft system (NYSDOT), published a NOI on June 10, opportunity to apply for $10,052,572 in (UAS) delivery services under Title 14, 2004 (69 FR 32656) to prepare an EIS for Fiscal Year (FY) 2020 and FY 2021 Code of Federal Regulations (14 CFR) the development of the LIRTIF on a funding under the Pilot Program for part 135. Wing intends to locate regional portion of the Pilgrim State Hospital Transit-Oriented Development Planning pilot in commands (PICs) in a central property, located in the Town of Islip, (TOD Pilot Program) (Federal Assistance hub, where the PIC may be located away Suffolk County, New York. Listing: 20.500). As required by Federal from the given operating area. Wing also Subsequently, FHWA and NYSDOT public transportation law and subject to intends to stage unmanned aircraft (UA) developed a Draft EIS that was signed funding availability, funds will be at multiple sites throughout the on May 22, 2007. FHWA hereby advises awarded competitively to support operating area rather than centralizing the public, after coordination with the comprehensive planning associated all UA in a single ground operating site. NYSDOT, that we are rescinding the with new fixed guideway and core Lastly, Wing asserts that it has NOI for the project and cancelling any capacity improvement projects. FTA demonstrated successful line checks at work associated with the existing EIS may award additional funding that is 6-month intervals and therefore seeks to due to the significant time that has made available to the program prior to fully align the prescribed intervals with passed and the age of the traffic data the announcement of project selections.

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DATES: Complete proposals must be greenhouse gas emissions, and by website. Funds are available for submitted electronically through the addressing the effects of climate change, obligation for four fiscal years after the GRANTS.GOV ‘‘APPLY’’ function by the TOD Pilot Program and this NOFO fiscal year in which the competitive 11:59 p.m. EDT on June 21, 2021. Any advance the goals of Executive Order awards are announced. Funds are applicant intending to apply should 13985: Advancing Racial Equity and available only for projects that have not initiate the process by registering on the Support for Underserved Communities incurred costs prior to the GRANTS.GOV Website immediately to Through the Federal Government; announcement of project selections. ensure completion of registration before Executive Order 13900: Protecting the submission deadline. Instructions Public Health and the Environment and C. Eligibility Information Restoring Science to Tackle the Climate for applying can be found on FTA’s 1. Eligible Applicants website at https://www.transit.dot.gov/ Crisis; and Executive Order 14008: TODPilot and in the ‘‘FIND’’ module of Tackling the Climate Crisis at Home and Applicants of the TOD Pilot Program GRANTS.GOV. The GRANTS.GOV Abroad. must be State or local governmental funding opportunity ID is FTA–2021– The TOD Pilot Program is intended to authorities and FTA grant recipients 004–TPE–TODP. Mail and fax fund comprehensive planning that (i.e., existing direct and designated supports economic development, submissions will not be accepted. recipients) as of the publication date of increased transit ridership, multimodal FOR FURTHER INFORMATION CONTACT: this NOFO in GRANTS.GOV. An April McLean-McCoy, FTA Office of connectivity and accessibility, improved transit access for pedestrian and bicycle applicant must be the project sponsor of Planning and Environment, (202) 366– an eligible transit capital project as 7429, or [email protected]. traffic, and increased mixed-use development near transit stations, and defined below in Section C, subsection A TDD is available at 1–800–877–8339 3, or an entity with land use planning (TDD/FIRS). addresses climate change, challenges facing environmental justice authority in the project corridor of an SUPPLEMENTARY INFORMATION: populations, and racial equity and eligible transit capital project. Except in Table of Contents barriers to opportunity. The TOD Pilot cases where an applicant is both the Program also encourages identification sponsor of an eligible transit project and A. Program Description B. Federal Award Information of infrastructure needs and engagement has land use authority in at least a C. Eligibility Information with the private sector. portion of the transit project corridor, D. Application and Submission Information FTA is seeking comprehensive the applicant must partner with the E. Application Review Information planning projects covering an entire relevant transit project sponsor or at F. Federal Award Administration transit capital project corridor, rather least one entity in the project corridor Information than proposals that involve planning for with land use planning authority. G. Federal Awarding Agency Contacts individual station areas or only a small Documentation of this partnership must H. Other Information section of the corridor. To ensure that be included with the application; see A. Program Description any proposed planning work both Section D, subsection 2 of this NOFO for reflects the needs and aspirations of the further information. Section 20005(b) of the Moving Ahead local community and results in for Progress in the 21st Century Act concrete, specific deliverables and Only one application per transit (MAP–21; Pub. L. 112–141, July 6, outcomes, transit project sponsors must capital project corridor may be 2012), with funding authorized by 49 partner with entities with land use submitted to FTA. Multiple applications U.S.C. 5338(a)(2)(B), authorizes FTA to planning authority in the transit project submitted for a single transit capital award grants under the TOD Pilot corridor to conduct the planning work. project corridor indicate that Program. This funding opportunity is partnerships are not in place and FTA B. Federal Award Information occurring under Federal Assistance will reject all of the applications. Listing number 20.500. FTA intends to award all available This program supports FTA’s strategic funding (approximately $10 million) in 2. Cost Sharing or Matching goals and objectives through the timely the form of grants to selected applicants The maximum Federal funding share and efficient investment in public responding to this NOFO. Additional is 80 percent. transportation. The TOD Pilot Program funds made available prior to project grants are competitively awarded to selection may be allocated to eligible Eligible sources of non-Federal match local communities to integrate land use projects. Due to funding limitations, include the following: Cash from non- and transportation planning with a new applicants that are selected for funding Federal sources (other than revenues fixed guideway or core capacity may receive less than the amount from providing public transportation improvement transit capital project as originally requested. services); revenues derived from the sale defined in Federal public transportation Only proposals from eligible of advertising and concessions; amounts law (49 U.S.C. 5309(a)). (See Section C recipients for eligible activities will be received under a service agreement with of this NOFO for more information considered for funding. FTA anticipates a State or local social service agency or about eligibility). This program supports minimum grant awards of $250,000 and private social service organization; the President’s Build Back Better maximum grant awards of $2,000,000. revenues generated from value capture initiative to mobilize American In the last NOFO that closed on financing mechanisms; funds from an ingenuity to build a modern October 16, 2020, the TOD Pilot undistributed cash surplus; replacement infrastructure and an equitable future. Program received applications for 19 or depreciation cash fund or reserve; or In addition, through promotion of eligible projects requesting a total of new capital. In-kind contributions are increased access for environmental $15,262,060. Nine (9) projects were justice populations, equity-focused funded at a total of $6,169,568. permitted. Transportation Development community outreach and public FTA will grant pre-award authority to Credits (formerly referred to as Toll engagement of underserved incur costs for selected projects Revenue Credits) may not be used to communities and adoption of equity- beginning on the date FY 2021 project satisfy the non-Federal match focused policies, reduction of selections are announced on FTA’s requirement.

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3. Other Eligibility Criteria Comprehensive planning work in a reduce greenhouse gas emissions, and corridor for a transit capital project that the effects of climate change; i. Eligible Transit Projects does not meet the statutory definition vii. An equity and inclusion program/ Any comprehensive planning work above of either a new fixed guideway plan or equity-focused policies related proposed for funding under the TOD project or a core capacity improvement to TOD; or Pilot Program must be associated with project is not eligible under the TOD viii. Local or regional resolutions to an eligible transit capital project. To be Pilot Program. implement TOD plans and/or establish eligible, the proposed transit capital TOD funding mechanisms. project must be a new fixed guideway ii. Eligible Activities iii. Ineligible Activities project or a core capacity improvement Any comprehensive planning efforts project as defined by Federal public funded under the TOD Pilot Program FTA will not make awards for the transportation law (49 U.S.C. 5309(a)), must address all six factors set forth in following activities: although it is not required to be Section 20005(b)(2) of MAP–21: i. TOD planning work only in a single approved for funding through the i. Enhances economic development, transit capital project station area; Capital Investment Grant program. ridership, and other goals established ii. Transit project development A fixed guideway is a public during the project development and activities that would be reimbursable transportation facility: engineering processes; under an FTA capital grant, such as (A) Using and occupying a separate ii. facilitates multimodal connectivity project planning, the design and right-of-way for the exclusive use of and accessibility; engineering of stations and other public transportation; iii. increases access to transit hubs for facilities, environmental analyses (B) using rail; pedestrian and bicycle traffic; needed for the transit capital project, or (C) using a fixed catenary system; iv. enables mixed-use development; costs associated with specific joint (D) for a passenger ferry system; or v. identifies infrastructure needs development activities; (E) for a bus rapid transit system. associated with the eligible project; and iii. Capital projects, such as land A New fixed guideway capital project vi. includes private sector acquisition, construction, and utility is defined in statute to be: participation. relocation; and (A) A new fixed guideway project that MAP–21 also requires the iv. Site- or parcel-specific planning, is a minimum operable segment or comprehensive planning effort to such as the design of individual extension to an existing fixed guideway advance the metropolitan planning structures. system; or organization’s metropolitan (B) a fixed guideway bus rapid transit transportation plan. Further, MAP–21 D. Application and Submission project that is a minimum operable requires applicants to establish Information segment or an extension to an existing performance criteria for the 1. Address To Request Application bus rapid transit system. comprehensive planning effort. Package A fixed guideway bus rapid transit Following are examples of the types project is defined in statute as a bus of substantial deliverables that may The application package may be capital project: result from the comprehensive planning obtained from GRANTS.GOV. (A) In which the majority of the work. Substantial deliverables are Applications must be submitted project operates in a separated right-of- reports, plans and other materials that electronically through GRANTS.GOV, way dedicated for public transportation represent the key accomplishments of and general information for submitting use during peak periods; the comprehensive planning effort and applications can be found at https:// (B) that represents a substantial that must be submitted to FTA as each www.grants.gov/web/grants/ investment in a single route in a defined is completed. Substantial deliverables applicants.html along with specific corridor or subarea; and may include, but are not restricted to, instructions for the forms and (C) that includes features that emulate the following: attachments required for submission. the services provided by rail fixed i. A comprehensive plan report that The Standard Form (SF) 424, guideway public transportation systems, includes corridor development policies Application for Federal Assistance, including: and station development plans which must be included with every (i) Defined stations; comprising the corridor, a proposed application, can be downloaded from (ii) traffic signal priority for public timeline, and recommended financing GRANTS.GOV. Mail and fax transportation vehicles; strategies for these plans; submissions will not be accepted. (iii) short headway bidirectional ii. A strategic plan report that A complete proposal submission services for a substantial part of includes corridor specific planning consists of two forms in addition to weekdays and weekend days; and strategies and program other documents described in section 2 (iv) any other features the Secretary recommendations to support below: The SF–424 Application for may determine are necessary to produce comprehensive planning; Federal Assistance (available at high-quality public transportation iii. Revised TOD-focused zoning GRANTS.GOV) and the supplemental services that emulate the services codes and/or resolutions; form for the FY 2021 TOD Pilot Program provided by rail fixed guideway public iv. A report evaluating and (available from GRANTS.GOV or the transportation systems. recommending financial tools to FTA website at https://www.transit. A core capacity improvement project encourage TOD implementation such as dot.gov/TODPilot). Failure to submit the is defined by 49 U.S.C. 5309(a) to mean land banking, value capture, and information as requested can delay a substantial corridor-based capital development financing; review or disqualify the application. investment in an existing fixed v. Policies to encourage TOD, guideway system that increases the including actions that reduce regulatory 2. Content and Form of Application capacity of the corridor by not less than barriers that unnecessarily raise the Submission 10 percent. The term does not include costs of housing development or impede Proposals must include a completed project elements designed to maintain a the development of affordable housing; SF–424 Mandatory form and the state of good repair of the existing fixed vi. Actions that increase access to following attachments to the completed guideway system. environmental justice populations, SF–424:

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i. A completed Applicant and 5. Identify the project title and project application; (2) provide a valid unique Proposal Profile supplemental form for scope to be funded, including entity identifier in its application; and the TOD Pilot Program (supplemental anticipated substantial deliverables and (3) continue to maintain an active SAM form) found on the FTA website at the milestones at when they will be registration with current information at https://www.transit.dot.gov/TODPilot. provided to FTA. all times during which the applicant has The information on the supplemental 6. Identify and describe an eligible an active Federal award or an form will be used to determine transit project that meets the application or plan under consideration applicant and project eligibility for the requirements of Section C, subsection 3 by FTA. FTA may not make an award program, and to evaluate the proposal of this notice. until the applicant has complied with against the selection criteria described 7. Provide evidence of a partnership all applicable unique entity identifier in part E of this notice; between the transit project sponsor and and SAM requirements. If an applicant ii. A map of the proposed study area at least one agency with land use has not fully complied with the showing the transit project alignment authority in the transit capital project requirements by the time FTA is ready and stations, major roadways, major corridor, as described earlier in this to make an award, FTA may determine landmarks, and the geographic subsection. that the applicant is not qualified to boundaries of the proposed 8. Address the six factors set forth in receive an award and use that comprehensive planning activities; MAP–21 Section 20005(b)(2). determination as a basis for making a iii. Documentation of a partnership 9. Address each evaluation criterion Federal award to another applicant. between the transit project sponsor and separately, demonstrating how the These requirements do not apply if the an entity in the project corridor with project responds to each criterion as applicant: (1) Is an individual; (2) is land use planning authority to conduct described in Section E. excepted from the requirements under 2 the comprehensive planning work, if the 10. Provide a line-item budget for the CFR 25.110(b) or (c); or (3) has an applicant does not have both of these total planning effort, with enough detail exception approved by FTA under 2 responsibilities. Documentation may to indicate the various key components CFR 25.110(d). SAM registration takes consist of a memorandum of agreement of the comprehensive planning project. approximately 3–5 business days, but or letter of intent signed by all parties 11. Identify the Federal amount FTA recommends allowing ample time, that describes the parties’ roles and requested. up to several weeks, for completion of responsibilities in the proposed 12. Document the matching funds, all steps. For additional information on comprehensive planning project; and including amount and source of the obtaining a unique entity identifier, iv. Documentation of any funding match (may include local or private please visit www.sam.gov. Non-Federal entities that have commitments for the proposed sector financial participation in the received a Federal award are required to comprehensive planning work. project). Describe whether the matching funds are committed or planned, and report certain civil, criminal, or Information such as the applicant’s include documentation of the administrative proceedings to SAM name, Federal amount requested, local commitments. (currently the Federal Awardee match amount, description of the study 13. Provide explanation of the Performance and Integrity Information area, are requested in varying degrees of scalability of the project. System (FAPIIS)) to ensure registration detail on both the SF–424 form and 14. Address whether other Federal information is current and comply with supplemental form. Applicants must fill funds have been sought or received for federal requirements. Applicants should in all fields unless stated otherwise on the comprehensive planning project. reference 2 CFR 200.113, for more the forms. Applicants should use both 15. Provide a schedule and process for information. the ‘‘Check Package for Errors’’ and the the development of the comprehensive 4. Submission Dates and Times ‘‘Validate Form’’ buttons on both forms plan that includes anticipated dates for to check all required fields, and ensure incorporating the planning work effort Project proposals must be submitted that the Federal and local amounts into the region’s unified planning work electronically through http:// specified are consistent. In the event of program, completing major tasks and www.GRANTS.GOV by 11:59 p.m. EDT errors with the supplemental form, FTA substantial deliverables, and completing on June 21, 2021. GRANTS.GOV recommends saving the form on your the overall planning effort. attaches a time stamp to each computer and ensuring that JavaScript 16. Describe how the comprehensive application at the time of submission. is enabled in your PDF reader. The planning work advances the Proposals submitted after the deadline information listed below MUST be metropolitan transportation plan of the will only be considered under included on the SF–424 and metropolitan planning organization. extraordinary circumstances not under supplemental forms for TOD Pilot 17. Propose performance criteria for the applicant’s control. Applications are Program funding applications. the development and implementation of time and date stamped by The SF–424 and supplemental form the comprehensive planning work. GRANTS.GOV upon successful will prompt applicants to address the 18. Identify potential State, local or submission. Mail and fax submissions following items: other impediments to the products of will not be accepted. 1. Provide the name of the lead the comprehensive planning work and Within 48 hours after submitting an applicant and, if applicable, the specific its implementation, and how the work electronic application, the applicant co-sponsors submitting the application. will address them. should receive two email messages from 2. Provide the applicant’s Dun and 19. Describe how the comprehensive GRANTS.GOV: (1) Confirmation of Bradstreet Data Universal Numbering planning work addresses climate change successful transmission to System (DUNS) number. and elevates challenges facing GRANTS.GOV; and (2) confirmation of 3. Provide contact information environmental justice populations. successful validation by GRANTS.GOV. including: Contact name, title, address, FTA will then validate the application phone number, and email address. 3. Unique Entity Identifier and System and will attempt to notify any 4. Specify the Congressional district(s) for Award Management (SAM) applicants whose applications could not where the planning project will take Each applicant is required to: (1) Be be validated. If the applicant does not place. registered in SAM before submitting an receive confirmation of successful

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validation or a notice of failed must be consistent with the facing environmental justice validation or incomplete materials, the Governmentwide Uniform populations in the region. applicant must address the reason for Administrative Requirements and Cost b. Strength of the Work Plan, Schedule the failed validation, as described in the Principles (2 CFR part 200) and FTA and Process email notice, and resubmit before the Circulars 5010.1E. submission deadline. If making a FTA will evaluate the strength of the 6. Other Submission Requirements resubmission for any reason, include all work plan, schedule and process original attachments regardless of which Applicants are encouraged to identify included in an application based on the attachments were updated and check scaled funding options in case following factors: the box on the supplemental form insufficient funding is available to fund i. Extent to which the schedule indicating this is a resubmission. An a project at the full requested amount. contains sufficient detail, identifies all application that is submitted at the If an applicant indicates that a project steps needed to implement the work deadline and cannot be validated will is scalable, the applicant must provide proposed, and is achievable; be marked as incomplete, and such an appropriate minimum funding ii. The proportion of the project applicants will not receive additional amount that will fund an eligible project corridor covered by the work plan; time to re-submit. that achieves the objectives of the iii. Extent of partnerships, including FTA urges applicants to submit their program and meets all relevant program with non-public sector entities; applications at least 96 hours prior to requirements. The applicant must iv. The partnerships’ technical the due date to allow time to receive the provide a clear explanation of how the capability to develop, adopt and validation messages and to correct any project budget would be affected by a implement the comprehensive plans, problems that may have caused a reduced award. FTA may award a lesser based on FTA’s assessment of the rejection notification. GRANTS.GOV amount regardless of whether a scalable applicant’s description of the policy scheduled maintenance and outage option is provided. formation, implementation, and times are announced on the All applications must be submitted financial roles of the partners, and the GRANTS.GOV website at http:// via the GRANTS.GOV website. FTA roles and responsibilities of proposed www.GRANTS.GOV. Deadlines will not does not accept applications on paper, staff; be extended due to scheduled by fax machine, email, or other means. v. Extent to which this TOD planning maintenance or outages. For information on application effort increases transit access for Applicants are encouraged to begin submission requirements, please see environmental justice populations and the registration process on the Section D.1., Address to Request allows them to participate in this TOD GRANTS.GOV site well in advance of Application and Section D.4., planning effort; the submission deadline. Registration is Submission Dates and Times. vi. Extent to which this TOD planning a multi-step process, which may take effort incorporates equity-focused E. Application Review Information several weeks to complete before an community outreach and public application can be submitted. Registered 1. Criteria engagement of underserved applicants may still be required to take Project proposals will be evaluated communities in the planning process; steps to keep their registration up to primarily on the responses provided in vii. Extent to which the date before submissions can be made the supplemental form. Additional comprehensive planning work will successfully: (1) Registration in SAM is information may be provided to support yield zoning policies that are supportive renewed annually and (2) persons the responses; however, any additional of more housing density near transit, making submissions on behalf of the documentation must be directly easing the pressures that make housing Authorized Organization Representative referenced on the supplemental form, unaffordable or insecure for (AOR) must be authorized in including the file name where the underserved communities; GRANTS.GOV by the AOR to make additional information can be found. viii. Extent to which the submissions. Applications will be evaluated based on comprehensive planning work will reduce greenhouse gas emissions and 5. Funding Restrictions the quality and extent to which the following evaluation criteria are the effects of climate change; See Section C of this NOFO for ix. Whether the performance addressed. detailed eligibility requirements. FTA measures identified in the application emphasizes that any comprehensive a. Demonstrated Need relate to the goals of the comprehensive planning projects funded through the FTA will evaluate each project to planning work. TOD Pilot Program must be associated determine the need for funding based on c. Funding Commitments with an eligible transit project, the following factors: specifically a new fixed guideway i. Potential state, local or other FTA will assess the status of local project or a core capacity improvement impediments to implementation of the matching funds for the planning work. project as defined in Federal transit products of the comprehensive planning Applications demonstrating that statute, 49 U.S.C. 5309(a). Projects are effort, and how the workplan will matching funds for the proposed not required to be funded through the address them; comprehensive planning work are Capital Investment Grant Program. ii. How the proposed work will already committed will receive higher Funds must be used only for the specific advance TOD implementation in the ratings from FTA on this factor. purposes requested in the application. corridor and region; Proposed comprehensive planning Funds under this NOFO cannot be used iii. Justification as to why Federal projects for which matching funding to reimburse projects for otherwise funds are needed for the proposed work; sources have been identified, but are not eligible expenses incurred prior to an and yet committed, will be given lower FTA award under this program. Refer to iv. Extent to which the transit project ratings under this factor by FTA, as will Section C.3., Eligible Projects, for corridor could benefit from TOD proposed comprehensive planning information on activities that are planning. projects for which in-kind contributions allowable in this grant program. v. Extent to which TOD planning will constitute the primary or sole source of Allowable direct and indirect expenses address climate change and challenges matching funds.

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2. Review and Selection Process Among the factors, in determining the recent Apportionment Notice at: https:// allocation of program funds FTA may www.transit.dot.gov. In addition to other FTA staff that consider geographic diversity, diversity ii. Grant Requirements may review the proposals, a technical in the size of the grant recipients evaluation committee will verify each receiving funding, or the applicant’s If selected, awardees will apply for a proposal’s eligibility and evaluate receipt of other competitive awards. grant through FTA’s Transit Award proposals based on the published Respectively, FTA will evaluate the Management System (TrAMS). evaluation criteria. Members of the proposals to determine the extent that Recipients of TOD Pilot Program funds technical evaluation committee and the proposed project will address are subject to the grant requirements of other FTA staff may request additional affordable housing needs, provide the Section 5303 Metropolitan Planning information from applicants, if equitable housing choices for program, including those of FTA necessary. Taking into consideration the environmental justice populations, and Circular 8100.1C and Circular 5010.1E. findings of the technical evaluation avoid displacement of low-income All competitive grants, regardless of committee, the FTA Administrator will households. award amount, will be subject to the determine the final selection of projects Congressional Notification and release for program funding. After applying the 3. Federal Awardee Performance and process. Technical assistance regarding above criteria, in support of the Intergrity Information System (FAPIIS) these requirements is available from President’s January 20, 2021, Executive each FTA regional office. Order 13900, Protecting Public Health Prior to making an award, FTA is required to review and consider any 2. Administrative and National Policy and the Environment and Restoring Requirements Science to Tackle the Climate Crisis, the information about the applicant that is FTA Administrator will consider the in the FAPIIS accessible through SAM. i. Planning An applicant may review and comment extent to which applicationsmay FTA encourages applicants to notify provide other air quality benefits as part on information about itself that a Federal awarding agency previously the appropriate metropolitan planning of the application review. Applicants organizations in areas likely to be served should identify any nonattainment or entered. FTA will consider any comments by the applicant, in addition by the funds made available under this maintenance areas under the Clean Air program. Selected projects must be Act in the proposed service area. to the other information in the designated integrity and performance incorporated into the unified planning Nonattainment or maintenance areas work programs of metropolitan areas should be limited to the following system, in making a judgment about the applicant’s integrity, business ethics, before they are eligible for FTA funding applicable National Ambient Air or pre-award authority. Quality Standards criteria pollutants: and record of performance under carbon monoxide, ozone, and Federal awards when completing the ii. Standard Assurances particulate matter 2.5 and 10. The U.S. review of risk posed by applicants as The applicant assures that it will Environmental Protection Agency’s described in the Office of Management comply with all applicable Federal Green Book (available at https:// and Budget’s Uniform Requirements for statutes, regulations, executive orders, www.epa.gov/green-book) is a publicly- Federal Awards (2 CFR 200.206). directives, FTA circulars, and other available resource for nonattainment F. Federal Award Administration Federal administrative requirements in and maintenance area data. This Information carrying out any project supported by consideration will further the goals of the FTA grant. The applicant the Executive Order, including the goal 1. Federal Award Notices acknowledges that it is under a to prioritize environmental justice (EJ). (a) The FTA Administrator will continuing obligation to comply with In addition, FTA will consider announce the final project selections on the terms and conditions of the grant benefits to EJ communities when the FTA website. Project recipients agreement issued for its project with reviewing applications received under should contact their FTA Regional FTA. The applicant understands that this program. Applicants should Offices for additional information Federal laws, regulations, policies, and administrative practices might be identify any EJ populations located regarding allocations for projects under modified from time to time and may within the proposed service area and the TOD Pilot Program. describe anticipated benefits to that affect the implementation of the project. i. Pre-Award Authority The applicant agrees that the most population(s) should the applicant recent Federal requirements will apply receive a grant under this program. A FTA will issue specific guidance to to the project, unless FTA issues a formal EJ analysis that is typically recipients regarding pre-award authority written determination otherwise. The included in transportation planning or at the time of selection. FTA does not applicant must submit the Certifications environmental reviews is not requested. provide pre-award authority for and Assurances before receiving a grant In support of Executive Order 13985, competitive funds until projects are if it does not have current certifications Advancing Racial Equity and Support selected and even then, there are on file. for Underserved Communities Through Federal requirements that must be met the Federal Government, FTA also will before costs are incurred. Funds under iii. Disadvantaged Business Enterprise consider the extent to which this NOFO cannot be used to reimburse FTA requires that its recipients applications promote racial equity and applicants for otherwise eligible receiving planning, capital, and/or the removal of barriers to opportunity expenses incurred prior to FTA award operating assistance that will award through such activities as equity- of a Grant Agreement until FTA has prime contracts exceeding $250,000 in focused community outreach and public issued pre-award authority for selected FTA funds in a Federal fiscal year engagement of underserved projects, or unless FTA has issued a comply with Department of communities in the planning process, ‘‘Letter of No Prejudice’’ for the project Transportation Disadvantaged Business and adoption of an equity and inclusion before the expenses are incurred. For Enterprise (DBE) program regulations program/plan or equity-focused policies more information about FTA’s policy on (49 CFR part 26). Applicants should related to TOD. pre-award authority, please see the most expect to include any funds awarded,

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excluding those to be used for vehicle GRANTS.GOV by 11:59 p.m. EDT on in consultation with the Secretary of procurements, in setting their overall June 21, 2021. Health and Human Services, to establish DBE goal. For issues with GRANTS.GOV, please an advisory committee to review contact GRANTS.GOV by phone at 1– options to improve the disclosure of 3. Reporting 800–518–4726 or by email at support@ charges and fees for air medical Post-award reporting requirements grants.gov. Contact information for services, better inform consumers of include submission of Federal Financial FTA’s regional offices can be found on insurance options for such services, and Reports and Milestone Progress Reports FTA’s website at www.fta.dot.gov. protect consumers from balance billing. On September 12, 2019, the Department in FTA’s electronic grants management Nuria I. Fernandez, system on a quarterly basis. Applicant announced the creation of the AAPB Deputy Administrator. should include any goals, targets, and Advisory Committee. indicators referenced in their [FR Doc. 2021–08662 Filed 4–23–21; 8:45 am] The AAPB Advisory Committee held application to the project in the BILLING CODE P a public meeting on January 15–16, Executive Summary of the TrAMS 2020. At that meeting, the AAPB application. Awardees must also submit Advisory Committee gathered DEPARTMENT OF TRANSPORTATION copies of the substantial deliverables information about the air ambulance industry, air ambulance costs and identified in the work plan to the FTA Office of the Secretary regional office at the corresponding billing, and insurance and air milestones. [Docket No. DOT–OST–2018–0206] ambulance payment systems. The AAPB As part of completing the annual Advisory Committee also discussed Air Ambulance and Patient Billing disclosure and separation of charges, certifications and assurances required of Advisory Committee Matters FTA grant recipients, a successful cost shifting, and balance billing. On February 4, 2020, the Department applicant must report on the suspension AGENCY: Office of the Secretary (OST), established three Subcommittees: (1) or debarment status of itself and its Department of Transportation (DOT). The Subcommittee on Disclosure and principals. If the award recipient’s ACTION: Notice of public meeting. Distinction of Charges and Coverage for active grants, cooperative agreements, Air Ambulance Services; (2) the and procurement contracts from all SUMMARY: The U.S. Department of Subcommittee on Prevention of Balance Federal awarding agencies exceeds Transportation (Department) announces Billing, and (3) the Subcommittee on $10,000,000 for any period of time a public meeting of the Air Ambulance State and DOT Consumer Protection during the period of performance of an and Patient Billing (AAPB) Advisory Authorities. On January 11, 2021, the award made pursuant to this Notice, the Committee on May 27–28, 2021. The Subcommittees filed reports and draft recipient must comply with the AAPB Advisory Committee will discuss recommendations for the full Recipient Integrity and Performance the reports and recommendations of the Committee’s review. The reports are Matters reporting requirements Subcommittee on Disclosure and available for public review on the AAPB described in Appendix XII to 2 CFR part Distinction of Charges and Coverage for Advisory Committee’s docket, DOT– 200.’’ Air Ambulance Services, Subcommittee on Prevention of Balance Billing, and OST–2018–0206. G. Federal Awarding Agency Contacts Subcommittee on State and DOT II. Summary of the Agenda Consumer Protection Authorities. For program-specific questions, please During the May 27–28 meeting, AAPB DATES: The AAPB Advisory Committee contact April McLean-McCoy, Office of Advisory the Committee will deliberate will hold a virtual meeting on May 27– Planning and Environment, (202) 366– on the Subcommittees’ reports and 28, 2021, from 10:00 a.m. to 5:30 p.m., 7429, email: April.McLeanMcCoy@ recommendations. A more detailed Eastern Daylight Time. dot.gov. A TDD is available at 1–800– agenda will be made available at least 877–8339 (TDD/FIRS). Any addenda ADDRESSES: The virtual meeting will be one week before the meeting at https:// that FTA releases on the application open to the public and held via the www.transportation.gov/airconsumer/ process will be posted at https:// Zoom Webinar Platform. Virtual AAPB. www.transit.dot.gov/TODPilot. To attendance information will be provided ensure applicants receive accurate upon registration. A detailed agenda III. Public Participation information about eligibility or the will be available on the AAPB Advisory The meeting will be open to the program, the applicant is encouraged to Committee website at https:// public and attendance may be limited contact FTA directly, rather than www.transportation.gov/airconsumer/ due to virtual meeting constraints. To through intermediaries or third parties. AAPB at least one week before the register, please send an email to the FTA staff may also conduct briefings on meeting, along with copies of the Department as set forth in the FOR the FY 2021 competitive grants meeting minutes after the meeting. FURTHER INFORMATION CONTACT section. selection and award process upon FOR FURTHER INFORMATION CONTACT: To The Department is committed to request. Contact informatiaon for FTA’s register and attend this virtual meeting, providing equal access to this meeting regional offices can be found on FTA’s please contact the Department by email for all participants. If you need website at www.transit.dot.gov. at [email protected]. Attendance is open to alternative formats or services because H. Other Program Information the public subject to any technical and/ of a disability, such as sign language or capacity limitations. For further interpreter or other ancillary aids, This program is not subject to information, contact Robert Gorman, please contact the person listed in the Executive Order 12372, Senior Attorney, at (202) 366–9342 or by FOR FURTHER INFORMATION CONTACT ‘‘Intergovernmental Review of Federal email at [email protected]. section. Programs.’’ FTA will consider SUPPLEMENTARY INFORMATION: Members of the public may also applications for funding only from present written comments at any time. eligible recipients for eligible projects I. Background The docket number referenced above listed in Section C. Complete The FAA Reauthorization Act of 2018 (DOT–OST–2018–0206) has been applications must be submitted through requires the Secretary of Transportation, established for committee documents,

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including any written comments that 622–4855; or the Assistant Director for Dated: April 21, 2021. may be filed. At the discretion of the Sanctions Compliance & Evaluation, Gregory T. Gatjanis, Chair, after completion of the planned tel.: 202–622–2490. Associate Director, Office of Global Targeting, agenda, individual members of the SUPPLEMENTARY INFORMATION: Office of Foreign Assets Control, U.S. public may provide comments through Department of the Treasury. the chat feature of the webinar platform Electronic Availability [FR Doc. 2021–08624 Filed 4–23–21; 8:45 am] or orally, time permitting. Any oral The Specially Designated Nationals BILLING CODE 4810–AL–P comments presented must be limited to and Blocked Persons List and additional the objectives of the committee and will information concerning OFAC sanctions be limited to five (5) minutes per programs are available on OFAC’s DEPARTMENT OF THE TREASURY person. Individual members of the website (www.treasury.gov/ofac). public who wish to present oral Office of Foreign Assets Control comments must notify the Department Notice of OFAC Action Notice of OFAC Sanctions Actions of Transportation contact noted above On April 21, 2021, OFAC determined via email that they wish to attend and that the property and interests in AGENCY: Office of Foreign Assets present oral comments no later than property subject to U.S. jurisdiction of Control, Department of the Treasury. May 24, 2021. the following persons are unblocked ACTION: Notice. Speakers are requested to submit a and they have been removed from the written copy of their prepared remarks SDN List under the relevant sanctions SUMMARY: The U.S. Department of the for inclusion in the meeting records and authority listed below. Treasury’s Office of Foreign Assets for circulation to AAPB Advisory Entities Control (OFAC) is publishing the names Committee members by May 24, 2021. of one or more person who have been All prepared remarks submitted on time 1. A.M. WAKED E HIJOS, S.A., removed from the list of Specially will be accepted and considered as part Panama; RUC #26961–10–226532 Designated Nationals and Blocked of the meeting’s record. (Panama) [SDNTK]. Persons (SDN List). Their property and 2. ADMINISTRACION MILLENIUM IV. Viewing Documents interests in property are no longer PLAZA, S.A., Panama; RUC #1050723– blocked, and U.S. persons are no longer You may view documents mentioned 1–547544 (Panama) [SDNTK]. generally prohibited from engaging in in this notice at https:// 3. CORPORACION MARITIMA DE transactions with them. www.regulations.gov. After entering the COLON, S.A., Panama; RUC #44053– DATES: SUPPLEMENTARY INFORMATION docket number (DOT–OST–2018–0206), 63–293930 (Panama); alt. RUC #44503– See click the link to ‘‘Open Docket Folder’’ 63–293930 (Panama) [SDNTK]. section. and choose the document to review. 4. FOOD COURT PLAZA MILENIO, FOR FURTHER INFORMATION CONTACT: Issued in Washington, DC. S.A., Panama; RUC #1103474–1–560398 OFAC: Andrea Gacki, Director, tel.: John E. Putnam, (Panama) [SDNTK]. 202–622–2480; Associate Director for Global Targeting, tel.: 202–622–2420; Acting General Counsel. 5. FRANQUICIAS MULTIPLES S.A., Panama; RUC #1874692–1–717842 Assistant Director for Licensing, tel.: [FR Doc. 2021–08536 Filed 4–23–21; 8:45 am] (Panama) [SDNTK]. 202–622–2480; Assistant Director for BILLING CODE 4910–9X–P 6. HACIENDA PAULISTA, S.A., Regulatory Affairs, tel.: 202–622–4855; Panama; RUC #466985–1–433708 or the Assistant Director for Sanctions (Panama) [SDNTK]. Compliance & Evaluation, tel.: 202–622– DEPARTMENT OF THE TREASURY 7. HERMANOS WAKED, S.A., 2490. Office of Foreign Assets Control Panama; RUC #466694–1–433666 SUPPLEMENTARY INFORMATION: (Panama) [SDNTK]. Electronic Availability Notice of OFAC Sanctions Action 8. HN Y N (HOT NEWS Y NEWS) PUBLICIDAD, S.A., Panama; RUC The Specially Designated Nationals AGENCY: Office of Foreign Assets #715153–1–471751 (Panama) [SDNTK]. and Blocked Persons List (SDN List) and Control, Treasury. 9. INVERSIONES DEL ATLANTICO, additional information concerning ACTION: Notice. LTD., Panama; RUC #951371–1–526012 OFAC sanctions programs are available (Panama) [SDNTK]. on OFAC’s website (https:// SUMMARY: The U.S. Department of the 10. INVERSIONES MP, S.A., Panama; www.treasury.gov/ofac). Treasury’s Office of Foreign Assets RUC #1603791–1–666816 (Panama) Notice of OFAC Actions Control (OFAC) is publishing the names [SDNTK]. of one or more persons whose property 11. LA GRAN BODEGA, S.A., On April 1, 2021, the President signed and interest in property have been Panama; RUC #580601–1–448114 Executive Order (E.O.) 14022, unblocked and who have been removed (Panama) [SDNTK]. ‘‘Termination of Emergency With from OFAC’s Specially Designated 12. PANAMA BIG GAME FISHING, Respect to the International Criminal Nationals and Blocked Persons List S.A., Panama; RUC #1538534–1–655100 Court,’’ which terminated the national (SDN List). (Panama) [SDNTK]. emergency declared in E.O. 13928 of DATES: See SUPPLEMENTARY INFORMATION 13. RESCATES MARINOS, S.A., June 11, 2020, ‘‘Blocking Property of section for effective dates. Panama; RUC #1192450–1–580499 Certain Persons Associated With the FOR FURTHER INFORMATION CONTACT: (Panama) [SDNTK]. International Criminal Court,’’ 85 FR OFAC: Bradley T. Smith, Acting 14. TATUNG INTERNACIONAL, S.A., 36139 and revoked that order. Director, tel.: 202–622–2480; Associate Panama; RUC #41534–72–284178 As such, the following individuals are Director for Global Targeting, tel.: 202– (Panama) [SDNTK]. no longer subject to the blocking 622–2420; Assistant Director for 15. URBANIZACION ALHAMBRA, provisions of E.O. 13928 as of the Licensing, tel.: 202–622–2480; Assistant S.A., Panama; RUC #998416–1–535687 effective date of E.O. 14022 and are Director for Regulatory Affairs, tel.: 202– (Panama) [SDNTK]. removed from the SDN List:

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Individuals property subject to U.S. jurisdiction of STATUS: This meeting will be open to the 1. BENSOUDA, Fatou (a.k.a. the following persons are blocked under public. BENSOUDA, Fatou Bom); DOB 31 Jan the relevant sanctions authority listed MATTERS TO BE CONSIDERED: The Unified 1961; POB Banjul, The Gambia; below. Carrier Registration Plan Education and nationality The Gambia; Gender Female; Entities Training Subcommittee (the Passport D0015886 (individual) [ICCP– ‘‘Subcommittee’’) will continue its work 1. MYANMA TIMBER ENTERPRISE EO13928]. in developing and implementing the (a.k.a. MYANMAR TIMBER 2. MOCHOCHOKO, Phakiso; DOB 04 Unified Carrier Registration Plan and ENTERPRISE; f.k.a. STATE TIMBER Sep 1957; POB Sea Point, Maseru, Agreement. The subject matter of this BOARD; f.k.a. TIMBER Lesotho; nationality Lesotho; Gender meeting will include: Male; Passport DA001009 (individual) CORPORATION), Gyogone Forest [ICCP–EO13928]. Compound, Bayint Naung Road, Insein Proposed Agenda Township, Rangoon, Burma; No. (72/74) I. Call to Order—Subcommittee Chair Dated: April 21, 2021. Shawe Dagon Pagoda Road, Dagon Bradley T. Smith, Township, Rangoon, Burma; P.O. Box The Subcommittee Chair will Acting Director, Office of Foreign Assets 206, Ahlone Street, Ahlone Township, welcome attendees, call the meeting to Control. Rangoon, Burma; Target Type State- order, call roll for the Subcommittee, [FR Doc. 2021–08623 Filed 4–23–21; 8:45 am] Owned Enterprise [BURMA–EO14014]. confirm whether a quorum is present, BILLING CODE 4810–AL–P Designated pursuant to section 1(a)(iv) and facilitate self-introductions. of Executive Order 14014 of February II. Verification of Publication of 10, 2021, ‘‘Blocking Property With DEPARTMENT OF THE TREASURY Meeting Notice—UCR Executive Respect to the Situation in Burma’’ (‘‘the Director Order’’) for being a political Office of Foreign Assets Control subdivision, agency, or instrumentality The UCR Executive Director will Notice of OFAC Sanctions Actions of the Government of Burma. verify the publication of the meeting 2. MYANMAR PEARL ENTERPRISE, notice on the UCR website and AGENCY: Office of Foreign Assets Yazathingha Street, Zabuthri Township, distribution to the UCR contact list via Control, Treasury. Naypyitaw, Burma; No. 10, Strand Road, email followed by the subsequent ACTION: Notice. Kangyi Quarter, Myeik Township, publication of the notice in the Federal Tanintharyi, Burma; 90 Kanbe St., Register. SUMMARY: The U.S. Department of the Yankin Tsp., Rangoon, Burma; No. 4345 III. Review and Approval of Treasury’s Office of Foreign Assets Bu Khwe, Naypyitaw, Burma; Target Subcommittee Agenda and Setting of Control (OFAC) is publishing the names Type State-Owned Enterprise [BURMA– Ground Rules—Subcommittee Chair of one or more persons that have been EO14014]. placed on OFAC’s Specially Designated Designated pursuant to section For Discussion and Possible Nationals and Blocked Persons List 1(a)(iv) of the Order for being a political Subcommittee Action (SDN List) based on OFAC’s subdivision, agency, or instrumentality determination that one or more of the Government of Burma. The Subcommittee Agenda will be applicable legal criteria were satisfied. reviewed, and the Subcommittee will Dated: April 21, 2021. All property and interests in property consider adoption. Bradley T. Smith, subject to U.S. jurisdiction of these Ground Rules persons are blocked, and U.S. persons Acting Director, Office of Foreign Assets Control, U.S. Department of the Treasury. ➢ are generally prohibited from engaging Subcommittee action only to be in transactions with them. [FR Doc. 2021–08599 Filed 4–23–21; 8:45 am] taken in designated areas on agenda. BILLING CODE 4810–AL–P DATES: See SUPPLEMENTARY INFORMATION IV. Review and Approval of Minutes section for effective date(s). From the March 18, 2021 Meeting— FOR FURTHER INFORMATION CONTACT: Subcommittee Chair OFAC: Andrea Gacki, Director, tel.: UNIFIED CARRIER REGISTRATION For Discussion and Possible 202–622–2490; Associate Director for PLAN Subcommittee Action Global Targeting, tel.: 202–622–2420; Assistant Director for Sanctions Sunshine Act Meetings; Unified Carrier Draft minutes from the March 18, Compliance & Evaluation, tel.: 202–622– Registration Plan Board Subcommittee 2021 Subcommittee meeting via 2490; Assistant Director for Licensing, Meeting teleconference will be reviewed. The tel.: 202–622–2480; or Assistant Director Subcommittee will consider action to for Regulatory Affairs, tel.: 202–622– TIME AND DATE: April 29, 2021, from approve. 4855. Noon to 2:00 p.m., Eastern time. V. Audit Module Development SUPPLEMENTARY INFORMATION: PLACE: This meeting will be accessible Discussion With the Education and via conference call and via Zoom Electronic Availability Training Subcommittee—UCR Meeting and Screenshare. Any Operations Director The Specially Designated Nationals interested person may call (i) 1–929– and Blocked Persons List and additional 205–6099 (US Toll) or 1–669–900–6833 The Subcommittee will discuss and information concerning OFAC sanctions (US Toll) or (ii) 1–877–853–5247 (US provide updates on development of the programs are available on OFAC’s Toll Free) or 1–888–788–0099 (US Toll Audit Module. website (https://www.treasury.gov/ofac). Free), Meeting ID: 976 6979 8627, to VI. Other Items—Subcommittee Chair listen and participate in this meeting. Notice of OFAC Action(s) The website to participate via Zoom The Subcommittee Chair will call for On April 21, 2021, OFAC determined Meeting and Screenshare is https:// any other items Subcommittee members that the property and interests in kellen.zoom.us/j/97669798627. would like to discuss.

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VII. Adjournment—Subcommittee The agenda will be available no later Directors, (617) 305–3783, eleaman@ Chair than 5:00 p.m. Eastern time, April 22, board.ucr.gov. 2021 at: https://plan.ucr.gov. Alex B. Leath, The Subcommittee Chair will adjourn CONTACT PERSON FOR MORE INFORMATION: the meeting. Chief Legal Officer, Unified Carrier Elizabeth Leaman, Chair, Unified Registration Plan. Carrier Registration Plan Board of [FR Doc. 2021–08733 Filed 4–22–21; 11:15 am] BILLING CODE 4910–YL–P

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20091, 20094, 20097, 20336, 212...... 18444, 20632 39 CFR 20456, 21216 2...... 17920, 20456 20338, 20341, 20459, 20461, 113...... 20287 24 CFR 9...... 19582 20465, 21228, 21231, 21233, 3040...... 18451 21238, 21240, 21965, 21967, Proposed Rules: 25...... 17311 21969 5...... 17346 Proposed Rules: 27...... 17920 121...... 21675 71 ...... 17333, 17553, 17754, 93...... 21984 54 ...... 17079, 18124, 19532 3030...... 17347, 19173 18484, 18485, 18487, 18488, 64...... 17726 3050...... 17100, 20351 18490, 20100, 20468, 20469, 25 CFR 73 ...... 18898, 20294, 21217, 21243, 21669, 21672, 21673 Proposed Rules: 40 CFR 21662 73...... 17555 15...... 19585 74...... 21217 52 ...... 17071, 18457, 20289, 1187...... 19162 Proposed Rules: 21207, 21648, 21941, 21942 15 CFR 0...... 17575 26 CFR 62...... 17543 4...... 21933 1...... 18000 80...... 17073 732...... 18433 1...... 21646 2...... 20111 81...... 19576 736...... 18433 Proposed Rules: 15...... 20111 180 ...... 17545, 17907, 17910, 744...... 18433, 18437 1...... 19585 25...... 20111, 20647 17914, 17917, 19145, 20290, 300...... 21246 27...... 18000, 20111 21944 16 CFR 54...... 18932 27 CFR 258...... 18185 64...... 18934 1231...... 17296 1519...... 19149 1640...... 18440 Proposed Rules: 73 ...... 17110, 17348, 18934, 9...... 20102 Proposed Rules: Proposed Rules: 20648, 21258, 21681 52 ...... 17101, 17106, 17567, 101...... 20111 1640...... 18491 29 CFR 17569, 17762, 19174, 19793, 17 CFR 4908...... 17066 20353, 20642, 20643, 20645, 48 CFR Proposed Rules: 21248, 21254 501...... 21663 1...... 19324 1910...... 18924 60...... 19176 4...... 19324 504...... 21665 63...... 19176 509...... 21665 41...... 19324 30 CFR 70...... 21254 190...... 19324 570...... 21665 550...... 19782 81 ...... 17762, 18227, 20353 3001...... 17312 240...... 18595 553...... 19782 141...... 17571 242...... 18595 3002...... 17312 917...... 21937 152...... 18232 3003...... 17312 249...... 17528, 18595 1206...... 20032 258...... 18237 3004...... 17312 274...... 17528 1241...... 20032 271...... 17572 3005...... 17312 Proposed Rules: 18 CFR 41 CFR 3006...... 17312 943...... 21246 3007...... 17312 35...... 20627, 21935 105–70...... 21948 401...... 20628 31 CFR 3009...... 17312 3010...... 17312 440...... 20628 501...... 18895 42 CFR 3011...... 17312 Proposed Rules: Proposed Rules: 100...... 21209 3012...... 17312 35...... 21246, 21972 1...... 19790 414...... 21949 3013...... 17312 101...... 17342 1010...... 17557 Proposed Rules: 3015...... 17312 59...... 19812 19 CFR 33 CFR 3016...... 17312 411...... 19954 3017...... 17312 100 ...... 20035, 20632, 20633 Ch. I...... 21188, 21189 412...... 19086, 19480 3018...... 17312 12...... 17055 117...... 18445, 19574 413...... 19954 165 ...... 17066, 17068, 18447, 3019...... 17312 208...... 18183, 19781 418...... 19700 3022...... 17312 361...... 17058 18449, 18896, 19784, 20633, 484...... 19700 20636, 21647 3023...... 17312 489...... 19954 3024...... 17312 20 CFR Proposed Rules: 3025...... 17312 96...... 17090 43 CFR 426...... 20631 3027...... 17312 Proposed Rules: 100...... 19169, 21985 51...... 19786 110...... 17090 3028...... 17312 655...... 17343 Proposed Rules: 117 ...... 17096, 18925, 18927, 3030...... 17312 656...... 17343 30...... 19585 18929, 20344 3031...... 17312 3032...... 17312 21 CFR 165 ...... 17565, 17755, 18224, 44 CFR 19171, 19599, 21988 3033...... 17312 1...... 17059 64...... 17078, 19580 3034...... 17312 207...... 17061 34 CFR 3035...... 17312 510...... 17061 46 CFR Ch. II ...... 21195 3036...... 17312 520...... 17061 Ch. III ...... 19135 76...... 21650 3037...... 17312 522...... 17061 677...... 21190 161...... 21650 3042...... 17312 524...... 17061 310...... 21213 Proposed Rules: 3046...... 17312 528...... 17061 Ch. II...... 17757, 20348, 20471 530...... 21651 3047...... 17312 558...... 17061 Proposed Rules: 3052...... 17312 821...... 17065 36 CFR 71...... 17090 3053...... 17312 862...... 20278 230...... 17302 110...... 21440 Proposed Rules: 866...... 20278 242...... 17713 111...... 21440 32...... 20648 880...... 20278 112...... 21440 352...... 20648 884...... 20278 37 CFR 113...... 21440 532...... 20359 892...... 20278 Proposed Rules: 115...... 17090 1532...... 19833 1308...... 20284 201...... 21990 176...... 17090 1552...... 19833 Proposed Rules: 203...... 21990 520...... 18240 172...... 21675 221...... 21990 49 CFR 573...... 21984 47 CFR 1...... 17292 38 CFR Ch. I...... 18459, 18898 5...... 17292 22 CFR Proposed Rules: 0...... 17726 7...... 17292 62...... 20286 3...... 17098 1 ...... 17920, 18124, 20294, 106...... 17292

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389...... 17292 50 CFR 226...... 21082 223...... 19863, 20475 553...... 17292 17 ...... 17956, 18189, 20798, 300...... 20638 224...... 19863 601...... 17292 622 ...... 17080, 17318, 17751 21950 622...... 20649 1201...... 17548 648 ...... 17081, 17551, 21961 635...... 22006 92...... 20311 679 ...... 17320, 17752, 18476, 1333...... 17735 648...... 17764 100...... 17713 20035 Proposed Rules: 679...... 19207 383...... 21259 217...... 17458, 18476 Proposed Rules: 384...... 21259 223...... 21082 17 ...... 18014, 19184, 19186, 391...... 21259 224...... 21082 19838, 21994, 21995

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