FEDERAL REGISTER

Vol. 86 Tuesday No. 113 June 15, 2021

Pages 31585–31902

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 86, No. 113

Tuesday, June 15, 2021

Agency for International Development Education Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31693 Submissions, and Approvals: Expanding Opportunity through Quality Charter Schools Agricultural Marketing Service Program: Technical Assistance to Support Monitoring, Evaluation, Data Collection, and NOTICES Dissemination of Best Practices, 31703 United States Standards: Lentils, 31694–31695 Energy Department Split Peas, 31693–31694 See Federal Energy Regulatory Commission

Agriculture Department Environmental Protection Agency See Agricultural Marketing Service RULES See Rural Business-Cooperative Service Corrosive Waste Rulemaking Petition; Denial, 31622–31637 Final Authorization of State Hazardous Waste Management Program Revisions: Alcohol and Tobacco Tax and Trade Bureau Nevada, 31637–31638 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Air Quality State Implementation Plans; Approvals and Submissions, and Approvals, 31818–31821 Promulgations: Kansas and Nebraska; Interstate Transport Prongs 1 and Centers for Disease Control and Prevention 2 for the 2010 Sulfur Dioxide Standard, 31645–31659 NOTICES NOTICES Meetings: Certain New Chemicals: Advisory Committee on Immunization Practices, 31716– Receipt and Status Information for May 2021, 31710– 31717 31715 Proposed Settlement Agreement: CERCLA; Cost Recovery of Past Response Costs at the Centers for Medicare & Medicaid Services Santa Clara Waste Water Treatment Plant Emergency NOTICES Removal Site, Santa Paula, CA, 31715–31716 Meetings: Medicare Program; New Revisions to the Healthcare Federal Aviation Administration Common Procedure Coding System Code Set, 31717– RULES 31719 Airworthiness Directives: Airbus Helicopters, 31609–31614 Children and Families Administration De Havilland Aircraft of Canada Limited (Type Certificate NOTICES Previously Held by Bombardier, Inc.) Airplanes, Agency Information Collection Activities; Proposals, 31599–31601 Submissions, and Approvals: GE Aviation Czech s.r.o. (Type Certificate previously held Tribal Maternal, Infant, and Early Childhood Home by WALTER Engines a.s., Walter a.s., and Visiting Program; Guidance for Submitting an MOTORLET a.s.) Turboprop Engines, 31601–31604 Annual Report to the Secretary, 31719–31720 The Boeing Company Airplanes, 31604–31609 NOTICES Noise Exposure Map: Civil Rights Commission Sikorsky Memorial Airport Stratford, CT, 31781–31782 NOTICES Meetings: Federal Communications Commission South Dakota Advisory Committee, 31695 PROPOSED RULES Video Relay Service Compensation; Correction, 31668 Coast Guard Federal Deposit Insurance Corporation RULES NOTICES Safety Zone: Meetings; Sunshine Act, 31716 Cocos Lagoon, Merizo, GU, 31620–31622 Federal Energy Regulatory Commission Commerce Department NOTICES See Foreign-Trade Zones Board Combined Filings, 31707–31708, 31710 See International Trade Administration Meetings: See National Oceanic and Atmospheric Administration Resource Adequacy Developments in the Western See National Telecommunications and Information Interconnection; Technical Conference, 31706 Administration Meetings; Sunshine Act, 31708–31710

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Request under Blanket Authorization: Homeland Security Department Equitrans, LP, 31705–31706 See Coast Guard Northern Natural Gas Co., 31703–31705 Housing and Urban Development Department Federal Highway Administration RULES NOTICES Adjustment of Civil Monetary Penalty Amounts for 2020; Environmental Impact Statements; Availability, etc.: Correction, 31619 Milwaukee County, WI, 31782–31783 Indian Affairs Bureau Federal Railroad Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 31783–31784 Data Elements for Student Enrollment in Bureau-funded Schools, 31728 Fish and Wildlife Service Interior Department RULES Endangered and Threatened Species: See Fish and Wildlife Service Endangered Status for the Beardless Chinchweed and See Indian Affairs Bureau Designation of Critical Habitat, 31830–31868 See Land Management Bureau PROPOSED RULES International Trade Administration Endangered and Threatened Species: Threatened Species Status for Mount Rainier White-tailed NOTICES Ptarmigan with a Section 4(d) Rule, 31668–31692 Antidumping or Countervailing Duty Investigations, Orders, NOTICES or Reviews: Endangered and Threatened Species: Carbazole Violet Pigment 23 from India and the People’s Draft Recovery Plan for White Fringeless Orchid, 31726– Republic of China, 31699–31700 31728 Multilayered Wood Flooring from the People’s Republic of China, 31696–31697 Food and Drug Administration Truck and Bus Tires from the People’s Republic of China, NOTICES 31697–31698 Evaluation of Study Data Exchange Standards for Meetings: Submission of Study Data to the Center for Veterinary Solar Photovoltaic Panel Value Chain Industry Medicine, 31720–31722 Roundtable, 31698–31699 Medical Devices: International Trade Commission Exemption from Premarket Notification: Powered Patient Transport, All Other Powered Patient Transport, NOTICES 31722–31724 Antidumping or Countervailing Duty Investigations, Orders, Withdrawal of Approval of New Drug Applications: or Reviews: Lederle Laboratories et al.; Correction, 31722 Utility Scale Wind Towers from India, Malaysia, and Spain, 31730 Investigations; Determinations, Modifications, and Rulings, Foreign Assets Control Office etc.: NOTICES Certain Foodservice Equipment and Components Thereof, Blocking or Unblocking of Persons and Properties, 31821– 31730–31731 31825 Labor Department Foreign-Trade Zones Board See Occupational Safety and Health Administration NOTICES Authorization of Production Activity: Land Management Bureau Enovix Corp., Foreign-Trade Zone 18, San Jose, CA, PROPOSED RULES 31696 Proposed Supplementary Rule: Proposed Production Activity: Public Lands at Virgin River Canyon Recreation Area in Intel Corp., Foreign-Trade Zone 281, Miami-Dade County, Mohave County, AZ, 31665–31668 FL, 31695–31696 NOTICES Agency Information Collection Activities; Proposals, General Services Administration Submissions, and Approvals: PROPOSED RULES Cave Nominations and Requests for Confidential Federal Travel Regulation: Information, 31728–31729 Taxes on Relocation Expenses, Withholding Tax Realty Action: Allowance and Relocation Income Tax Allowance Application by US Magnesium, LLC for Conveyance of Eligibility, 31659–31665 Federally Owned Mineral Interests in Tooele County, UT, 31729–31730 Health and Human Services Department See Centers for Disease Control and Prevention Maritime Administration See Centers for Medicare & Medicaid Services NOTICES See Children and Families Administration Coastwise Endorsement Eligibility Determination for a See Food and Drug Administration Foreign-built Vessel: See National Institutes of Health ADVENT (Sail), 31793–31794

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DAY DREAMER (Motor Yacht), 31797–31798 Nuclear Regulatory Commission GO FISH (Motor), 31792–31793 NOTICES INFUSION (Sportfisher), 31789–31790 Applications and Amendments to Facility Operating MAKANI (Sail Catamaran), 31798–31799 Licenses and Combined Licenses Involving No MIDSUMMER (Pilothouse), 31807–31808 Significant Hazards Considerations, 31738–31747 MY WAY (MonoHull), 31805–31806 Meetings: PIECES OF EIGHT (Motor Vessel), 31811–31812 Advisory Committee on Reactor Safeguards, 31747 PRAIRIE GIRL (Motor Yacht), 31795–31796 REEL THERAPY (Motor), 31796–31797 Occupational Safety and Health Administration SALTWATER EXPRESS II (Motor), 31801 NOTICES SASHA BASH (Catamaran), 31799–31800 Application for Expansion of Recognition: SEADUCTION (Motor Yacht), 31803 SGS North America, Inc., 31733–31734 SHOWBOAT (Power-Express Cruiser), 31787–31788 TUV Rheinland of North America, Inc., 31731–31733 SILVER CRESCENT (Motor), 31794–31795 SILVER LADY (Motor Yacht), 31790–31791 Pension Benefit Guaranty Corporation SIMPATICA (Motor Yacht), 31812–31813 RULES SNOW GOOSE (Motor); Invitation for Public Comments, Allocation of Assets in Single-Employer Plans; Interest 31785–31786 Assumptions for Valuing Benefits, 31619–31620 SOUTHERN CROSS (Sailing Catamaran), 31808–31809 STRIKING LADY (Motor Vessel), 31806–31807 Rural Business-Cooperative Service SUN DOG (Catamaran), 31788–31789 RULES THE SATELLITE OFFICE (Catamaran), 31809–31810 Rural Innovation Stronger Economy Grant Program, 31585– TOMAHAWK (Motor), 31805 31599 VALKYRIE (Sail), 31791–31792 Vessel ARIA’S SONG (Catamaran), 31786–31787 Securities and Exchange Commission Vessel CARINA (Sailing Vessel), 31804 NOTICES Vessel MIGRATOR (Motor Vessel), 31800–31801 Order Granting Exemption Application: WOT’S UP DOCK (Sport Fisher), 31802 Nasdaq GEMX, LLC; Nasdaq MRX, LLC, 31772–31773 YCM 90 (Motor Yacht), 31810–31811 Self-Regulatory Organizations; Proposed Rule Changes: Requests for Administrative Waivers of the Coastwise Trade Cboe BZX Exchange, Inc., 31772 Laws: Financial Industry Regulatory Authority, Inc., 31764– SAILFUTURE (Motor Yacht), 31784–31785 31769, 31774–31777 Miami International Securities Exchange, LLC, 31751– National Aeronautics and Space Administration 31754 NOTICES MIAX Emerald, LLC, 31769–31772 Request for Information: MIAX PEARL, LLC, 31748–31751 Advancing Racial Equity and Support for Underserved NYSE Arca, Inc., 31754–31759 Communities in NASA Programs, Contracts and The Nasdaq Stock Market, LLC, 31759–31764 Grants, 31735–31738 Small Business Administration National Institutes of Health NOTICES NOTICES Major Disaster Declaration: Meetings: Alabama, 31777–31778 Center for Scientific Review, 31724–31726 Kentucky, 31778–31779 National Cancer Institute, 31725 Requests for Nominations: National Eye Institute, 31725 Council on Underserved Communities, 31778 National Institute of Allergy and Infectious Diseases, 31724 State Department RULES National Oceanic and Atmospheric Administration Schedule of Fees for Consular Services: NOTICES Documentary Services Fee, 31617–31618 Meetings: Fee Change for Certain Border Crossing Cards, 31614– Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 31616 Fisheries; Pelagic Longline Fishery Management; NOTICES Rule Reconsideration, 31701–31702 Agency Information Collection Activities; Proposals, Ocean Exploration Advisory Board, 31700 Submissions, and Approvals: Takes of Marine Mammals Incidental to Specified Electronic Choice of Address and Agent, 31779–31780 Activities: Culturally Significant Objects Imported for Exhibition: Navy Construction at Naval Station Norfolk, Norfolk, VA, Magna Carta: Tyranny. Justice. Liberty. Exhibition, 31779 31702 Surrealism Beyond Borders Exhibition, 31779 Relocation of the Port of Alaska’s South Floating Dock, Anchorage, AK, 31870–31901 Tennessee Valley Authority NOTICES National Telecommunications and Information Environmental Assessments; Availability, etc.: Administration Kingston Fossil Plant Retirement, 31780–31781 RULES Connecting Minority Communities Pilot Program, 31638– Transportation Department 31644 See Federal Aviation Administration

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See Federal Highway Administration Veteran Readiness and Employment Questionnaire, 31826 See Federal Railroad Administration See Maritime Administration NOTICES Separate Parts In This Issue Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disadvantaged Business Enterprise Program Part II Requirements, 31813–31818 Interior Department, Fish and Wildlife Service, 31830– 31868 Treasury Department See Alcohol and Tobacco Tax and Trade Bureau Part III See Foreign Assets Control Office Commerce Department, National Oceanic and Atmospheric RULES Administration, 31870–31901 Terrorism Risk Insurance Program: Updated Regulations in Light of the Terrorism Risk Insurance Program Reauthorization Act, and for Other Purposes; Correction, 31620 Reader Aids Consult the Reader Aids section at the end of this issue for Veterans Affairs Department phone numbers, online resources, finding aids, and notice NOTICES of recently enacted public laws. Agency Information Collection Activities; Proposals, To subscribe to the Federal Register Table of Contents Submissions, and Approvals: electronic mailing list, go to https://public.govdelivery.com/ Application for DIC by Parent(s) Including Accrued accounts/USGPOOFR/subscriber/new, enter your e-mail Benefits and Death Compensation, 31826 address, then follow the instructions to join, leave, or Eligibility Verification Reports, 31826–31827 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.

7 CFR 4284, Subpart L...... 31585 14 CFR 39 (5 documents) ...... 31599, 31601, 31604, 31609, 31612 22 CFR 22 (2 documents) ...... 31614, 31617 24 CFR 28...... 31619 29 CFR 4044...... 31619 31 CFR 50...... 31620 33 CFR 165...... 31620 40 CFR 261...... 31622 271...... 31637 Proposed Rules: 52...... 31645 41 CFR Proposed Rules: 300–3...... 31659 302–2...... 31659 302–3...... 31659 302–12...... 31659 302–15...... 31659 302–17...... 31659 43 CFR Proposed Rules: 8365...... 31665 47 CFR 302...... 31638 Proposed Rules: 64...... 31668 50 CFR 17...... 31830 Proposed Rules: 17...... 31668

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Rules and Regulations Federal Register Vol. 86, No. 113

Tuesday, June 15, 2021

This section of the FEDERAL REGISTER ‘‘Search Documents’’ box, enter the 11) must be exhausted before bringing contains regulatory documents having general Docket Number RBS–21–BUSINESS– suit in court that challenges action taken applicability and legal effect, most of which 0007 or the RIN # 0570–AB06, and click under this rule. are keyed to and codified in the Code of the ‘‘Search’’ button. To submit a Executive Order 12372, Federal Regulations, which is published under comment, choose the ‘‘Comment Now!’’ 50 titles pursuant to 44 U.S.C. 1510. Intergovernmental Review button. Information on using The Code of Federal Regulations is sold by Regulations.gov, including instructions This final rule is not subject to the the Superintendent of Documents. for accessing documents, submitting requirements of Executive Order 12372, comments, and viewing the docket after ‘‘Intergovernmental Review of Federal the close of the comment period, is Programs,’’ as implemented under DEPARTMENT OF AGRICULTURE available under the ‘‘Help’’ tab at the USDA’s regulations at 2 CFR part 415, top of the Home page. Other subpart C. Rural Business-Cooperative Service Information: Additional information Executive Order 13132, Federalism about Rural Development and its The policies contained in this rule do 7 CFR Part 4284 programs is available on the internet at not have any substantial direct effect on [Docket No. RBS–21–BUSINESS–0007] http://www.rd.usda.gov. states, on the relationship between the RIN 0570–AB06 FOR FURTHER INFORMATION CONTACT: national government and the states, or Sami Zarour, Director, Program on the distribution of power and Rural Innovation Stronger Economy Management Division, Rural Business- responsibilities among the various (RISE) Grant Program Cooperative Service, U.S. Department of levels of government. Nor does this final Agriculture, STOP 3225, 1400 rule impose substantial direct AGENCY: Rural Business-Cooperative Independence Avenue SW, Washington, Service, USDA. compliance costs on state and local DC 20250–3225; email: sami.zarour@ governments. Therefore, consultation ACTION: Final rule; request for comment. usda.gov; telephone (202) 720–1400. with states is not required. SUPPLEMENTARY INFORMATION: SUMMARY: The Rural Business- Executive Order 13175, Consultation Cooperative Service (RBCS), an agency Executive Order 12866, and 13563 and Coordination With Indian Tribal of the Rural Development mission area Executive Orders 12866 and 13563 Governments within the U.S. Department of direct agencies to assess all costs and This executive order imposes Agriculture (USDA), hereinafter referred benefits of available regulatory requirements on the Agency in the to as the Agency, is issuing a final rule alternatives and, if regulation is development of regulatory policies that to establish the Rural Innovation necessary, to select regulatory have tribal implications or preempt Stronger Economy (RISE) program as approaches to maximize net benefits tribal laws. The Agency has determined authorized by Section 6424 of the (including potential economic, that the rule does not have a substantial Agriculture Improvement Act of 2018 environmental, public health and safety direct effect on one or more Indian (2018 Farm Bill) to improve the ability effects, distributive impacts, and tribe(s) or on either the relationship or of distressed rural communities to equity). Executive Order 13563 the distribution of powers and create high-wage jobs, accelerate the emphasizes the importance of responsibilities between the federal formation of new businesses, and help quantifying both costs and benefits, of government and Indian tribes. Thus, rural communities identify and reducing costs, of harmonizing rules, this final rule is not subject to the maximize local assets. and of promoting flexibility. requirements of Executive Order 13175. DATES: Effective date: This final rule is This final rule has been determined to If tribal leaders are interested in effective June 15, 2021. be not-significant for purposes of consulting with the Agency on this rule, Comment date: This final rule is being Executive Order (E.O.) 12866 and they are encouraged to contact USDA’s issued to allow for immediate therefore has not been reviewed by the Office of Tribal Relations or the implementation of this program. Office of Management and Budget Agency’s Native American Coordinator Although this final rule is effective (OMB). at: [email protected] to request such a immediately, comments are solicited consultation. from interested members of the public Executive Order 12988, Civil Justice on all aspects of the rule. These Reform Regulatory Flexibility Act comments must be submitted This final rule has been reviewed The Regulatory Flexibility Act (5 electronically and received on or before under Executive Order 12988, Civil U.S.C. 601 et seq.) (RFA) generally August 16, 2021. The Agency will Justice Reform. In accordance with this requires an agency to prepare a consider these comments and the need rule: (1) Unless otherwise specifically regulatory flexibility analysis of any rule for making any revisions as a result of provided, all State and local laws and subject to notice and comment these comments. regulations that conflict with this rule rulemaking requirements under the ADDRESSES: Comments may be will be preempted; (2) no retroactive Administrative Procedure Act (‘‘APA’’) submitted on this rule using the effect will be given to this rule unless or any other statute. The Administrative following method: Comments may be specifically prescribed in the rule; and Procedures Act exempts from notice and submitted by going to the Federal (3) administrative proceeding of the comment requirements rules ‘‘relating to eRulemaking Portal: Go to https:/ National Appeals Division of the agency management or personnel or to www.regulations.gov and, in the Department of Agriculture (7 CFR part public property, loans, grants, benefits,

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or contracts’’ (5 U.S.C. 553(a)(2)), so populations, minority populations, Respondents: Institutions of higher therefore an analysis has not been women, Indian tribes or persons with education, private entities, prepared for this rule. disability, by virtue of their race, color, governmental entities, nonprofits, national origin, sex, age, disability, or Indian Tribes, district organizations. National Environmental Policy Act marital or familial status. Estimated Number of Respondents: In accordance with the National 10. Environmental Policy Act of 1969, Paperwork Reduction Act Estimated Number of Responses per Public Law 91–190, this final rule has In accordance with the Paperwork Respondent: 32.1. been reviewed in accordance with 7 Reduction Act of 1995 (44 U.S.C. Estimated Number of Responses: 321. CFR part 1970 (‘‘Environmental Policies chapter 35), USDA requested that the Estimated Total Annual Burden and Procedures’’). The Agency has Office of Management and Budget (hours) on Respondents: 486.5. determined that (i) this action meets the (OMB) conduct an emergency review of Copies of this information collection criteria established in 7 CFR 1970.53(f); a new information collection that may be obtained from Susan Woolard, (ii) no extraordinary circumstances contains the Information Collection and Regulatory Division, Rural Development exist; and (iii) the action is not Recordkeeping requirements contained Innovation Center, U.S. Department of ‘‘connected’’ to other actions with in this notice by May 28, 2021. An Agriculture, 1400 Independence Ave. potentially significant impacts, is not emergency clearance approval for this SW, Stop 1522, Washington, DC 20250; considered a ‘‘cumulative action’’ and is information collection is due to the telephone: 202–720–9631; email: not precluded by 40 CFR 1506.1. following conditions: (1) The time [email protected]. All responses Therefore, the Agency has determined sensitive competitive solicitation to this information collection and that the action does not have a application window; (2) the urgency to recordkeeping notice will be significant effect on the human obligate funds prior to September 30, summarized and included in the request environment, and therefore neither an 2021; and (3) being able to effectively for OMB approval. All comments will Environmental Assessment nor an implement the program as quickly as also become a matter of public record. Environmental Impact Statement is possible to benefit rural communities. USDA Non-Discrimination Policy required. In addition to the emergency clearance, the regular clearance process In accordance with federal civil rights Catalog of Federal Domestic Assistance is hereby being initiated to provide the law and USDA civil rights regulations The Catalog of Federal Domestic public with the opportunity to comment and policies, the USDA, its agencies, Assistance (CFDA) number assigned to under a full comment period, as the offices, and employees, and institutions this program is 10.755, Rural Innovation Agency intends to request regular participating in or administering USDA Stronger Economy (RISE) Grant approval from OMB for this information programs are prohibited from Program. The Catalog is available on the collection. Comments from the public discriminating based on race, color, internet at https://sam.gov/content/ on new, proposed, revised, and national origin, religion, sex, gender assistance-listings. The Government continuing collections of information identity (including gender expression), Publishing Office (GPO) prints and sells help us assess the impact of our sexual orientation, disability, age, the CFDA to interested buyers. For information collection requirements and marital status, family/parental status, information about purchasing the minimize the public’s reporting burden. income derived from a public assistance Catalog of Federal Domestic Assistance Comments may be submitted regarding program, political beliefs, or reprisal or from GPO, call the Superintendent of this information collection through the retaliation for prior civil rights activity, Documents at 202–512–1800 or toll free Federal eRulemaking Portal. Go to in any program or activity conducted or at 866–512–1800, or access GPO’s https://www.regulations.gov and, in the funded by USDA (not all bases apply to online bookstore at http:// lower ‘‘Search Regulations and Federal all programs). Remedies and complaint bookstore.gpo.gov. Actions’’ box, select ‘‘RBS’’ from the filing deadlines vary by program or agency drop-down menu, then click on incident. E-Government Act Compliance ‘‘Submit.’’ In the Docket ID column, Persons with disabilities who require Rural Development is committed to select Docket No. RBS–21–CO–OP–0011 alternative means of communication for the E-Government Act, which requires to submit or view public comments and program information (e.g., Braille, large government agencies in general to to view supporting and related materials print, audiotape, American Sign provide the public the option of available electronically. Information on Language, etc.) should contact the submitting information or transacting using Regulations.gov, including responsible Agency or USDA’s TARGET business electronically to the maximum instructions for accessing documents, Center at (202) 720–2600 (voice and extent possible. submitting comments, and viewing the TTY) or contact USDA through the Federal Relay Service at (800) 877–8339. Civil Rights Impact Analysis docket after the close of the comment period, is available through the site’s Additionally, program information may Rural Development has reviewed this ‘‘User Tips’’ link. Comments on this be made available in languages other rule in accordance with USDA information collection must be received than English. Regulation 4300–4, ‘‘Civil Rights Impact by August 16, 2021. To file a program discrimination Analysis,’’ to identify any major civil Title: 7 CFR part 4284, subpart L, complaint, complete the USDA Program rights impacts the rule might have on Rural Innovation Stronger Economy Discrimination Complaint Form, AD– program participants on the basis of age, (RISE) Grant Program. 3027, found online at http:// race, color, national origin, sex or OMB Control Number: 0570–0075. www.usda.gov/oascr/how-to-file-a- disability. Based on the review and The following estimates are based on program-discrimination-complaint and analysis of the rule and available data, the average over the first 3 years the at any USDA office or write a letter it has been determined that the program program is in place. addressed to USDA and provide in the purpose, application submission and Estimate of Burden: Public reporting letter all of the information requested in eligibility criteria, or issuance of this burden for this collection of information the form. To request a copy of the Final Rule is not likely to negatively is estimated to average 1.52 hours per complaint form, call (866) 632–9992. impact low and moderate-income response. Submit your completed form or letter to

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USDA by: (1) Mail: U.S. Department of Purpose of the Regulatory Action until the disqualifying condition has Agriculture, Office of the Assistant The purpose of this regulation is to been remedied. To ensure that all RISE funds are Secretary for Civil Rights, 1400 implement Section 6424 of the 2018 being used, in a timely manner, to Independence Avenue SW, Washington, Farm Bill designed to meet a recognized provide the services for which they DC 20250–9410; or (2) email: OAC@ need for federal interagency support of were awarded, the Agency implements, usda.gov. jobs accelerator partnerships for the at § 4284.1110(a), a satisfactory progress USDA is an equal opportunity fostering and promotion of private requirement. Lead applicants that have provider, employer, and lender. investment in an identified regional unexpended funding from previous economy. The flexible use of funds by Background RISE grant(s) must expend 50 percent or RISE grant recipients allows a region to more of the previous RISE grant funds Rural Development (RD) is a mission identify and leverage its community area within the United States by the time the Agency makes an assets to better assist new and existing eligibility determination or the Department of Agriculture (USDA) industry clusters, including the use of comprised of the Rural Utilities Service application will be deemed ineligible broadband service for programs of the for that funding cycle. (RUS), Rural Housing Service (RHS) and jobs accelerator. Rural Business-Cooperative Service Eligible projects for the RISE grant (RBCS). RD’s mission is to increase Discussion of the Rule program are those that accelerate the economic opportunity and improve the formation of new businesses with high- Many of the definitions used in this growth potential, improve the ability of quality of life for all rural Americans. regulation are used in or are consistent RD meets its mission by providing distressed, rural communities to create with other Agency programs; however, high-wage jobs, accelerate the formation loans, loan guarantees, grants, and the Agency calls attention to the of new businesses and strengthen technical assistance through more than following new definitions at regional economies. Projects must be 40 programs aimed at creating and § 4284.1103: High-wage job, industry identified at the time of application and improving housing, businesses, and cluster, jobs accelerator, lead applicant, fall into one of two categories: infrastructure throughout rural America. region, rural and rural area, and rural Construction or purchase of buildings or Consistent with the above mission, jobs accelerator partnership. These equipment; or project support. the Rural Innovation Stronger Economy definitions provide important Construction or purchase is limited to (RISE) Grant Program is a newly information regarding project eligibility buildings that will serve as innovation authorized program enacted under the as well as requirements for the centers for jobs accelerator. Equipment authority of Section 6424 of the applicant’s organizational structure. purchases must be necessary to support Agriculture Improvement Act of 2018 RISE grants are made for the benefit the functions of the jobs accelerator. (Pub. L. 115–34) (2018 Farm Bill) to of rural jobs accelerator partnerships Specific information on construction help struggling communities by funding (partnership). These partnerships are and purchase is found at § 4284.1113(a). job accelerators in low-income rural working groups that consist of It is noted again that any buildings or communities. This action is intended to community and regional stakeholders equipment purchased with RISE grant implement the provisions provided in whose focus is the needs of an proceeds must be owned and controlled Section 6424 of the 2018 Farm Bill by identified industry cluster. by the lead applicant. Support covers a issuing a final rule. This final rule will Implementation and sustainability of broad range of activities but includes describe the program purpose, the the partnership is more likely with a functions for the support of programs eligible uses of program funds, and broad coalition of stakeholders; to that carried out at or in direct partnership entities eligible for assistance under the end, the partnership must be made up with a jobs accelerator or in support of RISE Grant Program in alignment with of one or more representatives of the jobs accelerator initiatives. The Agency the Farm Bill requirements. The new groups listed in § 4284.1112(a). provides guidance on acceptable regulation will also include competitive Additionally, all partnerships must have activities at § 4284.1113(b). The Agency grant scoring criteria and cost sharing a lead applicant as described in may, from time to time, revise the list requirements of the program, as well as § 4284.1112(b). The lead applicant is of acceptable activities through a administration and servicing of responsible for the partnership, enters Federal Register notice. outstanding grants. The RISE Grant into the financial assistance agreement As detailed at § 4284.1114, the Program will meet a recognized need for with the Agency, administers the grant Federal share of any activity under the federal interagency support of jobs proceeds and activities, and takes RISE grant will be no more than 80 accelerator partnerships for the fostering ownership of any assets purchased with percent of eligible project costs. The and promotion of private investment in grant funds. Only partnerships formed non-Federal share is the responsibility an identified regional economy. The on or after December 20, 2018, are of the applicant and may be in the form flexible use of funds by RISE grant eligible for awards. of third-party equity contributions, recipients allows a region to identify The partnership and proposed project including donations and in-kind and leverage its community assets to must serve a region as defined in contributions of fairly valued goods or better assist new and existing industry § 4284.1103 and discussed at services. Evidence of the amount and clusters, including the use of broadband § 4284.1112(d). The partnership must source of the non-Federal funds must be service for programs of the jobs ensure that the region is clearly defined provided at the time of application accelerator. RISE will allow eligible and is of a size that enables submittal with documentation that the entities to establish and operate collaboration among members while required non-Federal funds have been innovation centers for job development also containing critical elements of the received or remain committed prior to through training and programming industry cluster prioritized by the execution of the financial assistance efforts that will improve the ability of partnership. Eligibility under all other agreement by the lead applicant. The rural communities to create high-wage provisions of this part is negated if the match is based on eligible project costs jobs, accelerate the formation of rural lead applicant meets either provision in as outlined at § 4284.1114(c). Grants are businesses and strengthen regional § 4284.1109(a) or (b). The lead applicant further restricted at § 4284.1114(a)(1) economies. will remain ineligible to receive funds and (2) to a minimum request of not less

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than $500,000 and a maximum request sustainable projects that best meet the interested stakeholders on July 28, and of not more than $2,000,000. program criteria set forth in the 2018 July 30, 2020, regarding implementation Restrictions are also placed on indirect Farm Bill and this regulation. Scored of the Final Rule for the RISE program. costs. Costs incurred by the applicant applications will be ranked from highest A listening session was also held on associated with administering the RISE to lowest score for funding July 21, 2020, to receive comments from grant are statutorily restricted to ten consideration. Due to the variability of Agency staff. The Agency reviewed and percent of the RISE grant amount. proposals from year to year, no considered all comments that were As the Agency wishes to encourage minimum score for funding is provided. received. The following discusses projects across a broad geographic area, Regardless of a proposal’s priority score substantive comments and the Agency’s applicants are limited to one application or relative ranking, all funding decisions response: per funding cycle, unless otherwise are subject to the availability of funds. Comment: Two commenters indicated notified in a Federal Register notice. Receipt of funds in one funding cycle that RISE should have a framework for The contents of a complete application does not guarantee priority or funding an applicant providing components of may be found at § 4284.1115(b). All in future funding cycles. the application, similar to the items must be included or addressed for Information specific to the awarding Department of Commerce’s Economic an application to be considered of a grant is provided at § 4284.1119. As Development Administration’s (EDA) complete and to compete for funding. noted previously, the lead applicant is process for their programs, including a The items requested allow the Agency responsible for the administration of the concept proposal to highlight their to complete an applicant and project grant and will, if the application is eligibility and scope of work. eligibility determination, as well as selected for funding, be issued a letter Response: The Agency considered determine project alignment with of conditions by the Agency. The letter this application framework and Agency priorities. establishes conditions that the applicant included the concept paper proposal Based upon comments received must agree to prior to the obligation of suggestion in the application process. during the request for public comments funds. Acceptance of the conditions by Comment: Two commenters provided period, the Agency added a review of the applicant does not constitute suggestions for quantitative scoring concept proposal at § 4284.1115(a). commitment or obligation of funds by including evaluation of market Applicants may submit, not less than 60 the Agency. The applicant must not connections made, new regional days prior to the application submittal make any binding commitments until a programs and networks established. deadline, the items in § 4284.1115(a)(1) financial assistance agreement has been These scoring criteria indicate that there through (4) for Agency review. The fully executed and the applicant has should be not only qualitative but Agency will review the submitted items been notified by the Agency of grant quantitative factors when evaluating and provide feedback regarding any approval. The grant performance period RISE applications. weaknesses and a letter of for all grants award under this part is Response: The Agency used the encouragement or discouragement. A four years beginning on the date the comments to develop benchmarks of letter of encouragement does not financial assistance agreement was success in scoring criteria to make guarantee eligibility or funding. signed by the Agency. At the end of the awards that will generate the intended Similarly, a letter of discouragement four-year period any unspent grant program outcomes. The Agency does not preclude the applicant from funds are required to be returned to the considered this information and submitting a complete application. If an Agency. If circumstances beyond the therefore included a requirement that applicant submits a review request and grantee’s control occur, the Agency may, project performance reports be provided later submits a complete application, at its sole discretion, approve a one-time twice a year, from the grantee, in order duplicative items do not have to be grant performance period extension. to monitor progress on the key metrics resubmitted; however, all information Any extension will be for a period not found in the scope of work. must be up-to-date and current. to exceed two years and must be Comment: A commenter suggested To ensure that projects begin requested by the grantee prior to the scoring metrics ranging from providing the proposed services as expiration of the grant performance innovation, scope and monetary impact quickly as possible and that all members period, as specified in the financial of the project to private/public of the partnership are ready to assistance agreement. Requests must partnerships involved in the project was contribute to the success of the describe the circumstances that provided. The commenter discussed proposed project, the Agency at prohibited the grantee from completing including scoring consideration for § 4284.1115(b)(2)(x) requires that all the project and show that an active jobs projects in federal Opportunity Zones. applications include a readiness accelerator and related programming is Response: The Agency considered demonstration. The items identified in established. Further discussion of times various metrics from innovation to § 4284.1115(b)(2)(x)(A) through (E) not extensions can be found at scope and monetary impact of the only provide the Agency evidence that § 4284.1110(g)(1). project as well as partnership analysis the partnership is ready and able to and included this in the scoring criteria. begin the project but also allows the Discussion of Public Comments for The Agency may include federal partnership to evaluate the ability of Final Rule initiatives as a criterion under the their members to provide the services On July 22, 2020, the Agency Administrator section of scoring, which necessary, create a marketing and published a request for comments in the may be announced in the Federal reporting plan and finalize a timeline. Federal Register (85 FR 44273) to allow Register in the Notice of Solicitation of Each complete and eligible stakeholders a platform and sufficient Applications on an annual basis. application for the RISE program will be time to provide formal comments on Comment: A commenter suggested scored based on the priority scoring provisions of the Rural Innovation that the program provide more criteria found at § 4284.1117(a) through Stronger Economy (RISE) Grant significant scoring and weighting for (g). Applications will, unless otherwise Program. Eleven entities provided partnerships that evidence publicly announced, be reviewed, and written comments during the formal commitments to target low-income scored by Agency personnel. The comment period. The Agency also workers for workforce development scoring criteria are designed to prioritize conducted listening sessions for activity. The commenter further

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recommended that the Agency assets plus the characteristics for that the construction of an innovation emphasize high impact metrics regional readiness and success. center must be in a rural area only. including creation and retention of Response: The Agency considered Comment: One commenter suggested high-wage jobs, private investment these comments to develop benchmarks allowing grant funding to be spent on leveraging, businesses established or of readiness and commitment to the multiple activities including training improved, new products or services identified region in scoring criteria to and support of businesses, support commercialized, increased regional make awards that will generate the research and development activities to collaboration, the number and dollar intended program outcomes. develop markets, development of amount of new loans, improvement of Comment: Several commenters partnerships to deal with supply issues income of participating workers, sales of suggested including a rating factor of the and obtaining resources for workforce participating businesses, and the amount of previous partnership development programs. amount of training and education activities and resources that will be Response: The Agency developed activities related to the innovation. leveraged by the RISE grant activities eligible project costs to cover multiple Response: The Agency considered and developing successful benchmarks activities including the purchase and these items and many of these items ranging from quantifying prototypes, construction of an innovation center, were included in the application technology and jobs to markets criteria. costs directly related to the operations content and scoring. The Agency Response: The Agency appreciates the of an innovation center, costs directly addressed grant monitoring metrics in suggested metrics and included many of associated with support programs to be the servicing section of the regulation. these in the regulation and scoring carried out at or in direct partnership The Agency provided an analysis of the criteria. with job accelerators as well as other partnership’s abilities in the application Comment: Two commenters administrative costs providing the and scoring content of the regulation. discussed measurement of outcome- ability to cover training and Comment: Three commenters based metrics including business, development. indicated that applicants should fully employment and wage growth and job Comment: One commenter suggested demonstrate commitment and training as well as patent applications in that the jobs accelerator be able to serve sustainability of the project in their its grant monitoring. Several multiple communities with populations applications. commenters indicated that grant of 50,000 or less. Response: The Agency agrees with servicing reports should be no more Response: The Agency concurs with this comment and includes input on frequent than semi-annual due to the the comment regarding ability to serve technology, scope, commitment, and length of the grant period. multiple communities and has a sustainability of the project and Response: The Agency addressed statutory responsibility to ensure this. incorporated these items not only in the Comment: One commenter indicated grant monitoring metrics in the application but also in the scoring the Agency should ensure a region is servicing section of the regulation. The criteria for the RISE program. not too small. Comment: One commenter discussed Agency agrees and will monitor Response: The Agency addressed the the applicant providing details of performance metrics and outcomes of definition of a region in the RISE organization, governance, operations, grant funds on a semi-annual basis. regulation in compliance with the and roles of partners in the partnership. Comment: Commenter discussed the statutory requirements. One commenter discussed what the statutory requirement of a 20 percent List of Subjects for 7 CFR Part 4284 application should consist of including cost match of the RISE Program and a definition of the consortium of requested the Agency not to require the Community development, entities, roles of each partner, business entire portion of the match to be Cooperative development, Grant plan, description of the region in demonstrated at the application stage, programs, Reporting and recordkeeping economic terms, activities to be but instead to allow applicants to requirements. performed by the partnership, how the produce the remainder of any cost-share Accordingly, for reasons set forth in partnership will collect metrics of commitment up to a year after award. the preamble, Chapter XLII of Title 7 of performance on itself and a Response: The Agency is unable to the Code of Federal Regulations is communication plan outlining how consider an option to delay grant amended as follows: success stories and impacts will be matching requirements due to statutory outlined. requirements of the RISE Program. The PART 4284—GRANTS Response: The Agency considered input of matching funds at grant ■ 1. The authority citation for part 4284 details of the partnership from origination demonstrates the applicant’s continues to read as follows: organization to governance and commitment to the project. included these components in the Comment: One commenter discussed Authority: 5 U.S.C. 301 and 7 U.S.C. 1989. the Agency extending past the ten application requirements and scoring ■ 2. Add subpart L, consisting of percent restriction on indirect costs for criteria. §§ 4284.1101 through 4264.1131, to read awarded entities. Comment: One commenter suggested as follows: the Agency evaluate proposals by Response: The ten percent limitation different standards. on indirect costs and administrative Subpart L—Rural Innovation Stronger Response: The Agency does not agree expenses is a statutory requirement and Economy (RISE) Grant Program with using different standards for the cannot be modified as suggested. evaluation of applications and will Comment: One commenter discussed Sec. evaluate all proposals by the same the ability of innovation centers to be 4284.1101 Purpose. scoring criteria. virtual in lieu of having a physical 4284.1102 Organization of subpart. 4284.1103 Definitions. Comment: Two commenters building centered in one community. 4284.1104 Exception authority. discussed an assessment of the Response: A virtual option is 4284.1105 Review or appeal rights. applicant’s link with rural communities allowable under RISE if a rural region is 4284.1106 Conflict of interest. to markets, networks, industry clusters being served and all other eligible 4284.1107 Statute and regulation and other regional opportunities and criteria are met. The Agency did clarify references.

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4284.1108 U.S. Department of Agriculture Agency means RBCS or its successor High-wage job means a job that departmental regulations and laws that agency assigned by the Secretary of provides a wage that is greater than the contain other compliance requirements Agriculture to administer the RISE grant median wage for the applicable region, 4284.1109 Ineligible applicants as determined by the Department of 4284.1110 General applicant, application, program. References to the National and funding provisions. Office, Finance Office, State Office, or Labor. 4284.1111 Notifications. other Agency offices or officials should Indian tribe means the term as 4284.1112 Rural jobs accelerator be read as prefaced by ‘‘Agency’’ or defined in 25 U.S.C. 5304(e). partnership eligibility. ‘‘Rural Development’’ as applicable. Industry cluster means a broadly 4284.1113 Project eligibility. Applicant means the lead applicant defined network of interconnected firms 4284.1114 RISE grant funding. acting on behalf of a rural jobs and supporting institutions in related 4284.1115 RISE grant applications— accelerator partnership as stated in industries that accelerate innovation, content. 4284.1116 [Reserved] 4282.1112, that is seeking a RISE grant. business formation, and job creation by 4284.1117 Scoring RISE grant applications. The lead applicant will enter into a taking advantage of assets and strengths 4284.1118 Selecting RISE grant applications financial assistance agreement with the of a region in the business environment. for award. Agency, receive the RISE grant funding Innovation center means a cross- 4284.1119 Awarding and administering and take ownership of any assets functional place for the planning and RISE grants. purchased with grant funds. creation of new ideas and opportunities 4284.1120 Servicing RISE grants. Broadband service. Defined within for individual and group collaboration 4284.1121–4284.1130 [Reserved] 4284.1131 OMB control number. the meaning of Title VI of the Rural that leads to supporting deployment of Electrification Act of 1936 (7 U.S.C. 901 innovative processes, technologies, § 4284.1101 Purpose. et seq.), broadband service means any services and products for economic This subpart contains the procedures technology identified by the development. Innovation centers may be and requirements for providing the Administrator as having the capacity to utilized for a wide array of purposes following financial assistance under the provide transmission facilities and including short-term housing for Rural Innovation Stronger Economy capacity that enable the subscriber to business owners or workers; co-working (RISE) program: receive a minimum level of broadband space, which may include space for (a) Grants for the purpose of service. The minimum level of remote work; space for business constructing, purchasing, or equipping a broadband service for the purpose of utilization with a focus on building to serve as an innovation reviewing the application will be entrepreneurs and small and center in order to establish job defined by the minimum transmission disadvantaged businesses but may accelerators. capacity that was required by Title VI of include collaboration with companies of (b) Grants for the purpose of the Rural Electrification Act of 1936 (7 all sizes; job training programs; and establishing and supporting job U.S.C. 901 et seq.) at the time the efforts to utilize the innovation center as accelerators and related programs. application was received by the Agency. part of the development of a Complete application means an community, among other uses deemed § 4284.1102 Organization of subpart. application that contains all parts appropriate by the Agency. This subpart is organized into distinct necessary for the Agency to determine Institution of higher education means sections as described in paragraphs (a) applicant and project eligibility, the the term as defined in 20 U.S.C. 1002(a). and (b) of this section. financial feasibility and technical merit Instrumentality means an (a) Sections 4284.1103 through of the project, and contains sufficient organization recognized, established, 4284.1111 discuss definitions; information to determine a priority and controlled by a State, Tribal, or exception authority; review or appeal score for the application. local government for a public purpose rights; conflict of interest; USDA Departmental regulations mean the or to carry out special purposes. departmental regulations; other regulations of the Agency’s Office of Jobs accelerator means a center or applicable laws; ineligible applicants; Chief Financial Officer (or successor program located in or serving a rural general applicant, application, and office) as codified in 2 CFR chapter IV. low-income community that may funding provisions; and notifications, District organization means an provide co-working space, in-demand which are applicable to funding the organization as defined in Section 300.3 skills training, entrepreneurship and program under this subpart. business support, and other initiatives (b) Sections 4284.1112 and 4284.1113 of Title 13, Code of Federal Regulations as described in Part 4284.1113(b). discuss, respectively, applicant and (or a successor regulation). project eligibility. Section 4284.1114 Eligible project costs means the Lead applicant means an entity as addresses funding provisions for these portion of total project costs approved defined in Part 4284.1112(b) and is grants. Sections 4284.1115 through by the Agency for projects that are responsible for the rural jobs accelerator 4284.1120 address grant application eligible to be paid with RISE funds. partnership plus administration of the content and required documentation, Federal fiscal year (FY) means the 12- grant proceeds and activities. scoring, selection, awarding and month period beginning October 1 of Letter of conditions means a administering grant applications, and any given year and ending on document prepared by the Agency servicing of grant awards. September 30 of the following year; it is establishing conditions that must be designated by the calendar year in agreed to by the applicant before any § 4284.1103 Definitions. which it ends. obligation of grant funds can occur. The following definitions are Financial assistance agreement means Low income community means a applicable to the terms used in this Form RD 4280–2, ‘‘Rural Business- community as defined in section 45D(e) subpart. Cooperative Service Financial of the Internal Revenue Code of 1986, Administrator means the Assistance Agreement, or successor and any amendments thereto. Administrator of Rural Business- form and is an agreement between the Matching funds means non-federal Cooperative Service (RBCS) within the Agency and the grantee setting forth the funds provided to meet the total eligible Rural Development mission area of the provisions under which the grant will project costs that are not covered by the U.S. Department of Agriculture (USDA). be administered. RISE grant proceeds.

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Person means an individual or an Secretary, and the petitioner will have whichever is higher, is primarily entity organized under the laws of a 10 business days to appeal the engaged. state or a Tribe. determination and provide further (2) To be considered a small business, Region means an area identified by information for consideration. The either of the following conditions must the applicant that meets the criteria of Under Secretary will make a be met: § 4284.1112(d) with a population of determination of the appeal in not less (i) The concern’s tangible net worth is 50,000 or fewer inhabitants, or for a than 15 days, but no more than 30 days. not in excess of $15 million and average region with a population of more than (2) Rural Development State Directors net income (excluding carry-over losses) 50,000 inhabitants, is comprised of rural may also initiate a request to the Under for the preceding two completed fiscal areas and urbanized areas, if any, are the Secretary to determine if an area is years is not in excess of $5.0 million; or subject of a positive determination by ‘‘rural in character.’’ A written (ii) The size of the concern does not the Under Secretary for Rural recommendation should be sent to the exceed the SBA size standard thresholds Development with respect to a rural-in- Administrator, on behalf of the Under designated for the industry in which it character petition, including such a Secretary, that documents how the area is primarily engaged, as measured by petition submitted concurrently with meets the statutory requirements and number of employees or annual the application of the partnership for a discusses why the State Director receipts. Industry size standard grant under this section. believes the area is ‘‘rural in character’’ designations to be utilized are listed in Rural and rural area means any area including, but not limited to, the area’s the SBA’s table of size standards found of a state not in a city or town that has population density, demographics, in 13 CFR 121.201. Number of a population of more than 50,000 topography, and how the local economy employees and annuals receipts are inhabitants according to the latest is tied to a rural economic base. Upon calculated as follows: decennial census of the United States receipt of such a request, the (A) Number of employees is and not in the urbanized area Administrator will review the request calculated as the average number of all contiguous and adjacent to a city or for compliance with the ‘‘rural in individuals employed by a concern on town that has a population of more than character’’ provisions and make a a full-time, part-time, or other basis, 50,000 inhabitants. A rural and rural recommendation to the Under Secretary. based upon numbers of employees for area shall be determined as defined in Provided a favorable determination is each of the pay periods for the 7 U.S.C. 1991(a)(13). made, the Under Secretary will consult preceding completed 12 calendar Rural in character means: with the applicable governor or leader months. If a concern has not been in (1) A determination that an area is in a similar position and request business for 12 months, the average ‘‘rural in character’’ will be made by the comments within 10 business days, number of employees is used for each of Under Secretary of Rural Development unless gubernatorial comments were the pay periods during which it has in compliance with 7 U.S.C. submitted with the request. A public been in business. 1991(a)(13)(D). The process to request a notice will be published by the State (B) Annual receipts are calculated as determination under this provision is Office in a local newspaper and the average total income plus cost of goods outlined in this definition. Units of local request will be posted on the Agency’s sold for the five most recent years. If a government may petition the Under website. There is no appeal process for concern has been in operation for less Secretary of Rural Development for a requests made on the initiative of the than 60 months, average annual receipts ‘‘rural in character’’ designation by State Director. for as long as the concern has been in submitting a petition to the Rural jobs accelerator partnership operation are used. Administrator on behalf of the Under means a partnership formed on or after State means any of the 50 States of the Secretary. The petition shall document December 20, 2018, which meets United States, the Commonwealth of why the petitioner believes the area is eligibility criteria found in § 4284.1112. Puerto Rico, the U.S. Virgin Islands, ‘‘rural in character’’ including, but not Secretary means the Secretary of Guam, American Samoa, the limited to, the area’s population density, Agriculture and, to the extent of Commonwealth of the Northern Mariana demographics, and topography and how delegated authorities, the Under Islands, the Republic of Palau, the the local economy is tied to a rural Secretary for Rural Development. Federated States of Micronesia, and the economic base. Upon receiving a Small and disadvantaged business Republic of the Marshall Islands. petition, the Administrator will review means a small business concern owned Total project costs mean the sum of its merits and consult with the and controlled by socially and all costs associated with a completed applicable governor or leader in a economically disadvantaged individuals project. similar position and request comments as defined in Section 8(d)(3)(C) of the to be submitted within 5 business days, Small Business Act (15 U.S.C. § 4284.1104 Exception authority. unless such comments were submitted 637(d)(3)(C)). The Administrator may, on a case-by- with the petition. The petition will be Small business means: case basis, grant an exception to any forwarded to the Under Secretary who (1) An entity that meets Small requirement or provision of this subpart will release to the public a notice of a Business Administration (SBA) size provided that such an exception is in petition filed by a unit of local standards in accordance with 13 CFR the best financial interests of the Federal government not later than 30 days after part 121 and criteria of 13 CFR 121.301 government. Exercise of this authority receipt of the petition by way of as applicable to financial assistance cannot conflict with applicable law. publication in a local newspaper and programs, including paragraph (i) or (ii) posting on the Agency’s website. The of this definition. The size of the § 4284.1105 Review or appeal rights. Under Secretary will make a concern alone and the size of the Agency decisions that are adverse to determination not less than 15 days, but concern combined with other entity(ies) the individual participant are no more than 60 days, after the release it controls or entity(ies) it is controlled appealable, while matters of general of the notice. Upon a negative by, must not exceed the size standard applicability are not subject to appeal; determination, the Under Secretary will thresholds designated for the industry however, such decisions are reviewable provide to the petitioner an opportunity in which the concern alone or the for appealability by the National to appeal a determination to the Under concern and its controlling entity(ies), Appeals Division (NAD). All appeals

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will be conducted by NAD and will be maintenance of data on the race, sex, Submit your completed form or letter to handled in accordance with 7 CFR part and national origin of the recipient’s USDA by: 11. membership/ownership and employees. (i) Mail: U.S. Department of These data must be available to conduct Agriculture, Office of Adjudication, § 4284.1106 Conflict of interest. compliance reviews in accordance with 1400 Independence Avenue SW, (a) General. A situation in which a 7 CFR 1901.204. Washington, DC 20250–9410; person has competing personal, (1) Initial compliance reviews will be (ii) Fax: (202) 690–7442; or professional, or financial interests that conducted by the Agency prior to funds (iii) Email: [email protected]. prevents the person from acting being obligated. § 4284.1109 Ineligible applicants. impartially. (2) Grants will require one subsequent (b) Assistance to employees, relatives, compliance review following project Applicants will be ineligible to and associates. The Agency will process completion. This will occur after the receive funds under this subpart as any requests for assistance under this last disbursement of grant funds has discussed in paragraphs (a) and (b) of subpart in accordance with 7 CFR part been made. this section. 1900, subpart D. (a) If the applicant has an outstanding (c) Member/Delegate clause. No (d) Environmental analysis. 7 CFR part 1970 outlines environmental judgment obtained by the U.S. in a member of or delegate to Congress shall Federal Court (other than in the United receive any share or part of this grant or procedures and requirements for this subpart. Prospective applicants are States Tax Court), is delinquent in the any benefit that may arise therefrom; but payment of Federal income taxes, or is this provision shall not be construed to advised to contact the Agency to determine environmental requirements delinquent on a Federal debt, the bar, as a contractor under the grant, a applicant is not eligible to receive a publicly held corporation whose as soon as practicable after they decide to pursue any form of financial grant until the judgment is paid in full ownership might include a member of or otherwise satisfied or the Congress. assistance directly or indirectly available through the Agency. The delinquency is resolved. The Agency § 4284.1107 Statute and regulation applicant will be notified of all specific will check the Do Not Pay System to references. compliance requirements, including: verify this information. (b) If the applicant is debarred or All references to statutes and (1) Any required environmental suspended from receiving Federal regulations are to include any and all review must be completed by the assistance, the applicant is not eligible successor statutes and regulations. Agency prior to the Agency obligating to receive a grant under this subpart. any funds or the applicant taking any § 4284.1108 U.S. Department of The Agency will check the System for action; Agriculture departmental regulations and Award Management (SAM) to determine (2) A site visit by the Agency may be laws that contain other compliance if the applicant has been debarred or scheduled, if necessary, to determine requirements. suspended. (a) Departmental regulations. All the scope of the review. An projects funded under this subpart are environmental review may include the § 4284.1110 General applicant, application, subject to the provisions of the publication of public notices, and and funding provisions. departmental regulations, as applicable, consultation with State and Tribal (a) Satisfactory progress. A lead which are incorporated by reference Historic Preservation Offices and the applicant that has received one or more herein. U.S. Fish and Wildlife Service. grants under this program must make (b) Equal opportunity and (e) Discrimination complaints—(1) satisfactory progress toward completion nondiscrimination. The Agency will Who may file. Persons or a specific class of any previously funded projects before ensure that equal opportunity and of persons believing they have been the lead applicant will be considered for nondiscrimination requirements are met subjected to discrimination prohibited subsequent funding. Satisfactory in accordance with the Equal Credit by this section may file a complaint progress is defined as 50% or greater of Opportunity Act, 15 U.S.C. 1691 et seq. personally, or by an authorized the previous RISE award being and 7 CFR part 15d, Nondiscrimination representative with USDA, Director, expended at the time the Agency makes in Programs or Activities Conducted by Office of Adjudication, 1400 its eligibility determination for a the United States Department of Independence Avenue SW, Washington, subsequent application. Agriculture. The Agency will not DC 20250. (b) Application submittal. discriminate against applicants on the (2) Time for filing. A complaint must Applications must be submitted in basis of race, color, religion, national be filed no later than 180 days from the accordance with the provisions of this origin, sex, marital status, or age date of the alleged discrimination, subpart unless otherwise specified in a (provided that the applicant has the unless a request for a waiver of the 180- Federal Register notice. Grant capacity to contract); because all or part day timeline is requested and the time applications for financial assistance of the applicant’s income derives from for filing is extended by the designated under this subpart may be submitted at any public assistance program; or officials of USDA or the Agency. any time with awards made annually because the applicant has in good faith (3) Filing a complaint. To file a based on the application’s score and exercised any right under the Consumer program discrimination complaint, subject to available funding. Credit Protection Act, 15 U.S.C. 1601 et complete the USDA Program (c) Limit on number of applications. seq. Discrimination Complaint Form, AD– An applicant can apply for and compete (c) Civil rights compliance. Recipients 3027, found online at https:// only one RISE project under this subpart of grants must comply with the www.usda.gov/oascr/how-to-file-a- per Federal fiscal year, unless otherwise Americans with Disabilities Act of 1990, program-discrimination-complaint and noted in a Federal Register notice. 42 U.S.C. 12101 et seq., Title VI of the at any USDA office or write a letter (d) Application modification. Once Civil Rights Act of 1964, 42 U.S.C. addressed to USDA and provide in the submitted and prior to Agency award, if 2000d et seq., and Section 504 of the letter all of the information requested in an applicant significantly modifies its Rehabilitation Act of 1973, 29 U.S.C. the form. To request a copy of the application or scope of work, the 794. This includes collection and complaint form, call (866) 632–9992. application will be treated as a new

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application. The submission date of Additional extensions will not be special purpose unit of a tribal record for such modified applications granted. government engaged in economic will be the date the Agency receives the (2) Return of funds to the Agency. development activities, or a consortium modified application, and the Funds that exceed the amount the of Indian Tribes; application will be processed by the grantee is entitled to receive under the (3) A State or a political subdivision Agency as a new application under this financial assistance agreement or that of a State, including a special purpose subpart. Applications that are modified are remaining after grant closeout will unit of a State or local government due only to partial funding being be returned to the Agency. engaged in economic development available for the selected award are not activities, or a consortium of political § 4284.1111 Notifications. subject to this provision. subdivisions; (e) Incomplete applications. (a) Eligibility. If an applicant or its (4) An institution of higher education Applicants must submit a complete project is determined by the Agency to (as defined in section 101 of the Higher application in compliance with be ineligible at any time, the Agency Education Act of 1965 (20 U.S.C. 1001)) § 4284.1115 in order to be considered will inform the applicant, as applicable, or a consortium of institutions of higher for funding. If an application is in writing of the decision, reasons education; or incomplete, the Agency will identify therefore, and any applicable appeal (5) A public or private nonprofit those parts of the application that are rights. No further processing of the organization. incomplete and return the documents, application or disbursement of grant (c) The Partnership and its project with a written explanation, to the proceeds, if funds have been previously must serve a rural region, as defined. applicant for possible future awarded, will occur. (d) The Partnership must clearly resubmission. Upon receipt of a (b) Funding determinations. Each define the region that the partnership complete application by the appropriate applicant, as applicable, will be notified represents and ensure that the Region Agency office, the Agency will complete of the Agency’s funding decision on its encompasses each of the following: its evaluation and will compete the application. If the Agency’s decision is (1) Is large enough to contain critical application in accordance with the to not fund an application, the Agency elements of the industry cluster procedures specified in § 4284.1118, as will notify the applicant in writing prioritized by the partnership; applicable. including the reasons for the (2) Is small enough to enable close (f) Application withdrawal. During the determination and any applicable collaboration among members of the period between the submission of an appeal or review rights. partnership; application and the execution of grant § 4284.1112 Rural jobs accelerator (3) Includes a majority of award documents for an application partnership eligibility. communities that are located in the selected for funding, the applicant must A rural jobs accelerator partnership following: notify the Agency, in writing, if the (Partnership) organizes key community (i) A nonmetropolitan area that project is no longer viable or the and regional stakeholders into a qualifies as a low-income community; applicant is no longer requesting working group that focuses on the and financial assistance for the project. shared goals and needs of the targeted (ii) An area that has access to or has When an applicant withdrawal request industry cluster(s). To be eligible for a a plan to achieve broadband service, as is received by the Agency, the selection RISE grant under this subpart, the defined; and will be rescinded and/or the application Partnership must be formed on or after (4) Has a population of 50,000 or withdrawn from further processing and December 20, 2018, and meet each of fewer inhabitants or, for a region with funding consideration. the criteria specified in paragraphs (a) a population of more than 50,000 (g) Time limit on use of grant funds. through (d) of this section. The Agency inhabitants, is comprised of rural areas Except as provided in paragraph (g)(1) will determine a Partnership’s eligibility and urbanized areas, if any, are the of this section, grant funds not subject of a positive determination by expended within the initial grant term based on the criteria herein. (a) The Partnership must include one the Under Secretary for Rural of 4 years from the date the financial or more representatives of the following: Development with respect to a rural-in- assistance agreement was signed by the (1) A State, Tribal or local character petition, including such a Agency will be returned to the Agency. government; petition submitted concurrently with (1) Time extensions. The Agency may (2) A State, Tribal, or local the application of the partnership for a extend the 4-year grant time limit if the government entity; grant under this section. Agency determines, at its sole (3) A land-grant college or university (e) One or more members of the discretion, that the grantee is unable to or other institution of higher education, Partnership must be located in the complete the project for reasons beyond as defined in the Higher Education Act targeted region. The Partnership may the grantee’s control and that the of 1965 (20 U.S.C. 1001); consist of industry entities and other grantee has established an active jobs (4) A rural non-profit cooperative; or partners outside of the targeted region. accelerator and related programming. (5) A private entity, which may Grantees must submit a request for the include a business in an industry § 4284.1113 Project eligibility. no-cost extension no later than 90 days cluster, economic development or For a project to be eligible to receive before the expiration date of the community development organization, a RISE grant under this subpart, the Financial Assistance Agreement. This financial institution including a proposed project must meet the request must describe the extenuating community development financial requirements specified in paragraphs (a) circumstances that were beyond its institution, philanthropic organization through (e) of this section. The control to complete the project for or labor organization. applicant project outcome must which the grant was awarded, elements (b) The Partnership must have a lead accelerate the formation of new of completion that are required and applicant represented by one of the businesses with high-growth potential, their timeframe, and why an approval is following: improve the ability of rural businesses in the government’s best interest. The (1) A district organization; and distressed rural communities to Agency may extend the grant term up to (2) An Indian Tribe or a political create high-wage jobs, and strengthen an additional two-year period. subdivision of a Tribe, including a rural regional economies by engaging in

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one or more of the following eligible area; as long as assistance being applicant. The following is a list of uses: provided is to residents located in a eligible project costs: (a) The construction or purchase of a rural area. The innovation center must (1) Costs directly related to the building to serve as an innovation be located in a rural low-income purchase or construction of an center located in a rural low-income community if grant funds are used for innovation center; community which establishes and/or the construction or purchase of an (2) Costs directly related to operations supports a jobs accelerator and any innovation center. of an innovation center including equipment needs of the innovation (e) The applicant is cautioned against purchase of equipment, office supplies, center to support the jobs accelerator; taking any actions or incurring any and administrative costs including (b) Be for the support of programs to obligations prior to the Agency salaries directly related to the project; be carried out at or in direct partnership completing the environmental review (3) Costs directly associated with with the jobs accelerator or in support that would either limit the range of support programs to be carried out at or of jobs accelerator initiatives including alternatives to be considered or that in direct partnership with job one or more of the following: would have an adverse effect on the accelerators; (1) Linking rural communities and environment, such as the initiation of (4) Reasonable and customary travel entrepreneurs to markets, networks, construction. If the applicant takes any expenses directly related to job industry clusters, and other regional such actions or incurs any such accelerators and at rates in compliance opportunities to support high-wage job obligations, it could result in project with 2 CFR 200.474; creation, new business formation, ineligibility. Projects involving the (5) Utility costs, operating expenses of business expansion, and economic construction of an innovation center as the innovation center and job growth of rural communities; an eligible purpose are subject to the accelerator programs and associated (2) Integrating rural small businesses environmental requirements of 7 CFR programs; into a supply chain; part 1970. (6) Administrative costs of the grantee (3) Creating or expanding will not exceed 10% of the grant commercialization activities for new § 4284.1114 RISE grant funding. amount for the duration of the project. business formation in rural areas; (a) Grant amounts. The amount of (d) Ineligible project costs. Ineligible (4) Identifying and building assets in grant funds that will be made available project costs and uses of funds for RISE rural communities that are crucial to to a Partnership under this subpart will projects include, but are not limited to: supporting regional economies; not exceed 80 percent of eligible project (1) Costs associated with preparation (5) Facilitating the repatriations of costs. The Federal share of the cost of of an application package under this high-wage jobs to the United States; any activity carried out using a grant notice; (6) Supporting the deployment of under this section shall not be greater (2) Costs incurred prior to Agency innovative processes, technologies, and than 80 percent. receipt of a complete application for the products; (1) Minimum request. Unless grant request made under a funding (7) Enhancing the capacity of rural otherwise specified in a Federal notice; small businesses in regional industry Register notice, the minimum request (3) Funding of any political or clusters, including small and for a RISE grant application is $500,000. lobbying activities; disadvantaged businesses; (2) Maximum request. Unless (4) Payment for assistance to any (8) Increasing United States exports otherwise specified in a Federal private business enterprise which does and business interaction with Register notice, the maximum request not create and/or support jobs in a rural international buyers and suppliers; for a RISE grant application is area of the United States; (9) Developing the skills and expertise $2,000,000. (5) Payment of any judgment or debt of local workforces, entrepreneurs, and (b) Matching funds. The applicant is owed to the United States; institutional partners in the region to responsible for securing the matching (6) Duplicate current services or meet the needs of employers and funds for total eligible project costs that substitute support previously provided. prepare workers for high-wage jobs in are not covered by grant funds. The non- If the current service is inadequate, the identified industry clusters, Federal share of the total eligible project however, grant funds may be used to including the upskilling of incumbent costs of any activity carried out using a expand the level of effort or services workers; grant under this section may be in the beyond what is currently being (10) Ensuring rural communities have form of third-party equity contributions provided; the capacity and ability to carry out including donations and in-kind (7) To fund a part of a project that is projects relating to housing, community contributions of fairly-valued goods or dependent on other funding unless facilities, infrastructure, or community services. there is a firm commitment of the other and economic development to support (c) Eligible project costs. Eligible funding to ensure completion of the regional industry cluster growth; project costs are only those costs project; (11) Any activities that the Agency incurred after a complete application (8) Pass through grants; and may determine to be appropriate, as has been received by the Agency and are (9) costs associated with hemp specified in a Federal Register notice. associated with the items identified in production, unless a hemp producer has (c) Not more than 10 percent of a RISE paragraphs (c)(1) through (6) of this a valid license issued from an approved grant awarded under this section shall section. The applicant is responsible for State, Tribal or Federal plan as per be used for indirect costs of the any expenses incurred in developing its Section 10113 of the Agriculture applicant associated with administering application. Each item identified in Improvement Act of 2018, Public Law the RISE grant. The Agency may paragraphs (c)(1) through (6) of this 115–334 (verification of valid hemp increase this percentage as a section is only an eligible project cost if licenses will occur at the time of award). documented exception on a case by case it is directly related to, and its use and basis. purpose is limited to the RISE grant § 4284.1115 RISE grant applications— (d) The innovation center may be project. Any building or equipment content. physically located in a rural area as purchased with grant proceeds must be (a) A potential applicant for RISE may defined in § 4284.1103 or in a non-rural owned and controlled by the lead submit a concept proposal not less than

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60 days in advance of the application (4) An executive summary, project (x) Readiness demonstration, which submittal deadline as published in the plan and scope of work must be shall be comprised of the following Federal Register for review by the provided with the applicant’s strategy, items: Agency. This concept proposal will be activities, budget, goals and objectives (A) Description of readiness of all evaluated, and an encouragement or for the use of RISE funds. The applicant partners of the Partnership to contribute discouragement letter will be issued to should also provide information on the to the project including their ability to the potential applicant. If a sustainability of the partnership and coordinate activities, finances and discouragement letter is issued, it will jobs accelerator at the conclusion of the outcomes of the project. detail any weaknesses evaluated in the RISE grant period. (B) Evidence of a formal agreement Agency’s review, though a complete (b) Unless otherwise specified in a among partners of the Partnership for application may still be submitted prior Federal Register notice, applicants may delivery of the RISE program. to the application deadline. The concept only submit one RISE grant application (C) Evidence of demonstrated proposal may be up to 10 pages in each Federal fiscal year. readiness in administering the RISE length using a minimum of 11-point (1) The lead applicant must be grant, if awarded, including font. The concept proposal should be in registered in the System for Award demonstration of potential success in a narrative format and must include the Management (SAM) and is responsible establishment of a jobs accelerator following: for submitting a complete application as project, which targets an industry (1) Partnership information including specified in (b)(2)(i) through (b)(2)(xiv) cluster and the initiatives of the RISE the members and structure of the of this section. grant. The application should indicate Partnership, the date formalized, and (2) There are no specific limitations when activities related to the expected the governance or leadership board. The on the number of pages or other outcomes will commence. information will identify the lead formatting requirements of an (D) Description of how the project applicant and each partner’s ties to the application. Applicants, who submitted will be marketed in the region and how region, their roles in the delivery of the a concept proposal to the Agency, will the Partnership will capture any RISE program and any history of not need to resubmit the information program impacts and success stories; previous collaboration between found in (b)(2)(ix) below. The Agency and partners. The amount and source of will review and retain this information (E) Timeline describing the proposed anticipated matching funds will also be for application submittal. A complete tasks to be accomplished and the provided. application will consist of the following schedule for implementation of each (2) Describe the geographic region to components unless otherwise specified task. be served including the total in a Federal Register notice: (xi) Provide documentation on how population, economic characteristics of (i) Form SF–424, ‘‘Application for the RISE project will impact the the region such as unemployment rates Federal Assistance;’’ initiatives below, as applicable, and income levels. Industry sectors, (ii) Form SF–424A, ‘‘Budget including a brief description of how and their status, size and economic Information—Non-Construction when the initiative will be delivered: contribution to the region and all Programs,’’ if applicable; (A) Linking rural communities and communities including metropolitan (iii) Form SF–424C, ‘‘Budget entrepreneurs to markets, networks, statistical areas and nonmetro low Information—Construction Programs,’’ industry clusters, and other regional income communities within the region if applicable; opportunities to support high-wage job should be identified. The availability (iv) Form SF–424D, ‘‘Assurances— creation, new business formation, and planned enhancements of Construction Programs,’’ if applicable; business expansion, and economic broadband service and other assets of (v) RD Form 400–1, ‘‘Equal growth; the region should also be identified. If Opportunity Agreement,’’ for (B) Integrating small businesses into a the region to be served has a population construction projects only; supply chain; of more than 50,000 inhabitants, the (vi) Identify the ethnicity, race, and (C) Creating or expanding applicant must document why they gender characteristics of the lead commercialization activities for new believe the area is ‘‘rural in character’’ applicant’s leadership. This information business formation; including, but not limited to, the area’s is optional and is not a required (D) Identifying and building assets in population density, demographics, and component for a complete application; rural communities that are crucial to topography and how the local economy (vii) Certification that the lead supporting regional economies; is tied to a rural economic base. applicant is a legal entity in good (E) Facilitating the repatriation of (3) Identify the industry cluster(s) that standing (as applicable) and operating high-wage jobs to the United States; will be prioritized by the Partnership in accordance with the laws of the (F) Supporting the deployment of with information on the firms and State(s) or Tribe where the applicant innovative processes, technologies, and support industries in those clusters. exists; products; Describe the status of the industry (as (viii) The lead applicant must identify (G) Enhancing the capacity of small emerging, existing, or declining) any whether or not the lead applicant has a businesses in regional industry clusters, existing interconnection and networks known relationship or association with including small and disadvantaged within the industry cluster and describe an Agency employee and, if there is a businesses; participation and scale of small and known relationship, the lead applicant (H) Increasing United States exports disadvantaged businesses within the must identify each Agency employee and business interaction with industry cluster. Describe the with whom the lead applicant has a international buyers and suppliers; opportunities or potential of industry known relationship; (I) Developing the skills and expertise growth in the region and competitive (ix) All items required in paragraph of local workforces, entrepreneurs, and advantages of the region and industry (a) of this section must be provided with institutional partners to meet the needs cluster should be highlighted along with the application (applicants must of employers and prepare workers for opportunities within the industry for provide updates, as appropriate, to any high-wage jobs in the identified the creation of or upgrading to high- items previously submitted as a concept industry clusters, including the wage jobs. proposal under paragraph (a)); upskilling of incumbent workers;

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(J) Ensuring rural communities have (E) Discuss the entrepreneurial deliver the stated criteria will be the capacity and ability to carry out commitment to the RISE project. awarded higher points in that criteria. projects related to housing, community (F) Discuss any innovative processes (a) Demonstrated readiness. The facilities, infrastructure, or community and technologies to be utilized in the Partnership demonstrated readiness in and economic development to support targeted industry cluster(s) of the RISE administering the RISE grant regional industry cluster growth; project. successfully and shows strong (xii) Potential to produce high-wage (G) Discuss the initial and continuing documentation indicating the potential jobs and benefit rural small and capital investment in the RISE project. for success in establishing a jobs disadvantaged businesses, including a (H) Discuss any demand for regional accelerator project which targets an description of the following: and global markets of the product and/ industry cluster and the initiative(s) of (A) Describe how the project will or service provided by the targeted the RISE grant program. Points are develop the skills and expertise of the industry cluster. awarded on a scale of 0 to 10 with a local workforce, entrepreneurs and (I) Discuss if the region contains any maximum of 10 points being awarded. institutional partners to meet the needs areas or communities that qualify for (b) Targeted initiatives. A maximum of employers and prepare high-wage federal initiatives. of 15 points will be awarded for this jobs in the targeted industry cluster(s), (J) Elaborate on the current broadband criterion based on meeting the targeted which may also include the upskilling service within the region and any plans initiatives as stated in of incumbent worker; to leverage the current broadband § 4284.1115(b)(2)(xi) with action (B) Demonstrate how the project will service or enhance broadband service in narratives outlined in the application on benefit the skills and expertise of small the region through the RISE project. how and when the initiatives will be and disadvantaged businesses, as (xiv) Financial information, including delivered. More points will be awarded applicable; the following: for reasonable initiatives that can be (C) Demonstrate any participation of (A) Identification of matching funds delivered within 12 months of the grant higher education, applied research and other sources of funds for the award and for those projects leveraging institutions, workforce development project. Provide written commitments improvements in high-speed broadband entities and community-based for matching funds and other sources of service to the region. organizations, that are willing to partner funds at the time the application is (c) Project support. Points will be with the project to provide workers with submitted. awarded for the strength of local skills relevant to the industry cluster (B) Current financial statements and a support of the RISE project and needs of the region, with an emphasis narrative description demonstrating entrepreneurial commitment. A on the use of on-the-job training, financial feasibility and sustainability of maximum of 15 points can be awarded classroom occupational training or the project, all of which demonstrate for application materials that indicate incumbent worker training, as sufficient resources and expertise to the strength of support for the RISE applicable; and undertake and complete the project and project. Points will be awarded from the (D) Demonstrate any participation of how the project will be sustained partnership’s demonstration of its investment organizations, venture following completion. sources of funding, personnel and development organizations, venture (c) Upon receipt of a complete technical resources committed to the capital firms, revolving loan funders, application, the Agency will determine project, and a focus on the inclusion of angel investment groups, community if the applicant and project are eligible institutional partners expanding access lenders, community development and whether the intended outcomes to capital and willingness to potentially financial institutions, rural business described meet the requirements of the invest in projects emerging from the jobs investment companies, small business RISE program. If the application is accelerator. Points shall also be awarded companies (as defined in Section 103 of ineligible or not feasible, the Agency for demonstrated resources that will the Small Business Investment Act of will inform the applicant in writing of sustain the project beyond the term of 1958 (15 U.S.C. 662)), philanthropic the reasons for the Agency’s the RISE grant period. organizations, and other institutions determination and no further evaluation (d) Targeted region. A maximum of 20 focused on expanding access to capital, of the application will occur. points will be awarded for this criterion are committed partners in the job based on the region’s demographics accelerator partnership and willing to § 4284.1116 [Reserved] according to the latest census potentially invest in projects emerging § 4284.1117 Scoring RISE grant information. The applicant must from the jobs accelerator. applications. (xiii) Describe the targeted region, provide adequate documentation to the including the following information: The Agency will score each complete latest census information to receive (A) Provide the latest Census Bureau and eligible RISE application using the points. information on the targeted region’s criteria specified in paragraphs (a) (1) If the targeted region has a median median household income. through (g) of this section, unless household income of: (B) Provide the latest Census Bureau otherwise specified in a Federal (i) 50% or less of state median information on the targeted region’s Register notice, with a maximum score household income; 5 points will be educational attainment, specifically the of 100 points possible. Points will be awarded; percentage of the population who hold allowed only for factors indicated by (ii) Over 50% and up to 80% of state a bachelor’s degree. well documented, reasonable plans median household income; 3 points will (C) Discuss how any direct career which, in the opinion of the Agency, be awarded. training will be provided to existing provide assurance that the items have a (2) If the targeted region residents residents of the region (existing high probability of being accomplished. have the educational attainment of a residents being those persons who live Points shall be awarded at the discretion bachelor’s degree by: in the region at the time of application of the Agency to scoring criteria with a (i) 10% or less of the population; 5 submission). minimum and maximum number of points will be awarded; (D) Discuss any local support for the points available. Applicants that (ii) Over 10% and up to 30% of the RISE project. demonstrate the experience or ability to population; 3 points will be awarded.

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(3) Existing residents of the targeted (a) Bonding and insurance. The of Funds,’’ and the financial assistance region will receive direct career training applicant must provide satisfactory agreement. for new employment or upscaling to a evidence to the Agency that all officers high-wage job; 5 points will be awarded. of the applicant organization are § 4284.1120 Servicing RISE grants. (4) If the identified region has fewer authorized to receive and/or disburse The Agency will service RISE grants than 50,000 residents according to the Federal funds and are covered by such in accordance with the requirements most recent decennial census; 5 points bonding and/or insurance requirements specified in departmental regulations, will be awarded. as are normally required by the the financial assistance agreement, 7 (e) RISE grant funds requested. A applicant. CFR part 1951, subparts E and O, other maximum of 10 points will be awarded (b) Letter of conditions. A letter of than 7 CFR 1951.709(d)(1)(i)(B)(iv), and for this criterion if: conditions will be prepared by the the requirements in § 4284.1120, except (1) The RISE grant request is for Agency, establishing conditions that as specified in paragraphs (a) through $500,000 to $750,000; 10 points will be must be agreed to by the applicant (d) of this section. awarded. before any obligation of funds can (a) Inspections. Grantees must permit (2) The RISE grant request is for over occur. Upon reviewing the conditions periodic inspection of the project $750,000 and up to $1,000,000; 5 points and requirements in the letter of records and operations by a will be awarded. conditions, the applicant must representative of the Agency. (f) Regional impact. Points are complete, sign, and return the Form RD (b) Programmatic changes. Grantees awarded on a scale of 0 to 5 points for 1942–46, ‘‘Letter of Intent to Meet may make changes to an approved each category, with a total maximum of Conditions,’’ and Form RD 1940–1, project’s costs, scope, contractor, or 20 points being awarded for this ‘‘Request for Obligation of Funds,’’ to vendor subject to the provisions criterion. To receive points, the the Agency if it accepts the conditions specified in paragraphs (b)(1) through applicant must provide documentation of the grant; or if certain conditions (3) of this section. If the changes result to warrant strength on the following cannot be met, the applicant may in lowering the project’s score to below criteria, with points awarded for each: propose alternate conditions in writing what would have qualified the (1) Targeted industry(ies) in the to the Agency. The Agency must resolve region is classified as an emerging application for an award, the Agency or concur with any changes proposed by will not approve the changes. industry; the applicant to the letter of conditions (2) Applicant demonstrates that the (1) Prior Agency approval. The before the application will be further grantee must obtain prior Agency targeted industry(ies) in the region hold processed. a competitive advantage or will enhance approval for any change to the scope, (c) Evidence of matching funds. The contractor, or vendor of the approved their competitive advantage through the applicant is responsible for providing RISE project; project. Changes in project cost will documentation that the required require Agency approval as outlined in (3) Applicant demonstrates that matching funds for the project have industry provides significant support of paragraph (b)(1)(iii) of this section. been received or remain committed at (i) Grantees must submit requests for regional assets, including broadband, the date a financial assistance agreement and provides community and economic programmatic changes in writing to the is executed with the Agency. Agency for Agency approval. development support within the region; (d) SAM requirements. Each applicant (ii) Failure to obtain prior Agency (4) The RISE project’s forecasted applying for grant funds (unless an approval of any such change could outcomes align with RISE objectives; exception, as outlined in 2 CFR result in such remedies as suspension, and 25.110(a) through (d), is approved by (5) The RISE project will target termination, and recovery of grant the Agency) is required to: support to existing industry(ies), whose (1) Be registered in SAM before funds. significance in the region may be submitting its application; (iii) Prior Agency approval is required stagnant or on the decline but can be (2) Provide a valid unique entity for all increases in project costs. Prior enhanced through the benefits of the identifier in its application; and Agency approval is required for a RISE project. (3) Continue to maintain an active decrease in project cost only if the (g) Administrator points. A maximum SAM registration with current decrease would have a negative effect of 10 points will be awarded, with information at all times during which it on the long-term viability of the project. justification, at the discretion of the has an active Federal award or an A decrease in project cost that does not Agency Administrator, as announced in application or plan under consideration have a negative impact on long-term a Federal Register notice. by a Federal awarding agency. viability requires Agency notification § 4284.1118 Selecting RISE grant (e) Financial assistance agreement. prior to disbursement of funds. If project applications for award. Once the requirements specified in costs decrease, the Agency will reduce the grant amount, if necessary, to Unless otherwise provided for in a paragraphs (a) through (d) of this section maintain a maximum grant amount of Federal Register notice, RISE grant have been met, the financial assistance no greater than 80 percent of total applications will be evaluated, assigned agreement can be executed by the lead project activities as required in priority points as described in applicant and the Agency. The § 4284.1114(a). § 4284.1117 and ranked from highest to applicant must abide by all lowest score for funding consideration, requirements contained in the financial (2) Changes in project cost or scope. subject to the availability of funding. assistance agreement, this subpart, and If there is a significant change in project any other applicable Federal statutes or cost or any change in project scope, then § 4284.1119 Awarding and Administering regulations. Failure to follow these the grantee’s funding needs, eligibility, RISE Grants. requirements might result in and scoring, as applicable, will be The Agency will award and termination of the grant and adoption of reassessed. Any decreases in Agency administer RISE grants in accordance other available remedies. funds will be based on revised project with departmental regulations and with (f) Grant approval. The lead applicant costs and other factors, including the procedures and requirements will be sent an executed copy of the Agency regulations used at the time of specified in this part. executed Form RD 1940–1, ‘‘Obligation grant approval.

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(3) Change of contractor or vendor. (ii) Records that identify adequately prepared by grantee and approved by When seeking a change, the grantee the source and application of funds for the Agency. must submit a written request to the grant-supporting activities, together (2) Performance reports. Grantees Agency for approval. The proposed new with documentation to support the shall submit a performance report semi- contractor or vendor must have records. Those records must contain annually for the first two years, and qualifications and experience acceptable information pertaining to grant awards then annually thereafter, with the first to the Agency. The written request must and authorizations, obligations, report submitted no later than six contain sufficient information to unobligated balances, assets, liabilities, months after receiving a grant under this demonstrate to the Agency’s satisfaction outlays, and income; and section. This report will include, but not that such change maintains project (iii) Effective control over and be limited to, the following: integrity. If the Agency determines that accountability for all funds. The grantee (i) All activities funded with the grant project integrity continues to be must adequately safeguard all such funds; demonstrated, the grantee will be assets and must ensure that funds are (ii) Evaluation of progress towards allowed to make the change. If the used solely for authorized purposes. strategic initiatives identified in the Agency determines that project integrity (2) Records. The grantee will retain application for the grant, including a is no longer demonstrated, the change financial records, supporting discussion of any issues which may will not be approved and the grantee documents, statistical records, and all have occurred; has the following options: other records pertinent to the grant for (iii) Measurement of progress using (i) Continue with the original a period of at least three (3) years after performance measures during the contractor or vendor; completion of the grant period, except project period, which may include the (ii) Find another contractor or vendor that the records must be retained following: that has qualifications and experience beyond the 3-year period if audit (A) High-wage jobs created; (B) High-wage jobs retained; acceptable to the Agency to complete findings have not been resolved or if (C) Private investment leveraged; the project; or directed by the United States. The (D) Businesses improved; (iii) Terminate the grant by providing Agency and the Comptroller General of (E) Businesses retained; a written request to the Agency. No the United States, or any of their duly (F) New business formations; additional funding will be available authorized representatives, must have (G) New products, prototypes and/or from the Agency if costs for the project access to any books, documents, papers, services commercialized; have increased. Any Agency decision and records of the grantee that are (H) Improvement of the value of will be provided in writing to the lead pertinent to the specific grant for the existing products or services under applicant. purpose of making audit, examination, development; (c) Transfer of Applicant or excerpts, and transcripts. (I) Regional collaboration as measured Ownership. Any change to the jobs (f) Audit requirements. If applicable, by the number of organizations actively accelerator partnership prior to the grantees must provide an annual audit engaged in the industry cluster and/or obligation of funds must be approved by in accordance with 2 CFR part 200, the number of symposia held by the the Agency and will only be considered subpart F. The Agency may exercise its industry cluster, including if the partnership entities are eligible in right to do a program audit after the end organizations that are not located in the accordance with § 4284.1112. After the of the project to ensure that all funding immediate region defined by the project is obligated and operational, the supported eligible project costs. partnership and/or the number of applicant grantee may request, in (g) Grant disbursement. The Agency further cooperative agreements; writing, a transfer of the financial will determine, based on the applicable (J) Number of educations and training assistance agreement to another entity. departmental regulations, whether activities relating to the innovation; Subject to Agency approval provided in disbursement of a grant will be by (K) Number of innovative products, writing, the financial assistance advance or reimbursement. Any funds services and/or prototypes launched; agreement may be transferred to another disbursed in advance of the expense (L) Number of jobs relocated from entity provided: shall be used within three months and outside of the United States to the (1) The entity is determined by the the financial need substantiated in region; Agency to be an eligible lead applicant writing by the grantee. Form SF–270 or (M) Amount and number of new entity under this subpart; and Form SF–271 must be completed by the equity investments in industry cluster (2) The scope of the project for which grantee and submitted to the Agency no firms; the Agency funds will be used remain more often than monthly to request (N) Amount and number of new loans unchanged. either an advance or reimbursement of to industry cluster firms; (O) Dollar increase in exports (d) Disposition of acquired property. funds. resulting from the project activities; Grantees must abide by the disposition (h) Reporting Requirements. Financial (P) Percentage of employees for which of acquired asset requirements as and project performance reports must be training was provided; outlined in 2 CFR part 200 and provided by grantees and contain the (Q) Improvement in sales of departmental regulations. information specified in paragraphs (h) participating businesses; (e) Financial management system and (1) and (2) of this section. (R) Improvement in wages paid at records. The grantee must provide for (1) Federal Financial Reports. participating businesses; financial management systems and Between grant approval and completion (S) Improvement in income of maintain records as specified in of project (i.e., construction), SF–425, participating workers; paragraphs (e)(1) and (2) of this section. ‘‘Federal Financial Report’’ will be (T) Any measure determined (1) Financial management system. required of all grantees as applicable on appropriate by the Agency; and The grantee will provide for a financial a semiannual basis. The grantee will (U) Broadband development in the system that will include: complete the project within the total targeted region. (i) Accurate, current, and complete sums available to it, including the grant, (iv) Initiatives and timetable disclosure of the financial results of in accordance with the scope of work established for the next reporting each grant; and any necessary modifications thereof period; and

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(v) Any additional information as M3K 1Y5, Canada; telephone 416–375– drawings. The holes in the side brace found in the annual Federal Register 4000; fax 416–375–4539; email thd@ sub-assemblies were not cold-worked as notice. dehavilland.com; internet https:// required. As a result the side brace dehavilland.com. You may view this fitting might not meet its fatigue life, §§ 4284.1121—4284.1130 [Reserved] service information at the FAA, and cracking of the A-frame bottom § 4284.1131 OMB control number. Airworthiness Products Section, flange may result. The NPRM proposed The information collection Operational Safety Branch, 2200 South to require, depending on airplane requirements in this subpart are 216th St., Des Moines, WA. For configuration, removing the fasteners on approved by the Office of Management information on the availability of this the nacelle A-frame side brace sub- and Budget (OMB) and assigned OMB material at the FAA, call 206–231–3195. assemblies, doing an eddy current control number 0570–0075. It is also available on the internet at inspection for cracking, cold-working https://www.regulations.gov by the holes, installing oversize fasteners, Mark Brodziski, searching for and locating Docket No. re-identifying the reworked side brace Acting Administrator, Rural Business- FAA–2021–0183. fitting and A-frame, and repair if Cooperative Service. necessary. The FAA is issuing this AD Examining the AD Docket [FR Doc. 2021–12334 Filed 6–14–21; 8:45 am] to address possible cracking of the A- BILLING CODE 3410–XY–P You may examine the AD docket on frame. This condition, if not addressed, the internet at https:// may lead to collapse of the main landing www.regulations.gov by searching for gear (MLG). See the MCAI for additional DEPARTMENT OF TRANSPORTATION and locating Docket No. FAA–2021– background information. 0183; or in person at Docket Operations Federal Aviation Administration between 9 a.m. and 5 p.m., Monday Comments through Friday, except Federal holidays. The FAA gave the public the 14 CFR Part 39 The AD docket contains this final rule, opportunity to participate in developing any comments received, and other [Docket No. FAA–2021–0183; Project this final rule. The FAA has considered Identifier MCAI–2020–01408–T; Amendment information. The address for Docket the comment received. The Air Line 39–21589; AD 2021–12–02] Operations is U.S. Department of Pilots Association, International Transportation, Docket Operations, M– (ALPA), stated that it supports the RIN 2120–AA64 30, West Building Ground Floor, Room NPRM. W12–140, 1200 New Jersey Avenue SE, Airworthiness Directives; De Havilland Washington, DC 20590. Conclusion Aircraft of Canada Limited (Type Certificate Previously Held by FOR FURTHER INFORMATION CONTACT: The FAA reviewed the relevant data, Bombardier, Inc.) Airplanes Antariksh Shetty, Aerospace Engineer, considered the comment received, and Airframe and Propulsion Section, FAA, determined that air safety and the AGENCY: Federal Aviation New York ACO Branch, 1600 Stewart public interest require adopting this Administration (FAA), Department of Avenue, Suite 410, Westbury, NY final rule as proposed, except for minor Transportation (DOT). 11590; telephone 516–228–7300; fax editorial changes. The FAA has ACTION: Final rule. 516–794–5531; email 9-avs-nyaco-cos@ determined that these minor changes: faa.gov. • Are consistent with the intent that SUMMARY: The FAA is adopting a new SUPPLEMENTARY INFORMATION: was proposed in the NPRM for airworthiness directive (AD) for certain addressing the unsafe condition; and De Havilland Aircraft of Canada Limited Background • Do not add any additional burden Model DHC–8–400 series airplanes. Transport Canada Civil Aviation upon the public than was already This AD was prompted by a report that (TCCA), which is the aviation authority proposed in the NPRM. a number of nacelle A-frames were not for Canada, has issued TCCA AD CF– manufactured in accordance with Related Service Information Under 1 2020–39, dated October 14, 2020 (TCCA CFR Part 51 engineering drawings. This AD requires, AD CF–2020–39) (also referred to as the depending on airplane configuration, Mandatory Continuing Airworthiness De Havilland Aircraft of Canada removing the fasteners on the nacelle A- Information, or the MCAI), to correct an Limited has issued Service Bulletin 84– frame side brace sub-assemblies, doing unsafe condition for certain De 54–32, dated October 10, 2019. This an eddy current inspection for cracking, Havilland Aircraft of Canada Limited service information describes cold-working the holes, installing Model DHC–8–400 series airplanes. You procedures, depending on airplane oversize fasteners, re-identifying the may examine the MCAI in the AD configuration, for removing the fasteners reworked side brace fitting and A-frame, docket on the internet at https:// on the nacelle A-frame side brace sub- and repair if necessary. The FAA is www.regulations.gov by searching for assemblies, doing an eddy current issuing this AD to address the unsafe and locating Docket No. FAA–2021– inspection for cracking, cold-working condition on these products. 0183. the holes, installing oversize fasteners, DATES: This AD is effective July 20, The FAA issued a notice of proposed and re-identifying the reworked side 2021. rulemaking (NPRM) to amend 14 CFR brace fitting and A-frame. The Director of the Federal Register part 39 by adding an AD that would This service information is reasonably approved the incorporation by reference apply to certain De Havilland Aircraft of available because the interested parties of certain publication listed in this AD Canada Limited Model DHC–8–400 have access to it through their normal as of July 20, 2021. series airplanes. The NPRM published course of business or by the means ADDRESSES: For service information in the Federal Register on March 22, identified in the ADDRESSES section. identified in this final rule, contact De 2021 (86 FR 15149). The NPRM was Costs of Compliance Havilland Aircraft of Canada Limited, prompted by a report that a number of Q-Series Technical Help Desk, 123 nacelle A-frames were not manufactured The FAA estimates that this AD Garratt Boulevard, Toronto, Ontario in accordance with engineering affects 41 airplanes of U.S. registry. The

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FAA estimates the following costs to comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

15 work-hours × $85 per hour = $1,275 ...... $254 $1,529 $62,689

Authority for This Rulemaking PART 39—AIRWORTHINESS fasteners on the nacelle A-frame side brace DIRECTIVES sub-assemblies, do an eddy current Title 49 of the United States Code inspection for cracking on airplanes having specifies the FAA’s authority to issue ■ 1. The authority citation for part 39 30,000 total flight cycles or more, cold-work rules on aviation safety. Subtitle I, continues to read as follows: the holes, and install oversize fasteners, in section 106, describes the authority of accordance with Part A of paragraph 3.B. of the FAA Administrator. Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. the Accomplishment Instructions of De Aviation Programs, describes in more Havilland Aircraft of Canada Limited Service § 39.13 [Amended] Bulletin 84–54–32, dated October 10, 2019. If detail the scope of the Agency’s ■ 2. The FAA amends § 39.13 by adding any cracking is found, before further flight, authority. repair the cracking using a method approved The FAA is issuing this rulemaking the following new airworthiness by the Manager, New York ACO Branch, under the authority described in directive: FAA; or Transport Canada Civil Aviation Subtitle VII, Part A, Subpart III, Section 2021–12–02 De Havilland Aircraft of (TCCA); or De Havilland Aircraft of Canada 44701: General requirements. Under Canada Limited (Type Certificate Limited’s TCCA Design Approval that section, Congress charges the FAA Previously Held by Bombardier, Inc.): Organization (DAO). If approved by the DAO, Amendment 39–21589; Docket No. the approval must include the DAO- with promoting safe flight of civil authorized signature. aircraft in air commerce by prescribing FAA–2021–0183; Project Identifier MCAI–2020–01408–T. (ii) For all airplanes: Re-identify the regulations for practices, methods, and reworked side brace fitting and A-frame, in procedures the Administrator finds (a) Effective Date accordance with Part B of paragraph 3.B. of necessary for safety in air commerce. This airworthiness directive (AD) is the Accomplishment Instructions of De This regulation is within the scope of effective July 20, 2021. Havilland Aircraft of Canada Limited Service Bulletin 84–54–32, dated October 10, 2019. that authority because it addresses an (b) Affected ADs unsafe condition that is likely to exist or (2) At the earlier of the times specified in None. paragraphs (g)(2)(i) and (ii) of this AD, do the develop on products identified in this applicable actions specified in paragraph rulemaking action. (c) Applicability (g)(1) of this AD. Regulatory Findings This AD applies to De Havilland Aircraft (i) Within 48 months or 8,000 flight hours of Canada Limited (type certificate after the effective date of this AD, whichever This AD will not have federalism previously held by Bombardier, Inc.) Model occurs first. implications under Executive Order DHC–8–400, –401, and –402 airplanes, (ii) At the later of the times specified in 13132. This AD will not have a certificated in any category, serial numbers paragraphs (g)(2)(ii)(A) and (B) of this AD. substantial direct effect on the States, on 4081 through 4591 inclusive. (A) Before accumulating 40,000 total flight the relationship between the national cycles. (d) Subject (B) Within 12 months or 1,290 flight cycles government and the States, or on the Air Transport Association (ATA) of after the effective date of this AD, whichever distribution of power and America Code 54, Nacelles/pylons. occurs first. responsibilities among the various levels of government. (e) Reason (h) Other FAA AD Provisions For the reasons discussed above, I This AD was prompted by a report that a The following provisions also apply to this certify that this AD: number of nacelle A-frames were not AD: manufactured in accordance with (1) Alternative Methods of Compliance (1) Is not a ‘‘significant regulatory engineering drawings. The holes in the side (AMOCs): The Manager, New York ACO action’’ under Executive Order 12866, brace sub-assemblies were not cold-worked Branch, FAA, has the authority to approve (2) Will not affect intrastate aviation as required. As a result the side brace fitting AMOCs for this AD, if requested using the in Alaska, and might not meet its fatigue life, and cracking procedures found in 14 CFR 39.19. In (3) Will not have a significant of the A-frame bottom flange may result. The accordance with 14 CFR 39.19, send your economic impact, positive or negative, FAA is issuing this AD to address possible request to your principal inspector or on a substantial number of small entities cracking of the A-frame. This condition, if responsible Flight Standards Office, as not addressed, may lead to collapse of the appropriate. If sending information directly under the criteria of the Regulatory main landing gear (MLG). to the manager of the certification office, Flexibility Act. send it to ATTN: Program Manager, (f) Compliance List of Subjects in 14 CFR Part 39 Continuing Operational Safety, FAA, New Comply with this AD within the York ACO Branch, 1600 Stewart Avenue, Air transportation, Aircraft, Aviation compliance times specified, unless already Suite 410, Westbury, NY 11590; telephone safety, Incorporation by reference, done. 516–228–7300; fax 516–794–5531. Before Safety. using any approved AMOC, notify your (g) Required Actions appropriate principal inspector, or lacking a Adoption of the Amendment (1) Within the compliance time specified principal inspector, the manager of the in paragraph (g)(2) of this AD, do the responsible Flight Standards Office. Accordingly, under the authority applicable actions specified in paragraphs (2) Contacting the Manufacturer: For any delegated to me by the Administrator, (g)(1)(i) and (ii) of this AD. requirement in this AD to obtain instructions the FAA amends 14 CFR part 39 as (i) For airplanes having serial numbers from a manufacturer, the instructions must follows: 4081 through 4582 inclusive: Remove the be accomplished using a method approved

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by the Manager, New York ACO Branch, DEPARTMENT OF TRANSPORTATION p.m., Monday through Friday, except FAA; or TCCA; or De Havilland Aircraft of Federal holidays. Canada Limited’s TCCA DAO. If approved by Federal Aviation Administration For service information identified in the DAO, the approval must include the this final rule, contact GE Aviation DAO-authorized signature. 14 CFR Part 39 Czech s.r.o., Beranovy´ch 65, 199 00 (i) Related Information [Docket No. FAA–2021–0499; Project Praha 18, Letnany, Czech Republic; Identifier MCAI–2021–00571–E; Amendment phone: +420 222 538 111; fax: +420 222 (1) Refer to Mandatory Continuing 39–21612; AD 2021–13–07] 538 222. You may view this service Airworthiness Information (MCAI) TCCA AD information at the FAA, Airworthiness RIN 2120–AA64 CF–2020–39, dated October 14, 2020, for Products Section, Operational Safety related information. This MCAI may be Branch, 1200 District Avenue, found in the AD docket on the internet at Airworthiness Directives; GE Aviation Burlington, MA 01803. For information https://www.regulations.gov by searching for Czech s.r.o. (Type Certificate on the availability of this material at the and locating Docket No. FAA–2021–0183. Previously Held by WALTER Engines FAA, call (781) 238–7759. It is also (2) For more information about this AD, a.s., Walter a.s., and MOTORLET a.s.) available at https://www.regulations.gov contact Antariksh Shetty, Aerospace Turboprop Engines Engineer, Airframe and Propulsion Section, by searching for and locating Docket No. AGENCY: Federal Aviation FAA–2021–0499. FAA, New York ACO Branch, 1600 Stewart Administration (FAA), DOT. Avenue, Suite 410, Westbury, NY 11590; ACTION: Final rule; request for Examining the AD Docket telephone 516–228–7300; fax 516–794–5531; comments. You may examine the AD docket at email [email protected]. https://www.regulations.gov by (j) Material Incorporated by Reference SUMMARY: The FAA is adopting a new searching for and locating Docket No. airworthiness directive (AD) for all GE (1) The Director of the Federal Register FAA–2021–0499; or in person at Docket Aviation Czech s.r.o. (GEAC) M601D– Operations between 9 a.m. and 5 p.m., approved the incorporation by reference 11, M601E–11, M601E–11A, M601E– (IBR) of the service information listed in this Monday through Friday, except Federal 11AS, M601E–11S, and M601F model holidays. The AD docket contains this paragraph under 5 U.S.C. 552(a) and 1 CFR turboprop engines. This AD was part 51. final rule, any comments received, and prompted by the manufacturer finding other information. The street address for (2) You must use this service information errors in the Airworthiness Limitation as applicable to do the actions required by the Docket Operations is listed above. Section (ALS) of the Engine this AD, unless this AD specifies otherwise. Maintenance Manual (EMM), including FOR FURTHER INFORMATION CONTACT: (i) De Havilland Aircraft of Canada Limited errors in the formula to determine the Barbara Caufield, Aviation Safety Service Bulletin 84–54–32, dated October 10, equivalent flight cycles (FCs) of critical Engineer, ECO Branch, FAA, 1200 2019. parts and errors with certain part District Avenue, Burlington, MA 01803; (ii) [Reserved] phone: (781) 238–7146; fax: (781) 238– (3) For service information identified in numbers (P/Ns). The manufacturer also determined that the life limit of a 7199; email: [email protected]. this AD, contact De Havilland Aircraft of SUPPLEMENTARY INFORMATION: Canada Limited, Q-Series Technical Help certain compressor case is not listed in Desk, 123 Garratt Boulevard, Toronto, the ALS section of the applicable EMM. Background This AD requires recalculating the life Ontario M3K 1Y5, Canada; telephone 416– The European Union Aviation Safety 375–4000; fax 416–375–4539; email thd@ of critical parts and, depending on the results of the recalculation, replacement Agency (EASA), which is the Technical dehavilland.com; internet https:// Agent for the Member States of the dehavilland.com. of these critical parts. This AD also requires replacement of a certain European Community, has issued EASA (4) You may view this service information Emergency AD 2021–0125–E, dated May at the FAA, Airworthiness Products Section, compressor case. The FAA is issuing this AD to address the unsafe condition 7, 2021 (referred to after this as ‘‘the Operational Safety Branch, 2200 South 216th MCAI’’), to address an unsafe condition St., Des Moines, WA. For information on the on these products. for the specified products. The MCAI availability of this material at the FAA, call DATES: This AD is effective June 30, states: 206–231–3195. 2021. (5) You may view this service information The Director of the Federal Register Errors have been identified in the ALS that is incorporated by reference at the approved the incorporation by reference section of the EMM [Engine Maintenance National Archives and Records of a certain publication listed in this AD Manual], including errors in the formula to determine the equivalent flight cycles of Administration (NARA). For information on as of June 30, 2021. critical parts, and certain part numbers. It the availability of this material at NARA, The FAA must receive comments on was also determined that, inadvertently, email [email protected], or go to: https:// this AD by July 30, 2021. certain M601E engines have a compressor www.archives.gov/federal-register/cfr/ibr- ADDRESSES: You may send comments, case P/N M601–154.61 installed, the life locations.html. using the procedures found in 14 CFR limit of which is not listed in the ALS section Issued on May 25, 2021. 11.43 and 11.45, by any of the following of the applicable EMM. methods: These conditions, if not corrected, may Lance T. Gant, • Federal eRulemaking Portal: Go to lead to operation of an engine beyond the life Director, Compliance & Airworthiness https://www.regulations.gov. Follow the limit of one or more critical parts, possibly Division, Aircraft Certification Service. instructions for submitting comments. resulting in failure of the engine and [FR Doc. 2021–12435 Filed 6–14–21; 8:45 am] • Fax: (202) 493–2251. consequent reduced control of the aeroplane. To address this potential unsafe BILLING CODE 4910–13–P • Mail: U.S. Department of conditions, GEAC issued [GEAC Alert Transportation, Docket Operations, Service Bulletin (ASB) ASB–M601D–72–00– M–30, West Building Ground Floor, 00–0075, ASB–M601E–72–00–00–0106, Room W12–140, 1200 New Jersey ASB–M601F–72–00–00–0057 and ASB– Avenue SE, Washington, DC 20590. M601Z–72–00–00–0057 (issued as a single • Hand Delivery: Deliver to Mail document)], providing instructions to address above between 9 a.m. and 5 recalculate the consumed life of certain

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critical parts, and [GEAC ASB–M601E–72– M601D–11NZ, M601E, M601E–21, impracticable and contrary to the public 30–00–0105], providing instructions for M601FS, M601F–11, M601F–22, interest pursuant to 5 U.S.C. certain M601E engines to replace the M601F–32, M601T, and M601Z model 553(b)(3)(B). In addition, the FAA finds compressor case with an eligible part. turboprop engines as these engine that good cause exists pursuant to 5 For the reason described above, this [EASA] AD requires replacement of critical models are not type certificated in the U.S.C. 553(d) for making this parts, the recalculated life of which exceeds United States. amendment effective in less than 30 days, for the same reasons the FAA the applicable life limit, and replacement of Interim Action the compressor case on certain M601E found good cause to forego notice and engines. The FAA considers this AD to be an comment. interim action. This unsafe condition is You may obtain further information Comments Invited by examining the MCAI in the AD still under investigation by the docket at https://www.regulations.gov manufacturer and, depending on the The FAA invites you to send any by searching for and locating Docket No. results of that investigation, the FAA written data, views, or arguments about may consider further rulemaking action. this final rule. Send your comments to FAA–2021–0499. an address listed under ADDRESSES. Justification for Immediate Adoption FAA’s Determination Include ‘‘Docket No. FAA–2021–0499 and Determination of the Effective Date The FAA is issuing this AD because and Project Identifier MCAI–2021– Section 553(b)(3)(B) of the the agency has determined the unsafe 00571–E’’ at the beginning of your Administrative Procedure Act (APA) (5 condition described previously is likely comments. The most helpful comments U.S.C. 551 et seq.) authorizes agencies to exist or develop in other products of reference a specific portion of the final to dispense with notice and comment the same type design. rule, explain the reason for any procedures for rules when the agency, recommended change, and include Related Service Information Under 1 for ‘‘good cause,’’ finds that those supporting data. The FAA will consider CFR Part 51 procedures are ‘‘impracticable, all comments received by the closing The FAA reviewed GE Aviation Czech unnecessary, or contrary to the public date and may amend this final rule ASB–M601F–72–00–00–0057 [00], interest.’’ Under this section, an agency, because of those comments. ASB–M601E–72–00–00–0106 [00], upon finding good cause, may issue a Except for Confidential Business ASB–M601D–72–00–00–0075 [00], and final rule without providing notice and Information (CBI) as described in the ASB–M601Z–72–00–00–0057 [00] seeking comment prior to issuance. following paragraph, and other (single document; formatted as service Further, section 553(d) of the APA information as described in 14 CFR bulletin identifier [revision number]), authorizes agencies to make rules 11.35, the FAA will post all comments dated May 7, 2021. This ASB specifies effective in less than thirty days, upon received, without change, to https:// procedures for calculating consumed a finding of good cause. www.regulations.gov, including any life of the critical parts. This service An unsafe condition exists that personal information you provide. The information is reasonably available requires the immediate adoption of this agency will also post a report because the interested parties have AD without providing an opportunity summarizing each substantive verbal access to it through their normal course for public comments prior to adoption. contact received about this final rule. of business or by the means identified The FAA has found that the risk to the flying public justifies foregoing notice Confidential Business Information in ADDRESSES. and comment prior to adoption of this CBI is commercial or financial Other Related Service Information rule. In May 2021, the FAA received a information that is both customarily and The FAA reviewed GE Aviation Czech notification from the manufacturer actually treated as private by its owner. ASB–M601E–72–30–00–0105 [00] about their discovery of errors with the Under the Freedom of Information Act (formatted as service bulletin identifier formula for calculating the life limit of (FOIA) (5 U.S.C. 552), CBI is exempt [revision number]), dated May 7, 2021. critical parts located in the ALS of the from public disclosure. If your This ASB introduces life limits to EMM. The manufacturer also discovered comments responsive to this AD contain compressor case P/N M601–154.61. that compressor case, P/N M601–154.61, commercial or financial information which was modified and installed in that is customarily treated as private, AD Requirements GEAC M601E model turboprop engines, that you actually treat as private, and This AD requires recalculating the life had no corresponding life limit listed in that is relevant or responsive to this AD, of critical parts and, depending on the the ALS of the corresponding EMM. As it is important that you clearly designate results of the recalculation, replacement a result of discovering these errors, the the submitted comments as CBI. Please of critical parts. This AD also requires manufacturer published service mark each page of your submission replacement of compressor case, part information providing instructions to containing CBI as ‘‘PROPIN.’’ The FAA number M601–154.61, installed on update the formula used to recalculate will treat such marked submissions as GEAC M601E model turboprop engines. life limits on critical parts and introduce confidential under the FOIA, and they a life limit for compressor case P/N will not be placed in the public docket Differences Between the AD and the M601–154.61. of this AD. Submissions containing CBI Service Information Critical parts exceeding their life should be sent to Barbara Caufield, EASA Emergency AD 2021–0125–E, limits can result in failure of the engine, Aviation Safety Engineer, ECO Branch, dated May 7, 2021, applies to GEAC further resulting in uncontained release FAA, 1200 District Avenue, Burlington, M601D, M601D–1, M601D–2, M601D– of a critical part, damage to the engine, MA 01803. Any commentary that the 11, M601D–11NZ, M601E, M601E–11, and damage to the airplane. The FAA FAA receives which is not specifically M601E–11A, M601E–11AS, M601E– considers the failure of a critical part to designated as CBI will be placed in the 11S, M601E–21, M601F, M601FS, be an urgent safety issue that requires public docket for this rulemaking. M601F–11, M601F–22, M601F–32, immediate action to avoid damage to the M601T, and M601Z model turboprop engine and airplane. Regulatory Flexibility Act engines. This AD does not include Accordingly, notice and opportunity The requirements of the Regulatory GEAC M601D, M601D–1, M601D–2, for prior public comment are Flexibility Act (RFA) do not apply when

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an agency finds good cause pursuant to Costs of Compliance The FAA estimates the following 5 U.S.C. 553 to adopt a rule without costs to comply with this AD: prior notice and comment. Because FAA The FAA estimates that this AD has determined that it has good cause to affects 9 engines installed on airplanes adopt this rule without prior notice and of U.S. registry. comment, RFA analysis is not required.

ESTIMATED COSTS

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

Recalculate life of critical parts ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $765 Replace compressor case ...... 10 work-hours × $85 per hour = $850 ...... 64,655 65,505 589,545

The FAA has included all known The Amendment release of a critical part, damage to the engine, and damage to the airplane. costs in its cost estimate. According to Accordingly, under the authority the manufacturer, however, some of the delegated to me by the Administrator, (f) Compliance costs of this AD may be covered under the FAA amends 14 CFR part 39 as Comply with this AD within the warranty, thereby reducing the cost follows: compliance times specified, unless already impact on affected operators. done. Authority for This Rulemaking PART 39—AIRWORTHINESS DIRECTIVES (g) Required Actions Title 49 of the United States Code (1) For all affected GEAC model turboprop specifies the FAA’s authority to issue ■ 1. The authority citation for part 39 engines, within one FC after the effective rules on aviation safety. Subtitle I, continues to read as follows: date of this AD, perform all actions in the Accomplishment Instructions, paragraphs 2.1 section 106, describes the authority of Authority: 49 U.S.C. 106(g), 40113, 44701. the FAA Administrator. Subtitle VII: through 2.3, of GE Aviation Czech Alert Aviation Programs describes in more § 39.13 [Amended] Service Bulletin (ASB) ASB–M601F–72–00– 00–0057 [00], ASB–M601E–72–00–00–0106 detail the scope of the Agency’s ■ 2. The FAA amends § 39.13 by adding authority. [00], ASB–M601D–72–00–00–0075 [00], and the following new airworthiness ASB–M601Z–72–00–00–0057 [00] (single The FAA is issuing this rulemaking directive: under the authority described in document; formatted as service bulletin Subtitle VII, Part A, Subpart III, Section 2021–13–07 GE Aviation Czech s.r.o (Type identifier [revision number]) (the ASB), dated Certificate previously held by WALTER May 7, 2021. 44701: General requirements. Under (2) For GEAC M601E–11, M601E–11A, and that section, Congress charges the FAA Engines a.s., Walter a.s., and MOTORLET a.s.): Amendment 39–21612; Docket No. M601F model turboprop engines listed in with promoting safe flight of civil FAA–2021–0499; Project Identifier MCAI– Attachment 1, Group 1 Engines Serial aircraft in air commerce by prescribing 2021–00571–E. Numbers, in the ASB, before the recalculated regulations for practices, methods, and life exceeds the critical part’s life limit or (a) Effective Date procedures the Administrator finds within one FC after the effective date of this necessary for safety in air commerce. This airworthiness directive (AD) is AD, whichever occurs later, replace each This regulation is within the scope of effective June 30, 2021. critical part. that authority because it addresses an (b) Affected ADs (3) For GEAC M601D–11, M601E–11AS, and M601E–11S model turboprop engines, unsafe condition that is likely to exist or None. develop on products identified in this before the recalculated life exceeds the rulemaking action. (c) Applicability critical part’s life limit or within 30 days after the effective date of this AD, whichever This AD applies to GE Aviation Czech Regulatory Findings s.r.o. (GEAC) M601D–11, M601E–11, M601E– occurs later, replace each critical part. This AD will not have federalism 11A, M601E–11AS, M601E–11S, and M601F (4) For GEAC M601E–11, M601E–11A, M601E–11AS, and M601E–11S model implications under Executive Order model turboprop engines. turboprop engines, before the compressor 13132. This AD will not have a (d) Subject case, P/N M601–154.61, accumulates 11,000 substantial direct effect on the States, on Joint Aircraft System Component (JASC) equivalent FCs or within 350 flight hours the relationship between the national Code 7200, Engine (Turbine/Turboprop). from the effective date of this AD, whichever government and the States, or on the occurs first, remove the compressor case from distribution of power and (e) Unsafe Condition service and replace it with compressor case, responsibilities among the various This AD was prompted by the P/N M601–154.6 or P/N M601–154.65. manufacturer finding errors in the levels of government. (h) Installation Prohibition For the reasons discussed above, I Airworthiness Limitation Section (ALS) of certify that this AD: the Engine Maintenance Manual (EMM), After the effective date of this AD, do not (1) Is not a ‘‘significant regulatory including errors in the formula to determine install onto any airplane an engine with a action’’ under Executive Order 12866, the consumed equivalent flight cycles (FCs) critical part having a recalculated life that of critical parts and errors with certain part exceeds the critical part’s life limit as and numbers (P/Ns). The manufacturer also specified in the Airworthiness Limitation (2) Will not affect intrastate aviation determined that the life limit of compressor Section (ALS) of the applicable EMM. in Alaska. case, P/N M601–154.61, installed on certain (i) No Reporting Requirement List of Subjects in 14 CFR Part 39 GEAC M601E model engines is not listed in the ALS of the applicable EMM. The FAA is The reporting requirement in the Air transportation, Aircraft, Aviation issuing this AD to prevent the failure of the Accomplishment Instructions, paragraph safety, Incorporation by reference, engine. The unsafe condition, if not 2.2.1.4., of the ASB, is not required by this Safety. addressed, could result in uncontained AD.

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(j) Definitions Aviation Czech s.r.o., Beranovy´ch 65, 199 00 (C&DS), 2600 Westminster Blvd., MC (1) For the purpose of this AD, a ‘‘critical Praha 18, Letnany, Czech Republic; phone: 110–SK57, Seal Beach, CA 90740–5600; part’’ is an engine part listed in paragraph +420 222 538 111; fax: +420 222 538 222. telephone 562–797–1717; internet 2.3.1, Table B—List of Critical Parts and the (4) You may view this service information https://www.myboeingfleet.com. You Accelerating Factor, of the ASB. at FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District may view this service information at the (2) For the purpose of this AD, FAA, Airworthiness Products Section, ‘‘recalculated life’’ is the consumed life of the Avenue, Burlington, MA 01803. For critical part using the recalculation required information on the availability of this Operational Safety Branch, 2200 South by (g)(1) of this AD. material at the FAA, call (781) 238–7759. 216th St., Des Moines, WA. For (3) For the purpose of this AD, where the (5) You may view this service information information on the availability of this ASB says the ‘‘applicable Airworthiness that is incorporated by reference at the material at the FAA, call 206–231–3195. Limitation Section’’ use the following: National Archives and Records It is also available on the internet at (i) For affected model engines M601D–1, Administration (NARA). For information on https://www.regulations.gov by M601D–11, M601D–11NZ, M601D–2, the availability of this material at NARA, searching for and locating Docket No. M601Z: ‘‘the ALS section of GE Aviation email: [email protected], or go to: Engine Maintenance Manual 0982309.’’ https://www.archives.gov/federal-register/cfr/ FAA–2020–0341. (ii) For affected model engines M601E–11, ibr-locations.html. Examining the AD Docket M601E–11S, M601E–11A, M601E–11AS, Issued on June 10, 2021. M601F, M601FS: ‘‘the ALS section of GE You may examine the AD docket on Aviation Engine Maintenance Manual Lance T. Gant, the internet at https:// 0982302.’’ Director, Compliance & Airworthiness www.regulations.gov by searching for Division, Aircraft Certification Service. (k) Alternative Methods of Compliance and locating Docket No. FAA–2020– (AMOCs) [FR Doc. 2021–12659 Filed 6–11–21; 11:15 am] 0341; or in person at Docket Operations (1) The Manager, ECO Branch, FAA, has BILLING CODE 4910–13–P between 9 a.m. and 5 p.m., Monday the authority to approve AMOCs for this AD, through Friday, except Federal holidays. if requested using the procedures found in 14 The AD docket contains this final rule, CFR 39.19. In accordance with 14 CFR 39.19, DEPARTMENT OF TRANSPORTATION any comments received, and other send your request to your principal inspector information. The address for Docket or local Flight Standards District Office, as Federal Aviation Administration Operations is U.S. Department of appropriate. If sending information directly Transportation, Docket Operations, M– to the manager of the certification office, 14 CFR Part 39 30, West Building Ground Floor, Room send it to the attention of the person identified in Related Information. You may [Docket No. FAA–2020–0341; Project W12–140, 1200 New Jersey Avenue SE, email your request to: ANE-AD-AMOC@ Identifier 2020–NM–017–AD; Amendment Washington, DC 20590. faa.gov. 39–21586; AD 2021–11–24] FOR FURTHER INFORMATION CONTACT: (2) Before using any approved AMOC, RIN 2120–AA64 Christopher Baker, Aerospace Engineer, notify your appropriate principal inspector, Propulsion Section, FAA, Seattle ACO or lacking a principal inspector, the manager Branch, 2200 South 216th St., Des of the local flight standards district office/ Airworthiness Directives; The Boeing certificate holding district office. Company Airplanes Moines, WA 98198; phone and fax: 206– 231–3552; email: Christopher.R.Baker@ (l) Related Information AGENCY: Federal Aviation faa.gov. (1) For more information about this AD, Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: contact Barbara Caufield, Aviation Safety ACTION: Final rule. Engineer, ECO Branch, FAA, 1200 District Background Avenue, Burlington, MA 01803; phone: (781) SUMMARY: The FAA is adopting a new 238–7146; fax: (781) 238–7199; email: The FAA issued a notice of proposed airworthiness directive (AD) for certain rulemaking (NPRM) to amend 14 CFR [email protected]. The Boeing Company Model 737–600, (2) Refer to European Union Aviation part 39 by adding an AD that would Safety Agency (EASA) Emergency AD 2021– –700, –700C, –800, –900, and –900ER apply to certain The Boeing Company 0125–E, dated May 7, 2021, for more series airplanes. This AD was prompted Model 737–600, –700, –700C, –800, information. You may examine the EASA AD by significant changes made to the –900, and –900ER series airplanes. The in the AD docket at https:// airworthiness limitations (AWLs) NPRM published in the Federal www.regulations.gov by searching for and related to fuel tank ignition prevention locating it in Docket No. FAA–2021–0499. Register on May 6, 2020 (85 FR 26888). and the nitrogen generation system The NPRM was prompted by significant (m) Material Incorporated by Reference (NGS). This AD requires revising the changes made to the AWLs related to (1) The Director of the Federal Register existing maintenance or inspection fuel tank ignition prevention and the approved the incorporation by reference program, as applicable, to incorporate NGS. The NPRM proposed to require (IBR) of the service information listed in this the April 2019 or November 2020 revising the existing maintenance or paragraph under 5 U.S.C. 552(a) and 1 CFR revision of the airworthiness limitations inspection program, as applicable, to part 51. document. The FAA is issuing this AD (2) You must use this service information incorporate the April 2019 revision of to address the unsafe condition on these the airworthiness limitations document. as applicable to do the actions required by products. this AD, unless the AD specifies otherwise. The FAA is issuing this AD to prevent (i) GE Aviation Czech Alert Service DATES: This AD is effective July 20, the potential for ignition sources inside Bulletin (ASB) ASB–M601F–72–00–00–0057 2021. the fuel tanks and also to prevent [00], ASB–M601E–72–00–00–0106 [00], The Director of the Federal Register increasing the flammability exposure of ASB–M601D–72–00–00–0075 [00], and ASB– approved the incorporation by reference the center fuel tank caused by latent M601Z–72–00–00–0057 [00] (single of a certain publication listed in this AD failures, alterations, repairs, or document; formatted as service bulletin as of July 20, 2021. maintenance actions, which could result identifier [revision number]), dated May 7, 2021. ADDRESSES: For service information in a fuel tank explosion and consequent (ii) [Reserved] identified in this final rule, contact loss of an airplane. In addition, the FAA (3) For GE Aviation Czech service Boeing Commercial Airplanes, is issuing this AD to address the information identified in this AD, contact GE Attention: Contractual & Data Services potential loss of engine fuel suction feed

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capability, which could result in dual repaired per AWL No. 47–AWL–10 optionally incorporate Boeing engine flameouts, inability to restart ‘‘Nitrogen Generation System—Oxygen D626A001–9–04, dated November 2020, engines, and consequent forced landing Sensor Repair.’’ This AD requires which includes an off-wing inspection of the airplane. updating the existing maintenance/ as specified in AWL No. 47–AWL–10. inspection program to incorporate Boeing modified the requirement of Comments Boeing D626A001–9–04, dated April AWL No. 47–AWL–09 to allow the use The FAA gave the public the 2019; or Boeing D626A001–9–04, dated of repaired parts and added AWL No. opportunity to participate in developing November 2020. In addition, based 47–AWL–10 to describe the this final rule. The following presents upon requests from other commenters, requirements for the method of the comments received on the NPRM the FAA has extended the initial inspection/repair in Boeing D626A001– and the FAA’s response to each compliance time for replacement of the 9–04, dated November 2020. This AD comment. oxygen sensor due to a parts availability still requires operators to use Boeing Support for the NPRM issue. The FAA has revised the grace D626A001–9–04, dated April 2019, but period for the initial ALI task in provides an option for operators to The Air Line Pilots Association, paragraph (g)(13) of this AD from 12 incorporate Boeing D626A001–9–04, International (ALPA), United Airlines, months to 36 months. This extended dated November 2020, into their and an individual stated support for the grace period will still provide an maintenance program. In addition, the NPRM. acceptable level of safety. FAA has determined that an on-wing inspection is currently being developed Request To Delay Issuance of Final Request To Extend the Compliance by Boeing and that subject on-wing Rule Time inspection is expected to be All Nippon Airways (ANA) requested Air China, ANA, China Eastern implemented in a future revision of the that the FAA delay issuance of the final Airlines (CEA), Delta Air lines (DAL), Boeing D626A001–9–04 document. rule until Boeing releases the next Japan Airlines (JAL), Okay Airlines Under the provisions of paragraph (k) of revision of Boeing 737–600/700/700C/ (OKY), Southwest Airlines (SWA), and this AD, the FAA will consider requests 800/900/900ER Special Compliance Turkish Airlines (THY) requested that for approval of an alternative method of Items/Airworthiness Limitations, the initial compliance time for the compliance (AMOC) if sufficient data D626A001–9–04. The commenter replacement of the oxygen sensor as are submitted to substantiate that the explained that in the current revision of specified in paragraph (g)(13) of the change would provide an acceptable Boeing 737–600/700/700C/800/900/ proposed AD be extended because of a level of safety. 900ER Special Compliance Items/ parts availability issue. The commenters Airworthiness Limitations, D626A001– contacted Boeing and determined that Request To Clarify the Applicability of 9–04, dated April 2019 (Boeing there would be a shortage of parts, a Certain AWL Item D626A001–9–04, dated April 2019), for which would prevent them from CEA, DAL, JAL, OKY, Ryan Air, and Airworthiness Limitation (AWL) No. complying with the proposed THY requested clarification of the 47–AWL–09, ‘‘Nitrogen Generation requirement specified in paragraph applicability specified in AWL No. 47– System—Oxygen Sensor,’’ operators (g)(13) of the proposed AD within the AWL–09, which addresses replacement must replace the NGS oxygen sensor compliance time specified in the of the oxygen sensor in the NGS. The with a new oxygen sensor because proposed AD. commenters noted that in Boeing installation of an overhauled part is not The FAA agrees with the commenters’ D626A001–9–04, dated April 2019, the approved at this time. The commenter requests based on the information other AWLs specific to the NGS show stated that Boeing is working with the provided by the commenters. The FAA the airplane applicability in terms of the FAA to allow testing of the oxygen contacted Boeing and confirmed that airplanes that have the NGS installed, or sensor using the component there is a parts availability issue, which incorporation of the actions in Boeing maintenance manual, and on-wing could create an undue burden on Service Bulletin 737–47–1002 or Boeing testing using the aircraft maintenance operators because it could prevent them Service Bulletin 737–47–1003. The manual, and Boeing plans to revise from complying with the requirement commenters noted that all airplanes on AWL No. 47–AWL–09 to allow testing specified in paragraph (g)(13) of this the U.S. registry are required to have the and installation of an overhauled part. AD, subsequently grounding the NGS system installed, but the The commenter anticipated that the affected airplanes. The FAA has revised commenters expected the applicability next revision of Boeing 737–600/700/ the initial compliance time in paragraph of AWL No. 47–AWL–09 to be similar 700C/800/900/900ER Special (g)(13) of this AD from 12 months to 36 to the other AWLs included in Boeing Compliance Items/Airworthiness months. D626A001–9–04, dated April 2019. In Limitations, D626A001–9–04, would addition, OKY noted that the include the revised AWL No. 47–AWL– Request To Add an Off-Wing Inspection applicability in AWL No. 47–AWL–09 09. for AWL No. 47–AWL–09 was listed as all airplanes, but in Boeing The FAA acknowledges the SWA requested that the FAA consider Fleet Team Digest Document 737NG– commenter’s request. Since publication coordinating this AD with Boeing to FTD–47–19003, created on May 8, 2020, of the NPRM, Boeing has issued Boeing allow for an off-wing inspection of the the applicability is Model 737NG 737–600/700/700C/800/900/900ER oxygen sensor, and repair if necessary, airplanes delivered after June 2019 or Special Compliance Items/ as opposed to a mandated time-limited modified with a new, improved ASM Airworthiness Limitations, D626A001– replacement. SWA stated that this (air separation module) using the 9–04, dated November 2020 (Boeing would mitigate the parts availability procedures in Boeing Service Bulletin D626A001–9–04, dated November impact across the industry as well the 737–47–1015. 2020), which limits the applicability of cost of complying with AWL No. 47– DAL and the other commenters AWL No. 47–AWL–09 to certain Model AWL–09. explained that they contacted Boeing 737 airplanes and states that an oxygen The FAA agrees that an off-wing regarding this applicability issue. The sensor can be replaced with a new inspection would reduce the burden on commenters stated that Boeing oxygen sensor or an oxygen sensor operators. This AD allows operators to confirmed that the applicability

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specified in AWL No. 47–AWL–09 is action is not associated with the 2019, specifies these intervals in terms incorrect and Boeing advised that in the prevention of fuel tank ignition. of years. The commenter mentioned it next revision of Boeing D626A001–9– The FAA agrees with the commenters’ was unclear if an AMOC would be 04, dated April 2019, the applicability requests based on the reasons provided required if an operator incorporated the specified in AWL No. 47–AWL–09 will by the commenters. The FAA has compliance intervals in years, as be updated to include airplanes having revised the Background section in this specified in Boeing D626A001–9–04, L/Ns 1820, 1831, 2517, 2620, and final rule and paragraph (e) of this AD dated April 2019, instead of months, as subsequent, and all airplanes that have accordingly. specified in the proposed AD. The FAA disagrees that there is a incorporated the actions specified in Request To Account for Indirect Costs Boeing Service Bulletin 737–47–1003. difference in the calculated compliance Several of the commenters stated that ANA, CEA, DAL, OKY, SWA, and times described by the commenters. The paragraph (g)(13) of the proposed AD THY expressed concern regarding the FAA uses compliance times defined in should include additional text to clarify indirect financial burden associated months for required AD actions. the applicability of AWL No. 47–AWL– with accomplishing the actual on-wing Operators have the capability of 09. The commenters stated that by work resulting from the maintenance converting years to months when incorporating this information into the program or inspection program changes comparing the compliance times of final rule, the FAA would prevent the that would be required by the proposed required AD actions and the times need for operators to apply for an AD. DAL specifically noted that specified in a manufacturer’s document. AMOC in the future. accomplishment of the oxygen sensor The FAA has determined that operators The FAA acknowledges the replacement specified in AWL No. 47– should not be confused when these commenters’ requests. As mentioned AWL–09, would require replacement of conversions take place and an operator previously, Boeing has published approximately 130 oxygen sensors with does not need to request an AMOC. Boeing D626A001–9–04, dated new oxygen sensors, and based on price Regardless of how an operator records November 2020, and in this revision the quotes from the manufacturer of the the compliance time, within 36 months applicability specified in AWL No. 47– oxygen sensors, it would cost an or within 3 years after the effective date AWL–09 was updated and limited to additional $7,000,000 over the of this AD, the compliance times in this specify only airplanes having L/Ns estimated $7,560 per operator specified AD, Boeing D626A001–9–04, dated 1820, 1831, 2517, 2620, and subsequent, in the Costs of Compliance section of April 2019, and Boeing D626A001–9– and all airplanes that have incorporated the NPRM. DAL stated that once all 04, dated November 2020, end at the the actions specified in Boeing Service airplanes have reached the threshold for same time. The FAA has not changed Bulletin 737–47–1003. The FAA has replacing the oxygen sensor the this AD in regard to this issue. changed the AD to allow the use of recurring cost would be approximately Request To Include Additional Affected Boeing D626A001–9–04, dated $2,000,000 per year for this task. AD in Paragraph (b) of Proposed AD November 2020, which correctly The FAA disagrees with changing the identifies the applicability for AWL No. cost of compliance information for this DAL and CEA requested that AD 47–AWL–09. AD. The cost information provided in 2018–20–13, Amendment 39–19447 (83 this AD describes only the direct costs FR 52305, October 17, 2018) (AD 2018– Request To Clarify the Unsafe of the specific actions required by this 20–13), be included in the list of Condition AD. The FAA recognizes that, in doing affected ADs in paragraph (b) of the Boeing, DAL, and CEA requested the actions required by an AD, operators proposed AD. DAL and CEA noted that clarification of the unsafe condition might incur incidental costs in addition paragraphs (i)(1)(i) through (iii) of AD specified in the Discussion section of to the direct costs. The extended 2018–20–13 require incorporation of the NPRM and paragraph (e) of the compliance time previously mentioned AWL Nos. 28–AWL–21, 28–AWL–22, proposed AD. The commenters could alleviate some of these indirect and 28–AWL–24 that are included in remarked that the wording implied that costs, as they would be spread out over Boeing 737–600/700/700C/800/900/ increased flammability in the center fuel 36 months instead of occurring within 900ER Special Compliance Items/ tank leads to fuel tank explosion. The 12 months. Also, Boeing D626A001–9– Airworthiness Limitations, D626A001– commenters explained that increased 04, dated November 2020, was revised 9–04, dated June 2018, into an flammability alone does not lead to a to allow operators to use a repaired operator’s maintenance or inspection fuel tank explosion; there must also be oxygen sensor in AWL No. 47–AWL–09 program as applicable. DAL and CEA a concurrent ignition source in the and added AWL No. 47–AWL–10 to suggested that only the latter revision of center fuel tank. The commenters describe the requirements for the these AWLs that are included in Boeing suggested that it would be more method of inspection/repair. As D626A001–9–04, dated April 2019, accurate to state that the increased identified above in a previous comment, should be mandated. DAL and CEA flammability combined with an ignition operators now have the option to stated that the requirements of source could lead to a fuel tank incorporate Boeing D626A001–9–04, paragraphs (i)(1)(i) through (iii) of AD explosion. dated November 2020, into their 2018–20–13 should be terminated when In addition, the commenters maintenance and inspection program, the requirements of the proposed AD requested that the unsafe condition be thereby reducing the financial impact of become effective. revised to address the potential loss of these requirements. The AD has not The FAA agrees with the commenter’s engine fuel suction feed capability. The been changed in this regard. request; paragraph (b) of this AD has commenters pointed out that paragraph been revised to include AD 2018–20–13 (g)(14) of the proposed AD specified Request for Clarification of Compliance in paragraph (b)(6) of this AD, and the AWL No. 28–AWL–101, ‘‘Engine Fuel Time Interval Units subsequent paragraph has been Suction Feed Operational Test,’’ which DAL and CEA requested that the FAA redesignated as paragraph (b)(7) of this would be required to protect the explain why paragraph (g) of the AD. In addition, this AD has been airplane from engine flameout during proposed AD expressed compliance revised to include a new paragraph (j)(6) suction feed operations. The time intervals in terms of months when of this AD to terminate the requirements commenters observed that this proposed Boeing D626A001–9–04, dated April specified in paragraphs (i)(1)(i) through

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(iii) of AD 2018–20–13, and the • Do not add any additional burden the FAA estimated that this action takes subsequent paragraph has been upon the public than was already 1 work-hour per airplane. Since redesignated as paragraph (j)(7) of this proposed in the NPRM. operators incorporate maintenance or AD. The FAA also determined that these inspection program changes for their changes will not increase the economic affected fleet(s), the FAA determined Request To Change the Subject in burden on any operator or increase the that a per-operator estimate is more Paragraph (d) of the Proposed AD scope of this final rule. accurate than a per-airplane estimate. DAL and CEA requested that the Related Service Information Under 1 Therefore, the FAA estimates the Subject in paragraph (d) of the proposed CFR Part 51 average total cost per operator to be AD be changed from Air Transport $7,650 (90 work-hours × $85 per work- Association (ATA) of America Code 71, The FAA reviewed Boeing 737–600/ hour). 700/700C/800/900/900ER Special Powerplant, to ATA Code 28, Fuel. DAL Authority for This Rulemaking and CEA noted that the unsafe Compliance Items/Airworthiness condition specified in the proposed AD Limitations, D626A001–9–04, dated Title 49 of the United States Code is associated with ignition sources in April 2019; and Boeing 737–600/700/ specifies the FAA’s authority to issue the fuel tanks and flammability 700C/800/900/900ER Special rules on aviation safety. Subtitle I, exposure of the center fuel tank. The Compliance Items/Airworthiness section 106, describes the authority of fuel system is the subject of ATA Code Limitations, D626A001–9–04, dated the FAA Administrator. Subtitle VII: 28. Previously issued ADs identified in November 2020. This service Aviation Programs, describes in more paragraph (b) of the proposed AD, information describes AWLs that detail the scope of the Agency’s which are similar to the proposed AD, include airworthiness limitation authority. have specified ATA Code 28 as the instructions (ALIs) and critical design The FAA is issuing this rulemaking subject in paragraph (d). configuration control limitations under the authority described in (CDCCLs) tasks related to fuel tank Subtitle VII, Part A, Subpart III, Section The FAA agrees with the commenter’s ignition prevention and the NGS. This 44701: General requirements. Under request based on the reasons provided service information is reasonably that section, Congress charges the FAA by the commenter. Paragraph (d) of this available because the interested parties with promoting safe flight of civil AD has been changed to ATA Code 28, have access to it through their normal aircraft in air commerce by prescribing Fuel. course of business or by the means regulations for practices, methods, and Effects of Winglets on Accomplishment identified in the ADDRESSES section. procedures the Administrator finds of the Proposed Actions Differences Between This AD and the necessary for safety in air commerce. Service Information This regulation is within the scope of Aviation Partners Boeing stated that that authority because it addresses an the installation of blended or split The ‘‘Description’’ column of AWL unsafe condition that is likely to exist or scimitar winglets per Supplemental No. 28–AWL–20 identifies certain develop on products identified in this Type Certificated (STC) ST008300SE operational tests. However, the rulemaking action. does not affect compliance with the operational test for left center tank fuel proposed actions. boost pump relay R54 and right center Regulatory Findings The FAA agrees that STC tank fuel boost pump relay R55 is not This AD will not have federalism ST008300SE does not affect compliance required for airplanes on which the implications under Executive Order with the actions required by this AD. actions specified in paragraph (g)(2)(ii) 13132. This AD will not have a The FAA has not changed this AD in of AD 2011–20–07, Amendment 39– substantial direct effect on the States, on this regard. 16818 (76 FR 60710, September 30, the relationship between the national 2011), have been done, or airplanes that government and the States, or on the Reduction of Applicable Airplanes have installed STC ST02076LA. distribution of power and Since NPRM Was Issued Paragraph (g) of this AD requires responsibilities among the various The FAA has updated the operators to revise their existing levels of government. applicability, paragraph (c) of this AD, maintenance or inspection program by For the reasons discussed above, I to remove airplanes that were delivered incorporating, in part, AWL No. 28– certify that this AD: with Boeing 737–600/700/700C/800/ AWL–05, ‘‘Wire Separation (1) Is not a ‘‘significant regulatory 900/900ER Special Compliance Items/ Requirements for New Wiring Installed action’’ under Executive Order 12866, Airworthiness Limitations, D626A001– in Proximity to Wiring That Goes Into (2) Will not affect intrastate aviation 9–04, dated April 2019, thereby the Fuel Tanks’’ in Boeing D626A001– in Alaska, and reducing the scope of the affected 9–04, dated November 2020. Paragraph (3) Will not have a significant airplanes in this final rule. (h) of this AD allows certain changes to economic impact, positive or negative, be made to the requirements specified on a substantial number of small entities Conclusion in AWL No. 28–AWL–05 as an option. under the criteria of the Regulatory Flexibility Act. The FAA reviewed the relevant data, Costs of Compliance considered the comments received, and The FAA estimates that this AD List of Subjects in 14 CFR Part 39 determined that air safety and the affects 2,057 airplanes of U.S. registry. Air transportation, Aircraft, Aviation public interest require adopting this The FAA estimates the following costs safety, Incorporation by reference, final rule with the changes described to comply with this AD: Safety. previously and minor editorial changes. The FAA determined that revising the The FAA has determined that these existing maintenance or inspection Adoption of the Amendment minor changes: program takes an average of 90 work- Accordingly, under the authority • Are consistent with the intent that hours per operator, although the agency delegated to me by the Administrator, was proposed in the NPRM for recognizes that this number may vary the FAA amends 14 CFR part 39 as addressing the unsafe condition; and from operator to operator. In the past, follows:

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PART 39—AIRWORTHINESS address the potential loss of engine fuel the date of issuance of the original DIRECTIVES suction feed capability, which could result in airworthiness certificate or the original dual engine flameouts, inability to restart export certificate of airworthiness, within 12 ■ 1. The authority citation for part 39 engines, and consequent forced landing of months after accomplishment of the actions continues to read as follows: the airplane. specified in Boeing Service Bulletin 737– 28A1248, or within 12 months after the most Authority: 49 U.S.C. 106(g), 40113, 44701. (f) Compliance recent inspection was performed as specified Comply with this AD within the in AWL No. 28–AWL–23, whichever is latest. § 39.13 [Amended] compliance times specified, unless already This AWL does not apply to airplanes that ■ 2. The FAA amends § 39.13 by adding done. have complied with paragraph (s) of AD 2011–18–03. the following new airworthiness (g) Maintenance or Inspection Program directive: (6) For AWL No. 28–AWL–24, ‘‘Spar Valve Revision Motor Operated Valve (MOV) Actuator— 2021–11–24 The Boeing Company: Within 60 days after the effective date of Lightning and Fault Current Protection Amendment 39–21586; Docket No. this AD, revise the existing maintenance or Electrical Bond’’: Within 72 months after FAA–2020–0341; Project Identifier inspection program, as applicable, to accomplishment of the actions specified in 2020–NM–017–AD. incorporate the applicable information Boeing Service Bulletin 737–28A1207, or (a) Effective Date specified in Section A, including Subsections within 72 months after the most recent A.1., A.2., and A.3, of Boeing 737–600/700/ inspection was performed as specified in This airworthiness directive (AD) is 700C/800/900/900ER Special Compliance AWL No. 28–AWL–24, whichever is later. effective July 20, 2021. Items/Airworthiness Limitations, D626A001– (7) For AWL No. 28–AWL–29, ‘‘Full (b) Affected (Airworthiness Directives) ADs 9–04, dated April 2019; or November 2020; Cushion Clamps and Teflon Sleeving (If except as provided by paragraph (h) of this Installed) Installed on Out-of-Tank Wire This AD affects the ADs specified in AD. The initial compliance times for the Bundles Installed on Brackets that are paragraphs (b)(1) through (7) of this AD. airworthiness limitation instruction (ALI) Mounted Directly on the Fuel Tanks’’: For (1) AD 2008–06–03, Amendment 39–15415 tasks are within the applicable compliance airplanes having line numbers (L/N) 1 (73 FR 13081, March 12, 2008) (AD 2008–06– times specified in in paragraphs (g)(1) through 1754 inclusive, within 120 months 03). through (14) of this AD. after accomplishment of the actions specified (2) AD 2008–10–10 R1, Amendment 39– (1) For AWL No. 28–AWL–01, ‘‘External in Boeing Service Bulletin 737–57A1279. For 16164 (75 FR 1529, January 12, 2010) (AD Wires Over Center Fuel Tank’’: Within 120 airplanes having L/N 1755 and subsequent, 2008–10–10 R1). months after the date of issuance of the within 120 months after the date of issuance (3) AD 2008–17–15, Amendment 39–15653 original airworthiness certificate or the of the original airworthiness certificate or the (73 FR 50714, August 28, 2008) (AD 2008– original export certificate of airworthiness, or original export certificate of airworthiness, or 17–15). within 120 months after the most recent within 48 months after the effective date of (4) AD 2011–18–03, Amendment 39–16785 inspection was performed as specified in this AD, whichever is later. (76 FR 53317, August 26, 2011) (AD 2011– AWL No. 28–AWL–01, whichever is later. (8) For AWL No. 28–AWL–35, ‘‘Fuel 18–03). Quantity Indicating System (FQIS)—Center (5) AD 2013–15–17, Amendment 39–17533 (2) For AWL No. 28–AWL–03, ‘‘Fuel (78 FR 52838, August 27, 2013) (AD 2013– Quantity Indicating System (FQIS)—Out Fuel Tank In-Tank Component and Wire 15–17). Tank Wiring Lightning Shield to Ground Harness Protection Features-Separation from (6) AD 2018–20–13, Amendment 39–19447 Termination’’: Within 120 months after the Center Tank Internal Structure’’: For (83 FR 52305, October 17, 2018) (AD 2018– date of issuance of the original airworthiness airplanes that have incorporated Boeing 20–13). certificate or the original export certificate of Service Bulletin 737–28–1356, within 120 (7) AD 2018–20–24, Amendment 39–19458 airworthiness, or within 120 months after the months after accomplishment of the actions (83 FR 51815, October 15, 2018) (AD 2018– most recent inspection was performed as specified in Boeing Service Bulletin 737–28– 20–24). specified in AWL No. 28–AWL–03, 1356, or within 120 months after the most whichever is later. recent inspection was performed as specified (c) Applicability (3) For AWL No. 28–AWL–19, ‘‘Center in AWL No. 28–AWL–35, whichever is later. This AD applies to The Boeing Company Tank Fuel Boost Pump Automatic Shutoff (9) For AWL No. 28–AWL–37, ‘‘Fuel Model 737–600, –700, –700C, –800, –900, System’’: Within 12 months after the date of Quantity Indicating System (FQIS)—Built in and –900ER series airplanes, certificated in issuance of the original airworthiness Test Equipment (BITE) Test’’: For airplane any category, Line Numbers (L/Ns) 1 through certificate or the original export certificate of L/Ns 6987 and 7000 and subsequent, within 7596 inclusive, except L/Ns 7352, 7362, airworthiness, within 12 months after 750 flight hours since the date the most 7377, 7417, 7457, 7522, 7587, and 7592. accomplishment of the actions specified in recent BITE test was accomplished as Boeing Service Bulletin 737–28A1206, or specified in AWL No. 28–AWL–37, or within (d) Subject within 12 months after the most recent 750 flight hours after the effective date of this Air Transport Association (ATA) of inspection was performed as specified in AD, whichever is later. America Code 28, Fuel. AWL No. 28–AWL–19, whichever is latest. (10) For AWL No. 47–AWL–04, ‘‘Nitrogen This AWL does not apply to airplanes that Generation System—Thermal Switch’’: (e) Unsafe Condition have complied with paragraph (s) of AD Within 22,500 flight hours after the date of This AD was prompted by significant 2011–18–03. issuance of the original airworthiness changes made to the airworthiness (4) For AWL No. 28–AWL–20, ‘‘Over- certificate or the original export certificate of limitations (AWLs) related to fuel tank Current and Arcing Protection Electrical airworthiness, within 22,500 flight hours ignition prevention and the nitrogen Design Features Operation—Boost Pump after accomplishment of the actions specified generation system (NGS). The FAA is issuing Ground Fault Interrupter (GFI)’’: Within 12 in Boeing Service Bulletin 737–47–1003, or this AD to address the development of an months after the date of issuance of the within 22,500 flight hours after the most ignition source inside the fuel tanks and also original airworthiness certificate or the recent inspection was performed as specified to prevent increasing the flammability original export certificate of airworthiness, in AWL No. 47–AWL–04, whichever is latest. exposure of the center fuel tank, which could within 12 months after accomplishment of (11) For AWL No. 47–AWL–06, ‘‘Nitrogen lead to fuel tank explosion and consequent the actions specified in Boeing Service Generation System (NGS)—Cross Vent Check loss of the airplane. The FAA is also issuing Bulletin 737–28A1201, or within 12 months Valve’’: Within 13,000 flight hours after the this AD to prevent increasing the after the most recent inspection was date of issuance of the original airworthiness flammability exposure of the center fuel tank, performed as specified in AWL No. 28– certificate or the original export certificate of which together with an ignition source in the AWL–20, whichever is latest. airworthiness, within 13,000 flight hours fuel tank, could lead to a fuel tank explosion (5) For AWL No. 28–AWL–23, ‘‘Center after accomplishment of the actions specified and consequent loss of the airplane. In Tank Fuel Boost Pump Power Failed On in Boeing Service Bulletin 737–47–1003, or addition, the FAA is issuing this AD to Protection System’’: Within 12 months after within 13,000 flight hours after the most

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recent inspection was performed as specified inspection program has been revised as (i) Boeing 737–600/700/700C/800/900/ in AWL No. 47–AWL–06, whichever is latest. required by paragraph (g) of this AD, no 900ER Special Compliance Items/ (12) For AWL No. 47–AWL–07, ‘‘Nitrogen alternative actions (e.g., inspections), Airworthiness Limitations, D626A001–9–04, Generation System (NGS)—Nitrogen intervals, or CDCCLs may be used unless the dated April 2019. Enriched Air (NEA) Distribution Ducting actions, intervals, and CDCCLs are approved (ii) Boeing 737–600/700/700C/800/900/ Integrity’’: Within 6,500 flight hours after the as an alternative method of compliance 900ER Special Compliance Items/ date of issuance of the original airworthiness (AMOC) in accordance with the procedures Airworthiness Limitations, D626A001–9–04, certificate or the original export certificate of specified in paragraph (k) of this AD. dated November 2020. airworthiness, within 6,500 flight hours after (3) For service information identified in (j) Terminating Action for Certain AD accomplishment of the actions specified in this AD, contact Boeing Commercial Requirements Boeing Service Bulletin 737–47–1003, or Airplanes, Attention: Contractual & Data within 6,500 flight hours after the most Accomplishment of the revision required Services (C&DS), 2600 Westminster Blvd., recent inspection was performed as specified by paragraph (g) of this AD terminates the MC 110–SK57, Seal Beach, CA 90740–5600; in AWL No. 47–AWL–07, whichever is latest. requirements specified in paragraphs (j)(1) telephone 562–797–1717; internet https:// (13) For AWL No. 47–AWL–09, ‘‘Nitrogen through (7) of this AD for that airplane. www.myboeingfleet.com. Generation System—Oxygen Sensor’’: Within (1) The revision required by the (4) You may view this service information 18,000 flight hours after the date of issuance introductory text to paragraph (h) and at the FAA, Airworthiness Products Section, of the original airworthiness certificate or the paragraph (h)(1) of AD 2008–06–03. Operational Safety Branch, 2200 South 216th original export certificate of airworthiness, or (2) All requirements of AD 2008–10–10 R1. St., Des Moines, WA. For information on the within 18,000 flight hours after the most (3) The revision required by paragraph (g) availability of this material at the FAA, call recent replacement was performed as of AD 2008–17–15. 206–231–3195. specified in AWL No. 47–AWL–09, or within (4) The revision required by paragraph (k) (5) You may view this service information 36 months after the effective date of this AD, of AD 2011–18–03. that is incorporated by reference at the whichever is latest. (5) All requirements of AD 2013–15–17. National Archives and Records (14) For AWL No. 28–AWL–101, ‘‘Engine (6) The revisions required by paragraphs Administration (NARA). For information on Fuel Suction Feed Operational Test’’: Within (i)(1)(i) through (iii) of AD 2018–20–13. the availability of this material at NARA, 7,500 flight hours or 36 months, whichever (7) All requirements of AD 2018–20–24. email [email protected], or go to: https:// occurs first, after the date of issuance of the www.archives.gov/federal-register/cfr/ibr- original airworthiness certificate or the (k) Alternative Methods of Compliance locations.html. original export certificate of airworthiness; or (AMOCs) within 7,500 flight hours or 36 months, (1) The Manager, Seattle ACO Branch, Issued on May 21, 2021. whichever occurs first, after the most recent FAA, has the authority to approve AMOCs Lance T. Gant, inspection was performed as specified in for this AD, if requested using the procedures Director, Compliance & Airworthiness AWL No. 28–AWL–101; whichever is later. found in 14 CFR 39.19. In accordance with Division, Aircraft Certification Service. 14 CFR 39.19, send your request to your (h) Additional Acceptable Exceptions to the principal inspector or local Flight Standards [FR Doc. 2021–12436 Filed 6–14–21; 8:45 am] AWLs District Office, as appropriate. If sending BILLING CODE 4910–13–P As an option, when accomplishing the information directly to the manager of the actions required by paragraph (g) of this AD, certification office, send it to the attention of the changes specified in paragraphs (h)(1) the person identified in paragraph (l) of this DEPARTMENT OF TRANSPORTATION through (3) of this AD are acceptable. AD. Information may be emailed to: 9-ANM- (1) Where AWL No. 28–AWL–05 identifies [email protected]. Federal Aviation Administration wire types BMS 13–48, BMS 13–58, and BMS (2) Before using any approved AMOC, 13–60, the following wire types are notify your appropriate principal inspector, 14 CFR Part 39 acceptable: MIL–W–22759/16, SAE or lacking a principal inspector, the manager AS22759/16 (M22759/16), MIL–W–22759/32, of the local flight standards district office/ [Docket No. FAA–2021–0314; Project SAE AS22759/32 (M22759/32), MIL–W– certificate holding district office. Identifier MCAI–2020–00599–R; Amendment 22759/34, SAE AS22759/34 (M22759/34), (3) An AMOC that provides an acceptable 39–21592; AD 2021–12–05] MIL–W–22759/41, SAE AS22759/41 level of safety may be used for any repair, (M22759/41), MIL–W–22759/86, SAE modification, or alteration required by this RIN 2120–AA64 AS22759/86 (M22759/86), MIL–W–22759/87, AD if it is approved by The Boeing Company SAE AS22759/87 (M22759/87), MIL–W– Organization Designation Authorization Airworthiness Directives; Airbus 22759/92, and SAE AS22759/92 (M22759/ (ODA) that has been authorized by the Helicopters 92); and MIL–C–27500 and NEMA WC 27500 Manager, Seattle ACO Branch, FAA, to make AGENCY: Federal Aviation cables constructed from these military or those findings. To be approved, the repair SAE specification wire types, as applicable. method, modification deviation, or alteration Administration (FAA), DOT. (2) Where AWL No. 28–AWL–05 identifies deviation must meet the certification basis of ACTION: Final rule. TFE–2X Standard wall for wire sleeving, the the airplane, and the approval must following sleeving materials are acceptable: specifically refer to this AD. SUMMARY: The FAA is adopting a new Roundit 2000NX and Varglas Type HO, HP, airworthiness directive (AD) for certain or HM. (l) Related Information Airbus Helicopters Model EC155B1 (3) Where AWL No. 28–AWL–20 specifies For more information about this AD, helicopters. This AD was prompted by the operational test for left center tank fuel contact Christopher Baker, Aerospace a report of difficulties when jettisoning boost pump relay R54 and right center tank Engineer, Propulsion Section, FAA, Seattle the co-pilot door during non-scheduled fuel boost pump relay R55, for airplanes that ACO Branch, 2200 South 216th St., Des have complied with paragraph (g)(2)(ii) of AD Moines, WA 98198; phone and fax: 206–231– maintenance. This AD requires a 2011–20–07, Amendment 39–16818 (76 FR 3552; email: [email protected]. functional check of the pilot and co- 60710, September 30, 2011), or that have pilot door jettisoning system and installed Supplemental Type Certificate (m) Material Incorporated by Reference corrective actions if necessary, as (STC) ST02076LA, that action does not (1) The Director of the Federal Register specified in a European Aviation Safety apply. approved the incorporation by reference Agency (EASA) AD, which is (IBR) of the service information listed in this incorporated by reference. The FAA is (i) No Alternative Actions, Intervals, or paragraph under 5 U.S.C. 552(a) and 1 CFR Critical Design Configuration Control part 51. issuing this AD to address the unsafe Limitations (CDCCLs) (2) You must use this service information condition on these products. Except as provided in paragraph (h) of this as applicable to do the actions required by DATES: This AD is effective July 20, AD, after the existing maintenance or this AD, unless the AD specifies otherwise. 2021.

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The Director of the Federal Register telephone and fax 206–231–3218; email the MCAI for additional background approved the incorporation by reference [email protected]. information. of a certain publication listed in this AD SUPPLEMENTARY INFORMATION: Discussion of Final Airworthiness as of July 20, 2021. Background Directive ADDRESSES: For material incorporated by reference (IBR) in this AD, contact The EASA (now European Union Comments the EASA, Konrad-Adenauer-Ufer 3, Aviation Safety Agency), which is the The FAA gave the public the 50668 Cologne, Germany; telephone +49 Technical Agent for the Member States opportunity to participate in developing 221 8999 000; email ADs@ of the European Union, has issued this final rule. The FAA received no easa.europa.eu; internet EASA AD 2015–0157, dated July 30, comments on the NPRM or on the www.easa.europa.eu. You may find this 2015 (EASA AD 2015–0157) (also determination of the cost to the public. material on the EASA website at https:// referred to as the Mandatory Continuing ad.easa.europa.eu. You may view this Airworthiness Information, or the Conclusion material at the FAA, Office of the MCAI), to correct an unsafe condition Regional Counsel, Southwest Region, for Airbus Helicopters Model EC 155 B1 The FAA reviewed the relevant data 10101 Hillwood Pkwy., Room 6N–321, helicopters, all serial numbers delivered and determined that air safety and the Fort Worth, TX 76177. For information after manufacturing before June 30, public interest require adopting this on the availability of this material at the 2015, and equipped with a pilot or co- final rule as proposed, except for minor FAA, call 817–222–5110. It is also pilot door jettisoning system in editorial changes. The FAA has available in the AD docket on the accordance with Airbus Helicopters determined that these minor changes: • internet at https://www.regulations.gov Modification POST MOD 0752C05, Are consistent with the intent that by searching for and locating Docket No. except helicopters on which Aircraft was proposed in the NPRM for FAA–2021–0314. Maintenance Manual (AMM) Task 52– addressing the unsafe condition; and • Do not add any additional burden Examining the AD Docket 11–00–712 was accomplished on both pilot and co-pilot doors since the last upon the public than was already You may examine the AD docket on crew door installation. proposed in the NPRM. the internet at https:// The FAA issued a notice of proposed www.regulations.gov by searching for Related Service Information Under 1 rulemaking (NPRM) to amend 14 CFR CFR Part 51 and locating Docket No. FAA–2021– part 39 by adding an AD that would 0314; or in person at Docket Operations apply to certain Airbus Helicopters EASA AD 2015–0157 specifies between 9 a.m. and 5 p.m., Monday Model EC155B1 helicopters. The NPRM procedures for doing a functional check through Friday, except Federal holidays. published in the Federal Register on of the pilot and co-pilot door jettisoning The AD docket contains this final rule, April 22, 2021 (86 FR 21240). The system and corrective actions. The any comments received, and other NPRM was prompted by a report of corrective actions include greasing the information. The address for Docket difficulties when jettisoning the co-pilot tenons and restoring the jettison system. Operations is U.S. Department of door during non-scheduled This material is reasonably available Transportation, Docket Operations, M– maintenance. The NPRM proposed to because the interested parties have 30, West Building Ground Floor, Room require a functional check of the pilot access to it through their normal course W12–140, 1200 New Jersey Avenue SE, and co-pilot door jettisoning system and of business or by the means identified Washington, DC 20590. corrective actions if necessary, as in the ADDRESSES section. FOR FURTHER INFORMATION CONTACT: specified in an EASA AD. Costs of Compliance Kathleen Arrigotti, Program Manager, The FAA is issuing this AD to address Large Aircraft Section, International jamming of the affected door jettisoning The FAA estimates that this AD Validation Branch, Compliance & mechanism, which could reduce the affects 14 helicopters of U.S. registry. Airworthiness Division, FAA, 2200 ability of the flightcrew to evacuate in The FAA estimates the following costs South 216th St., Des Moines, WA 98198; the event of an emergency situation. See to comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

8 work-hours × $85 per hour = $680 ...... $0 $680 $9,520

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

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Cost per Labor cost Parts cost product

1 work-hour × $85 per hour = $85 ...... $0 $85

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Authority for This Rulemaking 2021–12–05 Airbus Helicopters: (i) Alternative Methods of Compliance Amendment 39–21592; Docket No. (AMOCs) Title 49 of the United States Code FAA–2021–0314; Project Identifier (1) The Manager, International Validation specifies the FAA’s authority to issue MCAI–2020–00599–R. rules on aviation safety. Subtitle I, Branch, FAA, has the authority to approve section 106, describes the authority of (a) Effective Date AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In the FAA Administrator. Subtitle VII: This airworthiness directive (AD) is effective July 20, 2021. accordance with 14 CFR 39.19, send your Aviation Programs, describes in more request to your principal inspector or local detail the scope of the Agency’s (b) Affected ADs Flight Standards District Office, as authority. None. appropriate. If sending information directly The FAA is issuing this rulemaking to the manager of the International Validation under the authority described in (c) Applicability Branch, send it to the attention of the person Subtitle VII, Part A, Subpart III, Section This AD applies to Airbus Helicopters identified in paragraph (j) of this AD. 44701: General requirements. Under Model EC155B1 helicopters, certificated in Information may be emailed to: 9-AVS-AIR- that section, Congress charges the FAA any category, all serial numbers [email protected]. manufactured before June 30, 2015, and with promoting safe flight of civil (2) Before using any approved AMOC, equipped with a pilot or co-pilot door notify your appropriate principal inspector, aircraft in air commerce by prescribing jettisoning system in accordance with Airbus regulations for practices, methods, and or lacking a principal inspector, the manager Helicopters modification POST MOD of the local flight standards district office/ procedures the Administrator finds 0752C05, except helicopters on which certificate holding district office. necessary for safety in air commerce. Aircraft Maintenance Manual (AMM) task This regulation is within the scope of 52–11–00–712 was accomplished on both (j) Related Information that authority because it addresses an pilot and co-pilot doors since the last crew For more information about this AD, door installation. unsafe condition that is likely to exist or contact Kathleen Arrigotti, Program Manager, develop on products identified in this (d) Subject Large Aircraft Section, International rulemaking action. Joint Aircraft System Component (JASC) Validation Branch, Compliance & Code 5210, Passenger/Crew Doors. Airworthiness Division, FAA, 2200 South Regulatory Findings 216th St., Des Moines, WA 98198; telephone This AD will not have federalism (e) Reason and fax 206–231–3218; email implications under Executive Order This AD was prompted by a report of [email protected]. 13132. This AD will not have a difficulties when jettisoning the co-pilot door during non-scheduled maintenance. The (k) Material Incorporated by Reference substantial direct effect on the States, on FAA is issuing this AD to address jamming (1) The Director of the Federal Register the relationship between the national of the affected door jettisoning mechanism, approved the incorporation by reference government and the States, or on the which could reduce the ability of the (IBR) of the service information listed in this distribution of power and flightcrew to evacuate in the event of an paragraph under 5 U.S.C. 552(a) and 1 CFR responsibilities among the various emergency situation. part 51. levels of government. (f) Compliance (2) You must use this service information For the reasons discussed above, I as applicable to do the actions required by Comply with this AD within the certify that this AD: this AD, unless this AD specifies otherwise. compliance times specified, unless already (i) European Aviation Safety Agency (1) Is not a ‘‘significant regulatory done. action’’ under Executive Order 12866, (EASA) AD 2015–0157, dated July 30, 2015. (2) Will not affect intrastate aviation (g) Requirements (ii) [Reserved] in Alaska, and Except as specified in paragraph (h) of this (3) For EASA AD 2015–0157, contact the (3) Will not have a significant AD: Comply with all required actions and EASA, Konrad-Adenauer-Ufer 3, 50668 economic impact, positive or negative, compliance times specified in, and in Cologne, Germany; telephone +49 221 8999 accordance with European Aviation Safety 000; email [email protected]; Internet on a substantial number of small entities www.easa.europa.eu. You may find this under the criteria of the Regulatory Agency (now European Union Aviation Safety Agency) (EASA) AD 2015–0157, dated EASA AD on the EASA website at https:// Flexibility Act. July 30, 2015 (EASA AD 2015–0157). ad.easa.europa.eu. List of Subjects in 14 CFR Part 39 (4) You may view this service information (h) Exceptions to EASA AD 2015–0157 at the FAA, Office of the Regional Counsel, Air transportation, Aircraft, Aviation (1) Where EASA AD 2015–0157 refers to its Southwest Region, 10101 Hillwood Pkwy., safety, Incorporation by reference, effective date, this AD requires using the Room 6N–321, Fort Worth, TX 76177. For Safety. effective date of this AD. information on the availability of this (2) The ‘‘Remarks’’ section of EASA AD material at the FAA, call 817–222–5110. This The Amendment 2015–0157 does not apply to this AD. material may be found in the AD docket on Accordingly, under the authority (3) Where EASA AD 2015–0157 refers to the internet at https://www.regulations.gov flight hours (FH), this AD requires using delegated to me by the Administrator, by searching for and locating Docket No. hours time-in-service. FAA–2021–0314. the FAA amends 14 CFR part 39 as (4) Where paragraph (2) of EASA AD 2015– follows: (5) You may view this material that is 0157 provides an option to contact Airbus incorporated by reference at the National Helicopters for approved instructions and Archives and Records Administration PART 39—AIRWORTHINESS accomplish those instructions, for this AD, (NARA). For information on the availability DIRECTIVES the option is to repair the jettison system in of this material at NARA, email fedreg.legal@ accordance with FAA-approved procedures. nara.gov, or go to https://www.archives.gov/ ■ 1. The authority citation for part 39 (5) Where the service information federal-register/cfr/ibr-locations.html. continues to read as follows: referenced in EASA AD 2015–0157 specifies to ‘‘speak to Airbus Helicopters,’’ this AD Issued on May 27, 2021. Authority: 49 U.S.C. 106(g), 40113, 44701. requires repairing the jettison system in Lance T. Gant, accordance with FAA-approved procedures. § 39.13 [Amended] Director, Compliance & Airworthiness (6) Where the service information Division, Aircraft Certification Service. ■ 2. The FAA amends § 39.13 by adding referenced in EASA AD 2015–0157 specifies the following new airworthiness to discard certain parts, this AD requires [FR Doc. 2021–12482 Filed 6–14–21; 8:45 am] directive: removing the parts from service instead. BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION final rule, the European Aviation Safety Helicopters Model AS 365 N2, AS 365 Agency (now European Union Aviation N3, SA 365 N, and SA 365 N1 Federal Aviation Administration Safety Agency) (EASA) AD, any helicopters. EASA advises that after an comments received, and other accident on a Model EC225 helicopter, 14 CFR Part 39 information. The street address for an investigation revealed the failure of [Docket No. FAA–2017–1036; Product Docket Operations is U.S. Department of a second stage planet gear of the MGB. Identifier 2018–SW–015–AD; Amendment Transportation, Docket Operations, M– EASA states that one of the two types 39–21593; AD 2021–12–06] 30, West Building Ground Floor, Room of planet gear assemblies used in the W12–140, 1200 New Jersey Avenue SE, MGB epicyclic module is subject to RIN 2120–AA64 Washington, DC 20590. higher outer race contact pressures and Airworthiness Directives; Airbus FOR FURTHER INFORMATION CONTACT: Rao therefore is more susceptible to spalling Helicopters Edupuganti, Aviation Safety Engineer, and cracking. Airbus Helicopters Dynamic Systems Section, Technical reviewed its range of helicopters with AGENCY: Federal Aviation Innovation Policy Branch, FAA, 10101 regard to this issue and provided Administration (FAA), DOT. Hillwood Pkwy., Fort Worth, TX 76177; instructions to improve the reliability of ACTION: Final rule. telephone 817–222–5110; email the installed MGB. [email protected]. Accordingly, EASA AD 2017– SUMMARY: The FAA is adopting a new SUPPLEMENTARY INFORMATION: The FAA 01162R2 requires repetitive inspections airworthiness directive (AD) for Airbus issued a notice of proposed rulemaking of the MGB magnetic plugs and Helicopters Model AS–365N2, AS 365 (NPRM) to amend 14 CFR part 39 by corrective action if any particles are N3, SA–365N, and SA–365N1 adding an AD that would apply to detected. EASA AD 2017–01162R2 also helicopters. This AD requires replacing Airbus Helicopters Model AS–365N2, requires, if certain MGB planet gear the main gearbox (MGB), or as an AS 365 N3, SA–365N, and SA–365N1 assemblies are installed, replacing the alternative, replacing the epicyclic helicopters, with at least one Type X or planet gear assemblies. Finally, EASA reduction gear module for certain serial Y planet gear assembly with a serial AD 2017–01162R2 prohibits installing numbered planet gear assemblies number (S/N) listed in Appendices 4.A. an MGB with a Type X or Type Y planet installed on the MGB. This AD also through 4.B of Airbus Helicopters Alert gear assembly on any helicopter. requires inspecting the MGB magnetic Service Bulletin ASB No. AS365– After the NPRM was issued, the FAA plugs and oil filter for particles. 05.00.78, Revision 3, dated March 2, discovered that the proposed Depending on the outcome of the 2018 (ASB AS365–05.00.78), installed applicability was limited to helicopters inspections, this AD requires further on the MGB. The NPRM published in with at least one affected assembly inspections and replacing certain parts. the Federal Register on August 7, 2020 installed on the MGB, whereas all This AD was prompted by failure of an (85 FR 47925). In the NPRM, the FAA Airbus Helicopters Model AS–365N2, MGB second stage planet gear. The FAA proposed to require replacing the MGB AS 365 N3, SA–365N, and SA–365N1 is issuing this AD to correct an unsafe before further flight for helicopters with helicopters, regardless of the assembly, condition on these products. a Type X planet gear assembly with a are subject to the unsafe condition and DATES: This AD is effective July 20, certain S/N installed. The NPRM also require repetitive inspections of the 2021. proposed to require, for helicopters with MGB magnetic plugs for particles. The The Director of the Federal Register no Type X planet gear assembly FAA also determined that any special approved the incorporation by reference installed but at least one Type Y planet flight permits would be limited to of certain documents listed in this AD gear assembly with a certain S/N flights with no passengers on board. as of July 20, 2021. installed, replacing the MGB within 300 Therefore, the FAA issued a ADDRESSES: For service information hours time-in-service (TIS) or before any supplemental notice of proposed identified in this final rule, contact planet gear assembly accumulates 1,300 rulemaking (SNPRM) to amend 14 CFR Airbus Helicopters, 2701 N Forum hours TIS since new, whichever occurs part 39 by adding an AD that would Drive, Grand Prairie, TX 75052; first. As an alternative to replacing the apply to all Airbus Helicopters Model telephone 972–641–0000 or 800–232– MGB, the NPRM proposed to allow AS–365N2, AS 365 N3, SA–365N, and 0323; fax 972–641–3775; or at https:// replacing the epicyclic reduction gear SA–365N1 helicopters. The SNPRM www.airbus.com/helicopters/services/ module in the affected MGB. published in the Federal Register on technical-support.html. You may view The NPRM also proposed to prohibit March 22, 2021 (86 FR 15143). The the referenced service information at the installing an MGB with Type Y or Type SNPRM maintained the proposed FAA, Office of the Regional Counsel, X planet gear assembly installed on any corrective actions from the NPRM as Southwest Region, 10101 Hillwood helicopter. Finally, the NPRM proposed follows, but no longer limited the Pkwy., Room 6N–321, Fort Worth, TX to require, within 10 hours TIS and applicability to only certain helicopters: 76177. Service information that is thereafter before the first flight of the • Before further flight, for helicopters incorporated by reference is also day or at intervals not to exceed 10 with a Type X planet gear assembly available at https://www.regulations.gov hours TIS, whichever occurs first, with a certain S/N installed, replacing by searching for and locating Docket No. inspecting the lower MGB magnetic the MGB. FAA–2017–1036. plugs for particles. If there are particles, • For helicopters with no Type X the NPRM proposed to require replacing planet gear assembly installed but at Examining the AD Docket the MGB depending on the type and the least one Type Y planet gear assembly You may examine the AD docket at size of particles. The NPRM was with a certain S/N installed, replacing https://www.regulations.gov by prompted by EASA AD 2017–0116, the MGB within 300 hours TIS or before searching for and locating Docket No. Revision 2, dated March 2, 2018, (EASA any planet gear assembly accumulates FAA–2017–1036; or in person at Docket AD 2017–01162R2), issued by EASA, 1,300 hours TIS since new, whichever Operations between 9 a.m. and 5 p.m., which is the Technical Agent for the occurs first. Monday through Friday, except Federal Member States of the European Union, • As an alternative to replacing the holidays. The AD docket contains this to correct an unsafe condition for Airbus MGB, the SNPRM proposed to allow

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replacing the epicyclic reduction gear Differences Between This AD and the responsibilities among the various module in the affected MGB. EASA AD levels of government. The SNPRM also proposed to: For the reasons discussed above, I • The EASA AD requires a 50-hour or Prohibit installing an MGB with 300-hour TIS compliance time or by certify that this AD: Type Y or Type X planet gear assembly June 30, 2019, whichever occurs first, to (1) Is not a ‘‘significant regulatory installed on any helicopter. action’’ under Executive Order 12866, • determine the type of planet gear Require, within 10 hours TIS and installed in the MGB, and depending on (2) Will not affect intrastate aviation thereafter before the first flight of the the outcome, to replace the MGB; the in Alaska, and day or at intervals not to exceed 10 compliance time for this AD is based (3) Will not have a significant hours TIS, whichever occurs first, only on hours TIS or before further economic impact, positive or negative, inspecting the lower MGB magnetic flight. The EASA AD allows a pilot to on a substantial number of small entities plugs for particles and, if there are inspect the MGB magnetic plugs for under the criteria of the Regulatory particles, replacing the MGB, depending particles; this AD does not. Flexibility Act. on the type and the size of those particles. Costs of Compliance List of Subjects in 14 CFR Part 39 Discussion of Final Airworthiness The FAA estimates that this AD Air transportation, Aircraft, Aviation Directive affects 34 helicopters of U.S. Registry safety, Incorporation by reference, and that operators may incur the Safety. Comments following costs in order to comply with The Amendment The FAA received no comments on this AD. Labor costs are estimated at $85 the SNPRM or on the determination of per work-hour. Accordingly, under the authority the costs. Inspecting the magnetic plugs and oil delegated to me by the Administrator, filter for particle deposits will take the FAA amends 14 CFR part 39 as Conclusion about 1 work-hour for an estimated cost follows: The helicopters been approved by of $85 per helicopter per inspection EASA and are approved for operation in cycle. PART 39—AIRWORTHINESS the United States. Pursuant to the FAA’s Replacing an MGB will take about 42 DIRECTIVES bilateral agreement with the European work-hours for cost of $3,570 and parts ■ Union, EASA has notified the FAA will cost about $295,000 (overhauled) 1. The authority citation for part 39 about the unsafe condition described in for a total cost of $298,570 per continues to read as follows: helicopter. Authority: 49 U.S.C. 106(g), 40113, 44701. its AD. The FAA reviewed the relevant Replacing the epicyclic reduction gear data and determined that air safety will take about 56 work-hours for an § 39.13 [Amended] requires adopting this AD as proposed. estimated cost of $4,760 and parts will ■ 2. The FAA amends § 39.13 by adding Accordingly, the FAA is issuing this AD cost about $11,404 for a total cost of the following new airworthiness to address the unsafe condition on these $16,164 per helicopter. helicopters. directive: Authority for This Rulemaking Related Service Information Under 1 2021–12–06 Airbus Helicopters: CFR Part 51 Title 49 of the United States Code Amendment 39–21593; Docket No. specifies the FAA’s authority to issue FAA–2017–1036; Product Identifier Airbus Helicopters has issued ASB rules on aviation safety. Subtitle I, 2018–SW–015–AD. AS365–05.00.78 for Model SA–365N, section 106, describes the authority of (a) Applicability SA–365N1, AS–365N2, and AS 365 N3 the FAA Administrator. Subtitle VII: This airworthiness directive (AD) applies helicopters. This service information Aviation Programs, describes in more specifies performing periodic to Airbus Helicopters Model AS–365N2, AS detail the scope of the Agency’s 365 N3, SA–365N, and SA–365N1 inspections of the MGB magnetic plugs authority. helicopters, certificated in any category. for particles. This service information The FAA is issuing this rulemaking also specifies identifying the type of under the authority described in (b) Unsafe Condition gear assembly installed in the MGB and Subtitle VII, Part A, Subpart III, Section This AD defines the unsafe condition as replacing any Type X assembly within 44701: General requirements. Under failure of a main gearbox (MGB) planet gear assembly. This condition could result in 50 hours TIS. For Type Y gear that section, Congress charges the FAA assemblies, the service information failure of the MGB and subsequent loss of with promoting safe flight of civil helicopter control. requires replacing the assembly within aircraft in air commerce by prescribing 50 hours TIS or within 300 hours TIS, regulations for practices, methods, and (c) Affected ADs depending on the time since new. The procedures the Administrator finds None. service information specifies Type Z necessary for safety in air commerce. (d) Effective Date gear assemblies should be left as is. This regulation is within the scope of This AD is effective July 20, 2021. Airbus Helicopters has also issued that authority because it addresses an Service Bulletin SB No. AS365– unsafe condition that is likely to exist or (e) Compliance 63.00.21, Revision 3, dated July 26, develop on helicopters identified in this You are responsible for performing each 2018, for Model AS365 helicopters. This rulemaking action. action required by this AD within the service information contains procedures specified compliance time unless it has for replacing the MGB epicyclic Regulatory Findings already been accomplished prior to that time. reduction gear as an option to replacing This AD will not have federalism (f) Required Actions the MGB. implications under Executive Order This service information is reasonably 13132. This AD will not have a (1) For helicopters with at least one Type X planet gear assembly with a serial number available because the interested parties substantial direct effect on the States, on (S/N) listed in Appendix 4.A. of Airbus have access to it through their normal the relationship between the national Helicopters Alert Service Bulletin ASB No. course of business or by the means government and the States, or on the AS365–05.00.78, Revision 3, dated March 2, identified in the ADDRESSES section. distribution of power and 2018 (ASB AS365–05.00.78) installed on the

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main gearbox (MGB), before further flight, 5 hours TIS, and perform the actions required European Union Aviation Safety Agency) replace the MGB or as an alternative to by paragraphs (f)(4)(ii)(A) through (B) of this (EASA) AD 2017–0116R2, dated March 2, replacing an affected MGB, replace the AD. 2018.You may view the EASA AD at https:// epicyclic reduction gear module Post (2) If largest particle size (S) is greater than www.regulations.gov in Docket No. FAA– Modification (MOD) 0763C52 in the affected 1 mm2, the L is greater than 1.5 mm, or the 2017–1036. MGB in accordance with paragraph 3.B.2 of e is greater than 0.2 mm, perform a the Accomplishment Instructions of Airbus metallurgical analysis for any 16NCD13 (j) Subject Helicopters Service Bulletin SB No. AS365– particles using a method in accordance with Joint Aircraft Service Component (JASC) 63.00.21, Revision 3, dated July 26, 2018 (SB FAA-approved procedures. Code: 6300, Main Rotor Drive System. AS365–63.00.21), except you are not required (3) If there are any 16NCD13 particles, (k) Material Incorporated by Reference to contact Airbus Helicopters. replace the MGB with an airworthy MGB. (2) For helicopters without any Type X (4) If there are no 16NCD13 particles, (1) The Director of the Federal Register planet gear assembly installed but with at inspect the MGB plugs for particles before approved the incorporation by reference of least one Type Y planet gear assembly with further flight and inspect the oil filter for the service information listed in this an S/N listed in Appendix 4.B. of ASB particles within 5 hours TIS. Thereafter, for paragraph under 5 U.S.C. 552(a) and 1 CFR AS365–05.00.78 installed on the MGB, 25 hours TIS, continue to inspect the MGB part 51. within 300 hours time-in-service (TIS), or plugs for particles before each flight, inspect (2) You must use this service information before any gear accumulates 1,300 hours TIS the oil filter for particles at intervals not to as applicable to do the actions required by since new, whichever occurs first, replace the exceed 5 hours TIS, and perform the actions this AD, unless the AD specifies otherwise. MGB or as an alternative to replacing the required by paragraphs (f)(4)(ii)(A) through (i) Airbus Helicopters Alert Service MGB, replace the epicyclic reduction gear (B) of this AD. Bulletin ASB No. AS365–05.00.78, Revision module MOD 0763C52 in the affected MGB (B) If the total surface area of collected 3, dated March 2, 2018. in accordance with paragraphs 3.B.2. of the particles is greater than or equal to 3 mm2, (ii) Airbus Helicopters Service Bulletin SB Accomplishment Instructions of SB AS365– before further flight, perform a metallurgical No. AS365–63.00.21, Revision 3, dated July 63.00.21, except you are not required to analysis for any 6NCD13 particles using a 26, 2018. contact Airbus Helicopters. method in accordance with FAA-approved (3) For Airbus Helicopters service (3) As of the effective date of this AD, do procedures. information identified in this AD, contact not install an MGB with a Type X or Type (1) If there are any 16NCD13 particles, Airbus Helicopters, 2701 N Forum Drive, Y gear assembly with an S/N listed in before further flight, replace the MGB with an Grand Prairie, TX 75052; telephone 972–641– Appendix 4.A. or 4.B. of ASB AS365– airworthy MGB. 0000 or 800–232–0323; fax 972–641–3775; or 05.00.78 installed on the MGB, on any (2) If there are no 16NCD13 particles, at https://www.airbus.com/helicopters/ helicopter. inspect the MGB plugs for particles before services/technical-support.html. (4) For all helicopters, within 10 hours TIS further flight and inspect the oil filter for (4) You may view this service information and thereafter before the first flight of the day particles within 5 hours TIS. Thereafter, for at the FAA, Office of the Regional Counsel, or at intervals not to exceed 10 hours TIS, 25 hours TIS, continue to inspect the MGB Southwest Region, 10101 Hillwood Pkwy., whichever occurs first, inspect the lower plugs for particles before each flight, inspect Room 6N–321, Fort Worth, TX 76177. For MGB magnetic plugs for particles. the oil filter for particles at intervals not to information on the availability of this (i) If there are particles that consist of any exceed 5 hours TIS, and perform the actions material at the FAA, call (817) 222–5110. scale, flake, or splinter, or particles other required by paragraphs (f)(4)(ii)(A) through (5) You may view this service information than cotter pin fragments, pieces of lock wire, (B) of this AD. that is incorporated by reference at the swarf, abrasion, or miscellaneous non- (g) Special Flight Permits National Archives and Records metallic waste and the planet gear assembly Administration (NARA). For information on has logged less than 50 hours TIS since new, Special flight permits may be permitted the availability of this material at NARA, provided that there are no passengers on inspect the MGB plugs for particles before email: [email protected], or go to: board. further flight and inspect the oil filter for https://www.archives.gov/federal-register/cfr/ particles within 5 hours TIS. Thereafter, for (h) Alternative Methods of Compliance ibr-locations.html. 25 hours TIS, continue to inspect the MGB (AMOCs) Issued on May 27, 2021. plugs for particles before each flight, inspect (1) The Manager, International Validation Ross Landes, the oil filter for particles at intervals not to Branch, FAA, has the authority to approve Deputy Director for Regulatory Operations, exceed 5 hours TIS, and perform the actions AMOCs for this AD, if requested using the Compliance & Airworthiness Division, required by paragraphs (f)(4)(ii)(A) through procedures found in 14 CFR 39.19. In Aircraft Certification Service. (B) of this AD. accordance with 14 CFR 39.19, send your (ii) If there are particles that consist of any request to your principal inspector or local [FR Doc. 2021–12461 Filed 6–14–21; 8:45 am] scale, flake, or splinter, or particles other Flight Standards District Office, as BILLING CODE 4910–13–P than cotter pin fragments, pieces of lock wire, appropriate. If sending information directly swarf, abrasion, or miscellaneous non- to the manager of the International Validation metallic waste and the planet gear assembly Branch, send it to the attention of the person has logged more than 50 hours TIS since identified in paragraph (i)(1) of this AD. DEPARTMENT OF STATE new, inspect the cumulative surface area of Information may be emailed to: 9-AVS-AIR- the particles collected from both the [email protected]. 22 CFR Part 22 magnetic plug and the oil filter, since last (2) Before using any approved AMOC, [Public Notice: 11195] MGB overhaul or since new if no overhaul notify your appropriate principal inspector, has been performed. or lacking a principal inspector, the manager RIN 1400–AF15 (A) If the total surface area of the particles of the local flight standards district office/ is less than 3 mm2, examine the particles certificate holding district office. Schedule of Fees for Consular with largest surface area (S), longest particle Services—Fee Change for Certain length (L) and thickest particles (e). (i) Additional Information Border Crossing Cards (1) If largest surface area (S) of a particle (1) For more information about this AD, 2 is less than 1 mm , the L is less than 1.5 mm, contact Rao Edupuganti, Aviation Safety AGENCY: Department of State. and the e is less than 0.2 mm, inspect the Engineer, Dynamic Systems Section, MGB plugs for particles before further flight Technical Innovation Policy Branch, FAA, ACTION: Final rule. and inspect the oil filter for particles within 10101 Hillwood Pkwy., Fort Worth, TX 5 hours TIS. Thereafter, for 25 hours TIS, 76177; telephone 817–222–5110; email SUMMARY: The Department of State continue to inspect the MGB plugs for [email protected]. amends the Schedule of Fees for particles before each flight, inspect the oil (2) The subject of this AD is addressed in Consular Services (Schedule) for visa filter for particles at intervals not to exceed European Aviation Safety Agency (now fees. More specifically, the rule amends

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the Border Crossing Card fee paid by a . . . the costs to the government.’’). As permits a final rule to become effective Mexican citizen under age 15 whose implemented through Executive Order fewer than 30 days after the publication parent or guardian has or is applying for 10718 of June 27, 1957, 22 U.S.C. 4219 if the issuing agency finds good cause. a border crossing card (the ‘‘reduced further authorizes the Department to 5 U.S.C. 553(d)(3). Border Crossing Card fee’’). The establish fees to be charged for official The Department finds that good cause Department is decreasing this fee in services provided by U.S. embassies and exists to forego notice and comment and light of the expiration of the authority consulates. Other authorities allow the establish an early effective date for this provided by the Emergency Afghan Department to charge fees for consular rulemaking because the authority Allies Extension Act of 2014, which services, but not to determine the provided by the Act to collect a imposed a temporary $1 surcharge on amount of such fees, as the amount is temporary $1 surcharge on fees for MRV the fees for Machine Readable Visa statutorily determined. and BCC application processing, (MRV) and Border Crossing Card (BCC) The Department of State is required expired on June 30, 2020, thereby application processing, to be deposited by law to collect a Border Crossing Card eliminating any potential agency into the general fund of the Treasury. application processing fee for a Mexican discretion with respect to this surcharge This provision required the Department citizen under age 15 whose parent or and rendering notice and comment of State to start collecting this surcharge guardian has or is applying for a border unnecessary and impracticable. on January 1, 2015, and it expired five crossing card. Public Law 105–277, Div. and a half years after the first date on A, Sec. 101(b), 112 Stat. 2681–50, 1681– Regulatory Flexibility Act which the surcharge was collected, on 102. That fee is set by statute at $13. Since this rulemaking is exempt from June 30, 2020. The Department must Additional statutes imposed surcharges notice and comment, the Regulatory reduce the reduced Border Crossing that previously brought the fee to a total Flexibility Act does not apply. However, Card fee by $1, for a total fee of $15, to of $16. The Department is reducing the the Department has nonetheless continue to collect the legislatively Border Crossing Card application reviewed this rule and, by approving it, required fee amount of $13 and all processing fee for these Mexican citizen certifies that it will not have a remaining applicable surcharges. minors by $1 to $15 to reflect the significant economic impact on a expiration of the authority provided by DATES: This rule is effective on June 15, substantial number of small entities as the Act, which imposed a temporary $1 2021. defined in 5 U.S.C. 601(6). This rule surcharge on fees for MRV and BCC FOR FURTHER INFORMATION CONTACT: Rob decreases the Border Crossing Card application processing. Schlicht, Management Analyst, Office of application processing fee for certain the Comptroller, Bureau of Consular Why is this BCC fee $15 instead of $13? Mexican citizen minors. Affairs, Department of State; phone: In addition to the statutory $13 fee for 202–485–6681, telefax: 202–485–6826; Unfunded Mandates Act of 1995 BCCs for these Mexican citizen minors, email: [email protected]. Public Law 110–293, Title V, Sec. 501, This rule will not result in the SUPPLEMENTARY INFORMATION: 122 Stat. 2968, reproduced at 8 U.S.C. expenditure by state, local, and tribal Background 1351 (note) requires the Secretary of governments, in the aggregate, or by the State to collect a $2 surcharge (the private sector, of $100 million or more This final rule makes changes to the ‘‘HIV/AIDS/TB/Malaria surcharge’’) on in any year, and it will not significantly Schedule of Fees for Consular Services all MRVs and BCCs as part of the or uniquely affect small governments. of the Department of State’s Bureau of application processing fee; this Therefore, no actions were deemed Consular Affairs. The Department sets surcharge must be deposited into the necessary under the provisions of the and collects its fees based on the Treasury and goes to support programs Unfunded Mandates Reform Act of concept of full cost recovery, but some to combat HIV/AIDS, tuberculosis, and 1995, 2 U.S.C. 1501–1504. fees are set by statute. The Department malaria. of State is adjusting the reduced Border Congressional Review Act Since the authority provided by the Crossing Card fee in light of the Act to collect an additional $1 surcharge This rule is not a major rule as expiration of the authority provided by on fees for MRV and BCC application defined by 5 U.S.C. 804(2). the Emergency Afghan Allies Extension processing expired on June 30, 2020, the Act of 2014, section 2, Public Law 113– Executive Orders 12866 and 13563 Department has already 160 (‘‘the Act’’), which imposed a administratively adjusted the reduced temporary $1 surcharge on fees for MRV The Department has reviewed this Border Crossing Card fee to reflect the and BCC application processing. rule to ensure its consistency with the expiration of this authority. This regulatory philosophy and principles set What is the authority for this action? rulemaking adjusts the Schedule of Fees forth in the Executive Orders. This rule The Department of State derives the (22 CFR 22.1) accordingly. is necessary in light of expiration of the general authority to set fees based on the Regulatory Findings authority provided by the Emergency cost of the consular services it provides, Afghan Allies Extension Act of 2014, and to charge those fees, from the Administrative Procedure Act which imposed a temporary $1 general user charges statute, 31 U.S.C. The Department is publishing this surcharge on fees for MRV and BCC 9701. See, e.g., 31 U.S.C. 9701(b)(2)(A) rule as a final rule, with an effective application processing. As a result, the (‘‘The head of each agency . . . may date less than 30 days from the date of reduced Border Crossing Card fee will prescribe regulations establishing the publication, based on the ‘‘good cause’’ be reduced by $1 from $16 to $15. charge for a service or thing of value exceptions set forth at 5 U.S.C. Details of the fee changes are as provided by the agency . . . based on 553(b)(3)(B) and 553(d)(3). The APA follows:

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Estimated Estimated Percentage number of change in Item No. Fee Unit cost Current fee Change in fee increase applications annual fees affected 1 collected 2

SCHEDULE OF FEES FOR CONSULAR SERVICES

*******

NONIMMIGRANT VISA SERVICES

21. Nonimmigrant Visa Application and Border Crossing Card Proc- essing Fees (per person): (f) Border crossing card—under age 15; for Mexican citizens if par- ent or guardian has or is applying for a border crossing card (valid 10 years or until the applicant reaches age 15; whichever is sooner) ...... $15 (3) $16 $1 ¥6.25 200,846 ($200,846)

******* 1 Based on FY 2019 workload. 2 Using FY 2019 workload to generate collections. This will be a reduction in total annual remittance to Treasury. 3 The fee for Border Crossing Card applications by minors is statutorily set at $13.

Executive Order 13771 federal programs and activities do not PART 22—SCHEDULE OF FEES FOR apply to this regulation. CONSULAR SERVICES— This regulation is not an E.O. 13771 DEPARTMENT OF STATE AND Executive Order 13175 regulatory action because it is not a FOREIGN SERVICE significant rulemaking under E.O. The Department has determined that 12866. this rulemaking will not have tribal ■ 1. The authority citation for part 22 Executive Orders 12372 and 13132 implications, will not impose continues to read as follows: substantial direct compliance costs on Authority: 8 U.S.C. 1101 note, 1153 note, This regulation will not have Indian tribal governments, and will not 1157 note, 1183a note, 1184(c)(12), 1201(c), substantial direct effects on the states, preempt tribal law. Accordingly, the 1351, 1351 note, 1713, 1714, 1714 note; 10 on the relationship between the national requirements of Executive Order 13175 U.S.C. 2602(c); 22 U.S.C. 214, 214 note, government and the states, or on the do not apply to this rulemaking. 1475e, 2504(h), 2651a, 4206, 4215, 4219, distribution of power and 6551; 31 U.S.C. 9701; E.O. 10718, 22 FR 4632 responsibilities among the various Paperwork Reduction Act (1957); E.O. 11295, 31 FR 10603 (1966). levels of government. Therefore, in This rule does not create or revise any ■ 2. In § 22.1, amend the table by accordance with section 6 of Executive reporting or record-keeping revising entry 21(f) under the heading Order 13132, it is determined that this requirements. ‘‘Nonimmigrant Visa Services’’ to read rule does not have sufficient federalism as follows: implications to require consultations, List of Subjects in 22 CFR Part 22 nor does it warrant the preparation of a § 22.1 Schedule of fees. Consular services, Fees. federalism summary impact statement. The following table sets forth the The regulations implementing Executive Accordingly, for the reasons stated in changes to the following category listed Order 12372 regarding the preamble, 22 CFR part 22 is on the U.S. Department of State’s intergovernmental consultation on amended as follows: Schedule of Fees for Consular Services: SCHEDULE OF FEES FOR CONSULAR SERVICES

Item No. Fee

*******

NONIMMIGRANT VISA SERVICES

******* 21. * * *

(f) Border crossing card—under age 15; for Mexican citizens if parent or guardian has or is applying for a border crossing card (valid 10 years or until the applicant reaches age 15, whichever is sooner) ...... $15

*******

Ian Brownlee, Acting Assistant Secretary of State for Consular Affairs Department of State. [FR Doc. 2021–12417 Filed 6–14–21; 8:45 am] BILLING CODE 4710–06–P

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DEPARTMENT OF STATE calculated to achieve full cost recovery One commenter suggested that the for the U.S. Government of providing Cost of Service Model would benefit 22 CFR Part 22 the consular service consistent with 31 from an external audit to bolster U.S.C. 9701 and guidance from the confidence in the model’s results. The [Public Notice: 11442] Office of Management and Budget Department follows guidance provided RIN 1400–AE12 (OMB). As set forth in OMB Circular A– in ‘‘Managerial Cost Accounting 25, as a general policy, each recipient Concepts and Standards for the Federal Schedule of Fees for Consular should pay a user charge for government Government,’’ OMB’s Statement #4 of Services—Documentary Services Fee services, resources, or goods from which Federal Accounting Standards (SFFAS he or she derives a special benefit, at an #4), and uses Activity Based Costing to AGENCY: Department of State. amount sufficient for the U.S. calculate unit costs and set fees, which ACTION: Final rule. Government to recover the full costs of are industry standards and best providing the service, resource, or good. practices for setting user fees. The SUMMARY: This rule adopts as final the See OMB Circular No. A–25, sec. model is updated annually, and the Notice of Proposed Rulemaking 6(a)(2)(a). The fee for the authentication Department has meticulous processes in published in the Federal Register on of a document is set based on the cost place to validate data and model results October 16, 2020. This final rule adjusts of the service and charged only to during each model update. Over time, the Schedule of Fees for Consular individual applicants requesting the the model has been evaluated by Services (Schedule of Fees) by service. auditors, including the Office of incorporating the fee for authentication One commenter suggested that the Inspector General for the Department of a document in the United States into Department should set the fee at the and the U.S. Government the Schedule of Fees and increasing it calculated unit cost of $18.83, rather Accountability Office, and the from $8 to $20. than round the fee to $20. It has been Department incorporated feedback from DATES: This final rule is effective on July the Department’s policy, as set forth in those findings and continues to improve 15, 2021. prior rulemakings, that consular fees methodology to best capture the full FOR FURTHER INFORMATION CONTACT: should be rounded to the nearest $5. cost to the U.S. government of providing Robert Schlicht, Management Analyst, This policy makes it easier to collect consular services. Office of the Comptroller, Bureau of consular fees at domestic facilities, and One commenter suggested that the Consular Affairs, Department of State; allows for easier currency exchange at proposed fee for an authentication of a phone: 202–485–8915, telefax: 202– embassies and consulates around the document in the United States is too 485–6826; email: [email protected]. world. A review of other agencies that low because it does not include the SUPPLEMENTARY INFORMATION: calculate and set user fees found that compensation and benefits costs for rounding unit costs to set fees is a Background Foreign Service Officers. The standard best practice. commenter also suggested that non-U.S. This final rule adjusts the Schedule of One commenter also suggested that citizens should cover the cost of these Fees for Consular Services (Schedule of the Department should take steps to services because U.S. citizens do not Fees) by incorporating the fee for automate processes to reduce costs. The benefit from this service and therefore authentication of a document in the Department of State’s Bureau of taxpayers should not be burdened with United States into the Schedule of Fees Consular Affairs strives to optimize the costs. The cost basis and and increasing it from $8 to $20. The business functions to increase efficiency justification for this fee are explained Department of State (Department) and effectively manage financial and in-depth in the proposed rule—only the published a Notice of Proposed capital resources funded by consular costs related to providing the service, Rulemaking (NPRM) on October 16, fees. In an effort to improve business including compensation and benefits for 2020 (85 FR 65750), with 60 days practices, the Department documents domestic full-time civil service provided for public comment. This rule standard operating procedures and employees that do this work, are addresses the relevant comments. provides regular training to ensure the included in the calculated unit cost. Justification for this rulemaking and fee processes are followed. Additionally, Because Foreign Service Officers do not change, including relevant authorities the Department provides regular provide this service when it is and information on the study used to oversight of the document performed domestically, their calculate this fee, can be found in the authentication process to protect the compensation and benefit costs are not NPRM. integrity of the process and promote included in the fee. The Cost of Service standardization and efficiency. Analysis of Comments Model, however, has calculated the full Although steps are taken to improve cost of providing this service, and the The proposed rule was published for processing and efficiency, automating fee is set to recover these costs. As noted comments on October 16, 2020, 85 FR the entire authentication process is not above, the fee applies only to 65750. The comment period closed possible at this time. Documents can individuals seeking the authentications December 15, 2020. The Department only be properly authenticated by service domestically. received four comments, all of which specially trained adjudicators that work are addressed below. in the Office of Authentications. As Finally, one commenter emphasized Two commenters suggested that the explained in the proposed rule, the the importance of a sufficient Department should consider the impact current fee does not currently recover explanation for a cost-basis for the fee of the fee increase on the public and the costs of providing the service. The and concluded that the Department had private sectors. While the Department is Cost of Service Model results have provided such explanation. sympathetic to the impact the fee consistently established that the Conclusion increase may have on those who seek Department should charge a higher fee this service, the Department generally for this service to ensure full cost The Department will adjust the fee for sets consular fees at an amount recovery. authentication of a document in the

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United States in light of the Cost of Executive Orders 12866 and 13563 Executive Order 13175 Service Model’s findings that the U.S. The Department has reviewed this The Department has determined that government is not recovering fully its rule to ensure its consistency with the this rulemaking will not have tribal costs for providing the service. regulatory philosophy and principles set implications, will not impose Consistent with OMB guidance, the forth in the Executive Orders. This rule substantial direct compliance costs on Department endeavors to recover has been submitted to OMB for review. Indian tribal governments, and will not through user fees the cost of providing This rule is necessary in light of the preempt tribal law. Accordingly, the services that benefit specific need to incorporate the domestic requirements of Executive Order 13175 individuals, as opposed to the general authentications fee into the Schedule of do not apply to this rulemaking. public. See OMB Circular A–25, sec. Fees for Consular Services and the 6(a)(1), (a)(2)(a). For this reason, the Paperwork Reduction Act Department of State’s Cost of Service Department will adjust the Schedule of Model finding that the cost of This rulemaking relates to an Fees. authenticating a document in the United information collection request for the Regulatory Findings States is higher than the current fee. The DS–4194, Request for Authentications Department is setting the fee in Service, which is being processed Administrative Procedure Act accordance with 31 U.S.C. 9701. See, separately. The Department published this e.g., 31 U.S.C. 9701(b)(2)(A) (‘‘The head List of Subjects in 22 CFR Part 22 rulemaking as a proposed rule, and of each agency . . . may prescribe provided 60 days for public comment. It regulations establishing the charge for a Consular services, Fees. will be effective 30 days after service or thing of value provided by the Accordingly, for the reasons stated in publication, in accordance with 5 U.S.C. agency . . . based on . . . the costs to the preamble, 22 CFR part 22 is 553(d). the Government.’’). This rule sets the fee amended as follows: for domestic authentications at the Regulatory Flexibility Act amount required to recover the full costs PART 22—SCHEDULE OF FEES FOR The Department has reviewed this associated with providing this service. CONSULAR SERVICES— rule and, by approving it, certifies that DEPARTMENT OF STATE AND Executive Order 12372 and 13132 it will not have a significant economic FOREIGN SERVICE impact on a substantial number of small This regulation will not have entities as defined in 5 U.S.C. 601(6). substantial direct effects on the states, ■ 1. The authority citation for part 22 on the relationship between the national reads as follows: Unfunded Mandates Act of 1995 government and the states, or on the Authority: 8 U.S.C. 1101 note, 1153 note, This rule is not expected to result in distribution of power and 1157 note, 1183a note, 1184(c)(12), 1201(c), the expenditure by state, local, and responsibilities among the various 1351, 1351 note, 1713, 1714, 1714 note; 10 tribal governments, in the aggregate, or levels of government. Therefore, in U.S.C. 2602(c); 22 U.S.C. 214, 214 note, by the private sector, of $100 million or accordance with section 6 of Executive 1475e, 2504(h), 2651a, 4206, 4215, 4219, more in any year, and it will not Order 13132, it is determined that this 6551; 31 U.S.C. 9701; Exec. Order 10,718, 22 significantly or uniquely affect small rule does not have sufficient federalism FR 4632 (1957); Exec. Order 11,295, 31 FR governments. Therefore, no actions were implications to require consultations or 10603 (1966). deemed necessary under the provisions warrant the preparation of a federalism ■ 2. In § 22.1, amend the table by adding of the Unfunded Mandates Reform Act summary impact statement. The entry 46 under the heading of 1995, 2 U.S.C. 1501–1504. regulations implementing Executive ‘‘Documentary Services’’ to read as Order 12372 regarding Congressional Review Act follows: intergovernmental consultation on This rule is not a major rule as federal programs and activities do not § 22.1 Schedule of fees. defined by 5 U.S.C. 804(2). apply to this regulation. * * * * * SCHEDULE OF FEES FOR CONSULAR SERVICES

Item No. Fee

*******

Documentary Services

******* 46. Authentications (by the Office of Authentications domestically): ...... (a) Each basic authentication service ...... $20 (Items 47–50 vacant.) ......

*******

Ian Brownlee, Acting Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 2021–12437 Filed 6–14–21; 8:45 am] BILLING CODE 4710–06–P

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DEPARTMENT OF HOUSING AND (March 16, 2021, 86 FR 14370), ACTION: Final rule. URBAN DEVELOPMENT however, HUD became aware of an error in the codification of 24 CFR 28.10. SUMMARY: This final rule amends the 24 CFR Part 28 Section 28.10 provides the basis for civil Pension Benefit Guaranty Corporation’s penalties and assessments under the [Docket No. FR–6196–C–02] regulation on Allocation of Assets in Program Fraud Civil Remedies Act of Single-Employer Plans to prescribe 3 Adjustment of Civil Monetary Penalty 1986. Specifically, HUD determined interest assumptions under the asset that paragraph (a)(1)(i), which provides Amounts for 2020; Correction allocation regulation for plans with that a civil penalty may be imposed valuation dates in the third quarter of AGENCY: Office of General Counsel, when a claim is made that ‘‘is false, HUD. fictitious, or fraudulent,’’ failed to 2021. These interest assumptions are used for valuing benefits under ACTION: Final rule; correcting codify. terminating single-employer plans and amendment. To correct this error in the codification of HUD’s Adjustment of for other purposes. SUMMARY: On March 6, 2020, HUD Civil Monetary Penalty Amounts for DATES: Effective July 1, 2021. published its Adjustment of Civil 2020 final rule, this rule recodifies 24 Monetary Penalty Amounts for 2020 CFR 28.10(a)(1)(i). FOR FURTHER INFORMATION CONTACT: final rule. Subsequently, when HUD Hilary Duke ([email protected]), List of Subjects in 24 CFR Part 28 published its 2021 Civil Monetary Assistant General Counsel for Penalty final rule, HUD became aware of Administrative practice and Regulatory Affairs, Pension Benefit an error in the codification of the 2020 procedure, Claims, Fraud, Penalties. Guaranty Corporation, 1200 K Street rule. As a result, HUD is publishing this Accordingly, 24 CFR part 28 is NW, Washington, DC 20005, 202–229– rule to correct the earlier codification corrected by making the following 3839. (TTY users may call the Federal error. correcting amendment: relay service toll free at 1–800–877– DATES: 8339 and ask to be connected to 202– Effective June 15, 2021. PART 28—IMPLEMENTATION OF THE 229–3839.) FOR FURTHER INFORMATION CONTACT: PROGRAM FRAUD CIVIL REMEDIES Aaron Santa Anna, Associate General ACT OF 1986 SUPPLEMENTARY INFORMATION: PBGC’s Counsel for Legislation and Regulations, regulation on Allocation of Assets in ■ Department of Housing and Urban 1. The authority citation for part 28 Single-Employer Plans (29 CFR part Development, 451 7th Street SW, Room continues to read as follows: 4044) prescribes actuarial 10238, Washington, DC 20410; Authority: 28 U.S.C. 2461 note; 31 U.S.C. assumptions—including interest telephone number 202–708–1793 (this 3801–3812; 42 U.S.C. 3535(d). assumptions—for valuing benefits under is not a toll-free number). Persons with ■ terminating single-employer plans hearing or speech impairments may 2. Amend § 28.10 by adding paragraph access this number through TTY by (a)(1)(i) to read as follows: covered by title IV of the Employee Retirement Income Security Act of 1974 calling the toll-free Federal Relay at § 28.10 Basis for civil penalties and 800–877–8339 (this is a toll-free assessments. (ERISA). The interest assumptions in the regulation are also published on number). (a) * * * PBGC’s website (https://www.pbgc.gov). SUPPLEMENTARY INFORMATION: Revisions (1) * * * to HUD’s civil money penalty amounts (i) Is false, fictitious, or fraudulent; PBGC uses the interest assumptions in are required annually by the Federal * * * * * appendix B to part 4044 (‘‘Interest Rates Civil Penalties Inflation Adjustment Act Used to Value Benefits’’) to determine Aaron Santa Anna, of 1990,1 as amended by the Federal the present value of annuities in an Civil Penalties Inflation Adjustment Act Associate General Counsel for Legislation and involuntary or distress termination of a Regulations. Improvements Act of 2015.2 single-employer plan under the asset On March 6, 2020 (85 FR 13041), [FR Doc. 2021–12452 Filed 6–14–21; 8:45 am] allocation regulation. The assumptions HUD published its Adjustment of Civil BILLING CODE 4210–67–P are also used to determine the value of Monetary Penalty Amounts for 2020 multiemployer plan benefits and certain final rule. In that rule, HUD’s assets when a plan terminates by mass amendatory instructions for 24 CFR PENSION BENEFIT GUARANTY withdrawal in accordance with PBGC’s 28.10 directed the Federal Register to CORPORATION regulation on Duties of Plan Sponsor ‘‘[r]evise paragraphs (a)(1) introductory 29 CFR Part 4044 Following Mass Withdrawal (29 CFR text and (b)(1) introductory text.’’ HUD part 4281). used this amendatory instruction in Allocation of Assets in Single- publishing its annual civil money The third quarter 2021 interest Employer Plans; Interest Assumptions assumptions will be 2.13 percent for the penalty adjustment final rules in 2017 for Valuing Benefits (May 30, 2017, 82 FR 24521), 2018 (July first 25 years following the valuation 16, 2018, 83 FR 32790), and 2019 AGENCY: Pension Benefit Guaranty date and 2.23 percent thereafter. In (March 15, 2019, 84 FR 9451). Corporation (PBGC). comparison with the interest Subsequent to HUD’s publication of assumptions in effect for the second its Adjustment of Civil Monetary 3 Since the enactment of the Program Fraud Civil quarter of 2021, these interest Penalty Amounts for 2021 final rule Remedies Act of 1986 (31 U.S.C.S. 3801, et seq.), assumptions represent an increase of 5 HUD has direct statutory authority to impose civil money penalties in the case of false, fictitious, or 1 Public Law 101–410. fraudulent claims. HUD has this authority 2 Public Law 114–74, Sec. 701. regardless of the language in 24 CFR 28.10.

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years in the select period (the period and that good cause exists for making In consideration of the foregoing, 29 during which the select rate (the initial the assumptions set forth in this CFR part 4044 is amended as follows: rate) applies), an increase of 0.31 amendment effective less than 30 days percent in the select rate, and an after publication to allow the use of the PART 4044—ALLOCATION OF increase of 0.55 percent in the ultimate proper assumptions to estimate the ASSETS IN SINGLE–EMPLOYER rate (the final rate). value of plan benefits for plans with PLANS valuation dates early in the third quarter Need for Immediate Guidance of 2021. ■ 1. The authority citation for part 4044 PBGC has determined that this action continues to read as follows: PBGC has determined that notice of, is not a ‘‘significant regulatory action’’ and public comment on, this rule are under the criteria set forth in Executive Authority: 29 U.S.C. 1301(a), 1302(b)(3), impracticable, unnecessary, and Order 12866. 1341, 1344, 1362. contrary to the public interest. PBGC Because no general notice of proposed ■ 2. In appendix B to part 4044, an entry routinely updates the interest rulemaking is required for this for ‘‘July–September 2021’’ is added at assumptions in appendix B of the asset amendment, the Regulatory Flexibility allocation regulation each quarter so Act of 1980 does not apply. See 5 U.S.C. the end of the table to read as follows: that they are available to value benefits. 601(2). Appendix B to Part 4044—Interest Accordingly, PBGC finds that the public Rates Used to Value Benefits interest is best served by issuing this List of Subjects in 29 CFR Part 4044 rule expeditiously, without an Employee benefit plans, Pension * * * * * opportunity for notice and comment, insurance, Pensions.

For The values of it are: valuation dates occurring in the month— it for t = it for t = it for t =

******* July–September 2021 ...... 0.0213 1–25 0.0223 >25 N/A N/A

Issued in Washington, DC. Insurance Office, 202–622–3220, or DEPARTMENT OF HOMELAND Hilary Duke, Daniel McKnight, Policy Analyst, 202– SECURITY Assistant General Counsel for Regulatory 622–7009. Affairs, Pension Benefit Guaranty Coast Guard Corporation. SUPPLEMENTARY INFORMATION: In FR Doc. [FR Doc. 2021–12483 Filed 6–14–21; 8:45 am] 2021–12014 appearing on page 30537 in 33 CFR Part 165 the Federal Register of Wednesday, BILLING CODE 7709–02–P June 9, 2021, the following correction is [Docket Number USCG–2020–0460] made: RIN 1625–AA00 DEPARTMENT OF THE TREASURY § 50.4 [Corrected] Safety Zone; Cocos Lagoon, Merizo, 31 CFR Part 50 ■ 1. On page 30540, in the first column, GU in § 50.4, in amendment 3, the Terrorism Risk Insurance Program; instruction ‘‘Amend § 50.4 by revising AGENCY: Coast Guard, DHS. Updated Regulations in Light of the paragraphs (b)(2)(ii) and (n)(3)(iii), ACTION: Final rule. Terrorism Risk Insurance Program adding paragraph (n)(3)(iv) and revising Reauthorization Act of 2019, and for SUMMARY: (w)(1) and (2) to read as follows:’’ is The Coast Guard is Other Purposes; Correction establishing a recurring safety zone for corrected to read ‘‘Amend § 50.4 by navigable waters within Cocos Lagoon. AGENCY: Departmental Offices, revising paragraphs (b)(2)(ii) and Department of the Treasury. This safety zone will encompass the (n)(3)(iii), adding paragraph (n)(3)(iv), designated swim course for the Cocos ACTION: Final rule, technical correction. and revising paragraph (w)(1) and Crossing swim event in the waters of paragraph (w)(2) introductory text to Cocos Lagoon, Merizo, Guam. Race SUMMARY: The Department of the read as follows:’’ Treasury (Treasury) is correcting a final participants, chase boats, and organizers rule that published on June 9, 2021. The Steven E. Seitz, of the event will be exempt from the safety zone. Entry of persons or vessels final rule implemented changes to the Director, Federal Insurance Office, Terrorism Risk Insurance Program rules performing the Delegable Duties of the into the safety zone is prohibited unless in response to the Terrorism Risk Assistant Secretary for Financial Institutions. authorized by the Captain of the Port (COTP) Guam. Insurance Program Reauthorization Act [FR Doc. 2021–12456 Filed 6–14–21; 8:45 am] DATES: of 2019. BILLING CODE 4810–AK–P This rule is effective July 15, DATES: Effective July 12, 2021. 2021. FOR FURTHER INFORMATION CONTACT: ADDRESSES: To view documents Richard Ifft, Senior Insurance mentioned in this preamble as being Regulatory Policy Analyst, Federal available in the docket, go to https:// Insurance Office, 202–622–2922, www.regulations.gov, type USCG–2020– Lindsey Baldwin, Senior Insurance 0460 in the ‘‘SEARCH’’ box and click Regulatory Policy Analyst, Federal ‘‘SEARCH.’’ Click on Open Docket

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Folder on the line associated with this V. Regulatory Analyses concerning its provisions or options for rule. We developed this rule after compliance, please call or email the FOR FURTHER INFORMATION CONTACT: If considering numerous statutes and person listed in the FOR FURTHER you have questions about this proposed Executive orders related to rulemaking. INFORMATION CONTACT section. rulemaking, call or email Chief Petty Below we summarize our analyses Small businesses may send comments Officer Robert Davis, Sector Guam, U.S. based on a number of these statutes and on the actions of Federal employees Coast Guard, by telephone at (671) 355– Executive orders, and we discuss First who enforce, or otherwise determine 4866, or email at [email protected]. Amendment rights of protestors. compliance with, Federal regulations to the Small Business and Agriculture SUPPLEMENTARY INFORMATION: A. Regulatory Planning and Review Regulatory Enforcement Ombudsman I. Table of Abbreviations Executive Orders 12866 and 13563 and the Regional Small Business Regulatory Fairness Boards. The CFR Code of Federal Regulations direct agencies to assess the costs and DHS Department of Homeland Security benefits of available regulatory Ombudsman evaluates these actions FR Federal Register alternatives and, if regulation is annually and rates each agency’s NPRM Notice of proposed rulemaking necessary, to select regulatory responsiveness to small business. If you § Section approaches that maximize net benefits. wish to comment on actions by U.S.C. United States Code This rule has not been designated a employees of the Coast Guard, call 1– II. Background Information and ‘‘significant regulatory action,’’ under 888–REG–FAIR (1–888–734–3247). The Regulatory History Executive Order 12866. Accordingly, Coast Guard will not retaliate against this rule has not been reviewed by the small entities that question or complain The purpose of this rule is to ensure Office of Management and Budget. about this rule or any policy or action the safety of the participants and the This regulatory action determination of the Coast Guard. navigable waters in the safety zone is based on the size, location, duration, C. Collection of Information before, during, and after the scheduled and time-of-day of the safety zone. swim event. In response, on February Vessel traffic will be able to safely This rule will not call for a new 10, 2021, the Coast Guard published a transit around this safety zone, which collection of information under the notice of proposed rulemaking (NPRM) will impact a small designated area of Paperwork Reduction Act of 1995 (44 titled Safety Zone; Cocos Lagoon, the Cocos Lagoon for approximately 7 U.S.C. 3501–3520). Merizo, GU (86 FR 8879–8881). There hours. Moreover, the Coast Guard will D. Federalism and Indian Tribal we stated why we issued the NPRM, issue a Broadcast Notice to Mariners via Governments and invited comments on our proposed VHF–FM marine channel 16 about the regulatory action related to this safety zone, and the rule would allow vessels A rule has implications for federalism zone. During the comment period that to seek permission to enter the zone. under Executive Order 13132, ended March 12, 2021, we received no Federalism, if it has a substantial direct comments. B. Impact on Small Entities effect on the States, on the relationship between the National Government and III. Legal Authority and Need for Rule The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, the States, or on the distribution of The Coast Guard is issuing this rule requires Federal agencies to consider power and responsibilities among the under its authority in 46 U.S.C 70034 the potential impact of regulations on various levels of government. We have (previously 33 U.S.C. 1231). The COTP small entities during rulemaking. The analyzed this rule under that Order and Guam has determined this safety zone is term ‘‘small entities’’ comprises small have determined that it is consistent necessary to protect all persons and businesses, not-for-profit organizations with the fundamental federalism vessels participating in this marine that are independently owned and principles and preemption requirements event from potential safety hazards operated and are not dominant in their described in Executive Order 13132. associated with vessel traffic in the area fields, and governmental jurisdictions Also, this rule does not have tribal IV. Discussion of Comments, Changes, with populations of less than 50,000. implications under Executive Order and the Rule The Coast Guard received no comments 13175, Consultation and Coordination from the Small Business Administration with Indian Tribal Governments, As noted above, we received no on this rulemaking. The Coast Guard because it does not have a substantial comments on our NPRM published certifies under 5 U.S.C. 605(b) that this direct effect on one or more Indian February 10, 2021. There are no changes rule will not have a significant tribes, on the relationship between the in the regulatory text of this rule from economic impact on a substantial Federal Government and Indian tribes, the proposed rule in the NPRM. number of small entities. or on the distribution of power and This rule establishes a safety zone While some owners or operators of responsibilities between the Federal from 06:00 a.m. to 1:00 p.m. on the vessels intending to transit the safety Government and Indian tribes. Sunday before Memorial Day every year, zone may be small entities, for the E. Unfunded Mandates Reform Act unless the event is cancelled or moved reasons stated in section V.A above, this due to weather. The safety zone will rule will not have a significant The Unfunded Mandates Reform Act cover all navigable waters within a 100- economic impact on any vessel owner of 1995 (2 U.S.C. 1531–1538) requires yard radius of the race participants in or operator. Federal agencies to assess the effects of Cocos Lagoon, Merizo, Guam. Race Under section 213(a) of the Small their discretionary regulatory actions. In participants, chase boats, and organizers Business Regulatory Enforcement particular, the Act addresses actions of the event will be exempt from the Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a safety zone. All persons and vessels not we want to assist small entities in State, local, or tribal government, in the involved in the event are prohibited understanding this rule. If the rule aggregate, or by the private sector of from being in the safety zone unless would affect your small business, $100,000,000 (adjusted for inflation) or authorized by the COTP or a designated organization, or governmental more in any one year. Though this rule representative. jurisdiction and you have questions will not result in such an expenditure,

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we do discuss the effects of this rule Lagoon, Merizo, Guam. Race ACTION: Notice; final denial of elsewhere in this preamble. participants, chase boats, and organizers rulemaking petition. of the event will be exempt from the F. Environment safety zone. SUMMARY: The Environmental Protection We have analyzed this rule under (b) Definitions. As used in this Agency (EPA or the Agency) is Department of Homeland Security section, ‘‘designated on-scene responding to a rulemaking petition Directive 023–01, Rev. 1, associated representative’’ means a Coast Guard (‘‘the petition’’) requesting revision of implementing instructions, and Patrol Commander, including a Coast the Resource Conservation and Environmental Planning COMDTINST Guard coxswain, petty officer, or other Recovery Act (RCRA) corrosivity 5090.1 (series), which guide the Coast officer operating a Coast Guard vessel, hazardous waste characteristic Guard in complying with the National and a Federal, State, and local officer regulation. The petition requests that Environmental Policy Act of 1969 (42 either designated by or assisting the the Agency make two changes to the U.S.C. 4321–4370f), and have COTP Sector Guam in the enforcement current corrosivity characteristic determined that this action is one of a of the safety zone. regulation: Revise the regulatory category of actions that do not (c) Regulations. (1) In accordance with threshold for defining waste as corrosive individually or cumulatively have a the general regulations in section from the current value of pH 12.5, to pH significant effect on the human § 165.23, entry into, transiting, or 11.5; and expand the scope of the RCRA environment. This rule involves a safety anchoring within this safety zone is corrosivity definition to include non- zone lasting approximately 7 hours that prohibited unless authorized by the aqueous wastes in addition to the would prohibit entry within 100-yards COTP or a designated on-scene aqueous wastes currently regulated. The for swim participants in Cocos Lagoon. representative. Agency published a tentative denial of It is categorically excluded from further (2) This safety zone is closed to all the rulemaking petition on April 11, review under paragraph L60(a) of persons and vessel traffic, except as may 2016. Today the Agency is publishing a Appendix A, Table 1 of DHS Instruction be permitted by the COTP or a final denial of the rulemaking petition. Manual 023–01–001–01, Rev. 1. A designated on-scene representative. DATES: This final action is effective on Record of Environmental Consideration (3) Persons and Vessel operators June 15, 2021. supporting this determination is desiring to enter or operate within the ADDRESSES: The EPA has established a available in the docket. For instructions safety zone must contact the COTP or a docket for this action under Docket ID on locating the docket, see the designated on-scene representative to No. EPA–HQ–RCRA–2016–0040, at ADDRESSES section of this preamble. obtain permission to do so. The COTP http://www.regulations.gov. All G. Protest Activities or a designated on-scene representative documents in the docket are listed on may be contacted via VHF Channel 16 the http://www.regulations.gov website. The Coast Guard respects the First or at telephone number (671) 355–4821. Certain other material, such as Amendment rights of protesters. Vessel operators given permission to copyrighted material, is not placed on Protesters are asked to call or email the enter or operate in the safety zone must the internet and will be publicly person listed in the FOR FURTHER comply with all directions given to available only in hard copy form. INFORMATION CONTACT section to them by the COTP or a designated on- Publicly available docket materials are coordinate protest activities so that your scene representative. available electronically through http:// message can be received without (d) Enforcement period. This safety www.regulations.gov. jeopardizing the safety or security of zone will be enforced on the Sunday people, places or vessels. FOR FURTHER INFORMATION CONTACT: before Memorial Day from 6:00 a.m. to Gregory Helms, Materials Recovery and List of Subjects in 33 CFR Part 165 1:00 p.m. annually, unless the event is Waste Management Division, Office of delayed or cancelled due to weather. Harbors, Marine safety, Navigation Resource Conservation and Recovery, The Coast Guard will provide advance Office of Land and Emergency (water), Reporting and recordkeeping notice of enforcement and a broadcast requirements, Security measures, Response, (Mail Code 5304P), notice to mariners to inform the public Environmental Protection Agency, 1200 Waterways. of the specific date of the event. For the reasons discussed in the Pennsylvania Ave. NW, Washington, DC preamble, the Coast Guard amends 33 Dated: June 9, 2021. 20460; telephone number: 703–308– CFR part 165 as follows: Nicholas R. Simmons, 8845; email address: helms.greg@ Captain, U.S. Coast Guard Captain of the epa.gov PART 165—REGULATED NAVIGATION Port, Guam. SUPPLEMENTARY INFORMATION: AREAS AND LIMITED ACCESS AREAS [FR Doc. 2021–12552 Filed 6–14–21; 8:45 am] BILLING CODE 9110–04–P Table of Contents ■ 1. The authority citation for part 165 continues to read as follows: I. Executive Summary II. General Information Authority: 46 U.S.C. 70034, 70051; 33 CFR A. Does this action apply to me? 1.05–1, 6.04–1, 6.04–6, and 160.5; ENVIRONMENTAL PROTECTION B. What action is EPA taking? Department of Homeland Security Delegation AGENCY C. What is EPA’s authority for taking this No. 0170.1. action? 40 CFR Part 261 ■ 2. Add § 165.1418 to read as follows: D. What are the incremental costs and benefits of this action? § 165.1418 Safety Zone; Cocos Lagoon, [EPA–HQ–RCRA–2016–0040; FRL–10014– III. Background Merizo, GU. 42–OLEM] A. Who submitted the petition to the EPA and what do they seek? (a) Location. The following area, Corrosive Waste Rulemaking Petition; B. Who commented on the tentative denial within the Guam Captain of the Port Denial of the petition? (COTP) Zone (See 33 CFR 3.70–15), all IV. Public Comments Received and Agency navigable waters within a 100-yard AGENCY: Environmental Protection Response radius of race participants in Cocos Agency (EPA). A. Petitioner Comments

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1. The Petitioners Assert That the Agency II. General Information denying the petitioners’ request to Inadequately Considered the Available revise the RCRA corrosivity regulation. A. Does this action apply to me? Information When it Promulgated the The reasons for the Agency’s denial of Existing RCRA Corrosive Hazardous As the Agency is not adding to or the petition are described below in Waste Definition in 1980 revising its regulations with today’s today’s Notice. 2. The Petitioners Assert That the Agency Notice, no entities or wastes will be Must Use the Globally Harmonized newly regulated or deregulated. C. What is EPA’s authority for taking System for the Classification and this action? Labeling of Chemicals (GHS) as the Basis B. What action is EPA taking? for the RCRA Corrosivity Regulation Today the Agency is issuing a final The corrosivity hazardous waste 3. The Petitioners Assert That the Agency response to the PEER/Jenkins characteristic regulation was Inadequately Considered Supporting promulgated under the authority of Materials Submitted With the Petition, rulemaking petition of September 8, 2011 that seeks revision to the RCRA sections 1004 and 3001 of RCRA, as and Other Facts Cited by the Petition amended by the Hazardous and Solid 4. The Petitioners Assert That Concluding corrosivity characteristic regulation for That WTC Exposures and Injuries Are a classifying waste as hazardous that Waste Amendments of 1984 (HSWA), 42 RCRA Damage Incident is Not Necessary would expand the scope of the U.S.C. 6903 and 6921. The Agency is To Support the Petition regulation and subject additional waste responding to this petition for 5. The Petitioners Assert That EPA to RCRA’s cradle-to-grave waste rulemaking pursuant to 42 U.S.C. 6903, Misunderstands the Applicability of management system. The Agency is 6921 and 6974, and implementing RCRA Regulations to the WTC Dust and denying the petition in its entirety. regulations 40 CFR parts 260 and 261. Debris Under Subtitle C of RCRA, the EPA D. What are the incremental costs and 6. The Petitioners Assert That the Agency has developed regulations to identify Improperly Considered the Potential benefits of this action? Impact of the Requested Corrosivity solid wastes that must then be evaluated Characteristic Revisions to determine whether they must also be There are neither costs nor benefits 7. Other Petitioner Comments classified as hazardous waste. resulting from this final action, as the B. Industry Stakeholder Comments Corrosivity is one of four waste Agency is not promulgating any C. Other Comments characteristics that may cause the waste regulatory changes. V. EPA’s Conclusions and Rationale for its to be classified as ‘‘RCRA hazardous.’’ Final Action Denying the PEER/Jenkins The Agency defines which wastes are III. Background Rulemaking Petition To Revise the RCRA hazardous because of their corrosive A. Who submitted the petition to the Corrosivity Hazardous Characteristic properties at 40 CFR 261.22. On EPA and what do they seek? Regulation September 8, 2011, the I. Executive Summary nongovernmental organization (NGO) On September 8, 2011, petitioners PEER and Cate Jenkins, Ph.D., submitted PEER and Cate Jenkins, Ph.D., submitted This action finalizes the Agency’s a rulemaking petition to the EPA to the EPA a rulemaking petition April 11, 2016 tentative denial of a seeking changes to the current seeking revisions to the RCRA rulemaking petition submitted by the regulatory definition of corrosive hazardous waste corrosivity group Public Employees for hazardous wastes under RCRA. On characteristic definition (see 40 CFR Environmental Responsibility (PEER) April 11, 2016, the Agency published a 261.22(a)(1)).1 On September 9, 2014, and Dr. Cate Jenkins, Ph.D. (‘‘PEER/ Federal Register notice tentatively the petitioners filed a petition for Writ Jenkins Rulemaking petition’’), on denying the rulemaking petition. In that of Mandamus, arguing that the Agency September 8, 2011, requesting that the notice of denial, the Agency provided had unduly delayed in responding to Agency revise the corrosivity hazardous its evaluation of the requested the 2011 petition, and asking the Court 2 waste characteristic regulation regulatory revisions, the materials to compel the Agency to respond to the promulgated under Subtitle C of the submitted by the petitioners in support petition within 90 days. The Court Resource Conservation and Recovery of the regulatory revisions being sought, granted the parties’ joint request for a Act (RCRA). The petitioners sought two and supplementary information stay of all proceedings until March 31, changes to the existing corrosivity collected by the Agency and identified 2016. Following publication of the characteristic regulation: (1) Revision of as relevant to the issues raised by the tentative denial of the petition, the the pH regulatory value for defining a petition. The 2016 tentative denial of parties jointly petitioned the court to waste as corrosive hazardous waste from the petition also solicited comments hold the case in abeyance until the the current pH 12.5 or higher, to pH from the public on the issues raised by Agency publishes in the Federal 11.5 or higher; and (2) expansion of the the petition and its supporting Register a final denial of the Petition for scope of the corrosivity regulation to materials, the Agency’s supplemental Rulemaking or an Advanced Notice of apply to non-aqueous wastes in addition materials, materials submitted by a Proposed Rulemaking or a Proposed to the aqueous wastes addressed by the group representing industries that might Rule. Under this agreement, the Agency current regulation. The Agency be affected by any changes to the is obligated to file status reports with published for public comment a corrosivity regulation and the Agency’s the court at 120-day intervals. The latest tentative denial of the PEER/Jenkins assessment of all these materials. Rulemaking petition on April 11, 2016 Comments were initially to be accepted 1 § 261.22(a)(1) identifies an aqueous solid waste (81 FR 21295), proposing to deny both until June 10, 2016; however, the public as a corrosive hazardous waste if a representative requested revisions to the corrosivity comment period was extended by six sample exhibits a pH less than or equal to 2, or greater than or equal to 12.5.when tested with a pH characteristic regulation sought by the months, closing on December 7, 2016, at meter using EPA Method 9040C, published in the petitioners. In this Notice (and the the request of the petitioners. Agency Hazardous waste test method Compendium, Response to Comments document Today’s Notice (and accompanying SW–846. https://www.epa.gov/hw-sw846/sw-846- accompanying it), the EPA responds to supporting material) responds to the compendium. 2 The Petitioners’ lawsuit was filed with the U.S. the public comments received on the comments received from the public on Court of Appeals for the District of Colombia tentative denial and takes final action to the tentative denial, and takes final Circuit. https://www.cadc.uscourts.gov/internet/ deny the petition. action on the rulemaking petition, home.nsf.

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such report was filed with the court on tentative denial. Seven of the comments others were caused by the corrosive April 5, 2021. were from particular industries or nature of the dust generated by the The petition sought two specific industry trade groups or organizations, collapse of the towers,3 and that a changes to the 40 CFR 261.22(a)(1) and one was from the State of Oklahoma revised RCRA corrosivity regulation definition of a corrosive hazardous Department of Environmental Quality definition can prevent such injuries waste: (DEQ). EPA considered all the should similar exposures occur in the 1. Reduction of the pH regulatory comments received, on both the future. value for defining alkaline corrosive tentative denial and the eight comments • The petitioners assert that the EPA hazardous wastes from the current received on the PEER/Jenkins misunderstands the applicability of standard of pH 12.5 or higher to pH 11.5 Rulemaking petition through the RCRA regulations to the WTC dust and or higher; and implementation of Executive Order debris. • 2. Expansion of the scope of the RCRA 13777. The petitioners’ comments and The petitioners assert that the hazardous waste corrosivity definition those of several individuals opposed the Agency impermissibly considered to include non-aqueous wastes, as well Agency’s tentative denial. Industry information on the possible economic as currently regulated aqueous wastes. commenters generally supported it, as impacts of revising the corrosivity The Agency published for public did the Michigan DEQ, organizations regulation submitted by industry comment a tentative denial of this representing publicly owned treatment stakeholders and their representatives, RCRA rulemaking petition on April 11, works (POTWs, which are municipal and that the conclusions in the tentative 2016, in accordance with 40 CFR wastewater treatment facilities), and denial are largely based on industry 260.20(c) and (e). The public comment several private citizens. The Oklahoma impact estimates. period for the tentative denial was DEQ supported regulation of non- The discussion below describes the originally scheduled to close on June 10, aqueous wastes that may be corrosive. petitioners’ comments on the tentative 2016, but was extended until December While two WTC-survivor health denial in more detail and provides the 7, 2016, at the request of the petitioners. research groups commented in support Agency’s response to those comments. The Agency received 29 comments on of requests to extend the public the tentative denial (including requests 1. The Petitioners Assert That the comment period for the tentative denial, for a comment period extension), and is Agency Inadequately Considered the neither of these groups submitted Available Information When it today responding to those comments, substantive comments. Promulgated the Existing RCRA and taking final action to deny all parts Corrosive Hazardous Waste Definition of the petition. IV. Public Comments Received and in 1980 Agency Response B. Who commented on the tentative As in the petition, the petitioners denial of the petition? A. Petitioner Comments argue in their comments on the tentative Commenters include the petitioners, a Petitioners PEER and Dr. Jenkins denial that the original regulation did number of groups representing different submitted extensive comments not appropriately consider the sectors of industry, health research addressing most aspects of the tentative information available in 1980, and that groups studying persons exposed to the denial. Today’s Notice addresses this represents an error. Petitioners World Trade Center (WTC) collapse, the comments the Agency believes present believe that in relying on the 1972 state of Michigan Department of the petitioners’ key arguments and International Labor Organization (ILO) Environmental Quality (DEQ), national supporting information advocating for guidance, the Agency should have and state groups representing municipal their requested revisions to the directly promulgated the ILO guidance wastewater treatment facility owners/ corrosivity regulations. The Agency values as the corrosivity regulation and operators (also known as publicly responds to more detailed petitioner should not have considered additional owned treatment works, or POTWs), comments in the Response to Comments information in establishing the and several private citizens. The public document accompanying today’s Notice, regulation. The ILO guidance, as well as comments on the Agency’s tentative which is available in the public docket GHS guidance (discussed below), is denial of the PEER/Jenkins Rulemaking for this action. While the PEER/Jenkins intended to represent the inherent, or petition can be found by searching at: comments are wide-ranging, they can be http://www.Regulations.gov, using summarized as raising the following 3 The term ‘‘corrosivity’’ is used extensively in Docket ID Number EPA–HQ–RCRA– major objections to the tentative denial discussions of this issue by both the petitioners and by the Agency. However, the Agency believes 2016–0040. and its conclusions: petitioners and the Agency each intend different In a separate action, on April 13, 2017 • The petitioners assert that the meanings when using the term. The petitioners (82 FR 17793), EPA opened a public original corrosivity regulation did not apply the term ‘‘corrosivity’’ to a broad range of comment period to solicit public appropriately consider the information possible impacts to human health, for example over a pH range of 9.76–11.5, as described at page 53 of comment on virtually any existing EPA available at the time the regulation was the May 6, 2007 petition support document. When regulation, to implement Executive developed (i.e., 1980). the Agency uses the term ‘‘corrosivity’’ in the Order 13777 on regulatory reform (See: • The petitioners assert that the context of impacts to exposed humans, it is http://www.Regulations.gov, Docket ID Agency has a legal obligation to referring to potentially severe injuries, such as dissolving of skin proteins, chemically combining Number EPA–HQ–OA–2017–0190). The implement the Globally Harmonized with cutaneous fats, and severe damage to keratin, Agency requested that the public System for the Classification and as described in the 1980 Background Document identify regulations they believed to be Labeling of Chemicals (GHS) criteria as supporting the original corrosivity regulation and in in need of revision, including the RCRA corrosivity regulation. the TD (see 81 FR 21297–21299, April 11, 2016). • While today’s Notice focuses on potential adverse regulations commenters believed to be The petitioners assert that the effects on humans (as this is the petitioners’ focus), outdated, unnecessary, ineffective or Agency inadequately considered the Agency was also concerned about the potential unduly burdensome. Eight of the more information submitted by petitioners in of corrosive wastes to damage storage containers, than 400,000 comments received by the support of the petition. resulting in releases, mobilization of co-disposed • The petitioners assert that many of acid or base-soluble wastes, and potential to docket addressed the PEER/Jenkins adversely affect aquatic life when developing the Rulemaking petition and the Agency’s the injuries to World Trade Center corrosivity characteristic in 1980. This concern was initial response presented in the (WTC) disaster first responders and largely addressed by part 261.22(a)(2).

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intrinsic hazards that may be posed by 240–258 (particularly parts 257 and 258) pathogens are effectively inactivated direct contact with materials, with no describe the minimum management when the pH of the sludge is raised to controls on or mitigation of exposure. requirements for wastes, regardless of pH 12 or higher, for a minimum of two However, RCRA directs the Agency to the hazards they may (or may not) pose. hours and maintained at pH levels regulate hazards as they occur in waste Wastes found to potentially pose above 11.5 for an additional 22 hours (when plausibly mismanaged) in most significant or substantial hazards when (EPA 1981; EPA 1989; NRC 1996; Krach cases, and the Agency regulated managed at this minimal level of control et al. 2008; and the National Lime potentially corrosive wastes under require more stringent management. Association, at: https://www.lime.org/ RCRA section 1004(5)(B) (42 U.S.C. Such wastes warrant classification as lime-basics/uses-of-lime/enviromental/ 6903(5)(B)), as has been done for most hazardous (under 42 U.S.C. 6903(5)(B), biosolids-and-sludge/). Treatment with wastes regulated as RCRA hazardous.4 through the listings and hazardous lime can also provide control of odors RCRA’s prohibition on the open characteristics regulations) and control that may be associated with more active dumping of wastes (42 U.S.C. 6903(14)), under the more stringent and detailed biological pathogens. Lime continues to and requirements for solid waste provisions of RCRA Subtitle C and the be used for biosolids ‘‘conditioning’’, disposal and management (42 U.S.C. regulations developed under its which allows this material to be more 6944(a), (b)) means that all waste is authority. The Agency reserved RCRA safely used as an agricultural fertilizer, intended to receive some level of section 1004(5)(A) for wastes that pose and also to be more safely disposed in management (under either federal or a significant hazard regardless of how a municipal or other landfill when not state laws and regulations), with some they are managed. Therefore, the used as a fertilizer. Therefore, the 5 exceptions. Regulations at 40 CFR parts Agency appropriately relied on proposal to revise the corrosivity information in addition to the ILO regulatory value to 11.5 could have a 4 Consideration of corrosivity hazards under guidance when developing the RCRA plausible mismanagement conditions is part of the significant impact on the corrosivity characteristic, as described implementation of available treatments basic program structure developed by the Agency in the 1978 proposed rule, the 1980 in 1980 for implementing RCRA. The Agency and management options for municipal final rulemaking and its supporting described its approach to implementing RCRA’s wastewater treatment sludges. hazardous waste classification requirements in the Background Document (EPA 1980), rulemakings that promulgated the bulk of the RCRA when it published the tentative denial The petition and petitioner comments regulatory program in 1980. In proposing its on the tentative denial argue that approach to developing hazardous waste of the petition (81 FR 2199–21302, April characteristics regulations, the Agency proposed 11, 2016),6 and in issuing today’s final consideration of the value of using lime three criteria, the second of which was ‘‘. . . that Notice and supporting information. in waste treatment in setting the 1980 the likelihood of a hazard developing if the waste When developing the current regulatory standard was improper at the is mismanaged is sufficiently great. . . .’’. The corrosivity regulation, the Agency time. However, considering the Agency continued this discussion by noting that ‘‘EPA distilled the common features of hazardous proposed a value of pH 12.0 or higher corrosive potential of wastes treated to waste—when improperly disposed of—into the to define hazardous corrosive waste (for high pH using materials like lime, with following groups of candidate characteristics: .... aqueous wastes; 43 FR 58951–952, its widespread use for effective POTW 2. Corrosivity. . . .’’ This discussion references the December 18, 1978). In consideration of language of RCRA section 1004(5)(B) as the basis for sludge pathogen inactivation and the hazardous characteristics regulations, including public comments on the proposal, EPA stabilization was and remains an corrosivity. (43 FR 58950, December 18, 1978) The established a final regulatory value of appropriate balancing of different waste Agency clarified the role of RCRA section pH 12.5 or higher (and pH 2.0 or lower) management risks by the Agency. As the 1004(5)(A) in implementing RCRA in the to define aqueous corrosive hazardous rulemaking promulgating most of the RCRA Agency noted in the tentative denial, no regulatory program. In considering how to structure waste (45 FR 33109, May 19, 1980). A challenge to the 1980 regulation was and use hazardous waste listings, the Agency consideration of the Agency in filed, and the time period to challenge identified criteria for two categories of listed waste: establishing the final regulation was the that rule has long passed under the Acutely hazardous waste and toxic waste. RCRA use of lime for treatment of municipal section 1004(5)(A) is referenced in the Agency’s judicial review provision of RCRA description of acutely hazardous waste, noting that wastewater treatment sludges, as section 7006, which requires such these wastes are so dangerous that they meet the discussed in the Background Document challenges to be filed within 90 days of statutory definition ‘‘. . . regardless of how they are (EPA 1980, pp 13–16). Such sludges the rule’s promulgation. The managed. It is EPA’s conviction that most wastes contain a variety of organic chemicals, are hazardous only because they ‘‘pose a substantial opportunity to petition the Agency for . . . hazard . . . when improperly managed’’ and inorganic chemicals, and microbial changes to any RCRA rule is always thus meet RCRA section 1004(5)(B). The discussion contamination. Lime has been used for available to members of the public (as goes on to note that acutely hazardous waste ‘‘. . . many years as a sludge treatment, in the current case), but such petitions include those which have been shown to be fatal particularly for the inactivation of to humans at low doses . . .’’ but notes that waste are evaluated typically based on new explosives would also meet the Part (A) definition. microbial pathogens in the sludge. Such information identified by petitioners (as EPA used these criteria to identify a list of high well as information identified by the concentration waste commercial chemical products for some wastes that are otherwise regulated (e.g., Agency, and those commenting on a identified as acutely hazardous at 40 CFR 261.33 under section 402 of the Clean Water Act, or under (45 FR 33106, May 19, 1980). Also see 40 CFR 40 CFR part 503), or for some materials which may proposed Agency action) as the basis for 261.10, 261.11(a)(2) and 261.11(a)(3). not be waste when appropriately reused. the requested changes to a regulation. The Agency identified one report of an LD50 value 6 The Agency has also considered factors in Petitioners also argue that the current below the acute hazard criteria, for sodium addition to inherent hazard in regulating many hydroxide (acute hazard criteria LD50=50 mg/kg-bw other wastes. For example, in developing the pH 12.5 corrosivity regulatory value is or lower; NaOH reported LC50=44 mg/kg-bw, in toxicity characteristic (TC) regulation (40 CFR no longer necessary to allow reuse of rats). While this report may indicate that sodium 261.24), the Agency explicitly incorporated a biosolids due to other changes in the hydroxide could be added to the ‘‘P-list’’ of measure of the leaching release potential of toxic RCRA regulatory program, such as hazardous wastes, it does not imply that potentially constituents in waste (the Toxicity Characteristic corrosive wastes considered broadly may pose acute Leaching Procedure test) and also estimates of the RCRA deference to the Clean Water Act toxic hazards (see: 40 CFR 261.33, and NIOSH 2015, likely dilution and attenuation of hazardous (CWA) programs promulgated at 40 CFR as reported by PubChem/NLM; downloaded March constituent concentrations that may occur during part 503 addressing biosolids use as 20, 2019). groundwater transport from a disposal site to a agricultural fertilizer. However, 5 40 CFR part 257.1 describes the scope of the down-gradient drinking water well that could be a solid waste management regulations. This part point of human exposure (see: 55 FR 11798, March biosolids that are RCRA hazardous identifies exceptions from the general requirements 29, 1990). cannot be land applied as fertilizer

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under the Part 503 program.7 If the the RCRA corrosivity regulation.9 Only one federal agency, the corrosivity regulatory pH was changed However, they acknowledge that Occupational Safety and Health to pH 11.5 as petitioners request, lime adoption or reliance on GHS in Administration (OSHA), has chosen to stabilized biosolids (typically having a regulations is voluntary: revise its regulations to implement a pH of 12.0 or higher) would be Although the GHS standard is voluntary for modified version of GHS, for its hazard considered RCRA hazardous and U.N. member nations, the United States has communication standard (HCS), under ineligible for the Part 503 program. As chosen to adopt it. (page 54, petitioner the authority of the Occupational Safety hazardous waste, stabilized biosolids comments) and Health Act of 1970 (77 FR 17574, would be treated to reduce their pH to In support of their statement that the March 26, 2012).11 Two EPA programs below 11.5, so they would no longer be United States has chosen to adopt GHS, focused on regulation of chemicals hazardous waste (‘‘decharacterization’’ petitioners reference a U.S. State reference or rely on the OSHA HCS treatment and treatment for underlying Department website that encourages the regulations. The Emergency Planning hazardous constituents, which would be adoption of GHS by federal regulatory and Community Right-to-Know Act required by the RCRA land disposal agencies, and which notes that EPA (EPCRA) emergency response program restrictions (LDR) regulations; 40 CFR participated in a GHS implementation regulations require facilities to provide 268.40). Stockpiled biosolids with committee managed by the State state and local emergency responders lowered pHs show increases in Department. However, the petitioners with chemical hazard information using biological activity (EPA 1981), resulting misunderstand the role and authority of OSHA/HCS-required safety data sheets in the development of strong odors. this implementation committee. While (SDS) for chemicals they have on-site, and the EPCRA regulations have been 2. The Petitioners Assert That the seeking to facilitate adoption of GHS updated to be consistent with the new Agency Must Use the Globally criteria in appropriate federal regulatory OSHA requirements (See: 81 FR 38104, Harmonized System for the programs, the committee has no June 13, 2016). Under the Toxic Classification and Labeling of Chemicals statutory authority to require that Substances Control Act (TSCA), (GHS) as the Basis for the RCRA federal agencies adopt GHS in whole or regulations for significant new uses of Corrosivity Regulation in part in any of their regulatory programs. For example, while EPA has chemicals require a written hazard In the petition, and in comments on considered using GHS for product communications program to provide the Agency’s tentative denial, the classification or labeling under FIFRA, information to workers that may handle petitioners argue that the Agency should it has not done so (https://www.epa.gov/ chemicals that are part of this program. promulgate the guidance on corrosivity pesticide-labels/pesticide-labels-and- Employers may rely on existing hazard adopted by GHS as the RCRA communication programs established corrosivity regulation, and further ghs-comparison-and-samples; downloaded 03/02/20). The Consumer under the OSHA HCS regulations to argues that the Agency has a legal show compliance with the TSCA obligation to do so. As described in Product Safety Commission (CPSC) has also considered GHS but not program requirements. The Agency has greater detail in the tentative denial (81 proposed regulatory revisions to FR 21300–21302, April 11, 2016), GHS incorporated it into its regulations (https://www.cpsc.gov/content/policy- harmonize these EPA program is a technical guidance document requirements with the revised OSHA developed by coordination among of-the-us-consumer-product-safety- commission-on-the-globally- HC (81 FR 49598, July 28, 2016). several organizations of the United While the UN aspires to make GHS a Nations (U.N.), with the participation of harmonized-system-of). The Department of Transportation globally implemented system for many U.N. member nations, including evaluating and classifying the hazards the U.S., and other stakeholders.8 The (DOT) periodically updates its hazardous materials regulations (HMR) posed by chemicals and chemical goal of GHS was to create a single products, guidance such as GHS only hazard evaluation and labeling/ to ensure that they are ‘‘harmonized’’ with a variety of international has the force of law in the United States communication system that could be a if adopted and implemented as a global reference for chemicals and transportation safety standards, including GHS. ‘‘Harmonizing’’ requirement (or regulation) under the chemical products in transport, in the authority of specific laws (See GHS workplace and in commerce generally regulations generally means that although two sets of standards may be sections 1.1.2.6, 1.1.3). As guidance, (GHS, Forward, paragraph 2). GHS is GHS may be used by federal agencies on based on U.N.-sponsored technical somewhat different from one another, they are not inconsistent. DOT most a voluntary basis, consistent with their guidance on the safe transport and enabling statutes. The Agency did handling of dangerous goods as well as recently updated its regulations on May 11, 2020, including revising its review and consider the GHS corrosivity on national and international systems criteria and their underlying basis in for identifying chemical hazards in the definition of corrosivity. DOT notes that its revised corrosivity regulation does workplace. 10 modifying its regulation defining corrosivity, DOT The petitioners argue that the Agency not rely on pH extremes. specifically noted that its regulation does not rely has a legal obligation to implement the on pH extremes to define corrosivity, a somewhat 9 In arguing that the EPA must adopt the GHS different approach than GHS takes (See 91 FR GHS criteria on corrosivity/irritancy as corrosivity criteria as the RCRA corrosivity 27830, May 11, 2020). definition, petitioners also over-simplify GHS. In 11 The UNECE GHS implementation tracking 7 40 CFR 503.6 (e) on hazardous sewage sludge the petitioners’ view, ‘‘adopting GHS’’ in the website provides progress for all countries. For the states that the regulations do not apply to sewage current context means establishing pH 11.5 as the U.S., the latest reported activity by the EPA dates sludge that is hazardous waste. Therefore, pH 12 corrosivity regulatory value. In fact, the GHS to 2007, and the latest reported GHS activity for sludge classified as corrosive hazardous waste corrosivity criteria (GHS Chapter 3.2) also rely on CPSC is for 2008. (https://www.unece.org/trans/ (under the petitioners’ proposals) would be human exposure data, animal test results, and in danger/publi/ghs/implementation_e.html#c25877). ineligible for land application under the Part 503 vitro test results as preferred data sources, and The U.S. government has also not adopted GHS program. reliance on pH 11.5 only if other data are not criteria as the basis for waste managment controls 8 GHS was first published in 2003 and has been available. at U.S. military bases in foreign countries. For periodically revised; it is currently in its eighth 10 DOT’s most recent revision to its regulations example, there is no reference to GHS in the 2018 revision, published in 2019. See: https:// was published May 11, 2020 (91 FR 27810) in ‘‘Japan Final Governing Standards’’ at: https:// www.unece.org/trans/danger/publi/ghs/ghs_ which DOT focuses first on consistency with the www.usfj.mil/Portals/80/ welcome_e.html. U.N. Transport of Dangerous Goods guidance. In 2018%20JEGS.PDF?ver=2018-04-26-195301-487.

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responding to the rulemaking petition. requirements. Even if the U.S. were a may pose. The Agency has instead However, the Agency’s conclusion was party to the Basel Convention, the determined that it is appropriate to that direct use of the GHS criteria as a legally binding aspects of Basel are make waste management considerations corrosivity regulatory standard was not focused on transboundary movements of part of the basis for the corrosivity appropriate as the GHS criteria are waste (i.e., imports and exports), hazardous waste definition. intended to identify the inherent or through a system of notice and consent 3. The Petitioners Assert That the intrinsic hazards of chemicals or for such shipments between Agency Inadequately Considered chemical products (which are usually governments. The Basel hazardous Supporting Materials Submitted With associated with direct exposure to waste criteria apply only to such the Petition, and Other Facts Cited by chemicals), and do not consider how imports and exports of waste, and the Petition exposures in different settings, such as nations that are Basel Parties are not waste management scenarios of concern obligated to (but may, at their Petitioner comments on the tentative under RCRA, might reduce the actual discretion) use the Basel criteria in their denial argue at length (pp. 1–18) that the hazard posed. GHS is also a flexible domestic waste management programs. Agency focused too narrowly in the classification system, and a pH-based Having determined that reliance on tentative denial when considering the hazard determination can be rebutted GHS criteria in establishing regulatory WTC disaster dust, cement kiln dust and changed by other test data, whereas requirements is voluntary (consistent (CKD), and building demolition dust as RCRA hazardous characteristic with enabling statutes), the Agency examples of potentially corrosive dust determinations are not rebuttable (the turns to the question about whether or that warrant regulation. Petitioners criteria are codified in regulations that how GHS might be an appropriate basis believe the Agency inadequately can only be changed through for regulations under RCRA. The basis considered additional facts presented in subsequent notice and comment for GHS criteria is identified as ‘‘the the petition, and particularly rulemakings, and there is no delisting intrinsic hazard’’ of chemicals, and information in the supporting materials program for wastes that exhibit a implies direct exposure. GHS submitted with the petition, and in so hazardous characteristic). determinations of intrinsic hazard do doing, violated its obligations under the The petition and petitioner comments not consider possible material handling Administrative Procedure Act to on the tentative denial raised similar procedures that might mitigate risks or consider and respond to significant issues concerning guidance on the potential for waste or contaminant issues and facts brought to it during a corrosivity by the ILO and the Basel release, transport and exposure. RCRA rulemaking. Convention on Control of provides authority to regulate waste The tentative denial focused on the Transboundary Movements of either due to its intrinsic hazard (where WTC, CKD and building demolition Hazardous Wastes and Their Disposal such hazards are of a severe and acute dust discussions presented in the (Basel Convention, or Basel). As nature), or when a waste poses risk as petition because the petition focused on described in the tentative denial and the a result of mismanagement. However, these (See petition pp 28–36) in arguing background document supporting the EPA’s approach is in most cases to for regulation of non-aqueous waste. existing corrosivity characteristic regulate wastes posing risks when The Agency did in fact review and regulation (EPA, 1980), the Agency plausibly mismanaged, particularly consider the supporting material relied in part on the 1972 ILO guidance where a waste does not exhibit acutely submitted with the petition as well as on corrosivity, and also considered and highly toxic or other extremely the petition itself and the relevant other factors related to waste hazardous properties (see Footnote 6 documents cited in petition footnotes management in establishing the and 45 FR 33105–33109, May 19, 1980). (e.g., the Agency did not review the corrosivity regulation. While petitioners This means that as a practical matter, many news reports referenced in the believe the ILO guidance should be the under RCRA most hazards are identified petition, as there was no way to verify only basis for the RCRA corrosivity and risk is evaluated in the context of the information presented in them). The definition (i.e., that the Agency should waste management conditions and Agency also considered other directly promulgate the ILO practices. This was the reasoning the information identified as relevant to the recommended value as the RCRA Agency used in 1980 when it petition’s proposals, and information corrosivity regulation), consideration of considered both the use of lime for submitted by other stakeholders. In waste management factors is POTW sludge stabilization 12 and other doing so, the Agency concluded that appropriate and within the Agency’s waste treatment uses of lime, as well as aspects of the supporting material discretion in establishing elements of the 1972 ILO guidance values, in submitted were not relevant in national waste regulatory programs establishing the current RCRA responding to the petitioners’ specific (RCRA section 1004(5)(B); 42 U.S.C. corrosivity regulatory value. In urging request to revise the corrosivity 6903(5)(B)).¶ the adoption of GHS criteria as the basis characteristic regulation, while other The Basel Convention also addresses for the corrosivity regulation, the material was anecdotal or focused on the potential corrosivity of wastes, as petitioners are making the same illustrating the intrinsic hazards of some described in the tentative denial. argument as discussed elsewhere in alkaline materials. However, as Petitioners asserted in the petition and today’s Notice and in the response to petitioner comments have redirected the in their response to the tentative denial comments document: That the Agency Agency’s attention to the petition’s that the Agency is obligated to adopt the should base the corrosivity regulation supporting materials (PEER comments Basel Convention corrosivity definition. solely on assessment of the intrinsic pp 13–14), the Agency is presenting However, Annex III of Basel relies on a hazards potentially corrosive wastes more detailed information on its narrative definition for identifying examination and evaluation of those corrosive wastes, rather than directly 12 Lime continues to be used in treating POTW materials. relying on pH, as the petitioners suggest sludge (also known as biosolids) as well as in The supporting materials sent to the the U.S should do. Further, the United treatment of other wastes. Lime is used to increase Agency attached to the September 8, the pH of biosolids (usually to pH 12) to control States is not a party to the Basel bacterial growth and odors. (See: EPA, 1981, NRC 2011, petition consist of two documents Convention, and so has not obligated 1996; Krach e.al., 2008; The Lime Association, previously developed by petitioner Dr. itself to implement Basel Convention 2018). Jenkins (one dated 2007 and the other

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dated 2008), two pages from the 1972 28). The report also states that EPA On- petitioners’ preferred test method). ILO guidance document, and excerpts Scene Coordinators were on site on the These assertions disregard the fact that from several legal declarations and day the towers were attacked and corrosive chemical burns were not depositions. The two documents collapsed, and that regulations and identified among the reported injuries to developed by Dr. Jenkins provide guidance required them to do sampling first responders and others. They also additional information on her views to assess hazards, including pH disregard the variable composition and about the corrosivity of materials, testing.14 However, the Agency has been complexity of the dust and WTC worker among other issues. Different parts of unable to identify such data; apparently exposures (which include building these two documents were referenced in such pH testing was not done, or if materials reduced to fine and coarse the petition related to arguments the done, test results were not recorded or particulates, metals, a range of volatile petition was advancing. The Agency reported. and semivolatile organic chemicals and reviewed these two documents in their Review of the studies about which Dr. soot particulates from the ongoing fires) entirety in the course of developing the Jenkins expressed concern shows that that investigators were trying to tentative denial of the petition and investigators were evaluating pH and understand, as well as discounting the focused in particular on portions of the many other properties of the collected focus on public health concerns about supporting documents referenced by the dust samples.15 For example, Lioy exposure to fine, inhalable particulate petition itself.13 (2002) tested for metals, asbestos, anions matter 16 and asbestos. Petitioner The first document, dated May 6, and cations, dioxins, brominated fire assertions about dust pH also fail to 2007, is a report addressed to members retardants, and the size and composition account for the effect of contact with of the U.S. Senate and House of of different particulate fractions, in water on the pH of dust (from water use Representatives (i.e., Congress). It addition to pH. Plumlee et.al. (2006) for street washing, firefighting and dust consists of two sections, plus 342 evaluated settled dust samples collected suppression, as well as several rainfall endnotes. As described by the outdoors (31 different locations) and events beginning September 14), which document, Part 1 (pages 2–30) ‘‘details indoors (2 locations; all but one sample would have moderated dust pH, so that the orchestrated falsifications by EPA, collected by USGS on September 17 and as the dust changed, so did the other governmental agencies and EPA 18, 2001), for metals, organic chemicals, alkalinity of exposures.17 funded scientists of pH data (actually pH, alkalinity and specific conductance. Part 2 of the 2007 report Dr. Jenkins changing the numbers) as well as their Two different leaching tests were done sent to the Congress (pages 31–52) use of laboratory methods known to pre- to understand the chemical reaction of asserts that ‘‘Long before 9/11/01—EPA neutralize samples before testing the pH dust with water (from acidic rainfall on falsifies the pH level causing chemical of WTC dust.’’ This part of the September 14, and ongoing street burns (irreversible tissue damage-).’’ document criticizes the data collected washing, dust control, or firefighting) This part of the report describes the on dust related to the WTC disaster by and the potential for dust components petitioners’ concerns about the basis for a number of research groups, including to be absorbed by the throat and lungs the current corrosivity regulation. Much data and reports generated by the of those exposed. In a study done by of the material in this section of the United States Geological Survey EPA scientists (EPA, 2002), dust report was incorporated into the (USGS), researchers at Rutgers samples were tested for physical petition (see pp 6–24 of the petition) University, New York University (NYU), properties and chemical composition, and the Agency reviewed and the Agency for Toxic Substances and and were used in testing for the considered this material in developing Disease Registry (ATSDR), the EPA, the potential adverse effects of the dust on the tentative denial. The issues raised National Institute of Environmental laboratory test animals. by the petitioners in this discussion Health Sciences (NIEHS), and the Petitioners insist that pH of the whole focus on their belief that the corrosivity University of California, Davis. The dust was the key factor investigators characteristic regulations should scope of Dr. Jenkins’ assertions of WTC should have known to focus on consider only the inherent hazard of dust sample mishandling, improper evaluating, and also insist that dust pH waste materials, and not consider the analysis, and incorrect health values were higher than reported risks posed by possible exposure to assessments are broad. In different (because investigators did not use the materials when they are generated and portions of this discussion, the report managed as wastes. Petitioners believe 14 Report Endnotes 125–129 reference EPA describes data as being ‘‘falsified’’ (pp. Region 6 training materials, and OSHA consideration of any information in 3, 6, 14, 17, 19), samples being HAZWOPER regulations at 29 CFR 1910.120, addition to assessments of intrinsic improperly ‘‘pre-neutralized’’ before pH Appendix E. hazard resulted in a ‘‘falsified’’ testing (pp. 11, 12, 16), use of ‘‘non- 15 The pH of the vast majority of non-aqueous corrosivity regulation. The Agency samples cannot be measured directly. Rather, most optimal’’ testing to give ‘‘false’’ test pH testing of solid samples involves adding some 16 results (p.22), and asserted that amount of water to the sample before testing it For information on inhalable particulates see: researchers made false statements about using a pH meter, as described in EPA Method https://www.epa.gov/pm-pollution/particulate- matter-pm-basics. the significance of test results (p. 23). 9040B. When testing only the pH of a solid sample of waste, water is often added in a 1:1 ratio, as in 17 Mixing of water with atmospheric carbon The report goes on to identify the testing EPA Method 9045C. One of Dr. Jenkins’ concerns dioxide forms carbonic acid, which when mixed Dr. Jenkins believes would have been relates to the addition of water to WTC dust with the dust would have reduced the pH of the appropriate for the dust generated by samples in ratios higher than one part water to one dust. Therefore, the pH of dust to which workers the collapse of the WTC towers (pp 25– part waste (i.e., addition of more than one part were exposed would have declined over time water to WTC dust samples). However, most starting as soon as the dust was exposed to water investigators were evaluating the dust for (USGS 2002, American Chemical Society 2019, 13 The petition also references numerous other parameters and properties beyond pH and used Garrabrants et.al 2004). A major rainfall event sources of information in footnotes to the text, dilutions they believed appropriate for the purposes occurred on September 14 (Cahill, 2004). Also, a including research papers, government reports (and of their study. To the degree that investigators fully report by the EPA-Inspector General (2003) petitioner comments on a 2003 draft EPA Inspector describe the methods of testing and the amount of described the successful use of continuous dust General report), news reports and other material. water added to WTC dust samples in the course of suppression by spraying water wherever dust was EPA retrieved, reviewed and considered the most their research, it cannot be considered that they did identified at the site, as well as wetting of the relevant of these and made them available to the anything improper; they simply were not using the damaged building remains before their demolition public by placing them in the docket for the testing approach Dr. Jenkins believes would have (see pages 34–36). The last fires at the WTC site tentative denial. more directly responded to her concerns. were extinguished in December 2001.

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believed in 1980, and continues to 4. Petitioners Assert That Concluding damage case, petitioner comments believe, that incorporation of waste That WTC Exposures and Injuries Are a submitted in response to the tentative management considerations is RCRA Damage Incident Is Not Necessary denial seem to be inconsistent as to the appropriate and within the Agency’s To Support the Petition and Also relevance of the WTC disaster and discretion in establishing regulations Reiterate Their Assertion That WTC exposure of workers and others to the under RCRA (RCRA section 1004(5)(B); First Responder and Other Worker resulting dust. They assert that 42 U.S.C. 6903(5)(B)) including for the Injuries Are a Result of Exposure to identification of WTC worker injuries as corrosivity characteristic. Corrosive WTC Dust (Comments Pages corrosive injuries is not a critical aspect 15, 105–124).18 of their argument supporting a change to The second document, also developed the corrosivity regulations, but later in by Dr. Jenkins (dated October 13, 2008), When the WTC towers collapsed after being attacked, an estimated one million their comments reiterate arguments is described as a supplement to the May from the petition that WTC worker 6, 2007 report sent to Congress, and was tons of construction materials and the buildings’ contents were pulverized into injuries are corrosive injuries. addressed to the Federal Bureau of Petitioner comments first assert that it dust and debris, forming a dust cloud Investigation (FBI). The first section of is ‘‘[i]rrelevant whether WTC dust, that distributed the dust over a 16-acre the report identifies statutes petitioners caused corrosive injuries. . .’’ because area of New York City. Destruction of they believe that ‘‘[o]ther physical forms believe may have been violated by the towers also resulted in numerous EPA’s corrosivity characteristic of corrosives . . . whether pH 11.5 and fires, which burned for several months above or pH 12.5 and above have caused regulation (see pp 2–9), based on their after the collapse of the towers disagreement with the Agency’s basis injuries’’ (see page 15 of petitioners’ (Chemical & Engineering News, 2003). comments). Petitioner comments then for establishing the regulation. The The petition identified injuries to first second section of the report is a reference the materials submitted with responders and rescue and other and in support of the petition (i.e., the recounting of historical incidents in workers resulting from inhalation which people were injured when reports developed by Dr. Jenkins from exposure to airborne or settled WTC 2007 and 2008 described above) as directly and purposely exposed to lime dust as a waste mismanagement damage adequately supporting the petitioned (pp 10–17). The third section of the incident that they believed supported changes to the corrosivity regulation, report is generally a reiteration of the need to revise the RCRA corrosivity regardless of conclusions about the petitioner criticisms of the basis for the regulations. This assertion was one of effects of WTC dust. Other parts of corrosivity characteristic regulation the petitioners’ main arguments petitioner comments on the tentative taken from the 2007 document. This supporting their request for changes to denial repeat the petition’s assertions section also criticizes the Agency’s the corrosivity regulation definition. that corrosive properties of the WTC Report to Congress on Cement Kiln Dust The Agency discussed this issue at dust caused the injuries (particularly (59 FR 709, January 6, 1994) and length in its tentative denial of the respiratory injuries), reported by first presents assertions regarding WTC dust rulemaking petition. (81 FR 21302– responders and other workers evaluation. Much of the material is 21305). Specifically, the Agency made subsequent to their work on the site directly taken from the 2007 document two main arguments concerning (see, e.g., pp 108–118 of petitioners’ (see pp 27–56), including repeating petitioner assertions that the WTC dust comments). As petitioner comments several of the graphs/tables/figures (see caused corrosive injuries to first reiterate their earlier assertions about responders and other workers at the pp 11–24 of 2007 report). the corrosive properties of the WTC WTC site. These are: (1) Because of dust, EPA is responding in today’s The many examples of direct limitations of the available data (i.e., the exposure to alkaline materials described Notice to those assertions, to make clear complexity and variability of the dust its conclusion that information in the 2008 document (to the FBI) composition and exposure levels), it is concerning WTC dust and worker reiterate the petitioners’ view that the not possible to establish a causal exposures and injuries cited by the Agency should regulate corrosive connection between any potential petitioners does not support the materials based on assessments of the corrosive properties of the dust and the petitioners’ overall request. intrinsic or inherent hazards they may injuries to those exposed; and (2) the While the considerable amount of pose from direct exposure, rather than injuries documented to have occurred in research on WTC worker health makes risks that might be posed in the course the WTC first responders and others clear that injuries to WTC workers of waste management. As noted above, exposed to potentially harmful dust, resulted from their exposure to the WTC the approach advocated by the while serious, are not corrosive injuries dust,19 the existing data do not support petitioners is used by GHS, where as described in the 1980 background attributing the injuries to possible classification is intended to be based on document (EPA 1980) and which the corrosive properties of the dust. As the ‘‘intrinsic hazard’’ of chemicals, not Agency sought to prevent in described in the tentative denial, and on risk (although GHS does not rely on promulgating the RCRA corrosivity elsewhere in today’s Notice, it is not pH to define materials as corrosive if regulation. possible to establish a causal connection While the petition asserted that the any other data are available; see GHS between the potential corrosive WTC exposures are a corrosive waste sections 1.1.2.6, 1.1.3.1, 3.2). Again, properties of the dust and the resultant injuries to those exposed for two risks that might be posed in the course 18 The possibility of exposures to asbestos used as of waste management is an appropriate fireproofing in parts of the WTC towers was an reasons. First as described in the basis for the corrosivity regulation, and immediate and significant public health concern is within the Agency’s discretion in when the towers collapsed, and many studies of 19 See data collected by NIH (https://disasterinfo. WTC dust and airborne materials focus on asbestos. nlm.nih.gov/wtc-hazards), the City of New York 9/ implementing RCRA. However, as petitioners requested regulatory 11 Health index of studies (https://www1.nyc.gov/ changes and materials submitted supporting this site/911health/researchers/wtc-scientific- request do not focus on the presence of asbestos in bibliography.page), the September 3, 2011 edition air or dust samples, the Agency has not addressed of The Lancet (Volume 378), and many other asbestos issues in either the tentative denial or scientific journal publications (see Bibliography for today’s Notice. the tentative denial and today’s Notice).

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tentative denial, WTC first responders, samples there were measurable amounts compound petitioners repeatedly cite as site workers, and others were exposed of 39 different metals and inorganics, a key compound of concern.25 or potentially exposed, from 9/11/2001 and up to 22.8% organic compounds. The National Institute for until the clean-up concluded (January These samples also contained a range of Occupational Safety and Health 26 2002), to a complex and changing particulates, including fine glass fibers (NIOSH) conducted ambient air and ambient atmosphere that included many and fine and coarse particulates to worker breathing zone monitoring for a chemicals and particulate matter, as which workers were potentially exposed range of possible air pollutants from represented by evaluation of settled dust at different locations around the site at September 18–October 4, 2001 (CDC, samples as well as ambient air test different times, as well as being exposed 2002). Samples were collected in areas results, and which was unique to the to the toxic metals and organics. The pH immediately adjacent to the debris pile, 20 WTC debris and dust. Attribution of of the tested dust would have declined and for individuals actively involved in the WTC first responder and worker (become more neutral) over the several rescue efforts or working in the vicinity injuries to a single cause or property of months workers were at the site, due to of the debris pile. These samples were found to contain measurable amounts of the WTC dust, such as its potential carbonation reactions of some dust asbestos, carbon monoxide (CO), diesel corrosivity, is confounded by the wide constituents with water and exhaust, hydrogen sulfide (H S), range and varying concentrations of atmospheric carbon dioxide (as well as 2 numerous compounds found in air inorganic acids, mercury and other the acidic nature of rainfall).22 In samples or settled WTC dust, and the metals, polycyclic aromatic another study, test results for three changes in dust properties (particularly hydrocarbons (PAHs) and volatile samples of settled dust collected on pH) over time. 21 In one data set, the pH hydrocarbons, and total and respirable values reported for the outdoor dust September 16 and 17, 2001 showed pH particulates. Sulfuric acid was detected ranged from pH 8.22 to 12.04 for values of 9.2–11.5, and that 40% of the in 26 of 27 samples, with all levels less samples collected at 33 locations at the dust consisted of fine glass fibers, 9%– than the NIOSH recommended exposure WTC site on September 17 and 18, 2001 20% was cellulose, and 37%–50% was level (REL) and OSHA permissible (Plumlee, et al. 2006). In 22 of these non-fiber material including exposure level (PEL).27 Mercury and construction debris (concrete, gypsum) other metals were well below the 20 In many industrial settings, the same or very and inorganic and organic chemicals relevant NIOSH and OSHA standards, similar waste is generated on an ongoing or (Lioy, et.al. 2002).23 Several rainfall with the exception of exposure of one repeated basis because of the ongoing production of events starting on September 14 and worker using a cutting torch exposed to particular products. While waste varies, the wastes generated over time by a particular industrial through the first half of October, as well cadmium at levels exceeding the OSHA process often have some consistency and are as use of water for firefighting and dust PEL. PAHs were found only at trace generated under conditions defined by the control at the site would have washed levels, and benzene was the only production process, making it easier to identify and out many soluble inorganic constituents assess hazards that may be posed by the waste. volatile organic found in 2 of 76 However, the WTC dust and debris were both from the outdoor dust and also changed samples at levels exceeding the NIOSH unique to the events of 9/11/2001, had a complex its pH (Lioy, 2002; Plumlee, 2006, and REL, but below the OSHA PEL. For total and varying composition at different WTC locations Cahill, 2004). A report by the 9/11 WTC particulates, values ranged from non- and over time, and workers and others were 24 exposed to it in a range of different settings, Health Program presented an conditions, and time periods. Rainfall on 9/14/ inventory of ‘‘9/11 Agents’’ that were 25 The petition and petitioner comments on the 2001, and other days also altered the properties of identified that may have posed hazards Tentative Denial both reference calcium oxide as the settled dust through carbonation reactions posing a significant hazard. While Portland cement (reducing its pH), as did water used for firefighting at the WTC site, the Pentagon crash site, powder contains calcium oxide, this compound is and dust suppression. NYC rainfall in 2001 had an or the Shanksville, PA crash site (WTC converted to calcium hydroxide and other calcium average pH of 4.4, which also contributed to Health Program 2018; https:// compounds in hardened concrete when water is neutralizing the dust (National Atmospheric wwwn.cdc.gov/ResearchGateway/ mixed with the cement powder. The hydration Deposition Program, 2001). Workers were also _ _ _ reactions of cement powder give the resulting exposed to smoke from the fires, the last of which Content/pdfs/Development of the concrete its strength and hardness. (Northwestern was not extinguished until December of 2001. Inventory_of_9-11_Agents_ U. website and U. Illinois website). Petitioners Further, there are not reliable records of where at 20180717.pdf). The inventory includes hypothesize the presence of calcium oxide in the the WTC site particular workers worked, the days 352 chemicals or other materials (e.g., WTC dust (see petition page 27), although studies they worked at different locations, their duration of of WTC dust fail to identify it as present, and work each day, and the composition of dust at those glass fibers, PM2.5). In addition, the 9/11 petitioners identify no studies presenting data parts of the WTC site over time. These factors, in Agents inventory does not identify pH showing calcium oxide as present in WTC dust combination with the fact of incomplete exposure as a stressor, and while it does include samples. Even if some calcium oxide was present data make it impossible to identify causal some alkaline chemicals cited by in the dust when the towers collapsed, it would relationships between particular exposures and have combined with ambient water vapor (i.e., adverse effects beyond the broad conclusion that petitioners as posing hazards (i.e., humidity) or water from rainfall, fire-fighting or many workers exposed to the dust and other calcium hydroxide and calcium sulfate), dust suppression, and would be unlikely to be pollutants present have experienced respiratory it does not include calcium oxide, a present in the dust for more than a day or two, if injuries and other adverse effects related to their ever. exposure. 26 NIOSH is part of the U.S. Centers for Disease 21 Reviews of compiled data on compounds in the 22 The National Atmospheric Deposition Program Control and Prevention (CDC), in the U.S. settled dust and/or air samples found up to 287 2001 Annual Report identifies rainfall in the NYC Department of Health and Human Services. NIOSH different chemicals or chemical groups (EPA 2003), area to have a pH of approximately 4.4. A pH of is a research agency focused on the study of worker or up to 352 different materials and chemicals 7 is neutral, and values below 7.0 are acidic, while safety and health. Among other activities, NIOSH (WTC Health Program 2018). Lioy (2006) identified values above 7.0 are basic, or alkaline. Also, develops recommended exposure limits (RELs) for a sequence of 4 distinct exposure categories over NOAA’s ‘‘Records of Climatological Observations’’ hazardous substances or conditions in the time, each with somewhat different mixtures of recorded rainfall of 1.9 inches in NY Central Park workplace (See NIOSH Pocket Guide to Chemical pollutants, starting with collapse of the towers on September 14, 2001, three days after the disaster. Hazards, at: https://www.cdc.gov/niosh/npg/ through December 29, 2001, plus one additional https://www.ncdc.noaa.gov/cdo-web/search. default.html). category for indoor exposures. They also identified Accessed July 15, 2020. 27 OSHA is the Occupational Safety and Health the lack of an analysis of patterns of population 23 Also identified in the three samples were: 24 Administration, which is part of the U.S. exposure, and failure to test for airborne gases and metals, seven pesticides, PCBs, 40 different PAHs, Department of Labor. Among other activities, OSHA coarse particulates in the first hours following 82 semi-volatile organic compounds, 17 PCCDs and develops regulations to establish permissible collapse as significant data gaps that preclude PCDFs, and 6 PBDE flame retardant chemicals. exposure levels (PELs) for worker exposure to quantitative exposure characterizations for most 24 The 9/11 WTC Health Program is administered airborne chemicals in the workplace (See: 29 CFR people. by CDC/NIOSH. 1910.1000).

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detect to 2.3 mg/m3, with all samples population, also without a detailed Petition and comments on the tentative below the NIOSH REL for Portland description of the injuries. Huang et al., denial. Those information sources cement (10 mg/m3). Respirable (2012) found skin irritation/rashes in describe the manner in which dust and particulates ranged up to 0.32 mg/m3, 12% of area residents and rescue/ other samples were collected, the dates well below the NIOSH REL for Portland recovery workers 3 years after 9/11, and and locations for data collection, sample cement (5 mg/m3). These data do not in 6% after 6 years of WTCHR handling procedures, and sample testing support petition assertions that both participants (n=42,025). None of these methods. As discussed above, large and small airborne particulates studies identified serious skin injuries investigators were evaluating a number would have posed corrosive hazards to occuring in the groups studied. of different properties of the dust and exposed workers, as all these data show Lippmann et al. (2015) reviewed and re- used tests they believed were suited to that WTC worker breathing zone evaluated many of the previously assessing the dust properties they were concentrations of dust were published test data and reports of interested in investigating. The dust pH substantially below both regulatory and adverse effects in WTC first responders, was tested for many samples, using health recommended concentration worker and others. They hypothesized several different approaches, although values for cement dust, which that the unique conditions caused by no investigators used the petitioners’ petitioners focus on as presenting the the WTC tower collapse resulted in preferred test, EPA Method 9045. greatest hazards. greater inhalation of large and coarse Maslow et al. (2012) studied the particles (consisting of concrete and Petitioners believe EPA’s reliance on pH health impacts of different exposures to gypsum dust, and synthetic vitreous data collected using tests other than local residents or individuals (n=785) fibers) than would be expected to occur, Method 9045 is inappropriate and who worked in buildings near the WTC and that these larger irritant particles violates the Agency’s data quality site, but which were not severely are likely to have caused many of the policies and obligations. However, the damaged. They found dose-related respiratory injuries in exposed WTC pH data the Agency has relied on is the pulmonary function decrements workers and others. However, the WTC dust pH data that exist; there are associated with acute exposure to the existing data are inadequate to establish no WTC dust pH data developed using WTC dust (exposure on the day the the air concentrations of dust Method 9045 that the Agency is aware buildings collapsed) and to chronic components and pH of the material they of, and the petitioners have not 28 exposure (from indoor dust). Lower believe are responsible for the identified nor provided the Agency with respiratory symptoms were evaluated respiratory injuries identified in the any WTC dust pH data collected using using spirometry testing of forced WTC population, so no quantitative Method 9045. The Agency has therefore expiratory volume and other measures, correlations between exposures and relied on the existing data that it but no corrosive injuries were reported. adverse effects can be assessed or believes are most relevant for evaluating A study of children enrolled in the WTC identified. Further, as discussed above, WTC first responder and rescue/ Health Registry initially found a these injuries, while serious, are not recovery/debris removal worker and significant increase in new asthma cases consistent with the gross tissue injuries other exposures, despite any associated with exposure to the dust the Agency sought to prevent in shortcomings. The petitioners’ cloud on 9/11/2001 (Thomas, et al., regulating some wastes as hazardous assertions about the results that may 2008), and later found that younger due to their corrosive properties. have been produced by evaluating the children exposed to the dust cloud on Finally, the composition of the large dust using Method 9045 cannot 9/11/2001 had a significant increase in particle dust Lippmann believes to be substitute for the data that do exist. respiratory symptoms while older the cause of WTC worker respiratory Because the different investigators children showed a non-significant injuries appears to be unique to the describe their methods and approaches increase. No corrosive injuries were WTC disaster, making the WTC for evaluating the dust and potential reported to have occurred in the circumstance a poor example of the exposures in published articles (or in children studied. Brackbill et al., (2006) potential hazards indicative of and some instances, on government reported skin rash/irritation in 4% associated with nationwide waste (AOR1.7; p<0.05) of adult survivors of websites) presenting the results of management practices. research, the test results and their collapsed or heavily damaged buildings In their comments (pp. 105–107), relevance to the questions petitioners who were caught in the dust and debris petitioners repeat the petition’s raise can be evaluated. Therefore, while cloud, excluding rescue/recovery criticisms of data published on the not the testing petitioners would have workers (World Trade Center Health composition and properties of WTC recommended, petitioner assertions that Registry (WTCHR) data; n=8418). Perritt dust (particularly its pH) to which et al. (2011) reported skin conditions in workers were or may have been these data are somehow fraudulent, and 4% of WTC workers/volunteers exposed, and criticize the Agency’s that the Agency has used them (n=7,810), but did not clearly identify reliance on these data in the tentative inappropriately, are baseless. the types of skin conditions reported denial. The petitioners’ comments argue The tentative denial also described (some may have been traumatic injuries that in relying on these data as part of the types of injuries WTC workers such as abrasions, blisters and the basis of the tentative denial, the exposed to the dust have experienced contusions). They also reported eye Agency fails to adhere to EPA data (81 FR 21303; April 11, 2016). One of ailments/illness in 9%, and traumatic quality and integrity guidance.29 The the most frequent types of injury eye injuries in 6% of the study tentative denial and today’s Notice identified in WTC workers are different identify the sources of all data on WTC types of chronic decrements in 28 The dose, or exposure levels in this study were dust and aerosols that have been relied respiratory capacity. However, as based on estimates of the amount of time and distance from the towers individuals reported on on in evaluating and responding to the discussed in the tentative denial, these the day of the tower’s collapse (for acute exposure) injuries, while quite serious in many and the thickness of the dust layer in homes, 29 See: Guidelines for Ensuring and Maximizing cases, are different from the injuries the cleaning activity, and the amount of time spent in the Quality, Objectivity, Utility and Integrity of Agency sought to prevent in different settings where dust was found. As this was Information Disseminated by the Environmental a retrospective study, no testing of dust Protection Agency, EPA/260R–02–008, October establishing the corrosivity composition or properties was conducted. 2002. characteristic regulation, and the

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available data do not establish a causal similar exposures, prevent corrosive and landfilling it at the Fresh Kills connection between dust pH and these injuries. Petitioners discussed this landfill. injuries. Petitioners have in their question in both the petition and in However, the available data do not comments identified no studies their comments (pp. 96–97) on the lend themself to identifying waste and reporting gross corrosive injuries (as Agency’s tentative denial of the petition. waste management related exposures to described in the 1980 corrosivity The Agency examined this question workers, as distinct from other regulation background document) in extensively in the tentative denial and exposures. The petition’s discussion of WTC first responders, workers at the concluded that the injuries suffered WTC exposures comingled all potential site, or others. (See petitioner comments were not corrosive injuries as that term exposures to all potentially exposed pp. 108–115) has been used in the background people in all settings and did not Petitioners further criticize the support materials for the RCRA attempt to distinguish worker exposures Agency as conducting a biased and corrosivity regulation (81 FR 21302– that may have been related to waste incomplete review of the available data. 21304; April 11, 2016).30 In addition, management activities from exposures The Agency conducted an extensive the petition did not identify how resulting from other activities or in review of petitioner submitted data as revised RCRA corrosivity regulations other settings. This issue is important in well as additional relevant materials could change waste management considering the petitioners’ requests, as identified by the Agency (approximately practices to prevent injuries in some RCRA regulations can only apply to 400 references were placed in the public future incident that could cause waste and waste management docket supporting the tentative denial), exposures similar to those at the WTC activities.31 Further, there are situations and additional studies have been disaster site. In response to comments in which determining the RCRA reviewed in the course of developing on the tentative denial submitted by regulatory status of a material (i.e., today’s Notice and response to petitioners and others, the Agency whether it is a waste, and if it is a waste, comments document. As the published examines these issues again in today’s whether it is also a hazardous waste) scientific literature on the WTC disaster Notice and comes to the same requires careful consideration, and the is voluminous, comprising hundreds of conclusions as in the tentative denial. events at the WTC site represent such a studies addressing a range of topics, the Further, petitioners themselves case. Agency has focused its efforts on data it acknowledge that establishing that WTC The WTC disaster presented a unique believes to be most relevant to assessing first responders, workers and others and complex set of worker activities and the petitioners’ requested regulatory suffered corrosive injuries is not a potential exposures. At different (and revisions, including several studies critical part of their overall argument for frequently overlapping) times, first noted in petitioner comments. This revising the corrosivity regulation (See responders, volunteers and hired review has included primarily data on petitioners’ comments p. 15). contractor workers cleared debris for WTC dust composition and properties transport to the Fresh Kills landfill in (both as settled dust and as airborne 5. The Petitioners Assert That EPA the course of searching for survivors and material) and data on the adverse health Misunderstands the Applicability of later, to recover human remains. While effects experienced by first responders, RCRA Regulations to the WTC Dust and collection, loading, transport and site clean-up workers, and others Debris (Petition pp 67–70) deposit of WTC dust and debris at the potentially exposed to the dust and In comments on the tentative denial, landfill would normally be considered other pollutants present at the WTC site. petitioners state that ‘‘EPA was waste disposal operations, this case may Petitioners also argue that in contending that there were no ‘‘solid be more complex. A primary activity at responding to the petition, the Agency wastes’’ or ‘‘hazardous wastes’’ from the the Fresh Kills landfill was sorting/ did not adequately consider its own WTC that would be subject to any RCRA screening and examining all of the dust guidance on evaluating the hazards that regulations.’’ The petitioners’ discussion and loose debris sent there, to identify might result from exposure to more than goes on to reference the discussion on and recover any human remains or one chemical. Developing a pages 83 FR 21304–21305 of the personal property of victims. The comprehensive and detailed tentative denial and concludes that: sorting/screening work was also understanding of the adverse health ‘‘Clearly, the debris and dust from the directed at recovering parts of the effects suffered by first responders, WTC WTC collapse met the definition of solid airliners used to destroy the towers for workers and others resulting from their waste under RCRA’’. possible future use as evidence in a trial exposures at the WTC site is important The discussion of RCRA applicability or legal proceeding.32 Because of these work that is ongoing by many in the tentative denial responded to the researchers, and parts of the Agency’s petition’s failure to describe how the 31 While all exposures to WTC dust may have technical guidance on evaluating posed some hazard, only exposures resulting from proposed changes to the RCRA waste or waste management can be controlled using multiple or cumulative exposures may corrosivity regulation could have RCRA regulations. To be considered a RCRA solid be helpful in these efforts. However, the reduced the hazards to the WTC first waste a material must be disposed of or abandoned, Agency’s purpose in issuing the responders and other workers, the local as described at 40 CFR 260.10–261.2. Some of the highest exposures to WTC dust, such as on the day tentative denial and today’s Notice is residents, and others. The tentative much narrower. In responding to the of the disaster, are clearly not related to waste or denial did not imply that the Agency waste management activities. petitioners’ requests for specific believed no waste management occurred 32 In a 2011 study, Ekenga, et. al., reported that revisions to the RCRA corrosivity in the course of clearing and removing 4257 human remains, and 54,000 personal items characteristic regulation, the Agency’s debris from the site and transporting were recovered from the dust and debris through purpose in examining WTC exposures the screening done at the landfill site. The Agency has never considered human remains or material and the resulting adverse health effects 30 GHS relies on the same type of serious injury that contains human remains to be waste. Also, is to understand whether corrosive for defining corrosive materials as does the 1980 material that has ongoing potential use as evidence injuries resulted from dust or other Corrosivity background document. GHS Chapter in legal proceedings is not considered waste until exposures related to waste management 3.2.1.1 states: ‘‘Skin corrosion refers to the such proceedings conclude and the material is no production of irreversible damage to the skin; longer needed. See: 70 FR 74881, December 16, at the WTC site, and whether revisions namely, visible necrosis through the epidermis and 2005, and EPA policy memos dated September 5, to the corrosivity regulation could, in into the dermis occurring after exposure to a 1989; May 9, 1990; January 15, 2010, and August some future incident that might result in substance or mixture.’’ 11, 1988.

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ongoing recovery operations, loose submission presented estimates of the site, the properties of the dust to which debris at the landfill would likely not be potential impact of the regulatory workers may have been exposed was considered discarded, and so waste, revisions being sought by the petitioners also of varying composition and the pH until the recovery operations were on different industries. The Agency of the dust varied at different parts of completed, on July 26, 2002 (Ekenga et reviewed and placed these submissions, the site and changed over time with al., 2011; Cone et al., 2016).33 The other as well as other communications with exposure to water and ambient air. Also, major types of debris cleared from the the industry stakeholders, in the public many WTC dust measurements showed WTC site were large chunks of docket supporting the tentative denial. pH values less than pH 11, and so these 34 concrete, and the steel beams that The tentative denial noted that the data did not support a change in the supported the buildings. The pieces of industry estimates were in the docket, regulatory pH value to 11.5. concrete would generally have been and that the Agency did consider them considered waste when being handled but did not evaluate or attempt to verify The Agency has separately assessed for transport to the landfill (although them (See 81 FR 21306, April 11, the hazards of CKD, and despite its high some may have been recycled), and 2016).35 pH (pH 10–13), did not find corrosive many of the steel beams were sold as Petitioner comments assert that the injury to potentially exposed workers.37 scrap metal for recycling (https:// Agency significantly and improperly The Agency further identified a number www.chicagotribune.com/news/ct-xpm- relied on the industry impact and cost of studies of cement plant workers, 2002-01-27-0201270268-story.html; estimates in developing the tentative including two reviews of these studies. https://edition.cnn.com/2002/WORLD/ denial and argue that RCRA does not In 2005, the United Kingdom Health asiapcf/east/01/23/china.wtcsteel/). allow the consideration of economic and Safety Executive published a The overlapping nature of rescue, impacts in developing RCRA Hazard Assessment Document focused recovery, firefighting, demolition and regulations.36 However, the rationale for on Portland cement dust exposures that debris removal activities at the WTC tentatively denying the petitioners’ reviewed 15 studies of exposures to and disaster site, and screening for requests is discussed extensively in the adverse health effects occurring in recoverable materials at the landfill, tentative denial, and the tentative denial cement plant workers. Fell and Nordby makes it very difficult to distinguish is not based on the potential economic (2017) conducted a systematic literature between conventional waste impacts of the petitioners’ proposals. review that identified 26 research management-related activities and their Rather, the discussion in the tentative publications focused on cement plant potentially associated exposures, and denial focuses on evaluating the exposures and non-malignant exposures unrelated to waste available data on exposures to and respiratory effects. While some adverse management, and therefore to identify adverse effects on workers exposed to effects of exposure were identified, hazards attributable to waste and waste materials the petitioners identified as neither of these reviews identified management activities. It remains being of concern and as illustrating the unclear whether or how the RCRA need for revisions to the RCRA corrosive injuries among the exposed corrosivity regulation revisions sought corrosivity regulations. It does not workers. These studies do not by the petitioners may have in this case reference the industry estimates of distinguish between production and (or could in some future case that may possible economic impacts from a waste management-related exposures at be similar) prevented the worker (and regulatory change. The key data the the cement plants; however, CKD and other) exposures and injuries, nor do the Agency considered in coming to its cement are very similar in composition, petitioners clarify this nexus in their conclusions include the properties of and some cement plant worker petition or their comments on the and exposures to dust at the WTC exposures would have included CKD tentative denial. disaster site, cement manufacturing handling and management. Also, many facilities, and building demolition of the reviewed studies were of cement 6. The Petitioners Assert That the production outside the U.S., where Agency Improperly Considered the events; the type and severity of adverse health effects attributable to these worker safety protections may be less Potential Impact of the Requested stringent, and exposures may have been Corrosivity Characteristic Revisions exposures; and consideration of whether the materials were wastes under RCRA. higher than is typical in the U.S. The Petitioner comments assert that in As discussed above, the adverse effects investigators presenting these studies developing the tentative denial, the associated with these exposures were conducted medical examinations of the Agency improperly considered not corrosive injuries of the type or exposed workers to identify adverse information provided by industry severity the Agency sought to prevent in health effects that may be associated stakeholders on the possible impacts of establishing the corrosivity with their workplace exposures. The changing the corrosivity regulation characteristic regulations. At the WTC lack of corrosive injuries in these (petitioner comments pp 39–48). While exposed worker populations indicates the tentative denial was being 35 The Administrative Procedure Act requires the that the CKD and cement dust exposures developed, industry stakeholders met Agency to consider all public comments on the do not result in corrosive injuries, and Tentative Denial. The industry stakeholders with and submitted to the Agency so do not support a need to revise the information describing their concerns submitted the same information on possible impacts to industries referenced in the tentative RCRA corrosivity regulation. These about the regulatory changes sought by denial as comments on the tentative denial, so the reviews and many of the publications the petition. Part of the industry Agency is obligated to consider them here. reviewed are discussed in greater detail Although the Agency considered these comments 33 These two studies of workers transporting and EPA did not fact-check or attempt to verify the 37 As discussed in the tentative denial (81 FR handling debris at the landfill did not present any specific industry estimates because they were not quantitative data on debris composition and part of the basis for EPA’s decision-making. The 21306, April 11, 2016) CKD is an air pollution properties, nor possible exposures from these Agency did not develop its own assessment of control residue from cement manufacturing operations, so it is not possible to identify hazards potential impacts of revising the corrosivity activities, for which EPA has made a RCRA status that might have been mitigated by RCRA regulation, as the available data on exposures and determination. See 60 FR 7366, February 7, 1995 regulations, where they might have been applicable. health effects did not support the need to revise the and EPA 1997 (Ref: Population risks from indirect 34 Petitioners’ requested revisions to the RCRA corrosivity regulations. exposure pathways and population effects from corrosivity characteristic regulation could 36 See, Utility Solid Waste Activities Group v. exposure to airborne particles from cement kiln potentially apply to pieces of broken concrete. EPA, 901 F.3d 414 (D.C. Cir. 2018). dust waste, EPA, August 1997 Draft).

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in the response to comments document contractor, one was the WTC site, which solid, other material was liquid. No accompanying today’s Notice. is addressed extensively elsewhere in injuries to workers or others were Data from instances of dust exposure this Notice, and four identified acids reported. resulting from building demolitions only or no corrosive material. Of the Petitioners also raise a concern that identified by petitioners may have remaining 16 incidents, pH data were the tentative denial did not specifically established that there have been reported for eight, with four showing pH address the several states that have exposures in these settings, but it did values above 12.5, two reported values waste corrosivity regulations that are not identify any corrosive injuries in less than pH 11.5, and three reported more stringent or broader in scope than people exposed. Further, these data between pH 11.5 and 12. At one the federal regulations, although examples pose the question of site without pH data, some amount of materials related to these state programs distinguishing situations and hazards sodium hydroxide was reported, which were included in the rulemaking that might involve waste or waste would potentially be a newly regulated docket.38 Under RCRA, states may be handling (which may be subject to hazardous waste under the petitioners’ authorized to implement the federal RCRA), from materials, activity or proposals. CKD mismanagement over hazardous waste regulatory program hazards not related to waste or waste the period 1984–1993 was identified as within their state, and most states have management. The information available the cause of environmental damage at sought and received such authorization to the Agency in this case is not nine of the 16 incidents identified, all (RCRA 3006(b)). States are also allowed adequate to distinguish waste-related of which were reviewed in the 1994 to set more stringent regulatory exposures from other exposures, CKD Report to Congress (see: 59 FR 709, standards for wastes generated or particularly for the WTC and building January 6, 1994 and Tables 5–2 and managed in their state, and a number of demolition exposures; nor do 5–3 of the report). For seven of these, states have broadened the scope of their petitioners make a distinction between data ranging from pH 11.0–13.6 were hazardous waste management waste-related and non-waste exposures reported. None of the incidents reported regulations beyond the federal in the petition or their comments on the worker or other injuries either before or requirements. These changes may be tentative denial. Because the available during remediation. intended to address hazards from wastes data did not identify corrosive injuries These incidents illustrate the fact that that are particular to that state, may resulting from dust exposure, including potentially corrosive wastes have in the reflect state regulatory policy choices dust exhibiting pH values between 11.5 past, and may potentially in the future, that are different from federal and 12.5, and were not adequate to be mismanaged. However, when regulations, or for other reasons. These identify waste-management related considered together, these incidents do regulations apply only to waste exposures (as distinct from other not clearly argue either for or against generated or managed within the state. exposures), the Agency concluded that revision of the current corrosivity Several states have expanded the the regulatory revisions requested by the regulation. The wastes at several sites scope of the RCRA corrosivity petitioners were not warranted. had pH values less than the petitioners’ regulation for wastes in their states, requested value of pH 11.5 (and so including California, Washington, New 7. Other Petitioner Comments would not be regulated under the Hampshire, Vermont and Rhode Island. The petitioners also expressed proposed revisions), several others All of these states expanded their concern that the Agency’s tentative reported pH values above the current definitions of corrosive waste to include denial inadequately considered regulatory standard (and were aqueous non-aqueous wastes, but all retained the materials on other possible corrosivity wastes), and so were already regulated RCRA regulatory value of pH 12.5 (or damage cases and the corrosivity as RCRA corrosive hazardous waste. higher). However, Rhode Island has regulations of several states that differ Wastes at the three sites with pH withdrawn its regulation for non- from the federal regulations (state waste between these values would be newly aqueous corrosives.39 California management requirements may be more regulated under the petitioners’ regulates solid corrosives, but excludes stringent that the federal requirements). proposed revisions. Two of these sites waste concrete, cement, cement kiln The Agency did identify information on had leachate or ponded water dust and clinker from regulation as these two topics in the course of contaminated with CKD, and the third corrosive hazardous waste.40 The developing the tentative denial, and this was a drum reconditioner site. Agency collected some data on wastes information was placed in the public Petitioners comments also identify a regulated under these expanded state docket. However, these issues were not National Priorities List (NPL or programs, but they were of limited value discussed in the tentative denial Superfund) site not considered in the in considering the petitioners’ requests. because the Agency concluded that the tentative denial, where caustic soda California’s waste identification codes available information did not strongly (sodium hydroxide) and hydrofluoric do not distinguish between aqueous and argue for either changing or not acid were found to be mishandled by non-aqueous corrosive waste, so their changing the corrosivity regulation. In the state of New Hampshire (at the data would not have helped the Agency response to petitioner concerns, the Kearsarge Metallurgical Corp site; EPA, understand implementation of their Agency’s assessment of the materials 1990). Significant amounts of these non-aqueous corrosive waste regulatory relating to these two issues is below. materials were removed from the site As part of assessing the petition, EPA before listing on the NPL, although an 38 The agency also reviewed state waste hired a consultant to identify and unspecified amount of potentially regulations that existed in 1980 when developing develop a report on any environmental corrosive material was found in waste the existing corrosivity regulation. Of the 11 states that already had waste corrosivity regulations, eight damage cases, or incidents, potentially piles and in drums buried under the used pH 12 as their regulatory value, one used pH caused by corrosive waste waste piles. However, the Record of 11, and two used other types of testing to identify mismanagement that have occurred Decision (ROD) does not provide corrosive hazardous waste. (EPA 1980, PP A1–A2.) since the corrosivity regulation was enough detail to understand the 39 Non-aqueous corrosive wastes were formerly established. The resulting information relevance of this incident to the Rhode Island Hazardous Waste R004. The R004 designation is identified as ‘‘reserved’’ in Rhode was placed in the docket supporting the petitioners’ concerns. No pH testing is Island’s current regulations (250–RICR–140–10–1). tentative denial. Of the 21 possible reported in the ROD, and while some of 40 See California Health and Safety Code Sec. damage incidents identified by the the material was identified as being 25143.8.

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program. Data from other states also did changes sought would, if implemented, although pH values higher than pH 9.0 not provide the Agency with much provide no meaningful public health may interfere with treatment plant insight about regulating non-aqueous benefit (although no risk assessment nor digester bacteria (Gutierrez et.al., 2009). wastes, as they are not heavily other evaluation was submitted in However, ‘‘shock dosing’’ of sewer industrialized states, generate relatively support of this conclusion). systems up to pH 12.5–13.0 using little hazardous waste, and may not be Industry commenters were concerned sodium hydroxide for a short time representative of more industrialized about both cost and non-cost impacts of period is also used in some instances states and the types and volumes of the proposed changes. The regulatory (Park et.al., 2014). wastes their industries might generate changes sought by the petitioners Other commenters identified potential (EPA 2011, EPA 2020). would, if implemented, result in more negative impacts to hazardous waste stringent definitions for corrosive waste, treatment methods and operations for B. Industry Stakeholder Comments and/or broaden the scope of the other hazardous wastes, and to EPA’s A number of different companies and regulation, and so more waste would be Land Disposal Restriction (LDR) waste industry groups submitted comments on regulated as corrosive hazardous waste. treatment regulatory program. Alkaline the tentative denial of the corrosivity The industry comments on the tentative chemicals are frequently used in rulemaking petition. One group of 18 denial reiterate their earlier estimates stabilization/solidification treatment of trade entities and companies included (submitted to the Agency while the toxic metals occurring in hazardous the American Chemistry Council (ACC), tentative denial was under wastes, to immobilize them (by American Iron and Steel Institute (AISI), development, and referenced in the converting metals to insoluble salts, or the American Fuel & Petrochemical tentative denial) of the types and by changing matrix pH to reduce Manufacturers, the Portland Cement volumes of waste generated by facilities solubility) and reduce possible release Association (PCA), and the waste from different industries they believe to the environment (Conner, 1990; EPA, treatment and disposal company Waste would become newly regulated under 1991). Also, Portland cement is one of Management Inc., among others. Other the proposed revisions, and the possible the most frequently used materials for industry commenters include the Retail cost of managing such additional waste solidification/stabilization of inorganic Industry Leaders Association (RILA), volumes as RCRA hazardous. Industry hazardous waste. Wastes initially the National Ready-Mixed Concrete commenters were also concerned about exhibiting the toxicity characteristic Association, the Environmental the impact of the proposed regulatory because of their metals content can, Technology Council (ETC; representing requirements on the use/re-use of after meeting the LDR treatment hazardous waste treatment and disposal certain waste materials. As described requirements, be disposed in a non- companies), the Utility Solid Waste above, the proposed revisions could hazardous waste landfill. However, for Activities Group (USWAG; representing have a significant impact on the reuse many metal-bearing wastes, metal 110 energy utilities and energy of POTW biosolids as fertilizer. compound solubility is minimized at or generating companies), and another Commenters on the tentative denial below pH values of 11.0 (CdOH has its group of industries identifying also identified several non-economic minimum solubility around pH 11); themselves as the ‘‘RCRA Corrective impacts that could occur under revised minimum solubilities for other metal Action Project’’ (representing Waste corrosivity regulations. Commenters oxides occur at lower pHs; (Conner, Management, Inc. and apparently other representing POTWs expressed concern 1990; Conner and Hoeffner, 1998). It is Fortune 50 companies not identified in that lowering the regulatory pH value to therefore difficult to assess the likely the comment). 11.5 could increase the risk of hydrogen impact of a revised corrosivity Several of these companies or sulfide (H2S, a toxic gas) formation in regulation on treatment of metal-bearing associations also submitted comments sewer systems and exposure to workers, hazardous waste. on the tentative denial to the Agency as due to both the lower pH, and the One commenter noted that the part of the Agency’s broad regulation possible addition of sulfuric acid to petitioned-for revisions could result in review efforts that solicited public wastewater to reduce its pH for the regulation of waste concrete as comments starting April 13, 2017 (82 FR compliance with wastewater hazardous, a waste they believe has 17793, April 11, 2016). New comments pretreatment requirements. These been safely managed in construction were sent by a group calling itself the commenters also expressed concern that and demolition (C&D) landfills for many ‘‘Federal Recycling and Remediation lower pH wastewater would allow more years. Review of leachate data from C&D Council’’ composed of a number of bacterial growth in wastewater landfills published from 1995–2014 industrial companies that believe they treatment systems, which can corrode indicate an overall pH range of 6.2–8.9 might be affected by changes to RCRA system components. While the water (Lopez and Lobo, 2014), indicating that regulations (although the submission treatment facility concerns may have disposed concrete is not creating highly did not identify its members), the ACC, some merit, the degree to which pH alkaline conditions in landfills that and the Holly Frontier Corporation (a reduction pre-treatment may be used is currently accept it for disposal. Further, petroleum refiner). not clear, as RCRA generally allows while the state of California does These commenters supported the discharges of hazardous wastewaters to regulate corrosive solids as hazardous Agency’s analysis and conclusions POTWs under 40 CFR 261.4(a)(1). within the state, it excludes waste presented in the tentative denial and/or Therefore, it is not clear how much H2S cement, CKD, clinker and clinker dust urged the Agency to issue a final denial risk might increase under the (California Health and Safety Code Sec of the petition as soon as practicable. petitioners’ proposals. Research on H2S 25143.8) and waste concrete from this These companies and organizations control methods indicates pH designation (CalTrans, 2004). identified a number of concerns in adjustment below pH 11.5 may continue Industry stakeholder commenters also expressing their opposition to the to be effective, and treatment with ferric believe that the public health benefits of regulatory revisions sought by the chloride can precipitate out the sulfur if revised corrosivity regulations would be petition. Their concerns include a needed. Maintaining pH 8.6–9.0 can minimal. This belief is based in part on number of possible impacts of the reduce the transfer of H2S from liquid to the lack of a significant number of proposed regulatory changes, and many the gas phase in sewers, and reduce worker injuries or damage cases they commenters’ belief that the regulatory sulfide and methane production, have observed during their operations

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related to the handling of wastes that are unwarranted. Consequently, the Agency Further, reliance on international not regulated as hazardous under the affirms its tentative denial and presents guidance in developing regulatory current regulation, but that might be this Notice of final denial of the PEER/ programs such as that provided by the regulated under regulations Jenkins petition in its entirety. ILO or in the GHS, is discretionary, and incorporating the petitioners’ requests. In their comments on the tentative RCRA and other statutes do not In the course of developing the tentative denial, the petitioners argue that EPA reference nor require the use of such denial, the Agency reviewed several improperly relied on waste treatment guidance in developing regulatory information sources to identify injuries and management considerations as part programs. As noted, the Agency or other damage that may have resulted of the basis for the corrosivity considered the ILO guidance as one from waste the petition would newly regulation. Petitioners assert that factor in establishing the corrosivity regulate (see: 81 FR 21307, April 11, assessments of the inherent hazard of regulation, but also considered waste 2016). These included an OSHA worker wastes should be the only consideration management practices as part of its injury database, damage cases identified in establishing the corrosivity regulation determination. Petitioners’ assertions in an Agency report as resulting from under RCRA, and further, that the that only inherent hazard may be recycling activities, and a report of a Agency is legally obligated to considered identifies their disagreement contractor search for damage cases that promulgate the corrosivity hazard with the Agency’s approach to might be related to waste the petitioners assessments presented in GHS and ILO regulating hazardous waste. However, have sought to regulate. None of these guidance as the RCRA corrosivity the program structure developed by the sources identified significant corrosive regulatory standard. Much of the Agency in 1980 is well within Agency injuries from waste management or from information provided and arguments discretion under RCRA, and has been aspects of production processes that made by petitioners are intended to successfully implemented for more than might pose exposures similar to those support this view. The Agency disagrees 40 years. that might occur during waste for several important reasons. The The other key question regarding the management. Agency has the discretion under RCRA petition concerns whether the record C. Other Comments to regulate potentially corrosive wastes compiled for this action indicates that based on the risks they may pose when the current corrosivity regulation is Two state environmental agencies plausibly mismanaged, and most submitted comments on the Agency’s inadequately stringent to protect human corrosive waste does not pose the health and the environment from tentative denial. The Michigan extremely high level of hazard posed by Department of Environmental Quality mismanagement of potentially corrosive acutely hazardous wastes, such as (DEQ) supported the tentative denial waste, as asserted by the petitioners. wastes that are acutely lethal toxins evaluation of the rulemaking petition, Petitioners acknowledge that it is not with very low LD values or explosives and the Agency’s conclusions presented 50 necessary to conclude that WTC injuries or similarly highly reactive compounds. there, without further comment. The are corrosive injuries to supporting their Absent evidence of such an acute degree Oklahoma DEQ supported the petition requests. Petitioners of intrinsic hazard, EPA’s approach to regulation of corrosive solids, also nonetheless continue to argue that WTC identifying which wastes are hazardous without further comment or discussion. first responder and other injuries have A number of comments were also under RCRA is based on the risk posed resulted from corrosive properties of the received from individual members of when waste is mismanaged, which is a WTC dust, without considering that the public. These include five law key factor to evaluate in hazardous injuries may have been due to exposure school students, three unaffiliated waste determinations, and has been to high levels of other dust components, individuals, and four anonymous used to establish regulations for other including pulverized glass, smoke from hazardous characteristics and many ongoing fires, or the many toxic commenters. The Agency responds to 41 these comments in the Response to hazardous waste listings. All waste, constituents that have been identified in Comments document accompanying regardless of whether the waste is WTC dust and air samples, or the today’s Notice. classified as hazardous, is intended to combination of these different be subject to some level of control under exposures. Petitioners also insist in the V. EPA’s Conclusions and Rationale for RCRA, and for most waste, the intrinsic petition and in their comments on the Its Final Action Denying the PEER/ hazard is only one factor considered in tentative denial that WTC injuries are Jenkins Rulemaking Petition To Revise determining whether the waste is corrosive injuries, despite the fact that the RCRA Corrosivity Hazardous hazardous under RCRA. The Agency has research publications reporting on Characteristic Regulation used its discretion to take this approach studies of the WTC dust-exposed The Agency has reviewed and when developing regulations for many cohorts describe primarily chronic evaluated the key comments, hazardous wastes promulgated under respiratory symptoms (such as asthma information, and arguments submitted the authority of RCRA.42 or reduced forced expiratory volume) by the petitioners and other interested resulting from their exposure. While stakeholders on the Agency’s tentative 41 In promulgating the RCRA hazardous waste these are serious symptoms of adverse denial of the rulemaking petition, as identification program, the Agency noted that the health effects, none of the research purpose of the regulation is to identify those wastes well as additional relevant information which, because of the hazards they may pose in publications and reports identified by identified by the Agency. Based on its transportation, treatment, storage or disposal, the Agency, the petitioners, or other evaluation of the information as should be subject to appropriate management commenters on the tentative denial, presented in this Notice and in the requirements under Subtitle C. (45 FR 33090, May identify the type of gross tissue injury 19, 1980). Response to Comment Document 42 The Agency relies on intrinsic hazard as the the Agency described in the 1980 accompanying today’s Notice, the sole basis to classify waste as hazardous for only background document and sought to Agency has concluded that because the very highly, acutely toxic wastes and a few other prevent in promulgating the RCRA available information does not support wastes that pose extreme hazards regardless of how corrosivity characteristic. The Agency’s they are managed. See 40 CFR 261.11(a)(2). Other revision of the RCRA corrosivity hazardous characteristics regulations and many review includes health effects studies of characteristic regulations sought by the hazardous waste listings consider aspects of wast first responders, other WTC workers, petitioners, such revisions are management (e.g., 40 CFR 261.11(a)(3)). and area residents, including children

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exposed to the WTC dust cloud on the tentative denial, where caustic soda DATES: This final authorization is day the towers collapsed. Petitioners (sodium hydroxide) and hydrofluoric effective June 15, 2021. also criticize much of the data collected acid were found to be mishandled but ADDRESSES: The EPA has established a on WTC dust samples (both settled dust were removed from the site and docket for this action under Docket ID and worker breathing-zone samples) disposed before NPL listing, although No. EPA–R09–RCRA–2021–0047. All that were evaluated to understand some residual material was found. documents in the docket are listed on exposures and insist that other testing of However, the lack of pH testing or other the http://www.regulations.gov website. samples was or should have been detailed reporting of this material makes Although listed in the index, some conducted. They argue that many of the it difficult to evaluate its relevance to information is not publicly available, studies of WTC dust were inappropriate the petitioners’ requests. No off-site e.g., confidential business information or invalid because they did not use test contamination, ecological damage or or other information whose disclosure is methods petitioners believe to be more injuries were identified. restricted by statute. Certain other appropriate and hypothesize about the In consideration of the information material, such as copyrighted material, likely results of testing using their and arguments submitted to the Agency is not placed on the internet and will be preferred protocols. However, these in response to its tentative denial of the publicly available only in hard copy arguments are speculative, and the petitioners’ rulemaking request, and the form. Publicly available docket Agency cannot rely on the petitioners’ Agency’s evaluation and other relevant materials are available electronically conjectures and speculations as the information identified by the Agency, as through http://www.regulations.gov. basis for a regulation. While more described above and in the Response to FOR FURTHER INFORMATION CONTACT: systematic collection of human Comments document accompanying exposure and other data concerning the Sorcha Vaughan, Vaughan.Sorcha@ today’s Notice, the Agency has epa.gov, 415–947–4217. WTC disaster and its aftermath may determined that because changes to the SUPPLEMENTARY INFORMATION: have provided a better basis for existing RCRA corrosivity characteristic evaluating WTC exposures, the Agency regulation are not supported by the A. What changes to Nevada’s must rely on the data that do exist. available information, such changes are hazardous waste program is the EPA Petitioners also fail to connect any unwarranted. Consequently, the Agency authorizing with this action? particular WTC exposures to waste denies the PEER/Jenkins Rulemaking management activities. That is, not all On January 8, 2021, Nevada submitted petition to revise the RCRA corrosivity a complete program revision application WTC worker and other exposures were regulation in its entirety. exposures to waste, but petitioners do seeking authorization of changes to its not identify particular exposures as List of Subjects in 40 CFR Part 261 hazardous waste program in accordance with 40 CFR 271.21. The EPA now resulting from waste or waste Environmental protection, Hazardous makes a final decision that Nevada’s management, and distinguish them from waste, Incorporation by reference, hazardous waste program revisions that exposures unrelated to waste Recycling, Reporting and recordkeeping are being authorized are equivalent to, management activities (such as requirements, Recycling. exposure to the dust cloud on the day consistent with, and no less stringent the towers collapsed). Identifying Barry Breen, than the Federal program, and therefore exposures resulting from waste Acting Assistant Administrator, Office of satisfy all of the requirements necessary management is a necessary part of Land and Emergency Management. to qualify for final authorization. For a petitioner arguments to revise the [FR Doc. 2021–12327 Filed 6–14–21; 8:45 am] list of State rules being authorized with corrosivity regulation, as RCRA gives BILLING CODE 6560–50–P this Final Authorization, please see the the Agency authority only to control Proposed Rule published in the April 5, waste and waste management and its 2021, Federal Register at 86 FR 17572. ENVIRONMENTAL PROTECTION resulting hazards. The Agency’s B. What is codification and is the EPA AGENCY conclusion after examining the existing codifying the Nevada’s hazardous data related to this issue is that based on 40 CFR Part 271 waste program as authorized in this available data, it is not possible to rule? identify WTC exposures that may be [EPA–R09–RCRA–2021–0047; FRL–10024– Codification is the process of placing related to waste management as distinct 12-Region 9] from activities and exposures unrelated citations and references to a state’s to waste management. Absent a Nevada: Final Authorization of State statutes and regulations that comprise a connection to waste management Hazardous Waste Management state’s authorized hazardous waste activities, RCRA does not apply. The Program Revisions program into the Code of Federal petitioners have also not explained their Regulations. The EPA does this by assertion that more stringent RCRA AGENCY: Environmental Protection adding those citations and references to corrosivity regulation would have Agency (EPA). the authorized State rules in 40 CFR reduced WTC worker exposures and ACTION: Final rule. part 272. The EPA is not codifying the hazards, nor how their requested authorization of Nevada’s revisions at revision of the RCRA corrosivity SUMMARY: The Environmental Protection this time. However, the EPA reserves regulation now would reduce risks in a Agency (EPA) is granting Nevada final the ability to amend 40 CFR part 272, future event. authorization for changes to its subpart DD for the authorization of Other exposures cited by the hazardous waste program under the Nevada’s program changes. petitioners as supporting the need for Resource Conservation and Recovery revision of the corrosivity regulations Act (RCRA). The Agency published a C. Statutory and Executive Order (exposure to CKD and building Proposed Rule on April 5, 2021, and Reviews demolition dust) similarly have also not sought public comment. No comments This final authorization revises been found to cause corrosive injury. were received on the proposed Nevada’s authorized hazardous waste Petitioners also identify a Superfund revisions. No further opportunity for management program pursuant to site not considered in developing the comment will be provided. Section 3006 of RCRA and imposes no

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requirements other than those currently SUMMARY: The Consolidated and TCUs. The Consolidated imposed by State law. For further Appropriations Act of 2021 (the ‘‘Act’’) Appropriations Act, 2021, Division N, information on how this authorization appropriated $285 million to the Title IX, Section 902, Public Law 116– complies with applicable executive National Telecommunications and 260, 134 Stat. 1182 (Dec. 27, 2020), orders and statutory provisions, please Information Administration (NTIA) to codifies the work of the MBI by see the Proposed Rule published in the establish the Connecting Minority directing NTIA to establish the Office of April 5, 2021, Federal Register at 86 FR Communities (CMC) Pilot Program. The Minority Broadband Initiatives, 17572. The Congressional Review Act, 5 CMC Pilot Program will provide grants expanding the Agency’s reach to engage U.S.C. 801 et seq., as added by the Small to eligible historically Black colleges or MSIs, and to promulgate rules Business Regulatory Enforcement universities (HBCUs); Tribal Colleges or establishing the CMC Pilot Program. The Fairness Act of 1996, generally provides Universities (TCUs); and Minority- purpose of the Act is to realize the that before a rule may take effect, the serving institutions (MSIs) in anchor potential of HBCU, TCU, and MSI agency promulgating the rule must communities for broadband internet institutions that will aid in America’s submit a rule report, which includes a access service, equipment, or to hire economic development, growth of social copy of the rule, to each House of the information technology personnel to capital and increased productivity. Congress and to the Comptroller General facilitate educational instruction NTIA will build and expand upon its of the United States. The EPA will including remote instruction, and to relationships with HBCU, TCU and MSI submit a report containing this lend or provide equipment to eligible institutions to both fulfill the duties of document and other required students or patrons. This final rule the Office of Minority Broadband information to the U.S. Senate, the U.S. describes NTIA’s programmatic scope, Initiatives and to implement the CMC House of Representatives, and the eligibility criteria, and general Pilot Program. Comptroller General of the United guidelines for the CMC Pilot Program as Moreover, NTIA’s mission is to foster States prior to publication in the authorized by the Act. NTIA will robust broadband access, connectivity Federal Register. A major rule cannot subsequently publish a Notice of and adoption as these are essential take effect until 60 days after it is Funding Opportunity (NOFO) on elements to support the nation’s published in the Federal Register. This www.grants.gov that will provide more economic growth and social action is not a ‘‘major rule’’ as defined details regarding the CMC eligibility advancement. NTIA believes that by 5 U.S.C. 804(2). This final action will guidelines, application instructions, and broadband is a conduit for economic be effective June 15, 2021. program requirements. development and social opportunities for U.S. households and a gateway to List of Subjects in 40 CFR Part 271 DATES: This final rule is effective on June 15, 2021. increased productivity, growth and Environmental protection, market access for businesses of all sizes. FOR FURTHER INFORMATION CONTACT: Administrative practice and procedure, Yet, many American communities, Scott Woods, Senior Broadband Confidential business information, households and critical anchor Program Specialist, telephone: (202) Hazardous waste, Hazardous waste institutions lack sufficient broadband 306–3096, email: [email protected]; or transportation, Indian lands, connectivity and experience significant Francine Alkisswani, Intergovernmental relations, Penalties, challenges with digital inclusion, Telecommunications Policy Analyst, Reporting and recordkeeping adoption, access and equity, specifically telephone: (202) 482–5560, email: requirements. within vulnerable communities, [email protected], Office of Authority: This action is issued under the communities of color, and with students Telecommunications and Information at HBCUs, TCUs and MSIs. The COVID– authority of sections 2002(a), 3006, and Applications, National 7004(b) of the Solid Waste Disposal Act as 19 pandemic has exacerbated these Telecommunications and Information inequities for students, faculty and staff amended, 42 U.S.C. 6912(a), 6926, and Administration, U.S. Department of 6974(b). at HBCUs, TCUs and MSIs. Commerce, 1401 Constitution Avenue Dated: June 1, 2021. To address these critical issues, NW, Room 4878, Washington, DC Congress passed the Act to enhance and Deborah Jordan, 20230. expand certain provisions of the Acting Regional Administrator, Region IX. SUPPLEMENTARY INFORMATION: Coronavirus Aid, Relief, and Economic [FR Doc. 2021–12458 Filed 6–14–21; 8:45 am] Security Act (the ‘‘CARES Act’’).1 In the Table of Contents BILLING CODE 6560–50–P Act, Congress directed NTIA to provide I. Background grants to eligible recipients in anchor II. Statutory Requirements communities for the purchase of DEPARTMENT OF COMMERCE III. Regulatory Analyses & Notices broadband internet access service or any I. Background eligible equipment, or to hire and train National Telecommunications and information technology personnel: (1) Information Administration NTIA, the Executive Branch agency To facilitate educational instruction and principally responsible for advising the learning, including through remote 47 CFR Part 302 President on telecommunications and instruction; or (2) to operate a minority information policy issues, launched its [Docket No. 210608–0124] business enterprise; or (3) to operate a Minority Broadband Initiative (MBI) in tax-exempt organization described in RIN 0660–AA36 November 2019 as an integral part of section 501(c)(3) of the Internal Revenue NTIA’s mission and commitment to Code of 1986, as amended. Through this Connecting Minority Communities expanding broadband internet access Pilot Program CMC Pilot Program, NTIA will directly and adoption in America. With the MBI, address the lack of broadband access, AGENCY: National Telecommunications NTIA took the lead on minority connectivity, adoption and equity at our and Information Administration (NTIA), stakeholder engagement on broadband Department of Commerce (DOC). deployment in unserved and 1 See Coronavirus Aid, Relief, and Economic underserved areas of the country ACTION: Final rule. Security Act, Public Law 116–136, 134 Stat. 281 through initially partnering with HBCUs (Mar. 27, 2020).

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nation’s HBCUs, TCUs, and MSIs and in Education Statistics (NCES), Minority Islander-serving institution their surrounding anchor communities. Business Development Agency (MBDA) (AANAPISI), Hispanic-serving and the Internal Revenue Service (IRS). institution (HSI), Predominantly Black II. Statutory Requirements 1. Method for identifying and institution (PBI), Alaska Native-serving NTIA adopts these rules to establish, verifying that an applicant is an HBCU, institution/Native Hawaiian-serving implement, and administer the CMC TCU, or MSI eligible recipient. institution (ANNH), and Native Pilot Program. Under the Act, Congress NTIA will analyze available data to American-serving, non-Tribal directed NTIA to promulgate these rules establish program eligibility as follows: institution (NASNTI) designations), to establish a method to identify, a. Eligible institutions must be NTIA has defined the universe of determine and verify CMC applicant designated in one of the seven eligible institutions as those institutions eligibility; to identify which eligible categories delineated by the U.S. that the U.S. Department of Education recipients in anchor communities have Department of Education as authorized defines as eligible or potentially eligible the greatest unmet financial needs; and by the Higher Education Act of 1965.3 in that category within the U.S. to ensure that grants under the Pilot b. Where the school type has been Department of Education’s most Program are made to eligible recipients legislatively defined and a list of recently released Eligibility Matrix.4 in a manner that best achieves the institutions is available from the Federal (Currently the 2020 Eligibility Matrix, purposes of the Pilot Program.2 government, as is the case for HBCUs but NTIA will update this approach to Accordingly, NTIA developed the and TCUs, NTIA will use the data/ include the U.S. Department of following methodology and supporting information provided by the NCES to Education’s 2021 Eligibility Matrix, and rationale utilizing information and data verify their historical designation. any subsequent Matrix, as applicable, from the agency’s National Broadband c. Where the U.S. Department of upon release.) Availability Map (NBAM) and in Education provides eligibility criteria, Accordingly, under this methodology consultation with several Federal but does not publish a definitive list of and rationale, NTIA estimates the agencies including the U.S. Department institutions (for example, Asian universe of ‘‘eligible’’ recipient of Education (ED), National Center for American and Native American Pacific institutions, as of 2020,5 is as follows:

Number Type of schools Method

HBCU ...... 102 Most recent NCES list of HBCUs.6 HSI ...... 501 Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix available, in the HSI category. TCU ...... 37 Most recent NCES list of TCUs.7 ANNH ...... 66 Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix available, in the ANNH or ANNH F categories. PBI ...... 104 Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix available, in the PBI F or PBI A categories. AANAPISI ...... 336 Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix available, in the AANAPISI or AANAPISI F categories. NASNTI ...... 32 Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix available, in the NASNTI or NASNTI F categories.

2. Method for identifying and long as corresponding poverty threshold time period, as discussed above). mapping areas or anchor communities data is also available for that time Currently, the most recent available data that are within a 15-mile radius of each period, to ensure comparison of similar is from 2019. NTIA will use the eligible HBCU, TCU, or MSI and that datasets). Census tracts are the smallest weighted average poverty threshold that meet the estimated median annual geographic units for which median corresponds to the mean household size household income of not more than 250 household income estimates are in each tract. If the mean household size percent of the poverty line. available, enabling more precise is between two whole numbers, NTIA To identify those areas surrounding a identification of the eligible areas will round up to the next whole number qualifying institution in which the defined in the statute. Currently, the to determine the applicable weighted ‘‘estimated median annual household most recent available data estimates are average poverty threshold. This will income is not more than 250 percent of from 2015–2019. For each relevant help to ensure that the program’s the poverty line,’’ NTIA will use median census tract, NTIA will compare the eligibility standards include as many household income estimates from the median household income estimate communities in need as possible. If the most recent U.S. Census Bureau’s with the most recent poverty thresholds median household income of a census American Community Survey (ACS) for published by the Census Bureau (so tract does not exceed 2.5 times the each census tract falling wholly or long as corresponding household applicable weighted average poverty partially within the applicable area (so income data is also available for that threshold, that tract will be considered

2 See Consolidated Appropriations Act, 2021, 4 See U.S. Dep’t of Education, Office of institutions is not the total number of schools in all Division N, Title IX, Section 902(c)(1)(B), Public Postsecondary Education, Eligibility Designations category types. Law 116–260, 134 Stat. 1182 (Dec. 27, 2020). and Applications for Waiver of Eligibility 6 See National Center for Education Statistics, 3 See U.S. Dep’t of Education, List of Requirements, https://www2.ed.gov/about/offices/ College Navigator, https://nces.ed.gov/COLLEGE Postsecondary Institutions Enrolling Populations list/ope/idues/eligibility.html (last visited May 18, NAVIGATOR/?s=all&sp=4 (last visited May 18, 2021). with Significant Percentages of Undergraduate 2021). 7 See National Center for Education Statistics, Minority Students, https://www2.ed.gov/about/ 5 Several Institutions of Higher Education (IHEs) College Navigator, https://nces.ed.gov/COLLEGE offices/list/ocr/edlite-minorityinst.html (last visited will qualify under more than one category in the NAVIGATOR/?s=all&sp=8 (last visited May 18, May 18, 2021). table below. Therefore, the total universe of eligible 2021).

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part of the anchor community. These apply this standard as follows: For (MBE) or a 501(c)(3) organization data sets have a small margin of error TCUs located on land held in trust by applying as a member of the consortium that may affect the potential eligibility the United States that are also located is an eligible entity. of particular census tracts, and data gaps within a reservation, the boundary of NTIA will require that a consortium may exist. NTIA will address this the reservation on which the TCU falls applicant that is an MBE self-certify that margin of error and an applicant’s will be substituted for the 15-mile buffer it is an MBE-designated entity. For submission of its own data to support to create an Area of Interest (AOI) for consortium applicants that claim tax eligibility in the program’s NOFO. A each institution. These AOIs will be exempt status, NTIA will utilize the further breakdown of NTIA’s approach used to define the institution’s anchor Internal Revenue Service’s 501(c)(3) is as follows: community boundary. certification portal/database to verify a. The 250 percent threshold will be 4. Method to identify which eligible the organization’s 501(c)(3) status. determined for household size based on recipients have the greatest unmet As required by section 902(c)(1) of the the most recent poverty thresholds financial need. NTIA has interpreted Act, we are including all eligibility available from the U.S. Census Bureau, that this requirement refers to both the requirements in the program rules so long as household size data for that ‘‘eligible institution’’ and the ‘‘students below in §§ 302.3–302.6. Further, time period is also available.8 that attend the eligible institutions’’ and § 302.5 addresses the interagency b. The 250 percent poverty threshold therefore, for ease of application, will coordination required by section by household size will then be applied analyze the student need data. 902(c)(3) of the Act. Accordingly, to determine which to the average household size in each III. Regulatory Analyses and Notices census tract according to the most eligible recipients have students with recent American Community Survey the greatest unmet financial needs, each Executive Order 12866 (Regulatory data available, so long as poverty applying eligible institution must Policies and Procedures) threshold data for that time period is provide the following information in This rule has been determined to be also available. their application for funding (or as significant under of Executive Order c. Utilizing capabilities within the much of the information as is 12866, and therefore has been reviewed NBAM platform, a 15-mile buffer will be reasonably available to the institution), by the Office of Management and drawn around each eligible institution to include any supplementary Budget (OMB). as described above. information to explain the data: d. A digital overlay will be used to (i) Student population size; Administrative Procedure Act select all census tracts for each anchor (ii) Number and percentage of The effective date of this final rule is community boundary. If any part of a students that are eligible to receive the date of publication in the Federal census tract falls within the boundary, Federal Pell Grants; Register. The Administrative Procedure (iii) Number and percentage of NTIA will include that entire census Act’s rulemaking requirements, students that receive other need-based tract in order to avoid excluding including the requirement to engage in financial aid from the Federal potentially eligible communities. The a notice and comment process and the government, a State, or that institution; 30-day delay in effective date for median household income in each (iv) Number and percentage of substantive rules, do not apply here as anchor community census tract will be students that qualify as low-income this rule concerns grants. See 5 U.S.C. compared to the 250 percent poverty consumers; 9 threshold as defined above to determine (v) Number and percentage of 553(a)(2). if the anchor community tract does not students that are low-income Regulatory Flexibility Act exceed the prescribed poverty 10 individuals; and This final rule is not subject to the threshold. (vi) Number and percentage of requirements of the Regulatory 3. Method to determine a comparable students that have been approved to Flexibility Act, as NTIA was not maximum distance for TCU anchor receive unemployment insurance required to publish a notice of proposed community located on land held in trust benefits under any Federal or State law rulemaking or provide an opportunity by the United States is statistically since March 1, 2020. comparable to anchor communities NTIA will analyze the submitted for notice and public comment prior to defined as not more than 15 miles from information for each of these criteria publication of this final rule. See 5 an HBCU, TCU or MSI. and will develop an assessment of each U.S.C. 601(2), 603, 604. Accordingly, no In the Act, Congress also directed that institution’s student body-based unmet Regulatory Flexibility Analysis is NTIA may establish, in consultation financial needs. These assessments will required, and none has been prepared. with the Secretary of the Interior, a be compared across all submitted Executive Order 13132 (Federalism) separate anchor community boundary applications during the merit review This final rule does not contain for those Tribal schools located on land phase and program eligibility policies having federalism implications held in trust by the United States, if determinations will be made based on requiring preparations of a Federalism NTIA can ensure that each anchor an evaluation of the data provided and Summary Impact Statement. community that is established is accompanying explanatory information. statistically comparable to other anchor Final recommendations for project Executive Order 12988 (Civil Justice communities within the CMC Pilot approval and grant funding will be Reform) Program. After consultation with the made for those eligible anchor This rulemaking has been reviewed Secretary of the Interior and upon institutions that have demonstrated the under Executive Order 12988, Civil review of the applicable data and highest unmet financial need. Justice Reform, as amended by information for the purposes of CMC 5. Method for verifying that a Executive Order 13175. NTIA has Pilot Program consideration, NTIA will designated Minority Business Enterprise determined that the final rule meets the applicable standards provided in 8 See U.S. Census Bureau, Poverty Thresholds, 9 As defined under 47 CFR part 54, subpart E, or https://www.census.gov/data/tables/time-series/ any successor regulations. section 3 of the Executive Order to demo/income-poverty/historical-poverty- 10 As that term is defined in section 312(g) of the minimize litigation, eliminate thresholds.html (last visited May 18, 2021). Higher Education Act of 1965 (20 U.S.C. 1058(g)). ambiguity, and reduce burden.

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Executive Order 12372 Dated: June 9, 2021. establish a different maximum distance (Intergovernmental Consultation) Evelyn Remaley, for the purposes of designating an Applications under this program are Acting Assistant Secretary of Commerce for anchor community if the Assistant subject to Executive Order 12372, Communications and Information, National Secretary is able to ensure that, in ‘‘Intergovernmental Review of Federal Telecommunications and Information establishing that different maximum Administration. Programs,’’ which requires distance, each anchor community that is intergovernmental consultation with ■ In consideration of the foregoing, the established as a result of that action is State and local officials. Non-TCU National Telecommunications and statistically comparable to other anchor applicants are required to submit a copy Information Administration, communities described in the definition of their applications to their designated Department of Commerce, adds 47 CFR of Anchor Community in this section. State Single Point of Contact (SPOC) part 302 to read as follows: After consultation with the Secretary of the Interior and review of the relevant offices. See 7 CFR part 3015, subpart V. PART 302—CONNECTING MINORITY NTIA respects the sovereignty of statistical data, the Assistant Secretary COMMUNITIES PILOT PROGRAM Tribal nations and the various arms of has determined that, for TCUs located Tribal governments, including on land held in trust by the United Sec. States that are also located within a institutions of higher education. TCUs 302.1 Purpose. will be encouraged to consult with the 302.2 Definitions. reservation, the boundary of the Tribal entity through which they are 302.3 Who may apply. reservation on which the TCU falls will chartered, to promote collaboration and 302.4 Application requirements. be substituted for the 15-mile buffer to a unified approach to addressing the 302.5 Approval and award. create an Area of Interest (AOI) for each mission of the CMC Pilot Program. 302.6 Distribution of grant funds. institution. These AOIs will be used to 302.7 Eligible uses for grant funds. define the institution’s anchor Executive Order 12630 302.8 Continuing compliance. community boundary. 302.9 Financial and administrative Assistant Secretary means the This final rule does not contain requirements. policies that have takings implications. Assistant Secretary of Commerce for 302.10 Closeout. Communications and Information, and Executive Order 13175 (Consultation 302.11 Waiver authority. 302.12 Program termination. Administrator of the National and Coordination With Indian Tribes) Telecommunications and Information Authority: Consolidated Appropriations Administration (NTIA). NTIA has analyzed this final rule Act, 2021, Division N, Title IX, section 902, under Executive Order 13175 and has Broadband internet access service has Pub. L. 116–260, 134 Stat. 1182 (Dec. 27, the meaning given the term in 47 CFR determined that the action would not 2020). have a substantial direct effect on one or 8.1(b), or any successor regulation. more Indian Tribes, would not impose § 302.1 Purpose. Commission means the Federal substantial direct compliance costs on This part establishes uniform Communications Commission. Indian Tribal governments, and would application, approval, award, financial Connected device means a laptop not preempt Tribal law. Therefore, a and administrative requirements for the computer, tablet computer, or similar Tribal summary impact statement is not Connecting Minority Communities pilot device that can connect to broadband required. program authorized under Division N, internet access service. Title IX, section 902, of the Director means the Director of the Paperwork Reduction Act Consolidated Appropriations Act, 2021. Office. This document does not contain new Eligible equipment means— § 302.2 Definitions. (1) A Wi-Fi hotspot; collection-of-information requirements (2) A modem; subject to the Paperwork Reduction Act. As used in this part— Anchor Community means any area (3) A router; Unfunded Mandates Reform Act that— (4) A device that combines a modem and router; This final rule contains no federal (1) Except as provided in the definition of Certain Tribal Colleges or (5) A connected device; or mandates (under the regulatory (6) Any other equipment used to Universities below, is not more than 15 provision of Title II of the Unfunded provide access to broadband internet miles from a historically Black college Mandates Reform Act of 1995) for State, access service. local, and Tribal governments or the or university, a Tribal College or Eligible recipient means— private sector. The program is voluntary University, or a Minority-serving (1) A historically Black college or and applicants that meet all eligibility institution; and university; requirements could receive grant funds. (2) Has an estimated median annual (2) A Tribal College or University; Thus, this rulemaking is not subject to household income (based on U.S. (3) A Minority-serving institution; or the requirements of sections 202 and Census Bureau American Community (4) A consortium that is led by a 205 of the Unfunded Mandates Reform Survey data) of not more than 250 historically Black college or university, Act of 1995. percent of the poverty line, as that term a Tribal College or University, or a is defined in section 673(2) of the Minority-serving institution and that National Environmental Policy Act Community Services Block Grant Act also includes— NTIA has reviewed this rulemaking (42 U.S.C. 9902(2)). NTIA will use data (i) A Minority Business Enterprise; or action for the purposes of the National from the most recent time period for (ii) An organization described in Environmental Policy Act. NTIA has which both household income and section 501(c)(3) of the Internal Revenue determined that this final rule would poverty line data are available. Code of 1986 and exempt from tax not have a significant impact on the Certain Tribal Colleges or Universities under section 501(a) of such Code. quality of the human environment. means, with respect to a Tribal College Historically Black college or or University that is located on land university has the meaning given the List of Subjects in 47 CFR Part 302 held in trust by the United States, the term ‘‘part B institution’’ in section 322 Broadband, Grant Programs, internet, Assistant Secretary, in consultation with of the Higher Education Act of 1965 (20 Telecommunications. the Secretary of the Interior, may U.S.C. 1061).

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Minority-serving institution means section 320(b) of the Higher Education and Electronics Engineers standard any of the following: Act of 1965 (20 U.S.C. 1059g(b)). 802.11, or any successor standard. (1) An Alaska Native-serving (6) A Native American-serving, non- Wi-Fi hotspot means a device that is institution, as that term is defined in Tribal institution, as that term is defined capable of— section 317(b) of the Higher Education in section 319(b) of the Higher Act of 1965 (20 U.S.C. 1059d(b)). Education Act of 1965 (20 U.S.C. (1) Receiving broadband internet (2) A Native Hawaiian-serving 1059f(b)). access service; and institution, as that term is defined in Minority Business Enterprise has the (2) Sharing broadband internet access section 317(b) of the Higher Education meaning given the term in 15 CFR service with another device through the Act of 1965 (20 U.S.C. 1059d(b)). 1400.2, or any successor regulation. use of Wi-Fi. (3) A Hispanic-serving institution, as Office means the Office of Minority that term is defined in section 502(a) of Broadband Initiatives established § 302.3 Who may apply. the Higher Education Act of 1965 (20 pursuant to the Consolidated U.S.C. 1101a(a)). Appropriations Act, 2021, Division N, (a) Eligible recipient. To apply for a (4) A Predominantly Black institution, Title IX, section 902(b)(1). CMC grant under this part, an applicant as that term is defined in section 371(c) Tribal College or University has the must be an eligible recipient in an of the Higher Education Act of 1965 (20 meaning given the term in section anchor community as defined in U.S.C. 1067q(c)). 316(b) of the Higher Education Act of § 302.2. NTIA will rely on the following (5) An Asian American and Native 1965 (20 U.S.C. 1059c(b)). sources of information to determine American Pacific Islander-serving Wi-Fi means a wireless networking whether an applicant is an eligible institution, as that term is defined in protocol based on Institute of Electrical recipient:

TABLE 1 TO PARAGRAPH (a)

Type NTIA Validation method

Historically Black College or University (HBCU) Most recent NCES list of HBCUs. Hispanic-Serving Institution (HSI) ...... Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix available, in the HSI category. Tribal College or University (TCU) ...... Most recent NCES list of TCUs. Alaska Native and Native Hawaiian (ANNH) ..... Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix available, in the ANNH or ANNH F categories. Predominantly Black Institution (PBI) ...... Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix available, in the PBI F or PBI A categories. Asian American and Native American Pacific Is- Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix lander-Serving Institution (AANAPISI). available, in the AANAPISI or AANAPISI F categories. Native American-Serving Non-Tribal Institution Defined as eligible or potentially eligible in the most recent Dep’t of Education Eligibility Matrix (NASNTI). available, in the NASNTI or NASNTI F categories.

(b) Eligibility for consortia members. (i) Project justification. Please (E) Number and percentage of For consortium applications led by describe the primary goals of your students that are low-income eligible recipients described in project, a description of the community individuals as that term is defined in paragraph (a) of this section, NTIA will needs and challenges that your section 312(g) of the Higher Education require that any Minority Business proposed project will address and who Act of 1965 (20 U.S.C. 1058(g)); and Enterprise (MBE) consortium member will directly benefit from your project, (F) Number and percentage of self-certify that it is a MBE-designated including the institution, the anchor students that have been approved to entity. For consortium members that community, students, minority business receive unemployment insurance claim tax-exempt status, NTIA will enterprises and/or tax-exempt non- benefits under any Federal or State law utilize the Internal Revenue Service’s profit organizations. The HBCU, TCU, or since March 1, 2020. 501(c)(3) certification portal/database to MSI applicant must include the (ii) Project activities. Please provide verify the consortium member’s tax- following information (or as much of the details about the specific grant-funded exempt status. information as is reasonably available to activities you plan to carry out; who the institution), to include any will plan, implement, and manage your § 302.4 Application requirements. supplementary information to explain project, including the lead organization (a) Contents for an application. An the data: and principal partner organizations; and application for funds for the Connecting (A) Student population size; a project schedule, including significant Minority Communities Pilot Program (B) Number and percentage of milestones that describe when and in must consist of the following students that are eligible to receive what sequence your project activities components: Federal Pell Grants; will occur. (1) Project narrative. The project (C) Number and percentage of (iii) Project results. Please provide a narrative should describe a clearly students that receive other need-based description of your project’s intended defined project that best achieves the financial aid from the Federal results and how you plan to evaluate the purposes of the CMC Pilot Program. The Government, a State, or that institution; benefits of your project. Please describe project narrative must demonstrate that (D) Number and percentage of proposed metrics, what data you plan to every project, activity, and cost listed in students that qualify as low-income collect, and the evaluation the application meets the eligible use consumers for the purposes of the methodologies. requirements in § 302.7. The project program carried out under 47 CFR part (2) Project budget. A project budget narrative should include the following 54, subpart E, or any successor for all proposed projects and activities information: regulations; to be funded by the grant funds must be

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reasonable and the allocation of funds § 302.6 Distribution of grant funds. pursuant to the CMC Pilot Program will must sufficient to complete the tasks (a) Funding allocation. Except as be set aside for eligible HBCUs, TCUs outlined in the project narrative. Budget provided in paragraph (b) of this and MSIs to provide broadband internet clarity and cost effectiveness are section— access service or eligible equipment to essential. The budget is a description of (1) In general. (i) Grant funds for each their students. the resources the applicant proposes to eligible recipient that meets the (b) Additional notices of funding use to complete the project in the time eligibility and/or certification opportunity. Grant funds that are not period that the applicant specifies. The requirements set forth in § 302.3 will be distributed under paragraph (a) of this budget should include the cost of all allocated to the applicants with the section may be made available to items needed to complete the project. greatest unmet financial needs, based on applicants through subsequent Notices The administrative requirements, cost evaluation of the following data of Funding Opportunity, which will be principles, and audit requirements provided by the applicant (including published by NTIA and publicly listed in 2 CFR part 200, the Uniform any supplementary information accessible via www.grants.gov. provided to explain the data) or by other Administrative Requirements, Cost § 302.7 Eligible uses for grant funds. Principles, and Audit Requirements for Federal agencies: (a) Eligible uses. In general and Federal Awards, will be incorporated (A) Student population size; subject to the more specific uses listed into each award. (B) Number and percentage of students that are eligible to receive in paragraphs (a)(1) through (3) of this (3) Budget narrative. The application Federal Pell Grants; section, grant funds awarded to HBCUs, must include a budget narrative that (C) Number and percentage of TCUs or MSIs may be used as clearly relates each of the activities the students that receive other need-based appropriate to facilitate educational applicant proposes in the Project financial aid from the Federal instruction and learning, including Narrative to the relevant section of the Government, a State, or that eligible through remote instruction; and grant Project Budget. recipient; funds awarded to consortia including (b) Due dates—application deadline. (D) Number and percentage of Minority Business Enterprises (MBEs) or The applicant must submit the students that are qualifying low-income Tax-Exempt Organizations may be used completed application by the consumers for the purposes of the to operate that MBE or Tax-Exempt application deadline provided in the program carried out under 47 CFR part Organization. Grant funds awarded Notice of Funding Opportunity, which 54, subpart E, or any successor under this part may only be used for the will be subsequently published by NTIA regulations; following purposes: and publicly accessible at (E) Number and percentage of (1) The purchase of broadband www.grants.gov. Failure to meet the students that are low-income internet access service, including the application deadline will generally individuals as that term is defined in installation or upgrade of broadband preclude the applicant from receiving section 312(g) of the Higher Education facilities on a one-time, capital consideration for a grant award. Act of 1965 (20 U.S.C. 1058(g)); and improvement, basis in order to increase (F) Number and percentage of or expand broadband capacity and/or § 302.5 Approval and award. students that have been approved to connectivity at the eligible institution; receive unemployment insurance (2) The purchase or lease of eligible (a) NTIA will review each application benefits under any Federal or State law equipment and devices for student or for compliance with the requirements of since March 1, 2020. patron use, subject to any restrictions this part. (ii) Upon submission, NTIA will and prohibited uses identified in (b) NTIA may request additional assess each institution’s student body- paragraph (d) of this section; and information from the applicant, with based unmet financial needs. These (3) To hire and train information respect to any of the application assessments will be compared across all technology personnel who are a part of submission requirements of § 302.4, submitted applications during the merit the eligible anchor institution, MBE or prior to making a recommendation for review phase and program eligibility Tax-Exempt Organization. an award. Failure to submit such determinations will be made based on (b) Student priority for the provision additional information may preclude an evaluation of the data provided and of broadband services, devices, and the applicant from further consideration any accompanying explanatory equipment. The HBCUs, TCUs or MSI for award. information. Final recommendations for applicant must certify that if it receives project approval and grant funding will (c) When making grant awards, NTIA a grant under this part to provide generally be made for those eligible will coordinate with other Federal broadband internet access service or anchor institutions that have agencies, including the Commission, the eligible equipment to students that it demonstrated the greatest unmet National Science Foundation, and the will, as a condition of that grant, financial need. prioritize students in need, in Department of Education, to ensure the (2) Historically Black colleges or efficient expenditure of Federal funds, accordance with the following criteria: universities set-aside. In accordance (1) Students who are eligible to including by preventing multiple with the requirement set forth in the receive Federal Pell Grants; expenditures of Federal funds for the Consolidated Appropriations Act, 2021, (2) Students who receive any other same purpose. at least 40 percent of the grant funds need-based financial aid from the (d) The Assistant Secretary will awarded pursuant to the CMC Pilot Federal Government, a State, or the recommend to the National Institute of Program will be set aside for eligible recipient; Standards and Technology (NIST), distribution to qualifying historically (3) Students who are qualifying low- Grants Management Division, approval Black colleges or universities. income consumers for the purposes of of grant awards to qualifying applicants. (3) Student support set-aside. In the program carried out under 47 CFR NIST, serving as the Grants Office for accordance with the requirement set part 54, subpart E, or any successor the CMC grant program, will then issue forth in the Consolidated regulations; grant awards in writing to the successful Appropriations Act, 2021, at least 20 (4) Students who are low-income applicants. percent of grant funds awarded individuals as that term is defined in

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section 312(g) of the Higher Education November 12, 2020, is accessible at: may conduct an audit of an award at Act of 1965 (20 U.S.C. 1058(g)); or https://www.commerce.gov/sites/ any time. (5) Students who have been approved default/files/2020-11/ to receive unemployment insurance DOC%20Standard%20Terms% § 302.10 Closeout. benefits under any Federal or State law 20and%20Conditions%20- (a) Expiration of the right to incur since March 1, 2020. %2012%20November costs. The right to incur programmatic (c) Prioritization of students and %202020%20PDF_0.pdf. Awards issued costs under this part will expire at the patrons without equipment and/or pursuant to this program may also be end of the period of performance. The broadband access. Any recipient that subject to specific award conditions as right to incur closeout costs under this lends or provides eligible equipment to authorized by 2 CFR 200.208. part will expire at the end of the 120- students or patrons must prioritize the (b) Reporting requirements—(1) day closeout period, unless this period lending or providing of such equipment Performance reports. Each grant is extended in writing by the Grants or devices to students or patrons that recipient shall submit semi-annual and Officer. the recipient believes do not have access annual performance reports to NTIA, (b) Final submissions. Within 120 to such equipment. following the procedures of 2 CFR calendar days after the completion of (d) Prohibited uses. The sale or 200.329. Semi-annual performance projects and activities funded under this transfer of any portion of the grant- reports are due within 30 calendar days part, but in no event later than the funded equipment for a thing (including after the reporting period. Annual closeout period expiration date a service) of value during the life of performance reports are due within 90 identified in paragraph (a) of this equipment is prohibited. Recipients are calendar days after the reporting period, section, each grant recipient must required to comply with the property except when a final report is required submit— standards, including the use and under § 302.10. (1) A final financial report to NTIA/ disposition requirements, contained in 2 NIST, following the procedures of 2 CFR CFR 200.311 through 200.316, and with (2) Financial reports. Each recipient 200.344(a); and the terms and conditions set forth in the shall submit quarterly financial reports (2) A final performance report to grant award. to NTIA and the National Institute of NTIA/NIST, following the procedures of Standards and Technology (NIST), 2 CFR 200.344(a). § 302.8 Continuing compliance. following the procedures of 2 CFR (c) Disposition of unexpended (a) The applicant must certify that it 200.328, within 30 calendar days after balances. Any funds that remain has complied with the required the reporting period, except when a unexpended after closeout shall cease to statutory and programmatic conditions final financial report is required under be available to the recipient and shall be in submitting its application. § 302.10. returned to the Federal Government. (b) A grant recipient must submit on (c) Audit requirements. All CMC grant an annual basis, 30 days after the end awards are subject to audit in § 302.11 Waiver authority. of each Federal fiscal year in which accordance with 2 CFR part 200, subpart It is the general intent of NTIA not to grant funds are available, a certification F and the Department of Commerce waive any of the provisions set forth in regarding compliance and use of CMC Financial Assistance Standard Terms this part. However, under extraordinary grant funds as outlined in § 302.7. and Conditions. Specifically, 2 CFR part circumstances and when it is in the best (c) Where a recipient knowingly 200, subpart F, adopted by the interest of the Federal government, provides false or inaccurate information Department of Commerce through 2 CFR NTIA, upon its own initiative or when in its certification related use of CMC 1327.101 requires any non-federal entity requested, may waive the provisions in grant funds, the recipient shall— (as defined in 2 CFR 200.1) that expends this part. Waivers may only be granted (1) Not be eligible to receive the grant Federal awards of $750,000 or more in for requirements that are discretionary under this part; and not mandated by statute or other (2) Return any grant awarded under the recipient’s fiscal year to conduct a applicable law. Any request for a waiver this part during the time that the single or program-specific audit in must set forth the extraordinary certification was not valid; and accordance with the requirements set circumstances for the request. (3) Not be eligible to receive any out in subpart F. Additionally, unless otherwise specified in the terms and subsequent grants under this part. § 302.12 Program termination. conditions of the award, entities that are § 302.9 Financial and administrative not subject to subpart F of 2 CFR part Except with respect to the report requirements. 200 (e.g., commercial entities) that required under the Consolidated (a) General. The requirements of 2 expend $750,000 or more in DOC funds Appropriations Act, 2021, Division N, CFR part 200, the Uniform during their fiscal year must submit to Title IX, section 902(c)(7), and the Administrative Requirements, Cost the Grants Officer either: A financial authority of the Secretary of Commerce Principles, and Audit Requirements for related audit of each DOC award or and the Inspector General of the Federal Awards, govern the subaward in accordance with Generally Department of Commerce described in implementation and management of Accepted Government Auditing section 902(c)(8), the CMC Pilot grants awarded under this part. Awards Standards; or a project specific audit for Program, including all reporting issued pursuant to this program will each award or subaward in accordance requirements under section 902, shall also be subject to the Department of with the requirements contained in 2 terminate on the date on which the Commerce Standard Terms and CFR 200.507. Applicants are reminded amounts made available to carry out the Conditions for Financial Assistance that NTIA, NIST, the Department of CMC Pilot Program are fully expended. Awards that are in effect on the date of Commerce Office of Inspector General, [FR Doc. 2021–12454 Filed 6–14–21; 8:45 am] the award. The current version, dated or another authorized Federal agency BILLING CODE 3510–60–P

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Proposed Rules Federal Register Vol. 86, No. 113

Tuesday, June 15, 2021

This section of the FEDERAL REGISTER Publicly available docket materials are The written comment is considered the contains notices to the public of the proposed available either electronically through official comment and should include issuance of rules and regulations. The www.regulations.gov or in hard copy at discussion of all points you wish to purpose of these notices is to give interested the Atmospheric Programs Section, Air make. The EPA will generally not persons an opportunity to participate in the Quality Planning Branch, Air and consider comments or comment rule making prior to the adoption of the final rules. Radiation Division, U.S. Environmental contents located outside of the primary Protection Agency, Region 7, 11201 submission (i.e. on the web, cloud, or Renner Boulevard, Lenexa, Kansas other file sharing system). For ENVIRONMENTAL PROTECTION 66219. The EPA requests that if at all additional submission methods, the full AGENCY possible, you contact the person listed EPA public comment policy, in the FOR FURTHER INFORMATION information about CBI or multimedia 40 CFR Part 52 CONTACT section to schedule your submissions, and general guidance on [EPA–R07–OAR–2021–0365; FRL–10024– inspection. The Regional Office’s making effective comments, please visit 81–Region 7] official hours of business are Monday https://www.epa.gov/dockets/ through Friday 8:30 a.m. to 4:30 p.m., commenting-epa-dockets. excluding federal holidays. Interstate Transport Prongs 1 and 2 for II. Background the 2010 Sulfur Dioxide (SO2) Standard FOR FURTHER INFORMATION CONTACT: for Kansas and Nebraska Ashley Keas, Environmental Protection A. Infrastructure SIPs Agency, Region 7 Office, Air Quality AGENCY On June 2, 2010, the EPA established : Environmental Protection Planning Branch, 11201 Renner a new primary 1-hour SO NAAQS of 75 Agency (EPA). Boulevard, Lenexa, Kansas 66219 at 2 parts per billion (ppb), based on a three- ACTION: Proposed rule. (913) 551–7629, or by email at year average of the annual 99th [email protected]. SUMMARY: The Environmental Protection percentile of 1-hour daily maximum SUPPLEMENTARY INFORMATION: Agency (EPA) is proposing to approve concentrations.1 The CAA requires State Implementation Plan (SIP) Throughout this document ‘‘we,’’ ‘‘us,’’ states to submit, within three years after submissions from Kansas and Nebraska and ‘‘our’’ refer to the EPA. promulgation of a new or revised addressing the Clean Air Act (CAA or Table of Contents NAAQS, SIPs meeting the applicable Act) interstate transport SIP ‘‘infrastructure’’ elements of sections I. Written Comments requirements for the 2010 Sulfur II. Background 110(a)(1) and (2). One of these Dioxide (SO2) National Ambient Air A. Infrastructure SIPs applicable infrastructure elements, CAA Quality Standards (NAAQS). These B. 2010 1-Hour SO2 NAAQS Designations section 110(a)(2)(D)(i), requires SIPs to submissions address the requirement III. Relevant Factors To Evaluate 2010 SO2 contain ‘‘good neighbor’’ provisions to that each SIP contain adequate Interstate Transport SIPs prohibit certain adverse air quality provisions prohibiting air emissions that IV. States’ Submissions and the EPA’s effects on neighboring states due to will have certain adverse air quality Analysis interstate transport of pollution. A. Kansas effects in other states. The EPA is Section 110(a)(2)(D)(i) includes four proposing to approve portions of these 1. State’s Analysis 2. The EPA’s Prong 1 Evaluation distinct components, commonly infrastructure SIPs for the 3. The EPA’s Prong 2 Evaluation referred to as ‘‘prongs,’’ that must be aforementioned states as containing B. Nebraska addressed in infrastructure SIP adequate provisions to ensure that air 1. State’s Analysis submissions. The first two prongs, emissions in the states will not 2. The EPA’s Prong 1 Evaluation which are codified in section significantly contribute to 3. The EPA’s Prong 2 Evaluation 110(a)(2)(D)(i)(I), require SIPs to contain nonattainment or interfere with V. Requirements for Approval of a SIP adequate provisions that prohibit any Revision maintenance of the 2010 SO2 NAAQS in source or other type of emissions any other state. VI. Proposed Action VII. Statutory and Executive Order Reviews activity in one state from contributing DATES: Comments must be received on significantly to nonattainment of the or before July 15, 2021. I. Written Comments NAAQS in another state (prong 1) and ADDRESSES: The EPA has established a Submit your comments, identified by from interfering with maintenance of docket for this action under Docket ID Docket ID No. EPA–R07–OAR–2021– the NAAQS in another state (prong 2). No. EPA–R07–OAR–2021–0365. All 0365 at https://www.regulations.gov. The third and fourth prongs, which are documents in the docket are listed on Once submitted, comments cannot be codified in section 110(a)(2)(D)(i)(II), the https://www.regulations.gov edited or removed from Regulations.gov. require SIPs to contain adequate website. Although listed in the index, The EPA may publish any comment provisions that prohibit emissions some information may not be publicly received to its public docket. Do not activity in one state from interfering available, i.e., Confidential Business submit electronically any information with measures required to prevent Information or other information whose you consider to be Confidential significant deterioration of air quality in disclosure is restricted by statute. Business Information (CBI) or other another state (prong 3) or from Certain other material, such as information whose disclosure is interfering with measures to protect copyrighted material, is not placed on restricted by statute. Multimedia visibility in another state (prong 4). the internet and will be publicly submissions (audio, video, etc.) must be available only in hard copy form. accompanied by a written comment. 1 75 FR 35520 (June 22, 2010).

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In this action, the EPA is proposing to for the 2010 1-hour SO2 NAAQS on July than emissions of Pb but do not travel approve the prong 1 and prong 2 25, 2013, designating 29 areas in 16 far enough to be treated in a manner portions of infrastructure SIP states as nonattainment for the 2010 similar to ozone or PM2.5. The submissions submitted by Kansas on 1-hour SO2 NAAQS. See 78 FR 47191 approaches that the EPA has adopted for April 7, 2020, and Nebraska on October (August 5, 2013). The EPA ozone or PM2.5 transport are too 27, 2020, as demonstrating that the SIP Administrator signed Federal Register regionally focused and the approach for contains adequate provisions to ensure documents for round 2 designations 4 on Pb transport is too tightly circumscribed that air emissions from sources in these June 30, 2016 (81 FR 45039 (July 12, to the source. SO2 transport is therefore states will not significantly contribute to 2016)), and on November 29, 2016 (81 a unique case and requires a different nonattainment or interfere with FR 89870 (December 13, 2016)), round approach. 5 maintenance of the 2010 SO2 NAAQS in 3 designations on December 21, 2017 Given the physical properties of SO2, any other state or each other. All other (83 FR 1098 (January 9, 2018)), and the EPA selected the ‘‘urban scale’’—a applicable infrastructure SIP round 4 designations 6 on December 21, spatial scale with dimensions from 4 to requirements for these SIP submissions 2020 (86 FR 16055 (March 26, 2021)) 50 kilometers (km) from point sources— are addressed in separate rulemakings. and on April 8, 2021 (86 FR 19576 given the usefulness of that range in (April 14, 2021)).7 assessing trends in both area-wide air B. 2010 1-Hour SO2 NAAQS At the time of this proposed action, quality and the effectiveness of large- Designations there are no nonattainment areas for the scale pollution control strategies at such 8 In this action, the EPA has considered 2010 1-hour SO2 NAAQS in Kansas or point sources. The EPA’s selection of information from the 2010 1-hour SO2 Nebraska. There are two areas this transport distance for SO2 is based NAAQS designations process, as designated as unclassifiable, one in upon 40 CFR part 58, appendix D, discussed in more detail in Section IV Kansas and one in Nebraska, the section 4.4.4(4) ‘‘Urban scale,’’ which of this document. For this reason, a brief remaining areas in these states are states that measurements in this scale summary of the EPA’s designations designated as attainment/unclassifiable. would be used to estimate SO2 process for the 2010 1-hour SO2 NAAQS concentrations over large portions of an III. Relevant Factors To Evaluate 2010 is included here.2 All technical support urban area with dimensions from four to SO Interstate Transport SIPs documents referenced throughout this 2 50 km. The American Meteorological document are also included in the Although SO2 is emitted from a Society/Environmental Protection docket for this action. similar universe of point and nonpoint Agency Regulatory Model (AERMOD) is After the EPA establishes a new or sources, interstate transport of SO2 is the EPA’s preferred modeling platform revised NAAQS, the EPA is required to unlike the transport of fine particulate for regulatory purposes for near-field designate areas as ‘‘nonattainment,’’ matter (PM2.5) or ozone, in that SO2 is dispersion of emissions for distances up ‘‘attainment,’’ or ‘‘unclassifiable,’’ not a regional pollutant and does not to 50 km. See appendix W of 40 CFR pursuant to section 107(d)(1) of the commonly contribute to widespread part 51. As such, the EPA utilized an CAA. The process for designating areas nonattainment over a large (and often assessment up to 50 km from point following promulgation of a new or multi-state) area. The transport of SO2 is sources in order to assess trends in area- revised NAAQS is contained in section more analogous to the transport of lead wide air quality that might impact 107(d) of the CAA. The CAA requires (Pb) because its physical properties downwind states. the EPA to complete the initial result in localized pollutant impacts As discussed in Section IV of this designations process within two years of very near the emissions source. proposed action, the EPA first reviewed promulgating a new or revised standard. However, ambient concentrations of SO2 each state’s analysis to assess how the If the Administrator has insufficient do not decrease as quickly with distance state evaluated the transport of SO2 to information to make these designations from the source as Pb because of the other states, the types of information by that deadline, the EPA has the physical properties and typical release used in the analysis and the conclusions authority to extend the deadline for heights of SO2. Emissions of SO2 travel drawn by the state. The EPA then completing designations by up to one farther and have wider ranging impacts conducted a weight of evidence year. analysis, including review of each The EPA Administrator signed the 4 EPA and state documents and public comments state’s submission and other available first round of designations (‘‘round 1’’) 3 related to the round 2 final designations are in the docket at regulations.gov with Docket ID No. EPA– information, including air quality, HQ–OAR–2014–0464 and at the EPA’s website for emission sources and emission trends 2 While designations may provide useful SO2 designations at https://www.epa.gov/sulfur- within the state and in bordering states information for purposes of analyzing transport, the dioxide-designations. EPA notes that designations themselves are not to which it could potentially contribute 5 EPA and state documents and public comments dispositive of whether or not upwind emissions are 9 related to round 3 final designations are in the or interfere. impacting areas in downwind states. The EPA has docket at regulations.gov with Docket ID No. EPA– consistently taken the position that CAA section HQ–OAR–2017–0003 and at the EPA’s website for 8 110(a)(2)(D) requires elimination of significant For the definition of spatial scales for SO2, SO designations at https://www.epa.gov/sulfur- contribution and interference with maintenance in 2 please see 40 CFR part 58, appendix D, section 4.4 other states, and this analysis is not limited to dioxide-designations. (‘‘Sulfur Dioxide (SO2) Design Criteria’’). For further 6 designated nonattainment areas. Nor must EPA and state documents and public comments discussion on how the EPA is applying these designations for nonattainment areas have first related to round 4 final designations are in the definitions with respect to interstate transport of occurred before states or the EPA can act under docket at regulations.gov with Docket ID No. EPA– SO2, see the EPA’s proposal on Connecticut’s SO2 section 110(a)(2)(D). See e.g., Clean Air Interstate HQ–OAR–2020–0037 and at the EPA’s website for transport SIP. 82 FR 21351, 21352, 21354 (May 8, Rule, 70 FR 25162, 25265 (May 12, 2005); Cross- SO2 designations at https://www.epa.gov/sulfur- 2017). State Air Pollution Rule, 76 FR 48208, 48211 (Aug. dioxide-designations. 9 This proposed approval action is based on the 7 8, 2011); Final Response to Petition from New The Round 4 2010 SO2 NAAQS designations information contained in the administrative record Jersey Regarding SO2 Emissions From the Portland action was signed by then EPA Administrator, for this action and does not prejudge any other Generating Station, 76 FR 69052 (Nov. 7, 2011) Andrew Wheeler, on December 21, 2020, pursuant future EPA action that may make other (finding facility in violation of the prohibitions of to a court-ordered deadline of December 31, 2020. determinations regarding any of the subject state’s CAA section 110(a)(2)(D)(i)(I) with respect to the For administrative purposes only, and in air quality status. Any such future actions, such as 2010 1-hour SO2 NAAQS prior to issuance of compliance with requirements of the Office of the area designations under any NAAQS, will be based designations for that standard). Federal Register, Acting Administrator Jane Nishida on their own administrative records and the EPA’s 3 The term ‘‘round’’ in this instance refers to re-signed the same action on March 10, 2021 for analyses of information that becomes available at which ‘‘round of designations.’’ publication in the Federal Register. those times. Future available information may

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IV. States’ Submissions and EPA’s state. Table 1 shows emission trends for trends for sources in Kansas and Analysis the states addressed in this document Nebraska emitting over 100 tons per along with their neighboring states.10 year (tpy) located within 50 km of the In this section, we provide an Table 2 shows ambient air monitoring border with another state. Tables 1, 2 overview of each state’s 2010 SO2 data for monitors located within 50 km and 3 will be referenced as part of the transport analysis, as well as the EPA’s of the borders of either Kansas or EPA’s analysis for each state. evaluation of prongs 1 and 2 for each Nebraska. Table 3 shows emissions

TABLE 1—STATEWIDE SO2 EMISSION TRENDS [In tons per year]

SO2 reduction, State 2000 2005 2010 2015 2019 2000–2019 (%)

Colorado ...... 115,122 80,468 60,459 28,860 17,045 85 Iowa ...... 265,005 222,419 142,738 84,932 64,294 76 Kansas ...... 148,416 199,006 80,267 36,828 24,855 83 Missouri ...... 401,287 425,167 321,059 158,998 110,888 72 Nebraska ...... 86,894 121,785 77,898 63,237 51,886 40 Oklahoma ...... 145,862 169,464 136,348 99,095 45,996 68 South Dakota ...... 41,120 28,579 16,202 11,975 5,093 88 Wyoming ...... 141,439 122,453 91,022 53,335 42,191 70

TABLE 2—SO2 MONITOR VALUES WITHIN 50 km OF THE NEBRASKA OR KANSAS BORDER

Distance to Distance to Kansas border Nebraska border (km) * (km) * 2017–2019 State/area Site ID (nearest state listed (nearest state listed design value 11 for monitors in for monitors in (ppb) Kansas) Nebraska)

South Dakota/Sioux City ...... 461270001 305 ...... 10 ...... 3 Kansas/Wyandotte County ...... 202090021 2 (Missouri) ...... 114 ...... 6 Nebraska/Omaha ...... 310550053 147 ...... 0.5 (Iowa) ...... 41 Nebraska/Omaha ...... 310550019 138 ...... 4.5 (Iowa) ...... 24 Nebraska/Omaha ...... 310550057 146 ...... 1.5 (Iowa) ...... 34 Missouri/Jackson County ...... 290950034 3 ...... 118 ...... 10 Oklahoma/Ponca City ...... 400710604 33 ...... 367 ...... 28 Oklahoma/Enid ...... 400470555 54 ...... 387 ...... 48 * All distances throughout this document are approximations.

TABLE 3—SO2 EMISSION TRENDS FOR KANSAS AND NEBRASKA SOURCES WITHIN 50 km OF A STATE BORDER

Distance to SO2 emissions (tons) % change State/county Facility name EIS facility nearest state ID (km) 2011 2014 2017 2019 2011–2019

Kansas/Johnson ...... AGC Flat Glass ...... 4538011 18, Missouri ...... 243.83 154.51 157.42 133.06 ¥45.43 Kansas/Linn ...... Evergy—La Cygne ...... 5367811 3, Missouri ...... 17,872.15 12,639.08 619.07 719.98 ¥95.97 Kansas/Douglas ...... Evergy—Lawrence ...... 4827111 44, Missouri...... 2,792.76 1,845.46 295.11 471.72 ¥83.11 Kansas/Wyandotte .... Kansas City BPU—Nearman ... 4633811 0.5, Missouri ...... 5,989.47 5,332.61 904.01 1,203.00 ¥79.91 Nebraska/Otoe ...... Nebraska City Station ...... 7303711 0.3, Iowa ...... 17,334.65 16,134.40 15,950.20 10,386.51 ¥40.08 Nebraska/Douglas ..... North Omaha Station ...... 6732411 0.3, Iowa ...... 14,069.34 11,244.90 7,896.85 5,792.82 ¥58.83 Nebraska/Cass ...... Ash Grove Cement Company .. 7287311 24, Iowa ...... 1,067.12 1,250.77 694.12 681.44 ¥36.14 Nebraska/Dodge ...... Lon D Wright Power Plant ...... 7766111 33, Iowa ...... 1,399.76 2,231.52 926.23 985.08 ¥29.63 Nebraska/Kimball ...... Clean Harbors Environmental 7768011 17, Colorado...... 0.62 222.81 221.36 205.93 12 33114.1 Services. Nebraska/Scotts Bluff Western Sugar Cooperative ..... 7767911 35, Wyoming ...... 151.66 149.08 176.80 144.71 ¥4.58 Nebraska/Douglas ..... Douglas County Recycling 7699311 25, Iowa...... 111.98 102.53 131.04 164.59 46.98 Landfill.

include, and is not limited to, monitoring data and states, air agencies, and third party stakeholders emissions-inventories/air-pollutant-emissions- modeling analyses conducted pursuant to the EPA’s such as citizen groups and industry representatives. trends-data. SO2 Data Requirements Rule (80 FR 51052, August 10 This emissions trends information was derived 21, 2015) and information submitted to the EPA by from the EPA’s web page https://www.epa.gov/air-

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A. Kansas requirements of CAA section find all locations of high SO2 110(a)(2)(D)(i)(I), prong 1 for the 2010 concentrations, this observation 1. State’s Analysis SO2 NAAQS, as discussed below. To indicates an absence of evidence of In its SIP submittal, Kansas conducted support our proposal, we completed a impact at these locations but is not a weight of evidence analysis to weight of evidence analysis which sufficient evidence by itself of an examine whether SO2 emissions from considers an evaluation of ambient air absence of impact at all locations in the Kansas adversely affect attainment or quality data and of available neighboring states. We have therefore maintenance of the 2010 SO2 NAAQS in information for certain emission sources considered additional evidence to downwind states.13 Kansas evaluated near the Kansas border, as well as support our conclusion that Kansas will potential air quality impacts on areas available modeling results for sources in not significantly contribute to outside the state through an assessment Kansas or neighboring states within 50 nonattainment of the 2010 SO2 NAAQS of whether SO2 emissions from sources km of Kansas’ borders. Based on that in any other state. located within 50 km of Kansas’ borders analysis, we propose to find that Kansas In the next step of our weight of may have associated interstate transport will not significantly contribute to evidence analysis, the EPA evaluated impacts. The State’s analysis included nonattainment of the 2010 SO2 NAAQS available modeling results for sources in SO2 emissions information in the state, in any other state. Kansas and in the adjacent states that with specific focus on sources and To assess ambient air quality, the EPA are within 50 km of the Kansas border. counties located within 50 km of reviewed monitoring data in Kansas and The purpose for evaluating modeling for Kansas’ borders. Of the 11 facilities in neighboring states to see whether there sources in Kansas within 50 km of the Kansas with SO2 emissions greater than were any monitoring sites, particularly Kansas border is to determine whether 100 tpy, only four facilities are located near the Kansas border, with elevated these sources are, either on their own or within 50 km of Kansas’ borders: AGC SO2 concentrations that might warrant in conjunction with other sources near Flat Glass (18 km from Missouri), further investigation with respect to the border, impacting a violation of the 2010 1-hour SO2 NAAQS in another Evergy—La Cygne (3 km from Missouri), interstate transport of SO2 from Evergy—Lawrence (44 km from emission sources in Kansas to a state. The purpose of evaluating Missouri), and Kansas City BPU— neighboring state near any given modeling results in adjacent states within 50 km of the Kansas border is to Nearman (0.6 km from Missouri). monitor. We reviewed 2017–2019 SO2 Kansas provided an in-depth analysis design value concentrations at monitors ascertain whether there are any modeled for these four facilities by assessing with data sufficient to produce valid 1- violations in neighboring states to which sources in Kansas could current permitted emissions rates and hour SO2 design values for Kansas and existing control technologies. Kansas neighboring states.14 In Table 2, we have potentially be contributing. also evaluated an additional six included all monitors in each Table 4 provides a summary of the modeling results for two sources in facilities with SO2 emissions greater neighboring state and in Kansas within than 10 tpy but less than 100 tpy, 50 km of the Kansas border. As shown, Kansas which have available modeling located within 50 km of Kansas’ there are no violating design values in information and are located within 50 borders. Kansas also reviewed Kansas or neighboring states within 50 km of another state: Evergy—La Cygne meteorological conditions km of the state border. In Kansas’ Generating Station (La Cygne) and the Board of Public Utilities Nearman Creek representative of SO2 sources near the analysis, the state reviewed its potential state’s border, and the distances from impact on the existing 2010 SO Station (Nearman). The modeling 2 analyses resulted in no modeled identified SO2 sources in Kansas to the nonattainment area in Jackson County, nearest area that is not attaining the Missouri, which is the only designated violations of the 2010 1-hour SO2 NAAQS or may have trouble nonattainment area within 50 km of NAAQS within the modeling domain maintaining the NAAQS in another Kansas’ borders. for each facility. The emission trends for state. Kansas also reviewed statewide The data presented in Table 2 shows these facilities are also provided in Table 3, and the EPA has verified that emissions and ambient air monitoring that Kansas has one SO2 monitor within trends. Finally, Kansas reviewed mobile 50 km of its borders, in Wyandotte the most recent annual emissions are source emissions data from highway County. The 2017–2019 design value for below the annual emissions from the and off-highway vehicles and this monitor is 6 ppb, or 8% of the 75 years modeled at each modeled source. population data in all of the Kansas ppb level of the NAAQS. Two monitors The modeling submitted by Kansas in counties which border other states. in neighboring states are located within September 2015 for La Cygne was based Based on this weight of evidence 50 km of the Kansas border, and these on allowable emissions and resulted in analysis, Kansas concluded that a maximum impact of 52.6 ppb or 70% monitors recorded SO2 design values 16 emissions from sources within the state ranging between 13% and 37% of the of the level of the NAAQS. Kansas will not contribute to nonattainment or level of the 2010 SO2 NAAQS. Thus, interfere with maintenance of the 2010 monitoring requirements for SO2 monitoring based these air quality data do not, by on population weighted emissions. Monitors sited SO2 NAAQS in neighboring states. themselves, indicate any particular to meet the minimum monitoring requirements are location that would warrant further sited for a number of reasons (e.g. measuring a 2. The EPA’s Prong 1 Evaluation source’s maximum contribution, measuring investigation with respect to SO2 background concentrations, monitoring population The EPA proposes to find that Kansas’ emission sources that might SIP meets the interstate transport exposure, etc.) and may not necessarily capture significantly contribute to maximum impacts from specific sources. However, nonattainment in the bordering states. data from these monitors may still provide useful 11 Data retrieved from the EPA’s https:// However, because the monitoring evidence in the context of interstate transport. www.epa.gov/air-trends/air-quality-design- 16 network is not necessarily designed 15 to See the EPA’s Technical Support Document for values#report. its Intended Round 2 Designations for the 2010 SO2 12 The EPA notes that emissions for Clean Harbors NAAQS for Kansas available at: https:// Environmental Services decreased by 7.5% from 14 Id. www.epa.gov/sites/production/files/2016-03/ 2014 to 2019. 15 State monitoring networks must meet the documents/ks-epa-tsd-r2.pdf and the EPA’s 13 See Kansas’ SO2 interstate transport SIP as minimum monitoring requirements contained in Technical Support Document for its Final Round 2 submitted in January 2020 in the docket for this appendix D to 40 CFR part 58. Specifically, section Designations for the 2010 SO2 NAAQS for Kansas action. 4.4 of appendix D outlines the minimum available at: https://www.epa.gov/sites/production/

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indicated in its SIP that Evergy La determination for the Jackson County, monitoring concentrations well below Cygne is comprised of two coal-fired Missouri 1-hour SO2 nonattainment the level of the standard. Kansas boilers, one of which is equipped with area. That modeling, depicted in Table indicated in its SIP that BPU–Nearman a wet lime scrubber with a 95% 5 as associated with nearby sources in is comprised of two units, one of which efficiency for controlling SO2 Missouri, included actual emissions for is equipped with a circulating dry 17 19 21 emissions. The emissions limits Nearman from 2016–2018. This scrubber for SO2 control. BPU– associated with these controls were modeling demonstrates that there are no Nearman is also subject to the acid gas modeled by Kansas and resulted in a violations in the designated Jackson emissions limit of the Mercury and Air concentration gradient within the County nonattainment area to which Toxics Standard (MATS) and opts to domain that does not lead the EPA to Kansas sources could contribute. Kansas meet this limit by complying with the believe that there would be substantial explicitly reviewed the Jackson County, SO2 emissions limits spelled out in 40 impacts beyond the modeling domain. Missouri, 2010 1-hour SO CFR part 63, subpart UUUUU. Based on There are no SO sources in Missouri 2 2 nonattainment area, as part of its the downward trend in emissions since within 50 km of La Cygne around which analysis and concluded that Kansas the modeled time period, specifically the EPA would expect elevated concentrations to which La Cygne could sources do not contribute to violations emissions from BPU–Nearman have contribute. in the area as it is no longer decreased by approximately 80% from For Nearman, the EPA evaluated two experiencing violations of the NAAQS. 2011 to 2019, the EPA finds the sets of available modeling results. The Further, the EPA previously determined available modeling to be a conservative first, depicted in Table 4, includes that the Jackson County, Missouri estimate of current actual air quality and modeling submitted by the State of nonattainment area has attained the an indicator that the Jackson County, Kansas.18 That modeling was based on standard and thereby the EPA agrees Missouri area is not likely to experience actual emissions from 2012–2014 and with Kansas’ conclusion that there are issues maintaining the standard in the resulted in a maximum impact of 49.2 no violations in this area to which future. Additionally, it is unlikely that ppb, or 66% of the level of the NAAQS. Kansas sources could contribute.20 the emissions from these facilities could The second set of modeling results was Additionally, as shown in Table 2, the increase in the future to such a degree submitted by the State of Missouri and monitor in the Jackson County, Missouri as to significantly contribute to was the basis of the clean data nonattainment area is currently nonattainment in any other state. TABLE 4—KANSAS SOURCES WITH MODELING DATA LOCATED WITHIN 50 km OF ANOTHER STATE

2020 Distance from Modeled 99th percentile Kansas source to Other facilities included 1-hour SO2 maximum Model grid extends into source County emissions Kansas border in modeling concentration another state? (tons) * (km) (ppb)

La Cygne .... Linn ...... 725 2.8 None ...... 52.60 (based on allowable emis- No. sions). Nearman ..... Wyandotte .. 1,211 0.77 Numerous facilities located in 49.24 (based on 2012–2014 ac- Yes (into Jackson and Platte Jackson County, Missouri. tual emissions for all sources). County, Missouri). * Emissions data throughout this document were obtained using the EPA’s Emissions Inventory System (EIS) Gateway.

Table 5 provides a summary of the analysis because, as a result of the designated Jackson County available modeling results for sources localized nature of SO2 as a pollutant, nonattainment area to which Kansas with annual emissions of greater than it is near these sources that sources in sources could contribute.22 100 tons per year based on the latest Kansas are more likely to contribute to The modeling submitted by Missouri available emissions inventory in a violation of the standard. for the Empire Asbury facility was based neighboring states which are located For Hawthorn and Audubon, the EPA on actual emissions and resulted in a within 50 km of Kansas: Evergy similarly evaluated the modeling results maximum impact of 39 ppb, or 52% of Hawthorn Generating Station of the clean data determination 23 (Hawthorn), Audubon Materials modeling for the Jackson County, the level of the NAAQS. The Empire Asbury facility, located 2.5 km from the (Audubon), and Empire Asbury in Missouri 1-hour SO2 nonattainment Missouri, and Continental Carbon Black area, in which actual emissions for Kansas border, reported zero emissions Production Facility in Ponca City, Hawthorn and Audubon were explicitly in 2020 and officially retired in March Oklahoma. As stated above, we consider included. This modeling demonstrates the air quality near these sources in our that there are no violations in the

files/2016-07/documents/r7_ks_final_designation_ files/2016-07/documents/r7_ks_final_designation_ 60.43(a)(2)]; 1.2 lb/MMBtu derived from solid fossil tsd_06302016.pdf. tsd_06302016.pdf. fuel [NSPS Subpart D40 CFR 60.43(a)(1)]. 17 Pursuant to La Cygne’s operating permit No. O– 19 For more details on the modeling 22 See Determination of Attainment for the 11952 issued on May 14, 2018, units 1 and 2 are demonstration for Nearman and the nearby sources Jackson County, Missouri 1-Hour SO2 NAAQS and subject to an emissions limit of 0.10 pounds per (i.e. sources in nearby Missouri) included in the Redesignation of the Wyandotte County, Kansas Million British Thermal Units (lb/MMBtu) on a 30- modeling, see Determination of Attainment for the Unclassifiable Area to Attainment/Unclassifiable, Jackson County, Missouri 1-Hour SO NAAQS and day rolling average. 2 85 FR 41193, July 9, 2020. Redesignation of the Wyandotte County, Kansas 23 See the EPA’s Technical Support Document for 18 See the EPA’s Technical Support Document for Unclassifiable Area to Attainment/Unclassifiable, its Intended Round 3 Designations for the 2010 SO its Intended Round 2 Designations for the 2010 SO 2 2 85 FR 41193, July 9, 2020. NAAQS for Missouri available at: https:// NAAQS for Kansas available at: https:// 20 See Id. www.epa.gov/sites/production/files/2017-08/ www.epa.gov/sites/production/files/2016-03/ 21 Pursuant to Nearman’s operating permit No. O– documents/22_mo_so2_rd3-final.pdf and the EPA’s documents/ks-epa-tsd-r2.pdf and the EPA’s 14125, Unit 001 is subject to an annual SO2 Technical Support Document for its Final Round 3 Technical Support Document for its Final Round 2 emission limit of 3 lb/MMBtu [K.A.R. 28–19–31(c) Designations for the 2010 SO2 NAAQS for Missouri Designations for the 2010 SO2 NAAQS for Kansas and 40 CFR 60.45(g)(2)]; 0.8 lb/MMBtu derived available at: https://www.epa.gov/sites/production/ available at: https://www.epa.gov/sites/production/ from liquid fossil fuel [NSPS Subpart D40 CFR files/2017-12/documents/22-mo-so2-rd3-final.pdf.

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2020.24 Additionally, there are no decreased from 5,893 tons in 2014 (the the most recent annual emissions are Kansas sources located within 50 km of highest year in the modeled period) to below the annual emissions from the the Empire Asbury facility. The 2,995 tons in 2019. Additionally, the years modeled at each modeled source. modeling submitted by Oklahoma for Continental Carbon facility is located 37 For these reasons, the EPA finds there the Continental Carbon facility in Kay, km from the Kansas border and there are are no areas with modeled violations Oklahoma was based on actual no sources in Kansas within 50 km of within 50 km of the Kansas border to emissions and resulted in a maximum the Continental Carbon facility. The which Kansas sources could be impact of 65.1 ppb, or 87% of the level most recent available annual emissions contributing. of the NAAQS.25 However, the for each source are also provided in emissions for this facility have Table 5, and the EPA has verified that TABLE 5—OTHER STATES’ SOURCES WITH MODELING DATA LOCATED WITHIN 50 km OF KANSAS

2019 Distance from Modeled 99th percentile source to Other facilities included 1-hour SO2 maximum Model grid extends into Source County emissions Kansas border in modeling concentration another state? (tons) (km) (ppb)

Evergy Hawthorn .... Jackson, Missouri .. ∧ 929 9.7 Nearman (Wyandotte County, 43.47 (based on 2016– No. Kansas); other sources <100 2018 actual emissions tons per year. for all sources). Audubon Materials, Jackson, Missouri .. 229 15 Nearman (Wyandotte County, 43.47 (based on 2016– No. LLC Sugar Creek Kansas); other sources <100 2018 actual emissions Plant. tons per year of SO2. for all sources). Empire Asbury ...... Jasper/Barton ∧ 0 2.5 Other Missouri sources <100 39.0 (based on 2012– Yes (into Crawford and Counties, Mis- tons per year of SO2. 2014 actual emissions Cherokee Counties in souri. for all sources). Kansas). Continental Carbon Kay, Oklahoma ...... 2,995 37 Oklahoma Gas & Electric, Soon- 65.1 (based on 2012– No. Black Production er Generating Station (Noble 2014 actual emissions Facility—Ponca County, Oklahoma), Phillips for all sources). City Plant. 66 Company—Ponca City Re- finery (Kay County, Okla- homa), 2 other Kay County, Oklahoma sources <100 tons per year of SO2. ∧ Based on 2020 emissions.

The EPA proposes to find that the The next step in our weight of appendix D to 40 CFR part 58, section modeling results summarized in Tables evidence analysis is to assess certain 4.4. Kansas assessed point sources up to 4 and 5, which provide evidence that air other sources near the border for which 50 km from state borders to evaluate quality near certain larger sources in we do not have available modeling or trends and SO2 concentrations in area- other states is attaining the NAAQS, monitoring data. As noted in Section III wide air quality. The list of sources 26 when weighed along with the other of this document, the EPA finds that it emitting 100 tpy or more of SO2 factors in this document, support the is appropriate to examine the impacts of within 50 km from state borders without EPA’s proposed conclusion that sources emissions from stationary sources in available modeling data, is shown in in Kansas will not significantly Kansas in distances ranging from 0 km Table 6. contribute to nonattainment of the 2010 to 50 km from the facility, based on the 1-hour SO2 NAAQS in any other state. ‘‘urban scale’’ definition contained in

TABLE 6—KANSAS SO2 SOURCES WITH NO AVAILABLE MODELING DATA NEAR NEIGHBORING STATES

Neighboring 2019 SO2 Distance to Distance to nearest neighboring state source Kansas source Facility ID emissions Kansas border state SO2 source 2019 (tons) (km) (km) emissions (tons) ∧

AGC Flat Glass ...... 4538011 133.1 19 50 (Evergy Hawthorn) ...... ∧ 929 Evergy Lawrence ...... 4827111 ∧ 225.5 44 55 (Evergy Iatan) ...... ∧ 812 ∧ Based on 2020 emissions.

Table 6 shows the distance from the SO2, because elevated levels of SO2, to be found near such sources. As shown sources listed therein to the nearest out- which SO2 emitted in Kansas may have in Table 6, the distance between the of-state source emitting above 100 tpy of a downwind impact, are most likely to sources in Kansas and the nearest

24 In a letter dated December 3, 2019, from Liberty www.epa.gov/sites/production/files/2017-12/ choice to limit its analysis in this way, because in Utilities to the State of Missouri, Liberty Utilities documents/33-ok-so2-rd3-final.pdf and the EPA’s the absence of special factors, for example the requested that all air permits for the Empire Asbury Technical Support Document for its Final Round 3 presence of a nearby larger source, a high facility become void on the permanent retirement Designations for the 2010 SO2 NAAQS for concentration of smaller sources in an area, or date of March 1, 2020. This letter is included in the Oklahoma available at: https://www.epa.gov/sites/ unusual physical factors, Kansas sources emitting docket for this action. production/files/2017-12/documents/33-ok-so2-rd3- less than 100 tpy can appropriately be presumed to 25 See the EPA’s Technical Support Document for final.pdf. 26 not be causing or contributing to SO2 its Intended Round 3 Designations for the 2010 SO2 Kansas limited its analysis to Kansas sources of concentrations above the NAAQS. NAAQS for Oklahoma available at: https:// SO2 emitting at least 100 tpy. We agree with Kansas’

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sources emitting over 100 tpy in Johnson County airport that depict the Missouri in such a way as to cause a Missouri is greater than or equal to 50 predominant wind pattern in the area as violation of the NAAQS in Missouri. km. Additionally, Kansas evaluated the being from the South-Southwest Additionally, based on the distance current operations and control blowing emissions from AGC Flat Glass from the Kansas sources to the border equipment at the AGC Flat Glass and away from Missouri.29 Kansas included and the overall wind patterns in the Evergy Lawrence facilities. In its SIP, wind roses for the Lawrence Municipal area, the EPA finds it unlikely that the Kansas indicated that the AGC Flat airport that depict the predominant sources in Kansas could on their own Glass facility operates a glass melting wind pattern in the area as being from cause a violation in Missouri. furnace which is equipped with dry the South-Southeast blowing emissions from Evergy Lawrence away from the The EPA also reviewed the location of sorbent injection for control of SO .27 2 Jackson County nonattainment area.30 sources for which modeling information The Evergy Lawrence facility is Given the large distance between the was not available in neighboring states comprised of two units which are both cross-state sources, the localized nature emitting more than 100 tpy of SO2 and equipped with high-efficiency scrubbers of SO2, and the wind rose analysis located within 50 km of the Kansas 28 for SO2 control. Kansas evaluated provided by Kansas, the EPA agrees it border, as shown in Table 7. This is available meteorological data to is unlikely that emissions from AGC because elevated levels of SO2, to which determine the wind patterns near AGC Flat Glass or Evergy Lawrence in Kansas SO2 emitted in Kansas may have a Flat Glass and Evergy Lawrence. Kansas could interact with emissions from downwind impact, are most likely to be included wind roses for the Olathe Evergy Hawthorn or Evergy Iatan in found near such sources.

TABLE 7—NEIGHBORING STATE SO2 SOURCES WITH NO AVAILABLE MODELING DATA NEAR KANSAS *

2019 SO2 Distance to Distance to nearest Kansas Kansas source Source Facility ID emissions Kansas border SO2 source 2020 emissions (tons) (km) (km) (tons)

Evergy Iatan Generating Station (Missouri) ...... 6795111 ∧ 811.6 0.7 39 (Kansas City BPU-Nearman) ...... 1,211 Exide Technologies Canon Hollow (Missouri) ...... 331492 158.5 7.1 106 (Kansas City BPU-Nearman) ..... 1,211 * We have not included sources that are duplicative of those in Table 6. ∧ Based on 2020 emissions.

As shown in Table 7, the shortest Refinery facilities are each located 5 km Kansas also included information on distance between any pair of these from the Kansas border with Oklahoma. mobile source emissions and population sources is 39 km (between Evergy Iatan CRNF-Coffeyville emitted 83 tons of SO2 in its border counties. Kansas indicated in Missouri and Nearman in Kansas). in 2018. CRRM-Refinery emitted 93 tons that SO2 emissions from mobile sources The available modeling data for the of SO2 in 2018. There are no sources in are controlled through federally Nearman facility, referenced in Tables 4 Oklahoma within 50 km of these mandated fuel standards which limit and 5, indicates that Nearman does not sources such that their emissions could sulfur concentrations at the refinery significantly contribute to violations in interact to impact a violation of the level. Kansas notes that mobile nearby areas in Missouri as there are no NAAQS. Kansas also included wind emissions are disbursed in small modeled violations in Missouri. Kansas roses for the Coffeyville Municipal quantities over large geographic areas evaluated available meteorological data airport that depict the predominant leading to greater dispersion before to determine the wind patterns near wind pattern in the area as being from crossing state borders. Additionally, Nearman. Kansas included wind roses the South blowing emissions from the Kansas expects further reductions in for the Kansas City downtown airport SO emissions from this sector as the Kansas sources away from Oklahoma 2 that depict the predominant wind EPA continues to regulate emissions and further into Kansas.32 Given the pattern in the area around Nearman as from mobile sources along with regular being from the South-Southwest localized nature of SO2 and the overall fleet turnover to cleaner vehicles. The blowing emissions from Nearman away wind pattern in the area as referenced EPA agrees that because emissions from from the Jackson County nonattainment by Kansas, the EPA agrees it is unlikely non-point sources in other source area.31 Additionally, based on the that the CRNF-Coffeyville and CRRM- categories such as mobile emissions are distance between cross-state sources as Refinery facilities could on their own more dispersed throughout the State, well as the overall wind patterns in the cause or contribute to a violation in the emissions from other source categories area as referenced by Kansas, the EPA nearby State of Oklahoma. such as mobile sources are less likely to agrees that it is unlikely that emissions This information together with the cause high ambient concentrations from Nearman could interact with localized range of potential 1-hour SO2 when compared to a point source on a emissions from Every Iatan or Exide impacts indicates that there are no ton-for-ton basis. Technologies in such a way as to cause additional locations in neighboring In conclusion, for interstate transport a violation in Missouri. states that would warrant further prong 1, we reviewed ambient SO2 Kansas also evaluated two sources investigation with respect to Kansas SO2 monitoring data and available located within 50 km of its borders that emission sources that might contribute information for SO2 emission sources emitted above 80 tpy but below 100 tpy. to problems with attainment of the 2010 within 50 km of the Kansas border, as The CRNF-Coffeyville and CRRM- SO2 NAAQS. well as available modeling results for

27 28 29 Pursuant to AGC’s operating permit No. O– Pursuant to Evergy Lawrence’s operating See Chapter 3 of Kansas’ SO2 Transport SIP 10871, unit EU–001 is subject to an SO2 emission permit No. O–11856 issued on February 14, 2018, Submittal included in the docket for this action for limit of 2.2 lb of SO2 per ton of glass produced on units 4 and 5 are subject to an emissions limit of the wind rose graphics referenced by Kansas. 30 a 30-day rolling average, and 262.8 tons of SO2 0.15 lb/MMBtu on a 30-day rolling average. See id. emissions per rolling consecutive 12-month period. 31 See Id. 32 See Id.

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sources in Kansas and in adjacent states Oklahoma (68% decrease). This trend of alternate to hydrochloric acid).39 The within 50 km of the Kansas border. decreasing SO2 emissions does not by EPA’s Nonroad Diesel Rule will reduce Based on this analysis, we propose to itself demonstrate that areas in Kansas sulfur levels from about 3,000 parts per determine that Kansas will not and neighboring states will not have million (ppm) to 15 ppm when fully 40 significantly contribute to issues maintaining the 2010 SO2 implemented. The EPA’s Heavy-Duty nonattainment of the 2010 SO2 NAAQS NAAQS. However, as a piece of this Engine and Vehicle Standards and in any other state, per the requirements weight of evidence analysis for prong 2, Highway Diesel Fuel Sulfur Control of CAA section 110(a)(2)(D)(i)(I). it provides further indication (when Requirements (Heavy-Duty Diesel Rule) required refiners to start producing 3. The EPA’s Prong 2 Evaluation considered alongside low monitor values in neighboring states as depicted diesel fuel for use in highway vehicles In its prong 2 analysis, Kansas in Table 2) that such maintenance issues with a sulfur content of no more than reviewed potential SO2 impacts on are unlikely. This is because the 15 ppm as of June 1, 2006.41 NSPS for designated maintenance areas. The EPA geographic scope of these reductions various source categories, including but interprets CAA section 110(a)(2)(D)(i)(I) and their large sizes strongly suggest not limited to Industrial-Commercial- prong 2 to require an evaluation of the that they are not transient effects from Institutional Steam Generating Units; 42 potential impact of a state’s emissions reversible causes, and thus these Sulfuric Acid Plants; 43 Stationary Gas on areas that are currently measuring reductions suggest that there is very low and Combustion Turbines; 44 Portland clean data, but that may have issues likelihood that a strong upward trend in Cement Manufacturing; 45 Electric maintaining that air quality, rather than emissions will occur that might cause Utility Steam Generating Units only former nonattainment, and thus areas presently in attainment to violate (Boilers); 46 and Onshore Natural Gas current maintenance, areas. Kansas also the NAAQS. These reductions have Processing,47 establish standards which performed a prong 2 analysis based on been caused by regulatory requirements reduce SO2 emissions. the EPA’s interpretation, noting that in Kansas and the downwind states and In addition, the EPA’s Tier 3 Motor monitors located near Kansas in by economic factors, such as low natural Vehicle Emission and Fuel Standards 48 neighboring states showed very low gas prices and the increasing supply of Rule also reduce SO2 emissions by levels of SO2, emissions in Kansas and renewable energy, that are not likely to establishing gasoline sulfur standards neighboring states have decreased be reversed.34 that reduce SO2 emissions from certain indicating they should not be Kansas also identified EPA programs types of mobile sources. The EPA finds considered to have maintenance issues which, either directly or indirectly, have that these federal measures have and for this NAAQS. Kansas also referenced significantly reduced SO2 emissions in continue to lower SO2 emissions, federal regulations which have resulted Kansas. These programs include: The which, in turn, are expected to continue in and will continue to result in SO2 Acid Rain program; the Cross-State Air to support the EPA’s proposed emissions decreases in Kansas and Pollution Rule (CSAPR); Prevention of conclusion that SO2 emissions from neighboring states. Significant Deterioration (PSD)/New Kansas will not contribute significantly The EPA has reviewed Kansas’ Source Review (NSR) Permitting to nonattainment or interfere with analysis and other available information Programs; Heavy-Duty Diesel Rule; maintenance of the 2010 1-hour SO2 on SO2 air quality, including federally Mercury and Air Toxic Standards Rule NAAQS in another state. enforceable regulations and emission (MATS); 35 Regional Haze; 36 Nonroad As noted in Kansas’ submission, any trends to evaluate the state’s conclusion Diesel Rule; and the EPA’s Tier 2 Motor future large sources of SO2 emissions that Kansas will not interfere with Vehicle Emissions Standards and will be addressed by Kansas’ SIP- maintenance of the 2010 SO 2 NAAQS in Gasoline Sulfur Control Requirements approved Prevention of Significant 49 downwind states. This evaluation Rule. The EPA agrees that the federal Deterioration (PSD) program. Future builds on the analysis regarding regulations identified by Kansas have minor sources of SO2 emissions will be significant contribution to addressed by Kansas’ minor new source helped to reduce SO2 emissions from nonattainment (prong 1), which 50 various sources in Kansas in addition to review permit program. The evaluated monitored ambient other federal regulations as detailed permitting regulations contained within concentrations of SO 2 in Kansas and here. The EPA’s Acid Rain Program set these programs should help ensure that neighboring states, available modeling a permanent cap on the total amount of results, and the large distances between 39 See 40 CFR parts 60 and 63. See also 77 FR SO2 that may be emitted by electric cross-state SO2 sources, the EPA is 9304. generating units (EGUs) in the 40 proposing to find that SO levels in See 40 CFR parts 9, 69, 80, 86, 89, 94, 1039, 2 contiguous United States.37 CSAPR neighboring states near the Kansas 1048, 1051, 1065, and 1068. See also 69 FR 38958. requires significant reductions in SO 41 See 40 CFR parts 69, 80, and 86. See also 66 border do not indicate any inability to 2 emissions from power plants in the FR 5002. maintain the SO 42 2 NAAQS that could be eastern half of the United States, See 40 40 CFR part 60, subpart Da and 40 CFR part 63. See also 77 FR 9304. attributed in part to sources in Kansas. including Kansas and neighboring As shown in Table 1, the statewide SO 43 See 40 CFR part 60, subparts A, D, E, F, G and 2 states.38 MATS requires reductions of emissions from Kansas and neighboring H. See also 36 FR 24876. emissions of heavy metals which, as a 44 states have decreased substantially over See 40 CFR part 60, subparts GG and KKKK. co-benefit, reduce emissions of SO2, and See also 71 FR 38482 and 44 FR 52792 time, per our review of the EPA’s 45 establishes alternative numeric emission See 40 CFR parts 60 and 63. See also 75 FR emissions trends data.33 From 2000 to 54970. standards, including SO2 (as an 46 2019, total statewide SO2 emissions See 40 CFR part 60, subpart Da and 40 CFR part decreased by the following proportions: 63. See also 77 FR 9304. 34 Colorado (85% decrease), Kansas (83% Kansas provided information on emission 47 See 40 CFR part 60, subpart LLL. See also 77 reductions and control equipment for certain FR 49490. decrease), Missouri (72% decrease), sources in its SIP and the EPA summarized this 48 See 40 CFR parts 79, 80, 85, 86, 600, 1036, Nebraska (40% decrease), and information in its prong 1 analysis. 1037, 1039, 1042, 1048, 1054, 1065, and 1066. See 35 See 77 FR 9304. also 79 FR 23414. 33 Additional emissions trends data are available 36 See 64 FR 35714. 49 See EPA’s final action of the PSD portions of at: https://www.epa.gov/air-emissions-inventories/ 37 See 40 CFR parts 72 through 78. Kansas’ SIP, at 80 FR 32017, June 4, 2015. air-pollutant-emissions-trends-data. 38 See 40 CFR part 97. See also 76 FR 48208. 50 Id.

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ambient concentrations of SO2 in borders may have associated interstate might warrant further investigation with neighboring states are not exceeded as a transport impacts. The State’s analysis respect to interstate transport of SO2 result of new facility construction or included SO2 emissions information in from emission sources in Nebraska to a modification occurring in Kansas. the state, with specific focus on sources neighboring state near any given As previously mentioned, Kansas and counties located within 50 km of monitor. We reviewed 2017–2019 SO2 evaluated its potential impacts to the Nebraska’s borders. For the seven design value concentrations at monitors Jackson County, Missouri sources which emitted greater than 100 with data sufficient to produce valid 1- nonattainment area located near the tons per year of SO2 located within 50 hour SO2 design values for Nebraska Kansas border. As discussed in the km of Nebraska’s borders, Nebraska and neighboring states.52 In Table 2, we EPA’s prong 1 analysis, the modeling for provided an in-depth analysis by have included all monitors in each the Jackson County area’s clean data assessing current permitted emissions neighboring state and in Nebraska determination included sources in rates and existing control technologies. within 50 km of the Nebraska border. As Kansas and did not show substantial Nebraska also reviewed meteorological shown, there are no violating design impacts from Kansas sources to the conditions representative of SO2 sources values at monitors in Nebraska or Missouri area. Additionally, the EPA near the state’s border, and the distances neighboring states within 50 km of the has determined the area attained the from identified SO2 sources in Nebraska state border. One area bordering NAAQS through a clean data to the nearest area that is not attaining Nebraska—Woodbury County, Iowa— determination with the monitor in the the NAAQS or may have trouble has been designated unclassifiable. area still showing values well below the maintaining the NAAQS in another Later in this section, the EPA discusses level of the standard. For these reasons, state. Nebraska also reviewed statewide modeling available for Woodbury the EPA finds that emissions from emissions and ambient air monitoring County, Iowa (See Table 10). There are Kansas do not interfere with trends. Based on this weight of evidence no other areas designated as maintenance of the NAAQS in the analysis, Nebraska concluded that unclassifiable located within 50 km of Jackson County area as the area is not emissions within the state will not Nebraska’s borders. For these reasons exhibiting difficulties in maintaining contribute to nonattainment or interfere and for reasons discussed later in this the standard. with maintenance of the 2010 SO2 section, the EPA is proposing to find In conclusion, for interstate transport NAAQS in neighboring states. Nebraska that emissions from Nebraska will not prong 2, we reviewed additional also noted that SO2 emissions within contribute significantly to information about SO2 air quality and the state have been steadily decreasing nonattainment in any other state. emission trends and Kansas’ permitting over time, specifically noting a 49.7% The data presented in Table 2 show regulations, as well as the technical decrease in point source emissions that there are three Nebraska monitors information considered for interstate between 2006 and 2019. With regard to located within 50 km of a neighboring transport prong 1. We find that the the interference with maintenance state’s border, and these monitors combination of low ambient requirement, Nebraska discussed the indicate design values between 32% to concentrations of SO2 in Kansas and low monitored ambient concentrations 55% of the NAAQS. One SO2 monitor neighboring states, the available of SO2 in neighboring states in the was installed in Nebraska as a source- modeling results, the large distances period up to and including 2019. Based oriented monitor (AQS Site ID: between cross-state SO2 sources, the on this weight of evidence analysis, 310550057) and was sited to downward trend in SO2 emissions from Nebraska concluded that emissions characterize the Omaha Public Power Kansas and neighboring states, and state within the state will not significantly District’s (OPPD) North Omaha Station measures that prevent new facility contribute to nonattainment or interfere (North Omaha), which is located in construction or modification in Kansas with maintenance of the 2010 SO2 Douglas County, Nebraska and is within from causing SO2 exceedances in NAAQS in neighboring states. 50 km of the Nebraska border with Iowa. downwind states, indicates no The EPA designated Douglas County as 2. The EPA’s Prong 1 Evaluation interference with maintenance of the attainment/unclassifiable as part of the 2010 SO2 NAAQS in other states. The EPA proposes to find that Round 4 designations for the 2010 1- Accordingly, we propose to determine Nebraska’s SIP meets the interstate hour NAAQS.53 Table 8 provides the 3- that Kansas SO2 emission sources will transport requirements of CAA section year design value used to characterize not interfere with maintenance of the 110(a)(2)(D)(i)(I), prong 1 for the 2010 the impacts from North Omaha. The 2010 SO2 NAAQS in any other state, per SO2 NAAQS, as discussed below. To 2017–2019 design value is 34 ppb, the requirements of CAA section support our proposal, we completed a which is 45% of the 2010 SO2 NAAQS 110(a)(2)(D)(i)(I). weight of evidence analysis which and provides evidence that there is not considers an evaluation of ambient air B. Nebraska an air quality problem around the North quality data and of available Omaha facility. Therefore, it is unlikely 1. State’s Analysis information for certain emission sources that the North Omaha facility could In its SIP, Nebraska conducted a near the Nebraska border, as well as significantly contribute to available modeling results for sources in weight of evidence analysis to examine nonattainment of the 2010 1-hour SO2 Nebraska or neighboring states within whether SO2 emissions from Nebraska NAAQS in the nearby State of Iowa. In adversely affect attainment or 50 km of Nebraska’s borders. Based on its SIP, Nebraska noted that the North that analysis, we propose to find that maintenance of the 2010 SO2 NAAQS in Omaha facility currently operates two downwind states.51 Nebraska evaluated Nebraska will not significantly coal-fired units, using low-sulfur coal; potential air quality impacts on areas contribute to nonattainment of the 2010 outside the state through an assessment SO2 NAAQS in any other state. 52 Id. To assess ambient air quality, the EPA 53 See TSD Chapter 2: Final Round 4 Area of whether SO2 emissions from sources reviewed monitoring data in Nebraska Designations for the 2010 1-Hour SO2 Primary located within 50 km of Nebraska’s and neighboring states to see whether National Ambient Air Quality Standard for Areas without Violating Monitors, at https:// 51 there were any monitoring sites, See Nebraska’s SO2 interstate transport SIP as www.epa.gov/sites/production/files/2020-12/ submitted in October 2020 in the docket for this particularly near the Nebraska border, documents/02-rd4_so2d_tsd_for_areas_without_ action. with elevated SO2 concentrations that violating_monitors.pdf.

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these units are to be converted to located in Omaha (as shown in Table 2) demonstration for a nearby Iowa source. natural gas by 2023. Three coal-fired between the North Omaha facility and That modeling is discussed later in this units were retired in 2016 which the Walter Scott Jr. facility in Iowa that section and provides further evidence resulted in a significant SO2 emissions similarly support the claim that the that there are no violations in Iowa to decrease in that year. The emissions North Omaha facility is not causing or which the North Omaha facility could trends for this source are shown in contributing to violations of the NAAQS contribute. Table 3. Nebraska also referenced the in Iowa.54 The North Omaha facility was low design values at the monitors also included in a modeling

TABLE 8—NEBRASKA SOURCES WITH A SOURCE-ORIENTED MONITOR WITHIN 50 KM OF ANOTHER STATE

Distance from 2020 source to 2017–2019 Nebraska source County emissions Nebraska/Iowa Site ID monitor 3-year (tons) border design value (km) (ppb)

OPPD North Omaha ...... Douglas ...... 5,447 0.3 310550057 34

There is one monitor in a neighboring are within 50 km of the Nebraska for this source are included in Table 3. state located within 50 km of the border. The purpose of evaluating The most recent available annual Nebraska border, in Sioux City, South modeling for sources in Nebraska within emissions at Nebraska City are also Dakota, and this monitor recorded an 50 km of the Nebraska border is to provided in Table 9, and the EPA has SO2 design value of 3 ppb, or 4% of the determine whether these sources are, verified that the most recent annual 2010 SO2 NAAQS. Thus, these air either on their own or in conjunction emissions are below the annual quality data do not, by themselves, with other sources near the border, emissions from the years modeled for indicate any particular location that impacting a violation of the 2010 1-hour Nebraska City. The nearest source in a would warrant further investigation SO2 NAAQS in another state. The neighboring state emitting greater than with respect to SO2 emission sources purpose of evaluating modeling results 100 tpy is the Walter Scott Jr., Energy that might significantly contribute to in adjacent states within 50 km of the Center, located 66 km North of Nebraska nonattainment in the bordering states. Nebraska border is to ascertain whether City. In its SIP, Nebraska indicated that However, because the monitoring there are any modeled violations in Nebraska City is comprised of two coal- network is not necessarily designed 55 to neighboring states to which sources in fired units, one of which (Unit 2) is find all locations of high SO2 Nebraska could potentially be concentrations, this observation contributing. fitted with a dry flue gas desulfurization indicates an absence of evidence of Table 9 provides a summary of the (scrubber) system to control SO2 impact at these locations but is not modeling results for one source in emissions. Emissions at Nebraska City sufficient evidence by itself of an Nebraska for which we have available have decreased approximately 36% absence of impact at all locations in the modeling information and is located from 2014. Based on the large distance neighboring states. We have therefore within 50 km of another state: Omaha between cross-state sources, the also conducted a source-oriented Public Power District’s (OPPD) Nebraska localized nature of SO2, and the analysis. City Station (Nebraska City).56 The available modeling information, the In the next step of our weight of modeling analysis for Nebraska City EPA agrees that Nebraska City is not evidence analysis, the EPA evaluated resulted in no modeled violations of the likely contributing to violations in Iowa available modeling results for sources in 2010 1-hour SO2 NAAQS within the as there are no modeled air quality Nebraska and in the adjacent states that modeling domain. The emissions trends violations in Iowa.

TABLE 9—NEBRASKA SOURCE WITH MODELING DATA LOCATED WITHIN 50 KM OF ANOTHER STATE

2020 Distance from Other Modeled 99th source to facilities percentile 1-hour SO2 Model grid extends into Nebraska source County emissions Nebraska border included in maximum concentration another state? (tons) (km) modeling (ppb)

OPPD Nebraska City ..... Otoe ...... 11,480 0.62 None ...... 32.7 (based on 2012– Yes (Fremont County, 2014 actual emis- Iowa). sions).

54 For locations of monitors in relation to the to meet the minimum monitoring requirements are NAAQS for Nebraska available at: https:// sources in Nebraska and Iowa, please see map on sited for a number of reasons (e.g., measuring a www.epa.gov/sites/production/files/2016-03/ page 21 of Nebraska’s SIP as contained in the source’s maximum contribution, measuring documents/ne-epa-tsd-r2.pdf and the EPA’s docket for this action. background concentrations, monitoring population Technical Support Document for its Final Round 2 55 State monitoring networks must meet the exposure, etc.) and may not necessarily capture Designations for the 2010 SO2 NAAQS for Nebraska minimum monitoring requirements contained in maximum impacts from specific sources. However, data from these monitors may still provide useful available at: https://www.epa.gov/sites/production/ appendix D to 40 CFR part 58. Specifically, section _ _ _ _ 4.4 of appendix D outlines the minimum evidence in the context of interstate transport. files/2016-07/documents/r7 ne final designation 56 _ monitoring requirements for SO2 monitoring based See the EPA’s Technical Support Document for tsd 06302016.pdf. on population weighted emissions. Monitors sited its Intended Round 2 Designations for the 2010 SO2

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Table 10 provides a summary of the demonstration for the purpose of 2010 SO2 NAAQS for Iowa, the available modeling results for the evaluating potential transport as the maximum modeled impact is located to modeled sources in neighboring states emissions rates assumed in the the Southeast of the Walter Scott Jr. which are located within 50 km of modeling have since become federally facility.61 The North Omaha Station is Nebraska: Mid-American Energy— enforceable.59 The North Omaha Station located approximately 19 km from the George Neal North (George Neal North), is located over 100 km from the George Walter Scott Jr. facility. As previously Mid-American Energy George Neal Neal facilities in Iowa. Specifically, mentioned, Nebraska also referenced the South (George Neal South) and Mid- there are no sources of SO2 emitting low design values at the monitors American Energy Walter Scott Jr. Energy over 10 tpy in Nebraska located within located in Omaha (as shown in Table 2) Center (Walter Scott Jr.) in Iowa. The 50 km of George Neal North and George between the North Omaha facility and Round 2 1-hour SO2 designations Neal South, providing further evidence the Walter Scott Jr. facility in Iowa that modeling for Woodbury County, Iowa that Nebraska emissions are not causing similarly support the claim that the explicitly included George Neal North or contributing to violations in North Omaha facility is not causing or and George Neal South and no other Woodbury County, Iowa. contributing to violations of the NAAQS SO2 sources in the area, and included The modeling submitted by Iowa for in Iowa.62 Based on the distance Walter Scott Jr. in Pottawattamie County portions of Nebraska in the modeling between cross-state sources, the 57 based on a set of hybrid (i.e., a mix of domain. In 2016, the EPA designated localized nature of SO and the allowable and 2012–2014 actual) 2 Woodbury County, Iowa as available modeling and monitoring emissions for Walter Scott Jr. and the unclassifiable, because even though the information for the area, the EPA agrees modeling demonstrated attainment for OPPD North Omaha Station located in that the North Omaha Station is not the area, some emission rates used in Nebraska resulted in a maximum impact likely to cause or contribute to the modeling analysis, specifically the of 51.1 ppb, or 68% of the level of the violations in Iowa as there are no air emission rates for MidAmerican Energy NAAQS.60 The modeling demonstrates quality violations in the nearby area in Company’s George Neal North Units 1 maximum impacts below the level of and 2 were not yet federally enforceable the NAAQS and thereby provides Iowa. at the time of the final Round 2 evidence that Nebraska emissions are The most recent available annual designations (in June 2016). In not causing or contributing to violations emissions of these identified sources in September 2016, Iowa rescinded the in the area of Pottawattamie County, nearby states are also provided in Table permits for George Neal North Units 1 Iowa around Walter Scott Jr. As 10, and the EPA has verified that the and 2 as they were permanently depicted in Figure 19 of the EPA’s most recent annual emissions are below retired.58 Therefore, the EPA can Technical Support Document for its the annual emissions from the years consider the Round 2 modeling Intended Round 3 Designations for the modeled at each source.63

TABLE 10—OTHER STATES’ SOURCES WITH MODELING DATA LOCATED WITHIN 50 KM OF NEBRASKA

Distance from Modeled 99th 2020 source to Other facilities percentile 1-hour Model grid extends Other state source County emissions included in SO2 maximum (tons) Nebraska border modeling concentration into another state? (km) (ppb)

George Neal North Woodbury, Iowa ..... 1,660 0.2 George Neal South 74.3 (Allowable Yes (Dakota and (Iowa). Emissions). Thurston Coun- ties, Nebraska). George Neal South Woodbury, Iowa ..... 1,203 0.8 George Neal North 74.3 (Allowable Yes (Dakota and (Iowa). Emissions). Thurston Coun- ties, Nebraska). Walter Scott Jr...... Pottawattamie, Iowa 5,960 0.1 OPPD North 51.1 (Hybrid of Ac- Yes (Douglas and Omaha (Ne- tual and Allow- Sarpy Counties, braska). able Emissions Nebraska). for 2012–2014).

The EPA proposes to find that the air quality near certain larger sources in factors in this document, support the modeling results summarized in Tables other states is attaining the NAAQS, EPA’s proposed conclusion that sources 9 and 10, which provide evidence that when weighed along with the other in Nebraska will not significantly

57 59 See the EPA’s Technical Support Document for The modeling for the George Neal facilities 2010 SO2 NAAQS for Iowa available at: https:// its Intended Round 2 Designations for the 2010 SO2 resulted in a maximum impact near the level of the www.epa.gov/sites/production/files/2017-12/ NAAQS for Iowa available at: https://www.epa.gov/ NAAQS; however, because this modeling was based documents/14-ia-so2-rd3-final.pdf. sites/production/files/2016-03/documents/ia-epa- on maximum allowable emissions prior to the 61 See Id. tsd-r2.pdf and the EPA’s Technical Support shutdown of Units 1 and 2 and included a Document for its Final Round 2 Designations for the background concentration, the EPA finds this to be 62 For locations of monitors in relation to the 2010 SO2 NAAQS for Iowa available at: https:// a conservative estimate of actual air quality in the sources in Nebraska and Iowa, please see map on www.epa.gov/sites/production/files/2016-07/ Woodbury County area not an indication of page 21 of Nebraska’s SIP as contained in the documents/r7_ia_final_designation_tsd_ potential air quality issues to which Nebraska docket for this action. 06302016.pdf. sources could contribute. 63 Nebraska also included emissions trends for 58 60 See docket document containing letter from See the EPA’s Technical Support Document for certain sources in neighboring states in Table 5 of MidAmerican Energy dated April 18, 2016, its Intended Round 3 Designations for the 2010 SO 2 its SIP which depicts the downward trend in requesting the permits for George Neal North Units NAAQS for Iowa available at: https://www.epa.gov/ 1 and 2 be rescinded and Iowa’s response letter sites/production/files/2017-08/documents/14_ia_ emissions at these sources as well. See Nebraska’s dated September 9, 2016, indicating the permits for so2_rd3-final.pdf and the EPA’s Technical Support SIP submittal included in the docket for this action. these units were revoked. Document for its Final Round 3 Designations for the

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contribute to nonattainment of the 2010 is appropriate to examine the impacts of to 50 km from neighboring state borders 1-hour SO2 NAAQS in any other state. emissions from stationary sources in to evaluate trends and SO2 The next step in our weight of Nebraska in distances ranging from 0 concentrations in area-wide air quality evidence analysis, is to assess certain km to 50 km from the facility, based on The list of sources emitting 100 tpy 64 or other sources near the border for which the ‘‘urban scale’’ definition contained more of SO2 within 50 km from state we do not have available modeling or in appendix D to 40 CFR part 58, section borders without available modeling data monitoring data. As noted in section III 4.4. Nebraska assessed point sources up is shown in Table 11. of this document, the EPA finds that it

TABLE 11—NEBRASKA SO2 SOURCES WITHOUT AVAILABLE MODELING DATA NEAR NEIGHBORING STATES

Neighboring Distance to state source 2019 SO2 Nebraska Distance to nearest neighboring state Nebraska source Facility ID emissions SO2 source 2019 (tons) border (km) emissions (km) (tons)

Clean Harbors Environmental 7768011 205.9 15 95 (HollyFrontier Cheyenne Refinery, Wyo- 174.7 Services, Inc. ming). Western Sugar Cooperative.. 7767911 144.7 35 107 (Basin Electric Power Cooperative— ∧5261 Laramie River Station, Wyoming). Ash Grove Cement Co ...... 7287311 681.4 24 33 (MidAmerican Energy Co.—Walter Scott ∧5960 Jr., Iowa). Douglas Co Recycling Land- 7699311 164.6 25 41 (MidAmerican Energy Co.—Walter Scott ∧5960 fill. Jr., Iowa). Lon D Wright Power Plant .... 7766111 ∧587.9 33 59 (MidAmerican Energy Co.—Walter Scott ∧5960 Jr., Iowa). ∧ Based on 2020 emissions.

TABLE 12—NEIGHBORING STATE SO2 SOURCES NEAR NEBRASKA *

Distance to Distance to nearest Nebraska Nebraska 2019 SO2 Nebraska source 2020 Source Facility ID emissions SO2 source (tons) border emissions (km) (km) (tons)

Exide Technologies Canon Hollow 8230311 158.5 7.2 80 (OPPD Nebraska City Station) ... 11,480 (Missouri). * Table 12 does not include sources duplicative of Table 11.

As shown, there are two Nebraska wind rose for the Plattsmouth airport Cement Company and Douglas County sources (Ash Grove Cement Company that depicts the predominant wind Recycling Landfill to the Nebraska and Douglas County Recycling Landfill) pattern in the area as being in a border, the localized nature of SO2, and located within 50 kilometers of a cross- Southeast-Northwest pattern which the general wind patterns in the area as state source, MidAmerican Energy Co.— would blow emissions away from the referenced by Nebraska, the EPA agrees Walter Scott Jr., located in the State of Walter Scott Jr. facility in Iowa.65 For that it is unlikely these Nebraska Iowa. As previously discussed and the Douglas County Recycling Landfill, sources could on their own cause or shown in Table 10, modeling submitted Nebraska included a wind rose for the contribute to a violation in the to the EPA by the State of Iowa for the Omaha/Eppley airport that depicts the neighboring State of Iowa. Pottawattomie County area, containing predominant wind pattern in the area as For the remaining three Nebraska Walter Scott Jr., indicates that the being in a South-Southeast and North- sources listed in Table 11, there are no highest predicted 99th percentile daily Northwest wind pattern which would cross-state sources located within 50 km maximum 1-hour concentration within keep emissions from Douglas County of the Nebraska source meaning it is the modeling domain is 51.1 ppb. Recycling Landfill in Nebraska.66 unlikely there is an air quality problem Additionally, as shown in Table 8, the Nebraska also referenced the low design in the neighboring state to which the most recent 3-year design value for values at the monitors located in Omaha Nebraska sources could contribute. Douglas County, Nebraska, containing (as shown in Table 2) between the Additionally, based on the distance the North Omaha Station is 34 ppb. Douglas County Recycling Landfill and from each Nebraska source to the border Nebraska evaluated available the Walter Scott Jr. facility in Iowa that along with the localized nature of SO2, meteorological data to determine the similarly support the claim that the the EPA finds it unlikely that these wind patterns near Ash Grove Cement Douglas County Recycling Landfill is sources could on their own cause or Company and Douglas County not causing or contributing to violations contribute to a violation in any other Recycling Landfill. For the Ash Grove of the NAAQS in Iowa. Based on the state. As shown in Table 12, Exide Cement Company, Nebraska included a respective distances from Ash Grove Technologies in Missouri is located 7

64 65 Nebraska limited its analysis to Nebraska unusual physical factors, Nebraska sources emitting See page 24 of Nebraska’s SO2 Transport SIP sources of SO2 emitting at least 100 tpy. We agree less than 100 tpy can appropriately be presumed to Submittal included in the docket for this action for with Nebraska’s choice to limit its analysis in this not be causing or contributing to SO2 the wind rose referenced by Nebraska. 66 way, because in the absence of special factors, for concentrations above the NAAQS. See page 32 of Nebraska’s SO2 Transport SIP example the presence of a nearby larger source, a Submittal included in the docket for this action for high concentration of small sources in an area, or the wind rose referenced by Nebraska.

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km from the Nebraska border; however, of the EPA’s emissions trends data.67 Highway Diesel Fuel Sulfur Control there are no Nebraska sources within 50 From 2000 to 2019, total statewide SO2 Requirements (Heavy-Duty Diesel Rule) km which could contribute to a emissions decreased by the following required refiners to start producing potential air quality problem in proportions: Colorado (85% decrease), diesel fuel for use in highway vehicles Missouri near the Exide facility. Iowa (76% decrease), Kansas (83% with a sulfur content of no more than decrease), Missouri (72% decrease), 15 ppm as of June 1, 2006.73 NSPS for In conclusion, for interstate transport Nebraska (40% decrease), South Dakota various source categories, including but prong 1, we reviewed ambient SO 2 (88% decrease) and Wyoming (70% not limited to Industrial-Commercial- monitoring data and SO2 emissions 74 decrease). This trend of decreasing SO2 Institutional Steam Generating Units; information as well as available emissions does not by itself demonstrate Sulfuric Acid Plants; 75 Stationary Gas modeling information for sources both that areas in Nebraska and neighboring and Combustion Turbines; 76 Portland within Nebraska and in neighboring states will not have issues maintaining Cement Manufacturing; 77 Electric states within 50 km of Nebraska’s the 2010 SO2 NAAQS. However, as a Utility Steam Generating Units borders. Based on this analysis, we piece of this weight of evidence analysis (Boilers); 78 and Onshore Natural Gas propose to determine that Nebraska will for prong 2, it provides further Processing,79 establish standards which not significantly contribute to indication (when considered alongside reduce SO2 emissions. nonattainment of the 2010 SO2 NAAQS low monitor values in neighboring In addition, the EPA’s Tier 3 Motor in any other state, per the requirements states as depicted in Table 2) that such Vehicle Emission and Fuel Standards 80 of CAA section 110(a)(2)(D)(i)(I). maintenance issues are unlikely. This is Rule also reduce SO2 emissions by because the geographic scope of these establishing gasoline sulfur standards 3. The EPA’s Prong 2 Evaluation reductions and their large sizes strongly that reduce SO2 emissions from certain In its prong 2 analysis, Nebraska suggest that they are not transient effects types of mobile sources. The EPA finds reviewed potential SO impacts on from reversible causes, and thus these that these federal measures have and 2 continue to lower SO emissions, designated maintenance areas. The EPA reductions suggest that there is very low 2 which, in turn, are expected to continue interprets CAA section 110(a)(2)(D)(i)(I) likelihood that a strong upward trend in emissions will occur that might cause to support the EPA’s proposed prong 2 to require an evaluation of the areas presently in attainment to violate conclusion that SO2 emissions from potential impact of a state’s emissions the NAAQS. These reductions have Nebraska will not contribute on areas that are currently measuring been caused by regulatory requirements significantly to nonattainment or clean data, but that may have issues in Nebraska and the downwind states interfere with maintenance of the 2010 maintaining that air quality, rather than and by economic factors, such as low 1-hour SO2 NAAQS in another state. only former nonattainment, and thus natural gas prices and the increasing As noted in Nebraska’s submission, current maintenance, areas. Nebraska supply of renewable energy, that are not any future large sources of SO2 also performed a prong 2 analysis based likely to be reversed.68 emissions will be addressed by on the EPA’s interpretation, noting that The EPA also evaluated federal Nebraska’s SIP-approved PSD 81 monitors located near Nebraska in regulations which have helped to program. Future minor sources of SO2 neighboring states showed very low reduce SO2 emissions from various emissions will be addressed by levels of SO2 and emissions in Nebraska sources in Nebraska and neighboring Nebraska’s minor new source review and neighboring states have decreased, states. The EPA’s Acid Rain Program set permit program.82 The permitting indicating they should not be a permanent cap on the total amount of regulations contained within these considered to have maintenance issues SO2 that may be emitted by EGUs in the programs should help ensure that for this NAAQS. contiguous United States.69 CSAPR ambient concentrations of SO2 in requires significant reductions in SO neighboring states are not exceeded as a The EPA has reviewed Nebraska’s 2 emissions from power plants in the result of new facility construction or analysis and other available information eastern half of the United States, modification occurring in Nebraska. on SO2 air quality and emission trends including Nebraska and neighboring In conclusion, for interstate transport to evaluate the state’s conclusion that states.70 MATS requires reductions of prong 2, we reviewed additional Nebraska will not interfere with emissions of heavy metals which, as a information about SO2 air quality and maintenance of the 2010 SO2 NAAQS in co-benefit, reduce emissions of SO2, and emission trends, federal regulations, and downwind states. This evaluation establishes alternative numeric emission Nebraska’s permitting regulations, as builds on the analysis regarding standards, including SO2 (as an well as the technical information significant contribution to alternate to hydrochloric acid).71 The nonattainment (prong 1), which EPA’s Nonroad Diesel Rule will reduce 73 See 40 CFR parts 69, 80, and 86. See also 66 evaluated monitored ambient sulfur levels from about 3,000 parts per FR 5002. 74 See 40 CFR part 60, subpart Da and 40 CFR part concentrations of SO2 in Nebraska and million (ppm) to 15 ppm when fully 63. See also 77 FR 9304. 72 neighboring states, available modeling implemented. The EPA’s Heavy-Duty 75 See 40 CFR part 60, subparts A, D, E, F, G and results, the distances between cross- Engine and Vehicle Standards and H. See also 36 FR 24876. 76 state SO2 sources, and other factors. The See 40 CFR part 60, subparts GG and KKKK. 67 See also 71 FR 38482 and 44 FR 52792. EPA is proposing to find that SO2 levels Additional emissions trends data are available at: https://www.epa.gov/air-emissions-inventories/ 77 See 40 CFR parts 60 and 63. See also 75 FR in neighboring states near the Nebraska air-pollutant-emissions-trends-data. 54970. border do not indicate any inability to 68 Nebraska provided information on emission 78 See 40 CFR part 60, subpart Da and 40 CFR part maintain the SO2 NAAQS that could be reductions and control equipment for certain 63. See also 77 FR 9304. attributed in part to sources in sources in its SIP and the EPA summarized this 79 See 40 CFR part 60, subpart LLL. See also 77 information in its prong 1 analysis. Nebraska. FR 49490. 69 See 40 CFR parts 72 through 78. 80 See 40 CFR parts 79, 80, 85, 86, 600, 1036, As shown in Table 1, the statewide 70 See 40 CFR part 97. See also 76 FR 48208. 1037, 1039, 1042, 1048, 1054, 1065, and 1066. See 71 also 79 FR 23414. SO2 emissions from Nebraska and See 40 CFR parts 60 and 63. See also 77 FR 81 neighboring states have decreased 9304. See EPA’s final action of the PSD portions of 72 See 40 CFR parts 9, 69, 80, 86, 89, 94, 1039, Nebraska’s SIP, at 83 FR 14179, April 2, 2018. substantially over time, per our review 1048, 1051, 1065, and 1068. See also 69 FR 38958. 82 Id.

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considered for interstate transport prong action is being taken under section 110 • Do not provide the EPA with the 1. We find that the combination of low of the CAA. discretionary authority to address, as ambient concentrations of SO2 in appropriate, disproportionate human VII. Statutory and Executive Order Nebraska and neighboring states, health or environmental effects, using Reviews available modeling results, the distances practicable and legally permissible between cross-state SO2 sources, the Under the Clean Air Act, the methods, under Executive Order 12898 downward trend in SO2 emissions from Administrator is required to approve a (59 FR 7629, February 16, 1994). Nebraska and surrounding states, and SIP submission that complies with the In addition, these SIPs are not state measures that prevent new facility provisions of the Act and applicable approved to apply on any Indian construction or modification in federal regulations. 42 U.S.C. 7410(k); reservation land or in any other area Nebraska from causing SO2 exceedances 40 CFR 52.02(a). Thus, in reviewing SIP where the EPA or an Indian tribe has in downwind states, indicates no submissions, the EPA’s role is to demonstrated that a tribe has interference with maintenance of the approve state choices, provided that jurisdiction. In those areas of Indian 2010 SO2 NAAQS from Nebraska in they meet the criteria of the CAA. country, the rule does not have tribal other states. Accordingly, we propose to Accordingly, these proposed actions implications and will not impose determine that Nebraska SO2 emission merely approve state law as meeting substantial direct costs on tribal sources will not interfere with federal requirements and do not impose governments or preempt tribal law as maintenance of the 2010 SO2 NAAQS in additional requirements beyond those specified by Executive Order 13175 (65 any other state, per the requirements of imposed by state law. For that reason, FR 67249, November 9, 2000). CAA section 110(a)(2)(D)(i)(I). these proposed actions: • Are not significant regulatory List of Subjects in 40 CFR Part 52 V. Requirements for Approval of a SIP actions subject to review by the Office Revision Environmental protection, Air of Management and Budget under pollution control, Incorporation by The State submissions have met the Executive Order 12866 (58 FR 51735, reference, Intergovernmental relations, public notice requirements for SIP October 4, 1993); submissions in accordance with 40 CFR • Do not impose an information Nitrogen dioxide, Particulate matter, 51.102. The submissions also satisfied collection burden under the provisions Reporting and recordkeeping the completeness criteria of 40 CFR part of the Paperwork Reduction Act (44 requirements, Sulfur dioxide, Volatile 51, appendix V. Kansas provided public U.S.C. 3501 et seq.); organic compounds. notice on its SIP revision from January • Are certified as not having a Authority: 42 U.S.C. 7401 et seq. 16, 2020, to February 17, 2020, and significant economic impact on a Dated: June 8, 2021. received no comments. Nebraska substantial number of small entities Edward H. Chu, provided public notice on its SIP under the Regulatory Flexibility Act (5 Acting Regional Administrator, Region 7. revision from September 14, 2020, to U.S.C. 601 et seq.); October 16, 2020, and received no • Do not contain any unfunded For the reasons stated in the comments. In addition, the revision mandate or significantly or uniquely preamble, the EPA proposes to amend meets the substantive SIP requirements affect small governments, as described 40 CFR part 52 as set forth below: of the CAA, including section 110 and in the Unfunded Mandates Reform Act implementing regulations. of 1995 (Pub. L. 104–4); PART 52—APPROVAL AND • Do not have Federalism PROMULGATION OF VI. Proposed Action implications as specified in Executive IMPLEMENTATION PLANS The EPA is proposing to approve the Order 13132 (64 FR 43255, August 10, following submittals as meeting the 1999); ■ 1. The authority citation for part 52 interstate transport requirements of • Are not economically significant continues to read as follows: CAA section 110(a)(2)(D)(i)(I) for the regulatory actions based on health or Authority: 42 U.S.C. 7401 et seq. 2010 SO2 NAAQS: Kansas’ April 7, 2020 safety risks subject to Executive Order submittal and Nebraska’s October 27, 13045 (62 FR 19885, April 23, 1997); Subpart R—Kansas 2020 submittal. The EPA is proposing • Are not significant regulatory this approval based on our review of the actions subject to Executive Order ■ 2. In § 52.870, the table in paragraph information and analysis provided by 13211 (66 FR 28355, May 22, 2001); (e) is amended by adding the entry each state, as well as additional relevant • Are not subject to requirements of ‘‘(46)’’ in numerical order to read as information, which indicates that in- section 12(d) of the National follows: state air emissions will not contribute Technology Transfer and Advancement significantly to nonattainment or Act of 1995 (15 U.S.C. 272 note) because § 52.870 Identification of plan. interfere with maintenance of the 2010 this action does not involve technical * * * * * SO2 NAAQS in any other state. This standards; and (e) * * * EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

Applicable geographic or State Name of nonregulatory SIP provision nonattainment submittal EPA approval date Explanation area date

******* (46) Section 110(a)(2)(D)(i)(I)—significant contribution Statewide ...... 4/7/2020 [Date of publication of final rule in [EPA–R07–OAR–2021–0365; FRL– to nonattainment (prong 1), and interfering with the Federal Register], [Federal 10024–81–Region 7]. This action maintenance of the NAAQs (prong 2) (Interstate Register citation of the final rule]. addresses the following CAA ele- Transport) Infrastructure Requirements for the ments: 110(a)(2)(D)(i)(I)—prongs 2010 SO2 NAAQS. 1 and 2.

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Subpart CC—Nebraska ‘‘(37)’’ in numerical order to read as § 52.1420 Identification of plan. follows: * * * * * ■ 3. In § 52.1420, the table in paragraph (e) is amended by adding the entry (e) * * * EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS

Applicable geo- State Name of nonregulatory SIP provision graphic or non- submittal EPA approval date Explanation attainment area date

******* (37) Section 110(a)(2)(D)(i)(I)—significant contribution Statewide ...... 10/27/2020 [Date of publication of final rule in [EPA–R07–OAR–2021–0365; FRL– to nonattainment (prong 1), and interfering with the Federal Register], [Federal 10024–81–Region 7]. This action maintenance of the NAAQs (prong 2) (Interstate Register citation of the final rule]. addresses the following CAA ele- Transport) Infrastructure Requirements for the ments: 110(a)(2)(D)(i)(I)—prongs 2010 SO2 NAAQS. 1 and 2.

[FR Doc. 2021–12501 Filed 6–14–21; 8:45 am] searching for ‘‘FTR Case 2020–302–1. all relocation entitlements subject to BILLING CODE 6560–50–P Select the link ‘‘Comment Now’’ that additional tax liability. corresponds with ‘‘FTR Case 2020–302– To assist with the additional tax 1.’’ Follow the instructions provided on liability, agencies are authorized to pay GENERAL SERVICES the screen. Please include your name, WTA and RITA to cover ‘‘substantially ADMINISTRATION company name (if any), and ‘‘FTR Case all’’ of the increased tax liability 2020–302–1’’ on your attached resulting from receipt of the relocation 41 CFR Parts 300–3, 302–2, 302–3, document. If your comment cannot be expense reimbursements either paid 302–12, 302–15, and 302–17 submitted using https:// directly or indirectly. However, in the [FTR Case 2020–302–1; Docket No. 2020– www.regulations.gov, call or email the version of 5 U.S.C. 5724b immediately 0019, Sequence 1] points of contact in the FOR FURTHER preceding the passage of Section 1114 of INFORMATION CONTACT section of this the ‘‘National Defense Authorization RIN 3090–AK31 document for alternate instructions. Act for Fiscal Year 2020’’ (Pub. L. 116– Instructions: Please submit comments 92) (‘‘the Act’’), WTA and RITA were Federal Travel Regulation; Taxes on only and cite FTR Case 2020–302–1, in available only to employees Relocation Expenses, Withholding Tax all correspondence related to this case. ‘‘transferred’’ in the interest of the Allowance (WTA) and Relocation Comments received generally will be Government from one official station or Income Tax Allowance (RITA) posted without change to http:// agency to another for permanent duty. Eligibility www.regulations.gov, including any Previously, new appointees AGENCY: Office of Government-wide personal and/or business confidential (including political appointees), Senior Policy (OGP), General Services information provided. To confirm Executive Service (SES) employees Administration (GSA). receipt of your comment(s), please performing a ‘‘last move home’’, ACTION: Proposed rule. check www.regulations.gov, employees returning from an overseas approximately two to three days after assignment for the purpose of separating SUMMARY: The General Services submission to verify posting. from Government service, and those Administration (GSA), in consultation FOR FURTHER INFORMATION CONTACT: Mr. assigned under GETA were not eligible with the Secretary of the Treasury, is Rodney (Rick) Miller, Program Analyst, for WTA and RITA as such individuals proposing to amend the Federal Travel Office of Government-wide Policy, at were not ‘‘transferred’’ in the interest of Regulation (FTR) to authorize 202–501–3822 or [email protected] the Government from one official station Withholding Tax Allowance (WTA) and for clarification of content. For or agency to another for permanent Relocation Income Tax Allowance information pertaining to status or duty. The suspension of qualified (RITA) to all individuals who receive publication schedules, contact the moving expense deductions in Public relocation allowances paid by the Regulatory Secretariat Division at 202– Law 115–97 substantially increased the Federal Government. This amendment 501–4755 or [email protected]. tax liability of these individuals, which is in accordance with legislative Please cite ‘‘FTR Case 2020–302–1.’’ could not be reimbursed through WTA changes to GSA’s statutory authority for SUPPLEMENTARY INFORMATION: or RITA. taxes on reimbursements for travel, However, Section 1114 of the Act transportation, and relocation expenses I. Background amended 5 U.S.C. 5724b to expand as enacted in the National Defense Federal agencies authorize relocation eligibility for WTA and RITA beyond Authorization Act for Fiscal Year 2020. entitlements to those listed at FTR ‘‘transferred’’ employees to include all DATES: Interested parties should submit § 302–1.1 and those assigned under the individuals whose travel, written comments to the Regulatory Government Employees Training Act transportation, or relocation expenses Secretariat at one of the addresses (GETA) (5 U.S.C. Chapter 41). are reimbursed or furnished in kind shown below on or before August 16, Public Law (Pub. L.) 115–97, known pursuant to subchapter 57 or chapter 41 2021 to be considered in the formation as the ‘‘Tax Cuts and Jobs Act of 2017,’’ of title 5, U.S.C. These individuals of the final rule. suspended qualified moving expense include, among others, those not ADDRESSES: Submit comments in deductions along with the exclusion for previously eligible for WTA and RITA, response to FTR Case 2020–302–1: employer reimbursements and e.g., new appointees (including political Regulations.gov: http:// payments of moving expenses effective appointees), employees returning from www.regulations.gov. Submit comments January 1, 2018, for tax years 2018 an overseas assignment for the purpose via the Federal eRulemaking portal by through 2025, therefore making almost of separation from Government service,

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SES employees eligible for last move incentives for new appointees who are administrative changes provide further home entitlements, and those assigned not entitled to real estate expenses. clarification with no impact to agencies. under GETA. The Act also includes a Additionally, this proposed rule will Therefore, an Initial Regulatory retroactive effective date to January 1, indicate, as relevant, where allowances Flexibility Analysis has not been 2018 to allow those individuals who are intended to apply more broadly to performed. GSA invites comments from received taxable travel, transportation, other relocating individuals (e.g., small business concerns and other or relocation allowances since January appointments, reassignments, interested parties on the expected 1, 2018 to now submit a RITA claim for separations, and last move(s) home) in impact of this proposed rule on small the additional tax liability. addition to transferred employees. entities. Of note, 5 U.S.C. 5724b(b) contains an II. Executive Orders 12866 and 13563 GSA will also consider comments apparent typographical error as shown from small entities concerning the here in bold: ‘‘(b) For purposes of this Executive Orders (E.O.) 12866 and existing regulations in subparts affected section, the term ‘travel, transportation, 13563 direct agencies to assess all costs by the proposed rule in accordance with or relocation expenses’ means all travel, and benefits of available regulatory 5 U.S.C. 610. Interested parties must transportation, or relocation expenses alternatives, and if regulation is submit such comments separately and reimbursed or furnished in kind necessary, to select regulatory should cite 5 U.S.C. 610 (FTR Case pursuant to this subchapter of chapter approaches that maximize net benefits 2020–302–1), in correspondence. 41.’’ (emphasis added). A literal (including potential economic, implementation of the text would environmental, public health and safety V. Paperwork Reduction Act render this statutory provision effects, distributive impacts, and The Paperwork Reduction Act does meaningless because ‘‘this subchapter of equity). E.O. 13563 emphasizes the not apply because the changes to the chapter 41’’ does not exist. Accordingly, importance of quantifying both costs FTR do not impose recordkeeping or GSA developed a legislative proposal to and benefits, of reducing costs, of information collection requirements, or correct the typographical error. harmonizing rules, and of promoting the collection of information from However, until such time as a statutory flexibility. This is anticipated to be a offerors, contractors, or members of the amendment is made, GSA will significant regulatory action and, public that require the approval of the implement 5 U.S.C. 5724b(b) as if it therefore, was subject to review under Office of Management and Budget reads ‘‘. . . pursuant to this subchapter section 6(b) of E.O. 12866, Regulatory (OMB) under 44 U.S.C. 3501, et seq. or chapter 41.’’ (emphasis added). GSA’s Planning and Review, dated September decision is based on conversations with 30, 1993. This proposed rule is not List of Subjects in 41 CFR Parts 300–3, Congress, and is aimed at avoiding a anticipated to be a major rule under 5 302–2, 302–3, 302–12, 302–15, and 302– literal interpretation of the statute U.S.C. 804. 17 which would produce an absurd result that is demonstrably at odds with III. Congressional Review Act Government employees, Income taxes, Congressional intent. This proposed rule is not a major rule Travel and transportation expenses. Pursuant to 5 U.S.C. 5738, the under 5 U.S.C. 804(2). Subtitle E of the Krystal J. Brumfield, Administrator of General Services is Small Business Regulatory Enforcement Associate Administrator, Office of mandated to prescribe necessary Fairness Act of 1996 (codified at 5 Government-wide Policy. regulations regarding Federal employees U.S.C. 801–808), also known as the who relocate in the interest of the Congressional Review Act or CRA, Therefore, GSA proposes amending Government. The overall implementing generally provides that before a rule 41 CFR parts 300–3, 302–2, 302–3, 302– authority is the FTR, codified in Title 41 may take effect, the agency 12, 302–15, and 302–17 as set forth of the Code of Federal Regulations, promulgating the rule must submit a below: Chapters 300–304 (41 CFR Chapters rule report, which includes a copy of PART 300–3—GLOSSARY OF TERMS 300–304). the rule, to each House of the Congress This proposed rule would amend FTR and to the Comptroller General of the ■ sections pertaining to eligibility for United States. The GSA will submit a 1. The authority citation for 41 CFR WTA and RITA in accordance with report containing this proposed rule and part 300–3 continues to read as follows: statutory changes to 5 U.S.C. 5724b. other required information to the U.S. Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Specifically, this amendment will Senate, the U.S. House of 49 U.S.C. 40118; 5 U.S.C. 5738; 5 U.S.C. update relevant tables in FTR Part 302– Representatives, and the Comptroller 5741–5742; 20 U.S.C. 905(a); 31 U.S.C. 1353; 3 to include RITA as a mandatory General of the United States. A major E.O. 11609, as amended, 3 CFR, 1971–1975 Comp., p. 586; Office of Management and allowance that agencies must pay or rule under the CRA cannot take effect Budget Circular No. A–126, revised May 22, reimburse. until 60 days after it is published in the 1992. This proposed rule will also adjust Federal Register. OIRA has determined the relocation tables at §§ 302–3.2 and that this proposed rule is not a ‘‘major ■ 2. Amend § 300–3.1 by revising the 302–3.101 to update certain mandatory rule’’ as defined by 5 U.S.C. 804(2). heading of the definition of ‘‘Relocation and discretionary relocation service company (RSC)’’ and the first IV. Regulatory Flexibility Act entitlements depending on the sentence to read as follows: individual’s type of movement. Updates GSA does not expect this proposed § 300–3.1 What do the following terms to the tables include, but are not limited rule to have a significant economic mean? to, adding use of a relocation services impact on a substantial number of small company, home marketing incentives, entities within the meaning of the * * * * * and temporary quarters subsistence Regulatory Flexibility Act, 5 U.S.C. 601, Relocation services company (RSC)— expense (TQSE) as discretionary et seq because it applies only to Federal A third-party supplier under contract allowances to, from, or between non- agencies and employees and it affects with an agency to assist an eligible foreign areas. The tables will also be less than one percent of all federal individual who relocates. * * * updated to remove home marketing employees’ relocations. The * * * * *

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PART 302–2—EMPLOYEES CONUS or OCONUS, renewal § 302–2.101 When may we authorize ELIGIBILITY REQUIREMENTS agreement travel, or assignment under reimbursement for relocation expenses? GETA. The minimum periods of service ■ 3. The authority citation for 41 CFR You may authorize reimbursement for are: part 302–2 continues to read as follows: relocation expenses: (a) Within CONUS for a period of Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a). (a) When you have determined that an service of not less than 12 months ■ 4. Revise § 302–2.1 to read as follows: eligible individual’s relocation is in the following the effective date of your best interest of the Government as § 302–2.1 When may I begin my appointment or transfer; specified in § 302–1.1; and relocation? (b) OCONUS for an agreed upon (b) Only after an eligible individual You may begin your relocation only period of service of not more than 36 has signed a service agreement to after your agency has approved your months or less than 12 months remain in service for the period travel authorization (TA) in writing following the effective date of your specified in § 302–2.14. (paper or electronic). appointment or transfer; ■ 5. Revise § 302–2.13 to read as PART 302–3—RELOCATION follows: (c) Department of Defense Overseas Dependent School System teachers for a ALLOWANCE BY SPECIFIC TYPE § 302–2.13 What is a service agreement? period of not less than one school year A service agreement is a written and as determined under chapter 25 of Title ■ 9. The authority citation for 41 CFR signed agreement between you and your 20, United States Code; part 302–3 continues to read as follows: agency. The service agreement states (d) For renewal agreement travel, a Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a). that you will remain in the service of period of not less than 12 months from § 302–3.2 [Amended] the Government, after you have the date of return to the same or relocated, for a period of time as different overseas official station; and ■ 10. Amend § 302–3.2 by: specified in § 302–2.14. A service agreement must also include the (e) For assignment under GETA, not ■ A. Revise the section heading and the duplicate reimbursement disclosure less than three times the length of the first sentence of the introductory statement specified in §§ 302–2.21, 302– training period as prescribed by the paragraph. 2.22, and 302–2.100(g). head of your agency. ■ B. Revise Tables A and B. The Note 1 to § 302–2.13. A service agreement ■ 7. Revise § 302–2.17 to read as revisions read as follows: is not required for a ‘‘last move home’’ follows. relocation, a temporary change of station, or § 302–3.2 As a new appointee or student separation from Government service. trainee what relocation expenses may my ■ § 302–2.17 Must I sign a service agreement 6. Revise § 302–2.14 to read as for a ‘‘last move home’’ relocation or agency pay or reimburse me for incident to follows. separation from Government service? an assignment to my first official station? § 302–2.14 Am I required to sign a service No, you do not need to sign a service As a new appointee or student trainee agreement for an appointment or transfer assigned to your first official station, CONUS or OCONUS, renewal agreement agreement for a ‘‘last move home’’ travel, or assignment under GETA, and relocation or separation from your agency may pay or reimburse you what is the minimum period of service? Government service. the relocation expenses indicated for the Yes, you are required to sign a service ■ 8. Revise § 302–2.101 to read as type of assignment in Tables A and B of agreement for appointment or transfer follows: this section. * * *

TABLE A—ASSIGNED TO FIRST OFFICIAL STATION IN THE CONTINENTAL UNITED STATES (CONUS)

Column 2—Relocation allowances that agency has discretionary au- Column 1—Relocation allowances that agency must pay or reimburse thority to pay or reimburse

1. Transportation of employee & immediate family member(s) (part 1. Shipment of privately owned vehicle (POV) (part 302–9 of this chap- 302–4 of this chapter). ter). 2. Per diem for employee only (part 302–4 of this chapter) ...... 2. Use of a relocation services company (part 302–12 of this chapter). 3. Transportation & temporary storage of household goods (part 302–7 of this chapter). 4. Extended storage of household goods (part 302–8 of this chapter).1 5. Transportation of a mobile home or boat used as a primary resi- dence in lieu of the transportation of household goods (part 302–10 of this chapter). 6. Relocation income tax allowance (RITA) (part 302–17 of this chap- ter). 1 Note to Column 1, Item 4: Only when assigned to a designated isolated official station in CONUS.

TABLE B—ASSIGNED TO FIRST OFFICIAL STATION OUTSIDE THE CONTINENTAL UNITED STATES (OCONUS)

Column 2—Relocation allowances that agency has discretionary au- Column 1—Relocation allowances that agency must pay or reimburse thority to pay or reimburse

1. Transportation of employee & immediate family member(s) (part 1. Shipment of privately owned vehicle (POV) (part 302–9 of this chap- 302–4 of this chapter). ter).

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TABLE B—ASSIGNED TO FIRST OFFICIAL STATION OUTSIDE THE CONTINENTAL UNITED STATES (OCONUS)—Continued

Column 2—Relocation allowances that agency has discretionary au- Column 1—Relocation allowances that agency must pay or reimburse thority to pay or reimburse

2. Per diem employee only (part 302–4) ...... 2. Temporary quarters subsistence expense (TQSE) is not authorized in a foreign area; however, you may be entitled to the following under the Department of State Standardized Regulations (Govern- ment Civilians—Foreign Areas) which is available from the Super- intendent of Documents, Washington, DC 20402. (a) Foreign Transfer Allowance (FTA) (Subsistence Expense) for quar- ters occupied temporarily before departure from the 50 states or the District of Columbia for an official station in a foreign area incident to a permanent change of station and travel to first official station over- seas. (b) Temporary quarters subsistence allowance ((TQSA) when a trans- fer is authorized to a foreign area. (c) The miscellaneous expense portion of the FTA is authorized inci- dent to first official station travel to a foreign area. 3. Transportation & temporary storage of household goods (part 302–7 3. Use of a relocation services company (part 302–12 of this chapter). of this chapter). 4. Extended storage of household goods (part 302–8 of this chapter). 5. Relocation income tax allowance (RITA) (part 302–17 of this chap- ter).

■ 11. Amend Part 302–3 by revising the employee’’ after the words ‘‘transferred ■ d. Revising Tables A, B, C, D, F, G, heading to Subpart B to read as follows: employee’’; and I. ■ b. Amending the first sentence of the The revisions read as follows: Subpart B—Transferred Employees introductory text by adding the words and Other Relocated Employees ‘‘or other relocated employee’’ after the § 302–3.101 As a transferred employee or words ‘‘transferred employee’’; and other relocated employee what relocation § 302–3.101 [Amended] ■ c. Amending the second sentence of allowances must my agency pay or ■ 12. Amend § 302–3.101 by: the introductory text by removing the reimburse to me? ■ a. Amending the section heading by word ‘‘transfer’’ and adding the word * * * * * adding the words ‘‘or other relocated ‘‘relocation’’ in its place.

TABLE A—TRANSFER BETWEEN OFFICIAL STATIONS IN THE CONTINENTAL UNITED STATES (CONUS)

Column 2—Relocation allowances that agency has discretionary au- Column 1—Relocation allowances that agency must pay or reimburse thority to pay or reimburse

1. Transportation & per diem for employee & immediate family mem- 1. Househunting per diem & transportation, employee & spouse only ber(s) (part 302–4 of this chapter). (part 302–5 of this chapter). 2. Miscellaneous moving expense (part 302–16 of this chapter) ...... 2. Temporary quarters subsistence expense (TQSE) (part 302–6 of this chapter). 3. Sell or buy residence transactions or lease termination expenses 3. Shipment of privately owned vehicle (POV) (part 302–9 of this chap- (part 302–11 of this chapter). ter). 4. Transportation & temporary storage of household goods (part 302–7 4. Use of a relocation services company (part 302–12 of this chapter). of this chapter). 5. Extended storage of household goods (part 302–8 of this chapter). 1 5. Property management services (part 302–15 of this chapter) 6. Transportation of a mobile home or boat used as a primary resi- 6. Home marketing incentives (part 302–14 of this chapter). dence in lieu of the transportation of household goods (part 302–10 of this chapter).2 7. Relocation income tax allowance (RITA) (part 302–17 of this chap- ter). 1 Note to Column 1, Item 5: Only when assigned to a designated isolated official station in CONUS. 2 Note to Column 1, Item 6: Mobile homes may be shipped within CONUS, within Alaska, and through Canada en route between Alaska and CONUS or through Canada between one CONUS point and another (e.g., between Buffalo, NY and Detroit, MI).

TABLE B—TRANSFER FROM CONUS TO AN OFFICIAL STATION OUTSIDE THE CONTINENTAL UNITED STATES (OCONUS)

Column 2—Relocation allowances that agency has discretionary au- Column 1—Relocation allowances that agency must pay or reimburse thority to pay or reimburse

1. Transportation & per diem for employee & immediate family mem- 1. Temporary quarters subsistence expense (TQSE) when transfer is ber(s) (part 302–4 of this chapter). to a non-foreign area. In foreign areas you may be entitled to the fol- lowing under the Department of State Standardized Regulations (DSSR) (Government Civilians—Foreign Areas): (a) A Foreign Transfer Allowance (FTA) for quarters occupied tempo- rarily before departure from the 50 states or the District of Columbia for an official station in a foreign area incident to a permanent change of station and travel to first official station overseas.

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TABLE B—TRANSFER FROM CONUS TO AN OFFICIAL STATION OUTSIDE THE CONTINENTAL UNITED STATES (OCONUS)—Continued

Column 2—Relocation allowances that agency has discretionary au- Column 1—Relocation allowances that agency must pay or reimburse thority to pay or reimburse

(b) Temporary quarters subsistence allowance (TQSA). 2. Miscellaneous expense allowance (part 302–16 of this chapter) ...... 2. Property management services (part 302–15 of this chapter). 3. Transportation & temporary storage of household goods (part 302–7 3. Shipment of a privately owned vehicle (part 302–9 of this chapter). this chapter). 4. Extended storage of household goods (part 302–8 of this chapter) ... 4. Use of relocation service companies (part 302–12 of this chapter). 5. Home marketing incentives when transfer is to a non-foreign area (part 302–14 of this chapter). 6. Relocation income tax allowance (RITA) (part 302–17 of this chap- 6. Househunting per diem & transportation, employee & spouse only ter). when transfer is to a non-foreign area (part 302–5 of this chapter.

TABLE C—TRANSFER FROM OCONUS OFFICIAL STATION TO AN OFFICIAL STATION IN CONUS

Column 2—Relocation allowances that agency has discretionary au- Column 1—Relocation allowances that agency must pay or reimburse thority to pay or reimburse

(1) Transportation & per diem for employee & immediate family mem- (1) Shipment of a privately owned vehicle (part 302–9 of this chapter). ber(s) (part 302–4 of this chapter). (2) Miscellaneous expense allowance (part 302–16 of this chapter) ...... (2) Temporary quarters subsistence expense (TQSE) (part 302–6 of this chapter).2 (3) Sell & buy residence transaction expenses or lease termination ex- (3) Use of a relocation services company (part 302–12 of this chapter). penses (part 302–11 of this chapter)1. (4) Transportation & temporary storage of household goods (part 302– (4) Home marketing incentives when transfer is from a non-foreign 7 of this chapter). area (part 302–14 of this chapter). (5) Extended storage of household goods only when assigned to a designated isolated official station in CONUS (part 302–8 of this chapter). (6) Relocation income tax allowance (RITA) (part 302–17 of this chap- ter). 1 Note to Column 1 Item 3: Allowed when old and new official stations are located in the United States. Also allowed when instead of being returned to the former official station in the United States, an employee is transferred in the interest of the Government to a different official sta- tion in the United States than from the official station from which transferred when assigned to the foreign official station. 2 Note to Column 2, Item 2: A TQSA under the DSSR may be authorized preceding final departure subsequent to the necessary vacating of residence quarters.

TABLE D—TRANSFER BETWEEN OCONUS OFFICIAL STATIONS

Column 2—Relocation allowances that agency has discretionary au- Column 1—Relocation allowances that agency must pay or reimburse thority to pay or reimburse

(1) Transportation & per diem for employee & immediate family mem- (1) Shipment of a privately owned vehicle (POV) (part 302–09 of this ber(s) (part 302–4 of this chapter). chapter). (2) Transportation & temporary storage of household goods (part 302– (2) Property management services (part 302–15 of this chapter). 7 of this chapter). (3) Miscellaneous expense allowance (part 302–16 of this chapter) ...... (3) Househunting per diem & transportation for employee & spouse only when transfer is between non-foreign areas (part 302–5 of this chapter). (4) Extended storage of household goods (part 302–8 of this chapter) .. (4) Temporary quarters subsistence expense (TQSE) when transfer is to or between non-foreign areas (part 302–6 of this chapter).1 (5) Sell & buy residence transaction expenses or lease termination ex- (5) Use of a relocation services company (part 302–12 of this chapter). penses when transfer is between non-foreign areas (part 302–11 of this chapter). (6) Relocation income tax allowance (RITA) (part 302–17 of this chap- (6) Home marketing incentives when transfer is between non-foreign ter). areas (part 302–14 of this chapter). 1Note to Column 2, item 4: TQSA may be authorized under the DSSR.

TABLE F—RETURN FROM OCONUS OFFICIAL STATION TO PLACE OF ACTUAL RESIDENCE FOR SEPARATION

Column 2—Relocation allowances that agency has discretionary au- Column 1—Relocation allowances that agency must pay or reimburse thority to pay or reimburse

1. Transportation for employee & immediate family member(s) (part 1. Shipment of a privately owned vehicle (POV) (part 302–9 of this 302–4 of this chapter). chapter). 2. Per diem for employee only (part 302–4 of this chapter) ...... 2. Use of a relocation services company (part 302–12 of this chapter). 3. Transportation & temporary storage of household goods (part 302–7 of this chapter).

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TABLE F—RETURN FROM OCONUS OFFICIAL STATION TO PLACE OF ACTUAL RESIDENCE FOR SEPARATION—Continued

Column 2—Relocation allowances that agency has discretionary au- Column 1—Relocation allowances that agency must pay or reimburse thority to pay or reimburse

4. Relocation income tax allowance (RITA) (part 302–17 of this chap- ter). Note to Table F: This table also applies to an employee returning to the CONUS to transfer to a new duty station after completing a tour of duty OCONUS if relocation expenses have not been authorized to the new duty station. In that case, and unless otherwise agreed to, the em- ployee is only eligible for return expenses from the OCONUS duty station to the employee’s actual residence, payable by the losing agency.

TABLE G—LAST MOVE HOME FOR TABLE G—LAST MOVE HOME FOR * * * * * SES CAREER APPOINTEES UPON SES CAREER APPOINTEES UPON SEPARATION FROM GOVERNMENT SEPARATION FROM GOVERNMENT SERVICE SERVICE—Continued

Column 1— Column 1— Relocation al- Column 2—Relocation allow- Relocation al- Column 2—Relocation allow- lowances that ances that agency has dis- lowances that ances that agency has dis- agency must cretionary authority to pay or agency must cretionary authority to pay or pay or reim- reimburse pay or reim- reimburse burse burse

1. Transpor- 1. Shipment of privately 4. Transpor- tation for owned vehicle (POV) (part tation of a employee & 302–9, subpart B of this mobile home immediate chapter). or boat used family mem- as a primary ber(s) (part residence in 302–4 of this lieu of the chapter). transpor- 2. Per diem for 2. Use of a relocation serv- tation of employee ices company (part 302– household only (part 12 of this chapter). goods (part 302–4 of this 302–10 of chapter). this chapter). 3. Transpor- 5. Relocation tation & tem- income tax porary stor- allowance age of (RITA) (part household 302–17 of goods (part this chapter).. 302–7 of this chapter).

TABLE I—ASSIGNMENT UNDER THE GOVERNMENT EMPLOYEES TRAINING ACT [5 U.S.C. 4109] 1

1. Transportation of employee & immediate family member(s) (part 302–4 of this chapter). 2. Per Diem for employee (part 302–4 of this chapter). 3. Movement of household goods & temporary storage (part 302–7 of this chapter). 4. Relocation income tax allowance (RITA) (part 302–17 of this chapter). 1 Note to Table I: The allowances listed in Table I may be authorized in lieu of per diem or actual expense allowances. This is not considered a permanent change of station.

§ 302–3.300 [Amended] ■ b. Removing in paragraph (g) the ‘‘.’’ § 302–3.503 Must we require employees to ■ 13. Amend § 302–3.300 by adding in from the end of the paragraph and sign a service agreement? the introductory paragraph the words adding the ‘‘ ; and’’ in its place; and Yes, you must require employees to ‘‘(see Table F in § 302–3.101 for a ■ c. Adding a new paragraph (h). sign a service agreement if the employee summary of allowances)’’ after the word The addition reads as follows: is receiving reimbursement for ‘‘goods’’. relocation travel expenses, except as provided in §§ 302–2.17, 302–3.300, and § 302–3.306 [Amended] § 302–3.427 What relocation allowances may my agency pay when I am permanently 302–3.410. ■ 14. Amend § 302–3.306 by removing assigned to my temporary official station? ■ 17. Amend § 302–3.505 by revising from the introductory paragraph the * * * * * paragraphs (a) through (d) and adding words ‘‘item 7 of Tables A and C in’’ paragraph (e) to read as follows: and adding the words ‘‘Table G to’’ in (h) Relocation income tax allowance its place. (RITA) under part 302–17 of this § 302–3.505 How long must we require an ■ 15. Amend § 302–3.427 by: chapter. employee to agree to the terms of a service ■ a. Removing in paragraph (f) the word ■ 16. Revise § 302–3.503 to read as agreement? ‘‘and’’ at the end of the paragraph; follows: * * * * *

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(a) Within CONUS for a period of § 302–17.1 What special terms apply to DEPARTMENT OF THE INTERIOR service of not less than 12 months this Part? following the effective date of * * * * * Bureau of Land Management appointment or transfer; Relocation income tax allowance 43 CFR Part 8365 (b) OCONUS for an agreed upon (RITA) means the payment to period of service of not more than 36 individuals to cover the difference [212.LLAZA01000.L1220000.DD0000] months or less than 12 months between the withholding tax allowance Notice of Proposed Supplementary following the effective date of (WTA), if any, and the actual income tax appointment or transfer; Rule for Public Lands at Virgin River liability incurred by the individual, and (c) Department of Defense Overseas Canyon Recreation Area in Mohave such individual’s spouse (if filing County, Arizona Dependent School System teachers for a jointly), as a result of their taxable period of not less than one school year relocation benefits, RITA is paid AGENCY: Bureau of Land Management, as determined under chapter 25 of Title whenever the actual income tax liability Interior. 20, United States Code; exceeds the WTA and applies to any ACTION: Proposed supplementary rule. (d) For renewal agreement travel, a travel, transportation, and relocation period of not less than 12 months from expenses reimbursed or furnished in SUMMARY: The Bureau of Land the date of return to the same or kind pursuant to chapter 57, subchapter Management (BLM) proposes to different overseas official station; and II of title 5 U.S.C. and 5 U.S.C. chapter establish a supplementary rule (e) For assignment under GETA, not 41. reinstating a 14-day camping limit at the less than three times the length of the Virgin River Canyon Recreation Area training period as prescribed by the * * * * * within the Arizona Strip Field Office, head of the agency. § 302–17.3 [Amended] Arizona Strip District, Mohave County, Arizona. The rule is needed to protect PART 302–12—USE OF A ■ 24. Amend § 302–17.3 by removing public health and safety, reduce user RELOCATION SERVICES COMPANY the words ‘‘transferred employees’’ and conflicts within the designated adding the words ‘‘employees or recreation area, and protect the area’s ■ 18. The authority citation for 41 CFR individuals eligible for relocation natural resources. part 302–12 continues to read as expense allowances under § 302–1.1’’ in DATES: follows: Interested parties may submit its place. comments to the BLM at one of the Authority: 5 U.S.C. 5738 and 20 U.S.C. ■ addresses below on or before August 16, 905(c). 25. Amend § 302–17.5 by revising the second sentence and adding a third 2021. § 302–12.100 [Amended] sentence to read as follows: ADDRESSES: Comments concerning this ■ 19. Amend § 302–12.100 by removing notice should be addressed to the § 302–17.5 Who is eligible for the WTA and Bureau of Land Management, Attention: from the first sentence the words ‘‘a the RITA? transferred employee in relocating to the Amanda Sparks, BLM Arizona Strip new official station’’ and adding the * * * You are eligible for the WTA Field Office, 345 East Riverside Drive, St George, AZ 84790, or email: blm_az_ words ‘‘an employee who relocates.’’ in and the RITA if you are relocating in the _ its place. interest of the Government, and your asdo [email protected]. agency’s reimbursements to you for FOR FURTHER INFORMATION CONTACT: PART 302–15—ALLOWANCE FOR relocation expenses result in you being Amanda Sparks, Assistant Field PROPERTY MANAGEMENT SERVICES liable for additional income taxes. Manager, Arizona Strip Field Office, at _ _ Eligibility for WTA and RITA includes, 435–688–3271 or by email at BLM AZ ■ 20. The authority citation for 41 CFR ASDO [email protected]. Persons part 302–15 continues to read as among others, transferred employees, appointments (new or political), who use a telecommunications device follows: for the deaf (TDD) may call the Federal assignments under the Government Relay Service (FRS) at 1–800–877–8339 Authority: 5 U.S.C. 5738; 20 U.S.C 905(a); Employees Training Act, and those E.O. 11609, as amended, 3 CFR, 1971–1975 to contact the above individual. The Comp., p 586. returning from an overseas assignment FRS is available 24 hours a day, seven for the purpose of separation from days a week, to leave a message or § 302–15.13 [Amended] Government service. question with the above individual. You ■ 21. Amend § 302–15.13 by removing § 302–17.6 [Removed] will receive a reply during normal in the first sentence the word ‘‘service’’ business hours. ■ and adding the word ‘‘services’’ in its 26. Remove § 302–17.6. SUPPLEMENTARY INFORMATION: place. §§ 302–17.7 through 302–17.13 I. Background Information PART 302–17—TAXES ON [Redesignated as §§ 302–17.6 through 302– The BLM is proposing this RELOCATION EXPENSES 17.12] supplementary rule under the authority ■ 27. Redesignate §§ 302–17.7 through ■ 22. The authority citation for 41 CFR of 43 Code of Federal Regulations (CFR) part 302–17 continues to read as 302–17.13 as §§ 302–17.6 through 302– 8365.1–6, which allows BLM State follows: 17.12. Directors to establish supplementary [FR Doc. 2021–11086 Filed 6–14–21; 8:45 am] rules for the protection of persons, Authority: 5 U.S.C. 5724b; 5 U.S.C. 5738; BILLING CODE 6820–14–P property, and public lands and E.O. 11609, as amended, 3 CFR, 1971–1975 resources. This provision allows the Comp., p. 586. BLM to issue rules of less than national ■ 23. Amend § 302–17.1 by revising the effect by publishing the rule in the definition for ‘‘Relocation income tax Federal Register, without codifying it in allowance (RITA)’’ to read as follows: the CFR. This proposed supplementary

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rule applies to public lands managed by described in the 1994 notice. The rule to: (1) Provide more opportunities the Arizona Strip Field Office. You may reinstatement of a camping limit would for the recreating public to utilize the contact the Arizona Strip Field Office help the BLM maintain public access for campground facilities and access the (see ADDRESSES) for maps of the recreational purposes, reduce conflicts surrounding area; (2) have consistent management area and boundary or to among visitors, and preserve public camping limitations across the Arizona review the notice. health and safety. Strip Field Office; (3) manage the site This action is necessary because an II. Public Comment Procedures for recreational purposes while increasing number of users of the Virgin preserving the health and safety of Please submit your written comments River Canyon Recreation Area have visitors; and (4) enable law enforcement on issues related to this proposed rule established long-term residency under personnel to cite persons for unlawful to Amanda Sparks at one of the the pretext of recreational camping. camping and use of public land for addresses shown above (see ADDRESSES). Public concern about the effects of this residential purposes, thereby increasing Comments on the proposed rule should long-term occupancy requires the BLM campsite availability to the recreating be specific, confined to issues pertinent to address this issue. The proliferation public. This notice, with detailed maps, to the rule, and explain the reason for of residential use interferes with will be available at the Arizona Strip any recommended change. The BLM is legitimate recreational use of public Field Office for review. not obligated to consider, or include in lands and creates other health and the Administrative Record for the rule, safety concerns including hygiene and The BLM invites public comment on comments delivered to an address other sanitation issues (i.e., no access to this proposed supplementary rule until than those listed above (see ADDRESSES) showers or waste dump stations; August 16, 2021. The BLM will publish or comments that the BLM receives after accumulation of miscellaneous a final rule in the Federal Register that the close of the comment period (see equipment and housewares and the responds to any substantive comments DATES), unless they are postmarked or occasional long-term presence of dogs received and explains how significant electronically dated before the deadline. and their associated waste). In addition, issues raised by those comments were Comments, including your name and this action would reduce damages to resolved. address, will be available for public natural resources that occur from trash review upon request. Before including dumping, accumulation or IV. Procedural Matters your address, phone number, email abandonment of equipment or vehicles, Executive Order 12866 and 13563, address, or other personal identifying loss of vegetation, and contamination of Regulatory Planning and Review information in your comment, you nearby waters. should be aware that your entire The proposed supplementary rule is This proposed supplementary rule is comment—including your personal consistent with the Arizona Strip Field not a significant regulatory action and is identifying information—may be made Office Resource Management Plan not subject to review by the Office of publicly available at any time. While (RMP), approved by the BLM (January Management and Budget under you can ask us in your comment to 29, 2008). The BLM analyzed the Executive Order 12866 or 13563. The withhold your personal identifying proposed change in an environmental rule would not have an effect of $100 information from public review, we assessment (EA) (DOI–BLM–AZ–A010– million or more on the economy. This cannot guarantee that we will be able to 2018–0030–EA) and issued a Finding of rule would establish a duration for do so. No Significant Impact (FONSI) and a camping stays and would not adversely Decision Record on February 6, 2019. affect, in a material way, the economy; III. Discussion of Proposed The proposed supplementary rule Supplementary Rule productivity; competition; jobs; the applies to public lands at the Virgin environment; public health or safety; or On March 31, 1994, the BLM Arizona River Canyon Recreation Area within state, local, or tribal governments or State Office established supplementary sections 14 & 15 of Township 41 North, communities. This rule would not rules for the Virgin River Canyon Range 14 West of the Gila and Salt River create a serious inconsistency or Recreation Area (59 FR 15214). The Meridian. The EA was prepared to otherwise interfere with an action taken 1994 camping and occupancy rule disclose and analyze potential impacts or planned by another agency. This rule exempted the Virgin River Canyon (positive or negative) associated with does not alter the budgetary effects of Recreation Area from the Arizona Strip changing the 1994 supplementary rules entitlements, grants, user fees, or loan District’s 14-day camping limit that by reinstating a 14-day stay limit within programs or the right or obligations of the recreation area campground. The prohibits camping longer than 14 their recipients, nor does the rule raise BLM Arizona Strip Field Office consecutive days within a 28-day period novel legal or policy issues. This rule conducted an 18-day public comment and requires campers to move at least 30 would enable law enforcement period during the preparation of the EA air miles from a previously occupied personnel to efficiently track occupancy and received minimal public interest camping location. The 1994 and enforce regulations pertaining to regarding reinstatement of the 14-day supplementary rule therefore allowed unlawful occupancy in a manner stay limit. The concerns that were raised for unlimited overnight stays within the consistent with current Arizona State Virgin River Canyon Recreation Area. by the public and agency partners and county laws, where appropriate on The proposed supplementary rule focused on how long-term occupancy public lands. would revise the 1994 rule by detracted from the quality and safety of reinstating the 14 consecutive day recreation at this popular recreation area Clarity of the Supplementary Rule camping limit within a 28-day period on near the communities of St. George, public land within the Virgin River Utah and Mesquite, Nevada. Executive Order 12866 requires each Canyon Recreation Area, making it Efforts to contain the problems agency to write regulations that are consistent with all other public lands associated with long-term occupancy simple and easy to understand. The within the Arizona Strip Field Office. without imposing a 14-day stay limit BLM invites your comments on how to No other changes to the 1994 have proven insufficient, and concerns make the proposed supplementary rule supplementary rules are proposed and with public health and safety have easier to understand, including answers they will continue to be enforced as intensified. The BLM is proposing this to questions such as the following:

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1. Are the requirements in this have a significant economic impact on effect on the states, on the relationship proposed supplementary rule clearly a substantial number of small entities. between the Federal Government and stated? the states, or on the distribution of Small Business Regulatory Enforcement 2. Does this proposed supplementary power and responsibilities among the Fairness Act (SBREFA) rule contain technical language or various levels of government. This jargon that interferes with its clarity? This proposed supplementary rule proposed supplementary rule applies in 3. Does the format of this proposed does not constitute ‘‘major rules’’ as only one state, Arizona, and does not supplementary rule (grouping and order defined at 5 U.S.C. 804(2). This address jurisdictional issues involving of sections, use of headings, proposed supplementary rule would the Arizona State government. paragraphing, etc.) aid or reduce its establish a 14-day stay limit on Therefore, in accordance with Executive clarity? overnight camping during a 28-day Order 13132, the BLM has determined 4. Would this proposed period and within 30 air miles on lands that this proposed supplementary rule supplementary rule be easier to within the Virgin River Canyon does not have sufficient Federalism understand if it was divided into more Recreation Area. The limitation is implications to warrant preparation of a (but shorter) sections? necessary to: (1) Provide more Federalism Assessment. 5. Is the description of this proposed opportunities for the recreating public Executive Order 12988, Civil Justice supplementary rule in the to utilize the campground facilities and Reform SUPPLEMENTARY INFORMATION section of access the surrounding area; (2) Have this preamble helpful to your consistent camping limitations across Under Executive Order 12988, the understanding of the proposed the Arizona Strip Field Office; (3) BLM has determined that this proposed supplementary rule? How could this Manage the site for recreational supplementary rule would not unduly description be more helpful in making purposes while preserving the health burden the judicial system and that the the proposed supplementary rule easier and safety of visitors; and (4) Enable law rule meets the requirements of sections to understand? enforcement personnel to cite persons 3(a) and 3(b)(2) of the Order. Please send any comments you have for unlawful camping and use of public Executive Order 13175, Consultation on the clarity of the rule to one of the land for residential purposes. This and Coordination With Indian Tribal addresses specified in the ADDRESSES proposed supplementary rule would Governments section. have no effect on business, commercial, or industrial use of the public lands. In accordance with Executive Order National Environmental Policy Act 13175, the BLM has found this proposed The BLM prepared an EA and found Unfunded Mandates Reform Act supplementary rule does not include that this proposed supplementary rule This proposed supplementary rule policies that have tribal implications does not constitute a major Federal does not impose an unfunded mandate and would have no bearing on trust action significantly affecting the quality on state, local, or tribal governments or lands or on lands for which title is held of the human environment under the private sector of more than $100 in fee status by Indian tribes or U.S. Section 102(2)(C) of the National million per year, nor does the proposed Government-owned lands managed by Environmental Policy Act of 1969 supplementary rule have a significant or the Bureau of Indian Affairs. Since this (NEPA), 42 U.S.C. 4332(2)(C). The BLM unique effect on state, local, or tribal proposed supplementary rule does not completed the EA to analyze the change governments or the private sector. The change BLM policy and does not in the stay limit in the Virgin River proposed supplementary rule does not involve Indian reservation lands or Canyon Recreation Area. The Decision require anything of state, local, or tribal resources, the BLM has determined that Record for this EA was signed on governments. Therefore, the BLM is not the government-to-government February 6, 2019. The BLM has placed required to prepare a statement relationships remain unaffected. This the EA and the FONSI on file in the containing the information required by proposed supplementary rule would BLM Administrative Record at the the Unfunded Mandates Reform Act (2 only prohibit camping longer than 14 Arizona Strip Field Office address U.S.C. 1531, et seq.). days in any 28-day period and within 30 specified in the ADDRESSES section. air miles of the Virgin River Canyon Executive Order 12630, Governmental Recreation Area on public lands Regulatory Flexibility Act (RFA) Actions and Interference With managed by the BLM Arizona Strip Congress enacted the Regulatory Constitutionally Protected Property Field Office. Flexibility Act of 1980, as amended, 5 Rights (Takings) Executive Order 13352, Facilitation of U.S.C. 601, et seq., to ensure that This proposed supplementary rule Cooperative Conservation Government regulations do not does not represent a Government action unnecessarily or disproportionately capable of interfering with Under Executive Order 13352, the burden small entities. The RFA requires constitutionally protected property Arizona State Office of the BLM has a regulatory flexibility analysis if a rule rights. The proposed supplementary determined that this proposed has a significant economic impact, rule does not address property rights in supplementary rule would not impede either detrimental or beneficial, on a any form and does not cause the the facilitation of cooperative substantial number of small entities. impairment of anyone’s property rights. conservation. This proposed This proposed supplementary rule does Therefore, the BLM has determined that supplementary rule would take not pertain specifically to commercial or this proposed supplementary rule does appropriate account of and consider the governmental entities of any size, but not cause a taking of private property or interests of persons with ownership or contains a rule to limit the duration of require further discussion of takings other legally recognized interests in overnight camping on public lands implications under this Executive land or other natural resources; properly within the Virgin River Canyon Order. accommodate local participation in the Recreation Area on the Arizona Strip Federal decision-making process; and Field Office. Therefore, the BLM has Executive Order 13132, Federalism provide that the programs, projects, and determined, under the RFA, that this This proposed supplementary rule activities are consistent with protecting proposed supplementary rule does not would not have a substantial, direct public health and safety.

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Information Quality Act Recreation Area for more than 14 www.fcc.gov/ecfs/filings. Follow the In developing this proposed consecutive days in a 28-day period. instructions for submitting comments. • supplementary rule, the BLM did not 2. After the 14th consecutive day, Paper Filers: Parties who choose to conduct or use a study, experiment, or campers must move beyond a 30-mile file by paper must file an original and survey requiring peer review under the radius from the boundary of the Virgin one copy of each filing. Filings can be Information Quality Act (Section 515 of River Canyon Recreation Area. sent by hand or messenger delivery, by commercial overnight courier, or by Pub. L. 106–554). Exemptions first-class or overnight U.S. Postal Executive Order 13211, Actions The following persons are exempt Service mail. Currently, the Commission Concerning Regulations That from this rule: Any Federal, State, local, does not accept any hand delivered or Significantly Affect Energy Supply, and/or military employee acting within messenger delivered filings as a Distribution, or Use the scope of their official duties; temporary measure taken to help protect This proposed supplementary rule members of any organized rescue or the health and safety of individuals, and does not constitute a ‘‘significant energy firefighting force in performance of an to mitigate the transmission of COVID– action,’’ as defined in Executive Order official duty; and any person 19. All filings must be addressed to the 13211. This proposed supplementary authorized, in writing, by the BLM Commission’s Secretary, Office of the rule would not have an adverse effect on authorized officer. Secretary, Federal Communications energy supplies, production, or Penalties Commission. consumption. The rule only addresses For detailed instructions for unauthorized occupancy on public Any person who violates this rule submitting comments and additional lands and has no connection with may be tried before a United States information on the rulemaking process, energy policy. Magistrate and fined in accordance with see document FCC 21–61 at https:// 18 U.S.C. 3571, imprisoned no more Paperwork Reduction Act docs.fcc.gov/public/attachments/FCC- than 12 months under 43 U.S.C. 8365.1– 21-61A1.pdf. This proposed supplementary rule 7, or both. In accordance with 43 CFR FOR FURTHER INFORMATION CONTACT: does not contain information collection 8365.1–7, State or local officials may Michael Scott, Consumer and requirements that the Office of also impose penalties for violations of Governmental Affairs Bureau, (202) Management and Budget must approve Arizona law. 418–1264, or email Michael.Scott@ under the Paperwork Reduction Act of fcc.gov. 1995, 44 U.S.C. 3501–3521. Raymond Suazo, Bureau of Land Management, State Director, SUPPLEMENTARY INFORMATION: Notice of Proposed Supplementary Rule Arizona. Correction Author [FR Doc. 2021–12279 Filed 6–14–21; 8:45 am] BILLING CODE 4310–32–P In the proposed rules document The principal author of this proposed published at 86 FR 29969, June 4, 2021, supplementary rule is Jon Jasper, make the following correction. On page Outdoor Recreation Planner, Arizona Strip Field Office, Bureau of Land FEDERAL COMMUNICATIONS 29969 in the third column, add after the SUMMARY DATES: Management. COMMISSION the following: ‘‘ For the reasons stated in the Comments are due July 15, 2021. Reply preamble, and under the authority of 43 47 CFR Part 64 comments are due July 30, 2021.’’ CFR 8365.1–6 and 43 U.S.C. 1740, the Federal Communications Commission. [CG Docket Nos. 03–123 and 10–51; FCC Arizona State Director proposes to 21–61; FRS 31248] Marlene Dortch, establish the following supplementary Secretary, Office of the Secretary. rule for public lands managed by the Video Relay Service Compensation; [FR Doc. 2021–12323 Filed 6–14–21; 8:45 am] BLM in Mohave County, Arizona, Correction BILLING CODE 6712–01–P subject to the Arizona Strip Field Office Resource Management Plan, to read as AGENCY: Federal Communications follows: Commission. DEPARTMENT OF THE INTERIOR Definitions ACTION: Proposed rule; correction. Fish and Wildlife Service Camp means erecting a tent or shelter SUMMARY: This document corrects the of natural or synthetic material; DATES inadvertent omission of the 50 CFR Part 17 preparing a sleeping bag or other section in the preamble to a proposed bedding material; parking a motor rule document published in the Federal [Docket No. FWS–R1–ES–2020–0076; vehicle, motor home, or trailer, or Register on June 4, 2021. This FF09E21000 FXES11110900000 212] mooring a vessel for the apparent correction provides the due dates for RIN 1018–BE71 purpose of overnight occupancy. comments and reply comments to the Notice of Proposed Rulemaking Prohibited Acts Endangered and Threatened Wildlife summarized in the Federal Register and Plants; Threatened Species Status Unless otherwise authorized, the BLM document. for Mount Rainier White-Tailed will enforce the following rule on public Ptarmigan With a Section 4(d) Rule lands within the Virgin River Canyon DATES: Comments are due July 15, 2021. Recreation Area, within the Arizona Reply comments are due July 30, 2021. AGENCY: Fish and Wildlife Service, Strip Field Office, Arizona Strip ADDRESSES: You may submit comments, Interior. District, Arizona; identified by CG Docket Nos. 03–123 ACTION: Proposed rule. and 10–51, by either of the following Camping and Occupancy methods: SUMMARY: We, the U.S. Fish and 1. You must not remain or camp • Federal Communications Wildlife Service (Service), propose to within the Virgin River Canyon Commission’s website: https:// list the Mount Rainier white-tailed

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ptarmigan (Lagopus leucura SUPPLEMENTARY INFORMATION: undergo similar impacts due to climate rainierensis), a bird subspecies in change. Executive Summary Washington, as a threatened species Section 4(a)(3) of the Act requires the under the Endangered Species Act of Why we need to publish a rule. Under Secretary of the Interior (Secretary) to 1973, as amended (Act). After a review the Act, if we determine that a species designate critical habitat concurrent of the best available scientific and is an endangered or threatened species with listing to the maximum extent commercial information, we find that throughout all or a significant portion of prudent and determinable. We find that listing the subspecies is warranted. its range, we are required to promptly threats to Mount Rainier white-tailed Accordingly, we propose to list the publish a proposal in the Federal ptarmigan habitat stem solely from Mount Rainier white-tailed ptarmigan as Register and make a determination on causes that cannot be addressed through a threatened species with a rule issued our proposal within 1 year. To the management actions resulting from under section 4(d) of the Act (‘‘4(d) maximum extent prudent and consultations on these species under rule’’). If we finalize this rule as determinable, we must designate critical section 7(a)(2) of the Act. Therefore, we proposed, it would add this subspecies habitat for any species that we have determined that designation of to the List of Endangered and determine to be an endangered or critical habitat for this subspecies is not Threatened Wildlife and extend the threatened species under the Act. prudent. Act’s protections to the species. We Listing a species as an endangered or Peer review. In accordance with our have determined that designation of threatened species and designation of joint policy on peer review published in critical habitat for this subspecies is not critical habitat can only be completed the Federal Register on July 1, 1994 (59 prudent. by issuing a rule. FR 34270), and our August 22, 2016, memorandum updating and clarifying DATES: We will accept comments What this document does. We the role of peer review of listing actions received or postmarked on or before propose the listing of the Mount Rainier under the Act, we sought the expert August 16, 2021. Comments submitted white-tailed ptarmigan (Lagopus opinions of eight independent peer electronically using the Federal leucura rainierensis) as a threatened reviewers, including scientists with eRulemaking Portal (see ADDRESSES, species with a rule issued under section expertise in white-tailed ptarmigan as below) must be received by 11:59 p.m. 4(d) of the Act. well as climate science on the Mount Eastern Time on the closing date. We The basis for our action. Under the Rainier white-tailed ptarmigan Species must receive requests for public Act, we may determine that a species is Status Assessment, Version 1.1 (SSA hearings, in writing, at the address an endangered or threatened species report) (USFWS 2020, entire), which FOR FURTHER INFORMATION shown in because of any of five factors: (A) The provided the scientific basis for this CONTACT by July 30, 2021. present or threatened destruction, proposed rule; three of these experts ADDRESSES: You may submit comments modification, or curtailment of its provided review. The purpose of peer by one of the following methods: habitat or range; (B) overutilization for review is to ensure that our listing (1) Electronically: Go to the Federal commercial, recreational, scientific, or determinations, critical habitat eRulemaking Portal: http:// educational purposes; (C) disease or designations, and 4(d) rules are based www.regulations.gov. In the Search box, predation; (D) the inadequacy of on scientifically sound data, enter FWS–R1–ES–2020–0076, which is existing regulatory mechanisms; or (E) assumptions, and analyses. The Service the docket number for this rulemaking. other natural or manmade factors also sent the SSA report to three agency Then, click on the Search button. On the affecting its continued existence. partners for review; we received resulting page, in the Search panel on We have determined that habitat comments from one agency—the the left side of the screen, under the degradation resulting from climate Washington Department of Fish and Document Type heading, check the change will affect the Mount Rainier Wildlife. Proposed Rule box to locate this white-tailed ptarmigan within the The proposed section 4(d) rule. We document. You may submit a comment foreseeable future. Rising temperatures propose to prohibit all intentional take by clicking on ‘‘Comment Now!’’ associated with climate change are of the Mount Rainier white-tailed (2) By hard copy: Submit by U.S. mail expected to have direct and rapid ptarmigan and specifically tailor the to: Public Comments Processing, Attn: impacts on individual birds, which incidental take exceptions under section FWS–R1–ES–2020–0076, U.S. Fish and experience physiological stress at 21 9(a)(1) of the Act. This is to provide Wildlife Service, MS: PRB/3W, 5275 degrees Celsius (C) (70 degrees protective mechanisms primarily to the Leesburg Pike, Falls Church, VA 22041– Fahrenheit (F)). Changing habitat U.S. Forest Service (USFS) and the 3803. conditions, such as loss of suitable National Park Service (NPS) to continue We request that you send comments alpine vegetation and reduced snow routine operations on the landscape that only by the methods described above. quality and quantity, are expected to are not likely to cause adverse effects We will post all comments on http:// cause populations to decline. These and, in some cases, have the potential www.regulations.gov. This generally threats and responses are reasonably to benefit the Mount Rainier white- means that we will post any personal foreseeable because some are already tailed ptarmigan over time. information you provide us (see evident in the range of the subspecies, Information Requested, below, for more and the best available information Information Requested information). indicates that the effects of climate We intend that any final action FOR FURTHER INFORMATION CONTACT: Brad change will continue to alter the resulting from this proposed rule will be Thompson, State Supervisor, U.S. Fish subspecies’ habitat within the based on the best scientific and and Wildlife Service, Washington Fish foreseeable future. Furthermore, commercial data available and be as and Wildlife Office, 510 Desmond connectivity between populations is accurate and as effective as possible. Drive, Suite 102, Lacey, WA 98503; low, and it is unlikely that Mount Therefore, we request comments or telephone 360–753–9440. Persons who Rainier white-tailed ptarmigan will information from other concerned use a telecommunications device for the adapt to the changing climate by moving governmental agencies, Native deaf (TDD) may call the Federal Relay northward because alpine areas north of American Tribes, the scientific Service at 800–877–8339. their current range are expected to community, industry, or any other

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interested parties concerning this management actions resulting from if we conclude that those additional proposed rule. consultations under section 7(a)(2) of activities are not compatible with We particularly seek comments the Act; conservation of the species. Conversely, concerning: (c) Areas within the jurisdiction of the we may establish additional exceptions (1) The species’ biology, range, and United States provide no more than to the incidental-take prohibitions in the population trends, including: negligible conservation value, if any, for final rule if we conclude that the (a) Biological or ecological a species occurring primarily outside activities would facilitate or are requirements of the species, including the jurisdiction of the United States; or compatible with the conservation and habitat requirements for feeding, (d) No areas meet the definition of recovery of the species. breeding, and sheltering; critical habitat. (b) Genetics; Please include sufficient information Public Hearing (c) Taxonomy and the validity of the with your submission (such as scientific Section 4(b)(5) of the Act provides for current subspecies classification; journal articles or other publications) to a public hearing on this proposal, if (d) Historical and current range allow us to verify any scientific or requested. Requests must be received by including distribution patterns; commercial information you include. the date specified in DATES. Such (e) Historical and current population Please note that submissions merely requests must be sent to the address levels, and current and projected trends; stating support for, or opposition to, the shown in FOR FURTHER INFORMATION and action under consideration without CONTACT. We will schedule a public (f) Past and ongoing conservation providing supporting information, hearing on this proposal, if requested, measures for the species, its habitat or although noted, will not be considered and announce the date, time, and place both. in making a determination, as section of the hearing, as well as how to obtain (2) Factors that may affect the 4(b)(1)(A) of the Act directs that reasonable accommodations, in the continued existence of the species, determinations as to whether any Federal Register and local newspapers which may include habitat modification species is an endangered or a threatened at least 15 days before the hearing. For or destruction, overutilization, disease, species must be made ‘‘solely on the the immediate future, we will provide predation, the inadequacy of existing basis of the best scientific and these public hearings using webinars regulatory mechanisms, or other natural commercial data available.’’ that will be announced on the Service’s or manmade factors. You may submit your comments and website, in addition to the Federal (3) Biological, commercial trade, or materials concerning this proposed rule Register. The use of these virtual public other relevant data concerning any by one of the methods listed in hearings is consistent with our threats (or lack thereof) to this species ADDRESSES. We request that you send regulations at 50 CFR 424.16(c)(3). and existing regulations that may be comments only by the methods addressing those threats. described in ADDRESSES. Previous Federal Actions (4) Additional information concerning Comments and materials we receive, In 2010, the Service was petitioned to the historical and current status, range, including all hardcopy submissions as list the southern white-tailed ptarmigan distribution, and population size of this well as supporting documentation we (Lagopus leucura altipetens) and the species, including the locations of any used in preparing this proposed rule, Mount Rainier white-tailed ptarmigan as additional populations of this species. will be available for public inspection threatened species under the Act. In (5) Information on regulations that are on http://www.regulations.gov. If you 2012, the Service issued a positive 90- necessary and advisable to provide for submit information via http:// day finding on the petition to list the the conservation of the Mount Rainier www.regulations.gov, your entire two subspecies, having determined that white-tailed ptarmigan and that the submission—including any personal the petition presented substantial Service can consider in developing a identifying information—will be posted scientific or commercial information 4(d) rule for the species. In particular, on the website. If your submission is indicating that listing the southern information concerning the extent to made via a hardcopy that includes white-tailed ptarmigan and the Mount which we should include any of the personal identifying information, you Rainier white-tailed ptarmigan may be section 9 prohibitions in the 4(d) rule or may request at the top of your document warranted. The Service then conducted whether any other forms of take should that we withhold this information from separate status reviews on the two be excepted from the prohibitions in the public review. However, we cannot subspecies. 4(d) rule. guarantee that we will be able to do so. (6) The reasons why we should or Because we will consider all Supporting Documents should not designate habitat as ‘‘critical comments and information we receive A team of Service biologists, in habitat’’ under section 4 of the Act (16 during the comment period, our final consultation with other species experts, U.S.C. 1531 et seq.), including determinations may differ from this developed the SSA report for the Mount information to inform the following proposal. Based on the new information Rainier white-tailed ptarmigan (USFWS factors that the regulations identify as we receive (and any comments on that 2020, entire). The SSA report represents reasons why designation of critical new information), we may conclude that a compilation of the best scientific and habitat may or may not be prudent: the species is endangered instead of commercial data available concerning (a) The species is threatened by taking threatened, or we may conclude that the the status of the species, including the or other human activity and species does not warrant listing as either impacts of past, present, and future identification of critical habitat can be an endangered species or a threatened factors (both negative and beneficial) expected to increase the degree of such species. In addition, we may change the affecting the species. The Service sent threat to the species; parameters of the prohibitions or the the report to eight independent peer (b) The present or threatened exceptions to those prohibitions if we reviewers and received three responses. destruction, modification, or conclude it is appropriate in light of The Service also sent the SSA report to curtailment of a species’ habitat or range comments and new information three agency partners for review; we is not a threat to the species, or threats received. For example, we may expand received comments from one agency— to the species’ habitat stem solely from the incidental-take prohibitions to the Washington Department of Fish and causes that cannot be addressed through include prohibiting additional activities Wildlife. This proposed rule is based on

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the scientific information compiled in (Hoffman 2006, p. 11; NatureServe 2011, Chicks are capable of flight at 10–12 the SSA report, and constitutes our 12- p. 1). Multiple taxonomic authorities for days of age, and remain with females for month finding on the 2010 petition to birds recognize the validity of the five 8–10 weeks, and sometimes through the list the Mount Rainier white-tailed subspecies of white-tailed ptarmigan. winter (Martin et al. 2015, Fledgling ptarmigan. The American Ornithological Union Stage section). (AOU) recognized the five subspecies in Chicks less than 3 weeks old I. Proposed Listing Determination their Checklist (AOU 1957, entire). primarily eat invertebrates (May 1975, Background Since 1957, the AOU has not conducted p. 28), but adult white-tailed ptarmigan, A thorough review of the taxonomy, a review of its subspecific distinction as well as chicks older than life history, and ecology of the Mount and stopped listing subspecies as of the approximately 5 weeks old, are Rainier white-tailed ptarmigan is 6th edition in 1983. However, the AOU herbivorous (May 1975, pp. 28–29). presented in the SSA report (USFWS (1998, p. xii) recommends the continued White-tailed ptarmigan in the North 2020, entire). The Mount Rainier white- use of its 5th edition (AOU 1957, entire) Cascades were observed eating, in order tailed ptarmigan is found in alpine and for taxonomy at the subspecific level. of preference: dwarf huckleberry subalpine areas of the Cascade Based on their 1957 consideration of the (Vaccinium deliciosurri), red mountain Mountains (Cascades) in Washington taxon, the AOU still recognizes the heather (Phyllodoce empetriformes), State and southern British Columbia, Mount Rainier white-tailed ptarmigan as black-headed sedge (Carex nigricans), Canada. There are currently four other a valid subspecies. Additionally, the white mountain heather (Cassiope subspecies of white-tailed ptarmigan Integrated Taxonomic Information mertensiana), crowfoot (Leutkea recognized, including the southern System (ITIS) (2019) and Cornell Lab of pectinata), Tolmie’s saxifrage (Saxifraga white-tailed ptarmigan (L. l. altipetens) Ornithology’s Clements Checklist tolmiei), spiked wood rush (Luzula primarily in Colorado, the Kenai white- (Clements et al. 2019, entire) also spicata), and mosses (Skagen 1980, p. tailed ptarmigan (L. l. peninsularis) in recognize the five subspecies of white- 4). Plant items in bird’s crops consisted Alaska, the Vancouver Island white- tailed ptarmigan. of leaves, buds, and catkins of willow (Salix); fruit of sedges (Carex), grasses tailed ptarmigan (L. l. saxatilis) in Life History British Columbia, Canada, and the (Poa), and heather (Cassiope); and northern white-tailed ptarmigan (L. l. Male Mount Rainier white-tailed leaves of buttercup (Ranunculus) leucura) in northern Montana and ptarmigan establish territories in early (Weeden 1967, entire). Alberta, Canada. spring, extending their territories Records of longevity for wild white- upslope as snow melts, exposing tailed ptarmigan include a 12-year-old Species Description vegetation and potential nesting sites female and a 15-year-old male (Martin et Mount Rainier white-tailed ptarmigan (Schmidt 1988, pp. 283–284). Pairs form al. 2015, Life Span and Survivorship are cryptic birds that are resident or shortly after females arrive on breeding section). Breeding season mortality is short-distance elevation migrants with areas in late April to mid-May (Martin higher for females than for males numerous adaptations for snow and et al. 2015, Phenology section). White- (Martin et al. 2015), but is assumed to extreme cold in winter, including snow tailed ptarmigan are usually be highest for both sexes during roosting behavior and heavily feathered monogamous, but polygyny (one male migration between breeding and feet that act as snowshoes to support with multiple females) and polyandry wintering areas in the fall and spring them as they walk across the snow (one female with multiple males, a.k.a. (Braun and Rogers 1971). Survival rates (Braun et al. 2011, Distinguishing extra-pair copulations) also occur on change from year to year and among Characteristics section). The subspecies rare occasions (Benson 2002, p. 195; populations, with no consistent trend or molts frequently throughout the year to Braun and Rogers 1971, p. 33). Due to pattern (Sandercock et al. 2005b, p. 16; remain cryptic, appearing entirely white the short breeding season, female white- Martin et al. 2015; Life Span and in winter (except for black eyes, dark tailed ptarmigan usually nest only once Survivorship section). Juvenile survival toenails, and a black beak), mottled with per season. However, if they lose their of ptarmigan during their first fall and brown and white in spring, and brown nest during the laying period or early winter is usually lower than adult in summer; the tail feathers remain incubation, they may lay a second or, survival (Choate 1963, Giesen and white year-round and distinguish the rarely, a third clutch of eggs at another Braun 1993, and Hannon and Martin white-tailed ptarmigan from other site within their territory (Choate 1963, 2006, in Martin et al. 2015, Life Span ptarmigan species (Braun et al. 2011, p. 693; Giesen and Braun 1979, p. 217). and Survivorship section). Distinguishing Characteristics section; Regardless, female white-tailed Density estimates have been Braun et al. 1993, Appearance section; ptarmigan raise only one brood per year calculated for other subspecies of white- Hoffman 2006, p. 12). The breeding (Sandercock et al. 2005a, p. 2177). tailed ptarmigan, but these estimates are plumage of male Mount Rainier white- First clutches are typically 4–9 eggs, uneven across the range of the species, tailed ptarmigan includes dark brown with smaller replacement clutches (2–7 with most studies occurring in and black breast feathers that resemble eggs) (Choate 1963, p. 693; Giesen and Colorado, Vancouver Island, the Yukon, a necklace. Males and females share Braun 1979, p. 217); incubation lasts and the Sierra Nevada mountains of similar body size and shape, with adult 22–25 days (Wiebe and Martin 2000, p. California where 72 white-tailed body lengths up to 34 centimeters (cm) 467; Martin et al. 2015, Incubation ptarmigan were translocated from (13.4 inches (in)), and body masses up section). Chicks are precocial, meaning Colorado in 1971 and 1972 (Clarke and to approximately 378 grams (g) (0.83 they are relatively mature and mobile Johnston 1990, p. 649). These estimates pounds (lb)) (Martin et al. 2015, Table from the moment of hatching. Within 6– fluctuate between years and locations, 3). 12 hours after all eggs have hatched, ranging from about less than 1 to about broods gradually move upslope, 14 birds per km2 (2.6 to 36 birds per Taxonomy and Genetics depending on where forage and cover mi2). There have been no population- The white-tailed ptarmigan is in the for chicks are found (Braun 1969, p. scale density estimates for populations order Galliformes, family Phasianidae, 140; Schmidt 1988, p. 291; Giesen and in the range of the Mount Rainier and the subfamily Tetraoninae, which Braun 1993, p. 74; Hoffman 2006, p. 21; subspecies; Mount Rainier white-tailed includes multiple grouse species Martin et al. 2015, Young Birds section). ptarmigan populations may or may not

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be within this wide range reported for huckleberry (Vaccinium deliciosum), evaporative cooling efficiency of any other subspecies (USFWS 2020, p. 24). crowfoot (Leutkea pectinata), sedge bird (Johnson 1968, entire) and will (Carex nigricans, C. spectabilis), and pant at temperatures above 21 degrees C Habitat Tolmie’s saxifrage (Saxifraga tolmiei) (70 degrees F), adults are likely limited Habitat use by white-tailed ptarmigan (Skagen 1980, p. 2). by warm temperatures during the varies by geographic region and by Nest site characteristics have not been breeding and post-breeding seasons. season. Our understanding of Mount described for Mount Rainier white- Thermal behavioral adaptations include Rainier white-tailed ptarmigan habitat tailed ptarmigan. Other subspecies of seeking cool microsites such as the comes primarily from habitat studies on white-tailed ptarmigan construct nests edges of snowfields, near snowbanks, Vancouver Island white-tailed in rocky areas, meadows, willow the shade of boulders, or near streams ptarmigan in British Columbia and the thickets, and in the krummholz zone where temperatures are cool; the introduced population of southern (Giesen et al. 1980, p. 195; Wiebe and absence of these microsites may white-tailed ptarmigan in the Sierra Martin 1998, p. 1139), usually with preclude presence of the species Nevada, because these areas have the some lateral cover (Wilson and Martin (Johnson 1968, p. 1012). Moist alpine most similar climates and vegetation to 2008, pp. 635–636). Females select nest meadows and large rocks or boulders the Cascades in Washington and locations with an abundance of insects, appear to be consistently important Southern British Columbia. The Rocky especially leafhoppers (Cicadellidae), to post-breeding habitat features across Mountains are less suitable as a habitat meet the food requirements of their several regions occupied by white-tailed surrogate because they are geologically chicks (Spear et al. 2020, p. 182). ptarmigan (Frederick and Gutierrez much older, less steep, contain a greater Because incubating hens are at higher 1992, p. 895; Hoffman 2006, p. 26). diversity of plants, and have a much risk of predation and concealed nests No studies of Mount Rainier white- different climate (colder, drier winters, are more successful, most females will tailed ptarmigan use of winter habitat and summers influenced by monsoonal choose some amount of nest cover but have been conducted. On Vancouver weather from the Gulf of Mexico) with good escape routes, rather than Island, wintering white-tailed ptarmigan (Zwinger and Willard 1972, pp. 119– selecting sites with more cover (Wiebe have been found both above and below 120; Appendix C of the SSA). Of the and Martin 1998, p. 1142). Nest cover treeline in alpine bowls, hemlock and surrogate regions for which we have also provides protection from wind and cedar forest on unvegetated rocky white-tailed ptarmigan habitat mediates extreme temperature changes outcrops and cliffs, and (rarely) in information, the Sierra Nevada is most found in exposed nests; microclimate clearcuts (Martin et al. 2015, Overwinter similar to the Cascades due to the deep, may determine nest site selection Habitat Section). Similarly, in wet snow and fragmented alpine areas (Wiebe and Martin 1998, p. 1142). southwestern Alberta, wintering white- (Braun 2019, pers. comm). Vancouver As with breeding habitat, the lower tailed ptarmigan were found both above Island shares similar vegetation with elevation limit of post-breeding habitat and below the treeline in alpine cirques some parts of the range of the Mount is defined by treeline. In the Sierra and downslope of the cirques in Rainier white-tailed ptarmigan. Nevada, post-breeding habitat is subalpine and stream courses (Herzog Breeding and brood-rearing habitat of associated with cover of dwarf willow 1980, p. 160). In the Rocky Mountains, Mount Rainier white-tailed ptarmigan is and proximity to water (Frederick and wintering ptarmigan congregate in within the alpine zone, defined by Gutierrez 1992, p. 895). On Vancouver sexually segregated flocks in areas with treeline at its lower elevation limit and Island, post-breeding habitat is soft snow and willows (Hoffman and permanent snow or barren rock at its associated with topographic depressions Braun 1977, p. 110). Based on limited upper elevation limit. The alpine zone where mesic vegetation cover is greatest observations and the information from is a narrow band of sparsely distributed (Fedy and Martin 2011, p. 311). other subspecies, we expect wintering vegetation, including patches of sedge- Post-breeding habitat in the Sierra Mount Rainier white-tailed ptarmigan turf communities, subshrubs, or Nevada is farther from snow than will use alpine areas, open areas in krummholz (tree stunted by winds and breeding season habitat, but snowmelt subalpine parklands, and openings frost) interspersed between snowfields, and glacial meltwater still provide the created by stream courses, landslides, talus slopes, and fellfields (Douglas and moisture that allows for the greater and avalanches within subalpine Bliss 1977, p. 115). In the Sierra Nevada, vegetation cover in sites selected by forests. predominant characteristics of breeding white-tailed ptarmigan (Frederick and In the mountains of the Pacific season habitat include areas with cover Gutierrez 1992, p. 895). At high Northwest, wind is responsible for of dwarf willow (e.g., arctic willow elevations, winter snowpack can store a much of the precipitation, which falls (Salix anglorum var. antiplasta)),)) significant portion of winter primarily as snow in the Cascades herbs, and mosses; and proximity to precipitation and release it to the soil during the cooler months (October water and willow shrubs (Frederick and during spring and early summer, through March) (Peterson et al. 2014, p. Gutierrez 1992, p. 895). Ptarmigan thereby reducing the duration and 26). The Cascades have some of the habitat on Vancouver Island includes magnitude of summer soil water deÉcits deepest snowpack in North America, boulder cover, ericaceous (plants in the (Peterson et al. 2014, p. 26). At the basin and in the winter, white-tailed heather family) shrub cover with tree scale, glacier melt supplies 2–14 percent ptarmigan thermally shelter from wind islands of spruce (Picea spp.) or of summer discharge in the Cascades and cold in snow roosts. Snow-roosting subalpine fir (Abies lasiocarpa) and up to 28 percent of discharge by sites for Mount Rainier white-tailed distributed throughout, graminoid (grass September (Frans et al. 2018, p. 11); the ptarmigan have deep, fluffy snow with and sedge) cover, forb cover, and proportion is likely much greater in the high insulation value; this generally proximity to water (Fedy and Martin high-elevation subbasins occupied by means snow that is cold, relatively dry, 2011, p. 311; (Martin et al. 2004, p. 239). Mount Rainier white-tailed ptarmigan, and with abundant air spaces. White-tailed ptarmigan in the North which have a smaller catchment area to Movement of snow by wind provides Cascades have been found in moist supply discharge from snow or rain. areas of banked snow for roosting sites vegetation communities of mountain A suitable microclimate is important (Luce 2019, p. 1363; Braun et al. 1976, heather (Phyllodoce empetriformis and for this cold-adapted bird. Because p. 2; Braun and Schmidt 1971, p. 245). Cassiope mertensiana), dwarf white-tailed ptarmigan have the lowest During the day when ptarmigan are not

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feeding, they seek shelter beneath or on contiguous across the border. Based on did not historically inhabit the lee side of dwarf conifers growing the combination of sightings, dispersal mountainous areas south of Mount St. along ridges, but snow on the ridges is distance, and occurrence and Helens and Mount Adams, primarily often shallow and covered with a hard distribution of suitable alpine and due to the lack of suitable alpine areas crust, making conditions unsuitable for subalpine habitat, we estimate that the at those latitudes (approximately 46–45 night roosting. Thus, at dusk the birds range of the subspecies extends into degrees (Clarke and Johnston 20055, move from ridges to areas of deeper and British Columbia, Canada, to the Fraser entire). Therefore, we consider the softer snow along treeline where they Valley, which comprises the northern current range of the Mount Rainier can burrow beneath the surface of the limit of the Northwestern Cascade white-tailed ptarmigan to include alpine snow (Braun and Schmidt 1971, p. 245). Ranges Ecosection and includes a and subalpine areas in the Cascade When weather conditions are harsh, portion of the Eastern Pacific Ranges Mountains, extending from the southern flocks will move below treeline to Ecosection of the North Cascades edge of Mount Adams to Lytton, British stream bottoms and avalanche paths Ecoregion (Iachetti et al. 2006, no Columbia, east of the Fraser River. (Braun et al. 1976, p. 4). pagination). Exactly how far north into Wind in alpine areas also helps to British Columbia the species’ range Land Ownership keep ptarmigan habitat open by limiting extends is unknown, but we assume not vegetation height and the growth and farther north than approximately Lytton, Seventy-six percent of the range of stature of krummoltz trees (Zwinger and British Columbia, east of the Fraser Mount Rainier white-tailed ptarmigan is Willard 1972). Furthermore, wind on River in the Cascade Range due to a in the United States; approximately 24 ridges maintains the exposure of dwarf low-elevation gap in habitat and gap in percent of its range is in Canada. Almost willow bushes (usually less than occurrences in the Fraser Valley. all of its range in the United States is approximately 1 m (3.3 ft) tall) at forage The historical range extended south federally owned (Table 1). Two National sites consistently used by ptarmigan along the Cascade Range to and Parks occur in the range of Mount throughout winter (Luce 2019, p. 1363; including Mount St. Helens and Mount Rainier white-tailed ptarmigan: Mount Braun et al. 1976, p. 2; Braun and Adams. White-tailed ptarmigan Rainier and North Cascades. Three Schmidt 1971, p. 245). Any larger regularly occurred on Mount St. Helens National Forests occur in the range of willow stands similar to those relied on before the active volcano lost Mount Rainier white-tailed ptarmigan— by southern white-tailed ptarmigan are approximately 400 (m) (1,314 ft) of Gifford Pinchot, Mt. Baker-Snoqualmie, likely buried by winter snows on the elevation when it erupted in 1980 and Okanogan-Wenatchee. The steep, high elevation range of Mount (Brantley and Myers 1997, p. 2). remaining nearly 6 percent of its range Rainier white-tailed ptarmigan Subsequent to the eruption, only three in the United States is under State, (Schroeder 2019, pers. comm.) where white-tailed ptarmigan occurrences Tribal, or private ownership. Six disturbance by avalanches is frequent. were reported from that area, and none percent of total suitable habitat for have been reported since 1996. Because Mount Rainier white-tailed ptarmigan is Historical and Current Distribution and the small amount of remaining alpine located on land owned by British Range habitat is likely unsuitable, and it is Columbia Provincial Parks (Chilliwack Though the AOU 1957 taxonomic unlikely that enough habitat will Lake Provincial Park, E.C. Manning classification of the subspecies develop on Mount St. Helens to support Provincial Park, Cathedral Provincial delineated the range at the U.S.–Canada a white-tailed ptarmigan population in Park, and Snowy Protected Area, border, the best available information the foreseeable future, the population is Cathedral Protected Area) (BC–Parks indicates that suitable habitat is presumed extirpated. The subspecies 2020, entire). TABLE 1—LAND OWNERSHIP IN THE RANGE OF MOUNT RAINIER WHITE-TAILED PTARMIGAN IN HECTARES [Acres]

North North Population unit Alpine Goat Mount Mount Cascades Cascades William O. Total Percent Lakes Rocks Adams Rainier East West Douglas ownership

Federal: USFS ...... 132,101 34,808 14,103 35,975 354,435 366,821 25,070 963,313 59 (326,429) (86,012) (34,849) (88,897) (875,827) (906,435) (61,949) (2,380,397) NPS ...... 0 0 0 55,917 18,860 139,639 0 214,417 13 (138,174) (46,604) (345,056) (529,835) Other Federal ...... 275 0 0 0 402 0 0 677 0.04 (680) (993) (1,673) State ...... 161 8,522 0 0 24,396 2,576 29 35,682 2 (398) (21,058) (60,283) (6,364) (71) (88,173) Tribal ...... 0 17,940 8,087 0 0 0 0 26,027 2 (44,331) (19,983) (64,314) Private/Other ...... 876 3,488 1,248 360 141 1,562 0 7,676 0.5 (2,166) (8,619) (3,084) (889) (348) (3,860) (18,969) British Columbia: Provincial Parks ...... 0 0 0 0 60,479 39,596 0 100,076 ...... (149,448) (97,845) (247,292) Private/Other ...... 0 0 0 0 188,077 95,801 0 283,878 17 (464,748) (236,730) (701,477)

Total ...... 133,414 64,758 23,438 92,252 646,788 645,995 25,100 1,631,746 ...... (329,672) (160,020) (57,916) (227,960) (1,598,250) (1,596,289) (62,022) (4,032,129)

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Regulatory and Analytical Framework level. We evaluate each threat and its and its implementing regulations and expected effects on the species, then policies. The following is a summary of Regulatory Framework analyze the cumulative effect of all of the key results and conclusions from the Section 4 of the Act (16 U.S.C. 1533) the threats on the species as a whole. SSA report; the full SSA report can be and its implementing regulations (50 We also consider the cumulative effect found on http://www.regulations.gov at CFR part 424) set forth the procedures of the threats in light of those actions Docket FWS–R1–ES–2020–0076. for determining whether a species is an and conditions that will have positive To assess Mount Rainier white-tailed ‘‘endangered species’’ or a ‘‘threatened effects on the species, such as any ptarmigan viability, we used the three species.’’ The Act defines an existing regulatory mechanisms or conservation biology principles of endangered species as a species that is conservation efforts. The Secretary resiliency, redundancy, and ‘‘in danger of extinction throughout all determines whether the species meets representation (Shaffer and Stein 2000, or a significant portion of its range,’’ and the definition of an ‘‘endangered pp. 306–310). Briefly, resiliency a threatened species as a species that is species’’ or a ‘‘threatened species’’ only supports the ability of the species to ‘‘likely to become an endangered after conducting this cumulative withstand environmental and species within the foreseeable future analysis and describing the expected demographic stochasticity (for example, throughout all or a significant portion of effect on the species now and in the wet or dry, warm or cold years), its range.’’ The Act requires that we foreseeable future. redundancy supports the ability of the determine whether any species is an The Act does not define the term species to withstand catastrophic events ‘‘endangered species’’ or a ‘‘threatened ‘‘foreseeable future,’’ which appears in (for example, droughts, large pollution species’’ because of any of the following the statutory definition of ‘‘threatened events), and representation supports the factors: species.’’ Our implementing regulations ability of the species to adapt over time (A) The present or threatened at 50 CFR 424.11(d) set forth a to long-term changes in the environment destruction, modification, or framework for evaluating the foreseeable (for example, climate changes). In curtailment of its habitat or range; future on a case-by-case basis. The term general, the more resilient and (B) Overutilization for commercial, ‘‘foreseeable future’’ extends only so far redundant a species is and the more recreational, scientific, or educational into the future as the Service can representation it has, the more likely it purposes; reasonably determine that both the is to sustain populations over time, even (C) Disease or predation; future threats and the species’ responses under changing environmental (D) The inadequacy of existing to those threats are likely. In other conditions. Using these principles, we regulatory mechanisms; or words, the foreseeable future is the identified the species’ ecological (E) Other natural or manmade factors period of time in which we can make requirements for survival and affecting its continued existence. reliable predictions. ‘‘Reliable’’ does not reproduction at the individual, These factors represent broad mean ‘‘certain’’; it means sufficient to population, and species levels, and categories of natural or human-caused provide a reasonable degree of described the beneficial and risk factors actions or conditions that could have an confidence in the prediction. Thus, a influencing the species’ viability. effect on a species’ continued existence. prediction is reliable if it is reasonable The SSA process can be categorized In evaluating these actions and to depend on it when making decisions. into three sequential stages. During the conditions, we look for those that may It is not always possible or necessary first stage, we evaluated individual have a negative effect on individuals of to define foreseeable future as a species’ life-history needs. The next the species, as well as other actions or particular number of years. Analysis of stage involved an assessment of the conditions that may ameliorate any the foreseeable future uses the best historical and current condition of the negative effects or may have positive scientific and commercial data available species’ demographics and habitat effects. and should consider the timeframes characteristics, including an We use the term ‘‘threat’’ to refer in applicable to the relevant threats and to explanation of how the species arrived general to actions or conditions that are the species’ likely responses to those at its current condition. The final stage known to or are reasonably likely to threats in view of its life-history of the SSA involved making predictions negatively affect individuals of a characteristics. Data that are typically about the species’ responses to positive species. The term ‘‘threat’’ includes relevant to assessing the species’ and negative environmental and actions or conditions that have a direct biological response include species- anthropogenic influences. Throughout impact on individuals, as well as those specific factors such as lifespan, all of these stages, we used the best that affect individuals through alteration reproductive rates or productivity, available information to characterize of their habitat or required resources. certain behaviors, and other viability as the ability of a species to The term ‘‘threat’’ may encompass— demographic factors. sustain populations in the wild over either together or separately—the source time. We use this information to inform Analytical Framework of the action or condition or the action our regulatory decision. or condition itself. The SSA report documents the results However, the mere identification of of our comprehensive biological review Analysis Units any threat(s) does not necessarily mean of the best scientific and commercial Occurrence data is quite limited, and that the species meets the statutory data regarding the status of the species, we do not know if the abundance of definition of an ‘‘endangered species’’ or including an assessment of the potential Mount Rainier white-tailed ptarmigan a ‘‘threatened species.’’ In determining threats to the species. The SSA report has changed over time. To facilitate the whether a species meets either does not represent a decision by the assessment of the current and projected definition, we must evaluate all Service on whether the species should future status of the subspecies across the identified threats by considering the be proposed for listing as an endangered range, we used the limited occurrence expected response by the species, and or threatened species under the Act. It data and expert elicitation to delineate the effects of the threats—in light of does however, provide the scientific representation areas and population those actions and conditions that will basis that informs our regulatory units. We separated the range into two ameliorate the threats—on an decisions, which involve the further representational areas, the North Area individual, population, and species application of standards within the Act and the South Area, to represent the

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known ecological variation between the (NPS) vegetation maps and Landfire is considered extirpated due to the 1980 two regions. Within those two vegetation maps for U.S. Forest Service eruption of Mount Saint Helens representational areas, we identified (USFS) lands. Our refined population volcano. We did not include the seven current population units based on unit maps contain nearly all presumed extirpated Mount St. Helens observations, elevation, and vegetation observations of the species obtained population unit in our analysis of types from Landfire vegetation maps from agency partners. One of the current or future condition because we (Table 2). population units in the South Area, conclude that it does not constitute We refined the boundaries of these William O. Douglas, has suitable habitat suitable habitat now and is unlikely to units by selecting vegetation types on but unknown occupancy. Another in the foreseeable future. recently refined National Park Service historical population in the South Area

TABLE 2—NUMBER OF MOUNT RAINIER WHITE-TAILED PTARMIGAN OBSERVATIONS BY POPULATION UNIT

Number of Representation area Population unit observations

North ...... North Cascades–East ...... 484 North ...... North Cascades–West ...... 315 North ...... Alpine Lakes ...... 98 South ...... Mount Rainier ...... 289 South ...... William O. Douglas ...... 0 South ...... Goat Rocks ...... 4 South ...... Mount Adams ...... 2

Summary of Biological Status and Rainier white-tailed ptarmigan may the U.S. portion of the range of Mount Threats warrant listing due to the effects of Rainier white-tailed ptarmigan is climate change on habitat and Factors Influencing the Status of the congressionally designated wilderness population growth rates, and the Species under 16 U.S.C. 551 and 18 U.S.C. 3559 physiological response of the subspecies and 3571. This designation bans roads The petition to list the southern and to a warming climate. along with the use of motorized and Mount Rainier white-tailed ptarmigan As part of our analysis of the viability nonmotorized vehicles. In North subspecies as threatened (CBD 2010, of the Mount Rainier white-tailed Cascades National Park, 94 percent of entire) identified the following ptarmigan, we looked at the previously the land is designated as the Steven influences as threats: Effects to habitat identified potential environmental and Mather Wilderness (259,943 ha (642,333 from global climate change, recreation, anthropogenic influences on viability, livestock grazing, and mining; hunting; as well as any new ones identified since ac) of the total 275,655 ha (681,159 ac)) predation; inadequacy of regulatory the publication of our 90-day finding. (NPS 2020a, entire). There are 16 mechanisms; population isolation or We analyzed population isolation and designated wilderness areas on U.S. limited dispersal distances; and limited dispersal distances in the Forest Service land in the range; the population growth rates and context of our resiliency, redundancy, percentage of designated wilderness in physiological response to a warming and representation analysis for the each population unit is summarized climate. Our 90-day finding on the subspecies. We also looked at the below in Table 3. Additionally, 6 petition (77 FR 33143, June 5, 2012) regulatory and voluntary conservation percent of the total suitable habitat for concluded that the petition and mechanisms that may reduce or Mount Rainier white-tailed ptarmigan is information in our files do not present ameliorate the effect of those stressors. located on land owned by British substantial scientific or commercial To provide the necessary context for our Columbia Provincial Parks (BC-Parks information to indicate that listing may discussion of the magnitude of each 2020, entire). Provincial parks are be warranted due to recreation, stressor, we first discuss our multiuse areas that contain some remote livestock grazing, mining, hunting, understanding of existing regulatory and wilderness and allow activities such as predation, inadequacy of regulatory voluntary conservation mechanisms. hiking, camping, and winter recreation. mechanisms, population isolation, or Regulatory and Voluntary Conservation The wilderness designation areas and limited dispersal distances. The 90-day Provincial Park lands in the range of finding concluded, however, that the Mechanisms Mount Rainier white-tailed ptarmigan petition presented substantial A majority of the land (69 percent) are shown in Figure 1. information to indicate that Mount within the national parks and forests in

TABLE 3—PERCENT OF AREA IN U.S. DESIGNATED WILDERNESS BY MOUNT RAINIER WHITE-TAILED PTARMIGAN POPULATION UNIT

Total Hectares Percent Population unit hectares (acres) designated (acres) in wilderness wilderness

North Cascades–East (U.S. portion) ...... 398,232 232,041 58 (984,054) (573,387) North Cascades–West (U.S. portion) ...... 510,597 395,233 77 (1,261,715) (976,642) Alpine Lakes ...... 133,414 98,104 74 (329,672) (242,419)

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TABLE 3—PERCENT OF AREA IN U.S. DESIGNATED WILDERNESS BY MOUNT RAINIER WHITE-TAILED PTARMIGAN POPULATION UNIT—Continued

Total Hectares Percent Population unit hectares (acres) designated (acres) in wilderness wilderness

Mount Rainier ...... 92,252 81,937 89 (227,960) (202,473) William O. Douglas ...... 25,100 19,455 78 (62,022) (48,075) Goat Rocks ...... 64,758 25,395 39 (160,020) (62,752) Mount Adams ...... 23,438 13,265 57 (57,916) (32,779)

Total ...... 1,247,792 865,432 69 (3,083,360) (2,138,529)

BILLING CODE 4333–15–P

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Mount Rainier White-Tailed Ptarmigan Population Units and National Park Service, US Forest Service, BC Provincial Parks in Washington and British Columbia, Canada 121"0'0'W l20'IIV'W

Britls h Columbia L- ""-1.,,. Fraser Vallll!f ,_' l

E-Ilk--'-----. It

LEGEND E c:::IPopulation Unit It EIt l22Z] Wflderness Areas Nation al Park Service - us Forest Service - BC Provmc.ial Parks /',./ Highways Major Cities (;]• Counties L =~ BC DiSlrlds E E r.. r..

KikJmeters: N 0 15 30 60 I I I I I I I I I I I I I I I I I 0 10 20 40 A Miles 121"0'0'W 12.G"O'O'W

Figure 1. Mount Rainier white-tailed ptarmigan population units, land ownership, and designated wilderness areas in the range ..

BILLING CODE 4333–15–C 77.15.400 (Washington State Legislature White-tailed ptarmigan are a ‘‘Species The Washington Department of Fish 2020, entire). Hunting of ptarmigan is of Greatest Conservation Need’’ in the and Wildlife (WDFW) considers the allowed in a relatively small portion of State Wildlife Action Plan (WDFW white-tailed ptarmigan a game bird, but the Canadian portion of the North 2015, pp. 3–18). The WDFW is making does not have a hunting season on the Cascades–West population unit from efforts to better understand the species. Take or possession of the mid-September through mid-December distribution and abundance of the species would be a violation under the (BC Canada 2020, entire). species by soliciting observations from Revised Code of Washington, section birding enthusiasts, hikers, backpackers,

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mountaineers, skiers, snowshoers, and of the subspecies (USFWS 2020, pp. 44– in a relatively small area in the corner other recreationists that visit ptarmigan 66). While the effects from recreation of Mount Rainier National Park but is habitat. The Transboundary also appear to be limited to localized likely allowed in other areas throughout Connectivity Project (Krosby et al. 2016, impacts on individuals, recreation is the the range. Six developed ski areas are entire) included white-tailed ptarmigan primary human activity throughout the within the range of the subspecies. as a focal species, and members created range of the subspecies and so we While the size and use of the developed conceptual models of stressors to the discuss it below in this rule along with ski areas have grown over time, and species and designed strategies to abate the stressor of climate change. The disturbance from developed ski areas is threats. effects of climate change are already documented in related species, the six Critical habitat for Canada lynx (Lynx evident in Mount Rainier white-tailed ski areas in the range of Mount Rainier canadensis) overlaps the range of Mount ptarmigan habitat, and the projected white-tailed ptarmigan have all been in Rainier white-tailed ptarmigan in almost future increase in those effects may operation for more than 50 years and the entire North Cascades–East decrease the viability of the subspecies. their collective skiable area makes up population unit, and about half of the Recreation—The Cascade Mountain only 0.2 percent of the range of the North Cascades–West population unit range in Washington is popular with species (Stevens Pass 2020, entire; (79 FR 54782, September 12, 2014). One outdoor enthusiasts, and Alpine Lakes, Summit 2020, entire; Crystal Mountain of the identified physical and biological Goat Rocks, Mount Rainier National 2020, entire; Manning 2020, entire; On features essential to the conservation of Park, Mount Adams, and North the Snow 2020, entire; Heller 1980, Canada lynx is snow conditions (winter Cascades National Park are visited by entire; Meyers 2018, entire). Disturbance conditions that provide and maintain recreationists throughout the year. For to individual Mount Rainier white- deep fluffy snow for extended periods example, Alpine Lakes has an average of tailed ptarmigan in the vicinity of these in boreal forest landscapes). This critical 150,000 visitors annually (USFS 2020a, ski areas may occur; however, it is habitat designation may provide some entire), Mount Rainier National Park unclear if any population units of benefit to Mount Rainier white-tailed had approximately 1.5 million visitors ptarmigan rely on these ski areas for ptarmigan by regulating activities that in 2019, and North Cascades National winter habitat as they have been in are likely to adversely affect Canada Park drew 38,208 visitors in 2019 (NPS operation for many decades. In general, lynx critical habitat within these 2020a, entire). Recreation in alpine the uncertainty surrounding the population units. habitats includes activities associated locations of Mount Rainier white-tailed White-tailed ptarmigan are not on the with motorized recreation, such as the ptarmigan winter-use areas limits our sensitive species list for USFS forests use of snowmobiles in the winter, and understanding of the scope and within the range of Mount Rainier nonmotorized recreation throughout the intensity of winter recreation activities white-tailed ptarmigan. Further, birds in year, such as hiking, backcountry on the subspecies. the family Phasianidae, including camping, climbing, mountain biking, Recreation on Federal lands as a white-tailed ptarmigan, are not snowshoeing, and skiing. While whole has increased over time and is protected in either the United States or recreation in the alpine areas is largely projected to continue to increase with Canada by the Migratory Bird Treaty Act confined to established routes on future changes in human population (USFWS 2020b, p. 4). In Canada, with existing highways, roads, and trails, and income (White et al. 2016, entire; the exception of the Vancouver Island some recreationists will leave Bowker and Askew 2012, entire). For subspecies, white-tailed ptarmigan are established roads or trails, either to recreation in the United States, listed as a G5 species (least concern) by temporarily access other areas or to developed skiing is projected to have the British Columbia Conservation Data establish unauthorized social trails. the highest percentage potential Center. In the winter, snowmobiles, snowcats, national increase in total days of skiers (developed alpine/cross country Stressors participation, with moderate increases and back country), and to a lesser extent in snowshoeing and cross-country We analyzed a variety of stressors that snowshoers, may have direct effects on skiing, and the least growth expected in potentially influence the current status the fitness and survival of Mount Rainer motorized snow activities (White et al. of the Mount Rainier white-tailed white-tailed ptarmigan, the availability 2016, entire; Bowker and Askew 2012, ptarmigan or may influence the of forage plants, and the suitability of pp. 111–120). However, the best subspecies’ future status. We again roosting sites (Braun et al. 1976, p. 8; available information does not indicate looked at all of the factors identified in Hoffman 2006, p. 44; Willard and Marr that activities associated with winter the petition, as well as any potential 1970, p. 257). These winter activities recreation affect the resiliency of any new influences in the range of the may also indirectly (1) induce stress and population in the range of Mount subspecies. Neither the petition nor our disturbance/dispersal in ptarmigan, (2) Rainier white-tailed ptarmigan either 90-day finding identified disease as a cause them to flush, exposing them to currently or in the future. threat, and we did not find information predation, or (3) discourage access to In the spring, summer, and fall, day in our analysis to indicate that disease forage plants and snow roosting sites hikers, backpackers and backcountry is currently, or likely to be in the future, (which could impact subsequent fitness campers and climbers, as well as a threat to the resiliency of any and reproductive success the next mountain bikers in some areas, may population unit or the overall viability spring) (Braun et al. 1976, entire; recreate in areas suitable as breeding of the subspecies. Our SSA concluded Hoffman 2006, entire). and postbreeding habitat for Mount that the available information on several Outside of designated wilderness Rainier white-tailed ptarmigan. Direct potential stressors, including mining, boundaries, there are 80 snowparks in effects on ptarmigan from these hunting, grazing and browsing, the Washington designated for snowmobile activities may include mortality, invasive willow borer beetle use (Washington State Parks 2020); a temporary disturbance, temporary (Cryptorhynchus lapathi), predation, number of these occur in the range of dispersal or permanent displacement and development and infrastructure Mount Rainier white-tailed ptarmigan from forage and shelter areas, as well as indicated that these did not operate to though we do not have a measure of the destruction of individual nests a level affecting the resiliency of any their footprint in the population units at (Braun et al. 1976, entire; Hoffman 2006, population unit, or the overall viability this time. Snowmobiling is allowed only entire). Indirect effects may include

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trampling of habitat (therefore, reducing experience temporary disturbance in an mountain biking and horseback riding. the quality or quantity of the habitat area, reductions in population vital They have also shown higher levels of factors needed for feeding, breeding, rates, including survival and disturbance and avoidance of habitat in and sheltering) as well as increased reproduction, would result. Repeated, areas with larger groups of people predation on ptarmigan due to an prolonged, or concentrated disturbance gathered, like areas close to restaurants, increase in predator levels from of ptarmigan, or trampling or parking areas, and forest entrances. In recreation-related food litter (see modification of areas they use, may contrast, in areas near hiking and Predation, above) (Price 1985, p. 266; permanently displace individuals; this walking trails, western capercaillie Crisfield et al. 2012, p. 279; Marion et would effectively result in habitat loss seemed to express a higher level of al. 2016, p. 354; Martin and Butler 2017, for the individual and, if experienced by habituation to the presence of humans, p. 360; Hammett 1980, pp. 22–24). enough individuals over a large enough even when people are accompanied by Sensitive alpine soils may also erode area, for the population (Taylor and leashed dogs (Moss et al. 2014, p. 12). or dry out following trampling and Knight 2003, p. 961; Ciuti et al. 2012, p. compaction from recreation, especially 9; Immitzer et al. 2014, pp. 177, 179; One measure of the rate of summer where it occurs away from roads and Tablado and Jenni 2017, p. 92; Seglund recreation in alpine areas is the number trails (Willard and Marr 1970, p. 257; et al. 2018, pp. 90–91). of permitted backcountry campers Ebersole et al. 2004, p. 101). A plant’s Reported disturbance and avoidance (counting every person and night of resistance to trampling varies with effects appear related to the type of each camping permit). The total number vegetation stature, growth form, and activity on the trail. Unmanaged dogs of backcountry campers in the four areas flexibility (Cole and Trull 1992, pp. may disturb, chase, and/or kill managed by the NPS in the range of the 231–235). Some of the community types ptarmigan, as evidenced by an Mount Rainier white-tailed ptarmigan we expect ptarmigan to use are unleashed dog killing a southern white- (Mount Rainier National Park, North relatively resistant to trampling (e.g., tailed ptarmigan chick in Colorado Cascades National Park, Lake Chelan Carex), while others are sensitive (e.g., (Seglund et al. 2018, p. 91). Only National Recreation Area, and Ross Lake Phyllodoce) (Cole and Trull 1992, pp. leashed service dogs are allowed on National Recreation Area) has increased 231–235). In 1992, social trails resulted trails in National Parks and some permit over time (Figure 2), but there is in significant damage in Paradise Park, areas in National Forests like variability from year to year that is an area of exceptionally high recreation Enchantment Permit Area and Ingalls likely influenced by a variety of factors use in Mount Rainier National Park Lake area of Alpine Lakes Wilderness including population growth, the (Rochefort and Gibbons 1992, p. 122). (NPS 2020b, entire; USFS 2020a, entire). economy, and weather events, among However, the area disturbed by Dogs on most National Forest lands others. Climbing is also a popular trampling, social trails, and illegal including designated wilderness are activity, particularly at Mount Rainier campsites across the Mount Rainier only required to be leashed when in National Park. Mount Rainier summit white-tailed ptarmigan population developed areas and on interpretive attempts averaged 10,691 per year analysis units has not been surveyed. trails; on most USFS land, dogs are during the period 2008–2018, with The temporary disturbance to wildlife required to be under voice control or on 10,762 climbers in 2018 (NPS 2020c, from the presence of humans (and a leash, but there is no explicit leash entire). Nearly all climbing is conducted sometimes pet dogs and pack animals) requirement for most of the lands in the between mid-April and mid-September may be reflected in behavioral reactions USFS system (USFS 2020a, entire; USFS (Lofgren and Ellis 2017, p. 8). A number (i.e., fleeing or flushing), direct energetic 2020b, entire). Studies of western of climbers camp overnight in the costs, and elevated stress levels. capercaillie (Coppes et al. 2017, pp. backcountry as part of their summit Individual ptarmigan may return to an 1589, 1592; Moss et al. 2014, p. 12) have attempt, and we do not know whether area after a temporary disturbance shown higher levels of disturbance and the number of climbers are reflected in subsides; however, if enough individual avoidance of habitat in areas with the number of backcountry campers Mount Rainier white-tailed ptarmigan sudden or unpredictable recreation, like reported for the Park.

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Annual Number ofBackcountry Campers (overnight stays) 1991-2019 70000 , ,. 60000 , , '\ - \ ,-, \ 50000 ,.. , ..... \ ., ,, _, ._. ' " \ _, , 40000 , - , - -- 30000 - , - ' ..... 20000 ' • 10000 . . - . . . . . - . - . 0 - -·---·-·-·-· -~e.-,~.il!! . - - - - ..-i N ro 'SJ" U1

There are approximately 4,387 km predict to what extent any potential will likely increase in the future, (2,726.48 mi) of trails, unauthorized increase in recreation will impact the available information does not indicate ‘‘social trails,’’ and climbing routes that survival and reproduction of Mount that future increases in recreation would have developed over time throughout Rainier white-tailed ptarmigan rise beyond individual-level impacts the 1,631,746-ha (4,032,129-ac) range of populations. Furthermore, many areas such that it is likely to affect subspecies Mount Rainier white-tailed ptarmigan. within the range are remote and difficult redundancy or representation. After dividing the area of trails in each to access, so the distribution of current Climate change—The population unit by the total hectares recreational use skews towards areas Intergovernmental Panel on Climate (acres) in the unit, we found the density that are more accessible. We expect this Change (IPCC) (2019, pp. 2–9) projects of trails per unit ranges from a low of tendency of recreationists to with very high confidence that surface 0.01 percent in the North Cascades–East disproportionately use more accessible air temperatures in high mountain areas populations unit to a high of 0.07 areas to continue in the future. will rise by 0.54 degrees F (0.3 degrees percent in the Mount Adams population In summary, a wide array of C) per decade, generally outpacing unit, with a total density of trails in the recreation regularly occurs year-round global warming rates regardless of future range of 0.02 percent. Reported within all Mount Rainier white-tailed emission scenario. As temperatures disturbance and avoidance effects for ptarmigan population units. Although increase, glaciers initially melt quickly similar species appear related to the no published studies exist that directly and contribute an increased volume of type of activity on the trail, and most of link recreation to individual-level, water to the system, but as glacial mass the trail recreation in Mount Rainier population-level, or subspecies-level is lost, their contribution of meltwater to white-tailed ptarmigan habitat is related effects to the Mount Rainier white-tailed the system decreases over time. Global to hiking, backpacking, and climbing ptarmigan, effects to individual Mount climate models project declines in rather than more disturbing sudden or Rainier white-tailed ptarmigan have current glacier area throughout the unpredictable activities, like mountain been observed and studies have shown Washington and northern Oregon biking or horseback riding. We do not effects of higher intensity recreation on Cascades (Frans et al. 2018, p. 13) that know if individual ptarmigan in the closely related species. However, the will result in a corresponding decline in range are disturbed by hikers to the lack of information on historical associated snowpack and glacial melt point of abandoning habitat, or if they abundance and distribution of Mount contribution to summer discharge. habituate to the presence of hikers Rainier white-tailed ptarmigan made it Scenario RCP (Representation (Moss et al. 2014, p. 12) and remain difficult to assess the magnitude of Concentration Pathway) 4.5 is a somewhere in the vicinity. Though the impact that recreation has had to date moderate emissions scenario, and RCP density of Mount Rainier white-tailed on the subspecies. Further, the history 8.5 is a high emissions scenario (Alder ptarmigan in proximity to any trail in of established recreation to date, the low and Hostetler 2016, entire). In the North any unit is not available, the risk of density of trails, and the large Cascades, glaciers are projected to potential exposure to hikers and the risk percentage of protected wilderness in retreat 92 percent between 1970 and of trampling of habitat is likely the range (69 percent of the range in the 2100 under RCP 4.5, and 96 percent concentrated in areas near specific high- United States) all likely reduce the risk between 1970 and 2100 under RCP 8.5 use trails in the range. of exposure of this stressor to the (Gray 2019, p. 34). Future recreation levels are projected subspecies. Based on the available The effects of climate change have to continue to increase with changes in information, recreation of any type or already led to some glacial recession in human population and income, with timing does not appear to currently Mount Rainier white-tailed ptarmigan moderate increases in day hiking and affect any more than individual habitat (Snover et al. 2013, pp. 2–3). climbing, and the least growth expected ptarmigan in localized areas. Although Geologic mapping data, old maps and in backpacking (White et al. 2016, both established recreation in aerial photos, and recent inventories entire; Bowker and Askew 2012, pp. designated areas as well as recreation indicate that glacier area declined 56 111–120), although it is difficult to away from established roads and trails percent in the North Cascades between

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1900 and 2009 (Dick 2013, p. 59). On in the quality of available snow through substrate as snow cover changes. A Mount Adams, total glacier area increases in rain on snow events and the change in timing of molt, or timing of decreased by 49 percent from 1904 to refreezing of the surface of snowpack snow cover, could limit the 2006, at about 0.15 km2 (0.06 mi2) per that melted in the heat of the day. The effectiveness of this strategy (Riedell year (Sitts 2010, p. 384). Other refreezing of snow creates a hard surface 2019, pers. comm.), leading to higher individual glaciers in Washington have crust (Peterson et al. 2014) that may predation risk to individuals. receded from 12 percent (Thunder make burrowing for roosting sites Climate change may affect Mount Creek; 1950–2010) to 31 percent difficult for ptarmigan. Furthermore, Rainier white-tailed ptarmigan through (Nisqually River; 1915–2009) (Frans et warm winter temperatures create wet, direct physiological effects on the birds al. 2018, p. 10), and throughout the heavy snow (Peterson et al. 2014), such as increased exposure to heat in Cascades, glaciers continue to recede in which is denser with less air space and the summer. Mount Rainier white-tailed both area and volume (Snover et al. therefore less suitable for snow roosts. ptarmigan experience physiological 2013, pp. 2–3; Dick 2013, p. 59). Reduced snowpack, earlier snowmelt, stress when ambient temperatures Glacier melt in many of the elimination of permanent snowfields, exceed 21 degrees C (70 degrees F; watersheds of the eastern Cascade Range and higher evapotranspiration rates are Johnson 1968, p. 1012), so their survival and low-moderate elevation watersheds likely to enhance summer soil drying during warmer months depends on of the western Cascades has already and reduce soil water availability to access to cool microrefugia in their peaked, or will peak in the current alpine vegetation communities in the habitat; these cooler areas are created by decade (Frans et al. 2018, p. 20). The Cascades (Elsner et al. 2010, p. 245). As boulders and meltwater near glaciers, variation in the timing of peak discharge the climate becomes warmer, vegetation permanent snowfields, snowbanks, and from glacier to glacier will initially lead communities are also expected to shift other areas of snow in alpine areas. The to decreases in available moisture to their distributions to higher elevations. projected increases in temperature and some alpine meadows, but increases in Globally, treelines have either risen or related decreases in snowpack and others. Later in the century, we expect remained stable, with responses to meltwater will reduce the availability of all areas to suffer significant losses of recent warming varying among regions these microrefugia in the foreseeable glacier melt (Frans et al. 2018, p. 20). (Harsch et al. 2009, entire). Strong future to populations of Mount Rainier Total discharge in August and treeline advances have already been white-tailed ptarmigan. September from snowmelt, rain, and found in some areas of Washington, The timing of peak plant growth glacial melt in a sample of Cascades such as Mount Rainier National Park influences the availability of watersheds is already below the 1960– (Stueve et al. 2009, entire). As treeline appropriate seasonal forage to 2010 mean and is expected to continue rises at the lower limit of the alpine ptarmigan, as well as the availability of to drop through 2080 (Frans et al. 2018, zone, upward expansion of the alpine insects. When the peak of plant p. 15). Glaciers on the east side of the zone will be constrained by cliffs, abundance falls outside a crucial post- Cascade crest, where the precipitation parent rock material, ice, remaining hatch period, the resulting phenological regime is drier, show the strongest glaciers, permanent snow, and the top of mismatch affects chick survival (Wann response to climate in both historical mountain ranges. Where glaciers and et al. 2019, entire). Projected effects of and future time periods, and will be the permanent snow recede, primary climate change could alter the growing most sensitive to a changing climate succession will need to occur before the season and abundance of the (Frans et al. 2018, p. 17). underlying parent material can support ptarmigan’s preferred vegetation and the Spring snowpack fluctuates alpine meadows. Succession of the timing of the emergence and abundance substantially from year to year in Lyman glacial forefront (the newly of the insects necessary for foraging. If Washington, but has declined overall by exposed area under a receding glacier) these changes result in significant 30 percent from 1955 to 2016, and is in the North Cascades took 20–50 years asynchrony, populations of Mount expected to further decline by up to 38 to develop early successional plant Rainier white-tailed ptarmigan may not percent under RCP 4RCP4.5 and up to species. have adequate forage availability. 46 percent under RCP 8RCP8.5 by Decreased winter wind associated Where upslope migration of plant midcentury (Roop et al. 2019, p. 6). with climate change may be communities is able to occur in the face Changes in snowpack in the colder contributing to observed declines in of climate change, habitat for white- interior mountains will largely be snowpack and stream flows (Luce et al. tailed ptarmigan will still not be driven by decreases in precipitation, 2013, p. 1361). Continued decreases in available unless or until primary while changes in snowpack in the wind are expected throughout the succession proceeds to the stage where warmer maritime mountains will be Cascades (Luce 2019, p. 1363), dwarf willows, sedges, and other driven largely by increases in potentially decreasing the availability of ptarmigan forage species are present in temperature (Hamlet et al. 2006, pp. 40– forage for Mount Rainier white-tailed sufficient abundance and composition 42). Although some high-elevation sites ptarmigan, as well as allowing some to support foraging ptarmigan and insect that maintain freezing winter krummholz to grow taller into tree form, populations for chicks. If it takes at least temperatures may accumulate which can reduce the suitability of 20 years to develop limited white-tailed additional snowpack as additional habitat. Decreased wind may reduce ptarmigan forage plants (Saxifrage winter precipitation falls as snow, snowbanks and thereby limit the species), and 70–100 years to mature to overall, perennial snow cover is availability of snow rooting sites for the full habitat with lush meadows and projected to decrease with climate subspecies, increasing the exposure of ericaceous subshrubs, this would change (Peterson et al. 2014, p. 25). A Mount Rainier white-tailed ptarmigan to represent a gap in breeding and post- substantial decrease in perennial snow temperatures below their tolerance in breeding habitat for 5 to 24 generations cover is projected for the North the winter. Delayed snowfall could also (assuming a generation length of 4.1 Cascades, with many areas of current create plumage mismatch leading to years) (Bird et al. 2020, supplement snow cover replaced by bare ground increased predation. White-tailed Table 4). Thus, we do not expect new (Patil et al. 2017, pp. 5600–5601). ptarmigan are adapted to be cryptic habitat for the subspecies to be created Projected increases in air through all seasons by changing at the same rate at which it is lost. temperatures will also lead to changes plumages frequently to match the Climate change will also convert

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subalpine forest openings (e.g., effects of climate change are likely to we identified 10 key resiliency meadows) to subalpine forests, which affect the overall viability of the attributes for populations of Mount are not suitable winter habitat for white- subspecies. Rainier white-tailed ptarmigan: (1) tailed ptarmigan. Infill of subalpine Connectivity among seasonal use areas, Summary of Factors Influencing the openings with trees has already (2) cool ambient summer temperatures, Status of the Species occurred at Mount Rainier National Park (3) a suitable hydrologic regime to (Stueve et al. 2009, entire). Subalpine We reviewed the environmental and support alpine vegetation, (4) winter tree species have increasingly filled in anthropogenic factors that may snow quality and quantity, (5) subalpine meadows throughout influence the viability of Mount Rainier abundance of forage, (6) cool microsites, Northwestern North America (Fagre et white-tailed ptarmigan, including (7) suitable population structure and al. 2003, p. 267). regulatory and voluntary conservation recruitment, (8) adequate population In summary, the future condition of measures and potential stressors. The size and dynamics, (9) total area of Mount Rainier white-tailed ptarmigan subspecies is provided some measure of alpine breeding and postbreeding habitat will likely be affected by several protection from the large amount of habitat, and (10) total area of winter factors associated with climate change Federal management and habitat. We developed tables of these including the following: Exposure to congressionally designated wilderness key population needs with one or more heat stress (caused by increasing in its range, the management of some of measurable indicators of each ambient temperatures coupled with its range in Canada by British Columbia population need (USFWS 2020, p. 32). decreasing availability of the cool Provincial Parks, the subspecies’ To evaluate current condition, we summer refugia supplied by snow and designation in Washington, and the took information for the current value of glaciers); loss of winter snow roosts that overlap of its range with Canada lynx each indicator and assigned it to a protect ptarmigan from winter storms; critical habitat. condition category (USFWS 2020, pp. changes in snow deposition patterns The best available information does 60–86). We created condition categories that may affect both snow roosts and not indicate that disease has previously, based on what we consider an forage availability; loss of alpine is currently, or will in the future affect acceptable range of variation for the vegetation due to both hydrologic the resiliency of any Mount Rainier indicator based on our understanding of changes caused by decreases in white-tailed ptarmigan population the species’ biology and the need for meltwater from snowpack and glaciers units. Although mining, hunting, human intervention to maintain the as well as rising treelines; and grazing and browsing, the borer beetle, attribute (Conservation Measures phenological mismatch between predation, development, and recreation Partnership 2013, entire) (Table 5). ptarmigan hatch and forage availability. may have localized effects to individual Categorical rankings were defined as These changes are likely to impact the Mount Rainier white-tailed ptarmigan, follows: habitat at levels that measurably affect the best available information does not Poor—Restoration of the population the resiliency of all populations. suggest they affect the overall viability need is increasingly difficult (may result Although a reasonable projection of of the subspecies, and none are in loss of the local population); future population trend is limited by the projected to increase in the future to a lack of demographic data, the projected level that will affect the viability of the Fair—Outside acceptable range of degradation and loss of habitat, as well subspecies. However, the effects of variation, requiring human intervention as likelihood of increased physiological climate change are already evident in (this level would be associated with a stress of individuals across the range, Mount Rainier white-tailed ptarmigan decreasing population); would most certainly have negative habitat, and the projected future Good—Indicator within acceptable effects on the future population growth increase in those effects appears likely range of variation, with some rate of the subspecies. The scope and at a scope, magnitude, and intensity that intervention required for maintenance intensity of these combined effects is will most certainly decrease the (this would be associated with a stable likely to affect the future resiliency of viability of the subspecies. population); every extant population of Mount Very Good—Ecologically desirable Rainier white-tailed ptarmigan and the Current Condition status, requiring little intervention for redundancy and representation of those Based on our assessment of the maintenance (this would be associated units across the range. Therefore, the biological information on the species, with a growing population).

TABLE 5—METRICS FOR BOTH CURRENT AND FUTURE CONDITION INDICATOR RATINGS FOR HABITAT ATTRIBUTES OF MOUNT RAINIER WHITE-TAILED PTARMIGAN

Indicator ratings descriptions Population need Indicator Poor Fair Good Very Good

Cool ambient tem- Maximum summer >38 °C (100 °F) ...... 21.1–38 °C (70.1–100 13.4–21 °C (56–70 °F) 7.3–13.3 °C (45– peratures in sum- temperature. °F). 56 °F). mer. Cool ambient tem- Number of days >3 ...... 1 to 3 ...... 0–1 ...... 0. peratures in sum- above 30 °C. mer. Hydrologic regime ...... Glacier melt (dis- <0.5 ...... 0.5 to 0.75 ...... >0.75 to 1 ...... >1. charge normalized to 1960–2010 mean). Hydrologic regime ...... Snow water equivalent >2 standard deviation 1–2 standard devi- <1 standard deviation Pre-1970 levels. (April 1). from historical mean. ation from historical from historical mean. mean.

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TABLE 5—METRICS FOR BOTH CURRENT AND FUTURE CONDITION INDICATOR RATINGS FOR HABITAT ATTRIBUTES OF MOUNT RAINIER WHITE-TAILED PTARMIGAN—Continued

Indicator ratings descriptions Population need Indicator Poor Fair Good Very Good

Abundance of food re- Distance to water dur- >200 m ...... 61–200 m ...... 11–60 m ...... <10 m. sources. ing breeding season. Abundance of food re- Soil moisture ...... >2 from standard de- 1–2 standard devi- <1 standard deviation Pre-1970 levels. sources. viation from histor- ation from historical from historical mean. ical mean. mean. Total area of modelled Area of alpine vegeta- <7 sq km (1,730 ac) .. 1,731–4,000 ac ...... 4,000–12,000 ac ...... >12,000 ac. summer habitat. tion modelled from MC2. Total area of modelled Area of alpine vegeta- <7 sq km (1,730 ac) .. 1,731–4,000 ac ...... 4,000–12,000-ac ...... >12,000 ac. summer habitat. tion modelled from Bioclimatic Niche Models.

Eight additional indicators had data Landfire and NPS vegetation maps; and overall condition score of the available for current condition, but we mapped area of subalpine vegetation population unit was scored as fair. The did not have models that allowed us to from Landfire and NPS vegetation maps. historical population at Mount Saint project them into the future so we did Current resiliency ratings are captured Helens was extirpated as a result of the not use them to assess future condition. in Table 6. Redundancy is limited to six volcanic explosion in 1980. The These additional indicators include known extant population units in good William O. Douglas Wilderness contains connectivity between breeding, or fair condition across the range of the potential habitat, but we have no postbreeding, and winter habitat; area of subspecies. With respect to ecological records of white-tailed ptarmigan in the variation, three extant populations willow, alder, or birch (winter forage); area and consider occupancy unknown. occur in the South representation area distance to water during breeding Habitat for populations in the South and three extant populations occur in season; unvegetated area of glacial the North area. Although Mount Adams Area is more limited and isolated than forefront (not colonized by forage plants has poor landscape context due to large habitat for populations in the North. yet, less is better); cover or distribution gaps in habitat limiting connectivity Observations on record and expert of large boulders (breeding and throughout the unit, and the condition opinion indicate there are only a small postbreeding seasons); a qualitative is poor due to low quality of vegetation, number of birds in the Goat Rocks and assessment of vegetation quality; the availability of microrefugia and Alpine Lakes population units in the mapped area of alpine vegetation from summer habitat are very good, so the South Area.

Table 6. Current condition for each occupied Mount Rainier white-tailed ptarmigan population. Note: landscape context describes the combined condition of connectivity, ambient tern erature h drolo ic re ime and winter snow. Representation Population Unit Area

North North Cascades-East North North Cascades-West North Alpine Lakes South Mount Rainier South Goat Rocks South Mount Adams

Future Condition frame the most likely high and low scientific procedures, because such boundaries of future greenhouse gas projections provide higher resolution To better understand the projected emissions. information that is more relevant to future condition of Mount Rainier Projected changes in climate and spatial scales used for analyses of a white-tailed ptarmigan, we developed related impacts can vary substantially given species (Glick et al. 2011, pp. 58– four future scenarios based on global across and within different regions of 61). We used data obtained from the climate models at RCP 4.5 and RCP 8.5 the world (IPCC 2007, pp. 8–12). Northwest Climate Toolbox, developed to depict a range of potential outcomes Therefore, we use ‘‘downscaled’’ by members of the Applied Climate for the subspecies’ habitat over time. projections when they are available and Science Lab at the University of Idaho These models were chosen because they are developed through appropriate (Hegewisch and Abatzoglou 2019,

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entire). In addition to past and current current population resiliency. We maintain Mount Rainier white-tailed data, the Northwest Climate Toolbox reported subalpine area for each ptarmigan populations and habitat. provides modeled future projections of analysis unit but did not use it as an The scenarios demonstrated that the climate and hydrology based on the indicator of future resilience because projected effects of climate change effects of potential degrees of this measure does not differentiate could result in the loss of up to 95 greenhouse gas emissions reported by between subalpine forests (which are percent of the Mount Rainier white- the IPCC (IPCC 2014, entire). We not suitable for Mount Rainier white- tailed ptarmigan’s currently available evaluated the downscaled climate tailed ptarmigan) and subalpine alpine tundra habitat (USFWS 2020, pp. projections out to the middle of the openings (suitable winter habitat). We 111–117, Appendix A), and lead to a century (2040–2069) (approximately 20– also included a management variable in related decrease in the availability of our scenarios to assess if specific 50 years from the present); after this thermal microrefugia for the subspecies. management of recreation impacts and timeframe, the projections from these Although vegetation models yield habitat enhancement and restoration two models diverge due to uncertainty different acreage projections, trajectories would make a difference to the (IPCC 2014, p. 59). of both vegetation models and all projected status of Mount Rainier white- We estimated area of alpine scenarios are similar in indicating only tailed ptarmigan in the future. vegetation from vegetation models based The future scenarios we developed one or two populations are likely to on the RCP 4.5 or RCP 8.5 scenarios based on the climate-based vegetation have any breeding season habitat (MC2 models) (Bachelet et al., 2017; models include: remaining by 2069. Mount Rainier is Sheehan et al., 2015). We also estimated (1) Projected climate change effects consistently projected to be one of the area of alpine vegetation from biome under RCP 4.5 with no management for remaining populations in all four future climatic niche models based on three Mount Rainier white-tailed ptarmigan scenarios. The management actions earlier global climate projections populations or habitat; (which include both reduced (CGCM3 1 A2 2090, Hadley A2 2090, (2) Projected climate change effects recreational impacts and habitat and Consensus A2 2090). These models under RCP 8.5 with no management for enhancement and restoration) are not were used to project alpine area (and Mount Rainier white-tailed ptarmigan projected to affect the status of any other vegetation type areas) for the populations or habitat; population unit in the GCM 4.5 Transboundary Connectivity Project (3) Projected climate change effects scenario, and only projected to (Krosby et al. 2016, entire, based on the under RCP 4.5 with management to potentially benefit the North Cascades– projections supplied by Rehfeldt et al. maintain Mount Rainier white-tailed West population unit in the GCM 8.5 2012). Alpine area from the NPS and ptarmigan populations and habitat; and scenario. Table 7 summarizes the future Landfire vegetation maps provides the (4) Projected climate change effects condition for all known currently extant most reliable and important measure of under RCP 8.5 with management to population units.

Table 7. Future condition rating for each occupied Mount Rainier white-tailed ptarmigan o ulation. Future Condition Representation Population Current Area Unit Condition

North North Cascades-East North North Cascades-West North Alpine Lakes South Mount Rainier South Goat Rocks South Mount Adams

Currently, population units of Mount temperature. After developing four of that population unit. The South Rainier white-tailed ptarmigan maintain future scenarios based on downscaled representation area maintains much fair to good resiliency across the range. climate and vegetation models, we better future resiliency and redundancy Threats to white-tailed ptarmigan from found that Mount Rainier is the only than the North area. Resiliency of all the continuing effects of climate change population unit in the range of the three population units in the North area include physiological stress due to species projected to maintain good decreases to poor resiliency in all four elevated temperatures, reduced resiliency across all four future future scenarios, with the exception of availability of moist alpine vegetation scenarios. Mount Adams is also North Cascades–West, which will and associated insects, and loss of snow projected to remain extant, though with maintain fair resiliency in Scenario 4. cover and reduction of snow quality for less resiliency under RCP 8.5 model Overall, the number of resilient climate microrefugia and camouflage, projections. Both of these units are in population units will decrease in the and most importantly, loss of breeding the South representation area; this area future, reducing redundancy across the and postbreeding habitat as a result of also includes Goat Rocks, but all four range. If population units in the North changes in precipitation, wind, and future scenarios predict poor resiliency representation area decrease in

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resiliency to the point of extirpation, the invasive willow borer beetle, temperatures associated with climate ecological diversity present in the North development, and recreation change are expected to have direct representation area will be lost. demonstrated varying degrees of impacts on individual birds (Factor E), We note that, by using the SSA localized effects to individual birds, but which experience physiological stress at framework to guide our analysis of the none of these stressors demonstrated temperatures above 21 degrees C (70 scientific information documented in effects to habitat at a level that is degrees F). In the North Cascades, the SSA report, we have not only currently impacting the viability of the glaciers are projected to retreat between analyzed the various factors that have a subspecies (Factor A). The best available 92 percent and 96 percent in the future. population-level effect on the species, information does not suggest that Glacier melt in many of the watersheds but we have also analyzed their hunting (Factor B) or predation or of the eastern Cascade Range and low- potential cumulative effects. We disease (Factor C) are threats to Mount moderate elevation watersheds of the incorporate the cumulative effects into Rainier white-tailed ptarmigan. Habitat western Cascades has already peaked, or our SSA analysis when we characterize for the Mount Rainier white-tailed will peak in the current decade. Total the current and future condition of the ptarmigan is currently supporting discharge in August and September species. Our assessment of the current populations of the subspecies, and from snowmelt, rain, and glacial melt in and future conditions encompasses and approximately 54 percent of the entire Cascades watersheds has notably incorporates an analysis of each threat range is protected under wilderness declined and is expected to continue to on its own and cumulatively. Our designation from habitat loss resulting drop through 2080. Spring snowpack in current and future condition assessment from development (Factor D). We also Washington has already declined is iterative because it accumulates and evaluated disturbance associated with overall by 30 percent from 1955 to 2016, evaluates the effects of all the factors recreation effects, but the best available and is expected to further decline from that may be influencing the resiliency of information does not indicate any 38 to 46 percent by midcentury. The populations of the species, including current effect to the viability of the projected decreases in snowpack and threats and conservation efforts. subspecies (Factor E). We further glaciers and their associated meltwater, Because the SSA framework considers examined the current information as well as changes in snow quality, not just the presence of the factors, but available on demographics and decreasing wind, and advancing treeline to what degree they collectively distribution of the species as well as and infill, could result in the loss of up influence risk to the entire species, our availability and quality of suitable to 95 percent of the Mount Rainier assessment integrates the cumulative habitat in the range. The best available white-tailed ptarmigan’s currently effects of the factors and replaces a information does not demonstrate any available alpine tundra habitat and a standalone cumulative effects analysis. discernible trend for the condition (e.g., related loss in the availability of thermal Determination of Mount Rainier White- increasing, declining, or stable) of the microrefugia for the subspecies. Tailed Ptarmigan Status known populations of Mount Rainier Within 50 years, the climate within white-tailed ptarmigan. Overall, the available suitable Mount Rainier white- Section 4 of the Act (16 U.S.C. 1533) subspecies currently exhibits adequate and its implementing regulations (50 tailed ptarmigan habitat is expected to resiliency, redundancy, and change significantly, such that the CFR part 424) set forth the procedures representation. Thus, after assessing the subspecies may remain at only one or for determining whether a species meets best available information, we two of the six current known extant the definition of an endangered species determined that the Mount Rainier population units, both of which are or a threatened species. The Act defines white-tailed ptarmigan is not currently located in the South representation area. ‘‘endangered species’’ as a species ‘‘in in danger of extinction throughout all of These threats and responses are danger of extinction throughout all or a its range. significant portion of its range’’ and However, after assessing all the same reasonably foreseeable; notable glacial ‘‘threatened species’’ as a species ‘‘likely stressors for future condition, we retreat has already occurred in the range to become an endangered species within determined that habitat loss and due to warming temperatures, and the the foreseeable future throughout all or degradation resulting from climate best available information does not a significant portion of its range.’’ The change will affect the Mount Rainier indicate that the rate of climate change Act requires that we determine whether white-tailed ptarmigan within the will slow within the foreseeable future. a species meets the definition of foreseeable future. The level of The maximum two populations ‘‘endangered species’’ or ‘‘threatened predation, development, and recreation projected to remain in 50 years are species’’ because of any of the following may increase in the future, but the best insufficient to support the Mount factors: (A) The present or threatened available information at this time does Rainier white-tailed ptarmigan’s destruction, modification, or not indicate that they are reasonably viability. Furthermore, connectivity curtailment of its habitat or range; (B) likely to increase to a degree that will between populations is currently low, Overutilization for commercial, impact the viability of the subspecies and it is unlikely that Mount Rainier recreational, scientific, or educational within the foreseeable future. The large white-tailed ptarmigan will adapt to the purposes; (C) Disease or predation; (D) percentage of federally managed land changing climate by moving northward The inadequacy of existing regulatory (72 percent) and land designated as because alpine areas north of their mechanisms; or (E) Other natural or wilderness means the majority of the current elevational range are expected to manmade factors affecting its continued range is not at risk of future undergo similar impacts due to climate existence. development. change. Future connectivity may be Available information indicates that completely eliminated as the gaps Status Throughout All of Its Range changing habitat conditions associated between the populations expand, We evaluated threats to Mount with future climate change, such as loss leaving the one or two extant Rainier white-tailed ptarmigan and of alpine vegetation and reduced snow populations isolated. assessed the cumulative effect of the quality and quantity (Factor A), are Thus, after assessing the best available threats under the section 4(a)(1) factors. expected to cause populations of Mount information, we determined that the The habitat-based stressors of climate Rainier white-tailed ptarmigan to Mount Rainier white-tailed ptarmigan is change, mining, grazing, browsing, the decline. Furthermore, rising likely to become in danger of extinction

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in the foreseeable future throughout all development, and recreation on Mount and the prohibitions against certain of its range. Rainer white-tailed ptarmigan appear to activities are discussed, in part, below. be limited to localized impacts on The primary purpose of the Act is the Status Throughout a Significant Portion individuals, the effects of climate conservation of endangered and of Its Range change are already evident in Mount threatened species and the ecosystems Under the Act and our implementing Rainier white-tailed ptarmigan habitat, upon which they depend. The ultimate regulations, a species may warrant and the projected future increase in goal of such conservation efforts is the listing if it is in danger of extinction or those effects throughout the range will recovery of these listed species, so that likely to become so in the foreseeable decrease the viability of the subspecies. they no longer need the protective future throughout all or a significant The best scientific and commercial measures of the Act. Subsection 4(f) of portion of its range. The court in Center data available indicate that the time the Act calls for the Service to develop for Biological Diversity v. Everson, 2020 horizon within which the Mount and implement recovery plans for the WL 437289 (D.D.C. Jan. 28, 2020, Rainier white-tailed ptarmigan will conservation of endangered and vacated the aspect of the 2014 experience the effects of climate change threatened species. The recovery Significant Portion of its Range Policy is within the foreseeable future. Even planning process involves the that provided that the Services do not though glaciers on the eastern side of identification of actions that are undertake an analysis of significant the Cascades are receding at a faster rate necessary to halt or reverse the species’ portions of a species’ range if the than the glaciers on the western side, decline by addressing the threats to its species warrants listing as threatened the rate of recession for the eastern survival and recovery. The goal of this throughout all of its range. Therefore, glaciers is still not at a speed that puts process is to restore listed species to a we proceed to evaluating whether the the subspecies currently in danger of point where they are secure, self- species is endangered in a significant extinction. In addition, the best sustaining, and functioning components portion of its range—that is, whether scientific and commercial data available of their ecosystems. there is any portion of the species’ range do not indicate that the effects of Recovery planning consists of for which both (1) the portion is climate change and the Mount Rainier preparing draft and final recovery plans, significant, and (2) the species is in white-tailed ptarmigan’s responses to beginning with the development of a danger of extinction in that portion. those effects are more immediate in any recovery outline and making it available Depending on the case, it might be more portions of the subspecies’ range. to the public within 30 days of a final efficient for us to address the Therefore, we determine that the Mount listing determination. The recovery ‘‘significance’’ question or the ‘‘status’’ Rainier white-tailed ptarmigan is not in outline guides the immediate question first. We can choose to address danger of extinction now in any portion implementation of urgent recovery either question first. Regardless of of its range, but that the subspecies is actions and describes the process to be which question we address first, if we likely to become in danger of extinction used to develop a recovery plan. reach a negative answer with respect to within the foreseeable future throughout Revisions of the plan may be done to the first question we address, we do not all of its range. This is consistent with address continuing or new threats to the need to evaluate the other question for the courts’ holdings in Desert Survivors species, as new substantive information that portion of the species’ range. v. Department of the Interior, No. 16– becomes available. The recovery plan Following the court’s holding, we cv–01165–JCS, 2018 WL 4053447 (N.D. also identifies recovery criteria to now consider whether there are any Cal. Aug. 24, 2018), and Center for review when a species may be ready for significant portions of the species’ range Biological Diversity v. Jewell, 248 F. reclassification from endangered to where the species is in danger of Supp. 3d, 946, 959 (D. Ariz. 2017). threatened (‘‘downlisting’’) or removal extinction now (i.e., endangered). In from protected status (‘‘delisting’’) and undertaking this analysis for Mount Determination of Status methods for monitoring recovery Rainier white-tailed ptarmigan, we Our review of the best available progress. Recovery plans also establish choose to address the status question scientific and commercial information a framework for agencies to coordinate first—we consider information indicates that the Mount Rainier white- their recovery efforts and provide pertaining to the geographic distribution tailed ptarmigan meets the definition of estimates of the cost of implementing of both the species and the threats that a threatened species. Therefore, we recovery tasks. Recovery teams the species faces to identify any propose to list the Mount Rainier white- (composed of species experts, Federal portions of the range where the species tailed ptarmigan as a threatened species and State agencies, nongovernmental is endangered. in accordance with sections 3(20) and organizations, and stakeholders) are The statutory difference between an 4(a)(1) of the Act. sometimes established to develop endangered species and a threatened recovery plans. When completed, the species is the time horizon in which the Available Conservation Measures recovery outline, draft recovery plan, species becomes in danger of extinction; Conservation measures provided to and the final recovery plan will be an endangered species is in danger of species listed as endangered or available on our website (http:// extinction now while a threatened threatened under the Act include www.fws.gov/endangered), or from our species is not in danger of extinction recognition, recovery actions, Washington Fish and Wildlife Office now but is likely to become so in the requirements for Federal protection, and (see FOR FURTHER INFORMATION CONTACT). foreseeable future. Thus, we considered prohibitions against certain practices. Implementing recovery actions the time horizon for the threats that are Recognition through listing results in generally requires the participation of a driving the Mount Rainier white-tailed public awareness and conservation by broad range of partners, including other ptarmigan to warrant listing as a Federal, State, Tribal, and local Federal agencies, States, Tribes, threatened species throughout all of its agencies, private organizations, and nongovernmental organizations, range. We examined the following individuals. The Act encourages businesses, and private landowners. threats: Predation, development, cooperation with the States and other Examples of recovery actions include recreation, and the effects of climate countries and calls for recovery actions habitat restoration (e.g., restoration of change, including cumulative effects. to be carried out for listed species. The native vegetation), research, captive While the effects of predation, protection required by Federal agencies propagation and reintroduction, and

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outreach and education. The recovery of lands administered by the USFS and U.S. Dist. Lexis 5432 (W.D. Wash. many listed species cannot be NPS. 2002)). Courts have also upheld 4(d) accomplished solely on Federal lands It is our policy, as published in the rules that do not address all of the because their range may occur primarily Federal Register on July 1, 1994 (59 FR threats a species faces (see State of or solely on non-Federal lands. 34272), to identify to the maximum Louisiana v. Verity, 853 F.2d 322 (5th Recovery of these species requires extent practicable at the time a species Cir. 1988)). As noted in the legislative cooperative conservation efforts on is listed, those activities that would or history when the Act was initially private, State, and Tribal lands. would not constitute a violation of enacted, ‘‘once an animal is on the If this subspecies is listed, funding for section 9 of the Act. The intent of this threatened list, the Secretary has an recovery actions will be available from policy is to increase public awareness of almost infinite number of options a variety of sources, including Federal the effect of a proposed listing on available to him with regard to the budgets, State programs, and cost-share proposed and ongoing activities within permitted activities for those species. He grants for non-Federal landowners, the the range of the species proposed for may, for example, permit taking, but not academic community, and listing. The discussion below regarding importation of such species, or he may nongovernmental organizations. In protecting regulations under section choose to forbid both taking and addition, pursuant to section 6 of the 4(d) complies with our policy. importation but allow the transportation Act, the State of Washington would be of such species’’ (H.R. Rep. No. 412, eligible for Federal funds to implement II. Proposed Rule Issued Under Section 93rd Cong., 1st Sess. 1973). management actions that promote the 4(d) of the Act Exercising this authority under protection or recovery of the Mount Background section 4(d), we have developed a Rainier white-tailed ptarmigan. proposed rule that is designed to Section 4(d) of the Act contains two Information on our grant programs that address the specific threats to and sentences. The first sentence states that are available to aid species recovery can conservation needs of Mount Rainier the ‘‘Secretary shall issue such be found at: http://www.fws.gov/grants. white-tailed ptarmigan. Although the regulations as he deems necessary and Although the Mount Rainier white- statute does not require us to make a tailed ptarmigan is only proposed for advisable to provide for the ‘‘necessary and advisable’’ finding with listing under the Act at this time, please conservation’’ of species listed as respect to the adoption of specific let us know if you are interested in threatened. The U.S. Supreme Court has prohibitions under section 9, we find participating in recovery efforts for this noted that statutory language like that this rule as a whole satisfies the subspecies. Additionally, we invite you ‘‘necessary and advisable’’ demonstrates requirement in section 4(d) of the Act to to submit any new information on this a large degree of deference to the agency issue regulations deemed necessary and subspecies whenever it becomes (see Webster v. Doe, 486 U.S. 592 advisable to provide for the available and any information you may (1988)). Conservation is defined in the conservation of Mount Rainier white- have for potential recovery planning Act to mean ‘‘the use of all methods and tailed ptarmigan. As discussed under purposes (see FOR FURTHER INFORMATION procedures which are necessary to bring Summary of Biological Status and CONTACT). any endangered species or threatened Threats, we have concluded that the Section 7(a) of the Act requires species to the point at which the Mount Rainier white-tailed ptarmigan is Federal agencies to evaluate their measures provided pursuant to [the Act] likely to become in danger of extinction actions with respect to any species that are no longer necessary.’’ Additionally, within the foreseeable future solely due is proposed or listed as an endangered the second sentence of section 4(d) of to the projected effects of climate or threatened species and with respect the Act states that the Secretary ‘‘may by change, especially increasing to its critical habitat, if any is regulation prohibit with respect to any temperatures and a loss of the designated. Regulations implementing threatened species any act prohibited conditions that support suitable alpine this interagency cooperation provision under section 9(a)(1), in the case of fish habitat. of the Act are codified at 50 CFR part or wildlife, or section 9(a)(2), in the case The proposed 4(d) rule was developed 402. Section 7(a)(4) of the Act requires of plants.’’ Thus, the combination of the considering our understanding of the Federal agencies to confer with the two sentences of section 4(d) provides Mount Rainier white-tailed ptarmigan’s Service on any action that is likely to the Secretary with wide latitude of physical and biological needs, which in jeopardize the continued existence of a discretion to select and promulgate large part relies upon information from species proposed for listing or result in appropriate regulations tailored to the other white-tailed ptarmigan subspecies. destruction or adverse modification of specific conservation needs of the Though there is some information on proposed critical habitat. If a species is threatened species. The second sentence the subspecies’ habitat, the majority of listed subsequently, section 7(a)(2) of grants particularly broad discretion to habitat and demographic information the Act requires Federal agencies to the Service when adopting the comes from other subspecies ensure that activities they authorize, prohibitions under section 9. (particularly the southern white-tailed fund, or carry out are not likely to The courts have recognized the extent ptarmigan in Colorado where there is jeopardize the continued existence of of the Secretary’s discretion under this considerable habitat connectivity and a the species or destroy or adversely standard to develop rules that are very different climate). Given the modify its critical habitat. If a Federal appropriate for the conservation of a unique aspects of the landscape and action may affect a listed species or its species. For example, courts have climate in the Cascades, significant critical habitat, the responsible Federal upheld rules developed under section uncertainty remains regarding Mount agency must enter into consultation 4(d) as a valid exercise of agency Rainier white-tailed ptarmigan’s specific with the Service. authority where they prohibited take of needs and how and to what degree Federal agency actions within the threatened wildlife, or include a limited stressors are operating in the subspecies’ species’ habitat that may require taking prohibition (see Alsea Valley habitat. For example, we do not conference or consultation or both as Alliance v. Lautenbacher, 2007 U.S. specifically understand Mount Rainier described in the preceding paragraph Dist. Lexis 60203 (D. Or. 2007); white-tailed ptarmigan’s winter habitat include management and any other Washington Environmental Council v. requirements, its winter food resources, landscape-altering activities on Federal National Marine Fisheries Service, 2002 or its reliance on snow roosting. We do

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not understand why some areas of • Take by authorized law and the persistence of the subspecies apparently suitable habitat lack enforcement officers and other wildlife will rely on the conservation of existing observational records of the subspecies. professionals in the course of their populations, so future predator control We also lack the demographic official duties that is incidental to may be authorized by the Service for the information necessary to understand to aiding or euthanizing sick, injured, or purposes of conservation of the Mount what degree the subspecies is at risk in orphaned Mount Rainier white-tailed Rainier white-tailed ptarmigan. the future from various forms of ptarmigan; disposing of dead Therefore, take of Mount Rainier white- disturbance. specimens; and salvaging a dead tailed ptarmigan associated with Considering these uncertainties and specimen that may be used for scientific predator control authorized in advance our requirement to develop a recovery study. These activities are not likely to by the Service would be not be plan for the Mount Rainier white-tailed cause adverse effects to populations and prohibited, as the benefit to the ptarmigan if the proposed listing rule is have the potential to benefit the subspecies from this activity outweighs finalized, our proposed 4(d) rule is subspecies over time. the risk to individual ptarmigan. designed to promote its conservation by • Take that is incidental to currently • Take that is incidental to lawfully facilitating the viability of current (at the time this rule becomes effective) conducted timber harvest or forest populations, scientific study of the lawfully conducted outdoor recreational management activities. White-tailed subspecies, and conservation and activities such as hiking (including ptarmigan are rarely found using restoration of its habitat. Further, our associated authorized pack animals and forested habitat types across the entire proposed 4(d) rule will allow our domestic dogs handled in compliance range of the species, and instead prefer Federal partners to continue routine with existing regulations), camping, alpine areas, open areas in subalpine operations on the landscape that are not backcountry skiing, mountain biking, parklands, and openings within likely to cause adverse effects and, in snowmobiling, climbing, and hunting subalpine forests, demonstrating a some cases, have the potential to benefit where these activities are permitted. preference for habitat with few or no the Mount Rainier white-tailed Based on available information, these trees. Forest management activities in ptarmigan over time. As we learn more types of permitted activities have the proximity to ptarmigan habitat may about the Mount Rainier white-tailed potential to disturb individual cause short-term, temporary adverse ptarmigan and its habitat, we will refine ptarmigan in localized areas effects, especially in the form of our conservation recommendations for representing a very small portion of the harassment or disturbance of individual the subspecies. The provisions of this available habitat in the subspecies’ ptarmigan using habitats adjacent to proposed 4(d) rule are one of many tools range. forested areas; however, in the long that we would use to promote the • Take that is incidental to habitat term, these activities may benefit the conservation of Mount Rainier white- restoration actions with the primary subspecies by reducing the risk of tailed ptarmigan. This proposed 4(d) purpose of conserving Mount Rainier wildfire near ptarmigan habitat. rule would apply only if and when we white-tailed ptarmigan or enhancing its • Take that is incidental to the make final the listing of Mount Rainier habitat, provided that reasonable care is maintenance of any currently existing white-tailed ptarmigan as a threatened taken to minimize such take. Activities public or private infrastructure within subspecies. associated with habitat restoration (e.g., or adjacent to Mount Rainier white- weeding, planting native forage plants, tailed ptarmigan habitat, including Provisions of the Proposed 4(d) Rule and establishing watering areas) are existing trails and supporting This proposed 4(d) rule would likely to cause only short-term, infrastructure. Most existing provide for the conservation of the temporary adverse effects, especially in development and infrastructure within Mount Rainier white-tailed ptarmigan the form of harassment or disturbance of the range of Mount Rainier white-tailed by prohibiting its take, except as individual ptarmigan. In the long term, ptarmigan, the largest of which is otherwise authorized or permitted. the risk of these effects to both associated with Mount Rainier National Mount Rainier white-tailed ptarmigan is individuals and populations is expected Park, has been in place for decades or in danger of extinction in the to be mitigated as these types of longer. The amount of land developed foreseeable future due to the projected activities will likely benefit the for existing roads, buildings, trail head effects of climate change. The subspecies by helping to preserve and facilities and parking lots, trails, prohibition of take will support the enhance the habitat of existing benches, signs, safety features, conservation of existing populations of populations over time. Reasonable care designated camping sites, developed ski the subspecies by facilitating their for habitat management may include, areas, and helicopter landing pads is a viability in the face of these projected but would not be limited to, procuring very small percentage of the subspecies’ environmental changes. Excepting the and implementing technical assistance range, and available suitable habitat is following specific take mechanisms from a qualified biologist on habitat abundant and remote. As with outdoor from this prohibition under the Act will management activities, and best efforts recreation activities, the maintenance of allow for the continued management of to minimize Mount Rainier white-tailed existing trails and infrastructure within land in the range in a manner that does ptarmigan exposure to hazards (e.g., the subspecies’ range has the potential not impact the viability of the predation, habituation to feeding, to temporarily disturb individual subspecies: entanglement, etc.). ptarmigan in localized areas. The best • Take that is incidental to facilitating • Take that is incidental to available information does not indicate human safety such as rescue and fire conducting lawful control of predators that these types of routine maintenance and other emergency response. During of Mount Rainier white-tailed would put the viability of the emergency events, the primary objective ptarmigan. Currently, predators of subspecies at risk. of the responding agency must be to Mount Rainier white-tailed ptarmigan As discussed under Summary of protect human life and property and are not managed within the range of the Biological Status and Threats (above), this objective takes precedence over subspecies, and predation is not a threat increasing temperatures (Factor E) and a considerations for minimizing adverse to the viability of the subspecies. loss of the conditions that support effects to the Mount Rainier white-tailed However, ptarmigan are threatened in suitable alpine habitat (Factor A) are ptarmigan. the foreseeable future by climate change driving the status of Mount Rainier

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white-tailed ptarmigan. However, a purposes consistent with the purposes found those physical or biological range of current and potential activities of the Act. There are also certain features could directly and indirectly impact statutory exemptions from the (a) Essential to the conservation of the Mount Rainier white-tailed ptarmigan prohibitions, which are found in species, and via direct take or loss of habitat. These sections 9 and 10 of the Act. (b) Which may require special activities may cause disturbance, harm, We recognize the special and unique management considerations or or mortality to individual ptarmigan, relationship with our State natural protection; and (2) Specific areas outside the trampling of habitat, introduction of resource agency partners in contributing geographical area occupied by the invasive species in habitat, and loss of to conservation of listed species. State species at the time it is listed, upon a habitat. These activities include but are agencies often possess scientific data determination that such areas are not limited to: Trail construction, and valuable expertise on the status and maintenance, and use; road essential for the conservation of the distribution of endangered, threatened, species. maintenance and repair; ski area and candidate species of wildlife and development and/or expansion; Our regulations at 50 CFR 424.02 plants. State agencies, because of their define the geographical area occupied helicopter landing pad development authorities and their close working and/or expansion; recreation activities by the species as an area that may relationships with local governments generally be delineated around species’ in alpine areas in summer, or subalpine and landowners, are in a unique areas in winter (e.g., hiking, occurrences, as determined by the position to assist the Services in Secretary (i.e., range). Such areas may snowmobiling, skiing, heli-skiing, cross- implementing all aspects of the Act. In country skiing, snowshoeing, climbing, include those areas used throughout all this regard, section 6 of the Act provides or part of the species’ life cycle, even if etc.); presence of dogs associated with that the Services shall cooperate to the recreation; use of pack animals in alpine not used on a regular basis (e.g., maximum extent practicable with the migratory corridors, seasonal habitats, areas; emergency response actions; and States in carrying out programs activities that may involve soil and habitats used periodically, but not authorized by the Act. Therefore, any disturbance or alter the pattern and solely by vagrant individuals). qualified employee or agent of a State depth of snow in ptarmigan winter use Conservation, as defined under conservation agency that is a party to a areas. The best available information section 3 of the Act, means to use and cooperative agreement with the Service does not indicate that any of these the use of all methods and procedures in accordance with section 6(c) of the activities, conducted in accordance with that are necessary to bring an Act, who is designated by his or her the law, put the viability of Mount endangered or threatened species to the agency for such purposes, would be able Rainier white-tailed ptarmigan at risk. point at which the measures provided to conduct activities designed to Allowing the continuation of these pursuant to the Act are no longer conserve Mount Rainier white-tailed activities while prohibiting all other necessary. Such methods and forms of take will facilitate Federal ptarmigan that may result in otherwise procedures include, but are not limited agencies in managing their land prohibited take without additional to, all activities associated with according to their priorities without authorization. scientific resources management such as unnecessary regulation while still Nothing in this proposed 4(d) rule research, census, law enforcement, supporting the conservation of the would change in any way the recovery habitat acquisition and maintenance, subspecies. planning provisions of section 4(f) of the propagation, live trapping, and Under the Act, ‘‘take’’ means to Act, the consultation requirements transplantation, and, in the harass, harm, pursue, hunt, shoot, under section 7 of the Act, or the ability extraordinary case where population wound, kill, trap, capture, or collect, or of the Service to enter into partnerships pressures within a given ecosystem to attempt to engage in any such for the management and protection of cannot be otherwise relieved, may conduct. Some of these provisions have Mount Rainier white-tailed ptarmigan. include regulated taking. been further defined in regulation at 50 However, interagency cooperation may Critical habitat receives protection CFR 17.3. Take can result knowingly or be further streamlined through planned under section 7 of the Act through the otherwise, by direct and indirect programmatic consultations for the requirement that Federal agencies impacts, intentionally or incidentally. species between Federal agencies and ensure, in consultation with the Service, Regulating incidental and intentional the Service, where appropriate. We ask that any action they authorize, fund, or take would help preserve the the public, particularly State agencies carry out is not likely to result in the subspecies’ remaining populations and and other interested stakeholders that destruction or adverse modification of encouraging habitat restoration and may be affected by the proposed 4(d) critical habitat. The designation of enhancement could help decrease the rule, to provide comments and critical habitat does not affect land negative effects from climate change, as suggestions regarding additional ownership or establish a refuge, well as the synergistic effects from other guidance and methods that the Service wilderness, reserve, preserve, or other threats to individuals of the subspecies. could provide or use, respectively, to conservation area. Designation also does We may issue permits to carry out streamline the implementation of this not allow the government or public to otherwise prohibited activities, proposed 4(d) rule (see Information access private lands, nor does including those described above, Requested). designation require implementation of involving threatened wildlife under restoration, recovery, or enhancement certain circumstances. Regulations III. Critical Habitat measures by non-Federal landowners. governing permits are codified at 50 Background Where a landowner requests Federal CFR 17.32. Regarding threatened agency funding or authorization for an wildlife, a permit may be issued for the Critical habitat is defined in section 3 action that may affect a listed species or following purposes: scientific purposes, of the Act as: critical habitat, the Federal agency to enhance propagation or survival, for (1) The specific areas within the would be required to consult with the economic hardship, for zoological geographical area occupied by the Service under section 7(a)(2) of the Act. exhibition, for educational purposes, for species, at the time it is listed in However, even if the Service were to incidental taking, or for special accordance with the Act, on which are conclude that the proposed activity

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would result in destruction or adverse features essential to the conservation of the exposure, timing, and scale at the modification of the critical habitat, the the species. individual, population, and species Federal action agency and the Section 4 of the Act requires that we levels, as called for in the SSA landowner are not required to abandon designate critical habitat on the basis of framework (USFWS 2016, entire). We the proposed activity, or to restore or the best scientific data available. analyzed the stressors that demonstrate recover the species; instead, they must Further, our Policy on Information current or potential future negative implement ‘‘reasonable and prudent Standards Under the Endangered effects to individuals, to determine alternatives’’ to avoid destruction or Species Act (published in the Federal which of those stressors operate, or are adverse modification of critical habitat. Register on July 1, 1994 (59 FR 34271)), projected to operate, at a scope and Under the first prong of the Act’s the Information Quality Act (section 515 intensity as to influence the resiliency definition of critical habitat, areas of the Treasury and General of populations and thereby the overall within the geographical area occupied Government Appropriations Act for viability of Mount Rainier white-tailed by the species at the time it was listed Fiscal Year 2001 (Pub. L. 106–554; H.R. ptarmigan. This approach is consistent are included in a critical habitat 5658)), and our associated Information with direction provided in the designation if they contain physical or Quality Guidelines, provide criteria, definition of critical habitat in section 3 biological features (1) which are establish procedures, and provide of the Act which refers to ‘‘specific areas essential to the conservation of the guidance to ensure that our decisions . . . essential to the conservation of the species and (2) which may require are based on the best scientific data species.’’ Through our viability analysis, special management considerations or available. They require our biologists, to we determined that no stressor is protection. For these areas, critical the extent consistent with the Act and currently impacting the viability of the habitat designations identify, to the with the use of the best scientific data subspecies. However, changing habitat extent known using the best scientific available, to use primary and original conditions associated with future and commercial data available, those sources of information as the basis for climate change, such as loss of alpine physical or biological features that are recommendations to designate critical vegetation and reduced snow quality essential to the conservation of the habitat. and quantity, are expected to cause species (such as space, food, cover, and Prudency Determination populations of Mount Rainier white- protected habitat). In identifying those tailed ptarmigan to decline within the physical or biological features that occur Section 4(a)(3) of the Act, as foreseeable future, threatening the in specific occupied areas, we focus on amended, and implementing regulations future condition and, in turn, the overall the specific features that are essential to (50 CFR 424.12) require that, to the viability of the subspecies. maximum extent prudent and support the life-history needs of the Mount Rainier white-tailed ptarmigan determinable, the Secretary shall species, including but not limited to, rely heavily on thermal microrefugia designate critical habitat at the time the water characteristics, soil type, created by boulders and meltwater near species is determined to be an geological features, prey, vegetation, glaciers, permanent snowfields, endangered or threatened species. Our symbiotic species, or other features. A snowbanks, and other areas of snow in regulations (50 CFR 424.12(a)(1)) state feature may be a single habitat alpine areas, to help maintain safe body that the Secretary may, but is not characteristic, or a more complex temperature in both summer and winter. required to, determine that a combination of habitat characteristics. They also rely heavily on the designation would not be prudent in the Features may include habitat availability of moist forage vegetation. characteristics that support ephemeral following circumstances: (i) The species is threatened by taking In the North Cascades, glaciers are or dynamic habitat conditions. Features or other human activity and projected to retreat between 92 percent may also be expressed in terms relating identification of critical habitat can be and 96 percent in the future. Glacier to principles of conservation biology, expected to increase the degree of such melt in many of the watersheds of the such as patch size, distribution threat to the species; eastern Cascade Range and low- distances, and connectivity. (ii) The present or threatened moderate elevation watersheds of the Under the second prong of the Act’s destruction, modification, or western Cascades has already peaked, or definition of critical habitat, we can curtailment of a species’ habitat or range will peak in the current decade. Total designate critical habitat in areas is not a threat to the species, or threats discharge in August and September outside the geographical area occupied to the species’ habitat stem solely from from snowmelt, rain, and glacial melt in by the species at the time it is listed, causes that cannot be addressed through Cascades watersheds has notably upon a determination that such areas management actions resulting from declined and is expected to continue to are essential for the conservation of the consultations under section 7(a)(2) of drop through 2080. Spring snowpack in species. When designating critical the Act; Washington has already declined habitat, the Secretary will first evaluate (iii) Areas within the jurisdiction of overall by 30 percent from 1955 to 2016, areas occupied by the species. The the United States provide no more than and is expected to further decline Secretary will only consider unoccupied negligible conservation value, if any, for midcentury from 38 to 46 percent by areas to be essential where a critical a species occurring primarily outside midcentury. The projected decreases in habitat designation limited to the jurisdiction of the United States; snowpack and glaciers and their geographical areas occupied by the (iv) No areas meet the definition of associated meltwater, as well as changes species would be inadequate to ensure critical habitat; or in snow quality, decreasing wind, and the conservation of the species. In (v) The Secretary otherwise advancing treeline and infill, is likely to addition, for an unoccupied area to be determines that designation of critical result in the loss of up to 95 percent of considered essential, the Secretary must habitat would not be prudent based on the Mount Rainier white-tailed determine that there is a reasonable the best scientific data available. ptarmigan’s currently available alpine certainty both that the area will We identified threats to Mount tundra habitat and a related loss in the contribute to the conservation of the Rainier white-tailed ptarmigan habitat availability of thermal microrefugia for species and that the area contains one by looking at the negative effects of an the subspecies. There are no or more of those physical or biological action or condition (stressor) in light of management actions resulting from

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consultations under section 7(a)(2) of National Environmental Policy Act (42 replies. We will continue to work with the Act that could address the impacts U.S.C. 4321 et seq.) Tribal entities as we develop a final rule of climate change on the habitat and for the listing of Mount Rainier white- It is our position that, outside the microrefugia that support this tailed ptarmigan. jurisdiction of the U.S. Court of Appeals subspecies (see the Service’s May 14, for the Tenth Circuit, we do not need to References Cited 2008, Director’s Memo on Expectations prepare environmental analyses for Consultations on Actions that Would pursuant to the National Environmental A complete list of references cited in Emit Greenhouse Gases, which notes this rulemaking is available on the that section 7 consultation would not be Policy Act (NEPA; 42 U.S.C. 4321 et seq.) in connection with regulations internet at http://www.regulations.gov required to address impacts of a and upon request from the Washington facility’s greenhouse gas emissions). adopted pursuant to section 4(a) of the Act. We published a notice outlining Fish and Wildlife Office (see FOR Based on the best available science, we FURTHER INFORMATION CONTACT). find that threats to Mount Rainier white- our reasons for this determination in the tailed ptarmigan habitat stem solely Federal Register on October 25, 1983 Authors from causes that cannot be addressed (48 FR 49244). This position was upheld through management actions resulting by the U.S. Court of Appeals for the The primary authors of this proposed from consultations on this subspecies Ninth Circuit (Douglas County v. rule are the staff members of the Fish under section 7(a)(2) of the Act. Babbitt, 48 F.3d 1495 (9th Cir. 1995), and Wildlife Service’s Species Therefore, in accordance with 50 CFR cert. denied 516 U.S. 1042 (1996). Assessment Team and the Washington Fish and Wildlife Office. 424.12(a)(1), we determine that Government-to-Government designation of critical habitat is not Relationship With Tribes List of Subjects in 50 CFR Part 17 prudent for Mount Rainier white-tailed ptarmigan. In accordance with the President’s Endangered and threatened species, memorandum of April 29, 1994 Exports, Imports, Reporting and Required Determinations (Government-to-Government Relations recordkeeping requirements, Clarity of the Rule with Native American Tribal Transportation. Governments; 59 FR 22951), Executive We are required by Executive Orders Order 13175 (Consultation and Proposed Regulation Promulgation 12866 and 12988 and by the Coordination with Indian Tribal Presidential Memorandum of June 1, Accordingly, we propose to amend Governments), and the Department of part 17, subchapter B of chapter I, title 1998, to write all rules in plain the Interior’s manual at 512 DM 2, we language. This means that each rule we 50 of the Code of Federal Regulations, readily acknowledge our responsibility as set forth below: publish must: to communicate meaningfully with (1) Be logically organized; (2) Use the active voice to address recognized Federal Tribes on a PART 17—ENDANGERED AND readers directly; government-to-government basis. In THREATENED WILDLIFE AND PLANTS (3) Use clear language rather than accordance with Secretarial Order 3206 jargon; of June 5, 1997 (American Indian Tribal ■ 1. The authority citation for part 17 (4) Be divided into short sections and Rights, Federal-Tribal Trust continues to read as follows: Responsibilities, and the Endangered sentences; and Authority: 16 U.S.C. 1361–1407; 1531– (5) Use lists and tables wherever Species Act), we readily acknowledge 1544; and 4201–4245, unless otherwise possible. our responsibilities to work directly noted. If you feel that we have not met these with Tribes in developing programs for requirements, send us comments by one healthy ecosystems, to acknowledge that ■ 2. Amend § 17.11(h) by adding an of the methods listed in ADDRESSES. To Tribal lands are not subject to the same entry for ‘‘Ptarmigan, Mount Rainier better help us revise the rule, your controls as Federal public lands, to white-tailed’’ to the List of Endangered comments should be as specific as remain sensitive to Indian culture, and and Threatened Wildlife in alphabetical possible. For example, you should tell to make information available to Tribes. order under Birds to read as follows: us the numbers of the sections or All potentially affected Tribes were sent paragraphs that are unclearly written, a letter highlighting our assessment of § 17.11 Endangered and threatened wildlife. which sections or sentences are too this subspecies and requesting long, the sections where you feel lists or information about the subspecies or * * * * * tables would be useful, etc. other feedback. We did not receive any (h) * * *

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

******* Birds

******* Ptarmigan, Mount Rainier white- Lagopus leucura rainierensis ... Wherever found ...... T [Federal Register citation tailed. when published as a final rule]; 50 CFR 17.41(i); 4d.

*******

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■ 3. Amend § 17.41 by adding (2) Disposing of a dead specimen; efficacy surveys, trap checks, and paragraph (i) to read as follows: (3) Salvaging a dead specimen that maintenance duties. Any predator may be used for scientific study; or control conducted for the purposes of § 17.41 Special rules—birds. (4) Possession and other acts with conservation of Mount Rainier white- * * * * * unlawfully taken specimens as provided tailed ptarmigan must be authorized in (i) Mount Rainier white-tailed in § 17.21(d)(2) for endangered wildlife. advance by the Service. ptarmigan (Lagopus leucura (C) Lawful outdoor recreation. A rainierensis). person may incidentally take Mount (F) Forest management. A person may (1) Prohibitions. The following Rainier white-tailed ptarmigan in the incidentally take Mount Rainier white- prohibitions that apply to endangered course of carrying out outdoor tailed ptarmigan in the course of wildlife also apply to Mount Rainier recreational activities, such as hiking carrying out legal and authorized forest white-tailed ptarmigan. Except as (including associated authorized pack management activities, including but provided under paragraph (i)(2) of this animals and domestic dogs handled in not limited to: Timber harvest, fire section and § 17.4, it is unlawful for any compliance with existing regulations), management, and thinning. person subject to the jurisdiction of the camping, backcountry skiing, mountain (G) Routine maintenance to existing United States to commit, to attempt to biking, snowmobiling, climbing, and trails and infrastructure. A person may commit, to solicit another to commit, or hunting, that are lawful as of incidentally take Mount Rainier white- cause to be committed, take of this [EFFECTIVE DATE OF THE FINAL tailed ptarmigan in the course of subspecies, as set forth at § 17.21(c)(1) RULE]. carrying out authorized routine for endangered wildlife. (D) Habitat restoration actions. A maintenance of currently existing trails, (2) Exceptions from prohibitions. In person may incidentally take Mount public or private infrastructure (e.g., regard to this subspecies, you may: Rainier white-tailed ptarmigan in the buildings, roads, parking lots, (i) Conduct activities as authorized by course of carrying out authorized habitat viewpoints, trails, and camp sites) and a permit under § 17.32. restoration consistent with the supporting infrastructure (e.g., benches, (ii) Take, as set forth at § 17.21(c)(2) conservation needs of Mount Rainier signs, safety features) within or adjacent through (5) for endangered wildlife. white-tailed ptarmigan. Habitat to Mount Rainier white-tailed ptarmigan (iii) Take, as set forth at § 17.31(b). restoration and enhancement activities habitat. (iv) Take incidental to an otherwise for the conservation of Mount Rainier lawful activity in accordance with these white-tailed ptarmigan may include (H) Reporting and disposal provisions: activities consistent with formal requirements. Any injury or mortality of (A) Human safety and emergency approved conservation plans or Mount Rainier white-tailed ptarmigan response. A person may incidentally strategies, such as Federal or State plans associated with the actions excepted take Mount Rainier white-tailed and documents that include ptarmigan under paragraphs (i)(2)(iv)(A) through ptarmigan in the course of carrying out conservation prescriptions or (C) of this section must be reported to official emergency response activities compliance, which the Service has the Service and authorized State related to human safety and the determined would be consistent with wildlife officials within 72 hours, and protection of natural resources. this rule. specimens may be disposed of only in (B) Law enforcement and on-the-job (E) Predator control. A person may accordance with directions from the wildlife professionals. When acting in incidentally take Mount Rainier white- Service. Reports should be made to the the course of their official duties, State tailed ptarmigan in the course of Service’s Office of Law Enforcement; and local law enforcement officers and carrying out predator control for the contact info for that office is located at other wildlife professionals, working in purpose of Mount Rainier white-tailed 50 CFR 10.22. conjunction with authorized wildlife ptarmigan conservation if reasonable biologists and wildlife rehabilitators in care is practiced to minimize effects to Martha Williams, the State of Washington, may take Mount Rainier white-tailed ptarmigan. Principal Deputy Director, Exercising the Mount Rainier white-tailed ptarmigan Predator control activities may include Delegated Authority of the Director, U.S. Fish for the following purposes: the use of fencing, trapping, shooting, and Wildlife Service. (1) Aiding or euthanizing sick, and toxicants to control predators, and [FR Doc. 2021–12460 Filed 6–14–21; 8:45 am] injured, or orphaned ptarmigan; related activities such as performing BILLING CODE 4333–15–P

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Notices Federal Register Vol. 86, No. 113

Tuesday, June 15, 2021

This section of the FEDERAL REGISTER OMB No: 0412–0520. DEPARTMENT OF AGRICULTURE contains documents other than rules or Form: AID 1420–17. proposed rules that are applicable to the Agricultural Marketing Service public. Notices of hearings and investigations, Title: Contractor Employee committee meetings, agency decisions and Biographical Data Sheet corresponding [Doc. No. AMS–FGIS–20–0067] rulings, delegations of authority, filing of to AIDAR 752.7001. petitions and applications and agency United States Standards for Split Peas statements of organization and functions are Type of Review: Reinstatement, AGENCY: Agricultural Marketing Service, examples of documents appearing in this without change, for a previously section. approved collection for which approval USDA. has expired. ACTION: Notice of final action. The affected public who will be asked SUMMARY: AGENCY FOR INTERNATIONAL This action is being taken DEVELOPMENT or required to respond are Offerors under the authority of the Agricultural responding to contract solicitations and Marketing Act of 1946, as amended 30-Day Notice of Public Information contractors. An estimate of the total (AMA). The United States Department Collections number of respondents and the amount of Agriculture’s (USDA) Agricultural of time estimated for an average Marketing Service (AMS) is revising the AGENCY: Agency for International respondent to respond is: USAID method of interpretation for the Development. estimates that 4,877 respondents will determination of whole peas in the Pea ACTION: Notice of public information submit 33,249 submissions per year. and Lentil Inspection Handbook collections. The amount of time estimated to pertaining to the class ‘‘Split Peas,’’ in complete each response varies by item. the U.S. Standards for Split Peas. SUMMARY: The U.S. Agency for Stakeholders in the pea processing/ International Development (USAID) An estimate of the total public burden (in hours) associated with the handling industry requested that AMS seeks Office of Management and Budget amend the interpretation of ‘‘whole collections is 43,943. (OMB) approval for the information peas’’ in the Split Pea inspection collection described below. In An estimate of the total public burden instructions by increasing the percent accordance with the Paperwork (in cost) associated with the collection tolerance for the factor whole peas. Reduction Act of 1995, USAID requests is $4,054,200. Note that while the DATES: Applicability date: June 15, 2021. public comment on this collection from burden for these information collections all interested individuals and FOR FURTHER INFORMATION CONTACT: falls on the public, most of the Loren Almond, USDA AMS; Telephone: organizations. This proposed submissions are reimbursable either information collection was published in (816) 702–3925; Email: directly or indirectly under Agency [email protected]. the Federal Register on March 5, 2021 contracts, the cost for most of these at 86 FR 12901, allowing for a 60-day SUPPLEMENTARY INFORMATION: Under the collections falls under the federal cost authority of the AMA (7 U.S.C. 1621– public comment period. The purpose of burden. Thus, the estimated total public this notice is to allow an additional 30 1627), as amended, AMS establishes cost burden not reimbursed through days for public comment. Comments are and maintains a variety of quality and Agency contracts is $57,570.24. requested concerning whether the grade standards for agricultural proposed collection of information is Discussion of Comment: One commodities that serve as a necessary for the proper performance of comment was received regarding the fundamental starting point to define functions of the agency, including the Federal Register Notice published in commodity quality in the domestic and practical utility of the information; the the Federal Register on March 5, 2021 global marketplace. accuracy of USAID’s estimate of the at 86 FR 12901. The commenter Standards developed under the AMA burden of the proposed collection of recommended increasing the form block include those for rice, whole dry peas, information; ways to enhance the size. He also pointed out that the time split peas, feed peas, lentils, and beans. quality, utility, and clarity of the needed to complete the form on the The U.S. Standards for whole dry peas, information to be collected; and ways to form itself doesn’t match the time split peas, feed peas, lentils and beans minimize the burden of the collection of provided on the agency’s supporting no longer appear in the Code of Federal Regulations but are now maintained by information on respondents. statement. USAID considered the public USDA–AMS–Federal Grain Inspection DATES: Submit comments on or before comment and determined that the Service (AMS–FGIS). The U.S. July 15, 2021. response box size on the form is Standards for split peas are voluntary ADDRESSES: Interested persons are adequate. USAID did not find any and widely used in private contracts, invited to submit comments regarding inconsistencies on the Bio-data form. No government procurement, marketing the proposed information collection to changes to the form were made as a communication, and for some the Office of Information and Regulatory result of the public comment. commodities, consumer information. Affairs of OMB, Attention: Desk Officer Mark A. Walther, The split pea standards facilitate pea for USAID. marketing and define U.S. pea quality in Senior Procurement Executive. FOR FURTHER INFORMATION CONTACT: the domestic and global marketplace. Jacqueline Taylor, at (202) 916–2628 or [FR Doc. 2021–12558 Filed 6–14–21; 8:45 am] The standards define commonly used via email at [email protected]. BILLING CODE P industry terms; contain basic principles SUPPLEMENTARY INFORMATION: governing the application of standards

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such as the type of sample used for a proposed revision. AMS received no and maintains a variety of quality and particular quality analysis; explain the comments opposing the proposed grade standards for agricultural basis of determination; and specify revision. AMS received three comments commodities that serve as a grades and grade requirements. Official that were not germane to the issue. AMS fundamental starting point to define procedures for determining grading believes this revision will facilitate commodity quality in the domestic and factors are provided in the Pea and marketing of split peas and better reflect global marketplace. Lentil Inspection Handbook. Together, current marketing practices. The Standards developed under the AMA the grading standards and testing revision becomes effective upon include those for rice, whole dry peas, procedures allow buyers and sellers to publication in the Federal Register, and split peas, feed peas, lentils, and beans. communicate quality requirements, the Pea and Lentil Inspection Handbook The U.S. Standards for whole dry peas, compare pea quality using equivalent will be revised to incorporate the split peas, feed peas, lentils and beans forms of measurement, and assist in revision to the standards. no longer appear in the Code of Federal price discovery. Regulations but are now maintained by AMS engages in outreach with Final Action USDA–AMS-Federal Grain Inspection stakeholders to ensure commodity AMS–FGIS is revising split pea Service (AMS–FGIS). The U.S. standards maintain relevance to the inspection criteria in the Pea and Lentil Standards for lentils are voluntary and modern market. Pea industry Inspection Handbook by increasing the widely used in private contracts, stakeholders include the USA Dry Pea percent needed for a split pea to be government procurement, marketing and Lentil Council (USADPLC), a considered a whole pea from 55 percent communication, and for some national organization of producers, or more to 60 percent or more. commodities, consumer information. processors, and exporters of U.S. dry Therefore, a ‘‘whole pea’’ is any pea The lentil standards facilitate lentil peas, lentils, and chickpeas; the U.S. which is 60 percent or more of a whole marketing and define U.S. lentil quality Pea and Lentil Trade Association pea. in the domestic and global marketplace. The standards define commonly used (USPLTA), a national association Authority: 7 U.S.C. 1621–1627. representing processors, traders, industry terms; contain basic principles handlers and merchandisers, and Erin Morris, governing the application of standards, transporters in the pea, lentil and Associate Administrator, Agricultural such as the type of sample used for a chickpea industry; and, other handlers Marketing Service. particular quality analysis; explain the and merchandisers. [FR Doc. 2021–12569 Filed 6–14–21; 8:45 am] basis of determination; and specify The United States Standards for Split BILLING CODE P grades and grade requirements. Official Peas and the official inspection procedures for determining grading procedures for Split Peas in the Pea and factors are provided in the Pea and Lentil Handbook are available on the DEPARTMENT OF AGRICULTURE Lentil Inspection Handbook. Together, AMS public website. The United States the grading standards and testing Standards for Peas were last revised in Agricultural Marketing Service procedures allow buyers and sellers to 2009. A ‘‘whole pea’’ is defined as ‘‘any [Doc. No. AMS–FGIS–20–0066] communicate quality requirements, pea which is 55 percent or more of a compare lentil quality using equivalent whole pea.’’ Industry stakeholders told United States Standards for Lentils forms of measurement, and assist in AMS it is difficult to meet split pea price discovery. AGENCY: Agricultural Marketing Service, contract specifications due to the strict AMS engages in outreach with Agriculture (USDA). standards required to achieve a ‘‘split stakeholders to ensure commodity pea’’ based on the current tolerance of ACTION: Notice of final action. standards maintain relevance to the modern market. Lentil industry a ‘‘whole pea.’’ Stakeholders asked AMS SUMMARY: This action is being taken stakeholders include the USA Dry Pea to revise the tolerance for whole pea in under the authority of the Agricultural and Lentil Council (USADPLC), a the class Split Peas. Marketing Act of 1946, as amended, national organization of producers, (AMA). The United States Department Revision of Split Pea Tolerances for processors, and exporters of U.S. dry of Agriculture’s (USDA) Agricultural Whole Peas peas, lentils, and chickpeas; the U.S. Marketing Service (AMS) is revising the Pea and Lentil Trade Association Stakeholders recommended AMS method of interpretation for the (USPLTA), a national association revise the Pea and Lentil Inspection determination of the special grade Handbook tolerance for whole peas. representing processors, traders, ‘‘Green’’ in the Pea and Lentil handlers and merchandisers, and AMS and stakeholders worked Inspection Handbook pertaining to the collaboratively to redefine the transporters in the pea, lentil and class ‘‘Lentils,’’ in the U.S. Standards for chickpea industry; and, other handlers tolerances for whole peas in Split Peas. Lentils. Stakeholders in the lentil Additionally, these changes were and merchandisers. processing/handling industry requested The United States Standards for recommended to AMS by the that AMS amend the interpretation of stakeholder organizations identified Lentils and the official inspection the special grade ‘‘Green’’ in the Lentil procedures for lentils in the Pea and above to facilitate the current marketing inspection instructions by redefining practices. Lentil Handbook are available on the the definition and including criteria for AMS public website. The United States Comment Review the inclusion of mottled lentils. Standards for Lentils were last revised AMS published a Notice in the DATES: Applicability date: June 15, 2021. in 2017 with the establishment of a new Federal Register on September 29, 2020 FOR FURTHER INFORMATION CONTACT: grading factor ‘‘wrinkled lentils,’’ and (85 FR 60955), inviting interested Loren Almond, USDA AMS; Telephone: the new special grade of ‘‘Green’’ in parties to comment on the proposed (816) 702–3925; Email: lentils. With the current criteria, it is revision to the whole pea determination [email protected]. difficult to meet specifications due to for Split Peas. AMS received four SUPPLEMENTARY INFORMATION: Under the the strict standards required to achieve comments in response to the notice. authority of the AMA (7 U.S.C. 1621– the special grade ‘‘Green’’ in lentils. One comment strongly supported the 1627), as amended, AMS establishes During meetings and discussions, lentil

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stakeholders communicated the need to requirements, is amended to include the wireless lines, and the Commission will revise the Standards and the Pea and following definition: Green Lentils. not refund any incurred charges. Lentil Inspection Handbook by changing Clear seeded (green) lentils possessing a Individuals who are deaf, deafblind and the definition of Green Lentils and the natural, uniformly green color. hard of hearing may also follow the criteria to include a percentage of AMS–FGIS is revising lentil proceedings by first calling the Federal allowable mottled lentils in the lentil inspection criteria in the Pea and Lentil Relay Service at 1–800–877–8339 and sample. Inspection Handbook by including the providing the Service with conference following instruction pertaining to Revision of Special Grade ‘‘Green details found through registering at the Lentils’’ special grade ‘‘Green’’: The portion size web link above. To request other of approximately 60 grams for small accommodations, please email Stakeholders, including the seeded lentils and 125 grams for large [email protected] at least 7 days USADPLC, recommended AMS revise seeded lentils must contain less than 0.5 prior to the meeting for which the lentil criteria for the special grade percent lentils with mottling and be free accommodations are requested. ‘‘Green’’ in the class ‘‘Lentils.’’ of any lentils of contrasting color, before Members of the public are entitled to Stakeholders stated most shipments of the removal of defects, and must be make comments during the open period lentils did not achieve the special grade equal to or better than depicted on the at the end of the meeting. Members of ‘‘Green’’ based on current criteria. AMS Interpretive Line Print after the removal the public may also submit written and stakeholders worked collaboratively of dockage. comments; the comments must be to redefine the special grade ‘‘Green’’ in Authority: 7 U.S.C. 1621–1627. received in the Regional Programs Unit lentils to best reflect the special grade within 30 days following the meeting. condition. Additionally, stakeholders Erin Morris, Written comments may be emailed to endorsed the following definition: Associate Administrator, Agricultural Mallory Trachtenberg at ‘‘Green Lentils. Clear seeded (green) Marketing Service. [email protected]. Persons who lentils possessing a natural, uniformly [FR Doc. 2021–12564 Filed 6–14–21; 8:45 am] desire additional information may green color.’’ The proposed inspection BILLING CODE P contact the Regional Programs Unit at instruction in the Pea and Lentil (202) 809–9618. Records and documents Handbook is being modified from what discussed during the meeting will be appeared in the notice and request for COMMISSION ON CIVIL RIGHTS available for public viewing as they comments, for greater clarity, to state: become available at ‘‘The portion size of approximately 60 Agenda and Notice of Public Meeting www.facadatabase.gov. Persons grams for small seeded lentils and 125 of the South Dakota Advisory interested in the work of this advisory grams for large seeded lentils must Committee committee are advised to go to the contain less than 0.5 percent lentils Commission’s website, www.usccr.gov, AGENCY: Commission on Civil Rights. with mottling and be free of any lentils or to contact the Regional Programs Unit of contrasting color, before the removal ACTION: Announcement of public at the above phone number or email of defects, and must be equal to or better meeting. address. than depicted on the Interpretive Line Print after the removal of dockage.’’ SUMMARY: Notice is hereby given, Agenda pursuant to the provisions of the rules Comment Review and regulations of the U.S. Commission Wednesday, July 21, 2021 at 3:00 p.m. (CT) AMS published a Notice in the on Civil Rights (Commission), and the Federal Register on September 29, 2020 Federal Advisory Committee Act I. Welcome and Roll Call (85 FR 60956), inviting interested (FACA), that the South Dakota State II. Announcements and Updates parties to comment on the proposed Advisory Committee to the Commission III. Approval of Minutes revisions to the United States Standards will convene a meeting on July 21, 2021 IV. Project Planning for Lentils. AMS received one comment at 3:00 p.m. (CT). The purpose of the V. Public Comment meeting is for project planning to VI. Next Steps strongly supporting the proposed VII. Adjournment revision. AMS received no comments discuss next steps related to its report opposing the proposed revision. AMS on Maternal Mortality and Health Dated: June 10, 2021. believes that these revisions will Disparities of American Indian Women David Mussatt, facilitate the marketing of lentils and in South Dakota. Supervisory Chief, Regional Programs Unit. better reflect current marketing DATES: Wednesday, July 21, 2021 at 3:00 [FR Doc. 2021–12544 Filed 6–14–21; 8:45 am] practices. Accordingly, AMS is p.m. (CT). BILLING CODE P implementing the revisions as proposed. Public Web Conference Registration The revisions to the standards become Link (video and audio): https://bit.ly/ effective upon publication in the 3eoX6To; password, if needed: DEPARTMENT OF COMMERCE Federal Register, and the Pea and Lentil USCCR Inspection Handbook will be revised to If Joining by Phone Only, Dial: 1–800– Foreign-Trade Zones Board incorporate the revisions to the 360–9505; access code: 199 390 2377 [B–45–2021] standards. FOR FURTHER INFORMATION CONTACT: Final Action Mallory Trachtenberg at Foreign-Trade Zone (FTZ) 281—Miami- Dade County, Florida; Notification of AMS–FGIS is revising the lentil [email protected] or by phone at (202) 809–9618. Proposed Production Activity; Intel standards to revise the definition for the Corporation (Kitting, Assembly and SUPPLEMENTARY INFORMATION: special grade ‘‘Green’’ in lentils. The Packaging of Computer Electronics), Accordingly, the following section of meeting is available to the public Miami, Florida the United States Standards for Lentils through the web link above. If joining under the AMA is amended as follows: only via phone, callers can expect to ModusLink Corporation, a proposed Section 609: Special grades and incur charges for calls they initiate over operator within FTZ 281, in Miami,

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Florida, submitted a notification of duties under Section 301 of the Trade DEPARTMENT OF COMMERCE proposed production activity to the FTZ Act of 1974 (Section 301), depending on Board on behalf of Intel Corporation the country of origin. The applicable International Trade Administration (Intel). The notification conforming to Section 301 decisions require subject the requirements of the regulations of merchandise to be admitted to FTZs in [C–570–971] the FTZ Board (15 CFR 400.22) was privileged foreign status. Multilayered Wood Flooring From the received on June 2, 2021. Public comment is invited from The applicant indicates that a People’s Republic of China: Partial interested parties. Submissions shall be separate application will be submitted Rescission of Countervailing Duty addressed to the Board’s Executive for FTZ designation at the proposed Administrative Review; 2019 Secretary and sent to: [email protected]. The facility under FTZ 281. The facility will closing period for their receipt is July AGENCY: Enforcement and Compliance, be used for the kitting, assembly and 26, 2021. International Trade Administration, packaging of computer electronics. Department of Commerce. Pursuant to 15 CFR 400.14(b), FTZ A copy of the notification will be activity would be limited to the specific available for public inspection in the SUMMARY: The Department of Commerce foreign-status materials and components ‘‘Reading Room’’ section of the Board’s (Commerce) is partially rescinding the and specific finished products described website, which is accessible via administrative review of the in the submitted notification (as www.trade.gov/ftz. countervailing duty order on multilayered wood flooring (wood described below) and subsequently For further information, contact Diane authorized by the FTZ Board. flooring) from the People’s Republic of Finver at [email protected] or China (China) for the period of review Production under FTZ procedures (202) 482–1367. could exempt Intel from customs duty (POR) January 1, 2019, through payments on the foreign-status Dated: June 9, 2021. December 31, 2019. components used in export production. Andrew McGilvray, DATES: Applicable June 15, 2021. On its domestic sales, for the foreign- Executive Secretary. FOR FURTHER INFORMATION CONTACT: status materials/components noted [FR Doc. 2021–12538 Filed 6–14–21; 8:45 am] Dennis McClure or Suzanne Lam, AD/ below, Intel would be able to choose the BILLING CODE 3510–DS–P CVD Operations, Office VIII, duty rates during customs entry Enforcement and Compliance, procedures that apply to CPU/ International Trade Administration, microprocessors, hard disk drives, DEPARTMENT OF COMMERCE U.S. Department of Commerce, 1401 memory, flash memory with solid state Constitution Avenue NW, Washington, storage, fan heatsinks, memory boards, Foreign-Trade Zones Board DC 20230; telephone: (202) 482–5973 or unhoused solid-state drives (SSDs), and (202) 482–0783, respectively. housed SSDs (duty-free). Intel would be [B–9–2021] SUPPLEMENTARY INFORMATION: able to avoid duty on foreign-status components which become scrap/waste. Foreign-Trade Zone (FTZ) 18—San Background Customs duties also could possibly be Jose, California; Authorization of On December 2, 2020, Commerce deferred or reduced on foreign-status Production Activity, Enovix published a notice of opportunity to production equipment. Corporation, (Lithium Ion Metal request an administrative review of the The components and materials Batteries), Fremont, California countervailing duty order on wood sourced from abroad include: Articles of flooring from China.1 Pursuant to plastic (labels, labels with light On February 10, 2021, Enovix requests from interested parties, on reflecting surface, seals, tape, mylar Corporation (Enovix) submitted a February 4, 2021, Commerce published labels, wraps, cases, clamshells, shells, notification of proposed production bags, bottles, molded clamshells, the initiation of an administrative activity to the FTZ Board for its facility molded trays, covers, cushions); articles review with respect to 170 companies, within FTZ 18, in Fremont, California. of foam (boards, cushions, inserts, in accordance with section 751(a) of the pads); articles of acrylic (bases, lids, The notification was processed in Tariff Act of 1930, as amended (the accordance with the regulations of the Act).2 Subsequent to the initiation of the trays); paper labels; corrugated 3 paperboard; paper packing containers; FTZ Board (15 CFR part 400), including administrative review, the petitioner self-adhesive labels; paper inserts; paper notice in the Federal Register inviting timely withdrew its request for an sleeves; printed paper instruction public comment (86 FR 10532, February administrative review of 88 companies, guides; printed marketing material; 22, 2021). On June 10, 2021, the as discussed below. No other party had printed warranty cards; paper wrap; applicant was notified of the FTZ requested a review of these 88 textile bags; flash memory with solid Board’s conditional decision that no companies. There are active review state storage; hard disk drives; housed further review of the activity is SSDs; fan heatsinks; memory board dual warranted at this time. The production 1 See Antidumping or Countervailing Duty Order, activity described in the notification Finding, or Suspended Investigation; Opportunity in-line memory module (DIMMs); to Request Administrative Review, 85 FR 77431 memory board single in-line memory was authorized, subject to the FTZ Act (December 2, 2020). module (SIMMs); unhoused SSDs; and the Board’s regulations, including 2 See Initiation of Antidumping and CPUs/microprocessors; and, memory Section 400.14, and further subject to a Countervailing Duty Administrative Reviews, 86 FR (duty rate ranges from duty-free to five-year time limit (ending June 10, 8166 (February 4, 2021) (Initiation Notice); see also Initiation of Antidumping and Countervailing Duty 8.4%). The request indicates that textile 2026). Administrative Reviews, 86 FR 8166 (March 4, bags will be admitted to the zone in Dated: June 10, 2021. 2021) (Amended Initiation Notice), in which privileged foreign status (19 CFR Commerce also initiated review of Metropolitan 146.41), thereby precluding inverted Andrew McGilvray, Hardwood Floors, Inc. after it had been Executive Secretary. inadvertently omitted from the February 4, 2021, tariff benefits on such items. The Initiation Notice. [FR Doc. 2021–12559 Filed 6–14–21; 8:45 am] request also indicates that certain 3 The petitioner is American Manufacturers of materials/components are subject to BILLING CODE 3510–DS–P Multilayered Wood Flooring.

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requests on the record for the remaining 777(i)(l) of the Act, and 19 CFR Products Co., Ltd. 82 companies. 351.213(d)(4). 52. PT. Tanjung Kreasi Parquet Industry 53. Qingdao Barry Flooring Co., Ltd. Partial Rescission of Administrative Dated: June 10, 2021. 54. Qingdao Wisdom International Review James Maeder, 55. Samling Riverside Co., Ltd. 56. Shandong Kaiyuan Wood Industry Co., Pursuant to 19 CFR 351.213(d)(1), Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Ltd. Commerce will rescind an 57. Shandong Longteng Wood Co., Ltd. administrative review, in whole or in Appendix 58. Shandong Puli Trading Co., Ltd. part, if the party that requested a review 59. Shanghai Anxin (Weiguang) Timber Co., Companies Rescinded From Review withdraws its request within 90 days of Ltd. the date of publication of the notice of 1. A&W (Shanghai) Woods Co., Ltd. 60. Shanghai Demeija Timber Co., Ltd. 2. Anhui Suzhou Dongda Wood Co., Ltd. 61. Shanghai Eswell Timber Co., Ltd. initiation. All requests for an 3. Baishan Huafeng Wooden Product Co., administrative review were withdrawn 62. Shanghai Lairunde Wood Co., Ltd. Ltd. 63. Shanghai Lizhong Wood Products Co., by the established deadline, May 5, 4. Baiying Furniture Manufacturer Co., Ltd. Ltd. (a/k/a The Lizhong Wood Industry 2021, for the companies listed in the 5. Changbai Mountain Development And Limited Company of Shanghai) Appendix.4 As a result, Commerce is Protection Zone Hongtu Wood Industrial 64. Shanghai New Sihe Wood Co., Ltd. rescinding this review with respect to Co., Ltd. 65. Shanghai Shenlin Corporation these companies, in accordance with 19 6. Cheng Hang Wood Co., Ltd. 66. Shenyang Haobainian Wooden Co., Ltd. CFR 351.213(d)(1). The administrative 7. Chinafloors Timber (China) Co., Ltd. 67. Shenyang Sende Wood Co., Ltd. review will continue with respect to the 8. Dalian Dajen Wood Co., Ltd. 68. Shenzhenshi Huanwei Woods Co., Ltd. 9. Dalian Deerfu Wooden Product Co., Ltd. remaining 82 companies listed in our 69. Suifenhe Chengfeng Trading Co., Ltd. 10. Dalian Huade Wood Product Co., Ltd. 70. Sunyoung Wooden Products Initiation Notice and Amended 11. Dalian Jinda Wood Products Corporation 71. Suzhou Anxin Weiguang Timber Co., Ltd. 5 Initiation Notice. 12. Dalian Jiuyuan Wood Industry Co., Ltd. 72. Tak Wah Building Material (Suzhou) Co. Assessment 13. Dalian Meisen Woodworking 73. The Greenville Flooring Co., Ltd. 14. Dalian Xinjinghua Wood Co., Ltd. 74. Topocean Consolidation Service Commerce will instruct U.S. Customs 15. Dongtai Zhangshi Wood Industry Co. Ltd. 75. Vicwood Industry (Suzhou) Co. Ltd. and Border Protection (CBP) to assess 16. Dunhua City Wanrong Wood Industry 76. Xuzhou Antop International Trade Co., countervailing duties on all appropriate Co., Ltd. Ltd. entries. For the companies for which 17. Fu Lik Timber (HK) Co., Ltd. 77. Yixing Lion-King Timber Industry this review is rescinded, countervailing 18. Fujian Wuyishan Werner Green Industry 78. Zhejiang Anji Xinfeng Bamboo And duties shall be assessed at rates equal to Co., Ltd. Wood Industry Co., Ltd. 19. Furnco International Shanghai Company 79. Zhejiang Biyork Wood Co., Ltd. the cash deposit of estimated 20. Gaotang Weilong Industry and Trade 80. Zhejiang Dadongwu Auto Elect Motor countervailing duties required at the 21. Gold Seagull Shanghai Flooring 81. Zhejiang Desheng Wood Industry Co., time of entry, or withdrawal from 22. GTP International Ltd. Ltd. warehouse for consumption, in 23. Guangdong Fu Lin Timber Technology 82. Zhejiang Fudeli Timber Industry Co., Ltd. accordance with 19 CFR 351.212(c)(l)(i). Limited 83. Zhejiang Fuma Warm Technology Co., Commerce intends to issue assessment 24. Guangzhou Panyu Kangda Board Co., Ltd. Ltd. instructions to CBP no earlier than 35 25. Guangzhou Panyu Southern Star Co., Ltd. 84. Zhejiang Haoyun Wooden Co., Ltd. days after the date of publication of this 26. HaiLin XinCheng Wooden Products, Ltd. 85. Zhejiang Jesonwood Co., Ltd. 27. Hangzhou Dazhuang Floor Co., Ltd. (DBA 86. Zhejiang Jiaye Flooring rescission notice in the Federal Dasso Industrial Group Co., Ltd.) 87. Zhejiang Tianzhen Bamboo & Wood Register. 28. Hangzhou Huahi Wood Industry Co., Ltd. Development Co., Ltd. Notification Regarding Administrative 29. Henan Xingwangjia Technology Co., Ltd. 88. Zhejiang Yongyu Bamboo Joint-Stock Co., Protective Orders 30. Hong Kong Easoon Wood Technology Ltd. Co., Ltd. [FR Doc. 2021–12561 Filed 6–14–21; 8:45 am] This notice also serves as a reminder 31. Huaxin Jiasheng Wood Co., Ltd. to parties subject to administrative 32. Huber Engineering Wood Corp. BILLING CODE 3510–DS–P protective order (APO) of their 33. Huzhou City Nanxun Guangda Wood Co., Ltd. responsibility concerning the return or DEPARTMENT OF COMMERCE destruction of proprietary information 34. Huzhou Daruo Import And Export 35. Huzhou Fuma Wood Co., Ltd. disclosed under APO in accordance 36. Huzhou Laike Import and Export Co. International Trade Administration with 19 CFR 351.305, which continues 37. Huzhou Muyun Wood Co., Ltd. [A–570–040] to govern business proprietary 38. Innomaster Home (Zhongshan) Co., Ltd. information in this segment of the 39. Jesonwood Forest Products ZJ Truck and Bus Tires From the People’s proceeding. Timely written notification 40. Jiafeng Wood (Suzhou) Co., Ltd. Republic of China: Rescission of of the return or destruction of APO 41. Jiangsu Kentier Wood Co., Ltd. 42. Jiashan Fengyun Timber Co., Ltd. Antidumping Duty Administrative materials or conversion to judicial Review; 2020–2021 protective order is hereby requested. 43. Jilin Forest Industry Jinqiao Flooring Group Co., Ltd. AGENCY: Failure to comply with the regulations 44. Kunming Alston (AST) Wood Products Enforcement and Compliance, and terms of an APO is a violation Co., Ltd. International Trade Administration, which is subject to sanction. 45. Liaoning Daheng Timber Group Department of Commerce. 46. Linyi Bonn Flooring Manufacturing Co., SUMMARY: Notification to Interested Parties The Department of Commerce Ltd. (Commerce) is rescinding the This notice is issued and published in 47. Max Choice Wood Industry administrative review of the accordance with sections 751(a)(1) and 48. Mudanjiang Bosen Wood Industry Co., antidumping duty order on truck and Ltd. 49. Nakahiro Jyou Sei Furniture (Dalian) Co., bus tires from the People’s Republic of 4 See Petitioner’s Letter, ‘‘Partial Withdrawal of China (China) covering the period of Request for Administrative Review,’’ dated May 5, Ltd. 2021. 50. Nanjing Minglin Wooden Industry Co., review (POR) February 1, 2020, through 5 See Initiation Notice, 86 FR at 8173; and Ltd. January 31, 2021, based on the timely Amended Initiation Notice, 86 FR at 12610. 51. Ningbo Tianyi Bamboo and Wood withdrawal of the requests for review.

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DATES: Applicable June 15, 2021. administrative review of the Notification to Interested Parties FOR FURTHER INFORMATION CONTACT: antidumping duty order. This notice is issued and published in Allison Hollander, AD/CVD Operations, Rescission of Administrative Review accordance with sections 751(a)(1) and Office I, Enforcement and Compliance, 777(i)(1) of the Act, and 19 CFR International Trade Administration, Pursuant to 19 CFR 351.213(d)(1), 351.213(d)(4). U.S. Department of Commerce, 1401 Commerce will rescind an Dated: June 4, 2021. Constitution Avenue NW, Washington, administrative review, in whole or in DC 20230; telephone: (202) 482–2805. part, if a party that requested a review James Maeder, Deputy Assistant Secretary for Antidumping SUPPLEMENTARY INFORMATION: withdraws the request within 90 days of the date of publication of notice of and Countervailing Duty Operations. Background initiation of the requested review. All [FR Doc. 2021–12533 Filed 6–14–21; 8:45 am] On February 2, 2021, Commerce parties withdrew their request for BILLING CODE 3510–DS–P published a notice of opportunity to review within 90 days of the publication date of the Initiation Notice. No other request an administrative review of the DEPARTMENT OF COMMERCE antidumping duty order on truck and parties requested an administrative review of the antidumping duty order. bus tires from China for the period International Trade Administration February 1, 2020, through January 31, Therefore, in accordance with 19 CFR 2021.1 In February 2021, various 351.213(d)(1), we are rescinding the Solar Photovoltaic (PV) Panel Value producers and exporters timely administrative review of the Chain Industry Roundtable requested an administrative review of antidumping order on truck and bus the antidumping duty order with tires from China for the period February AGENCY: International Trade respect to truck and bus tires from 1, 2020, through January 31, 2021, in its Administration, Department of China.2 entirety. Commerce. ACTION: Notice of a roundtable On April 1, 2021, pursuant to section Assessment 751(a) of the Tariff Act of 1930, as discussion on challenges and amended (the Act), and 19 CFR Commerce will instruct CBP to assess opportunities for strengthening the U.S. 351.221(c)(1)(i), we published in the antidumping duties on all appropriate solar supply chain for photovoltaic (PV) Federal Register a notice of initiation of entries of truck and bus tires from China panel manufacturing. an administrative review of the during the POR at rates equal to the cash SUMMARY: Through this notice, the antidumping duty order on truck and deposit rate of estimated antidumping International Trade Administration bus tires from China with respect to Giti duties required at the time of entry, or (ITA) of the Department of Commerce Tire Global Trading Pte. Ltd.; Guangrao withdrawal from warehouse, for announces a roundtable discussion with Kaichi Trading Co., Ltd.; Shandong consumption, in accordance with 19 industry representatives and U.S. Huasheng Rubber Co., Ltd.; Giti Tire CFR 351.212(c)(1)(i). Commerce intends government officials. ITA invites (Fujian) Company Ltd.; and Giti Tire to issue appropriate assessment applications from industry (Anhui) Company Ltd.3 In April and instructions to CBP no earlier than 35 days after the date of publication of this representatives to participate in the May 2021, the respondents timely roundtable from existing manufacturers withdrew their requests for an notice in the Federal Register. 4 and prospective new market entrants, administrative review. Commerce Notification to Importers with products that are or will be received no other requests for an This notice serves as a final reminder produced in the United States in one or more of the following segments: Solar- 1 See Antidumping or Countervailing Duty Order, to importers of their responsibility Finding, or Suspended Investigation; Opportunity under 19 CFR 351.402(f)(2) to file a grade polysilicon, silicon ingots, silicon to Request Administrative Review, 86 FR 7855 certificate regarding the reimbursement wafers, solar cells, and solar modules. (February 2, 2021). of antidumping duties prior to DATES: 2 See Giti Tire (Fujian) Company Ltd. and Giti Event: The roundtable will be held on Tire (Anhui) Company Ltd.’s Letter, ‘‘Truck and liquidation of the relevant entries Bus Tires from the People’s Republic of China: during this review period. Failure to June 29, 2021 from 1:00 p.m. to 4:00 Request for Administrative Review,’’ dated comply with this requirement could p.m., Eastern Daylight Time. February 26, 2021; and Guangrao Kaichi Trading result in Commerce’s presumption that Event Registration: ITA will evaluate Co., Ltd. and Shandong Huasheng Rubber Co., registrations based on the submitted Ltd.’s Letter, ‘‘Truck and Bus Tires from the reimbursement of antidumping duties People’s Republic of China—Request for Review,’’ occurred and the subsequent assessment information (see below) and inform dated February 26, 2021. of doubled antidumping duties. applicants of selection decisions, which 3 See Initiation of Antidumping and will be made on a rolling basis until 25 Countervailing Duty Administrative Reviews, 86 FR Notification Regarding Administrative participants have been selected. 17124 (April 1, 2021) (Initiation Notice). Giti Tire Protective Order ADDRESSES (Fujian) Company Ltd. and Giti Tire (Anhui) : Company Ltd. were inadvertently omitted from the This notice also serves as a reminder Event: The roundtable will be held via Initiation Notice published on April 1, 2021. These to parties subject to administrative WebEx and the link for the meeting will omissions were corrected in the May 5, 2021, be provided to registered participants. notice, Initiation of Antidumping and protective order (APO) of their Countervailing Duty Administrative Reviews, 86 FR responsibility concerning the FOR FURTHER INFORMATION CONTACT: Cora 23925 (May 5, 2021). disposition of proprietary information Dickson, Senior International Trade 4 See Giti Tire (Fujian) Company Ltd., Giti Tire disclosed under APO in accordance Specialist, ITA, at Cora.Dickson@ (Anhui) Company Ltd., Giti Tire Global Trading Pte. trade.gov or (202) 482–6083 Ltd., and Giti Tire (USA) Ltd.’s Letter, ‘‘Truck and with 19 CFR 351.305(a)(3). Timely Bus Tires from the People’s Republic of China: written notification of the return or SUPPLEMENTARY INFORMATION: The Withdrawal of Request for Administrative Review,’’ destruction of APO materials or International Energy Agency (IEA) dated April 16, 2021; and Guangrao Kaichi Trading conversion to judicial protective order is forecasts that the world will add at least Co., Ltd. and Shandong Huasheng Rubber Co., Ltd.’s Letter, ‘‘Truck and Bus Tires from the hereby requested. Failure to comply 145 gigawatts (GW) of solar capacity this People’s Republic of China—Withdrawal of Request with the regulations and the terms of an year and 162 GW in 2022. The United for Review,’’ dated May 3, 2021. APO is a sanctionable violation. States ranks second in the world for

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overall solar generation capacity and its • Name of company and brief material injury to an industry in the solar deployment continues to grow company description. United States, Commerce is publishing exponentially, with around 20 GW • A statement self-certifying how the a notice of continuation of the AD and added in 2020. Despite this large company meets each of the following CVD orders. domestic demand for solar, U.S. criteria: DATES: Applicable June 15, 2021. manufacturers have experienced 1. It is not majority owned by a competitive challenges, and the United foreign government entity (or entities). FOR FURTHER INFORMATION CONTACT: States has thus become more reliant on 2. It is an existing manufacturer or Marc Castillo or Margaret Collins, AD/ imports including for PV components prospective new market entrant, with CVD Operations Office VI, Enforcement such as solar cells. products that are or will be produced in and Compliance, International Trade The Department seeks individual the United States in one or more of the Administration, U.S. Department of input and views at the June 29, 2021 following segments: Solar-grade Commerce, 1401 Constitution Avenue roundtable regarding the U.S. solar PV polysilicon, silicon ingots, silicon NW, Washington, DC 20230; telephone: panel (module) value chain, including wafers, solar cells, and solar modules. (202) 482–0519 or (202) 482–6250, the following topics: 3. The representative will be able to respectively. • The current state of upstream attend the entire roundtable. SUPPLEMENTARY INFORMATION: manufacturing for solar PV in the Selection will be based on the United States, including solar cells, following criteria: Background • silicon wafers, polysilicon, and other Suitability of the company’s On December 29, 2004, Commerce key materials and components of PV existing products in the solar PV value published in the Federal Register the modules; chain. AD orders on CVP–23 from India and • The potential contribution of U.S. • Suitability of the company’s China, and the CVD order on CVP–23 solar panel manufacturing towards the experience in manufacturing in the from India.1 On October 1, 2020, Biden Administration’s overarching United States. Commerce initiated, and the ITC clean energy goals as set out in the • Suitability of the representative’s instituted, five-year (sunset) reviews of Executive Order ‘‘Tackling the Climate position and biography to be able to the Orders pursuant to section 751(c) of Crisis at Home and Abroad;’’ engage in the conversation. the Tariff Act of 1930, as amended (the • Best practices and policy proposals • Ability of the company to Act).2 On February 5, 2021, and to incentivize further investment in a contribute to the roundtable’s purpose February 9, 2021, Commerce published responsible solar panel manufacturing of seeking individual input and views in the Federal Register the results of its supply chain in the United States; and on the United States solar PV value • third expedited sunset reviews of the How to ensure that future federal chain, including whether the company procurement of solar energy will Orders on CVP–23 from India and may have conflicting interests or that its 3 maximize the deployment of solar China. As a result of its reviews, selection could hinder the effectiveness Commerce determined that revocation panels made in the United States. of the roundtable. The event is closed to press and of the Orders would likely lead to a public. Industry participation is limited Dated: June 9, 2021. continuation or recurrence of dumping to 25 qualifying industry Man Cho, and of countervailable subsidies and, representatives. Officials from the Deputy Director, Office of Energy and therefore, notified the ITC of the Department of Energy, Department of Environmental Industries. magnitude of the margins of dumping State, and other relevant agencies will [FR Doc. 2021–12555 Filed 6–14–21; 8:45 am] and subsidy rates likely to prevail 4 also be invited to participate in the BILLING CODE 3510–DR–P should the Orders be revoked. discussion. On June 1, 2021, the ITC published its determination, pursuant to section Selection DEPARTMENT OF COMMERCE 751(c) of the Act, that revocation of the To attend, participants should submit Orders would likely lead to a the below information to Cora.Dickson@ International Trade Administration continuation or recurrence of material trade.gov by no later than June 22, 2021. [A–533–838, A–570–892, C–533–839] injury to an industry in the United ITA will evaluate registrations based on the submitted information (and based Carbazole Violet Pigment 23 From 1 See Notice of Amended Final Determination of on the criteria below) on a rolling basis India and the People’s Republic of Sales at Less Than Fair Value and Antidumping until 25 participants have been selected China: Continuation of Antidumping Duty Order: Carbazole Violet Pigment 23 from India, 69 FR 77988 (December 29, 2004); and and inform applicants of selection and Countervailing Duty Orders Antidumping Duty Order: Carbazole Violet Pigment decisions. 23 from the People’s Republic of China, 69 FR Applicants are encouraged to send AGENCY: Enforcement and Compliance, 77987 (December 29, 2004); and Notice of representatives at a sufficiently senior International Trade Administration, Countervailing Duty Order: Carbazole Violet Department of Commerce. Pigment 23 from India, 69 FR 77995 (December 29, level to be knowledgeable about their 2004) (collectively, the Orders). SUMMARY: company’s capabilities, interests and As a result of the 2 See Initiation of Five-Year (‘‘Sunset’’) Reviews, challenges in the U.S. solar PV value determinations by the Department of 85 FR 61928 (October 1, 2020); and Carbazole chain. Due to time constraints, there is Commerce (Commerce) and the Violet Pigment 23 From China and India; Institution a limit of one person to speak on behalf International Trade Commission (ITC) of Five-Year Reviews, 85 FR 61977 (October 1, that revocation of the antidumping duty 2020). of each company. However, each 3 See Carbazole Violet Pigment 23 from India and selected participant may invite one (AD) orders on carbazole violet pigment the People’s Republic of China: Final Results of additional person from their company 23 (CVP–23) from India and the People’s Expedited Third Sunset Review of the Antidumping as an observer. Republic of China (China) and the Duty Orders, 86 FR 8340 (February 5, 2021); and Registrations should include the countervailing duty (CVD) order on Carbazole Violet Pigment 23 From India: Final Results of the Expedited Third Five-Year Sunset following information in their CVP–23 from India would likely lead to Review of the Countervailing Duty Order, 86 FR registration email: continuation or recurrence of dumping, 8764 (February 9, 2021). • Name of attendee and short bio. net countervailable subsidies, and 4 Id.

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States within a reasonably foreseeable information disclosed under APO in matters as the NOAA Administrator time.5 accordance with 19 CFR 351.305(a)(3). requests. Failure to comply is a violation of the Scope of the Orders OEAB members represent government APO which may be subject to sanctions. agencies, the private sector, academic The merchandise subject to the institutions, and not-for-profit Orders is CVP–23, identified as Color Notification to Interested Parties institutions involved in all facets of Index Number 51319 and Chemical These five-year (sunset) reviews and ocean exploration from advanced Abstract Number 6358–30–1, with the this notice are in accordance with technology to citizen exploration. chemical name of diindolo [3,2-b:′2′- section 751(c) and (d)(2) of the Act and m] 6 triphenodioxazine, 8,18-dicholor-5, published pursuant to section 777(i)(1) In addition to advising NOAA 15-diethyl-5, 15-dihydro-, and of the Act and 19 CFR 351.218(f)(4). leadership, NOAA expects the OEAB to help to define and develop a national molecular formula of C34H22Cl2N4O2. Dated: June 9, 2021. The subject merchandise includes the program of ocean exploration—a Christian Marsh, crude pigment in any form (e.g., dry network of stakeholders and powder, paste, wet cake) and finished Acting Assistant Secretary for Enforcement partnerships advancing national and Compliance. pigment in the form of presscake and priorities for ocean exploration. dry color. Pigment dispersions in any [FR Doc. 2021–12532 Filed 6–14–21; 8:45 am] BILLING CODE 3510–DS–P Matters To Be Considered: The OEAB form (e.g., pigment dispersed in will conduct a self-assessment of its past oleoresins, flammable solvents, water) advice to NOAA Administrators and are not included within the scope of the DEPARTMENT OF COMMERCE consider how its advice can be most Orders. The merchandise subject to the useful, given current needs, to Orders is classifiable under subheading National Oceanic and Atmospheric understand the deep ocean, the state of 3204.17.90.40 of the Harmonized Tariff Administration technology, current climate priorities, Schedule of the United States (HTSUS). and other factors. The agenda and other Although the HTSUS subheadings are Ocean Exploration Advisory Board meeting materials will be made provided for convenience and customs (OEAB); Meeting available on the OEAB website at purposes, our written description of the https://oeab.noaa.gov/. scope of the Orders is dispositive. AGENCY: Office of Ocean Exploration and Research (OER), National Oceanic Status: The meeting will be open to Continuation of the Orders and Atmospheric Administration the public with a 15-minute public As a result of the determinations by (NOAA), Department of Commerce comment period on Wednesday, June Commerce and the ITC that revocation (DOC). 30, 2021, from 3:00 p.m. to 3:15 p.m. of the Orders would likely lead to a ACTION: Notice of public meeting. EDT (please check the final agenda on continuation or recurrence of dumping the OEAB website to confirm the time). and net countervailable subsidies, as SUMMARY: This notice sets forth the The public may listen to the meeting well as material injury to an industry in schedule and proposed agenda for a and provide comments during the the United States, pursuant to section meeting of the Ocean Exploration public comment period via 751(d)(2) of the Act, Commerce hereby Advisory Board (OEAB). OEAB teleconference. Participation orders the continuation of the Orders. members will discuss and provide information will be on the meeting U.S. Customs and Border Protection will advice on Federal ocean exploration agenda on the OEAB website. programs, with a particular emphasis on continue to collect AD and CVD cash The OEAB expects that public the topics identified in the section on deposits at the rates in effect at the time statements at its meetings will not be Matters to Be Considered. of entry for all imports of subject repetitive of previously submitted merchandise. DATES: The announced meeting is verbal or written statements. In general, The effective date of the continuation scheduled for Wednesday, June 30, 2021 each individual or group making a of the Orders will be the date of from 1:00 p.m. to 5:00 p.m. EDT. verbal presentation will be limited to publication in the Federal Register of ADDRESSES: This will be a virtual three minutes. The Designated Federal this notice of continuation. Pursuant to meeting. Information about how to Officer must receive written comments section 751(c)(2) of the Act and 19 CFR participate will be posted to the OEAB by June 25, 2021, to provide sufficient 351.218(c)(2), Commerce intends to website at https://oeab.noaa.gov/. time for OEAB review. Written initiate the next five-year reviews of the FOR FURTHER INFORMATION CONTACT: Mr. comments received after June 25, 2021, Orders not later than 30 days prior to David McKinnie, Designated Federal will be distributed to the OEAB but may the fifth anniversary of the effective date Officer, Ocean Exploration Advisory not be reviewed prior to the meeting of continuation. Board, National Oceanic and date. Administrative Protective Order (APO) Atmospheric Administration, Special Accomodations: Requests for [email protected] or (206) 526– This notice also serves as the only sign language interpretation or other 6950. reminder to parties subject to APO of auxiliary aids should be directed to the their responsibility concerning the SUPPLEMENTARY INFORMATION: NOAA Designated Federal Officer by June 25, return, destruction, or conversion to established the OEAB under the Federal 2021. judicial protective order of proprietary Advisory Committee Act (FACA) and legislation that gives the agency Dated: May 27, 2021. Eric Locklear, 5 See Carbazole Violet Pigment 23 from China statutory authority to operate an ocean and India, 86 FR 30331 (June 7, 2021); see also exploration program and to coordinate a Acting Chief Financial Officer/Chief ITC’s Letter, dated June 1, 2021. national program of ocean exploration. Administration Officer, Office of Oceanic and 6 The bracketed section of the product The OEAB advises NOAA leadership on Atmospheric Research, National Oceanic and description, [3,2-b:3′,2′-m], is not business Atmospheric Administration. proprietary information. In this case, the brackets strategic planning, exploration [FR Doc. 2021–12540 Filed 6–14–21; 8:45 am] are simply part of the chemical nomenclature. See priorities, competitive ocean the Orders. exploration grant programs, and other BILLING CODE 3510–KA–P

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DEPARTMENT OF COMMERCE Instructions: Comments sent by any Monitoring Area, including information other method, to any other address or from vessel monitoring system (VMS) National Oceanic and Atmospheric individual, or received after July 15, vessel track and set report data, IBQ Administration 2021, may not be considered by NMFS. System data, electronic monitoring data, [RTID 0648–XB148] All information received generally will and other data streams; compile a be posted for public viewing on report; and may take any further action Atlantic Highly Migratory Species; www.regulations.gov without change. if needed. Atlantic Bluefin Tuna Fisheries; All personal identifying information Since April 2, 2020, no pelagic Pelagic Longline Fishery Management; (e.g., name, address), confidential longline sets have occurred within the Rule Reconsideration business information, or otherwise boundaries of the Spring Gulf of Mexico sensitive information submitted Monitoring Area. NMFS continues to AGENCY: National Marine Fisheries voluntarily by the sender will be monitor any fishing activity and Service (NMFS), National Oceanic and publicly accessible. NMFS will accept incidental catch occurring during the Atmospheric Administration (NOAA), anonymous comments (enter ‘‘N/A’’ in evaluation period. Details on bluefin Commerce. the required fields if you wish to remain tuna catch data are available and ACTION: Notice of public webinars; anonymous). updated periodically on the web page request for information. NMFS will hold two public webinars. for information related to the Gear Restricted Area-Weak Hook final rule at SUMMARY: NMFS published a final rule Webinar details will be posted to the https://www.fisheries.noaa.gov/action/ on April 2, 2020, that, among other web page for information related to the pelagic-longline-bluefin-tuna-area- things, established the Spring Gulf of Gear Restricted Area-Weak Hook final based-and-weak-hook-management- Mexico Monitoring Area in an area rule at https://www.fisheries.noaa.gov/ measures. previously closed to pelagic longline action/pelagic-longline-bluefin-tuna- fishing in April and May annually. This area-based-and-weak-hook- Reconsideration Process Monitoring Area is open to pelagic management-measures. At the beginning of the conference call, the The JES that accompanied the 2021 longline fishing to collect fishery- Appropriations Act included text on dependent data during a 3-year moderator will explain how the conference call will be conducted and ‘‘Western Atlantic Bluefin Tuna’’ evaluation period. The rule also directing NMFS to reconsider the established a threshold amount of how and when attendees can provide comments. decision in the Gear Restricted Area- bluefin tuna incidental catch in the Weak Hook final rule to open the Spring pelagic longline fishery in the area that, FOR FURTHER INFORMATION CONTACT: Gulf of Mexico Monitoring Area to if reached, would close the area to Craig Cockrell at craig.cockrell@ pelagic longline fishing or to take pelagic longline fishing. Subsequently, noaa.gov or 301–427–8503. additional monitoring action. The the Congressional Joint Explanatory SUPPLEMENTARY INFORMATION: Appropriations Act and JES language Statement (JES) that accompanied the Background can be found at https:// 2021 Appropriations Act included text www.govinfo.gov/content/pkg/CREC- on ‘‘Western Atlantic Bluefin Tuna’’ On April 2, 2020, NMFS published a 2020-12-21/pdf/CREC-2020-12-21- directing NMFS to reconsider the final rule in the Federal Register (85 FR house-bk3.pdf. NMFS developed a plan decision in the final rule to open the 18812) that adjusted regulatory for the reconsideration of the Spring Spring Gulf of Mexico Monitoring Area measures put in place to reduce Gulf of Mexico Monitoring Area, which to pelagic longline fishing or to take incidental catch of bluefin tuna in the is available on the web page for additional monitoring action. This pelagic longline fishery for Atlantic information related to the Gear notice announces NMFS’s request for highly migratory species (HMS). Restricted Area-Weak Hook final rule at public input and two public webinars to Specifically, the final measures https://www.fisheries.noaa.gov/action/ gather information regarding the Spring converted the Spring Gulf of Mexico pelagic-longline-bluefin-tuna-area- Gulf of Mexico Monitoring Area that Gear Restricted Area to the ‘‘Spring Gulf based-and-weak-hook-management- may not have been considered in the of Mexico Monitoring Area’’ and measures. The plan, which NMFS final rule. established a 3-year (2020–2022) reviewed with the Atlantic HMS DATES: Comments and information evaluation period. During this period, Advisory Panel on May 18, 2021, related to the reconsideration of the NMFS would evaluate whether gear provides the public an opportunity to Spring Gulf of Mexico Monitoring Area restrictions in this area during the submit information that may not have must be received on or before July 15, months of April and May were still been considered in the final rule. Once 2021. NMFS will hold two public needed in tandem with other measures public input and information received webinars on June 23, 2021, from 10 a.m. to appropriately manage incidental are assessed, the agency’s conclusions to 12 p.m., and on June 30, 2021, from catch of bluefin tuna in the pelagic will be communicated via appropriate 2 p.m. to 4 p.m. For webinar registration longline fishery. During the evaluation mechanisms. information, see the ADDRESSES section period, the area remains open to pelagic of this document. longline fishing provided the amount of Request for Information ADDRESSES: You may submit comments Individual Bluefin Quota (IBQ) NMFS will consider public input and on this document, identified by NOAA– allocation used to account for bluefin information provided through this NMFS–2018–0035, by electronic catch (landings and dead discards) stays process. Comments and information submission. Submit all electronic public below a specified threshold for the area. may be submitted via comments via the Federal e-Rulemaking The threshold for the Spring Gulf of www.regulations.gov and at the public Portal. Go to https:// Mexico Monitoring Area is 63,150 webinar. NMFS requests information be www.regulations.gov and enter ‘‘NOAA– pounds (28.6 metric tons) for each year submitted by July 15, 2021. NMFS–2018–0035’’ in the Search box. of the evaluation period. If the threshold NMFS will hold two public webinars Click on the ‘‘Comment’’ icon, complete is reached, the area closes. After the 3- on June 23, 2021, from 10 a.m. to 12 the required fields, and enter or attach year evaluation period, NMFS will p.m., and on June 30, 2021, from 2 p.m. your comments. review data collected from the to 4 p.m. Registration information for

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the webinars can be found on the web construction activities at Naval Station feeding, or sheltering (Level B page for information related to the Gear Norfolk in Norfolk, Virginia. harassment). Restricted Area-Weak Hook final rule at DATES: Applicable from June 8, 2021 to Summary of Request https://www.fisheries.noaa.gov/action/ June 6, 2026. pelagic-longline-bluefin-tuna-area- ADDRESSES: The LOA and supporting On May 6, 2021, we issued a final rule based-and-weak-hook-management- documentation are available online at: upon request from the Navy for measures. Requests for sign language https://www.fisheries.noaa.gov/action/ authorization to take marine mammals interpretation or other auxiliary aids incidental-take-authorization-us-navy- incidental to construction activities (86 should be directed to Craig Cockrell at construction-naval-station-norfolk- FR 24340). The Navy plans to conduct [email protected] or 301–427– norfolk-virginia. In case of problems construction activities including marine 8503, at least 7 days prior to the accessing these documents, please call structure maintenance, pile meeting. the contact listed below (see FOR replacement, and select waterfront The public is reminded that NMFS FURTHER INFORMATION CONTACT). improvements at Naval Station Norfolk. expects participants at the public FOR FURTHER INFORMATION CONTACT: This construction will include use of webinars to conduct themselves Leah Davis, Office of Protected vibratory pile driving and removal, and appropriately. At the beginning of each Resources, NMFS, (301) 427–8401. impact pile driving. The use of both the webinar, the moderator will explain vibratory and impact pile driving is SUPPLEMENTARY INFORMATION: how the webinar will be conducted and expected to produce underwater sound how and when participants can provide Background at levels that have the potential to result comments. NMFS will structure the Sections 101(a)(5)(A) and (D) of the in behavioral harassment of marine webinars so that all members of the MMPA (16 U.S.C. 1361 et seq.) direct mammals. public will be able to comment, if they the Secretary of Commerce to allow, Authorization so choose, regardless of the upon request, the incidental, but not controversial nature of the subject. intentional, taking of small numbers of We have issued a LOA to Navy Participants are expected to respect the marine mammals by U.S. citizens who authorizing the take of marine mammals ground rules, and those that do not may engage in a specified activity (other than incidental to construction activities, as be asked to leave the webinar. commercial fishing) within a specified described above. Take of marine Dated: June 10, 2021. geographical region if certain findings mammals will be minimized through Jennifer M. Wallace, are made and either regulations are the implementation of the following Acting Director, Office of Sustainable issued or, if the taking is limited to planned mitigation measures: (1) Fisheries, National Marine Fisheries Service. harassment, a notice of a proposed Required monitoring of the construction [FR Doc. 2021–12560 Filed 6–14–21; 8:45 am] authorization is provided to the public area to detect the presence of marine mammals before beginning construction BILLING CODE 3510–22–P for review. An authorization for incidental activities; (2) shutdown of construction takings shall be granted if NMFS finds activities under certain circumstances to DEPARTMENT OF COMMERCE that the taking will have a negligible avoid injury of marine mammals; and impact on the species or stock(s), will (3) soft start for impact pile driving to National Oceanic and Atmospheric not have an unmitigable adverse impact allow marine mammals the opportunity Administration on the availability of the species or to leave the area prior to beginning stock(s) for subsistence uses (where impact pile driving at full power. [RTID 0648–XB094] relevant), and if the permissible Additionally, the rule includes an methods of taking and requirements adaptive management component that Takes of Marine Mammals Incidental to pertaining to the mitigation, monitoring allows for timely modification of Specified Activities; Taking Marine and reporting of such takings are set mitigation or monitoring measures Mammals Incidental to U.S. Navy forth. NMFS has defined ‘‘negligible based on new information, when Construction at Naval Station Norfolk impact’’ in 50 CFR 216.103 as an impact appropriate. The Navy will submit in Norfolk, Virginia resulting from the specified activity that reports as required. cannot be reasonably expected to, and is Based on these findings and the AGENCY: National Marine Fisheries not reasonably likely to, adversely affect information discussed in the preamble Service (NMFS), National Oceanic and the species or stock through effects on to the final rule, the activities described Atmospheric Administration (NOAA), annual rates of recruitment or survival. under this LOA will have a negligible Commerce. Except with respect to certain impact on marine mammal stocks and ACTION: Notice of issuance of letter of activities not pertinent here, the MMPA will not have an unmitigable adverse authorization. defines ‘‘harassment’’ as: Any act of impact on the availability of the affected pursuit, torment, or annoyance which (i) marine mammal stock for subsistence SUMMARY: In accordance with the has the potential to injure a marine uses. Marine Mammal Protection Act mammal or marine mammal stock in the (MMPA), as amended, and wild (Level A harassment); or (ii) has Dated: June 8, 2021. implementing regulations, notification the potential to disturb a marine Catherine Marzin, is hereby given that a Letter of mammal or marine mammal stock in the Acting Director, Office of Protected Resources, Authorization (LOA) has been issued to wild by causing disruption of behavioral National Marine Fisheries Service. the U.S. Navy (Navy) for the take of patterns, including, but not limited to, [FR Doc. 2021–12547 Filed 6–14–21; 8:45 am] marine mammals incidental to migration, breathing, nursing, breeding, BILLING CODE 3510–22–P

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DEPARTMENT OF EDUCATION (4) how might the Department enhance DEPARTMENT OF ENERGY the quality, utility, and clarity of the [Docket No.: ED–2021–SCC–0051] information to be collected; and (5) how Federal Energy Regulatory Commission Agency Information Collection might the Department minimize the Activities; Submission to the Office of burden of this collection on the [Docket No. CP21–452–000] Management and Budget for Review respondents, including through the use and Approval; Comment Request; of information technology. Please note Notice of Request Under Blanket Expanding Opportunity Through that written comments received in Authorization and Establishing Quality Charter Schools Program: response to this notice will be Intervention and Protest Deadline; Technical Assistance To Support considered public records. Northern Natural Gas Company Monitoring, Evaluation, Data Title of Collection: Expanding Take notice that on May 27, 2021, Collection, and Dissemination of Best Opportunity through Quality Charter Northern Natural Gas Company Practices Schools Program: Technical Assistance (Northern), 1111 South 103rd Street, AGENCY: Office of Elementary and to Support Monitoring, Evaluation, Data Omaha, NE 68124, filed in the above Secondary Education (OESE), Collection, and Dissemination of Best referenced docket a prior notice Department of Education (ED). Practices. pursuant to Sections 157.205 and 157.213(b) of the Federal Energy ACTION: Notice. OMB Control Number: 1855–0016. Regulatory Commission’s regulations SUMMARY: In accordance with the Type of Review: An extension without under the Natural Gas Act, seeking Paperwork Reduction Act of 1995, ED is change of a currently approved authorization to convert the existing proposing an extension without change collection. McCleary No. 5 observation well in the of a currently approved collection. Respondents/Affected Public: State, Redfield Storage Field in Dallas County, DATES: Interested persons are invited to Local, and Tribal Governments. Iowa into a withdrawal well. The submit comments on or before July 15, proposed facilities include a new well Total Estimated Number of Annual 2021. building containing various surface Responses: 342. ADDRESSES: Written comments and facilities to allow the connection of the recommendations for proposed Total Estimated Number of Annual McCleary No. 5 well to existing pipeline information collection requests should Burden Hours: 537. laterals, two 3-inch-diameter gas pipeline laterals (1,230 and 1,280 feet in be sent within 30 days of publication of Abstract: This request is for an length) and 955 feet of 3-inch-diameter this notice to www.reginfo.gov/public/ extension of OMB approval to collect do/PRAMain. Find this information water line. The new well building data for the Expanding Opportunity would contain various flow control, collection request by selecting through Quality Charter Schools ‘‘Department of Education’’ under measurement, and communications Program: Technical Assistance to equipment. The gas pipeline laterals, ‘‘Currently Under Review,’’ then check Support Monitoring, Evaluation, Data ‘‘Only Show ICR for Public Comment’’ and water line would connect to Collection, and Dissemination of Best existing gas and water lines within the checkbox. Comments may also be sent Practices formerly titled Charter Schools to [email protected]. Redfield storage complex. The project is Program (CSP) Grant Awards Database. designed to improve Northern’s ability FOR FURTHER INFORMATION CONTACT: For This current data collection is being to recover storage gas from the Mount specific questions related to collection coordinated with the EDFacts Initiative Simon and Saint Peter reservoirs in the activities, please contact Nicoisa Jones, to reduce respondent burden and fully southeastern section of the field as these 202–453–6695. utilize data submitted by States and reservoirs are currently not being SUPPLEMENTARY INFORMATION: The available to the U.S. Department of effectively drained by the existing array Department of Education (ED), in Education (ED). Specifically, under the of withdrawal wells. Northern proposes accordance with the Paperwork current data collection, ED collects CSP to install these facilities under Reduction Act of 1995 (PRA) (44 U.S.C. grant award information from grantees authorities granted by its blanket 3506(c)(2)(A)), provides the general (State agencies, charter management certificate issued in Docket No. CP82– public and Federal agencies with an organizations, and some schools) to 401–000.1 The estimated cost to convert opportunity to comment on proposed, create a new database of current CSP- the McCleary No. 5 well is revised, and continuing collections of approximately $1.3 million all as more information. This helps the Department funded charter schools. Together, these data allow ED to monitor CSP grant fully set forth in the request which is on assess the impact of its information file with the Commission and open to collection requirements and minimize performance and analyze data related to accountability for academic purposes, public inspection. the public’s reporting burden. It also In addition to publishing the full text financial integrity, and program helps the public understand the of this document in the Federal Department’s information collection effectiveness. Register, the Commission provides all requirements and provide the requested Dated: June 9, 2021. interested persons an opportunity to data in the desired format. ED is Juliana Pearson, view and/or print the contents of this soliciting comments on the proposed document via the internet through the information collection request (ICR) that PRA Coordinator, Strategic Collections and Clearance, Governance and Strategy Division, Commission’s Home Page (http:// is described below. The Department of Office of Chief Data Office, Office of Planning, ferc.gov) using the ‘‘eLibrary’’ link. Education is especially interested in Evaluation and Policy Development. Enter the docket number excluding the public comment addressing the [FR Doc. 2021–12470 Filed 6–14–21; 8:45 am] last three digits in the docket number following issues: (1) Is this collection BILLING CODE 4000–01–P field to access the document. At this necessary to the proper functions of the time, the Commission has suspended Department; (2) will this information be processed and used in a timely manner; 1 Northern Natural Gas Company, 20 FERC (3) is the estimate of burden accurate; ¶ 62,410 (1982).

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access to the Commission’s Public Interventions How To File Protests, Interventions, and Reference Room, due to the Comments proclamation declaring a National Any person has the option to file a motion to intervene in this proceeding. There are two ways to submit Emergency concerning the Novel protests, motions to intervene, and Only intervenors have the right to Coronavirus Disease (COVID–19), issued comments. In both instances, please request rehearing of Commission orders by the President on March 13, 2020. For reference the Project docket number issued in this proceeding and to assistance, contact the Federal Energy CP21–452–000 in your submission. Regulatory Commission at subsequently challenge the (1) You may file your protest, motion [email protected] or call Commission’s orders in the U.S. Circuit to intervene, and comments by using the toll-free, (886) 208–3676 or TYY, (202) Courts of Appeal. Commission’s eFiling feature, which is 502–8659. To intervene, you must submit a located on the Commission’s website Any questions concerning this motion to intervene to the Commission (www.ferc.gov) under the link to application should be directed to in accordance with Rule 214 of the Documents and Filings. New eFiling Michael T. Loeffler, Senior Director, Commission’s Rules of Practice and users must first create an account by Certificates and External Affairs, Procedure 5 and the regulations under clicking on ‘‘eRegister.’’ You will be Northern Natural Gas Company, 1111 the NGA 6 by the intervention deadline asked to select the type of filing you are South 103rd Street, Omaha, NE 68124, for the project, which is August 9, 2021. making; first select General’’ and then phone: 402–398–7077, email: As described further in Rule 214, your select ‘‘Protest’’, ‘‘Intervention’’, or [email protected]. motion to intervene must state, to the ‘‘Comment on a Filing’’; or 7 extent known, your position regarding (2) You can file a paper copy of your Public Participation the proceeding, as well as your interest submission by mailing it to the address below.8 Your submission must reference There are three ways to become in the proceeding. For an individual, this could include your status as a the Project docket number CP21–452– involved in the Commission’s review of 000. this project: You can file a protest to the landowner, ratepayer, resident of an Kimberly D. Bose, Secretary, Federal project, you can file a motion to impacted community, or recreationist. Energy Regulatory Commission, 888 intervene in the proceeding, and you You do not need to have property directly impacted by the project in order First Street NE, Washington, DC can file comments on the project. There 20426 is no fee or cost for filing protests, to intervene. For more information The Commission encourages motions to intervene, or comments. The about motions to intervene, refer to the electronic filing of submissions (option deadline for filing protests, motions to FERC website at https://www.ferc.gov/ 1 above) and has eFiling staff available intervene, and comments is 5:00 p.m. resources/guides/how-to/intervene.asp. to assist you at (202) 502–8258 or Eastern Time on August 9, 2021. How All timely, unopposed motions to [email protected]. to file protests, motions to intervene, intervene are automatically granted by Protests and motions to intervene and comments is explained below. operation of Rule 214(c)(1). Motions to must be served on the applicant either Protests intervene that are filed after the by mail or email (with a link to the intervention deadline are untimely and document) at: Michael T. Loeffler, Pursuant to section 157.205 of the may be denied. Any late-filed motion to Senior Director, Certificates and Commission’s regulations under the intervene must show good cause for External Affairs, Northern Natural Gas NGA,2 any person 3 or the Commission’s being late and must explain why the Company, 1111 South 103rd Street, staff may file a protest to the request. If time limitation should be waived and Omaha, NE 68124 or mike.loeffler@ no protest is filed within the time provide justification by reference to nngco.com. Any subsequent allowed or if a protest is filed and then factors set forth in Rule 214(d) of the submissions by an intervenor must be withdrawn within 30 days after the Commission’s Rules and Regulations. A served on the applicant and all other allowed time for filing a protest, the person obtaining party status will be parties to the proceeding. Contact proposed activity shall be deemed to be placed on the service list maintained by information for parties can be authorized effective the day after the the Secretary of the Commission and downloaded from the service list at the time allowed for protest. If a protest is will receive copies (paper or electronic) eService link on FERC Online. filed and not withdrawn within 30 days of all documents filed by the applicant Tracking the Proceeding after the time allowed for filing a and by all other parties. protest, the instant request for Throughout the proceeding, authorization will be considered by the Comments additional information about the project Commission. will be available from the Commission’s Any person wishing to comment on Office of External Affairs, at (866) 208– Protests must comply with the the project may do so. The Commission FERC, or on the FERC website at requirements specified in section considers all comments received about www.ferc.gov using the ‘‘eLibrary’’ link 157.205(e) of the Commission’s the project in determining the 4 as described above. The eLibrary link regulations, and must be submitted by appropriate action to be taken. To also provides access to the texts of all the protest deadline, which is August 9, ensure that your comments are timely 2021. A protest may also serve as a and properly recorded, please submit 7 Additionally, you may file your comments motion to intervene so long as the your comments on or before August 9, electronically by using the eComment feature, protestor states it also seeks to be an 2021. The filing of a comment alone will which is located on the Commission’s website at intervenor. www.ferc.gov under the link to Documents and not serve to make the filer a party to the Filings. Using eComment is an easy method for proceeding. To become a party, you interested persons to submit brief, text-only 2 18 CFR 157.205. must intervene in the proceeding. comments on a project. 3 Persons include individuals, organizations, 8 Hand-delivered submissions in docketed businesses, municipalities, and other entities. 18 proceedings should be delivered to Health and CFR 385.102(d). 5 18 CFR 385.214. Human Services, 12225 Wilkins Avenue, Rockville, 4 18 CFR 157.205(e). 6 18 CFR 157.10. Maryland 20852.

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formal documents issued by the last three digits in the docket number protestor states it also seeks to be an Commission, such as orders, notices, field to access the document. At this intervenor. and rulemakings. time, the Commission has suspended Interventions In addition, the Commission offers a access to the Commission’s Public free service called eSubscription which Reference Room, due to the Any person has the option to file a allows you to keep track of all formal proclamation declaring a National motion to intervene in this proceeding. issuances and submittals in specific Emergency concerning the Novel Only intervenors have the right to dockets. This can reduce the amount of Coronavirus Disease (COVID–19), issued request rehearing of Commission orders time you spend researching proceedings by the President on March 13, 2020. For issued in this proceeding and to by automatically providing you with assistance, contact the Federal Energy subsequently challenge the notification of these filings, document Regulatory Commission at Commission’s orders in the U.S. Circuit summaries, and direct links to the [email protected] or call Courts of Appeal. documents. For more information and to toll-free, (886) 208–3676 or TYY, (202) To intervene, you must submit a register, go to www.ferc.gov/docs-filing/ 502–8659. motion to intervene to the Commission esubscription.asp. Any questions concerning this in accordance with Rule 214 of the Dated: June 9, 2021. application should be directed to Commission’s Rules of Practice and 5 Kimberly D. Bose, Matthew Eggerding, Assistant General Procedure and the regulations under 6 Secretary. Counsel, Equitrans, L.P., 2200 Energy the NGA by the intervention deadline for the project, which is August 9, 2021. [FR Doc. 2021–12512 Filed 6–14–21; 8:45 am] Drive, Canonsburg, Pennsylvania 15317, by telephone at (412) 553–5786, or by As described further in Rule 214, your BILLING CODE 6717–01–P email at meggerding@ motion to intervene must state, to the equitransmidstream.com. extent known, your position regarding DEPARTMENT OF ENERGY the proceeding, as well as your interest Public Participation in the proceeding. For an individual, Federal Energy Regulatory There are three ways to become this could include your status as a Commission involved in the Commission’s review of landowner, ratepayer, resident of an this project: You can file a protest to the impacted community, or recreationist. [Docket No. CP21–455–000] project, you can file a motion to You do not need to have property directly impacted by the project in order Equitrans, L.P.; Notice of Request intervene in the proceeding, and you to intervene. For more information under Blanket Authorization and can file comments on the project. There about motions to intervene, refer to the Establishing Intervention and Protest is no fee or cost for filing protests, FERC website at https://www.ferc.gov/ Deadline motions to intervene, or comments. The deadline for filing protests, motions to resources/guides/how-to/intervene.asp. Take notice that on June 2, 2021, intervene, and comments is 5:00 p.m. All timely, unopposed motions to Equitrans, L.P. (Equitrans), 2200 Energy Eastern Time on August 9, 2021. How intervene are automatically granted by Drive, Canonsburg, Pennsylvania 15317, to file protests, motions to intervene, operation of Rule 214(c)(1). Motions to filed in the above referenced docket a and comments is explained below. intervene that are filed after the prior notice pursuant to Section 157.205 intervention deadline are untimely and and 157.216 of the Federal Energy Protests may be denied. Any late-filed motion to Regulatory Commission’s regulations Pursuant to section 157.205 of the intervene must show good cause for under the Natural Gas Act and the Commission’s regulations under the being late and must explain why the blanket certificate issued by the NGA,2 any person 3 or the Commission’s time limitation should be waived and Commission in Docket No. CP96–352– staff may file a protest to the request. If provide justification by reference to 000,1 seeking authorization to plug and no protest is filed within the time factors set forth in Rule 214(d) of the abandon an injection and withdrawal allowed or if a protest is filed and then Commission’s Rules and Regulations. A well in Equitrans’ Pratt Storage field and withdrawn within 30 days after the person obtaining party status will be abandon in-place of approximately 635 allowed time for filing a protest, the placed on the service list maintained by feet of six inch-diameter pipeline proposed activity shall be deemed to be the Secretary of the Commission and located in Greene and Washington authorized effective the day after the will receive copies (paper or electronic) Counties, Pennsylvania. Equitrans time allowed for protest. If a protest is of all documents filed by the applicant request this abandonment due to safety filed and not withdrawn within 30 days and by all other parties. concerns caused by corrosion in the after the time allowed for filing a Comments well casing. Equitrans estimates the cost protest, the instant request for of the project to be $1.25 million, all as authorization will be considered by the Any person wishing to comment on more fully set forth in the request which Commission. the project may do so. The Commission is on file with the Commission and open considers all comments received about Protests must comply with the to public inspection. the project in determining the requirements specified in section In addition to publishing the full text appropriate action to be taken. To 157.205(e) of the Commission’s of this document in the Federal ensure that your comments are timely regulations,4 and must be submitted by Register, the Commission provides all and properly recorded, please submit the protest deadline, which is August 9, interested persons an opportunity to your comments on or before August 9, 2021. A protest may also serve as a view and/or print the contents of this 2021. The filing of a comment alone will motion to intervene so long as the document via the internet through the not serve to make the filer a party to the Commission’s Home Page (http:// proceeding. To become a party, you 2 ferc.gov) using the ‘‘eLibrary’’ link. 18 CFR 157.205. must intervene in the proceeding. 3 Persons include individuals, organizations, Enter the docket number excluding the businesses, municipalities, and other entities. 18 CFR 385.102(d). 5 18 CFR 385.214. 1 Equitrans, L.P., 85 FERC ¶ 61,089 (1988). 4 18 CFR 157.205(e). 6 18 CFR 157.10.

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How To File Protests, Interventions, and Pennsylvania 15317, by telephone at DEPARTMENT OF ENERGY Comments (412) 553–5786, or by email at [email protected]. Federal Energy Regulatory There are two ways to submit Commission protests, motions to intervene, and Any subsequent submissions by an comments. In both instances, please intervenor must be served on the [Docket No. AD21–14–000] reference the Project docket number applicant and all other parties to the proceeding. Contact information for CP21–455–000 in your submission. Resource Adequacy Developments in parties can be downloaded from the (1) You may file your protest, motion the Western Interconnection; service list at the eService link on FERC to intervene, and comments by using the Supplemental Notice of Technical Commission’s eFiling feature, which is Online. Conference located on the Commission’s website Tracking the Proceeding (www.ferc.gov) under the link to As announced in the Notice of Documents and Filings. New eFiling Throughout the proceeding, Technical Conference issued in the users must first create an account by additional information about the project above-referenced proceeding on April clicking on ‘‘eRegister.’’ You will be will be available from the Commission’s 23, 2021, the Federal Energy Regulatory asked to select the type of filing you are Office of External Affairs, at (866) 208– Commission (Commission) will convene making; first select General’’ and then FERC, or on the FERC website at a Commissioner-led technical select ‘‘Protest’’, ‘‘Intervention’’, or www.ferc.gov using the ‘‘eLibrary’’ link conference on Wednesday, June 23, ‘‘Comment on a Filing.’’ The as described above. The eLibrary link 2021 and Thursday, June 24, 2021, from Commission’s eFiling staff are available also provides access to the texts of all approximately 12:30 p.m. to 5:00 p.m. (Eastern Time) each day. The conference to assist you at (202) 502–8258 or formal documents issued by the [email protected]. will be held remotely over WebEx and Commission, such as orders, notices, (2) You can file a paper copy of your broadcast on the Commission’s website. and rulemakings. submission. Your submission must Attached to this Supplemental Notice is reference the Project docket number In addition, the Commission offers a an agenda for the technical conference, CP21–455–000. free service called eSubscription which which includes the conference program To mail via USPS, use the following allows you to keep track of all formal and expected speakers. address: Kimberly D. Bose, Secretary, issuances and submittals in specific The purpose of this conference is to Federal Energy Regulatory Commission, dockets. This can reduce the amount of discuss resource adequacy 888 First Street NE, Washington, DC time you spend researching proceedings developments in the Western 20426. by automatically providing you with Interconnection. The Commission seeks To mail via any other courier, use the notification of these filings, document to engage varied regional perspectives to following address: Kimberly D. Bose, summaries, and direct links to the discuss challenges, trends, possible Secretary, Federal Energy Regulatory documents. For more information and to ways to continue to ensure resource Commission, 12225 Wilkins Avenue, register, go to www.ferc.gov/docs-filing/ adequacy, and broader regional Rockville, Maryland 20852. esubscription.asp. coordination in the Western Interconnection. Protests and motions to intervene Dated: June 9, 2021. must be served on the applicant either Discussions at the conference may by mail or email (with a link to the Kimberly D. Bose, involve issues raised in proceedings that document) at: Matthew Eggerding, Secretary. are currently pending before the Assistant General Counsel, Equitrans, [FR Doc. 2021–12514 Filed 6–14–21; 8:45 am] Commission. These proceedings L.P., 2200 Energy Drive, Canonsburg, BILLING CODE 6717–01–P include, but are not limited to:

Docket No.

California Independent System Operator Corporation ...... ER21–1551–000 California Independent System Operator Corporation ...... ER21–1790–000 Duke Energy Progress, LLC ...... ER21–1579–000 Nevada Power Company v. California Independent System Operator Corporation ...... EL21–74–000 New York Independent System Operator, Inc ...... ER21–1018–000 PJM Interconnection, L.L.C ...... ER21–2043–000

The conference will be open for the Commission conferences are Beckman at [email protected] or public to attend remotely, and there is accessible under section 508 of the (202) 502–8049, or Sarah McKinley at no fee for attendance. Information on Rehabilitation Act of 1973. For [email protected] or (202) 502– this conference, including a link to the accessibility accommodations, please 8368. send an email to [email protected], webcast, will be posted prior to the Dated: June 9, 2021. event on this conference’s event page on call toll-free (866) 208–3372 (voice) or Kimberly D. Bose, the Commission’s website, https:// (202) 208–8659 (TTY), or send a fax to www.ferc.gov/news-events/events/ (202) 208–2106 with the required Secretary. technical-conference-discuss-resource- accommodations. [FR Doc. 2021–12513 Filed 6–14–21; 8:45 am] adequacy-developments-western. The For more information about this BILLING CODE 6717–01–P conference will be transcribed. technical conference, please contact Transcripts will be available for a fee Navin Shekar at [email protected] from Ace Reporting, (202) 347–3700. or (202) 502–6297. For information related to logistics, please contact Colin

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DEPARTMENT OF ENERGY Filed Date: 6/9/21. Change in Status to be effective 4/24/ Accession Number: 20210609–5074. 2021. Federal Energy Regulatory Comments Due: 5 p.m. ET 6/30/21. Filed Date: 6/9/21. Commission Docket Numbers: ER21–1744–001. Accession Number: 20210609–5083. Applicants: Brookfield Energy Comments Due: 5 p.m. ET 6/30/21. Combined Notice of Filings #1 Marketing LP. Docket Numbers: ER21–2100–000. Take notice that the Commission Description: Tariff Amendment: Applicants: Point Beach Solar, LLC. received the following exempt Supplement to Notice of Non-Material Description: Baseline eTariff Filing: wholesale generator filings: Change in Status to be effective 4/24/ Point Beach Solar, LLC Application for Docket Numbers: EG21–165–000. 2021. MBR Authority to be effective 7/20/ Applicants: Corazon Energy, LLC. Filed Date: 6/9/21. 2021. Description: Notice of Self- Accession Number: 20210609–5077. Filed Date: 6/8/21. Comments Due: 5 p.m. ET 6/30/21. Accession Number: 20210608–5137. Certification of Exempt Wholesale Comments Due: 5 p.m. ET 6/29/21. Generator Status of Corazon Energy, Docket Numbers: ER21–1745–001. LLC. Applicants: Brookfield Energy Docket Numbers: ER21–2101–000. Filed Date: 6/8/21. Marketing Inc. Applicants: El Paso Electric Company. Accession Number: 20210608–5163. Description: Tariff Amendment: Description: Tariff Cancellation: Comments Due: 5 p.m. ET 6/29/21. Supplement to Notice of Non-Material Termination of Rate Schedule Nos. 114 Change in Status to be effective 4/24/ and 117 to be effective 8/7/2021. Take notice that the Commission 2021. Filed Date: 6/8/21. received the following electric rate Filed Date: 6/9/21. Accession Number: 20210608–5148. filings: Accession Number: 20210609–5076. Comments Due: 5 p.m. ET 6/29/21. Docket Numbers: ER21–169–001. Comments Due: 5 p.m. ET 6/30/21. Docket Numbers: ER21–2102–000. Applicants: Southwest Power Pool, Docket Numbers: ER21–1746–001. Applicants: PJM Interconnection, Inc. Applicants: Brookfield Renewable L.L.C. Description: Compliance filing: Energy Marketing US. Description: § 205(d) Rate Filing: Compliance Filing—Amendment No. 1 Description: Tariff Amendment: Original WMPA, Service Agreement No. to Partial Settlement in ER14–2850–006 Supplement to Notice of Non-Material 6088; Queue No. AF1–209 to be et al. to be effective 1/1/2021. Change in Status to be effective 4/24/ effective 5/12/2021. Filed Date: 6/9/21. 2021. Filed Date: 6/9/21. Accession Number: 20210609–5091. Filed Date: 6/9/21. Accession Number: 20210609–5021. Comments Due: 5 p.m. ET 6/30/21. Accession Number: 20210609–5078. Comments Due: 5 p.m. ET 6/30/21. Docket Numbers: ER21–625–003. Comments Due: 5 p.m. ET 6/30/21. Docket Numbers: ER21–2104–000. Applicants: New York Independent Docket Numbers: ER21–1747–001. Applicants: New York Independent System Operator, Inc. Applicants: Brookfield Renewable System Operator, Inc. Description: Compliance filing: Trading and Marketing LP. Description: § 205(d) Rate Filing: 205 NYISO supplemental notice of delayed Description: Tariff Amendment: Operating agreement between NYISO & effective date—SENY reserve Supplement to Notice of Non-Material LS Power, SA No. 2627 to be effective enhancements to be effective 6/17/2021. Change in Status to be effective 4/24/ 5/18/2021. Filed Date: 6/8/21. 2021. Filed Date: 6/9/21. Accession Number: 20210608–5114. Filed Date: 6/9/21. Accession Number: 20210609–5054. Comments Due: 5 p.m. ET 6/29/21. Accession Number: 20210609–5079. Comments Due: 5 p.m. ET 6/30/21. Docket Numbers: ER21–1551–001. Comments Due: 5 p.m. ET 6/30/21. Docket Numbers: ER21–2105–000. Applicants: California Independent Docket Numbers: ER21–1748–001. Applicants: New York Independent System Operator Corporation. Applicants: Horseshoe Bend Wind, System Operator, Inc. Description: Compliance filing: 2021– LLC. Description: § 205(d) Rate Filing: 205 06–08 RA Enhancements Waiver to be Description: Tariff Amendment: filing of Operating agreement between effective N/A. Supplement to Notice of Non-Material NYISO & NextEra, SA No. 2628 to be Filed Date: 6/8/21. Change in Status to be effective 4/24/ effective 5/25/2021. Accession Number: 20210608–5135. 2021. Filed Date: 6/9/21. Comments Due: 5 p.m. ET 6/29/21. Filed Date: 6/9/21. Accession Number: 20210609–5059. Docket Numbers: ER21–1579–001. Accession Number: 20210609–5080. Comments Due: 5 p.m. ET 6/30/21. Applicants: Duke Energy Progress, Comments Due: 5 p.m. ET 6/30/21. Docket Numbers: ER21–2106–000. LLC, Duke Energy Florida, LLC, Duke Docket Numbers: ER21–1749–001. Applicants: New York Independent Energy Carolinas, LLC. Applicants: North Hurlburt Wind, System Operator, Inc., Niagara Mohawk Description: Tariff Amendment: LLC. Power Corporation. Response to Deficiency Letter regarding Description: Tariff Amendment: Description: § 205(d) Rate Filing: 205: Queue Reform to be effective 6/1/2021. Supplement to Notice of Non-Material Amended Restated LGIA among NYISO, Filed Date: 6/8/21. Change in Status to be effective 4/24/ NMPC and Ball Hill, SA No. 2473 to be Accession Number: 20210608–5115. 2021. effective 5/27/2021. Comments Due: 5 p.m. ET 6/29/21. Filed Date: 6/9/21. Filed Date: 6/9/21. Docket Numbers: ER21–1673–001. Accession Number: 20210609–5082. Accession Number: 20210609–5072. Applicants: Tri-State Generation and Comments Due: 5 p.m. ET 6/30/21. Comments Due: 5 p.m. ET 6/30/21. Transmission Association, Inc. Docket Numbers: ER21–1750–001. Docket Numbers: ER21–2107–000. Description: Tariff Amendment: Applicants: South Hurlburt Wind, Applicants: Florida Power & Light Submission of Amendment to LLC. Company. Normalization Filing to be effective 6/ Description: Tariff Amendment: Description: § 205(d) Rate Filing: FPL 12/2021. Supplement to Notice of Non-Material Certificate of Concurrence with DEF

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Rate Schedule No. 24 to be effective 8/ Take notice that the Commission other information, call (866) 208–3676 8/2021. received the following qualifying (toll free). For TTY, call (202) 502–8659. Filed Date: 6/9/21. facility filings: Dated: June 9, 2021. Accession Number: 20210609–5081. Docket Numbers: QF21–980–000. Debbie-Anne A. Reese, Comments Due: 5 p.m. ET 6/30/21. Applicants: Running Foxes Petroleum Deputy Secretary. Docket Numbers: ER21–2108–000. Inc. Applicants: Pacific Gas and Electric [FR Doc. 2021–12507 Filed 6–14–21; 8:45 am] Description: Form 556 of Running BILLING CODE 6717–01–P Company. Foxes Petroleum Inc. Description: § 205(d) Rate Filing: City Filed Date: 6/9/21. and County of San Francisco Potrero Accession Number: 20210609–5094. DEPARTMENT OF ENERGY TFA (SA 284) to be effective 6/10/2021. Filed Date: 6/9/21. Comments Due: Non-Applicable. The filings are accessible in the Federal Energy Regulatory Accession Number: 20210609–5090. Commission Comments Due: 5 p.m. ET 6/30/21. Commission’s eLibrary system (https:// Docket Numbers: ER21–2109–000. elibrary.ferc.gov/idmws/search/ Sunshine Act Meetings Applicants: Wheatridge Solar Energy fercgensearch.asp) by querying the Center, LLC. docket number. TIME AND DATE: June 17, 2021, 10:00 a.m. Any person desiring to intervene or Description: Baseline eTariff Filing: PLACE: Open to the public via video protest in any of the above proceedings Wheatridge Solar Energy Center, LLC Webcast. Join FERC online to view live must file in accordance with Rules 211 Application for MBR Authority to be at http://ferc.capitolconnection.org/. effective 8/9/2021. and 214 of the Commission’s Filed Date: 6/9/21. Regulations (18 CFR 385.211 and STATUS: Open. Accession Number: 20210609–5093. 385.214) on or before 5:00 p.m. Eastern MATTERS TO BE CONSIDERED: Agenda. Comments Due: 5 p.m. ET 6/30/21. time on the specified comment date. * Note—Items listed on the agenda Docket Numbers: ER21–2110–000. Protests may be considered, but may be deleted without further notice. Applicants: GenOn Power Midwest, intervention is necessary to become a This is a list of matters to be LP. party to the proceeding. considered by the Commission. It does Description: Tariff Cancellation: eFiling is encouraged. More detailed not include a listing of all documents Notice of Cancellation of Rate Schedule information relating to filing relevant to the items on the agenda. All FERC No. 2 to be effective 9/15/2021. requirements, interventions, protests, public documents, however, may be Filed Date: 6/9/21. service, and qualifying facilities filings viewed on line at the Commission’s Accession Number: 20210609–5104. can be found at: http://www.ferc.gov/ website at https://elibrary.ferc.gov/ Comments Due: 5 p.m. ET 6/30/21. docs-filing/efiling/filing-req.pdf. For eLibrary/search using the eLibrary link.

1080TH—MEETING [Open meeting; June 17, 2021; 10:00 a.m.]

Item No. Docket No. Company

Administrative

A–1 ...... AD21–1–000 ...... Agency Administrative Matters. A–2 ...... AD21–2–000 ...... Customer Matters, Reliability, Security and Market Operations.

Electric

E–1 ...... AD21–15–000 ...... Joint Federal-State Task Force on Electric Transmission. E–2 ...... PL21–2–000 ...... State Voluntary Agreements to Plan and Pay for Transmission Facilities. E–3 ...... ER21–40–000 ...... ConocoPhillips Company. ER21–42–000 ...... Tenaska Power Services Company. ER21–43–000; ER21–43–001 ...... Exelon Generation Company, LLC. ER21–46–000 ...... Mercuria Energy America, LLC. ER21–47–000 ...... Tucson Electric Power Company. ER21–48–000 ...... UNS Electric, Inc. ER21–51–000; ER21–51–001 ...... BP Energy Company. ER21–52–000 ...... Public Service Company of New Mexico. ER21–55–000 ...... Mesquite Power, LLC. ER21–56–000 ...... Guzman Energy, LLC. ER21–57–000 ...... Shell Energy North America (US), L.P. ER21–58–000 ...... TransAlta Energy Marketing (U.S.) Inc. ER21–59–000 ...... Brookfield Renewable Trading and Marketing LP. ER21–60–000 ...... PacifiCorp. ER21–61–000; ER21–61–001 ...... El Paso Electric Company. ER21–62–000 ...... Uniper Global Commodities North America LLC. ER21–64–000 ...... Macquarie Energy LLC; Tri-State Generation and Transmission. ER21–65–000 ...... Association, Inc.; EDF Trading North America, LLC. ER21–135–000 ...... Direct Energy Business Marketing, LLC. ER21–326–000; ER21–434–000 ...... Nevada Power Company. E–4 ...... RM18–9–003 ...... Participation of Distributed Energy Resource Aggregations in Markets Oper- ated by Regional Transmission Organizations and Independent System Op- erators.

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1080TH—MEETING—Continued [Open meeting; June 17, 2021; 10:00 a.m.]

Item No. Docket No. Company

E–5 ...... OMITTED. E–6 ...... QF17–454–007 ...... Broadview Solar, LLC. E–7 ...... EL21–75–000 ...... Tri-State Generation and Transmission Association, Inc. E–8 ...... ER21–573–002 ...... Chalk Point Power, LLC. ER21–574–002 ...... Dickerson Power, LLC. ER21–575–002 ...... Lanyard Power Marketing, LLC. ER21–577–002 ...... Morgantown Power, LLC. ER21–578–002 ...... Morgantown Station, LLC. E–9 ...... EL21–78–000 ...... PJM Interconnection, L.L.C. E–10 ...... OMITTED. E–11 ...... ER20–2446–003 ...... Bitter Ridge Wind Farm, LLC. E–12 ...... ER20–2452–001; ER20–2452–002 ...... Hamilton Liberty LLC. ER20–2453–002; ER20–2453–003 ...... Hamilton Patriot LLC. E–13 ...... ER20–2503–002 ...... Paulding Wind Farm IV LLC. E–14 ...... ER20–2322–000; ER20–2323–000; ER20– Midcontinent Independent System Operator, Inc. 2354–000; ER20–2355–000. E–15 ...... ER20–2352–000; ER20–2352–001; ER20– Midcontinent Independent System Operator, Inc. 2353–000; ER20–2353–001. E–16 ...... ER20–2364–000; ER20–2364–001; ER20– Midcontinent Independent System Operator, Inc. 2373–000. E–17 ...... ER21–1638–000 ...... Daylight I, LLC, Edwards Solar Line I, LLC and Sanborn Solar Line I, LLC. E–18 ...... ER20–2953–002 ...... Lone Tree Wind, LLC. E–19 ...... ER20–716–004 ...... New York Independent System Operator, Inc. and LS Power Grid New York Corporation I. E–20 ...... ER21–1321–000 ...... Harbor Cogeneration Company, LLC. E–21 ...... ER20–1947–003 ...... Greenleaf Energy Unit 2 LLC. E–22 ...... EL02–60–007 ...... Public Utilities Commission of the State of California v. Sellers of Long-Term Contracts to the California Department of Water Resources. EL02–62–006 (consolidated) ...... California Electricity Oversight Board v. Sellers of Long-Term Contracts to the California Department of Water Resources. E–23 ...... ER04–835–014 ...... California Independent System Operator Corporation. E–24 ...... ER18–99–006 ...... Southwest Power Pool, Inc. E–25 ...... EL21–61–000 ...... George Berka v. Andrew M. Cuomo, North American Electric Reliability Cor- poration, Northeast Power Coordinating Council, New York Independent System Operator, Inc., New York Public Service Commission, Entergy Cor- poration, and Holtec Decommissioning International. E–26 ...... EL20–69–001 ...... CAlifornians for Renewable Energy and Michael E. Boyd v. California Inde- pendent System Operator Corporation, California Public Utilities Commis- sion, Pacific Gas & Electric Company, San Diego Gas & Electric Company, and Southern California Edison Company. E–27 ...... EL21–14–001 ...... NextEra Energy, Inc., Evergy, Inc., American Electric Power Company, Inc., Exelon Corporation, and Xcel Energy Services Inc.

Gas

G–1 ...... RP21–622–000 ...... Equinor Natural Gas LLC and The Brooklyn Union Gas Company. G–2 ...... RP20–879–000 ...... Antero Resources Corporation and MU Marketing LLC. G–3 ...... OMITTED. G–4 ...... OR21–5–000 ...... Equinor Marketing & Trading (US) Inc. v. Mustang Pipe Line LLC.

Hydro

H–1 ...... P–2082–062; P–14803–000 ...... PacifiCorp. P–14803–004 ...... Klamath River Renewal Corporation, State of Oregon, and State of California. H–2 ...... P–14616–002 ...... Oregon State University. H–3 ...... P–7828–020 ...... Truckee-Carson Irrigation District.

Certificates

C–1 ...... CP20–455–000 ...... Freeport LNG Development, L.P., FLNG Liquefaction, LLC, FLNG Liquefaction 2, LLC, and FLNG Liquefaction 3, LLC. C–2 ...... CP20–504–000 ...... Northern Natural Gas Company. C–3 ...... CP21–17–000 ...... Columbia Gas Transmission, LLC.

CONTACT PERSON FOR MORE INFORMATION: For a recorded message listing items The public is invited to view the Kimberly D. Bose, Secretary, Telephone struck from or added to the meeting, call meeting live at http://ferc.capitol (202) 502–8400. (202) 502–8627. connection.org/. Anyone with internet access who desires to view this event

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can do so by navigating to intervention is necessary to become a information you consider to be www.ferc.gov’s Calendar of Events and party to the proceeding. Confidential Business Information (CBI) locating this event in the Calendar. The eFiling is encouraged. More detailed or other information whose disclosure is event will contain a link to its video information relating to filing restricted by statute. webcast. The Capitol Connection requirements, interventions, protests, Due to the public health concerns provides technical support for this free service, and qualifying facilities filings related to COVID–19, the EPA Docket webcast. It will also offer access to this can be found at: http://www.ferc.gov/ Center (EPA/DC) and Reading Room is event via phone bridge for a fee. If you docs-filing/efiling/filing-req.pdf. For closed to visitors with limited have any questions, visit http:// other information, call (866) 208–3676 exceptions. The staff continues to ferc.capitolconnection.org/ or contact (toll free). For TTY, call (202) 502–8659. provide remote customer service via Shirley Al-Jarani at 703–993–3104. Dated: June 9, 2021. email, phone, and webform. For the latest status information on EPA/DC Dated: June 10, 2021. Debbie-Anne A. Reese, services and docket access, visit http:// Deputy Secretary. Kimberly D. Bose, www.epa.gov/dockets. Secretary. [FR Doc. 2021–12508 Filed 6–14–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: For [FR Doc. 2021–12641 Filed 6–11–21; 11:15 am] BILLING CODE 6717–01–P technical information contact: Jim BILLING CODE 6717–01–P Rahai, Project Management and Operations Division (MC 7407M), Office ENVIRONMENTAL PROTECTION of Pollution Prevention and Toxics, DEPARTMENT OF ENERGY AGENCY Environmental Protection Agency, 1200 Federal Energy Regulatory [EPA–HQ–OPPT–2021–0068; FRL–10025– Pennsylvania Ave. NW, Washington, DC Commission 01] 20460–0001; telephone number: (202) 564–8593; email address: rahai.jim@ Combined Notice of Filings Certain New Chemicals; Receipt and epa.gov. Status Information for May 2021 For general information contact: The Take notice that the Commission has AGENCY: Environmental Protection TSCA-Hotline, ABVI-Goodwill, 422 received the following Natural Gas Agency (EPA). South Clinton Ave., Rochester, NY Pipeline Rate and Refund Report filings: 14620; telephone number: (202) 554– ACTION: Notice. Docket Numbers: RP01–382–031. 1404; email address: TSCA-Hotline@ Applicants: Northern Natural Gas SUMMARY: EPA is required under the epa.gov. Company. Toxic Substances Control Act (TSCA), SUPPLEMENTARY INFORMATION: Description: Northern Natural Gas as amended by the Frank R. Lautenberg Company submits Carlton Chemical Safety for the 21st Century I. Executive Summary Reimbursement Report under RP01– Act, to make information publicly A. What action is the Agency taking? 382. available and to publish information in This document provides the receipt Filed Date: 6/1/21. the Federal Register pertaining to and status reports for the period from Accession Number: 20210601–5295. submissions under TSCA, including 05/01/2021 to 05/31/2021. The Agency Comments Due: 5 p.m. ET 6/14/21. notice of receipt of a Premanufacture is providing notice of receipt of PMNs, Docket Numbers: RP21–891–000. notice (PMN), Significant New Use SNUNs and MCANs (including Applicants: WTG Hugoton, LP. Notice (SNUN) or Microbial Commercial amended notices and test information); Description: § 4(d) Rate Filing: WTGH Activity Notice (MCAN), including an an exemption application under 40 CFR Address Change Filing (July 1, 2021) to amended notice or test information; an part 725 (Biotech exemption); TMEs, be effective 7/1/2021. exemption application (Biotech both pending and/or concluded; NOCs Filed Date: 6/8/21. exemption); an application for a test to manufacture a new chemical Accession Number: 20210608–5052. marketing exemption (TME), both substance; and a periodic status report Comments Due: 5 p.m. ET 6/21/21. pending and/or concluded; a notice of on new chemical substances that are commencement (NOC) of manufacture Docket Numbers: RP21–892–000. currently under EPA review or have (including import) for new chemical Applicants: Transcontinental Gas recently concluded review. Pipe Line Company, LLC. substances; and a periodic status report EPA is also providing information on Description: Compliance filing Rate on new chemical substances that are its website about cases reviewed under Schedule S–2 Flow Through Refund currently under EPA review or have the amended TSCA, including the Report OFO Penalty to be effective N/A. recently concluded review. This section 5 PMN/SNUN/MCAN and Filed Date: 6/8/21. document covers the period from 05/01/ exemption notices received, the date of Accession Number: 20210608–5074. 2021 to 05/31/2021. receipt, the final EPA determination on Comments Due: 5 p.m. ET 6/21/21. DATES: Comments identified by the the notice, and the effective date of The filings are accessible in the specific case number provided in this EPA’s determination for PMN/SNUN/ Commission’s eLibrary system (https:// document must be received on or before MCAN notices on its website at: https:// elibrary.ferc.gov/idmws/search/ July 15, 2021. www.epa.gov/reviewing-new-chemicals- fercgensearch.asp) by querying the ADDRESSES: Submit your comments, under-toxic-substances-control-act-tsca/ docket number. identified by docket identification (ID) status-pre-manufacture-notices. This Any person desiring to intervene or number EPA–HQ–OPPT–2021–0068, information is updated on a weekly protest in any of the above proceedings and the specific case number for the basis. must file in accordance with Rules 211 chemical substance related to your and 214 of the Commission’s comment, using the Federal B. What is the Agency’s authority for Regulations (18 CFR 385.211 and eRulemaking Portal at http:// taking this action? 385.214) on or before 5:00 p.m. Eastern www.regulations.gov. Follow the online Under the Toxic Substances Control time on the specified comment date. instructions for submitting comments. Act (TSCA), 15 U.S.C. 2601 et seq., a Protests may be considered, but Do not submit electronically any chemical substance may be either an

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‘‘existing’’ chemical substance or a C. Does this action apply to me? to conserve EPA resources and to ‘‘new’’ chemical substance. Any This action provides information that streamline the process and make it more chemical substance that is not on EPA’s is directed to the public in general. timely, EPA is providing information on TSCA Inventory of Chemical Substances its website about cases reviewed under (TSCA Inventory) is classified as a ‘‘new D. Does this action have any the amended TSCA, including the TSCA chemical substance,’’ while a chemical incremental economic impacts or section 5 PMN/SNUN/MCAN and substance that is listed on the TSCA paperwork burdens? exemption notices received, the date of Inventory is classified as an ‘‘existing No. receipt, the final EPA determination on chemical substance.’’ (See TSCA section the notice, and the effective date of 3(11).) For more information about the E. What should I consider as I prepare EPA’s determination for PMN/SNUN/ TSCA Inventory please go to: https:// my comments for EPA? MCAN notices on its website at: https:// www.epa.gov/tsca-inventory. 1. Submitting confidential business www.epa.gov/reviewing-new-chemicals- Any person who intends to information (CBI). Do not submit this under-toxic-substances-control-act-tsca/ manufacture (including import) a new information to EPA through status-pre-manufacture-notices. This chemical substance for a non-exempt regulations.gov or email. Clearly mark information is updated on a weekly commercial purpose, or to manufacture the part or all of the information that basis. or process a chemical substance in a you claim to be CBI. For CBI III. Receipt Reports non-exempt manner for a use that EPA information in a disk or CD–ROM that has determined is a significant new use, you mail to EPA, mark the outside of the For the PMN/SNUN/MCANs that is required by TSCA section 5 to disk or CD–ROM as CBI and then have passed an initial screening by EPA provide EPA with a PMN, MCAN or identify electronically within the disk or during this period, Table I provides the SNUN, as appropriate, before initiating CD–ROM the specific information that following information (to the extent that the activity. EPA will review the notice, is claimed as CBI. In addition to one such information is not subject to a CBI make a risk determination on the complete version of the comment that claim) on the notices screened by EPA chemical substance or significant new includes information claimed as CBI, a during this period: The EPA case use, and take appropriate action as copy of the comment that does not number assigned to the notice that described in TSCA section 5(a)(3). contain the information claimed as CBI indicates whether the submission is an TSCA section 5(h)(1) authorizes EPA must be submitted for inclusion in the initial submission, or an amendment, a to allow persons, upon application and public docket. Information so marked notation of which version was received, under appropriate restrictions, to will not be disclosed except in the date the notice was received by EPA, manufacture or process a new chemical accordance with procedures set forth in the submitting manufacturer (i.e., substance, or a chemical substance 40 CFR part 2. domestic producer or importer), the subject to a significant new use rule 2. Tips for preparing your comments. potential uses identified by the (SNUR) issued under TSCA section When preparing and submitting your manufacturer in the notice, and the 5(a)(2), for ‘‘test marketing’’ purposes, comments, see the commenting tips at chemical substance identity. upon a showing that the manufacture, http://www.epa.gov/dockets/ As used in each of the tables in this processing, distribution in commerce, comments.html. unit, (S) indicates that the information use, and disposal of the chemical will in the table is the specific information not present an unreasonable risk of II. Status Reports provided by the submitter, and (G) injury to health or the environment. In the past, EPA has published indicates that this information in the This is referred to as a test marketing individual notices reflecting the status table is generic information because the exemption, or TME. For more of TSCA section 5 filings received, specific information provided by the information about the requirements pending or concluded. In 1995, the submitter was claimed as CBI. applicable to a new chemical go to: Agency modified its approach and Submissions which are initial http://www.epa.gov/oppt/newchems. streamlined the information published submissions will not have a letter Under TSCA sections 5 and 8 and in the Federal Register after providing following the case number. Submissions EPA regulations, EPA is required to notice of such changes to the public and which are amendments to previous publish in the Federal Register certain an opportunity to comment (See the submissions will have a case number information, including notice of receipt Federal Register of May 12, 1995, (60 followed by the letter ‘‘A’’ (e.g., P–18– of a PMN/SNUN/MCAN (including FR 25798) (FRL–4942–7). Since the 1234A). The version column designates amended notices and test information); passage of the Lautenberg amendments submissions in sequence as ‘‘1’’, ‘‘2’’, an exemption application under 40 CFR to TSCA in 2016, public interest in ‘‘3’’, etc. Note that in some cases, an part 725 (biotech exemption); an information on the status of section 5 initial submission is not numbered as application for a TME, both pending cases under EPA review and, in version 1; this is because earlier and concluded; NOCs to manufacture a particular, the final determination of version(s) were rejected as incomplete new chemical substance; and a periodic such cases, has increased. In an effort to or invalid submissions. Note also that status report on the new chemical be responsive to the regulated future versions of the following tables substances that are currently under EPA community, the users of this may adjust slightly as the Agency works review or have recently concluded information, and the general public, to to automate population of the data in review. comply with the requirements of TSCA, the tables. TABLE I—PMN/SNUN/MCANS APPROVED * FROM 05/01/2021 TO 05/31/2021

Received Case No. Version date Manufacturer Use Chemical substance

J–21–0012A ... 2 05/11/2021 Vestaron Corporation .... (G) Production of an agricultural product ... (G) Yeast that has been stably modified for the production of an agricultural product. J–21–0014 ..... 1 04/19/2021 CBI ...... (G) Chemical production ...... (G) Chromosomally-modified Saccharomyces I I I cerevisiae.

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TABLE I—PMN/SNUN/MCANS APPROVED * FROM 05/01/2021 TO 05/31/2021—Continued

Received Case No. Version date Manufacturer Use Chemical substance

J–21–0015 ..... 1 04/19/2021 CBI ...... (G) Chemical production ...... (G) Chromosomally-modified Saccharomyces cerevisiae. J–21–0016 ..... 1 04/19/2021 CBI ...... (G) Chemical production ...... (G) Chromosomally-modified Saccharomyces cerevisiae. J–21–0017 ..... 1 04/19/2021 CBI ...... (G) Chemical production ...... (G) Chromosomally-modified Saccharomyces cerevisiae. J–21–0018 ..... 1 04/19/2021 CBI ...... (G) Chemical production ...... (G) Chromosomally-modified Saccharomyces cerevisiae. J–21–0019 ..... 1 04/22/2021 CBI ...... (G) Production of DNA for use in internal (G) Strain of Escherichia coli modified with ge- manufacturing. netically-stable, plasmid-borne DNA for the production of plasmid-borne DNA. P–18–0293A .. 11 05/03/2021 Sirrus, Inc ...... (S) Intermediate: Monomer used as a (S) Propanedioic acid, 2-methylene-, 1,3-dihexyl chemical, in the manufacture of poly- ester. mers. (G) Coatings: Monomer used in the manufacture of industrial coatings (e.g., protective floor coatings) Adhe- sives: Monomer used in the manufac- ture (formulation) of adhesives (e.g., re- active, industrial structural adhesives or lamination). P–18–0293A .. 12 05/11/2021 Sirrus, Inc ...... (G) Adhesives: Monomer used in the man- (S) Propanedioic acid, 2-methylene-, 1,3-dihexyl ufacture (formulation) of adhesives (e.g., ester. reactive, industrial structural adhesives or lamination). Coatings: Monomer used in the manufacture of industrial coatings, is not used in spray applications. (S) In- termediate: Monomer used as a chem- ical intermediate in the manufacture of polymers. P–18–0294A .. 11 05/03/2021 Sirrus, Inc ...... (S) Intermediate: Monomer used as a (S) Propanedioic acid, 2-methylene-, 1,3- chemical, in the manufacture of poly- dicyclohexyl ester. mers. (G) Coatings: Monomer used in the manufacture of industrial coatings (e.g., protective floor coatings) Adhe- sives: Monomer used in the manufac- ture (formulation) of adhesives (e.g., re- active, industrial structural adhesives or lamination). P–18–0294A .. 12 05/11/2021 Sirrus, Inc ...... (S) Intermediate: Monomer used as a (S) Propanedioic acid, 2-methylene-, 1,3- chemical, in the manufacture of poly- dicyclohexyl ester. mers. (G) Coatings: Monomer used in the manufacture of industrial coatings (e.g., protective floor coatings) Adhe- sives: Monomer used in the manufac- ture (formulation) of adhesives (e.g., re- active, industrial structural adhesives or lamination). P–19–0098A .. 4 05/05/2021 Clariant Corporation ...... (S) Flame retardant additive for (G) Phosphoric acid, polymer with intumescent coatings. (hydroxyalkyl)-alkanediol and alkanediol. P–20–0044A .. 4 05/24/2021 Angus Chemical Com- (G) Curing additive: automotive paint; ad- (S) 1-Propanamine, 3-methoxy-N,N-dimethyl. pany. ditive for industrial polyurethane disper- sions; solubilizer for high acid value sty- rene acrylic polymers for use in ink ap- plications; neutralization, solubilization and stability in commercial waterborne and solvent borne coatings and var- nishes used for wood, metal, compositites and other substrates. P–20–0051A .. 5 05/09/2021 CBI ...... (S) Curing agent for Industrial epoxy coat- (S) 1,8-Octanediamine, 4-(aminomethyl)-, N-ben- ing systems. zyl derivs. P–20–0148A .. 8 05/03/2021 Solugen Inc ...... (G) Additive for consumer, industrial, and (G) Hydroxyalkanoic acid, salt, oxidized. commercial uses. P–20–0149A .. 8 05/03/2021 Solugen Inc ...... (G) Additive for consumer, industrial, and (G) Hydroxyalkanoic acid, salt, oxidized. commercial uses. P–20–0150A .. 8 05/03/2021 Solugen Inc ...... (G) Additive for consumer, industrial, and (G) Hydroxyalkanoic acid, salt, oxidized. commercial uses. P–20–0151A .. 8 05/03/2021 Solugen Inc ...... (G) Additive for consumer, industrial, and (G) Hydroxyalkanoic acid, salt, oxidized. commercial uses. P–20–0175A .. 4 05/24/2021 CBI ...... (G) Proprietary Additive for WB&P Formu- (G) acid N-[4-(4-diarylalkyl]-, carbopolycyclic al- lation, (G)Additive for Slats & CR For- kenyl, methyl ester. mulation (G)Additive for PI Formulation. P–20–0176A .. 4 05/24/2021 CBI ...... (G) Proprietary Additive for WB&P Formu- (G) acid N-(diarylalkyl)-, carbopolycyclic alkenyl, lation, (G)Additive for Slats & CR For- methyl ester. mulation (G)Additive for PI Formulation. P–20–0177A .. 4 05/24/2021 CBI ...... (G) Proprietary Additive for WB&P Formu- (G) carbopolycyclic alkenyl, 2-carboxylic acid, 2- lation, (G)Additive for Slats & CR For- [[[4-(4-diarylalkyl)]carbonyl]oxy]ethyl ester. mulation (G)Additive for PI Formulation. P–20–0178A .. 4 05/24/2021 CBI ...... (G) Proprietary Additive for WB&P Formu- (G) carbopolycyclic alkenyl, 2-carboxylic acid, 2- lation, (G)Additive for Slats & CR For- [[[(diarylalkyl)]carbonyl]oxy]ethyl ester. mulation (G)Additive for PI Formulation.

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TABLE I—PMN/SNUN/MCANS APPROVED * FROM 05/01/2021 TO 05/31/2021—Continued

Received Case No. Version date Manufacturer Use Chemical substance

P–21–0009 .... 4 05/11/2021 Crison, LLC ...... (S) Mining collector,(S) Asphalt emuslifier (S) Poly[oxy(methyl-1,2-ethanediyl)], alpha-(3- aminopropyl)-omega-(1-methylethoxy)-;(S) Poly[oxy(methyl-1,2-ethanediyl)], alpha-(3- aminopropyl)-omega-butoxy-;. P–21–0015A .. 3 05/12/2021 Designer Molecules, Inc (S) As a raw material in a Temporary (S) Amines, C36-alkylenedi-, polymers with 5,5′- Bonding Adhesive formulation. [(1-methylethylidene)bis(4,1- phenyleneoxy)]bis[1,3-isobenzofurandione] and 4,4′-[2,2,2-trifluoro-1- (trifluoromethyl)ethylidene]bis[2-aminophenol]. P–21–0071 .... 4 05/11/2021 Crison, LLC ...... (S) Mining Collector for sulfide ores ...... (S) Poly[oxy(methyl-1,2-ethandiyl)], alpha- (dithiocarboxy)-omega-(1-methoxy)-, sodium salt. P–21–0071A .. 5 05/17/2021 Crison, LLC ...... (S) Mining Collector for sulfide ores ...... (S) Poly[oxy(methyl-1,2-ethandiyl)], alpha- (dithiocarboxy)-omega-(1-methylethoxy)-, so- dium salt (1:1). P–21–0071A .. 6 05/17/2021 Crison, LLC ...... (S) Mining Collector for sulfide ores ...... (S) Poly[oxy(methyl-1,2-ethandiyl)], alpha- (dithiocarboxy)-omega-(1-methylethoxy)-, so- dium salt (1:1). P–21–0072 .... 4 05/11/2021 Crison, LLC ...... (S) Sulfide ore collector in mining ...... (S) Poly[oxy(methyl-1,2-ethandiyl)], alpha- (dithiocarboxy)-omega-butoxy-, sodium salt. P–21–0072A .. 5 05/17/2021 Crison, LLC ...... (S) Sulfide ore collector in mining ...... (S) Poly[oxy(methyl-1,2-ethandiyl)], alpha- (dithiocarboxy)-omega-butoxy-, sodium salt. P–21–0072A .. 6 05/17/2021 Crison, LLC ...... (S) Sulfide ore collector in mining ...... (S) Poly[oxy(methyl-1,2-ethandiyl)], alpha- (dithiocarboxy)-omega-butoxy-, sodium salt. P–21–0096 .... 4 05/17/2021 CBI ...... (G) Component in thermoset composites .. (G) Phenol, 4,4′-(1-methylethylidene)bis-, poly- mer with 2,2′-[(1-methylethylidene)bis(4,1- phenyleneoxymethylen- e)]bis[heteromonocycle], bis(2-methyl-2- propenoate). P–21–0099 .... 3 05/06/2021 Everlight USA, Inc ...... (S) Reactive dye is designed for dyeing (G) Aromaticsulfonic acid, 2,2′-[(2,4-diamino-1,3- formulation of textile materials and dye- aromatic)bis(2,1-diazenediyl)]bis[5-[[2- ing on cellulose fiber. (sulfooxy)alkyl]sulfonyl]-, alkali metal;(G) Aromaticsulfonic acid, 2,2′-[(4,6-diamino-1,3- aromatic)bis(2,1-diazenediyl)]bis[5-[[2- (sulfooxy)alkyl]sulfonyl]-, alkali metal;. P–21–0103 .... 3 05/06/2021 CBI ...... (S) Developer for thermal paper and film .. (S) Urea, N-[3-[[(4- methylphenyl)sulfonyl]oxy]phenyl]-N′-phenyl-. P–21–0104A .. 4 05/05/2021 CBI ...... (G) lubricant ...... (G) Alkanedioic acid, di branched alkyl esters. P–21–0104A .. 5 05/14/2021 CBI ...... (G) lubricant ...... (G) Alkanedioic acid, di branched alkyl esters. P–21–0105A .. 4 05/05/2021 CBI ...... (G) lubricant ...... (G) Alkanedioic acid, di C11–14 isoalkyl esters. P–21–0105A .. 5 05/14/2021 CBI ...... (G) lubricant ...... (G) Alkanedioic acid, di C11–14 isoalkyl esters. P–21–0109A .. 3 05/12/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, light al- Refinery. kylate. P–21–0109A .. 4 05/18/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, light al- Refinery. kylate. P–21–0110A .. 3 05/12/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, light Refinery. catalytic cracked. P–21–0110A .. 4 05/18/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, light Refinery. catalytic cracked. P–21–0111A .. 3 05/12/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, heavy Refinery. catalytic cracked. P–21–0111A .. 4 05/18/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, heavy Refinery. catalytic cracked. P–21–0112A .. 3 05/12/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, light Refinery. hydrocracked. P–21–0112A .. 4 05/18/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, light Refinery. hydrocracked. P–21–0113A .. 3 05/12/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, Refinery. isomerization. P–21–0113A .. 4 05/18/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, Refinery. isomerization. P–21–0114A .. 3 05/12/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, heavy Refinery. catalytic reformed. P–21–0114A .. 4 05/18/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, heavy Refinery. catalytic reformed. P–21–0116A .. 3 05/18/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, Refinery. hydrotreated light. P–21–0117A .. 3 05/18/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, Refinery. hydrotreated light paraffinic. P–21–0118A .. 3 05/18/2021 Chevron EL Segundo (S) Chemical Intermediate ...... (G) Hydrocarbons linear and branched, light Refinery. catalytic cracked. P–21–0119A .. 3 05/18/2021 Chevron EL Segundo (S) Chemical intermediate ...... (G) Hydrocarbons linear and branched, heavy Refinery. hydrocracked.

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TABLE I—PMN/SNUN/MCANS APPROVED * FROM 05/01/2021 TO 05/31/2021—Continued

Received Case No. Version date Manufacturer Use Chemical substance

P–21–0120 .... 2 05/05/2021 Allnex USA Inc ...... (S) Pigment dispersant for pigment con- (G) 2-Alkenoic acid, 2-alkyl-, 2-hydroxyalkyl centrates and direct resin grind applica- ester, homopolymer, ester with N-[3- tions. [(carboxyamino)alkyl]-3,5,5- trialkylcycloalkyl]carbamic acid mono [2-(2- alkoxyethoxy)alkyl] ester, N-[3- [(carboxyamino)alkyl]-3,5,5-trialkylcycloalkyl] carbamic acid mono [2-(dialkylamino) alkyl] ester and 2-oxepanone polymer with tetrahydro-2H-pyran-2-one 2-alkylhexyl ester N-[3-(carboxyamino)alkyl phenyl] carbamate, 1,1-dialkylpropyl 2-alkylhexaneperoxoate—initi- ated. P–21–0121 .... 2 05/05/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, heavy Refinery. catalytic cracked. P–21–0121A .. 3 05/18/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, heavy Refinery. catalytic cracked. P–21–0122A .. 2 05/18/2021 Chevron EL Segundo (S) Chemical Intermediate ...... (G) Hydrocarbons linear and branched, heavy Refinery. hydrocracked. P–21–0123A .. 2 05/18/2021 Chevron EL Segundo (G) Component in fuels ...... (G) Hydrocarbons linear and branched, light Refinery. hydrocracked. P–21–0125 .... 2 05/05/2021 Shin-Etsu Microsi ...... (G) Contained use for microlithography for (S) Nonane, branched. electronic device manufacturing. P–21–0126 .... 1 04/30/2021 Allnex USA Inc ...... (S) Substance is incorporated as a compo- (G) Substituted heteromonocycle, polymer with nent in several allnex coating resin prod- haloalkyl substituted heteromonocycle, dialkyl- ucts that are only applied by Cathodic alkanediamine, (alkylalkylidene)bis[hydroxy- Electrodeposition (CED) and used as carbomonocycle] and oxybis[alkanol], reaction additives for corrosion protection. products with metal oxide and dialkanolamine. P–21–0128 .... 2 05/10/2021 Zschimmer&Schwarz .... (S) Material will be marketed and sold as (S) Fatty acids, C8–18 and C18-unsatd., mixed a base lubricant for 2 stroke engine oils, esters with C18-unsatd. fatty acid dimers, dec- 4 stroke engine oils, hydraulic fluids, anoic acid, octanoic acid and automotive gear oils and transmission trimethylolpropane. fluid formulations. P–21–0129 .... 1 05/04/2021 CBI ...... (G) Complexing agent ...... (G) Alkyl glycine dicarboxylic acid sodium salt. P–21–0130 .... 1 05/04/2021 CBI ...... (G) Photolithography ...... (G) Sulfonium, tricarbocyclic-, 2-[3,5- bis(haloalkyl)phenyl]-alpha, alpha, beta, beta- polyhalopolyhydro-2-alkyl-4,7-alkano-1,3- heteropolycyclic-5-alkanesulfonate (1:1). P–21–0131 .... 1 05/10/2021 CBI ...... (G) Photolithography ...... (G) Sulfonium, tricarbocyclic-, 2-(4- alkoxyhalocarbomonocyclic)-alpha, alpha, beta, beta-polyhalopolyhydro-4,7-methano-1,3- heteropolycyclic-5-alkanesulfonate (1:1). P–21–0134 .... 1 05/19/2021 CBI ...... (S) Photo initiator for adhesives,(S) photo (S) Methanone, 1,1′-(diethylgermylene)bis[1-(4- initiator. methoxyphenyl)-. P–21–0135 .... 1 05/20/2021 Allnex USA Inc ...... (S) Substance is a polymer in a coating (G) Alkenoic acid, allyl-, (dialkylamino)alkyl ester, additive for anti-scratch resistance. polymer with dialkyl-alkylene- alkanediyl)bis[carbomoncycle], alkylalkyl alkyl- alkenoate and alkanediol mono(2-alkyl- alkenoate), diazenediyl)bis[2-alkylalkanenitrile]- initiated. P–21–0136 .... 2 05/25/2021 Allnex USA Inc ...... (S) Coating additive for scratch resistance (G) Silica, alkoxy-modified. SN–21–0007 .. 1 05/11/2021 Evonik Corporation ...... (S) Absorption Agent,(S) Laboratory Rea- (S) 1,3-Propanediamine, N1,N1-dimethyl-N3- gent. (2,2,6,6-tetramethyl-4-piperidinyl)-. SN–21–0008 .. 2 05/25/2021 CBI ...... (G) Refrigerant ...... (S) 2-Butene, 1,1,1,4,4,4-hexafluoro-, (2Z)-. SN–21–0009 .. 2 05/25/2021 CBI ...... (G) Refrigerant ...... (S) 2-Butene, 1,1,1,4,4,4-hexafluoro-, (2E)-. * The term ‘Approved’ indicates that a submission has passed a quick initial screen ensuring all required information and documents have been provided with the submission prior to the start of the 90 day review period, and in no way reflects the final status of a complete submission review.

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

TABLE II—NOCS APPROVED * FROM 05/01/2021 TO 05/31/2021

If Amendment, Case No. Received date Commencement type of Chemical substance date amendment

J–21–0003 ..... 05/13/2021 04/16/2021 N ...... (G) Genetically modified saccharomyces cerevisiae. J–21–0005 ..... 05/11/2021 04/30/2021 N ...... (G) Modified saccharomyces cerevisiae. P–17–0360 ..... 05/05/2021 02/01/2021 N ...... (S) 2-propanol, 1-amino-,compd. with .alpha.-sulfo-.omega.- (decyloxy)poly(oxy-1,2-ethanediyl)(1:1).

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TABLE II—NOCS APPROVED * FROM 05/01/2021 TO 05/31/2021—Continued

If Amendment, Case No. Received date Commencement type of Chemical substance date amendment

P–17–0360A .. 05/05/2021 02/01/2021 Multiple (S) 2-propanol, 1-amino-,compd. with.alpha.-sulfo-.omega.- CASRN sub- (octyloxy)poly(oxy-1,2-ethanediyl)(1:1). mitted on single NOC. P–18–0041 ..... 05/07/2021 03/09/2021 N ...... (S) 2,5-furandione, polymer with 2-ethyl-2-(hydroxymethyl)-1,3- propanediol, 3a,4,5,6,7,7a-hexahydro-4,7-methano-1h-inden-5(or 6)-yl ester, ester with 2,3-dihydroxypropyl neodecanoate. P–18–0334 ..... 05/20/2021 04/22/2021 N ...... (S) Propanedioic acid, 1,3-dihexyl ester. P–18–0335 ..... 05/20/2021 04/22/2021 N ...... (S) Propanedioic acid, 1,3-dicyclohexyl ester. P–18–0336 ..... 05/25/2021 05/11/2021 N ...... (S) Propanedioic acid, 2,2-bis(hydroxymethyl)-, 1,3-dihexyl ester. P–18–0351 ..... 05/10/2021 05/04/2021 N ...... (G) Acrylic acid, tricyclo alkyl ester. P–20–0036 ..... 05/18/2021 05/14/2021 N ...... (S) Carbonic acid, di(lithium-6li) salt. P–20–0159 ..... 04/30/2021 04/06/2021 N ...... (G) Phenoxathiinium, 10-phenyl, 5-alkyl-2-alkyl-4-(2,4,6-substituted tri- carbomonocycle, hetero-acid)benzenesulfonate (1:1). P–21–0018 ..... 04/30/2021 04/06/2021 N ...... (G) Sulfonium, triphenyl-, heterocyclic compound-carboxylate (1:1). * The term ‘Approved’ indicates that a submission has passed a quick initial screen ensuring all required information and documents have been provided with the submission.

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

TABLE III—TEST INFORMATION RECEIVED FROM 05/01/2021 TO 05/31/2021

Case No. Received date Type of test information Chemical substance

P–16–0289 ...... 05/26/2021 Particle Size Analysis ...... (G) Semi-aromatic polyamide. P–16–0462 ...... 05/10/2021 Quarter 1 Metals Report ...... (G) Silane-treated aluminosilicate. P–16–0543 ...... 05/12/2021 Exposure Monitoring Report ...... (G) Halogenophosphoric acid metal salt. P–18–0160 ...... 05/20/2021 14-Day Range-Finding Study and Combined Re- (G) Heteropolycyclic, halo substituted alkyl peated Dose Toxicity Study with Reproductive-De- substituted- diaromatic amino substituted velopmental Toxicity Test. carbomonocycle, halo substituted alkyl substituted heteropolycyclic, tetraaromatic metalloid salt (1:1). P–20–0044 ...... 05/26/2021 Freshwater Algal Growth Inhibition Test (OECD Test (S) 1-propanamine, 3-methoxy-n,n-dimethyl. Guideline 201). P–20–0073 ...... 05/11/2021 Ready Biodegradability Manometric Respirometry (G) 2,5-furandione, reaction products with alkylamine, Tests (OECD Test Guideline 301F), Assessment of 1-octanol and polyethylene glycol alkoxy-ether, Aerobic Degradability in Seawater, Assessment of acetates (salts). the 10 day LC50 Toxicity to the Marine Crustacean Corophium Volutator (OSPARCOM Part A Meth- od), Assessment of the Toxicity to the Marine fish Cyprinodon Variegatus (OSPAR Limit Test), As- sessment of the 72 Hour EC(r)50 toxicity to the Marine Unicellular Algae Skeletonema sp., and Manufacture Process Description.

If you are interested in information ENVIRONMENTAL PROTECTION SUMMARY: In accordance with the that is not included in these tables, you AGENCY Comprehensive Environmental may contact EPA’s technical Response, Compensation and Liability information contact or general [EPA R09–2021–08; FRL–10024–41–Region Act of 1980, as amended (‘‘CERCLA’’), information contact as described under 9] notice is hereby given that the FOR FURTHER INFORMATION CONTACT to Environmental Protection Agency access additional non-CBI information Notice of Proposed CERCLA Section (‘‘EPA’’), has entered into a proposed that may be available. 122(h)(1) Settlement for Cost Recovery settlement, embodied in a CERCLA of Past Response Costs at the Santa Authority: 15 U.S.C. 2601 et seq. Section 122(h)(1) Settlement for Cost Clara Waste Water Treatment Plant Recovery (‘‘Settlement Agreement’’), Dated: June 9, 2021. Emergency Removal Site, Santa Paula, with Santa Clara Waste Water Company California Pamela Myrick, (‘‘SCWW’’). Under the Settlement Director, Project Management and Operations AGENCY: Environmental Protection Agreement, SCWW agrees to pay some Division, Office of Pollution Prevention and Agency (EPA). of EPA’s past response costs at the Santa Toxics. ACTION Clara Waste Water Treatment Plant [FR Doc. 2021–12504 Filed 6–14–21; 8:45 am] : Notice of proposed settlement; request for public comment. Emergency Removal Site, Santa Paula, BILLING CODE 6560–50–P

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California (‘‘Site’’) in Santa Paula, FEDERAL DEPOSIT INSURANCE Executive Secretary of the Corporation, California. CORPORATION at 202–898–8748. Dated at Washington, DC, on June 10, 2021. DATES: Comments must be received on Sunshine Act Meeting or before July 15, 2021. Federal Deposit Insurance Corporation. TIME AND DATE: 10:00 a.m. on Tuesday, James P. Sheesley, ADDRESSES: The proposed settlement June 15, 2021. Assistant Executive Secretary. agreement is available for public PLACE: The meeting is open to the [FR Doc. 2021–12589 Filed 6–11–21; 11:15 am] inspection at https://cumulis.epa.gov/ public. Out of an abundance of caution BILLING CODE 6714–01–P supercpad/cursites/ related to current and potential csitinfo.cfm?id=0900238. Comments on coronavirus developments, the public’s the Settlement Agreement should be means to observe this Board meeting DEPARTMENT OF HEALTH AND submitted in writing to Rebekah will be via a Webcast live on the HUMAN SERVICES Reynolds at [email protected]. internet and subsequently made Comments should reference the Santa available on-demand approximately one Centers for Disease Control and Clara Waste Water Treatment Plant week after the event. Visit http:// Prevention Emergency Removal Site and the EPA fdic.windrosemedia.com to view the [Docket No. CDC–2021–0060] Docket Number for the Settlement live event. Visit http:// Agreement, EPA R9–2021–08. If for any fdic.windrosemedia.com/index.php? Advisory Committee on Immunization reason you are not able to submit a category=FDIC+Board+Meetings after Practices (ACIP) comment by email, please contact Ms. the meeting. If you need any technical Reynolds at (415) 972–3916 to make assistance, please visit our Video Help AGENCY: Centers for Disease Control and alternative arrangements for submitting page at: https://www.fdic.gov/ Prevention (CDC), Department of Health your comment. EPA will post its video.html. and Human Services (HHS). response to any comments at https:// Observers requiring auxiliary aids ACTION: Notice of meeting and request response.epa.gov/site/site_ (e.g., sign language interpretation) for for comment. profile.aspx?site_id=9634, EPA’s this meeting should call 703–562–2404 SUMMARY: In accordance with the website for the Site. (Voice) or 703–649–4354 (Video Phone) to make necessary arrangements. Federal Advisory Committee Act, the FOR FURTHER INFORMATION CONTACT: Centers for Disease Control and STATUS: Open. Rebekah Reynolds, Assistant Regional Prevention (CDC), announces the MATTERS TO BE CONSIDERED: Pursuant to Counsel (ORC–3), Office of Regional following meeting of the Advisory the provisions of the ‘‘Government in Committee on Immunization Practices Counsel, U.S. EPA Region IX, 75 the Sunshine Act’’ (5 U.S.C. 552b), Hawthorne Street, San Francisco, CA (ACIP). This meeting is open to the notice is hereby given that the Federal public. The meeting will be webcast live 94105; Email: reynolds.rebekah@ Deposit Insurance Corporation’s Board epa.gov; Phone: (415) 972–3916. via the World Wide Web. Time will be of Directors will meet in open session to available for public comment. consider the following matters: SUPPLEMENTARY INFORMATION: Notice of DATES: The meeting will be held on June this proposed administrative settlement Summary Agenda 18, 2021, from 11:00 a.m. to 5:00 p.m., is made in accordance with Section EDT (dates and times subject to change), 122(i) of CERCLA. The Settlement No substantive discussion of the following items is anticipated. These see the ACIP website for updates: http:// Agreement concerns past response costs matters will be resolved with a single www.cdc.gov/vaccines/acip/index.html. incurred by EPA to perform oversight at vote unless a member of the Board of The public may submit written the Site. Under the Settlement Directors requests that an item be comments from June 15, 2021 through Agreement, SCWW agrees to pay EPA moved to the discussion agenda. June 18, 2021. $111,000 for past response costs. The Disposition of Minutes of a Board of ADDRESSES: You may submit comments, Settlement Agreement includes a Directors’ Meeting Previously identified by Docket No. CDC–2021– covenant not to sue SCWW for past Distributed. 0060 by any of the following methods: response costs pursuant to Section Memorandum and resolution re: Final • Federal eRulemaking Portal: 107(a) of CERCLA. EPA will consider all Policy Statement Regarding Minority https://www.regulations.gov. Follow the comments received on the Settlement Depository Institutions. instructions for submitting comments. Agreement in accordance with the Memorandum and resolution re: • Mail: Centers for Disease Control DATES and ADDRESSES sections of this Notice of Proposed Rulemaking on Real and Prevention, 1600 Clifton Road NE, Notice and may modify or withdraw its Estate Lending Standards. MS H24–8, Atlanta, Georgia 30329– consent to the Settlement Agreement if Status of report of actions taken 4027, Attn: June 18, 2021 ACIP Meeting. comments received disclose facts or pursuant to authority delegated by the Instructions: All submissions received considerations that indicate that the Board of Directors. must include the Agency name and Docket Number. All relevant comments settlement is inappropriate, improper, Discussion Agenda or inadequate. received in conformance with the Memorandum and resolution re: https://www.regulations.gov suitability Dated: June 7, 2021. Establishment of the FDIC Advisory policy will be posted without change to Enrique Manzanilla, Council on Innovation. https://www.regulations.gov, including Director, Superfund Division, EPA Region 9. Briefing: Restoration Plan Semiannual any personal information provided. For [FR Doc. 2021–12459 Filed 6–14–21; 8:45 am] Update. access to the docket to read background BILLING CODE 6560–50–P CONTACT PERSON FOR MORE INFORMATION: documents or comments received, go to Requests for further information https://www.regulations.gov. concerning the meeting may be directed FOR FURTHER INFORMATION CONTACT: to Ms. Debra A. Decker, Deputy Stephanie Thomas, ACIP Committee

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Management Specialist, Centers for posted on https://www.regulations.gov. Prevention and the Agency for Toxic Disease Control and Prevention, Therefore, do not include any Substances and Disease Registry. National Center for Immunization and information in your comment or Kalwant Smagh, Respiratory Diseases, 1600 Clifton Road supporting materials that you consider NE, MS–H24–8, Atlanta, Georgia 30329– Director, Strategic Business Initiatives Unit, confidential or inappropriate for public Office of the Chief Operating Officer, Centers 4027; Telephone: (404) 639–8367; disclosure. If you include your name, for Disease Control and Prevention. Email: [email protected]. contact information, or other [FR Doc. 2021–12578 Filed 6–11–21; 11:15 am] SUPPLEMENTARY INFORMATION: In information that identifies you in the BILLING CODE 4163–18–P accordance with 41 CFR 102–3.150(b), body of your comments, that less than 15 calendar days’ notice is information will be on public display. being given for this meeting due to the CDC will review all submissions and DEPARTMENT OF HEALTH AND exceptional circumstances of the may choose to redact, or withhold, HUMAN SERVICES COVID–19 pandemic and rapidly submissions containing private or evolving COVID–19 vaccine proprietary information such as Social Centers for Medicare & Medicaid development and regulatory processes. Security numbers, medical information, Services The Secretary of Health and Human inappropriate language, or duplicate/ [CMS–1757–N] Services has determined that COVID–19 near duplicate examples of a mass-mail is a Public Health Emergency. A notice campaign. CDC will carefully consider Medicare Program; Virtual Public of this ACIP meeting has also been all comments submitted into the docket. Meetings in July 2021 for New posted on CDC’s ACIP website at: http:// Revisions to the Healthcare Common www.cdc.gov/vaccines/acip/index.html. Written Public Comment: Written comments must be received on or before Procedure Coding System (HCPCS) In addition, CDC has sent notice of this Code Set ACIP meeting by email to those who June 18, 2021. subscribe to receive email updates about Oral Public Comment: This meeting AGENCY: Centers for Medicare & ACIP. will include time for members of the Medicaid Services (CMS), Department Purpose: The committee is charged public to make an oral comment. Oral of Health and Human Services (HHS). with advising the Director, CDC, on the public comment will occur before any ACTION: Notice. use of immunizing agents. In addition, scheduled votes including all votes under 42 U.S.C. 1396s, the committee is relevant to the ACIP’s Affordable Care SUMMARY: This notice announces the mandated to establish and periodically Act and Vaccines for Children Program dates and times of virtual Healthcare review and, as appropriate, revise the roles. Priority will be given to Common Procedure Coding System list of vaccines for administration to individuals who submit a request to (HCPCS) public meetings to be held in July 2021 to discuss our preliminary vaccine-eligible children through the make an oral public comment before the coding recommendations for new Vaccines for Children (VFC) program, meeting according to the procedures revisions to the HCPCS Level II code set. along with schedules regarding dosing below. interval, dosage, and contraindications DATES: Virtual Meeting Dates: to administration of vaccines. Further, Procedure for Oral Public Comment: Wednesday, July 7, 2021, 9 a.m. to 5 under provisions of the Affordable Care All persons interested in making an oral p.m., eastern daylight time (e.d.t.), Act, section 2713 of the Public Health public comment at the June 18, 2021, Thursday, July 8, 2021, 9 a.m. to 5 p.m., Service Act, immunization ACIP meeting must submit a request at e.d.t., and Friday, July 9, 2021, 9 a.m. recommendations of the ACIP that have http://www.cdc.gov/vaccines/acip/ to 5 p.m. e.d.t. been approved by the Director of the meetings/ no later than 11:59 p.m., EDT, Deadline for Primary Speaker Centers for Disease Control and June 16, 2021, according to the Registration and Presentation Materials: Prevention and appear on CDC instructions provided. The deadline for registering to be a immunization schedules must be If the number of persons requesting to primary speaker, and submitting covered by applicable health plans. speak is greater than can be reasonably materials that will be used in support of Matters To Be Considered: The agenda accommodated during the scheduled an oral presentation is 5 p.m., e.d.t., will include discussions on COVID–19 time, CDC will conduct a lottery to Friday, June 25, 2021. vaccine safety and booster doses. determine the speakers for the Deadline for 5-Minute Speakers Agenda items are subject to change as scheduled public comment session. Registration: The deadline for priorities dictate. For more information CDC staff will notify individuals registering to be a 5-Minute speaker is on the meeting agenda visit https:// regarding their request to speak by email 5 p.m., e.d.t., Friday, June 25 2021. Deadline for Registration for all Other www.cdc.gov/vaccines/acip/meetings/ by 12:00 p.m., EDT, June 17, 2021. To Attendees: All individuals who plan to meetings-info.html. accommodate the significant interest in attend the virtual public meetings to Meeting Information: The meeting participation in the oral public listen, but are not registering as a will be webcast live via the World Wide comment session of ACIP meetings, primary or 5-minute speaker, may Web; for more information on ACIP each speaker will be limited to 3 simply join the virtual meeting on the please visit the ACIP website: http:// minutes, and each speaker may only date that they plan to attend, using the www.cdc.gov/vaccines/acip/index.html. speak once per meeting. meeting link specified for that meeting Public Participation The Director, Strategic Business date. A ‘‘raise your hand’’ feature will Interested persons or organizations Initiatives Unit, Office of the Chief be available to ask questions. A meeting are invited to participate by submitting Operating Officer, Centers for Disease link for each public meeting date will be written views, recommendations, and Control and Prevention, has been posted in advance of the public data. Please note that comments delegated the authority to sign Federal meetings on CMS’ HCPCS website at received, including attachments and Register notices pertaining to https://www.cms.gov/Medicare/Coding/ other supporting materials, are part of announcements of meetings and other MedHCPCSGenInfo. the public record and are subject to committee management activities, for Deadline for Requesting Special public disclosure. Comments will be both the Centers for Disease Control and Accommodations: Individuals who plan

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to participate in the virtual public all speakers to follow the protocols for application in a subsequent quarterly meetings and require special assistance participation as a speaker in CMS’ cycle. must request these services by 5 p.m., HCPCS public meetings as detailed in II. Virtual Meeting Registration e.d.t., Friday, June 25, 2021. this document. Deadline for Submission of Written Guidelines for 5-Minute Speakers: All Due to the ‘‘Notice of the Comments: To be considered in registered 5-minute speakers will be Continuation of the National Emergency formulating a final coding decision, emailed a participant ID for their Concerning the Coronavirus Disease written comments and other individual use to join the meeting, in 2019 (COVID–19) Pandemic’’ 1 issued documentation must be received by 5 advance of the virtual meeting. Detailed on February 24, 2021 there will not be p.m., e.d.t., on the date of the virtual information pertaining to registering to an in-person meeting. The July 7 public meeting at which the applicable participate via Zoom, including dial-in through July 9, 2021 HCPCS public code request is scheduled for information for 5-minute speakers, will meetings will be virtual and available discussion. be provided in a document posted on for remote audio attendance and participation only via Zoom. ADDRESSES: CMS’ HCPCS website at https:// Virtual Meeting Location: The July 7 www.cms.gov/Medicare/Coding/ A. Required Information for Registration through 9, 2021 HCPCS public meetings MedHCPCSGenInfo/HCPCSPublic Meetings prior to the HCPCS public The following information must be will be held virtually via Zoom only. provided when registering online to Detailed information pertaining to meeting. We encourage all speakers to follow the protocols for participation as attend: registering to participate via Zoom, • Name. including dial-in information for a speaker in CMS’ HCPCS public • meetings as detailed in this document. Company name and address. primary speakers, 5-minute speakers, • Direct-dial telephone. Guidelines for All Other Attendees: A and all other attendees, will be provided • Email address. ‘‘raise your hand’’ feature will be in a document posted prior to the • Any special accommodation available to ask questions. A meeting HCPCS public meeting on CMS’ HCPCS requests. link for each public meeting date will be website at https://www.cms.gov/ A CMS staff member will confirm posted in advance of the public Medicare/Coding/MedHCPCSGenInfo/ your registration by email. HCPCSPublicMeetings. meetings on CMS’ HCPCS website at Written Comments: As part of CMS’ https://www.cms.gov/Medicare/Coding/ B. Registration Process MedHCPCSGenInfo. response to the COVID–19 public health 1. Primary Speakers emergency (PHE), written comments I. Background from the general public and meeting Individuals must also indicate registrants will only be accepted when On December 21, 2000, Congress whether they are the ‘‘primary speaker’’ emailed to HCPCS_Level_II_Code_ passed the Medicare, Medicaid, and for an agenda item. Primary speakers [email protected] before 5 SCHIP Benefits Improvement and must be designated by the entity that p.m., e.d.t., on the date of the virtual Protection Act of 2000 (BIPA) (Pub. L. submitted the HCPCS coding request. public meeting at which a request is 106–554). Section 531(b) of BIPA When registering, primary speakers discussed. mandated that we establish procedures must provide a brief written statement that permit public consultation for regarding the nature of the information FOR FURTHER INFORMATION CONTACT: Irina coding and payment determinations for they intend to provide and regarding Akelaitis, (410) 786–4602, or new durable medical equipment (DME) any needs for audio/visual support and [email protected]; Felicia under Medicare Part B of title XVIII of email it to HCPCS_Level_II_Code_ Kyeremeh, (410) 786–1898, or the Social Security Act (the Act). In the [email protected]. Speaker [email protected]; Sundus November 23, 2001 Federal Register (66 PowerPoint files are tested and arranged Ashar, (410) 786–0750, or FR 58743), we published a notice in speaker sequence well in advance of [email protected]; William providing information regarding the the meeting. We will accept emailed Walker, (410) 786–5023, or establishment of the public meeting PowerPoint files that are received by the [email protected]; process for DME. The procedures and deadline for submissions of presentation Constantine Markos, (410) 786–0911, public meetings announced in that materials as specified in the DATES [email protected]; or section of this notice. Materials will _ _ _ _ notice for new DME were in response to HCPCS Level II Code Applications@ the mandate of section 531(b) of BIPA. only be accepted when emailed to cms.hhs.gov. As of 2020, we implemented changes HCPCS_Level_II_Code_Applications@ SUPPLEMENTARY INFORMATION: to our HCPCS coding procedures that cms.hhs.gov. Due to the timeframe for Guidelines for Presentation Materials enable quarterly coding cycles for drugs planning and coordination of the and Primary Speakers: There is a 10- and biological products, and bi-annual HCPCS public meetings under CMS’ page submission limit for any coding cycles for non-drug and non- shorter and more frequent coding cycles presentation materials. All registered biological items and services. To that started in 2020, late submissions primary speakers will be emailed a achieve the time savings necessary to and updates of materials after our participant ID for their individual use to implement coding for the vast majority deadline cannot be accommodated. join the meeting, in advance of the of drugs and biological products on a All presentation materials and virtual meeting. Detailed information quarterly cycle, as a general matter, we additional supporting documentation pertaining to registering to participate will not be conducting public meetings should not exceed 10 pages (each side via Zoom, including dial-in information for coding decisions on drugs and of a page counts as 1 page). An for primary speakers, will be provided biological products. For the 2021 coding exception will be made to the 10-page in a document posted on CMS’ HCPCS cycles, for drug and biological code website at https://www.cms.gov/ applicants who are dissatisfied with 1 https://www.whitehouse.gov/briefing-room/ presidential-actions/2021/02/24/notice-on-the- Medicare/Coding/MedHCPCSGenInfo/ CMS’ coding decision in a quarterly continuation-of-the-national-emergency- HCPCSPublicMeetings prior to the coding cycle, we provide them an concerning-the-coronavirus-disease-2019-covid-19- HCPCS public meeting. We encourage opportunity to resubmit their pandemic/.

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limit only for relevant studies newly conclusions to HCPCS_Level_II_Code_ Dated: June 9, 2021. published between the application [email protected]. Lynette Wilson, deadline and the virtual public meeting Federal Register Liaison, Centers for Medicare date, in which case, we request a copy C. Additional Virtual Meeting/ & Medicaid Services. of the complete publication be emailed Registration Information [FR Doc. 2021–12453 Filed 6–11–21; 8:45 am] _ _ _ as soon as possible to HCPCS Level II Prior to registering to attend a virtual BILLING CODE 4120–01–P [email protected]. This public meeting, all participants are exception applies only to the page limit advised to review the public meeting and not the submission deadline. DEPARTMENT OF HEALTH AND Fifteen minutes is the total time agendas at https://www.cms.gov/ HUMAN SERVICES interval for the presentation. In Medicare/Coding/MedHCPCSGenInfo/ establishing the public meeting agenda, HCPCSPublicMeetings which identify Administration for Children and we may group multiple, related requests our preliminary coding Families under the same agenda item. In that recommendations, and the dates each case, we will decide whether additional item will be discussed. All participants Proposed Information Collection time will be allotted, and may opt to and other stakeholders are encouraged Activity; Tribal Maternal, Infant, and increase the amount of time allotted to to regularly check CMS’ official HCPCS Early Childhood Home Visiting the primary speaker. website at https://www.cms.gov/ Program: Guidance for Submitting an Annual Report to the Secretary (OMB Every primary speaker must declare at Medicare/Coding/MedHCPCSGenInfo/ #0970–0409) the beginning of their presentation at HCPCSPublicMeetings for publication of the meeting, as well as in their written draft agendas, including a summary of AGENCY: Office of Child Care, summary, whether they have any each request and our preliminary Administration for Children and financial involvement with the recommendations. Families, HHS. manufacturers or competitors of any ACTION: Request for public comment. items being discussed; this includes any CMS’ official HCPCS website will payment, salary, remuneration, or include additional details regarding the SUMMARY: The Administration for benefit provided to that speaker by the public meeting process for new Children and Families (ACF), Office of manufacturer or the manufacturer’s revisions to the HCPCS code set, Child Care (OCC) is requesting a 3-year representatives. including information on how to join extension of the Tribal Maternal, Infant, On the day of the virtual meeting, the meeting remotely, and guidelines for and Early Childhood Home Visiting before the end of the meeting, all an effective presentation. Individuals (MIECHV) Program: Guidance for primary speakers must email a brief who intend to provide a presentation at Submitting an Annual Report to the written summary of their comments and a virtual public meeting are encouraged Secretary (OMB #0970–0409; expiration conclusions to HCPCS_Level_II_Code_ to familiarize themselves with the 9/30/2021). There are minor updates to [email protected]. HCPCS website and the valuable the annual guidance which reflects a 2. 5-Minute Speakers information it provides to prospective change in timing for the due date of the registrants. The HCPCS website also final report. The deadline for registering to be a 5- contains a document titled ‘‘Healthcare DATES: Comments due within 60 days of minute speaker is noted in the DATES Common Procedure Coding System publication. In compliance with the section of this notice. Individuals must (HCPCS) Level II Coding Procedures,’’ requirements of the Paperwork provide their name, company name and which is a description of the HCPCS Reduction Act of 1995, ACF is soliciting address, and contact information as public comment on the specific aspects specified in the instructions for remote coding process, including a detailed explanation of the procedures CMS uses of the information collection described participation, and identify the specific above. agenda item that they will address. to make coding determinations for the Based on the number of items on the items and services that are coded in the ADDRESSES: Copies of the proposed agenda and the progress of the meeting, HCPCS. collection of information can be a determination will be made by the obtained and comments may be III. Written Comments From Meeting forwarded by emailing infocollection@ meeting coordinator and the meeting Attendees moderator regarding how many 5- acf.hhs.gov. Alternatively, copies can minute speakers can be accommodated As part of CMS’ response to the also be obtained by writing to the and whether the 5-minute allocation COVID–19 PHE, written comments from Administration for Children and would be reduced to accommodate the the general public and meeting Families, Office of Planning, Research, number of speakers. registrants will only be accepted when and Evaluation (OPRE), 330 C Street Every 5-minute speaker must declare emailed to HCPCS_Level_II_Code_ SW, Washington, DC 20201, Attn: ACF Reports Clearance Officer. All requests, at the beginning of their presentation at [email protected] before 5 emailed or written, should be identified the meeting, as well as in their written p.m., e.d.t., on the date of the virtual by the title of the information collection. summary, whether they have any public meeting at which a request is SUPPLEMENTARY INFORMATION: financial involvement with the discussed. manufacturers or competitors of any Description: Section 511(e)(8)(A) of Title items being discussed; this includes any The Administrator of the Centers for V of the Social Security Act requires payment, salary, remuneration, or Medicare & Medicaid Services (CMS), that grantees under the MIECHV benefit provided to that speaker by the Chiquita Brooks-LaSure, having program for states and jurisdictions manufacturer or the manufacturer’s reviewed and approved this document, submit an annual report to the Secretary representatives. authorizes Lynette Wilson, who is the of Health and Human Services regarding On the day of the virtual meeting, Federal Register Liaison, to the program and activities carried out before the end of the meeting, all 5- electronically sign this document for under the program, including such data minute speakers must email a brief purposes of publication in the Federal and information as the Secretary shall written summary of their comments and Register. require. Section 511(h)(2)(A) further

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states that the requirements for the activities to build the knowledge base • Update on Rigorous Evaluation MIECHV grants to tribes, tribal on home visiting among Native Activities organizations, and urban Indian populations. • Home Visiting Program Continuous organizations are to be consistent, to the After the first grant year, Tribal Home Quality Improvement (CQI) Efforts greatest extent practicable, with the Visiting grantees must comply with the • Update on dissemination activities requirements for grantees under the requirement to submit an Annual Report • Administration of Home Visiting MIECHV program for states and to the Secretary that should feature Program jurisdictions. activities carried out under the program • Technical Assistance Needs OCC, in collaboration with the Health during the past reporting period, and a Previously, the guidance included Resources and Services Administration, final report to the Secretary during the information about both the annual and Maternal and Child Health Bureau final year of their grant. To assist the final reports from grantees. This awarded grants for the Tribal MIECHV grantees with meeting these extension request includes updates to Program (Tribal Home Visiting) to requirements, ACF created guidance for the guidance to make it specific to just support cooperative agreements to grantees to use when writing their the annual reports. Guidance specific to conduct community needs assessments; reports. The guidance specifies that the final report will be submitted for plan for and implement high-quality, grantees must address the following: review and approval by OMB in the culturally-relevant, evidence-based • Update on Home Visiting Program future. A comment period will home visiting programs in at-risk tribal Goals and Objectives accompany that request. communities; establish, measure, and • Update on the Implementation of Respondents: Tribal Home Visiting report on progress toward meeting Home Visiting Program in Targeted Managers (information collection does performance measures in six Community(ies) not include direct interaction with legislatively-mandated benchmark • Progress toward Meeting Legislatively individuals or families that receive the areas; and conduct rigorous evaluation Mandated Benchmark Requirements services).

ANNUAL BURDEN ESTIMATES

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

Annual Report to the Secretary ...... 23 1 25 575

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND electronic filing system will accept Hours: 575. HUMAN SERVICES comments until 11:59 p.m. Eastern Time Comments: The Department at the end of September 13, 2021. Food and Drug Administration specifically requests comments on (a) Comments received by mail/hand whether the proposed collection of [Docket No. FDA–2020–N–2319] delivery/courier (for written/paper information is necessary for the proper submissions) will be considered timely if they are postmarked or the delivery performance of the functions of the Evaluation of Study Data Exchange Standards for Submission of Study service acceptance receipt is on or agency, including whether the Data to the Center for Veterinary before that date. information shall have practical utility; Medicine; Request for Comments (b) the accuracy of the agency’s estimate Electronic Submissions of the burden of the proposed collection AGENCY: Food and Drug Administration, of information; (c) the quality, utility, HHS. Submit electronic comments in the following way: and clarity of the information to be ACTION: Notice; request for comments. collected; and (d) ways to minimize the • Federal eRulemaking Portal: burden of the collection of information SUMMARY: The Food and Drug https://www.regulations.gov. Follow the on respondents, including through the Administration (FDA, the Agency, or instructions for submitting comments. use of automated collection techniques we) is soliciting comments on the use of Comments submitted electronically, or other forms of information study data exchange standards from including attachments, to https:// persons involved in study conduct, data technology. Consideration will be given www.regulations.gov will be posted to collection, data management, and to comments and suggestions submitted the docket unchanged. Because your submission of animal study data within 60 days of this publication. comment will be made public, you are intended to support the approval of new solely responsible for ensuring that your Authority: Title V of the Social Security animal drug applications, abbreviated comment does not include any Act, sections 511(e)(8)(A) and 511(h)(2)(A). new animal drug applications, or confidential information that you or a applications for conditional approval. John M. Sweet, Jr., third party may not wish to be posted, DATES: Submit either electronic or ACF/OPRE Certifying Officer. such as medical information, your or written comments on the notice by anyone else’s Social Security number, or [FR Doc. 2021–12464 Filed 6–14–21; 8:45 am] September 13, 2021. confidential business information, such BILLING CODE 4184–43–P ADDRESSES: You may submit comments as a manufacturing process. Please note as follows. Please note that late, that if you include your name, contact untimely filed comments will not be information, or other information that considered. Electronic comments must identifies you in the body of your be submitted on or before September 13, comments, that information will be 2021. The https://www.regulations.gov posted on https://www.regulations.gov.

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• If you want to submit a comment of comments to public dockets, see 80 As part of our continued effort to with confidential information that you FR 56469, September 18, 2015, or access modernize our information technology do not wish to be made available to the the information at: https:// systems and improve efficiency, we public, submit the comment as a www.govinfo.gov/content/pkg/FR-2015- have transitioned to an electronic data written/paper submission and in the 09-18/pdf/2015-23389.pdf. format for submission of study data for manner detailed (see ‘‘Written/Paper Docket: For access to the docket to regulatory review. Currently, CVM does Submissions’’ and ‘‘Instructions’’). read background documents or the not require or suggest study data exchange standards for such Written/Paper Submissions electronic and written/paper comments received, go to https:// submissions. Study data standards are Submit written/paper submissions as www.regulations.gov and insert the sets of rules on how particular types of follows: data should be structured, defined, • docket number, found in brackets in the Mail/Hand Delivery/Courier (for heading of this document, into the formatted, or exchanged between written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts computer systems. The lack of Management Staff (HFA–305), Food and and/or go to the Dockets Management uniformity of submitted electronic data Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, files and the inconsistent use of Lane, Rm. 1061, Rockville, MD 20852. terminology across submissions • Rockville, MD 20852, 240–402–7500. For written/paper comments impedes efficiency and complicates our FOR FURTHER INFORMATION CONTACT: submitted to the Dockets Management efforts to display, evaluate, and validate Charles Andres, Center for Veterinary Staff, FDA will post your comment, as the data using advanced review and Medicine (HFV–180), Food and Drug well as any attachments, except for analysis tools. The use of study data Administration, 7500 Standish Place, information submitted, marked and exchange standards would improve the Rockville, MD 20855, 240–402–0653, identified, as confidential, if submitted clarity and consistency of our [email protected]. as detailed in ‘‘Instructions.’’ expectations regarding submission of Instructions: All submissions received SUPPLEMENTARY INFORMATION: electronic data files. Additionally, the must include the Docket No. FDA- I. Background conformance to standardized study data 2020–N–2319 for ‘‘Evaluation of Study format is now being encouraged and Data Exchange Standards for For new animal drug applications implemented in other parts of the FDA.2 Submission of Study Data to the Center (NADAs), the FDA requires full reports Study data exchange standards for Veterinary Medicine.’’ Received of investigations that have been provide a consistent general framework comments, those filed in a timely conducted to show a new animal drug for organizing study data, including manner (see ADDRESSES), will be placed is safe and effective for use (section templates for datasets, standard or in the docket and, except for those 512(b)(1)(A) of the Federal Food, Drug, controlled terminology for variables, submitted as ‘‘Confidential and Cosmetic Act (FD&C Act) (21 U.S.C. and standard calculations for common Submissions,’’ publicly viewable at 360b(b)(1)(A))). Additionally, section variables. The Clinical Data Interchange https://www.regulations.gov or at the 512(n)(1)(E) of the FD&C Act (21 U.S.C. Standards Consortium (CDISC) is an Dockets Management Staff between 9 360b(n)(1)(E)) requires that abbreviated open, multidisciplinary, nonprofit a.m. and 4 p.m., Monday through applications for the approval of a new organization that has established Friday, 240–402–7500. animal drug (ANADAs) contain • worldwide industry standards to Confidential Submissions—To information to show that the generic support the electronic acquisition, submit a comment with confidential new animal drug is bioequivalent to the exchange, submission, and archiving of information that you do not wish to be approved new animal drug. FDA also is clinical trial data and metadata for made publicly available, submit your authorized to grant conditional approval medical and biopharmaceutical product comments only as a written/paper to certain new animal drugs. An development.3 CDISC facilitates the submission. You should submit two application for conditional approval development of study data exchange copies total. One copy will include the must contain full reports of standards as part of a collaboration information you claim to be confidential investigations that have been conducted involving multiple member with a heading or cover note that states to show that the new animal drug is safe organizations, including FDA. Two ‘‘THIS DOCUMENT CONTAINS and that there is a reasonable study data exchange standards CONFIDENTIAL INFORMATION.’’ The expectation of effectiveness. (See developed by CDISC that CVM is Agency will review this copy, including section 571(a)(2)(B) of the FD&C Act (21 exploring for potential use are the the claimed confidential information, in U.S.C. 360ccc(a)(2)(B)).) 1 In addition to Standard for Exchange of Nonclinical its consideration of comments. The the reports of animal studies conducted Data (SEND), a data model developed to second copy, which will have the to support the safety and effectiveness support the exchange of nonclinical claimed confidential information of a new animal drug, copies of the tabulated datasets for toxicology studies redacted/blacked out, will be available underlying study data are submitted to conducted in animals, and the Study for public viewing and posted on FDA’s Center for Veterinary Medicine Data Tabulation Model (SDTM), a model https://www.regulations.gov. Submit (CVM). for exchange of human clinical study both copies to the Dockets Management data. FDA accepts both SEND and Staff. If you do not wish your name and 1 Conditional approval allows a sponsor to begin SDTM study data exchange standards contact information to be made publicly marketing a new animal drug after demonstrating for use in regulatory submissions. available, you can provide this the safety of the product and that there is a We are inviting comments on the use information on the cover sheet and not reasonable expectation of effectiveness, while the sponsor continues to collect the evidence of of study data exchange standards from in the body of your comments and you effectiveness needed for the product to receive full persons involved in study conduct, data must identify this information as approval under section 512 of the FD&C Act (21 collection, data management, and ‘‘confidential.’’ Any information marked U.S.C. 360b) (i.e., substantial evidence of submission of animal study data as ‘‘confidential’’ will not be disclosed effectiveness). Conditional approval is valid for 1 year and can be renewed by FDA annually for up except in accordance with 21 CFR 10.20 to a total of 5 years, if the sponsor shows sufficient 2 https://www.fda.gov/industry/fda-resources- and other applicable disclosure law. For progress towards demonstrating substantial data-standards. more information about FDA’s posting evidence of effectiveness. 3 http://www.cdisc.org.

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intended to support the approval of DEPARTMENT OF HEALTH AND SUMMARY: The Food and Drug NADAs, ANADAs, or applications for HUMAN SERVICES Administration (FDA or Agency) is conditional approval (for example, announcing that it has received a animal drug sponsor, test facility, Food and Drug Administration petition requesting exemption from the developer, vendor, user of electronic premarket notification requirements for [Docket No. FDA–2021–N–0390] data capture (EDC) and data the generic device type, powered patient visualization software, or study data Lederle Laboratories et al.; Withdrawal transport, all other powered patient quality control (QC) and quality of Approval of 12 Abbreviated New transport. These devices are motorized assurance (QA) specialist). Drug Applications; Correction devices used to mitigate mobility impairment caused by injury or other II. Other Issues for Consideration AGENCY: Food and Drug Administration, disease by moving a person from one CVM seeks to continuously enhance HHS. location or level to another, such as up review efficiency and interactions with ACTION: Notice; correction. and down flights of stairs. This device the animal health industry. As part of type does not include motorized three- our continued effort to engage with the SUMMARY: The Food and Drug wheeled vehicles or wheelchairs, and is animal health industry, we are Administration (FDA) is correcting a distinct from the device type, powered interested in understanding more about notice that appeared in the Federal patient transport, powered patient the experiences and familiarity of those Register on May 12, 2021. The stairway chair lifts, which is classified involved in animal drug development document announced the withdrawal of separately within the same regulation. with the use of data exchange standards. approval of 12 abbreviated new drug FDA is publishing this notice to obtain We specifically request public comment applications (ANDAs) from multiple comments in accordance with regarding the questions below. When applicants, withdrawn as of June 11, procedures established by the Federal submitting comments, it would help us 2021. The document indicated that FDA Food, Drug, and Cosmetic Act (FD&C if commenters would identify their was withdrawing the approval of ANDA Act). 060164, Nystatin Ointment, held by animal health industry sector (for DATES: Submit either electronic or Lederle Laboratories. However, the example, animal drug sponsor, test written comments by August 16, 2021. document published with an incorrect facility, developer, vendor, user of EDC ADDRESSES: You may submit comments and data visualization software, or study application number for this product. This document corrects that error. as follows. Please note that late, data QC and QA specialist). We will untimely filed comments will not be FOR FURTHER INFORMATION CONTACT: consider the comments as we evaluate considered. Electronic comments must the potential use of study data exchange Martha Nguyen, Center for Drug be submitted on or before August 16, standards for animal studies submitted Evaluation and Research, Food and 2021. The https://www.regulations.gov as part of the new animal drug approval Drug Administration, 10903 New electronic filing system will accept process. Hampshire Ave., Bldg. 75, Rm. 1676, comments until 11:59 p.m. Eastern Time 1. Which study data exchange Silver Spring, MD 20993–0002, 240– at the end of August 16, 2021. standards are you currently using, if 402–6980, [email protected]. Comments received by mail/hand any, for the submission of study data to SUPPLEMENTARY INFORMATION: In the delivery/courier (for written/paper CVM; and which tools do you use to Federal Register of Wednesday, May 12, submissions) will be considered timely review, analyze, or validate the study 2021 (86 FR 26058), appearing on page if they are postmarked or the delivery data? 26058 in FR Doc. 2021–09980, the service acceptance receipt is on or following correction is made: 2. If study data exchange standards before that date. On page 26058, in the first column, in are included as part of your study data the first line in the table, the application Electronic Submissions management process, when are they number ‘‘060164’’ is corrected to read incorporated (for example, in protocol Submit electronic comments in the ‘‘061064’’. development, EDC database and case following way: • Federal eRulemaking Portal: report form development, post-study Dated: June 8, 2021. https://www.regulations.gov. Follow the processing)? Lauren K. Roth, instructions for submitting comments. 3. What are the potential benefits or Acting Principal Associate Commissioner for Policy. Comments submitted electronically, anticipated challenges to the animal including attachments, to https:// [FR Doc. 2021–12557 Filed 6–14–21; 8:45 am] health industry of harmonizing CVM’s www.regulations.gov will be posted to data exchange standards expectations BILLING CODE 4164–01–P the docket unchanged. Because your with other FDA Centers’ expectations? comment will be made public, you are 4. What can CVM do to help industry DEPARTMENT OF HEALTH AND solely responsible for ensuring that your to be more prepared for, or to reduce the HUMAN SERVICES comment does not include any burden of implementing, the use of confidential information that you or a study data exchange standards? Food and Drug Administration third party may not wish to be posted, 5. What other comments do you have such as medical information, your or [Docket No. FDA–2021–N–0493] regarding the use of study data exchange anyone else’s Social Security number, or confidential business information, such standards for submission of study data Medical Devices; Exemption From to CVM? as a manufacturing process. Please note Premarket Notification: Powered that if you include your name, contact Dated: June 8, 2021. Patient Transport, All Other Powered information, or other information that Lauren K. Roth, Patient Transport identifies you in the body of your Acting Principal Associate Commissioner for AGENCY: Food and Drug Administration, comments, that information will be Policy. HHS. posted on https://www.regulations.gov. [FR Doc. 2021–12503 Filed 6–14–21; 8:45 am] • If you want to submit a comment ACTION: Notice. BILLING CODE 4164–01–P with confidential information that you

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do not wish to be made available to the the information at: https:// section 510(k) of the FD&C Act, upon its public, submit the comment as a www.govinfo.gov/content/pkg/FR-2015- own initiative or receipt of a petition written/paper submission and in the 09-18/pdf/2015-23389.pdf. from an interested person, if FDA manner detailed (see ‘‘Written/Paper Docket: For access to the docket to determines that a report under section Submissions’’ and ‘‘Instructions’’). read background documents or the 510(k) is not necessary to assure the electronic and written/paper comments safety and effectiveness of the device. Written/Paper Submissions received, go to https:// To do so, FDA must publish in the Submit written/paper submissions as www.regulations.gov and insert the Federal Register notice of its intent to follows: docket number, found in brackets in the exempt the device, or the petition, and • Mail/Hand Delivery/Courier (for heading of this document, into the provide a 60-calendar day period for written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts public comment. Within 120 days after Management Staff (HFA–305), Food and and/or go to the Dockets Management the issuance of this notice, FDA must Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, publish an order in the Federal Register Lane, Rm. 1061, Rockville, MD 20852. that sets forth its final determination • Rockville, MD 20852, 240–402–7500. For written/paper comments regarding the exemption of the device submitted to the Dockets Management FOR FURTHER INFORMATION CONTACT: Dan Reed, Center for Devices and that was the subject of the notice. If FDA Staff, FDA will post your comment, as fails to respond to a petition under this well as any attachments, except for Radiological Health, Food and Drug Administration, 10903 New Hampshire section within 180 days of receiving it, information submitted, marked and the petition shall be deemed granted. identified, as confidential, if submitted Ave., Bldg. 66, Rm. 1526, Silver Spring, MD 20993–0002, 240–402–4717. The generic device type, powered as detailed in ‘‘Instructions.’’ patient transport is classified under Instructions: All submissions received SUPPLEMENTARY INFORMATION: § 890.5150 (21 CFR 890.5150). On must include the Docket No. FDA– I. Regulatory Background March 4, 2013, in response to a petition, 2021–N–0493 for ‘‘Medical Devices; FDA created a separate classification for Under section 513 of the FD&C Act Exemption from Premarket Notification: powered patient stairway chair lifts (21 U.S.C. 360c), FDA classifies devices Powered Patient Transport, All Other (§ 890.5150(a)), providing a conditional Powered Patient Transport.’’ Received into one of three regulatory classes: exemption from premarket notification comments, those filed in a timely Class I, class II, or class III. FDA for this device type, product code PCD manner (see ADDRESSES), will be placed classification of a device is determined (78 FR 14015). The classification change in the docket and, except for those by the amount of regulation necessary to retained premarket notification submitted as ‘‘Confidential provide a reasonable assurance of safety requirements for all other powered Submissions,’’ publicly viewable at and effectiveness. Pursuant to section patient transport, product code ILK https://www.regulations.gov or at the 510(k) of the FD&C Act (21 U.S.C. (§ 890.5150(b)). Dockets Management Staff office 360(k)) and the implementing between 9 a.m. and 4 p.m., Monday regulations, part 807 (21 CFR part 807), II. Criteria for Exemption through Friday, 240–402–7500. persons who intend to market a new There are a number of factors FDA • Confidential Submissions—To device are required to submit and obtain may consider to determine whether a submit a comment with confidential clearance of a premarket notification 510(k) is necessary to provide information that you do not wish to be (510(k)) containing information that reasonable assurance of the safety and made publicly available, submit your allows FDA to determine whether the effectiveness of a class II device. These comments only as a written/paper new device is ‘‘substantially equivalent’’ factors are discussed in the guidance the submission. You should submit two within the meaning of section 513(i) of Agency issued on February 19, 1998, copies total. One copy will include the the FD&C Act to a legally marketed entitled ‘‘Procedures for Class II Device information you claim to be confidential device that does not require premarket Exemptions from Premarket with a heading or cover note that states approval. Notification, Guidance for Industry and ‘‘THIS DOCUMENT CONTAINS On November 21, 1997, section 206 of CDRH Staff’’ (available at http:// CONFIDENTIAL INFORMATION.’’ The the Food and Drug Administration www.fda.gov/downloads/ Agency will review this copy, including Modernization Act (Pub. L. 105–115) MedicalDevices/DeviceRegulationand the claimed confidential information, in added new section 510(m) to the FD&C Guidance/Guidance6Documents/ its consideration of comments. The Act. On December 13, 2016, section UCM080199.pdf). second copy, which will have the 3054 of the 21st Century Cures Act (Pub. As discussed in the guidance claimed confidential information L. 114–255) (Cures Act) amended document, FDA generally considers the redacted/blacked out, will be available section 510(m) of the FD&C Act. As following factors to determine whether for public viewing and posted on amended, section 510(m)(1) of the FD&C a report under section 510(k) is https://www.regulations.gov. Submit Act requires FDA, within 90 days after necessary for class II devices: (1) The both copies to the Dockets Management enactment of the Cures Act and once device does not have a significant Staff. If you do not wish your name and every 5 years thereafter, to publish in history of false or misleading claims or contact information to be made publicly the Federal Register a list of each type of risks associated with inherent available, you can provide this of class II device that does not require characteristics of the device; (2) information on the cover sheet and not a report under section 510(k) of the characteristics of the device necessary in the body of your comments and you FD&C Act to provide reasonable for its safe and effective performance are must identify this information as assurance of safety and effectiveness. well established; (3) changes in the ‘‘confidential.’’ Any information marked As amended by the Cures Act, section device that could affect safety and as ‘‘confidential’’ will not be disclosed 510(m)(2) of the FD&C Act provides effectiveness will either (a) be readily except in accordance with 21 CFR 10.20 that, 1 calendar day after the date of detectable by users by visual and other applicable disclosure law. For publication of the final list mentioned examination or other means such as more information about FDA’s posting in section 510(m)(1)(B), FDA may routine testing, before causing harm or of comments to public dockets, see 80 exempt a class II device from the (b) not materially increase the risk of FR 56469, September 18, 2015, or access requirement to submit a report under injury, incorrect diagnosis, or ineffective

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treatment; and (4) any changes to the applications, the disclosure of which individuals associated with the grant device would not be likely to result in would constitute a clearly unwarranted applications, the disclosure of which a change in the device’s classification. invasion of personal privacy. would constitute a clearly unwarranted FDA may also consider that, even when Name of Committee: Center for Scientific invasion of personal privacy. exempting devices, these devices would Review Special Emphasis Panel; Renal/ Name of Committee: National Institute of still be subject to the general limitations Urological Small Business Activities. Allergy and Infectious Diseases Special on exemptions. Date: July 8, 2021. Emphasis Panel; Investigator Initiated Time: 8:00 a.m. to 6:00 p.m. Extended Clinical Trial (R01); NIAID Clinical III. Proposed Class II Device Agenda: To review and evaluate grant Trial Planning Grant (R34); NIAID Clinical Exemptions applications. Trial Implementation Cooperative Agreement FDA has received the following Place: National Institutes of Health, (U01); NIAID SBIR Phase II Clinical Trial petition requesting an exemption from Rockledge II, 6701 Rockledge Drive, Implementation Cooperative Agreement Bethesda, MD 20892 (Virtual Meeting). premarket notification for a class II (U44). Contact Person: Santanu Banerjee, Ph.D., Date: June 28, 2021. device: Sam DeMarco, Staff Regulatory Scientific Review Officer, Center for Time: 12:30 p.m. to 4:30 p.m. Affairs Specialist, on behalf of Stryker Scientific Review, National Institute of Agenda: To review and evaluate grant Medical, 3800 E Centre Ave., Portage, Health, 6701 Rockledge Drive, Room 2106, applications. MI 49002, for powered patient transport, Bethesda, MD 20892, (301) 435–5947, Place: National Institute of Allergy and all other powered patient transport, [email protected]. Infectious Diseases, National Institutes of classified under § 890.5150(b). FDA Name of Committee: Center for Scientific Health, 5601 Fishers Lane, Room 3F58, seeks comment on the petition in Review Special Emphasis Panel; Member Rockville, MD 20892 (Virtual Meeting). accordance with section 510(m)(2) of Conflict: Speech, Language and Contact Person: Mario Cerritelli, Ph.D., the FD&C Act. Communication. Scientific Review Officer, Scientific Review Date: July 9, 2021. Program, Division of Extramural Activities, IV. Paperwork Reduction Act of 1995 Time: 11:00 a.m. to 8:00 p.m. National Institute of Allergy and Infectious Agenda: To review and evaluate grant Diseases, National Institutes of Health, 5601 While this notice contains no applications. Fishers Lane, Room 3F58, Rockville, MD collection of information, it does refer to Place: National Institutes of Health, 20852, 240–669–5199, cerritem@ previously approved FDA collections of Rockledge II, 6701 Rockledge Drive, mail.nih.gov. information. Therefore, clearance by the Bethesda, MD 20892 (Virtual Meeting). This notice is being published less than 15 Office of Management and Budget Contact Person: Sara Louise Hargrave, days prior to the meeting due to the timing (OMB) under the Paperwork Reduction Ph.D., Scientific Review Officer, Center for limitations imposed by the review and Act of 1995 (PRA) (44 U.S.C. 3501– Scientific Review, National Institute of funding cycle. 3521) is not required for this notice. The Health, 6701 Rockledge Drive, Room 3170, Name of Committee: National Institute of previously approved collections of Bethesda, MD 20892, (301) 443–7193, Allergy and Infectious Diseases Special [email protected]. information are subject to review by Emphasis Panel; Investigator Initiated Extended Clinical Trial (R01); NIAID Clinical OMB under the PRA. The collections of (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; Trial Planning Grant (R34); NIAID Clinical information in part 807, subpart E, 93.333, Clinical Research, 93.306, 93.333, Trial Implementation Cooperative Agreement regarding premarket notification 93.337, 93.393–93.396, 93.837–93.844, (U01); NIAID SBIR Phase II Clinical Trial submissions, have been approved under 93.846–93.878, 93.892, 93.893, National Implementation Cooperative Agreement OMB control number 0910–0120. Institutes of Health, HHS) (U44). Date: June 29, 2021. Dated: June 7, 2021. Dated: June 10, 2021. Time: 11:00 a.m. to 6:00 p.m. Lauren K. Roth, Melanie J. Pantoja, Agenda: To review and evaluate grant Acting Principal Associate Commissioner for Program Analyst, Office of Federal Advisory applications. Policy. Committee Policy. Place: National Institute of Allergy and [FR Doc. 2021–12505 Filed 6–14–21; 8:45 am] [FR Doc. 2021–12510 Filed 6–14–21; 8:45 am] Infectious Diseases, National Institutes of BILLING CODE 4164–01–P BILLING CODE 4140–01–P Health, 5601 Fishers Lane, Room 3F58, Rockville, MD 20892 (Virtual Meeting). Contact Person: Mario Cerritelli, Ph.D., DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Scientific Review Officer, Scientific Review HUMAN SERVICES Program, Division of Extramural Activities, HUMAN SERVICES National Institute of Allergy and Infectious National Institutes of Health Diseases, National Institutes of Health, 5601 National Institutes of Health Fishers Lane, Room 3F58, Rockville, MD Center for Scientific Review; Notice of 20852, 240–669–5199, cerritem@ National Institute of Allergy and mail.nih.gov. Closed Meetings Infectious Diseases; Notice of Closed This notice is being published less than 15 Meetings Pursuant to section 10(d) of the days prior to the meeting due to the timing Federal Advisory Committee Act, as Pursuant to section 10(d) of the limitations imposed by the review and amended, notice is hereby given of the Federal Advisory Committee Act, as funding cycle. following meetings. amended, notice is hereby given of the (Catalogue of Federal Domestic Assistance The meetings will be closed to the following meetings. Program Nos. 93.855, Allergy, Immunology, public in accordance with the The meetings will be closed to the and Transplantation Research; 93.856, Microbiology and Infectious Diseases provisions set forth in sections public in accordance with the Research, National Institutes of Health, HHS) 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dated: June 9, 2021. the discussions could disclose as amended. The grant applications and Tyeshia M. Roberson, confidential trade secrets or commercial the discussions could disclose Program Analyst, Office of Federal Advisory property such as patentable material, confidential trade secrets or commercial Committee Policy. and personal information concerning property such as patentable material, [FR Doc. 2021–12451 Filed 6–14–21; 8:45 am] individuals associated with the grant and personal information concerning BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND Dated: June 10, 2021. (Catalogue of Federal Domestic Assistance HUMAN SERVICES Melanie J. Pantoja, Program Nos. 93.867, Vision Research, National Institutes of Health, HHS) Program Analyst, Office of Federal Advisory National Institutes of Health Committee Policy. Dated: June 10, 2021. [FR Doc. 2021–12511 Filed 6–14–21; 8:45 am] Miguelina Perez, National Cancer Institute; Notice of BILLING CODE 4140–01–P Program Analyst, Office of Federal Advisory Meeting Committee Policy. [FR Doc. 2021–12571 Filed 6–14–21; 8:45 am] Pursuant to section 10(a) of the DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P Federal Advisory Committee Act, as HUMAN SERVICES amended, notice is hereby given of a meeting of the Frederick National National Institutes of Health DEPARTMENT OF HEALTH AND Laboratory Advisory Committee to the HUMAN SERVICES National Cancer Institute. National Eye Institute; Notice of Closed Meetings National Institutes of Health The meeting will be held virtually and is open to the public. Individuals Pursuant to section 10(d) of the Center for Scientific Review; Notice of who plan to view the virtual meeting Federal Advisory Committee Act, as Closed Meetings and need special assistance or other amended, notice is hereby given of the reasonable accommodations to view the Pursuant to section 10(d) of the following meetings. meeting, should notify the Contact Federal Advisory Committee Act, as Person listed below in advance of the The meetings will be closed to the amended, notice is hereby given of the meeting. The meeting will be videocast public in accordance with the following meetings. and can be accessed from the NIH provisions set forth in sections The meetings will be closed to the Videocasting and Podcasting website 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public in accordance with the (http://videocast.nih.gov/). as amended. The grant applications and provisions set forth in sections the discussions could disclose 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Frederick National confidential trade secrets or commercial as amended. The grant applications and Laboratory Advisory Committee to the property such as patentable material, the discussions could disclose National Cancer Institute. and personal information concerning confidential trade secrets or commercial Date: June 28, 2021. individuals associated with the grant property such as patentable material, Time: 1:00 p.m. to 5:00 p.m. applications, the disclosure of which and personal information concerning Agenda: Ongoing and new activities at the would constitute a clearly unwarranted individuals associated with the grant Frederick National Laboratory for Cancer invasion of personal privacy. applications, the disclosure of which Research. would constitute a clearly unwarranted Name of Committee: National Eye Institute Place: National Cancer Institute Shady invasion of personal privacy. Grove, 9609 Medical Center Drive, Rockville, Special Emphasis Panel; NEI Clinical, MD 20850 (Virtual Meeting). Secondary Data Analysis, and Conference Name of Committee: Center for Scientific Review Special Emphasis Panel; Small Contact Person: Caron A. Lyman, Ph.D., Grant Applications. Date: July 13, 2021. Business: Cell and Molecular Biology. Executive Secretary, National Cancer Time: 11:00 a.m. to 2:30 p.m. Date: July 7–8, 2021. Institute, National Institutes of Health, 9609 Agenda: To review and evaluate grant Time: 9:00 a.m. to 6:00 p.m. Medical Center Drive, Room 7W126, applications. Agenda: To review and evaluate grant Bethesda, MD 20892–9750, 240–276–6348, Place: National Eye Institute, National applications. [email protected]. Institutes of Health, 6700B Rockledge Drive, Place: National Institutes of Health, Any interested person may file written Suite 3400, Bethesda, MD 20892 (Virtual Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting). comments with the committee by forwarding Meeting). Contact Person: Brian Hoshaw, Ph.D., Contact Person: Ronit Iris Yarden, Ph.D., the statement to the Contact Person listed on Scientific Review Officer, Center for this notice. The statement should include the Designated Federal Official, Division of Extramural Research, National Eye Institute, Scientific Review, National Institutes of name, address, telephone number and when Health, 6701 Rockledge Drive, Room 904B, National Institutes of Health, 6700B applicable, the business or professional Bethesda, MD 20892, (202) 552–9939, Rockledge Drive, Suite 3400, Rockville, MD affiliation of the interested person. [email protected]. 20892, 301–451–2020, hoshawb@ Information is also available on the mail.nih.gov. Name of Committee: Center for Scientific Institute’s/Center’s home page: http:// Review Special Emphasis Panel; Small Name of Committee: National Eye Institute deainfo.nci.nih.gov/advisory/fac/fac.htm, Business: Biomaterials, Delivery, and Special Emphasis Panel; R24 Translational Nanotechnology. where an agenda, instructions for access, and Grants to FOA NEI Translational Research any additional information for the meeting Date: July 8–9, 2021. Program on Therapy for Visual Disorders. Time: 8:30 a.m. to 8:00 p.m. will be posted when available. Date: July 15, 2021. Agenda: To review and evaluate grant This notice is being published less than 15 Time: 10:00 a.m. to 4:00 p.m. applications. days prior to the meeting due to scheduling Agenda: To review and evaluate grant Place: National Institutes of Health, difficulties. applications. Rockledge II, 6701 Rockledge Drive, (Catalogue of Federal Domestic Assistance Place: National Eye Institute, National Bethesda, MD 20892 (Virtual Meeting). Program Nos. 93.392, Cancer Construction; Institutes of Health, 6700B Rockledge Drive, Contact Person: Nitsa Rosenzweig, Ph.D., Suite 3400, Bethesda, MD 20892 (Virtual 93.393, Cancer Cause and Prevention Scientific Review Officer, Center for Meeting). Scientific Review, National Institutes of Research; 93.394, Cancer Detection and Contact Person: Jeanette M. Hosseini, Health, 6701 Rockledge Drive, Room 4152, Diagnosis Research; 93.395, Cancer Ph.D., Scientific Review Officer, Division of MSC 7760, Bethesda, MD 20892, (301) 404– Treatment Research; 93.396, Cancer Biology Extramural Research, National Eye Institute, 7419, [email protected]. Research; 93.397, Cancer Centers Support; National Institutes of Health, 6700B Name of Committee: Digestive, Kidney and 93.398, Cancer Research Manpower; 93.399, Rockledge Drive, Suite 3400, Bethesda, MD Urological Systems Integrated Review Group; Cancer Control, National Institutes of Health, 20892, 301–451–2020, jeanetteh@ Xenobiotic and Nutrient Disposition and HHS) mail.nih.gov. Action Study Section.

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Date: July 8–9, 2021. Contact Person: Lambratu Rahman Sesay, Health, 6701 Rockledge Drive, Room 5148, Time: 9:00 a.m. to 6:00 p.m. Ph.D., Scientific Review Officer, Center for MSC 7849, Bethesda, MD 20892, 301–806– Agenda: To review and evaluate grant Scientific Review, National Institutes of 8065, [email protected]. applications. Health, 6701 Rockledge Drive, Room 6214, Name of Committee: Center for Scientific Place: National Institutes of Health, MSC 7804, Bethesda, MD 20892, 301–905– Review Special Emphasis Panel; Rockledge II, 6701 Rockledge Drive, 8294, [email protected]. Fellowships: Oncology. Bethesda, MD 20892 (Virtual Meeting). Name of Committee: Center for Scientific Date: July 8–9, 2021. Contact Person: Jonathan K. Ivins, Ph.D., Review Special Emphasis Panel; PAR19–093: Time: 10:00 a.m. to 8:00 p.m. Scientific Review Officer, Center for Leveraging Health Information Technology Agenda: To review and evaluate grant Scientific Review, National Institutes of (Health IT) to Address Minority Health and applications. Health, 6701 Rockledge Drive, Room 2190, Health Disparities. Place: National Institutes of Health, MSC 7850, Bethesda, MD 20892, (301) 594– Date: July 8, 2021. Rockledge II, 6701 Rockledge Drive, 1245, [email protected]. Time: 10:00 a.m. to 6:00 p.m. Bethesda, MD 20892 (Virtual Meeting). Name of Committee: Population Sciences Agenda: To review and evaluate grant Contact Person: Reigh-Yi Lin, Ph.D., and Epidemiology Integrated Review Group; applications. Scientific Review Officer, Center for Infectious Diseases, Reproductive Health, Place: National Institutes of Health, Scientific Review, National Institutes of Asthma and Pulmonary Conditions Study Rockledge II, 6701 Rockledge Drive, Health, 6701 Rockledge Drive, Rm. 4152, Section. Bethesda, MD 20892 (Virtual Meeting). MSC 7846, Bethesda, MD 20892, (301) 827– Date: July 8–9, 2021. Contact Person: Paul Hewett-Marx, Ph.D., 6009, [email protected]. Time: 9:00 a.m. to 8:00 p.m. Scientific Review Officer, Center for Name of Committee: Center for Scientific Agenda: To review and evaluate grant Scientific Review, National Institutes of Review Special Emphasis Panel; Member applications. Health, 6701 Rockledge Drive, Bethesda, MD Conflict: Genes, Genomes and Genetics. Place: National Institutes of Health, 20892, (240) 672–8946, hewettmarxpn@ Date: July 8, 2021. Rockledge II, 6701 Rockledge Drive, csr.nih.gov. Time: 1:00 p.m. to 6:00 p.m. Bethesda, MD 20892 (Virtual Meeting). Name of Committee: Center for Scientific Agenda: To review and evaluate grant Contact Person: Mohammed F.A. Review Special Emphasis Panel; PAR19–093: applications. Elfaramawi, Ph.D., Scientific Review Officer, Leveraging Health Information Technology Place: National Institutes of Health, Center for Scientific Review, National (Health IT) to Address Minority Health and Rockledge II, 6701 Rockledge Drive, Institutes of Health, 6701 Rockledge Drive, Health Disparities. Bethesda, MD 20892 (Virtual Meeting). Room 1007F, Bethesda, MD 20892, (301) Date: July 8, 2021. Contact Person: Emily Foley, Ph.D., 402–6746, [email protected]. Time: 10:00 a.m. to 6:00 p.m. Scientific Review Officer, Center for Name of Committee: Center for Scientific Agenda: To review and evaluate grant Scientific Review, 6701 Rockledge Drive, Review Special Emphasis Panel; applications. Bethesda, MD 20747, 301–435–0627, Fellowships: Risks, Prevention and Health Place: National Institutes of Health, [email protected]. Behavior. Rockledge II, 6701 Rockledge Drive, (Catalogue of Federal Domestic Assistance Date: July 8–9, 2021. Bethesda, MD 20892 (Virtual Meeting). Program Nos. 93.306, Comparative Medicine; Time: 9:00 a.m. to 8:00 p.m. Contact Person: Chittari V. Shivakumar, 93.333, Clinical Research, 93.306, 93.333, Agenda: To review and evaluate grant Ph.D., Scientific Review Officer, National 93.337, 93.393–93.396, 93.837–93.844, applications. Institutes of Health, Center for Scientific 93.846–93.878, 93.892, 93.893, National Place: National Institutes of Health, Review, 6701 Rockledge Drive, Bethesda, MD Institutes of Health, HHS) Rockledge II, 6701 Rockledge Drive, 20892, 301–408–9098, chittari.shivakumar@ Dated: June 10, 2021. Bethesda, MD 20892 (Virtual Meeting). nih.gov. Miguelina Perez, Contact Person: Martha M. Faraday, Ph.D., Name of Committee: Center for Scientific Scientific Review Officer, Center for Review Special Emphasis Panel; RFA DK– Program Analyst, Office of Federal Advisory Scientific Review, National Institutes of 20–022 and –023: HIV Reservoirs and Committee Policy. Health, 6701 Rockledge Drive, Room 3110, Pathogenesis in NIDDK-Relevant Tissues. [FR Doc. 2021–12572 Filed 6–14–21; 8:45 am] MSC 7808, Bethesda, MD 20892, (301) 435– Date: July 8, 2021. BILLING CODE 4140–01–P 3575, [email protected]. Time: 10:00 a.m. to 8:00 p.m. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Review Special Emphasis Panel; Small applications. DEPARTMENT OF THE INTERIOR Business: Neuro/Psychopathology, Lifespan Place: National Institutes of Health, Development, and STEM Education. Rockledge II, 6701 Rockledge Drive, Fish and Wildlife Service Date: July 8–9, 2021. Bethesda, MD 20892 (Virtual Meeting). Time: 9:30 a.m. to 8:00 p.m. Contact Person: Shiv A. Prasad, Ph.D., [FWS–R4–ES–2020–N041; Agenda: To review and evaluate grant Scientific Review Officer, Center for FXES11130400000C2–201–FF04E00000] applications. Scientific Review, National Institutes of Place: National Institutes of Health, Health, 6701 Rockledge Drive, Room 5220, Endangered and Threatened Wildlife Rockledge II, 6701 Rockledge Drive, MSC 7852, Bethesda, MD 20892, 301–443– and Plants; Draft Recovery Plan for Bethesda, MD 20892 (Virtual Meeting). 5779, [email protected]. White Fringeless Orchid Contact Person: Janetta Lun, Ph.D., Name of Committee: Center for Scientific Scientific Review Officer, Center for Review Special Emphasis Panel; RFA–RM– AGENCY: Fish and Wildlife Service, Scientific Review, National Institute of 20–018 Harnessing Data Science for Health Interior. Health, 6701 Rockledge Drive, Room 1007E, Discovery and Innovation in Africa—Open ACTION: Notice of availability and Bethesda, MD 20892, (301) 435–5877, Data Science Platform and Coordinating request for public comment. [email protected]. Center. Name of Committee: Center for Scientific Date: July 8, 2021. SUMMARY: We, the U.S. Fish and Review Special Emphasis Panel; Cancer Time: 10:00 a.m. to 7:00 p.m. Wildlife Service, announce the Therapeutics and Drug Development. Agenda: To review and evaluate grant availability for public review and Date: July 8–9, 2021. applications. comment of the draft recovery plan for Time: 9:30 a.m. to 8:00 p.m. Place: National Institutes of Health, Agenda: To review and evaluate grant Rockledge II, 6701 Rockledge Drive, the Platanthera integrilabia (white applications. Bethesda, MD 20892 (Virtual Meeting). fringeless orchid), a plant listed as Place: National Institutes of Health, Contact Person: James J. Li, Ph.D., threatened under the Endangered Rockledge II, 6701 Rockledge Drive, Scientific Review Officer, Center for Species Act. We request review and Bethesda, MD 20892 (Virtual Meeting). Scientific Review, National Institutes of comment on the draft recovery plan

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from local, State, and Federal agencies, habitat has historically been described partners, and the general public on Tribes, nongovernmental organizations, as partially shaded areas with sandy and methods for minimizing threats to listed and the public. acidic soils in wet areas like seeps, bogs, species and objectives against which to DATES: We must receive comments by or swamps; however, the species also measure the progress towards recovery. August 16, 2021. occurs in areas that differ in light and A recovery plan identifies, organizes, ADDRESSES: Obtaining documents: You moisture availability. and prioritizes recovery actions and is may obtain or request a copy by any of The ESA states that a species may be an important guide that ensures sound the following methods: listed as endangered or threatened based scientific decision-making throughout • Internet: http://www.fws.gov/ on one or more of the five factors the recovery plan, which can take cookeville/; outlined in section 4(a)(1). The white decades. • Telephone: Geoff Call, 931–525– fringeless orchid is threatened primarily by destruction and modification of Section 4(f)(4) of the ESA requires us 4983; or to provide public notice and an Submitting comments: If you wish to habitat (Listing Factor A) resulting in opportunity for public review and comment, you may submit your excessive shading, soil disturbance, comments by the following method: altered hydrology, and proliferation of comment during recovery plan • Email: [email protected]. Please invasive plant species; collecting for development. We will consider all include ‘‘White Fringeless Orchid Draft recreational or commercial purposes information presented during a public Recovery Plan Comments’’ in the (Listing Factor B); herbivory (Listing comment period prior to approval of subject line. Factor C); and small population sizes each new or revised recovery plan. We For additional information about and dependence on specific pollinators and other Federal agencies will take submitting comments, see Public and fungi to complete its life cycle these comments into consideration in Comments below. (Listing Factor E). Existing regulatory the course of implementing approved FOR FURTHER INFORMATION CONTACT: mechanisms have not reduced or recovery plans. Geoff Call, [email protected], 931–525– removed the threats posed to the species The draft recovery plan for the white 4983. Individuals who are hearing or from these factors (Listing Factor D). As fringeless orchid describes actions speech impaired may call the Federal a result of these threats, white fringeless necessary for the recovery of the Relay Service at 1–800–877–8339 for orchid was listed as threatened under species, establishes criteria for its TTY assistance. the ESA on September 13, 2016 (81 FR delisting, and estimates the time and 62826). SUPPLEMENTARY INFORMATION: We, the cost for implementing specific measures U.S. Fish and Wildlife Service (Service), Recovery Plan needed to recover the species. The announce the availability for public Section 4(f)(1) of the ESA requires the ultimate goal of this draft recovery plan review and comment of the draft development of recovery plans for listed is to ensure the long-term viability of recovery plan for the Platanthera species, unless such a plan would not the white fringeless orchid in the wild integrilabia (white fringeless orchid), a promote the conservation of a particular to the point that it can be removed from plant listed as threatened under the species. The purpose of a recovery plan the Federal List of Endangered and Endangered Species Act (ESA; 16 U.S.C. is to provide an effective and feasible Threatened Plants in title 50 of the Code 1531 et seq.). The draft recovery plan roadmap for a species’ recovery, with of Federal Regulations (50 CFR 17.12). includes specific recovery objectives the goal of improving its status and Recovery Criteria and criteria we have identified to better managing its threats to the point where assist us in determining when the the protections of the ESA are no longer The draft recovery plan proposes that protections of the ESA are no longer needed. The ESA requires that, to the the white fringeless orchid will be necessary. We request review and maximum extent practicable, recovery considered for delisting when: comment on this draft recovery plan plans incorporate the following: from local, State, and Federal agencies, • Objective, measurable criteria 1. Monitoring over a 10-year period nongovernmental organizations, and the which, when met, would result in a demonstrates stable or increasing public. determination that the species is no population growth rates for at least 26 protected populations with resilience Background longer threatened or endangered; • Site-specific management actions levels of moderate to very high (as White fringeless orchid is a perennial necessary to achieve the plan’s goal for described in the Species Status herb of the Orchidaceae family (orchid conservation and survival of the species; Assessment). To ensure adequate family). The species is restricted to 48 and representation and redundancy, these populations in 6 southeastern states: • Estimates of the time required and populations must be distributed among Alabama, Georgia, Kentucky, costs to implement recovery plans. Environmental Protection Agency Level Mississippi, South Carolina, and Recovery plans provide important III Ecoregions as shown in the following Tennessee. White fringeless orchid guidance to the Service, States, other table (addresses Factors A and E):

Resilience level Level III ecoregion High or Total Moderate very high

Blue Ridge ...... 2 1 3 Piedmont ...... 2 2 4 Ridge and Valley ...... 1 1 Southeastern Plains ...... 1 1 2 Southwestern Appalachians * ...... 10 6 16 * At least two of the resilient populations in the Southwestern Appalachians should be located in Georgia or Alabama to ensure representation in the southern portion of the ecoregion.

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2. Written management agreements DATES: Interested persons are invited to funded Schools. School registrars have been reached with partners/ submit comments on or before August collect information on this form to landowners that allow for sustained 16, 2021. determine the student’s eligibility for monitoring and management of white ADDRESSES: Send your comments on enrollment in a Bureau-funded school, fringeless orchid populations that this information collection request (ICR) and if eligible, is shared with demonstrate moderate to very high by mail to: Cole G. Bowers, NASIS appropriate school officials to identify resilience (addresses Factor A). Specialist, Chief Academic Office, the student’s base and supplemental 3. The species could be considered for Bureau of Indian Education, U.S. educational and/or residential program delisting if 40 populations with Department of the Interior, 1849 C Street needs. The BIE compiles the resilience levels of moderate to very NW, MIB–3609, Washington, DC 20240, information into a national database to high (as described in the SSA), [email protected]. Please reference facilitate budget requests and the protected or unprotected, are distributed OMB Control Number 1076–0122 in the allocation of congressionally among the EPA Level III Ecoregions subject line of your comments. appropriated funds. where the species occurs. At least half FOR FURTHER INFORMATION CONTACT: To Title of Collection: Data Elements for of these populations must have request additional information about Student Enrollment in Bureau-funded resilience levels of high or very high this ICR, contact Mr. Cole Bowers at Schools. (addresses Factor A and E). phone: (202) 208–2977 or cole.bowers@ OMB Control Number: 1076–0122. bie.edu. Form Number: None. Request for Public Comments Type of Review: Extension of a SUPPLEMENTARY INFORMATION: In We request written comments on the currently approved collection. accordance with the Paperwork draft recovery plan. We will consider all Respondents/Affected Public: Reduction Act of 1995, we provide the comments we receive by the date Contract and Grant schools, and Bureau- general public and other Federal specified in DATES prior to final funded schools. agencies with an opportunity to approval of the plan. Total Estimated Number of Annual comment on new, proposed, revised, Before including your address, phone Respondents: 48,000 per year, on and continuing collections of number, email address, or other average. information. This helps us assess the personal identifying information in your Total Estimated Number of Annual impact of our information collection comment, you should be aware that Responses: 48,000 per year, on average. requirements and minimize the public’s your entire comment—including your Estimated Completion Time per reporting burden. It also helps the personal identifying information—may Response: 15 minutes. public understand our information be made publicly available at any time. Total Estimated Number of Annual collection requirements and provide the While you can ask us in your comment Burden Hours: 12,000 hours. requested data in the desired format. Respondent’s Obligation: Required to to withhold your personal identifying We are soliciting comments on the information from public review, we Obtain a Benefit. proposed ICR that is described below. Frequency of Collection: Once per cannot guarantee that we will be able to We are especially interested in public do so. year. comment addressing the following Total Estimated Annual Nonhour Authority issues: (1) Is the collection necessary to Burden Cost: $0. the proper functions of the BIA; (2) will The authority for this action is section An agency may not conduct or this information be processed and used 4(f) of the Endangered Species Act, 16 sponsor and a person is not required to in a timely manner; (3) is the estimate U.S.C. 1533(f). respond to a collection of information of burden accurate; (4) how might the unless it displays a currently valid OMB Leopoldo Miranda-Castro, BIA enhance the quality, utility, and control number. Regional Director. clarity of the information to be The authority for this action is the [FR Doc. 2021–12455 Filed 6–14–21; 8:45 am] collected; and (5) how might the BIA Paperwork Reduction Act of 1995 (44 BILLING CODE 4333–15–P minimize the burden of this collection U.S.C. 3501 et seq). on the respondents, including through the use of information technology. Elizabeth K. Appel, DEPARTMENT OF THE INTERIOR Comments that you submit in Director, Office of Regulatory Affairs and response to this notice are a matter of Collaborative Action—Indian Affairs. Bureau of Indian Affairs public record. We will include or [FR Doc. 2021–12467 Filed 6–14–21; 8:45 am] summarize each comment in our request BILLING CODE 4337–15–P [2121A2100DD/AAKC001030/ to OMB to approve this ICR. Before A0A501010.999900 253G; OMB Control including your address, phone number, Number 1076–0122] email address, or other personal DEPARTMENT OF THE INTERIOR identifying information in your Agency Information Collection Bureau of Land Management Activities; Data Elements for Student comment, you should be aware that Enrollment in Bureau-Funded Schools your entire comment—including your [LLHQ430000.212L1109AF.L12200000. personal identifying information—may PM0000; OMB Control No. 1004–0165] AGENCY: Bureau of Indian Affairs, be made publicly available at any time. Interior. While you can ask us in your comment Agency Information Collection Activities; Cave Management: Cave ACTION: to withhold your personal identifying Notice of information collection; Nominations and Requests for request for comment. information from public review, we cannot guarantee that we will be able to Confidential Information SUMMARY: In accordance with the do so. AGENCY: Bureau of Land Management, Paperwork Reduction Act of 1995, we, Abstract: The BIE is requesting Interior. the Bureau of Indian Education (BIE) are renewal of OMB approval for the ACTION: Notice of information collection; proposing to renew an information admission forms for the Student request for comment. collection. Enrollment Application in Bureau-

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SUMMARY: In accordance with the (3) Ways to enhance the quality, • Individuals and organizations Paperwork Reduction Act of 1995, the utility, and clarity of the information to assisting a land management agency Bureau of Land Management (BLM) be collected; and with cave management activities. proposes to renew an information (4) How might the agency minimize Total Estimated Number of Annual collection. the burden of the collection of Respondents: 28. information on those who are to Total Estimated Number of Annual DATES: Interested persons are invited to respond, including through the use of Responses: 28. submit comments on or before July 15, appropriate automated, electronic, Estimated Completion Time per 2021. mechanical, or other technological Response: Varies from 1 hour to 11 ADDRESSES: Written comments and collection techniques or other forms of hours, depending on activity. recommendations for this information information technology, e.g., permitting Total Estimated Number of Annual collection request (ICR) should be sent electronic submission of response. Burden Hours: 278. within 30 days of publication of this Comments submitted in response to Respondent’s Obligation: Required to notice to www.reginfo.gov/public/do/ this notice are a matter of public record. obtain or retain a benefit. PRAMain. Find this particular Before including your address, phone Frequency of Collection: On occasion. information collection by selecting number, email address, or other Total Estimated Annual Nonhour ‘‘Currently under 30-day Review—Open personal identifying information in your Burden Cost: None. for Public Comments’’ or by using the comment, you should be aware that An agency may not conduct or search function. your entire comment—including your sponsor and, notwithstanding any other provision of law, a person is not FOR FURTHER INFORMATION CONTACT: To personal identifying information—may be made publicly available at any time. required to respond to a collection of request additional information about information unless it displays a this ICR, contact Kyle Rybacki by email While you can ask us in your comment to withhold your personal identifying currently valid OMB control number. at [email protected], or by telephone at The authority for this action is the (623) 580–5698. Individuals who are information from public review, we cannot guarantee that we will be able to Paperwork Reduction Act of 1995 (44 hearing or speech impaired may call the U.S.C. 3501 et seq.). Federal Relay Service at 1–800–877– do so. 8339 for TTY assistance. The ICR may Abstract: Land-management agencies Darrin King, also be viewed at http:// within the Department of the Interior Information Collection Clearance Officer. www.reginfo.gov/public/do/PRAMain. seek information to comply with the [FR Doc. 2021–12549 Filed 6–14–21; 8:45 am] Federal Cave Resources Protection Act SUPPLEMENTARY INFORMATION: In BILLING CODE 4310–84–P (FCRPA), 16 U.S.C. 4301 through 4310 accordance with the Paperwork and the Department’s regulations at 43 Reduction Act of 1995 (PRA, 44 U.S.C. CFR part 37. The FRCPA requires these 3501 et seq.) and 5 CFR 1320.8(d)(1), we DEPARTMENT OF THE INTERIOR agencies to identify and protect invite the public and other Federal ‘‘significant’’ caves on Federal lands Bureau of Land Management agencies to comment on new, proposed, within their respective jurisdictions and revised and continuing collections of [21X LLUTW01000 L54100000.FR0000 allows agencies to disclose to the public information. This helps the BLM assess LVCLJ20J0790; UTU–94509] the location of significant caves only in impacts of its information collection limited circumstances. However, the requirements and minimize the public’s Notice of Realty Action: Application by FRCPA and BLM regulations also reporting burden. It also helps the US Magnesium LLC for Conveyance of authorize certain individuals, public understand BLM information Federally Owned Mineral Interests in organizations and governmental collection requirements and ensure Tooele County, UT agencies to request confidential cave requested data are provided in the information. This request is to extend AGENCY: Bureau of Land Management, desired format. for an additional three years OMB’s Interior. A Federal Register notice with a 60- approval for the collections of ACTION: Notice of realty action. day public comment period soliciting information under this OMB control comments on this collection of number. SUMMARY: The Bureau of Land information was published on March Title of Collection: Cave Management: Management (BLM) is processing an 23, 2021 (86 FR 15494). No comments Cave Nominations and Requests for application for the conveyance of were received. Confidential Information (43 CFR part federally owned mineral interests in a As part of our continuing effort to 37). 3,548.41-acre parcel of land located in reduce paperwork and respondent OMB Control Number: 1004–0165. Tooele County, Utah, to the surface burdens, we are again inviting the Form Numbers: None. owner, US Magnesium LLC. public and other Federal agencies to Type of Review: Extension of a DATES: Interested persons may submit comment on the proposed ICR described currently approved collection. written comments to the BLM on or below. The BLM is especially interested Respondents/Affected Public: before July 30, 2021. in public comment addressing the Governmental agencies and the public ADDRESSES: Submit written comments following: may submit cave nominations pursuant to the BLM Salt Lake Field Office, 2370 (1) Whether or not the collection of to section 4 of the FCRPA (16 U.S.C. S Decker Lake Boulevard, West Valley information is necessary for the proper 4303) and 43 CFR 37.11. Requests for City, UT 84119. performance of the functions of the confidential information may be FOR FURTHER INFORMATION CONTACT: agency, including whether or not the submitted pursuant to 16 U.S.C. 4304 Jessica Wade, Salt Lake Field Manager, information will have practical utility; and 43 CFR 37.12 by: at the address listed earlier, by (2) The accuracy of our estimate of the • Federal and state governmental telephone at (801) 977–4350, or email at burden for this collection of agencies; [email protected]. Persons who use a information, including the validity of • Bona fide educational and research telecommunications device for the deaf the methodology and assumptions used; institutions; and may call the Federal Relay Service (FRS)

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at 1–800–877–8339 to leave a message of funding to cover the administrative www.usitc.gov). The public record for or question for Ms. Wade. The FRS is costs of processing the application, these reviews may be viewed on the available 24 hours a day, 7 days a week. including, but not limited to, the cost of Commission’s electronic docket (EDIS) Replies are provided during normal the mineral potential report. at http://edis.usitc.gov. business hours. Subject to valid existing rights, on SUPPLEMENTARY INFORMATION: Effective SUPPLEMENTARY INFORMATION: The BLM June 15, 2021 the federally owned March 19, 2021, the Commission is processing an application under mineral interests in the land described published its schedule for the final section 209 of the Federal Land Policy above is hereby segregated from all phase of these investigations (86 FR and Management Act (FLPMA) to forms of appropriation under the public 20197, April 16, 2021). Counsel for the convey the federally owned mineral land laws, including the mining laws. Wind Tower Trade Coalition filed its interests that total 3,548.41 acres The segregative effect will terminate request to appear at the hearing on June situated in Tooele County, Utah. The upon: (1) Issuance of a patent or other 4, 2021. No other parties submitted a location of the federally owned mineral document of conveyance as to the request to appear at the hearing. On interests proposed for conveyance is mineral interests; (2) Final rejection of June 7, 2021, counsel withdrew their identical in location to the privately the application; or (3) June 15, 2023, request to appear at the hearing. owned surface interest of the applicant, whichever occurs first. Counsel indicated a willingness to and is described as follows: Before including your address, phone submit written responses to any number, email address, or other Salt Lake Meridian, Utah Commission questions in lieu of an personal identifying information in your actual hearing. Consequently, since no T. 2 N., R. 8 W., comment, you should be aware that party to the investigation requested a Sec. 3; 1 your entire comment—including your hearing, the public hearing in Sec. 4, S ⁄2; personal identifying information—may Sec. 9, less and excepting therefrom: Lot connection with these investigations, 101, ATI Titanium P.U.D., according to be made publicly available at any time. scheduled to begin at 9:30 a.m. on the official plat thereof, on file and While you can ask us in your comment Thursday, June 10, 2021, is canceled. recorded April 19, 2007 as entry no. to withhold your personal identifying Parties to these investigations should 282779 in the official records of the information from public review, we respond to any written questions posed Recorder of Tooele County, State of cannot guarantee that we will be able to by the Commission in their posthearing Utah; do so. briefs, which are due to be filed on June Sec. 10, less and excepting therefrom: Lot (Authority: 43 CFR 2720.1–1(b)) 17, 2021. 101, ATI Titanium P.U.D., according to For further information concerning the official plat thereof, on file and Gregory Sheehan, recorded April 19, 2007 as entry no. these investigations see the State Director. 282779 in the official records of the Commission’s notice cited above and Recorder of Tooele County, State of [FR Doc. 2021–12563 Filed 6–14–21; 8:45 am] the Commission’s Rules of Practice and Utah; BILLING CODE 4310–DQ–P Procedure, part 201, subparts A through Sec. 11; E (19 CFR part 201), and part 207, Sec. 12, lot 1; subparts A and C (19 CFR part 207). Sec. 13, lot 1; INTERNATIONAL TRADE Authority: These investigations are being Sec. 14; COMMISSION conducted under authority of title VII of the Sec. 15, less and excepting all of lots 1 and Tariff Act of 1930; this notice is published 2 Desert Power Planned Unit [Investigation Nos. 701–TA–660–661 and 731–TA–1543–1545 (Final)] pursuant to section 207.21 of the Development recorded October 4, 2001 Commission’s rules. as entry no. 170027 in book 707 of plats at page 841 in the office of the Tooele Cancellation of Hearing for Final Phase By order of the Commission. County Recorder, State of Utah, and lot Countervailing Duty and Anti-Dumping Issued: June 10, 2021. 101, ATI Titanium P.U.D., according to Duty Investigations; Utility Scale Wind Lisa Barton, the official plat thereof, on file and Towers From India, Malaysia, and Secretary to the Commission. recorded April 19, 2007 as entry no. Spain [FR Doc. 2021–12562 Filed 6–14–21; 8:45 am] 282779 in the official records of the Recorder of Tooele County, State of AGENCY: United States International BILLING CODE 7020–02–P Utah. Trade Commission. ACTION: Notice. The area described totals 3,548.41 INTERNATIONAL TRADE acres. COMMISSION Under certain conditions, Section DATES: June 9, 2021. 209(b) of FLPMA authorizes the sale FOR FURTHER INFORMATION CONTACT: Julie [Investigation No. 337–TA–1166] and conveyance of the federally owned Duffy ((202) 708–2579), Office of mineral interests in land when the Investigations, U.S. International Trade Certain Foodservice Equipment and surface estate is not federally owned. Commission, 500 E Street SW, Components Thereof; Notice of The objective is to allow consolidation Washington, DC 20436. Hearing- Request for Submissions on the Public of the surface and mineral interests impaired persons can obtain Interest when either one of the following information on this matter by contacting AGENCY: U.S. International Trade conditions exist: (1) There are no known the Commission’s TDD terminal on 202– Commission. mineral values in the land; or (2) The 205–1810. Persons with mobility ACTION: Notice. reservation of the mineral rights in the impairments who will need special United States is interfering with or assistance in gaining access to the SUMMARY: Notice is hereby given that on precluding appropriate nonmineral Commission should contact the Office June 4, 2021, the presiding development of the land and such of the Secretary at 202–205–2000. administrative law judge (‘‘ALJ’’) issued development is a more beneficial use of General information concerning the an Initial Determination on Violation of the land than mineral development. The Commission may also be obtained by Section 337, and on June 10, 2021, the applicant has deposited a sufficient sum accessing its internet server (http:// ALJ issued a Recommended

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Determination on remedy and bonding Accordingly, members of the public are statement of the reasons why the should a violation be found in the invited to file submissions of no more Commission should grant such above-captioned investigation. The than five (5) pages, inclusive of treatment. See 19 CFR 201.6. Documents Commission is soliciting submissions attachments, concerning the public for which confidential treatment by the on public interest issues raised by the interest in light of the ALJ’s Commission is properly sought will be recommended relief should the Recommended Determination on treated accordingly. All information, Commission find a violation. This Remedy and Bonding issued in this including confidential business notice is soliciting comments from the investigation on June 10, 2021. information and documents for which public only. Comments should address whether confidential treatment is properly FOR FURTHER INFORMATION CONTACT: issuance of the recommended remedial sought, submitted to the Commission for Ronald A. Traud, Esq., Office of the order in this investigation, should the purposes of this Investigation may be General Counsel, U.S. International Commission find a violation, would disclosed to and used: (i) By the Trade Commission, 500 E Street SW, affect the public health and welfare in Commission, its employees and Offices, Washington, DC 20436, telephone (202) the United States, competitive and contract personnel (a) for 205–3427. Copies of non-confidential conditions in the United States developing or maintaining the records documents filed in connection with this economy, the production of like or of this or a related proceeding, or (b) in investigation may be viewed on the directly competitive articles in the internal investigations, audits, reviews, Commission’s electronic docket (EDIS) United States, or United States and evaluations relating to the at https://edis.usitc.gov. For help consumers. programs, personnel, and operations of accessing EDIS, please email In particular, the Commission is the Commission including under 5 [email protected]. General interested in comments that: U.S.C. Appendix 3; or (ii) by U.S. information concerning the Commission (i) Explain how the articles government employees and contract may also be obtained by accessing its potentially subject to the recommended personnel, solely for cybersecurity internet server at https://www.usitc.gov. remedial orders are used in the United purposes. All contract personnel will Hearing-impaired persons are advised States; sign appropriate nondisclosure (ii) identify any public health, safety, that information on this matter can be agreements. All nonconfidential written or welfare concerns in the United States obtained by contacting the submissions will be available for public relating to the recommended orders; inspection on EDIS. Commission’s TDD terminal on (202) (iii) identify like or directly 205–1810. This action is taken under the competitive articles that complainant, authority of section 337 of the Tariff Act SUPPLEMENTARY INFORMATION: Section its licensees, or third parties make in the 337 of the Tariff Act of 1930 provides of 1930, as amended (19 U.S.C. 1337), United States which could replace the and in Part 210 of the Commission’s that, if the Commission finds a subject articles if they were to be violation, it shall exclude the articles Rules of Practice and Procedure (19 CFR excluded; part 210). concerned from the United States: (iv) indicate whether complainant, unless, after considering the effect of such complainant’s licensees, and/or third- By order of the Commission. exclusion upon the public health and party suppliers have the capacity to Issued: June 10, 2021. welfare, competitive conditions in the United replace the volume of articles Lisa Barton, States economy, the production of like or potentially subject to the recommended Secretary to the Commission. directly competitive articles in the United orders within a commercially States, and United States consumers, it finds [FR Doc. 2021–12568 Filed 6–14–21; 8:45 am] reasonable time; and BILLING CODE 7020–02–P that such articles should not be excluded (v) explain how the recommended from entry. orders would impact consumers in the 19 U.S.C. 1337(d)(1). A similar United States. provision applies to cease and desist Written submissions must be filed no DEPARTMENT OF LABOR orders. 19 U.S.C. 1337(f)(1). later than by close of business on July The Commission is soliciting 10, 2021. Occupational Safety and Health submissions on public interest issues Persons filing written submissions Administration raised by the recommended relief must file the original document [Docket No. OSHA–2007–0042] should the Commission find a violation, electronically on or before the deadlines specifically: A limited exclusion order stated above. The Commission’s paper TUV Rheinland of North America, Inc.: that is no longer than 17 months filing requirements in 19 CFR 210.4(f) Applications for Expansion of directed to certain foodservice are currently waived. 85 FR 15798 Recognition equipment and components thereof (March 19, 2020). Submissions should imported, sold for importation, and/or refer to the investigation number (‘‘Inv. AGENCY: Occupational Safety and Health sold after importation by respondents No. 337–TA–1166’’) in a prominent Administration (OSHA), Labor. Guangzhou Rebenet Catering Equipment place on the cover page and/or the first ACTION: Notice. Manufacturing Co., Ltd.; Zhou Hao; page. (See Handbook for Electronic Aceplus International Limited (aka Ace Filing Procedures, https:// SUMMARY: In this notice, OSHA Plus International Ltd.); Guangzhou www.usitc.gov/documents/handbook_ announces the applications of TUV Liangsheng Trading Co., Ltd.; and Zeng on_filing_procedures.pdf.). Persons with Rheinland of North America, Inc., for Zhaoliang. The ALJ did not recommend questions regarding filing should expansion of the scope of recognition as the issuance of any cease and desist contact the Secretary (202–205–2000). a Nationally Recognized Testing orders. Parties are to file public interest Any person desiring to submit a Laboratory (NRTL) and presents the submissions pursuant to 19 CFR document to the Commission in agency’s preliminary finding to grant 210.50(a)(4). confidence must request confidential the applications. The Commission is interested in treatment. All such requests should be DATES: Submit comments, information, further development of the record on directed to the Secretary to the and documents in response to this the public interest in this investigation. Commission and must include a full notice, or requests for an extension of

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time to make a submission, on or before FOR FURTHER INFORMATION CONTACT: Appendix A to 29 CFR 1910.7. This June 30, 2021. Information regarding this notice is appendix requires that the agency available from the following sources: publish two notices in the Federal ADDRESSES: Comments may be Press inquiries: Contact Mr. Frank Register in processing an application. In submitted as follows: Meilinger, Director, OSHA Office of the first notice, OSHA announces the Electronically: You may submit Communications, U.S. Department of application and provides the comments, including attachments, Labor; telephone: (202) 693–1999; preliminary finding. In the second electronically at http:// email: [email protected]. notice, the agency provides the final www.regulations.gov, the Federal General and technical information: decision on the application. These eRulemaking Portal. Follow the online Contact Mr. Kevin Robinson, Director, notices set forth the NRTL’s scope of instructions for submitting comments. Office of Technical Programs and recognition or modifications of that Coordination Activities, Directorate of Docket: To read or download scope. OSHA maintains an Technical Support and Emergency comments or other material in the informational web page for each NRTL, Management, Occupational Safety and docket, go to http:// including TUVRNA, which details the Health Administration, U.S. Department www.regulations.gov. Documents in the NRTL’s scope of recognition. These of Labor; phone: (202) 693–2110 or pages are available from the OSHA docket are listed in the http:// email: [email protected]. www.regulations.gov index; however, website at http://www.osha.gov/dts/ SUPPLEMENTARY INFORMATION: some information (e.g., copyrighted otpca/nrtl/index.html. material) is not publicly available to I. Notice of the Application for TUVRNA currently has eight facilities read or download through the website. Expansion (sites) recognized by OSHA for product testing and certification, with the All submissions, including copyrighted OSHA is providing notice that TUV headquarters located at: TUV Rheinland material, are available for inspection Rheinland of North America, Inc. of North America, Inc., 12 Commerce through the OSHA Docket Office. (TUVRNA) is applying for an expansion Road, Newtown, Connecticut 06470. A Contact the OSHA Docket Office for of current recognition as a NRTL. complete list of TUVRNA sites assistance in locating docket TUVRNA requests the addition of recognized by OSHA is available at submissions. eleven test standards to the NRTL scope https://www.osha.gov/dts/otpca/nrtl/ of recognition. Instructions: All submissions must tuv.html. include the agency name and the OSHA OSHA recognition of a NRTL signifies docket number for this Federal Register that the organization meets the II. General Background on the notice (OSHA–2007–0042). OSHA will requirements specified in 29 CFR Application place comments and requests to speak, 1910.7. Recognition is an acknowledgment that the organization TUVRNA submitted an application, including personal information, in the dated February 6, 2019 (OSHA–2007– public docket, which may be available can perform independent safety testing and certification of the specific products 0042–0050), to expand their recognition online. Therefore, OSHA cautions to include the addition of nine test interested parties about submitting covered within the scope of recognition. Each NRTL’s scope of recognition standards. TUVRNA submitted a second personal information such as Social application, dated September 27, 2019 Security numbers and birthdates. For includes (1) the type of products the NRTL may test, with each type specified (OSHA–2007–0042–0051), to expand further information on submitting their recognition to include the addition comments, see the ‘‘Public by the applicable test standard and (2) the recognized site(s) that has/have the of five test standards. The first Participation’’ heading in the section of technical capability to perform the application was amended on May 3, this notice titled SUPPLEMENTARY product-testing and product- 2021, to remove three standards from INFORMATION. certification activities for test standards the original expansion request for nine Extension of comment period: Submit within the NRTL’s scope. Recognition is standards. OSHA staff performed a requests for an extension of the not a delegation or grant of government detailed analysis of the application comment period on or before June 30, authority; however, recognition enables packets and reviewed other pertinent 2021 to the Office of Technical employers to use products approved by information. OSHA did not perform any Programs and Coordination Activities, the NRTL to meet OSHA standards that on-site reviews in relation to these Directorate of Technical Support and require product testing and certification. applications. Emergency Management, Occupational The agency processes applications by Table 1 lists the appropriate test Safety and Health Administration, U.S. a NRTL for initial recognition and for an standards found in TUVRNA’s Department of Labor; or by fax to (202) expansion or renewal of this applications for expansion of the scope 693–1644. recognition, following requirements in of recognition under the NRTL Program.

TABLE 1—PROPOSED LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN TUVRNA’S NRTL SCOPE OF RECOGNITION

Test standard Test standard title

UL 60745–2–3 ...... Particular Requirements for Grinders, Polishers and Disk-Type Sanders. UL 60745–2–13 ..... Particular Requirements for Chain Saws. UL 60745–2–15 ..... Particular Requirements for Hedge Trimmers. UL 2594 ...... Standard for Electric Vehicle Supply Equipment. UL 61800–5–1 ...... Adjustable Speed Electrical Power Drive Systems—Part 5–1: Safety Requirements—Electrical, Thermal and Energy. UL 3703 ...... Standard for Solar Trackers. UL 943B ...... Appliance Leakage—Current Interrupters. UL 962A ...... Standard for Furniture Power Distribution Units. UL 1059 ...... Standard for Terminal Blocks. UL 1449 ...... Standard for Surge Protective Devices.

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TABLE 1—PROPOSED LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN TUVRNA’S NRTL SCOPE OF RECOGNITION—Continued

Test standard Test standard title

UL 60730–2–9 ...... Standard for Automatic Electrical Controls—Part 2–9: Particular Requirements for Temperatures Sensing Controls.

III. Preliminary Finding on the Avenue NW, Washington, DC 20210, through the OSHA Docket Office. Applications authorized the preparation of this Contact the OSHA Docket Office for TUVRNA submitted acceptable notice. Accordingly, the agency is assistance in locating docket applications for expansion of the scope issuing this notice pursuant to Section submissions. of recognition. OSHA’s review of the 29 U.S.C. 657(g)(2), Secretary of Labor’s Instructions: All submissions must application files indicates that TUVRNA Order No. 8–2020 (85 FR 58393; Sept. include the agency name and the OSHA can meet the requirements prescribed by 18, 2020), and 29 CFR 1910.7. docket number for this Federal Register 29 CFR 1910.7 for expanding Signed at Washington, DC, on June 8, 2021. notice (OSHA–2006–0040). OSHA will place comments and requests to speak, recognition to include the addition of James S. Frederick, these eleven test standards for NRTL including personal information, in the Acting Assistant Secretary of Labor for public docket, which may be available testing and certification. This Occupational Safety and Health. preliminary finding does not constitute online. Therefore, OSHA cautions [FR Doc. 2021–12463 Filed 6–14–21; 8:45 am] interested parties about submitting an interim or temporary approval of BILLING CODE 4510–26–P TUVRNA’s applications. personal information such as Social OSHA welcomes public comment as Security numbers and birthdates. For to whether TUVRNA meets the DEPARTMENT OF LABOR further information on submitting requirements of 29 CFR 1910.7 for comments, see the ‘‘Public expansion of recognition as a NRTL. Occupational Safety and Health Participation’’ heading in the section of Comments should consist of pertinent Administration this notice titled SUPPLEMENTARY INFORMATION. written documents and exhibits. [Docket No. OSHA–2006–0040] Commenters needing more time to Extension of comment period: Submit requests for an extension of the comment must submit a request in SGS North America, Inc.: Application comment period on or before June 30, writing, stating the reasons for the for Expansion of Recognition request by the due date for comments. 2021 to the Office of Technical OSHA will limit any extension to 10 AGENCY: Occupational Safety and Health Programs and Coordination Activities, days unless the requester justifies a Administration (OSHA), Labor. Directorate of Technical Support and longer time period. OSHA may deny a ACTION: Notice. Emergency Management, Occupational request for an extension if it is not Safety and Health Administration, U.S. SUMMARY: adequately justified. To obtain or review In this notice, OSHA Department of Labor, or by fax to (202) copies of the exhibits identified in this announces the application of SGS North 693–1644. notice, as well as comments submitted America, Inc., for expansion of FOR FURTHER INFORMATION CONTACT: to the docket, contact the Docket Office, recognition as a Nationally Recognized Information regarding this notice is Occupational Safety and Health Testing Laboratory (NRTL) and presents available from the following sources: Administration, U.S. Department of the agency’s preliminary finding to Press inquiries: Contact Mr. Frank Labor. These materials also are available grant the application. Meilinger, Director, OSHA Office of online at https://www.regulations.gov DATES: Submit comments, information, Communications, U.S. Department of under Docket No. OSHA–2007–0042. and documents in response to this Labor, telephone: (202) 693–1999; OSHA staff will review all comments notice, or requests for an extension of email: [email protected]. to the docket submitted in a timely time to make a submission, on or before General and technical information: manner. After addressing the issues June 30, 2021. Contact Mr. Kevin Robinson, Director, raised by these comments, staff will ADDRESSES: Submit comments by any of Office of Technical Programs and make a recommendation to the Assistant the following methods: Coordination Activities, Directorate of Secretary of Labor for Occupational Electronically: You may submit Technical Support and Emergency Safety and Health on whether to grant comments and attachments Management, Occupational Safety and TUVRNA’s applications for expansion electronically at: https:// Health Administration, U.S. Department of the scope of recognition. The www.regulations.gov, which is the of Labor; phone: (202) 693–2110 or Assistant Secretary will make the final Federal eRulemaking Portal. Follow the email: [email protected]. decision on granting the applications. In instructions online for submitting SUPPLEMENTARY INFORMATION: making this decision, the Assistant comments. I. Notice of the Application for Secretary may undertake other Docket: To read or download Expansion proceedings prescribed in Appendix A comments or other material in the to 29 CFR 1910.7. docket, go to http:// The Occupational Safety and Health OSHA will publish a public notice of www.regulations.gov. Documents in the Administration is providing notice that the final decision in the Federal docket are listed in the http:// SGS North America, Inc. (SGS) is Register. www.regulations.gov index; however, applying for an expansion of the current some information (e.g., copyrighted recognition as a NRTL. SGS requests the Authority and Signature material) is not publicly available to addition of thirteen test standards to the James S. Frederick, Acting Assistant read or download through the website. NRTL scope of recognition. Secretary of Labor for Occupational All submissions, including copyrighted OSHA recognition of a NRTL signifies Safety and Health, 200 Constitution material, are available for inspection that the organization meets the

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requirements specified in 29 CFR recognition, following requirements in Suwanee, Georgia 30024. A complete 1910.7. Recognition is an Appendix A to 29 CFR 1910.7. This list of SGS’s scope of recognition is acknowledgment that the organization appendix requires that the agency available at https://www.osha.gov/dts/ can perform independent safety testing publish two notices in the Federal otpca/nrtl/sgs.html. and certification of the specific products Register in processing an application. In covered within the scope of recognition. the first notice, OSHA announces the II. General Background on the Each NRTL’s scope of recognition application and provides a preliminary Application includes (1) the type of products the finding. In the second notice, the agency SGS submitted an application to NRTL may test, with each type specified provides the final decision on the by the applicable test standard; and (2) application. These notices set forth the OSHA to expand recognition as a NRTL the recognized site(s) that has/have the NRTL’s scope of recognition or to include thirteen additional test technical capability to perform the modifications of that scope. OSHA standards on January 20, 2021 (OSHA– product-testing and product- maintains an informational web page for 2006–0040–0064). OSHA staff certification activities for test standards each NRTL, including SGS, which performed a detailed analysis of the within the NRTL’s scope. Recognition is details the NRTL’s scope of recognition. application packet and reviewed other not a delegation or grant of government These pages are available from the pertinent information. OSHA did not authority; however, recognition enables OSHA website at http://www.osha.gov/ perform any on-site reviews in relation employers to use products approved by dts/otpca/nrtl/index.html. to this application. the NRTL to meet OSHA standards that SGS currently has nine facilities Table 1 lists the appropriate test require product testing and certification. (sites) recognized by OSHA for product standards found in SGS’s application for The agency processes applications by testing and certification, with the expansion for testing and certification of a NRTL for initial recognition and for an headquarters located at: SGS North products under the NRTL Program. expansion or renewal of this America, Inc., 620 Old Peachtree Road,

TABLE 1—PROPOSED LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN SGS’S NRTL SCOPE OF RECOGNITION

Test standard Test standard title

UL 121201 ...... Nonincendive Electrical Equipment for Use in Class I and II, Division 2 and Class III, Divisions 1 and 2 Hazardous (Classi- fied) Locations. UL 60079–0 ...... Explosive Atmospheres—Part 0: Equipment—General Requirements. UL 60079–1 ...... Explosive Atmospheres—Part 1: Equipment Protection by Flameproof Enclosures ‘‘d’’. UL 60079–2 ...... Explosive Atmospheres—Part 2: Protection by Pressurized Enclosures ‘‘p’’. UL 60079–5 ...... Explosive Atmospheres—Part 5: Equipment Protection by Powder Filling ‘‘q’’. UL 60079–6 ...... Explosive Atmospheres—Part 6: Equipment Protection by Oil Immersion ‘‘o’’. UL 60079–7 ...... Explosive Atmospheres—Part 7: Equipment Protection by Increased Safety ‘‘e’’. UL 60079–11 ...... Explosive Atmospheres—Part 11: Equipment Protection by Intrinsic Safety ‘‘i’’. UL 60079–15 ...... Explosive Atmospheres—Part 15: Equipment Protection by Type of Protection ‘‘n’’. UL 60079–18 ...... Explosive Atmospheres—Part 18: Equipment Protection by Encapsulation ‘‘m’’. UL 60079–26 ...... Explosive Atmospheres—Part 26: Equipment for Use in Class I, Zone 0 Hazardous (Classified) Locations. UL 60079–28 ...... Standard for Explosive Atmospheres—Part 28: Protection of Equipment and Transmission Systems Using Optical Radi- ation. UL 60079–31 ...... Standard for Explosive Atmospheres—Part 31: Equipment Dust Ignition Protection Enclosure ‘‘t’’.

III. Preliminary Findings on the extension by the due date for comments. the application. In making this decision, Application OSHA will limit any extension to 10 the Assistant Secretary may undertake SGS submitted an acceptable days unless the requester justifies a other proceedings prescribed in application for expansion of the scope longer period. OSHA may deny a Appendix A to 29 CFR 1910.7. OSHA of recognition. OSHA’s review of the request for an extension if the request is will publish a public notice of the final application file and pertinent not adequately justified. To obtain or decision in the Federal Register. review copies of the exhibits identified documentation indicates that SGS can V. Authority and Signature meet the requirements prescribed by 29 in this notice, as well as comments CFR 1910.7 for expanding the submitted to the docket, contact the James S. Frederick, Acting Assistant recognition to include the addition of Docket Office, Occupational Safety and Secretary of Labor for Occupational these thirteen test standards for NRTL Health Administration, U.S. Department Safety and Health, 200 Constitution testing and certification listed above. of Labor. These materials also are Avenue NW, Washington, DC 20210, This preliminary finding does not available online at http:// authorized the preparation of this constitute an interim or temporary www.regulations.gov under Docket No. notice. Accordingly, the agency is approval of SGS’s application. OSHA–2006–0040. issuing this notice pursuant to 29 U.S.C. OSHA welcomes public comment as OSHA staff will review all comments 657(g)(2), Secretary of Labor’s Order No. to whether SGS meets the requirements to the docket submitted in a timely 8–2020 (85 FR 58393, September 18, of 29 CFR 1910.7 for expansion of the manner and, after addressing the issues 2020) and 29 CFR 1910.7. recognition as a NRTL. Comments raised by these comments, will make a Signed at Washington, DC, on June 8, 2021. should consist of pertinent written recommendation to the Assistant documents and exhibits. Commenters Secretary for Occupational Safety and James S. Frederick, needing more time to comment must Health whether to grant SGS’s Acting Assistant Secretary of Labor for submit a request in writing, stating the application for expansion of the scope Occupational Safety and Health. reasons for the request. Commenters of recognition. The Assistant Secretary [FR Doc. 2021–12466 Filed 6–14–21; 8:45 am] must submit the written request for an will make the final decision on granting BILLING CODE 4510–26–P

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NATIONAL AERONAUTICS AND addition, NASA cannot accept communities and individuals; (2) SPACE ADMINISTRATION comments contained on any form of potential systemic barriers that digital media storage devices, such as underserved and underrepresented [Document Number NASA–21–038; Docket communities and individuals may face Number–NASA–2021–0002] CDs/DVDs and USB drives. If you cannot submit your comment by using in agency procurement, and contracting, Request for Information on Advancing http://www.regulations.gov, please and grant opportunities; (3) whether Racial Equity and Support for contact (include regulatory POC name, new policies, regulations, or guidance Underserved Communities in NASA telephone, and address) for alternate documents may be necessary to advance Programs, Contracts and Grants instructions. equity in agency actions and programs; Process FOR FURTHER INFORMATION CONTACT: and (4) how agencies’ resources and Issues regarding submission or tools can assist in enhancing equity. AGENCY: National Aeronautics and The Equity E.O. defines the following questions on this RFI can be sent to Space Administration (NASA). terms noted below and these terms are Dorice Kenely, Procurement Analyst, ACTION: Request for information (RFI). used throughout this RFI: Office of Procurement at (202) 358–0443 • The term ‘‘equity’’ means the SUMMARY: The National Aeronautics and or [email protected]. consistent and systematic fair, just, and Space Administration (NASA) is issuing SUPPLEMENTARY INFORMATION: impartial treatment of all individuals, this Request for Information (RFI) to I. Background including individuals who belong to receive input from the public on underserved communities that have NASA’s mission directorates’ programs, NASA is issuing this Request for been denied such treatment, Black, procurements, grants, regulations and Information (RFI) to receive input from Latino, and Indigenous and Native policies. NASA will use this the public on NASA’s mission American persons, Asian Americans information to evaluate, implement, directorates’ programs, procurements, and Pacific Islanders and other persons modify, expand, and streamline its grants, regulations and policies. NASA of color; members of religious programs, procurements, grants, will use this information to evaluate, minorities; lesbian, gay, bisexual, regulations and policies to remove implement, modify, expand, and transgender, and queer (LGBTQ+) systemic inequitable barriers and streamline its programs, procurements, persons; persons with disabilities; challenges facing underserved grants, regulations and policies to persons who live in rural areas; and communities. NASA will also use remove systemic inequitable barriers persons otherwise adversely affected by advanced research, data collection and and challenges facing underserved persistent poverty or inequality. technologies to assist in inter and intra- communities. NASA will also use • The term ‘‘underserved agency execution of this advanced research, data collection and communities’’ refers to populations Administration’s policy to advance technologies to assist in inter and intra- sharing a particular characteristic, as equity for all, including people of color agency execution of the President’s well as geographic communities, that and others who have been historically Executive Order 13985, entitled have been systematically denied the full underserved, marginalized, and ‘‘Advancing Racial Equity and Support opportunity to participate in aspects of adversely affected by persistent poverty for Underserved Communities Through economic, social, and civic life, as and inequality. the Federal Government’’ (Equity E.O.), exemplified by the list in the preceding signed by the President on January 20, definition of ‘‘equity.’’ DATES: Comments are requested on or 2021. Pursuant to the Equity E.O. • The term ‘‘environmental justice,’’ before July 12, 2021. Early comments agencies were asked to ‘‘assess whether, referenced in E.O. 14008, Tackling the are encouraged. Comments received and to what extent, its programs and Climate Crisis at Home and Abroad, after this date will be considered for policies perpetuate systemic barriers to dated January 27, 2021, and defined in future advisory, communicative and opportunities and benefits for people of the White House Environmental Justice outreach efforts to the extent color and other underserved groups.’’ Advisory Council Final practicable. These efforts will help foster NASA’s Recommendations to Executive Order ADDRESSES: vision to benefit the quality of life for all 12898 Revisions released May 21, 2021, • Comments must be identified with on Earth; NASA’s mission to explore, is the just treatment and meaningful the Agency’s name and Docket Number use and enable the development of involvement of all people regardless of NASA–2021–0002 and may be sent to space for human enterprise through race, color, national origin, or income, NASA via the Federal E-Rulemaking research, development and transfer of or ability, with respect to the Portal: http://www.regulations.gov. advanced aeronautics, space and related development, implementation, Follow the online instructions for technologies, Economic Growth and enforcement, and evaluation of laws, submitting comments. All public Security, and Educational Excellence; regulations, programs, policies, comments received are subject to the and NASA’s goal to enrich our Nation’s practices, and activities, that affect Freedom of Information Act and will be society and economy with a fair and human health and the environment. posted in their entirety at https:// equitable approach. This term will also be used throughout www.regulations.gov/, including any NASA seeks this input pursuant to this RFI. personal and/or business confidential the Equity E.O. to create a whole-of- NASA inspires the Nation by information provided. Do not include government approach to advance equity advancing understanding of the Earth any information you would not like to for those who have been historically and space sending astronauts and be made publicly available. underserved and adversely impacted robotic missions to explore the solar • Mail: Comments submitted in a due to systemic programmatic and system and developing new manner other than the one listed above, policy inequities. The E.O. requires technologies and approaches to improve including emails or letters sent to OP or agencies to review existing programs, aviation and space activities. Our work OSBP officials may not be accepted. practices and policies to assess: (1) benefits Americans and all humanity. • Hand Delivery: Please note that Potential systemic barriers to accessing Today, our Nation’s economic NASA cannot accept any comments that agencies’ benefits and services for prosperity, National security, and are hand delivered or couriered. In people of color and other underserved cultural identity depend on our

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leadership in aeronautics, space support successful accomplishment of necessary access, information, and tools exploration, and science. NASA accepts the Agency’s current and future to partner with NASA? the challenge to continue our legacy of missions. OP provides policy, oversight, 5. Are NASA Funding Opportunities achievement and greatly expand the and optimization of procurement clear in the description of eligibility benefits we provide to mankind. resources, and supports Mission requirements for underserved Descriptions have been provided for the Directorate acquisition strategies to communities? If not, how can they be following NASA Offices mentioned in enable more efficient operations for the improved? this RFI. Agency. For more information on OP, 6. How might NASA better assist individuals and institutions from II. NASA Offices see https://www.nasa.gov/office/ procurement. underserved communities in identifying The Office of STEM Engagement The Office of Small Business financial assistance opportunities delivers tools for young Americans and Programs (OSBP) at NASA Headquarters funded by NASA that they are eligible educators to learn and succeed. OSTEM promotes and integrates all small to win? seeks to: (1) Create unique opportunities businesses into the competitive base of 7. Besides NSPIRES and Grants.gov, for a diverse set of students to contractors that pioneer the future of where else could financial assistance contribute to NASA’s work in space exploration, scientific discovery, opportunities be posted, advertised, or exploration and discovery; (2) Build a and aeronautics research. For more communicated to better reach diverse future STEM workforce by information on OSBP, see https:// underserved communities and engaging students in authentic learning www.nasa.gov/osbp. individuals? experiences with NASA’s people, 8. How might NASA improve its content and facilities; and (3) Attract III. Discussion of Questions financial assistance application process diverse groups of students to STEM To support and achieve the objectives to better assist individuals and through learning opportunities that of the Equity E.O., NASA is conducting institutions; what resources could spark interest and provide connections an internal assessment of mission NASA provide to assist underserved to NASA’s mission and work. For more programs and mission support programs communities? information on OSTEM, see https:// and is soliciting public input to better 9. Is there a specific NASA regulation, www.nasa.gov/stem/about.html. understand and identify the systemic policy, or requirement that presents The Science Mission Directorate barriers to individuals and institutions (SMD) expands the frontiers of Earth barriers and challenges facing people of color and other underserved that are part of underserved science, heliophysics, planetary science, communities from identifying or and astrophysics. Using robotic communities to access and participate in NASA programs, contracts, and applying for NASA financial assistance observatories, explorer craft, ground- opportunities or implementing a based instruments, and a peer-reviewed grants processes. The information and input from this RFI will assist the financial assistance award? portfolio of sponsored research, SMD 10. What challenges do NASA Agency with addressing gaps in equity seeks knowledge about our solar system, financial assistance recipients face while utilizing advanced science-based the farthest reaches of space and time, when developing and implementing data and transfer technologies for and our changing Earth. For more policies and procedures that advance environmental protection, climate information on SMD, see https:// diversity and inclusion and/or equity resiliency and environmental justice. science.nasa.gov. for underserved communities? The Space Technology Mission The following list of questions and topic 11. What resources could NASA Directorate (STMD) develops areas are intended to guide the public in provide to assist with the development transformative space technologies to this effort: or implementation of policies and enable NASA’s future missions. NASA’s Barriers/Gaps to Accessing Current procedures that advance diversity and investments in revolutionary, American- NASA Grants, Programs and inclusion and/or equity for underserved made technologies provide solutions on Procurements communities? Earth and in space. For more 12. What challenges do NASA information on STMD Programs, see 1. What challenges, issues, or financial assistance recipients face https://www.nasa.gov/directorates/ obstacles have been encountered with regarding compliance with spacetech/home/index.html. the scientific competition and award nondiscrimination laws, such as Title VI The Office Chief Financial Officer, implementation processes, especially of the Civil Rights Act of 1964, Title IX Grants Policy and Compliance (GPC) the challenges, issues, or obstacles that of the Education Amendments of 1972, Branch provides leadership and impact underserved communities? Section 504 of the Rehabilitation Act of oversight in grants management policy 2. What are some tools that NASA 1973, or the Age Discrimination Act of and compliance and internal guidance should consider for purposes of 1975? What role can NASA play in and training to NASA Technical increasing access to information related addressing those challenges? Officers, Grant Officers, and the Grants to Notice of Funding Opportunities or 13. What practical, complex and Community implementing government- grant programs to reach communities technologically innovative steps that, if wide and NASA specific regulations for that are historically underserved and implemented, could reduce barriers and awarding and administering grants and underrepresented by NASA and the challenges perceived or encountered by cooperative agreements. In Fiscal Year federal government more broadly? vendors/aspiring contractors when 2019, NASA issued $1.1 Billion in 3. What resources could NASA participating in the procurement grants and cooperative agreements. Each provide to better assist underserved process? year NASA issues 1,977 new awards communities with identifying new 14. What policies, regulations, or and provides policy guidance and opportunities to partner with NASA or guidance documents should NASA add, instruction for 6,646 awards. For more access its grants, programs or data? revise, or remove to advance equity for information on GPC, see https:// 4. What are some of the best practices underserved communities in the www.nasa.gov/offices/ocfo/gpc. that NASA could put in place to ensure procurement process? The Office of Procurement (OP) individuals and organizations from 15. What barriers do academic, non- oversees the acquisition process to underserved communities have the profit or philanthropic institutions face

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to accessing and using NASA data, challenges facing underserved communities when announcing science and technology to address communities? available procurement actions? environmental justice and other equity 7. What types of data are most needed 10. How should NASA enhance or challenges facing underserved that would assist academic, non-profit change its communication and outreach communities? or philanthropic institutions in engagements to ensure that members of 16. What barriers or challenges do advancing environmental justice; underserved communities are made of institutions or organizations face in supporting rural, urban, and coastal aware of procurement opportunities and recruiting diverse students from communities; and addressing equity have a fair opportunity to compete for underserved communities to apply to challenges facing underserved such opportunities? and participate in internships or similar communities? 11. In addition to our normal modes work-based learning experiences (e.g., 8. What other opportunities are there of publicizing and sharing information research opportunities, coops, for NASA to leverage its data, expertise, about our procurements (e.g., externships)? and missions to address challenges Fedbizopps, Industry Days, Public 17. What barriers or challenges do facing rural, urban, and coastal areas; Meetings etc.), what other tools should institutions or organizations face in communities of color; persons with NASA use to share information about retaining diverse students from disabilities; persons otherwise adversely available procurements to reach a wider underserved communities who apply to affected by persistent poverty or audience that includes businesses, and participate in internships or similar inequality; and other members of institutions and individuals not work-based learning experiences (e.g., underserved communities? typically engaged with NASA? 12. What professional associations research opportunities, coops, Engagement and Outreach With externships)? and organizations should NASA contact Organizations and Individuals From to reach members of underserved Opportunities for NASA to Leverage Its Underserved Communities communities to provide information Data, Expertise, Missions To Help 1. How can the NASA Office of Small about available procurement Underserved Communities Business Programs (OSBP) improve the opportunities that align with their 1. How can NASA utilize SMD’s effectiveness of its outreach events to capabilities and policy and process scientific competition process to include better representation and changes that impact their operations? develop research and tools that will substantive participation from small 13. What resources or avenues can advance environmental justice, support businesses owned or operated by NASA expand upon to bring awareness rural, urban, and coastal communities, leaders from underserved communities? to underrepresented and underserved and address equity challenges facing (virtual and in-person) communities and improve their underserved communities? 2. What can OSBP do to better engage participation and outcomes, including HBCUs and MSIs? For example, how 2. How can NASA better collaborate underrepresented communities in might NASA expand participation with academic research institutions, NASA’s outreach and small business through the following STMD programs: particularly Historically Black Colleges events? 3. How can OSBP improve the OSBP • NASA maintains a portfolio of and Universities (HBCU), Hispanic Mobile App in being more effective in patents with commercial potential and Serving Institutions (HSI), and other providing small business information to makes them available to the public Minority Serving Institutions (MSI), to underrepresented communities? through our patent license program. advance environmental justice, support 4. What organizations should NASA Further, NASA’s Software Catalog offers rural, urban, and coastal communities, partner with to ensure underrepresented hundreds of new free software products and address equity challenges facing communities are represented in the for a wide variety of technical underserved communities? awarding of NASA grants and applications. These resources offer the 3. What opportunities do you see for cooperative agreements? opportunity for entrepreneurs to build NASA research-to advance 5. What products or outreach new products and companies, environmental justice, support rural, materials are most effective in reaching generating economic impact and jobs. urban, and coastal communities, and underserved or underrepresented • NASA offers devoted research and address equity challenges facing communities for grant and procurement development funding to small underserved communities? opportunities? businesses and entrepreneurs through 4. How can NASA better collaborate 6. What mediums would be the best the SBIR/STTR programs, which also with non-profit and philanthropic to advertise NASA grants and offer pathways to directed procurements organizations to advance environmental cooperative agreements in order to reach from NASA. justice; support rural, urban, and coastal HBCUs, HSIs and other MSIs and other • NASA offers a host of research and communities; and address equity institutions focused on advancing racial development grants to universities and challenges facing underserved justice and/or equity for underserved other innovators through the Space communities? communities? Technology Research (STRG) and NASA 5. How can NASA better collaborate 7. What are some of the workshops/ Innovative Advanced Concepts (NIAC) with other federal, state, local, regional conferences supporting underserved programs, which engage faculty, and Tribal authorities to advance communities that could benefit from students and university research teams. environmental justice; support rural, NASA’s presence? What types of • NASA makes opportunities urban, and coastal communities; and information would you like to see available for public participation in address equity challenges facing NASA present at these workshops/ NASA research and technology underserved communities? conferences? solutions to support NASA missions 6. What types of data are most needed 8. Do you know how to reach a and inspire new national aerospace that would assist academic, non-profit contracting/procurement staff member capabilities through the Prizes, or philanthropic institutions in to share your capability statement, and Challenges and Crowdsourcing Program. advancing environmental justice, conduct business with NASA? For more information on other STMD supporting rural, urban, and coastal 9. What is the best way for NASA to programs, including technology transfer, communities, and addressing equity reach your members of underserved and funding opportunities, see: https://

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www.nasa.gov/directorates/spacetech/ internships or similar work-based or agreement to initiate a recommended home/index.html and https:// learning experiences (e.g., research change. NASA will consider the www.nasa.gov/directorates/spacetech/ opportunities, coops, externships)? feedback and make changes or process solicitations. 11. What types of data collection, improvements at its sole discretion. analysis, and reporting mechanisms NASA will continue a dialogue with Diversity and Equal Opportunity at should NASA use to assess the industry and stakeholders to stay NASA and in the STEM Community effectiveness and outcomes of connected and engaged on barriers and 1. What strategies should NASA internships or similar work-based challenges that impact members of the consider in creating more diverse and learning experiences? underserved communities. To that end, inclusive workforces and what best 12. Does your institution or NASA will hold a public meeting on practices have been established to organization have any affinity groups or June 29, 2021, from 1:00 p.m. to 3:00 remove or lessen these challenges? committees to support diverse p.m. Please register at https:// 2. What strategies should NASA populations access STEM/internships/ www.nasa.gov/mission-equity to hear consider to ensure opportunity and work-based learning experiences? How and participate in discussions accessibility to particular groups, such does your organization or institution specifically about the barriers and as individuals with disabilities, or define diversity? challenges faced by members of limited English proficient individuals? 13. Does your institution offer any underserved communities and 3. What best practices should NASA formal training to internship/work- recommendations for improving our adopt in conducting outreach to based learning mentors around biases, practices and processes to advance members of underserved communities anti-racism, or general DEIA? racial equity and support underserved including to enhance employment and IV. Written Comments communities. As we get closer to the program participation opportunities? date for this event, additional Written responses should not exceed 4. What diversity, equity, inclusion, information will be provided. Questions 20 pages, inclusive of a 1-page cover and accessibility (DEIA) strategies may be provided in advance; and we page as described below. Attachments should NASA implement to broaden the will do our best to address all questions or linked resources or documents are applicant pool of historically during the event. underrepresented and underserved not included in the 20-page limit. Please students in internships or similar work- respond concisely, in plain language, Nanette Smith, based learning experiences (e.g., and in narrative format. You may Team Lead, NASA Directives and research opportunities, coops, respond to some or all questions listed Regulations. externships)? in the RFI. Please ensure it is clear [FR Doc. 2021–12668 Filed 6–14–21; 8:45 am] 5. What DEIA strategies should NASA which question you are responding to. BILLING CODE 7510–13–P implement to increase the participation You may also include links to online of historically underrepresented and material or interactive presentations but underserved students in internships or please ensure all links are publicly NUCLEAR REGULATORY similar work-based learning experiences available. Each response should COMMISSION (e.g., research opportunities, coops, include: (1) The name of the externships)? individual(s) and/or organization [NRC–2021–0121] responding; (2) policy suggestions that 6. What barriers or challenges do Monthly Notice; Applications and your submission and materials support; institutions or organizations face in Amendments to Facility Operating (3) a brief description of the responding recruiting diverse students from Licenses and Combined Licenses individual(s) or organization’s mission underserved communities to apply to Involving No Significant Hazards and/or areas of expertise; and (4) a and participate in internships or similar Considerations work-based learning experiences (e.g., contact for questions or other follow-up research opportunities, coops, on your response. Please note that this AGENCY: Nuclear Regulatory externships)? RFI is a planning document and will Commission. 7. What barriers or challenges do serve as such. The RFI should not be ACTION: Monthly notice. institutions or organizations face in construed as policy, a solicitation for retaining diverse students from proposals, or an obligation on the part SUMMARY: Pursuant to section 189.a.(2) underserved communities who apply to of the government. Interested parties of the Atomic Energy Act of 1954, as and participate in internships or similar who respond to this RFI may be amended (the Act), the U.S. Nuclear work-based learning experiences (e.g., contacted for a follow-on strategic Regulatory Commission (NRC) is research opportunities, coops, agency assessment dialogue, discussion, publishing this regular monthly notice. externships)? event, crowdsource campaign, or The Act requires the Commission to 8. What DEIA strategies should NASA competition. publish notice of any amendments use to implement virtual internships or issued, or proposed to be issued, and V. Review of Public Feedback similar work-based learning experiences grants the Commission the authority to (e.g., research opportunities, coops, NASA will use the public’s feedback issue and make immediately effective externships)? to help initiate strategic plans, consider any amendment to an operating license 9. What skills and competencies are reforms, and execute reports as required or combined license, as applicable, intentionally being developed through by the Equity E.O. NASA will also use upon a determination by the internships and similar work-based the public’s feedback to consider Commission that such amendment learning experiences (e.g., research reduction of administrative burdens involves no significant hazards opportunities, coops, externships)? more broadly. This notice is issued consideration (NSHC), notwithstanding 10. What barriers or challenges do solely for information and program- the pendency before the Commission of institutions or organizations face when planning purposes. Public input a request for a hearing from any person. collecting data or performing provided in response to this notice does This monthly notice includes all assessments to understand the outcomes not bind NASA to any further actions, amendments issued, or proposed to be of DEIA strategy implementation for to include publishing a formal response issued, from April 30, 2021, to May 26,

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2021. The last monthly notice was nrc.gov. The ADAMS accession number create the possibility of a new or published on May 18, 2021. for each document referenced (if it is different kind of accident from any DATES: Comments must be filed by July available in ADAMS) is provided the accident previously evaluated; or (3) 15, 2021. A request for a hearing or first time that it is mentioned in this involve a significant reduction in a petitions for leave to intervene must be document. margin of safety. • filed by August 16, 2021. Attention: The PDR, where you may The Commission is seeking public examine and order copies of public comments on these proposed ADDRESSES: You may submit comments documents, is currently closed. You determinations. Any comments received by any of the following methods; may submit your request to the PDR via within 30 days after the date of however, the NRC encourages electronic email at [email protected] or call publication of this notice will be comment submission through the 1–800–397–4209 or 301–415–4737, considered in making any final Federal Rulemaking Website: • between 8:00 a.m. and 4:00 p.m. (EST), determinations. Federal Rulemaking Website: Go to Monday through Friday, except Federal Normally, the Commission will not https://www.regulations.gov and search holidays. issue the amendments until the for Docket ID NRC–2021–0121. Address expiration of 60 days after the date of questions about Docket IDs in B. Submitting Comments publication of this notice. The Regulations.gov to Stacy Schumann; The NRC encourages electronic Commission may issue any of these telephone: 301–415–0624; email: comment submission through the license amendments before expiration of [email protected]. For technical Federal Rulemaking Website (https:// the 60-day period provided that its final questions, contact the individual listed www.regulations.gov). Please include determination is that the amendment in the FOR FURTHER INFORMATION Docket ID NRC–2021–0121, facility involves NSHC. In addition, the CONTACT section of this document. name, unit number(s), docket Commission may issue any of these • Mail comments to: Office of number(s), application date, and amendments prior to the expiration of Administration, Mail Stop: TWFN–7– subject, in your comment submission. the 30-day comment period if A60M, U.S. Nuclear Regulatory The NRC cautions you not to include circumstances change during the 30-day Commission, Washington, DC 20555– identifying or contact information that comment period such that failure to act 0001, ATTN: Program Management, you do not want to be publicly in a timely way would result, for Announcements and Editing Staff. disclosed in your comment submission. example in derating or shutdown of the For additional direction on obtaining The NRC will post all comment facility. If the Commission takes action information and submitting comments, submissions at https:// on any of these amendments prior to the see ‘‘Obtaining Information and www.regulations.gov as well as enter the expiration of either the comment period Submitting Comments’’ in the comment submissions into ADAMS. or the notice period, it will publish in SUPPLEMENTARY INFORMATION section of The NRC does not routinely edit the Federal Register a notice of this document. comment submissions to remove issuance. If the Commission makes a FOR FURTHER INFORMATION CONTACT: identifying or contact information. final NSHC determination for any of Janet Burkhardt, Office of Nuclear If you are requesting or aggregating these amendments, any hearing will Reactor Regulation, U.S. Nuclear comments from other persons for take place after issuance. The Regulatory Commission, Washington, submission to the NRC, then you should Commission expects that the need to DC 20555–0001, telephone: 301–415– inform those persons not to include take action on any amendment before 60 1384, email: [email protected]. identifying or contact information that days have elapsed will occur very SUPPLEMENTARY INFORMATION: they do not want to be publicly infrequently. disclosed in their comment submission. I. Obtaining Information and Your request should state that the NRC A. Opportunity To Request a Hearing Submitting Comments does not routinely edit comment and Petition for Leave To Intervene Within 60 days after the date of A. Obtaining Information submissions to remove such information before making the comment publication of this notice, any persons Please refer to Docket ID NRC–2021– submissions available to the public or (petitioner) whose interest may be 0121, facility name, unit number(s), entering the comment into ADAMS. affected by any of these actions may file docket number(s), application date, and a request for a hearing and petition for subject when contacting the NRC about II. Notice of Consideration of Issuance leave to intervene (petition) with respect the availability of information for this of Amendments to Facility Operating to that action. Petitions shall be filed in action. You may obtain publicly Licenses and Combined Licenses and accordance with the Commission’s available information related to this Proposed No Significant Hazards ‘‘Agency Rules of Practice and action by any of the following methods: Consideration Determination Procedure’’ in 10 CFR part 2. Interested • Federal Rulemaking Website: Go to For the following facility-specific persons should consult a current copy https://www.regulations.gov and search amendment requests, the Commission of 10 CFR 2.309. The NRC’s regulations for Docket ID NRC–2021–0121. finds that the licensees’ analyses are accessible electronically from the • NRC’s Agencywide Documents provided, consistent with section 50.91 NRC Library on the NRC’s website at Access and Management System of title 10 of the Code of Federal https://www.nrc.gov/reading-rm/doc- (ADAMS): You may obtain publicly Regulations (10 CFR), are sufficient to collections/cfr/. If a petition is filed, the available documents online in the support the proposed determinations Commission or a presiding officer will ADAMS Public Documents collection at that these amendment requests involve rule on the petition and, if appropriate, https://www.nrc.gov/reading-rm/ NSHC. Under the Commission’s a notice of a hearing will be issued. adams.html. To begin the search, select regulations in 10 CFR 50.92, operation As required by 10 CFR 2.309(d) the ‘‘Begin Web-based ADAMS Search.’’ For of the facilities in accordance with the petition should specifically explain the problems with ADAMS, please contact proposed amendments would not (1) reasons why intervention should be the NRC’s Public Document Room (PDR) involve a significant increase in the permitted with particular reference to reference staff at 1–800–397–4209, 301– probability or consequences of an the following general requirements for 415–4737, or by email to pdr.resource@ accident previously evaluated; or (2) standing: (1) The name, address, and

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telephone number of the petitioner; (2) The final determination will serve to B. Electronic Submissions (E-Filing) the nature of the petitioner’s right to be establish when the hearing is held. If the All documents filed in NRC made a party to the proceeding; (3) the final determination is that the adjudicatory proceedings including nature and extent of the petitioner’s amendment request involves NSHC, the documents filed by an interested State, property, financial, or other interest in Commission may issue the amendment local governmental body, Federally the proceeding; and (4) the possible and make it immediately effective, recognized Indian Tribe, or designated effect of any decision or order which notwithstanding the request for a agency thereof that requests to may be entered in the proceeding on the hearing. Any hearing would take place participate under 10 CFR 2.315(c), must petitioner’s interest. after issuance of the amendment. If the be filed in accordance with 10 CFR In accordance with 10 CFR 2.309(f), final determination is that the 2.302. The E-Filing process requires the petition must also set forth the amendment request involves a participants to submit and serve all specific contentions that the petitioner significant hazards consideration, then adjudicatory documents over the seeks to have litigated in the internet, or in some cases, to mail copies proceeding. Each contention must any hearing held would take place on electronic storage media, unless an consist of a specific statement of the before the issuance of the amendment exemption permitting an alternative issue of law or fact to be raised or unless the Commission finds an filing method, as discussed below, is controverted. In addition, the petitioner imminent danger to the health or safety granted. Detailed guidance on electronic must provide a brief explanation of the of the public, in which case it will issue bases for the contention and a concise an appropriate order or rule under 10 submissions is located in the Guidance statement of the alleged facts or expert CFR part 2. for Electronic Submissions to the NRC (ADAMS Accession No. ML13031A056) opinion that support the contention and A State, local governmental body, on which the petitioner intends to rely and on the NRC website at https:// Federally recognized Indian Tribe, or www.nrc.gov/site-help/e- in proving the contention at the hearing. agency thereof, may submit a petition to The petitioner must also provide submittals.html. the Commission to participate as a party To comply with the procedural references to the specific sources and under 10 CFR 2.309(h)(1). The petition documents on which the petitioner requirements of E-Filing, at least 10 should state the nature and extent of the days prior to the filing deadline, the intends to rely to support its position on petitioner’s interest in the proceeding. the issue. The petition must include participant should contact the Office of The petition should be submitted to the the Secretary by email at sufficient information to show that a Commission no later than 60 days from genuine dispute exists with the [email protected], or by telephone the date of publication of this notice. applicant or licensee on a material issue at 301–415–1677, to (1) request a digital The petition must be filed in accordance of law or fact. Contentions must be identification (ID) certificate, which limited to matters within the scope of with the filing instructions in the allows the participant (or its counsel or the proceeding. The contention must be ‘‘Electronic Submissions (E-Filing)’’ representative) to digitally sign one that, if proven, would entitle the section of this document, and should submissions and access the E-Filing petitioner to relief. A petitioner who meet the requirements for petitions set system for any proceeding in which it fails to satisfy the requirements at 10 forth in this section, except that under is participating; and (2) advise the CFR 2.309(f) with respect to at least one 10 CFR 2.309(h)(2) a State, local Secretary that the participant will be contention will not be permitted to governmental body, or Federally submitting a petition or other participate as a party. recognized Indian Tribe, or agency adjudicatory document (even in Those permitted to intervene become thereof does not need to address the instances in which the participant, or its parties to the proceeding, subject to any standing requirements in 10 CFR counsel or representative, already holds limitations in the order granting leave to 2.309(d) if the facility is located within an NRC-issued digital ID certificate). intervene. Parties have the opportunity its boundaries. Alternatively, a State, Based upon this information, the to participate fully in the conduct of the local governmental body, Federally Secretary will establish an electronic hearing with respect to resolution of recognized Indian Tribe, or agency docket for the proceeding if the that party’s admitted contentions, thereof may participate as a non-party Secretary has not already established an including the opportunity to present under 10 CFR 2.315(c). electronic docket. Information about applying for a evidence, consistent with the NRC’s If a petition is submitted, any person regulations, policies, and procedures. digital ID certificate is available on the who is not a party to the proceeding and Petitions must be filed no later than NRC’s public website at https:// 60 days from the date of publication of is not affiliated with or represented by www.nrc.gov/site-help/e-submittals/ this notice. Petitions and motions for a party may, at the discretion of the getting-started.html. After a digital ID leave to file new or amended presiding officer, be permitted to make certificate is obtained and a docket contentions that are filed after the a limited appearance pursuant to the created, the participant must submit deadline will not be entertained absent provisions of 10 CFR 2.315(a). A person adjudicatory documents in Portable a determination by the presiding officer making a limited appearance may make Document Format. Guidance on that the filing demonstrates good cause an oral or written statement of his or her submissions is available on the NRC’s by satisfying the three factors in 10 CFR position on the issues but may not public website at https://www.nrc.gov/ 2.309(c)(1)(i) through (iii). The petition otherwise participate in the proceeding. site-help/electronic-sub-ref-mat.html. A must be filed in accordance with the A limited appearance may be made at filing is considered complete at the time filing instructions in the ‘‘Electronic any session of the hearing or at any the document is submitted through the Submissions (E-Filing)’’ section of this prehearing conference, subject to the NRC’s E-Filing system. To be timely, an document. limits and conditions as may be electronic filing must be submitted to If a hearing is requested, and the imposed by the presiding officer. Details the E-Filing system no later than 11:59 Commission has not made a final regarding the opportunity to make a p.m. Eastern Time on the due date. determination on the issue of NSHC, the limited appearance will be provided by Upon receipt of a transmission, the Commission will make a final the presiding officer if such sessions are E-Filing system timestamps the determination on the issue of NSHC. scheduled. document and sends the submitter an

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email confirming receipt of the documents electronically must file an available documents in a particular document. The E-Filing system also exemption request, in accordance with hearing docket. Participants are distributes an email that provides access 10 CFR 2.302(g), with their initial paper requested not to include personal to the document to the NRC’s Office of filing stating why there is good cause for privacy information such as social the General Counsel and any others who not filing electronically and requesting security numbers, home addresses, or have advised the Office of the Secretary authorization to continue to submit personal phone numbers in their filings that they wish to participate in the documents in paper format. Such filings unless an NRC regulation or other law proceeding, so that the filer need not must be submitted in accordance with requires submission of such serve the document on those 10 CFR 2.302(b)–(d). Participants filing information. With respect to participants separately. Therefore, adjudicatory documents in this manner copyrighted works, except for limited applicants and other participants (or are responsible for serving their excerpts that serve the purpose of the their counsel or representative) must documents on all other participants. adjudicatory filings and would apply for and receive a digital ID Participants granted an exemption constitute a Fair Use application, certificate before adjudicatory under 10 CFR 2.302(g)(2) must still meet participants should not include documents are filed to obtain access to the electronic formatting requirement in copyrighted materials in their the documents via the E-Filing system. 10 CFR 2.302(g)(1), unless the submission. A person filing electronically using participant also seeks and is granted an The following table provides the plant the NRC’s adjudicatory E-Filing system exemption from 10 CFR 2.302(g)(1). may seek assistance by contacting the name, docket number, date of NRC’s Electronic Filing Help Desk Documents submitted in adjudicatory application, ADAMS accession number, through the ‘‘Contact Us’’ link located proceedings will appear in the NRC’s and location in the application of the on the NRC’s public website at https:// electronic hearing docket, which is licensees’ proposed NSHC www.nrc.gov/site-help/e- publicly available at https:// determinations. For further details with submittals.html, by email to adams.nrc.gov/ehd, unless excluded respect to these license amendment [email protected], or by a toll- pursuant to an order of the presiding applications, see the applications for free call at 1–866–672–7640. The NRC officer. If you do not have an NRC- amendment, which are available for Electronic Filing Help Desk is available issued digital ID certificate as described public inspection in ADAMS. For between 9 a.m. and 6 p.m., Eastern above, click ‘‘cancel’’ when the link additional direction on accessing Time, Monday through Friday, requests certificates and you will be information related to this document, excluding government holidays. automatically directed to the NRC’s see the ‘‘Obtaining Information and Participants who believe that they electronic hearing dockets where you Submitting Comments’’ section of this have good cause for not submitting will be able to access any publicly document. LICENSE AMENDMENT REQUEST(S)

Dominion Energy South Carolina, Inc.; Virgil C. Summer Nuclear Station, Unit 1, Fairfield County, SC

Docket No(s) ...... 50–395. Application date ...... April 8, 2021. ADAMS Accession No ...... ML21102A127. Location in Application of NSHC ...... Pages 1–2 of Attachment 6. Brief Description of Amendment(s) ...... The proposed amendment would modify the technical specifications by relocating specific surveillance fre- quencies to a licensee-controlled program with the implementation of Nuclear Energy Institute (NEI) 04– 10, ‘‘Risk-Informed Technical Specifications Initiative 5b, Risk-Informed Method for Control of Surveillance Frequencies.’’ The changes are consistent with Technical Specifications Task Force (TSTF) Traveler TSTF–425, Revision 3, ‘‘Relocate Surveillance Frequencies to Licensee Control—RITSTF Initiative 5b.’’ Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... W.S. Blair, Senior Counsel, Dominion Resource Services, Inc., 120 Tredegar St., RS–2, Richmond, VA 23219. NRC Project Manager, Telephone Number ...... Vaughn Thomas, 301–415–5897.

DTE Electric Company; Fermi, Unit 2; Monroe County, MI

Docket No(s) ...... 50–341. Application date ...... March 31, 2021. ADAMS Accession No ...... ML21090A194. Location in Application of NSHC ...... Pages 21–22 of Enclosure 1. Brief Description of Amendment(s) ...... The proposed amendment would revise the Fermi 2 technical specifications (TSs) to remove obsolete infor- mation, make minor corrections and some miscellaneous editorial changes. Additionally, the amendment would incorporate specific TS changes such as: adding Completion Times to Sections 3.3.7.2 and 3.3.7.3 for Required Action A.2; removing ‘‘testable check’’ from Part c of Surveillance Requirement 3.4.5.1; changing ‘‘position titles’’ in Sections 5.1.2, 5.2.1, 5.2.2, and 5.7.2; and removing the Core Operating Lim- its Report reference from Section 5.6.5. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Jon P. Christinidis, DTE Energy, Expert Attorney—Regulatory, 688 WCB, One Energy Plaza, Detroit, MI 48226. NRC Project Manager, Telephone Number ...... Surinder Arora, 301–415–1421.

Duke Energy Progress, LLC; Brunswick Steam Electric Plant, Units 1 and 2; Brunswick County, NC

Docket No(s) ...... 50–324, 50–325. Application date ...... April 1, 2021, as supplemented by letter dated April 26, 2021. ADAMS Accession No ...... ML21091A053, ML21116A161. Location in Application of NSHC ...... Pages 8–9 of Attachment 1. Brief Description of Amendment(s) ...... The proposed amendments would modify technical specification requirements to permit the use of risk-in- formed completion times in accordance with Technical Specifications Task Force (TSTF) Traveler TSTF– 505, Revision 2, ‘‘Provide Risk-Informed Extended Completion Times—RITSTF Initiative 4b.’’ Proposed Determination ...... NSHC.

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LICENSE AMENDMENT REQUEST(S)—Continued Name of Attorney for Licensee, Mailing Address ...... Kathryn B. Nolan, Deputy General Counsel, Duke Energy Corporation, 550 South Tryon Street (DEC45A), Charlotte, NC 28202. NRC Project Manager, Telephone Number ...... Andrew Hon, 301–415–8480.

Duke Energy Progress, LLC; Shearon Harris Nuclear Power Plant, Unit 1; Wake and Chatham Counties, NC

Docket No(s) ...... 50–400. Application date ...... February 24, 2021. ADAMS Accession No ...... ML21055A819. Location in Application of NSHC ...... Pages 16–18 of Enclosure 1. Brief Description of Amendment(s) ...... The proposed amendment would remove License Condition 2.G, ‘‘Reporting to the Commission,’’ which re- quires the licensee to report any violations of Operating License Section 2.C within 24 hours to the NRC Operations Center via the Emergency Notification System with a written follow-up within 30 days. Addi- tionally, the proposed change would delete Shearon Harris Nuclear Power Plant (HNP) Technical Speci- fication (TS) 3⁄4.4.10, ‘‘Structural Integrity,’’ revise Administrative Control TS 6.1.2 to eliminate the annual management directive requirement, and revise TS Table 4.3–2, ‘‘Engineered Safety Features Actuation System Instrumentation Surveillance Requirements,’’ to remove an overly restrictive requirement that im- pedes the full application of the Surveillance Frequency Control Program for a specific subset of relays. Lastly, the proposed amendment would also revise the HNP TS to remove the index and place it under li- censee control. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... David Cummings, Associate General Counsel, Mail Code DEC45, 550 South Tryon Street, Charlotte, NC 28202. NRC Project Manager, Telephone Number ...... Michael Mahoney, 301–415–3867.

Duke Energy Progress, LLC; Shearon Harris Nuclear Power Plant, Unit 1; Wake and Chatham Counties, NC

Docket No(s) ...... 50–400. Application date ...... March 24, 2021. ADAMS Accession No ...... ML21083A317. Location in Application of NSHC ...... Pages 6–7 of Enclosure 1. Brief Description of Amendment(s) ...... The proposed amendment would revise the surveillance frequency associated with containment spray noz- zle testing specified by Surveillance Requirement 4.6.2.1.d. Specifically, the proposed change would re- place the current testing frequency, as specified by the Surveillance Frequency Control Program, with an event-based frequency. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... David Cummings, Associate General Counsel, Mail Code DEC45, 550 South Tryon Street, Charlotte, NC 28202. NRC Project Manager, Telephone Number ...... Michael Mahoney, 301–415–3867.

Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC; Beaver Valley Power Station, Units 1 and 2; Beaver County, PA

Docket No(s) ...... 50–334, 50–412. Application date ...... April 26, 2021. ADAMS Accession No ...... ML21117A076. Location in Application of NSHC ...... Pages 7–9 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendments would revise Technical Specification 5.6.3, ‘‘Core Operating Limits Report (COLR),’’ to allow the use of feedwater venturis that have been normalized to prior leading edge flow meter measurements when calculating reactor thermal power. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Rick Giannantonio, General Counsel, Energy Harbor Nuclear Corp., Mail Stop A–GO–15, 76 South Main Street, Akron, OH 44308. NRC Project Manager, Telephone Number ...... Sujata Goetz, 301–415–8004.

Exelon Generation Company, LLC; Braidwood Station, Units 1 and 2, Will County, IL; Byron Station, Unit Nos. 1 and 2, Ogle County, IL; R.E. Ginna Nuclear Power Plant; Wayne County, NY

Docket No(s) ...... 50–244, 50–456, 50–457, 50–454, 50–455. Application date ...... April 7, 2021. ADAMS Accession No ...... ML21097A226. Location in Application of NSHC ...... Pages 11–12 of Attachment 1. Brief Description of Amendment(s) ...... The proposed amendments would revise the Braidwood, Byron, and Ginna technical specifications to ad- dress the issues identified in two Westinghouse Electric Company, LLC documents. The proposed changes would address issues identified in Westinghouse Nuclear Safety Advisory Letter NSAL–09–5, Revision 1, ‘‘Relaxed Axial Offset Control FQ Technical Specification Actions,’’ and Westinghouse Nuclear Safety Advisory Letter NSAL–15–1, Revision 0, ‘‘Heat Flux Hot Channel Factor Technical Specification Surveillance.’’ Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Tamra Domeyer, Associate General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 60555. NRC Project Manager, Telephone Number ...... Joel Wiebe, 301–415–6606.

Exelon Generation Company, LLC; Limerick Generating Station, Units 1 and 2; Montgomery County, PA

Docket No(s) ...... 50–352, 50–353. Application date ...... February 17, 2021. ADAMS Accession No ...... ML21048A324. Location in Application of NSHC ...... Pages 5–7 of Attachment 1.

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LICENSE AMENDMENT REQUEST(S)—Continued Brief Description of Amendment(s) ...... The proposed amendments would revise the Limerick Generating Station, Units 1 and 2 (LGS) Technical Specification (TS) Definitions 1.4, 1.6, and 1.20 for CHANNEL CALIBRATION, CHANNEL FUNCTIONAL TEST, and LOGIC SYSTEM FUNCTIONAL TEST, respectively. The proposed changes will align the LGS TS definitions with the definitions in Technical Specifications Task Force (TSTF) Traveler TSTF–205–A, Revision 3, ‘‘Revision of Channel Calibration, Channel Functional Test, and Related Definitions.’’ Addition- ally, LOGIC SYSTEM FUNCTIONAL TEST is further revised to eliminate the requirement of the logic sys- tem functional test to continue through to the actuating device at the end of the logic circuit sequence. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Tamra Domeyer, Associate General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 60555. NRC Project Manager, Telephone Number ...... V. Sreenivas, 301–415–2597.

Exelon Generation Company, LLC; Peach Bottom Atomic Power Station, Units 2 and 3; York County, PA

Docket No(s) ...... 50–277, 50–278. Application date ...... April 29, 2021. ADAMS Accession No ...... ML21119A141. Location in Application of NSHC ...... Pages 15–17 of Attachment 1. Brief Description of Amendment(s) ...... The proposed amendments would change the Technical Specifications Administrative Controls Section 5.5.7, ‘‘Ventilation Filter Testing Program (VFTP),’’ to change the frequency for performing certain testing requirements from 12 months as currently specified to 24 months. The VFTP establishes the required testing and testing frequency of engineered safety feature filter ventilation systems. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Tamra Domeyer, Associate General Counsel, Exelon Generation Company, LLC, 4300 Winfield Road, Warrenville, IL 60555. NRC Project Manager, Telephone Number ...... Jason Drake, 301–415–8378.

La Crosse Solutions, LLC; La Crosse Boiling Water Reactor; Vernon County, WI

Docket No(s) ...... 50–409, 72–046. Application date ...... March 8, 2021. ADAMS Accession No ...... ML21105A033. Location in Application of NSHC ...... Pages 10–11 of Enclosure 1. Brief Description of Amendment(s) ...... The proposed amendment would revise the La Crosse Boiling Water Reactor (LACBWR) Independent Spent Fuel Storage Installation (ISFSI) Emergency Plan (E-Plan) to adopt changes implemented by NAC International’s Multi-Purpose Canister System (NAC–MPC) Amendment No. 7 to the 10 CFR 72 Certifi- cate of Compliance 1025 for LACBWR, and the NAC–MPC Final Safety Analysis Report, Revision 12, which removes the requirement for the Post Event ISFSI Surveillance. The proposed revisions would also: (1) enhance the ISFSI emergency action levels by providing the ability to classify an emergency in an ef- fective and timely manner without entering the ISFSI protected area and (2) make several other changes to the LACBWR ISFSI E-Plan that require prior NRC approval, including the requirements for performance of a medical drill. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Russ Workman, General Counsel, EnergySolutions, 299 South Main Street, Suite 1700, Salt Lake City, UT 84111. NRC Project Manager, Telephone Number ...... Marlayna Doell, 301–415–3178.

Northern States Power Company—Minnesota; Prairie Island Nuclear Generating Plant, Unit Nos. 1 and 2; Goodhue County, MN

Docket No(s) ...... 50–282, 50–306. Application date ...... April 19, 2021. ADAMS Accession No ...... ML21109A385. Location in Application of NSHC ...... Pages 11–13 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendments would adopt Technical Specifications Task Force (TSTF) Traveler TSTF–471, ‘‘Eliminate Use of the Term CORE ALTERATIONS in ACTIONS and Notes,’’ with site-specific variations. The proposed changes eliminate the defined term CORE ALTERATIONS and all uses of the term from the technical specifications (TSs) and Bases. The proposed amendments also adopt TSTF–571–T, ‘‘Re- vise Actions for Inoperable Source Range Neutron Flux Monitor,’’ which changes TS 3.9.3, ‘‘Nuclear In- strumentation,’’ to ensure that no actions are taken that could alter the core reactivity when a required core subcritical neutron flux monitor is inoperable. The proposed amendments also make an administra- tive change to reformat the page numbering of TS Section 5.0 and remove unused pages for ease of fu- ture changes. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Peter M. Glass, Assistant General Counsel, Xcel Energy, 414 Nicollet Mall—401–8, Minneapolis, MN 55401. NRC Project Manager, Telephone Number ...... Robert Kuntz, 301–415–3733.

Pacific Gas and Electric Company; Diablo Canyon Power Plant, Units 1 and 2; San Luis Obispo County, CA

Docket No(s) ...... 50–275, 50–323. Application date ...... March 29, 2021. ADAMS Accession No ...... ML21088A437. Location in Application of NSHC ...... Pages 15–16 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendments would revise Technical Specification 3.8.1, ‘‘AC [Alternating Current] Sources— Operating,’’ to support diesel fuel oil transfer system component planned maintenance. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Jennifer Post, Esq., Pacific Gas and Electric Co., 77 Beale Street, Room 3065, Mail Code B30A, San Fran- cisco, CA 94105. NRC Project Manager, Telephone Number ...... Samson Lee, 301–415–3168.

PSEG Nuclear LLC; Salem Nuclear Generating Station, Unit Nos. 1 and 2; Salem County, NJ

Docket No(s) ...... 50–272, 50–311. Application date ...... April 28, 2021. ADAMS Accession No ...... ML21118B060.

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LICENSE AMENDMENT REQUEST(S)—Continued Location in Application of NSHC ...... Pages 1–3 of Enclosure 1. Brief Description of Amendment(s) ...... The proposed amendments would adopt Technical Specifications Task Force (TSTF) Traveler TSTF–577, ‘‘Revised Frequencies for Steam Generator Tube Inspections,’’ which is an approved change to the Standard Technical Specifications into the Salem Generating Station Unit Nos. 1 and 2 Technical Speci- fications. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Steven Fleischer, PSEG Services Corporation, 80 Park Plaza, T–5, Newark, NJ 07102. NRC Project Manager, Telephone Number ...... James Kim, 301–415–4125.

Southern Nuclear Operating Company, Inc.; Edwin I Hatch Nuclear Plant, Units 1 and 2; Appling County, GA; Southern Nuclear Operating Company, Inc.; Joseph M Farley Nuclear Plant, Units 1 and 2; Houston County, AL; Southern Nuclear Operating Company, Inc.; Vogtle Electric Generating Plant, Units 1 and 2; Burke County, GA

Docket No(s) ...... 50–348, 50–364, 50–424, 50–425, 50–321, 50–366. Application date ...... March 25, 2021. ADAMS Accession No ...... ML21084A003. Location in Application of NSHC ...... Pages E9–E10 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendments would revise Technical Specification (TS) 5.0, ‘‘Administrative Controls,’’ specifi- cally, TS 5.7, ‘‘High Radiation Area,’’ to align with the Standard TS in NUREG–1431, ‘‘Standard Technical Specifications, Westinghouse Plants,’’ Revision 4.0, and NUREG–1433, ‘‘Standard Technical Specifica- tions, General Electric BWR/4 Plants,’’ Revision 4.0, as applicable. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Millicent Ronnlund, Vice President and General Counsel, Southern Nuclear Operating Co., Inc., P.O. Box 1295, Birmingham, AL 35201–1295. NRC Project Manager, Telephone Number ...... John Lamb, 301–415–3100.

Southern Nuclear Operating Company, Inc.; Vogtle Electric Generating Plant, Units 1 and 2; Burke County, GA

Docket No(s) ...... 50–424, 50–425. Application date ...... March 30, 2021, as supplemented by letter dated May 6, 2021. ADAMS Accession No ...... ML21089A388, ML21126A231. Location in Application of NSHC ...... Pages E5–E6 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendments would revise Technical Specification 3.3.5, ‘‘Loss of Power (LOP) Instrumenta- tion,’’ Surveillance Requirement 3.3.5.2, ‘‘Allowable Values,’’ to modify the allowable value for the loss of voltage and degraded voltage relays. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... Millicent Ronnlund, Vice President and General Counsel, Southern Nuclear Operating Co., Inc., P.O. Box 1295, Birmingham, AL 35201–1295. NRC Project Manager, Telephone Number ...... John Lamb, 301–415–3100.

Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 2; Rhea County, TN

Docket No(s) ...... 50–391. Application date ...... March 2, 2021. ADAMS Accession No ...... ML21061A347. Location in Application of NSHC ...... Pages 8–10 of the Enclosure. Brief Description of Amendment(s) ...... The proposed amendment would revise the technical specifications (TSs) to change the steam generator water level requirement in the TS Limiting Condition for Operation 3.4.7.b, ‘‘RCS [Reactor Coolant Sys- tem] Loops—MODE 5, Loops Filled,’’ and Surveillance Requirements (SR) 3.4.5.2, ‘‘RCS Loops—MODE 3,’’ SR 3.4.6.3, ‘‘RCS Loops—MODE 4,’’ and SR 3.4.7.2 from greater than or equal to (≥) 6 percent (%) to ≥32%. Proposed Determination ...... NSHC. Name of Attorney for Licensee, Mailing Address ...... David Fountain, Executive VP and General Counsel, Tennessee Valley Authority, 400 West Summit Hill Drive, WT 6A, Knoxville, TN 37902. NRC Project Manager, Telephone Number ...... Michael Mahoney, 301–415–3867.

III. Notice of Issuance of Amendments applicable, proposed NSHC assessment, it is so indicated in the to Facility Operating Licenses and determination, and opportunity for a safety evaluation for the amendment. Combined Licenses hearing in connection with these For further details with respect to During the period since publication of actions, was published in the Federal each action, see the amendment and the last monthly notice, the Commission Register as indicated in the safety associated documents such as the has issued the following amendments. evaluation for each amendment. Commission’s letter and safety The Commission has determined for Unless otherwise indicated, the evaluation, which may be obtained each of these amendments that the Commission has determined that these using the ADAMS accession numbers application complies with the standards amendments satisfy the criteria for indicated in the following table. The and requirements of the Atomic Energy categorical exclusion in accordance safety evaluation will provide the Act of 1954, as amended (the Act), and with 10 CFR 51.22. Therefore, pursuant ADAMS accession numbers for the the Commission’s rules and regulations. to 10 CFR 51.22(b), no environmental application for amendment and the The Commission has made appropriate impact statement or environmental Federal Register citation for any findings as required by the Act and the assessment need be prepared for these environmental assessment. All of these Commission’s rules and regulations in amendments. If the Commission has items can be accessed as described in 10 CFR chapter I, which are set forth in prepared an environmental assessment the ‘‘Obtaining Information and the license amendment. under the special circumstances Submitting Comments’’ section of this A notice of consideration of issuance provision in 10 CFR 51.22(b) and has document. of amendment to facility operating made a determination based on that license or combined license, as

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LICENSE AMENDMENT ISSUANCE(S)

DTE Electric Company; Fermi, Unit 2; Monroe County, MI

Docket No(s) ...... 50–341. Amendment Date ...... May 24, 2021. ADAMS Accession No ...... ML21029A254. Amendment No(s) ...... 220. Brief Description of Amendment(s) ...... The amendment deleted License Condition 2.C.(26)(c) and revised Technical Specification (TS) 4.3, ‘‘Fuel Storage,’’ and TS 5.5, ‘‘Programs and Manuals,’’ to allow the use of neutron absorbing inserts (i.e., NETCO SNAP-IN® rack inserts) in the spent fuel pool storage racks containing Boraflex as an alternative to replacing those racks with racks containing Boral. Public Comments Received as to Proposed NSHC No. (Yes/No).

Duke Energy Progress, LLC; Brunswick Steam Electric Plant, Units 1 and 2; Brunswick County, NC

Docket No(s) ...... 50–324, 50–325. Amendment Date ...... April 30, 2021. ADAMS Accession No ...... ML21067A224. Amendment No(s) ...... 305 (Unit 1) and 333 (Unit 2). Brief Description of Amendment(s) ...... The amendments revised license conditions to the Renewed Facility Operating Licenses to allow the imple- mentation of 10 CFR 50.69, ‘‘Risk-informed categorization and treatment of structures, systems and com- ponents [SSCs] for nuclear power reactors.’’ Specifically, the revised license conditions replace the use of the external flood probabilistic risk assessment for categorization of SSCs under Duke Energy Progress, LLC’s previously approved 10 CFR 50.69 program with external flood hazard screening. Public Comments Received as to Proposed NSHC No. (Yes/No).

Exelon Generation Company, LLC; Clinton Power Station, Unit No. 1; DeWitt County, IL

Docket No(s) ...... 50–461. Amendment Date ...... May 19, 2021. ADAMS Accession No ...... ML21090A193. Amendment No(s) ...... 237. Brief Description of Amendment(s) ...... The amendment modified the licensing basis by the addition of a license condition to allow for the imple- mentation of the provisions of 10 CFR 50.69, ‘‘Risk-informed categorization and treatment of structures, systems and components for nuclear power reactors.’’ Public Comments Received as to Proposed NSHC No. (Yes/No).

Exelon Generation Company, LLC; Peach Bottom Atomic Power Station, Units 2 and 3; York County, PA

Docket No(s) ...... 50–277, 50–278. Amendment Date ...... May 14, 2021. ADAMS Accession No ...... ML21074A411. Amendment No(s) ...... 338 (Unit 2) and 341 (Unit 3). Brief Description of Amendment(s) ...... The amendments revised technical specification requirements to permit the use of risk-informed completion times for actions to be taken when limiting conditions for operation are not met. The changes are based on Technical Specifications Task Force (TSTF) Traveler TSTF–505, Revision 2, ‘‘Provide Risk-Informed Extended Completion Times—RITSTF Initiative 4b,’’ dated July 2, 2018. Public Comments Received as to Proposed NSHC No. (Yes/No).

Holtec Pilgrim, LLC and Holtec Decommissioning International; Pilgrim Nuclear Power Station; Plymouth County, MA

Docket No(s) ...... 50–293, 72–1044. Amendment Date ...... May 12, 2021. ADAMS Accession No ...... ML21103A046 (Package). Amendment No(s) ...... 254. Brief Description of Amendment(s) ...... The amendment revised the Pilgrim Physical Security Plan (PSP) and revised License Condition 3.G, ‘‘Physical Protection.’’ The revised PSP, Rev. 20, integrates the existing PSP’s Appendix D, and provides the security requirements for the site which includes the two independent spent fuel storage installations. Public Comments Received as to Proposed NSHC No. (Yes/No).

NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center; Linn County, IA

Docket No(s) ...... 50–331. Amendment Date ...... April 28, 2021. ADAMS Accession No ...... ML21098A166. Amendment No(s) ...... 313. Brief Description of Amendment(s) ...... The amendment revised the Duane Arnold Energy Center (DAEC) emergency plan and emergency action level scheme to reflect the permanently shutdown and defueled condition of DAEC. The amendment is ef- fective 10 months following the permanent cessation of power operations at DAEC, which is June 10, 2021. Public Comments Received as to Proposed NSHC No. (Yes/No).

NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center; Linn County, IA

Docket No(s) ...... 50–331. Amendment Date ...... May 13, 2021. ADAMS Accession No ...... ML21067A642. Amendment No(s) ...... 314.

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LICENSE AMENDMENT ISSUANCE(S)—Continued Brief Description of Amendment(s) ...... The amendment removed the Duane Arnold Energy Center (DAEC) Cyber Security Plan from DAEC Li- cense Condition 2.C.(5) and deleted DAEC License Condition 2.C.(10) to remove reference to NRC Order EA–06–137, ‘‘Order Requiring Compliance with Key Radiological Protection Mitigation Strategies,’’ which was withdrawn by letter dated April 20, 2021. Public Comments Received as to Proposed NSHC No. (Yes/No).

Nine Mile Point Nuclear Station, LLC and Exelon Generation Company, LLC; Nine Mile Point Nuclear Station, Unit 2; Oswego County, NY

Docket No(s) ...... 50–410. Amendment Date ...... April 29, 2021. ADAMS Accession No ...... ML21082A221. Amendment No(s) ...... 186. Brief Description of Amendment(s) ...... The amendment revised the technical specification requirements to permit the use of risk-informed comple- tion times for actions to be taken when limiting conditions for operation are not met. The proposed changes are based on Technical Specifications Task Force (TSTF) Traveler TSTF–505, Revision 2, ‘‘Pro- vide Risk-Informed Extended Completion Times—RITSTF Initiative 4b,’’ dated July 2, 2018. Public Comments Received as to Proposed NSHC No. (Yes/No).

Tennessee Valley Authority; Browns Ferry Nuclear Plant, Units 1, 2, and 3; Limestone County, AL

Docket No(s) ...... 50–259, 50–260, 50–296. Amendment Date ...... April 30, 2021. ADAMS Accession No ...... ML21075A076. Amendment No(s) ...... 316 (Unit 1), 339 (Unit 2), and 299 (Unit 3). Brief Description of Amendment(s) ...... The amendments incorporated the Tornado Missile Risk Evaluator methodology into the Browns Ferry Nu- clear Plant, Units 1, 2, and 3, Updated Final Safety Analysis Report. Public Comments Received as to Proposed NSHC No. (Yes/No).

Tennessee Valley Authority; Sequoyah Nuclear Plant, Units 1 and 2; Hamilton County, TN

Docket No(s) ...... 50–327, 50–328. Amendment Date ...... May 4, 2021. ADAMS Accession No ...... ML21084A190. Amendment No(s) ...... 355 (Unit 1) and 348 (Unit 2). Brief Description of Amendment(s) ...... The amendments revised Technical Specification (TS) Table 3.3.3–1, ‘‘Post Accident Monitoring Instrumen- tation,’’ required actions and completion times for Functions 15 a, b, and c, ‘‘Reactor Vessel Level Instru- mentation.’’ Additionally, the amendments deleted Note g from TS Table 3.3.3–1, Function 15.c from the Unit 2 TSs, and removed License Condition 26 from the Unit 2 Renewed Facility Operating License. Public Comments Received as to Proposed NSHC No. (Yes/No).

Tennessee Valley Authority; Watts Bar Nuclear Plant, Units 1 and 2; Rhea County, TN

Docket No(s) ...... 50–390, 50–391. Amendment Date ...... May 5, 2021. ADAMS Accession No ...... ML21078A484. Amendment No(s) ...... 145 (Unit 1) and 51 (Unit 2). Brief Description of Amendment(s) ...... The amendments revised the Watts Bar, Units 1 and 2, Technical Specification (TS) 3.7.11, ‘‘Control Room Emergency Air Temperature Control System (CREATCS),’’ to add a one-time footnote to the Completion Time for Required Action A.1 to allow each CREATCS train to be inoperable for up to 60 days while re- placing each respective train’s chiller. The amendments also added a one-time footnote to the Completion Time for Required Action E.1 to allow up to a 4-day delayed entry into TS Limiting Condition for Operation 3.0.3 if both trains of CREATCS become inoperable. Public Comments Received as to Proposed NSHC No. (Yes/No).

Tennessee Valley Authority; Watts Bar Nuclear Plant, Units 1 and 2; Rhea County, TN

Docket No(s) ...... 50–390, 50–391. Amendment Date ...... May 14, 2021. ADAMS Accession No ...... ML21099A246. Amendment No(s) ...... 146 (Unit 1) and 52 (Unit 2). Brief Description of Amendment(s) ...... The amendments revised the Watts Bar, Units 1 and 2, Technical Specification (TS) 3.4.16, ‘‘RCS [Reactor Coolant System] Specific Activity,’’ to replace the current limit on RCS gross specific activity with a new limit on RCS noble gas specific activity. The changes are consistent with NRC-approved Technical Speci- fications Task Force (TSTF) Improved Standard TS Change Traveler TSTF–490, ‘‘Deletion of E Bar Defi- nition and Revision to RCS Specific Activity Tech Spec,’’ Revision 0. Public Comments Received as to Proposed NSHC No. (Yes/No).

U.S. Dept. of Transportation, Maritime Administration, NS SAVANNAH, Baltimore, MD

Docket No(s) ...... 50–238. Amendment Date ...... March 18, 2021. ADAMS Accession No ...... ML21067A665. Amendment No(s) ...... 18. Brief Description of Amendment(s) ...... The amendment revised the technical specifications to remove (1) a redundant environmental sampling re- porting requirement, (2) a redundant access control requirement, and (3) a hull striping requirement that is inconsistent with active decommissioning. Public Comments Received as to Proposed NSHC No. (Yes/No).

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Dated: June 8, 2021. Issue-191 (Open)—The Committee will ACRS, and information the release of For the Nuclear Regulatory Commission. deliberate regarding the subject topic. which would constitute a clearly Jennifer L. Dixon-Herrity, 3:00 p.m.–4:30 p.m.: RG 1.9, Rev. 5, unwarranted invasion of personal Acting Deputy Director, Division of Operating Application and Testing of Onsite privacy.]. Reactor Licensing, Office of Nuclear Reactor Emergency Alternating Current Power Procedures for the conduct of and Regulation. Sources in Nuclear Power Plants participation in ACRS meetings were [FR Doc. 2021–12286 Filed 6–14–21; 8:45 am] (Open)—The Committee will deliberate published in the Federal Register on BILLING CODE 7590–01–P and have presentations and discussion June 13, 2019 (84 FR 27662). In with representatives from the NRC staff accordance with those procedures, oral regarding the subject topic. or written views may be presented by NUCLEAR REGULATORY 4:30 p.m.–6:00 p.m.: Committee members of the public, including COMMISSION Deliberation on RG 1.9, Revision 5/ representatives of the nuclear industry. Bylaws Review (Open)—The Committee Persons desiring to make oral statements 687th Meeting of the Advisory will deliberate regarding the subject should notify Quynh Nguyen, Cognizant Committee on Reactor Safeguards topic. ACRS Staff and the Designated Federal (ACRS) Officer (Telephone: 301–415–5844, Thursday, July 8, 2021 Email: [email protected]), 5 days In accordance with the purposes of 9:30 a.m.–12:00 p.m.: Future ACRS before the meeting, if possible, so that Sections 29 and 182b of the Atomic Activities/Report of the Planning and appropriate arrangements can be made Energy Act (42 U.S.C. 2039, 2232(b)), Procedures Subcommittee and to allow necessary time during the the Advisory Committee on Reactor Reconciliation of ACRS Comments and meeting for such statements. In view of Safeguards (ACRS) will hold meetings Recommendations/Preparation of the possibility that the schedule for on July 7–9, 2021. As part of the Reports (Open/Closed)—The Committee ACRS meetings may be adjusted by the coordinated government response to will hear discussion of the Chairman as necessary to facilitate the combat the COVID–19 public health recommendations of the Planning and conduct of the meeting, persons emergency, the Committee will conduct Procedures Subcommittee regarding planning to attend should check with virtual meetings. The public will be able items proposed for consideration by the the Cognizant ACRS staff if such to participate in any open sessions via Full Committee during future ACRS rescheduling would result in major 1–866–822–3032, pass code 8272423#. meetings, and/or proceed to preparation inconvenience. A more detailed agenda may be found of reports as determined by the An electronic copy of each at the ACRS public website at https:// Chairman. [Note: Pursuant to 5 U.S.C. presentation should be emailed to the www.nrc.gov/reading-rm/doc- 552b(c)(4), a portion of this session may Cognizant ACRS Staff at least one day collections/acrs/agenda/index.html. be closed in order to discuss and protect before meeting. Wednesday, July 7, 2021 information designated as proprietary.]. In accordance with Subsection 10(d) [Note: Pursuant to 5 U.S.C. 9:30 a.m.–9:35 a.m.: Opening of Public Law 92–463 and 5 U.S.C. 552b(c)(2)and (6), a portion of this 552b(c), certain portions of this meeting Remarks by the ACRS Chairman meeting may be closed to discuss (Open)—The ACRS Chairman will make may be closed, as specifically noted organizational and personnel matters above. Use of still, motion picture, and opening remarks regarding the conduct that relate solely to internal personnel of the meeting. television cameras during the meeting rules and practices of the ACRS, and may be limited to selected portions of 9:35 a.m.–11:30 a.m.: SECY–21–0029, information the release of which would the meeting as determined by the Rulemaking Plan on Revision of constitute a clearly unwarranted Chairman. Electronic recordings will be Inservice Testing and Inservice invasion of personal privacy.]. permitted only during the open portions Inspection Program Update Frequencies 12:00 p.m.–6:00 p.m.: Preparation of of the meeting. Required in 10 CFR 50.55a (Open)—The ACRS Reports and Bylaws Review ACRS meeting agendas, meeting Committee will have presentations and (Open)—The Committee will continue transcripts, and letter reports are discussion with representatives from the its discussion of proposed ACRS reports available through the NRC Public NRC staff regarding the subject topic. and Bylaws review. Document Room (PDR) at pdr.resource@ 11:30 a.m.–1:00 p.m.: Vogtle License Friday, July 9, 2021 nrc.gov, or by calling the PDR at 1–800– Amendment Request (LAR) GSI–191— 397–4209, or from the Publicly Applying a Risk-Informed Approach to 9:30 a.m.–6:00 p.m.: Preparation of Available Records System component of Address Generic Safety Issue–191, ACRS Reports and Bylaws Review NRC’s Agencywide Documents Access ‘‘Assessment of Debris Accumulation on (Open/Close)—The Committee will and Management System (ADAMS), Pressurized-Water Reactor Sump continue its discussion of proposed which is accessible from the NRC Performance’’ at Vogtle Units 1 and 2 ACRS reports and Bylaws review. [Note: website at https://www.nrc.gov/reading- (Open)—The Committee will have Pursuant to 5 U.S.C. 552b(c)(4), a rm/adams.html or https://www.nrc.gov/ presentations and discussion with portion of this session may be closed in reading-rm/doc-collections/#ACRS/. representatives from the NRC and order to discuss and protect information Southern Company staff regarding the designated as proprietary.]. [Note: Dated: June 10, 2021. subject topic. Pursuant to 5 U.S.C. 552b(c)(2)and (6), Russell E. Chazell, 2:00 p.m.–3:00 p.m.: Committee a portion of this meeting may be closed Federal Advisory Committee Management Deliberation on Vogtle LAR regarding to discuss organizational and personnel Officer, Office of the Secretary. GSI–191—Applying a Risk-Informed matters that relate solely to internal [FR Doc. 2021–12502 Filed 6–14–21; 8:45 am] Approach to Address Generic Safety personnel rules and practices of the BILLING CODE 7590–01–P

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s captured from the current ‘‘snapshot’’ COMMISSION Statement of the Purpose of, and and all previous ‘‘snapshots.’’ The Statutory Basis for, the Proposed Rule intraday Open-Close Data will provide a [Release No. 34–92137; File No. SR– Change volume summary of trading activity on PEARL–2021–26] the Exchange at the option level by 1. Purpose origin (Priority Customer, Non-Priority Self-Regulatory Organizations; MIAX The Exchange recently adopted a new Customer, Firm, Broker-Dealer, and PEARL, LLC; Notice of Filing and data product for options known as the Market Maker), side of the market (buy Open-Close Report, which will be Immediate Effectiveness of a Proposed or sell), and transaction type (opening or available for purchase to Exchange Rule Change To Amend the MIAX Pearl closing). All volume will be further Members 3 and non-Members.4 The broken down into trade size buckets Options Fee Schedule To Adopt Fees Exchange now proposes to adopt fees (less than 100 contracts, 100–199 for the Open-Close Report for the Open-Close Report. The Open- contracts, greater than 199 contracts). June 9, 2021. Close Report is described under The Exchange anticipates a wide Exchange Rule 531(b)(1). variety of market participants to Pursuant to Section 19(b)(1) of the By way of background, the Exchange purchase the Open-Close Report, Securities Exchange Act of 1934 will offer two versions of the Open- including, but not limited to, individual (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Close Report, an end of day summary customers, buy-side investors, and notice is hereby given that on May 28, and intra-day report. The end-of-day investment banks. The Exchange 2021, MIAX PEARL, LLC (‘‘MIAX Pearl’’ version is a volume summary of trading believes the Open-Close Report product or ‘‘Exchange’’) filed with the Securities activity on the Exchange at the option may also provide helpful trading and Exchange Commission level by origin (Priority Customer, Non- information regarding investor (‘‘Commission’’) a proposed rule change Priority Customer, Firm, Broker-Dealer, sentiment that may allow market as described in Items I, II, and III below, and Market Maker 5), side of the market participants to make better trading which Items have been prepared by the (buy or sell), contract volume, and decisions throughout the day and may Exchange. The Commission is transaction type (opening or closing). be used to create and test trading publishing this notice to solicit The customer and professional customer models and analytical strategies and comments on the proposed rule change volume is further broken down into provides comprehensive insight into from interested persons. trade size buckets (less than 100 trading on the Exchange. For example, contracts, 100–199 contracts, greater intraday open data may allow a market I. Self-Regulatory Organization’s than 199 contracts). The Open-Close participant to identify new interest or Statement of the Terms of Substance of Data is proprietary Exchange trade data possible risks throughout the trading the Proposed Rule Change and does not include trade data from day, while intraday closing data may any other exchange. It is also a historical allow a market participant to identify The Exchange is filing a proposal to data product and not a real-time data fading interests in a security. The amend the MIAX Pearl Fee Schedule feed. product is a completely voluntary (the ‘‘Fee Schedule’’) to adopt fees for a The intraday Open-Close Report will product, in that the Exchange is not new data product to be known as the provide similar information to that of required by any rule or regulation to Open-Close Report. Open-Close Data but will be produced make this data available and that The text of the proposed rule change and updated every 10 minutes during potential subscribers may purchase it is available on the Exchange’s website at the trading day. Data is captured in only if they voluntarily choose to do so. The Exchange notes that other http://www.miaxoptions.com/rule- ‘‘snapshots’’ taken every 10 minutes throughout the trading day and is exchanges offer a similar data product.6 filings/pearl at MIAX Pearl’s principal The Exchange proposes to provide in office, and at the Commission’s Public available to subscribers within five minutes of the conclusion of each 10- its Fee Schedule that Members and non- Reference Room. minute period. For example, subscribers Members may purchase the Open-Close II. Self-Regulatory Organization’s to the intraday product will receive the Report on a monthly basis. The Statement of the Purpose of, and first calculation of intraday data by no Exchange proposes to assess a monthly Statutory Basis for, the Proposed Rule later than 9:45 a.m. ET, which fee of $600 per month for subscribing to the end-of-day summary Open-Close Change represents data captured from 9:30 a.m. to 9:40 a.m. Subscribers will receive the Report and $2,000 per month for In its filing with the Commission, the next update by 9:55 a.m., representing subscribing to the intra-day Open-Close Exchange included statements the data previously provided together concerning the purpose of and basis for with data captured from 9:40 a.m. 6 See Securities Exchange Act Release Nos. 89497 (August 6, 2020), 85 FR 48747 (August 12, 2020) the proposed rule change and discussed through 9:50 a.m., and so forth. Each (SR–CboeBZX–2020–059); 89498 (August 6, 2020), any comments it received on the update will represent the aggregate data 85 FR 48735 (August 12, 2020) (SR–Cboe–EDGX– proposed rule change. The text of these 2020–36); 85817 (May 9, 2019), 84 FR 21863 (May 15, 2019) (SR–CBOE–2019–026); 89496 (August 6, 3 The term ‘‘Member’’ means an individual or statements may be examined at the 2020), 85 FR 48743 (August 12, 2020) (SR–C2– organization that is registered with the Exchange 2020–010); 89596 [sic] (August 17, 2020), 85 FR places specified in Item IV below. The pursuant to Chapter II of these Rules for purposes Exchange has prepared summaries, set 51833 (August 21, 2020) (SR–C2–2020–012); 62887 of trading on the Exchange as an ‘‘Electronic (September 10, 2010), 75 FR 57092 (September 17, forth in sections A, B, and C below, of Exchange Member’’ or ‘‘Market Maker.’’ Members 2010) (SR–Phlx–2010–121); 65587 (October 18, the most significant aspects of such are deemed ‘‘members’’ under the Exchange Act. 2011), 76 FR 65765 (October 24, 2011) (SR– See Exchange Rule 100. statements. NASDAQ–2011–144); 61317 (January 8, 2010), 75 4 See Securities Exchange Act Release No. 91965 FR 2915 (January 19, 2010) (SR–ISE–2009–103); (May 21, 2021), 86 FR 28667 (May 27, 2021) (SR– 62887 (September 10, 2010), 75 FR 57092 PEARL–2021–24) (Notice of Filing and Immediate (September 17, 2010) (SR–Phlx–2010–121); 65587 Effectiveness of a Proposed Rule Change to Adopt (October 18, 2011), 76 FR 65765 (October 24, 2011) a New Historical Market Data Product To Be Known (SR–NASDAQ–2011–144); and 81632 (September 1 15 U.S.C. 78s(b)(1). as the Open-Close Report). 15, 2017), 82 FR 44235 (September 21, 2017) (SR– 2 17 CFR 240.19b–4. 5 See Exchange Rule 100. GEMX–2017–42).

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Report. The Exchange also proposes to with Section 6(b) of the Act 10 in ‘‘has been remarkably successful in specify that for mid-month general, and furthers the objectives of promoting market competition in its subscriptions, new subscribers will be Section 6(b)(4) of the Act 11 in broader forms that are most important to charged for the full calendar month for particular, in that it is an equitable investors and listed companies.’’ 14 which they subscribe and will be allocation of dues, fees and other Making similar data products available provided Open-Close Report data for charges among its members and other to market participants fosters each trading day of the calendar month recipients of Exchange data. competition in the marketplace, and from the day on which they subscribed. In adopting Regulation NMS, the constrains the ability of exchanges to The proposed monthly fees will apply Commission granted self-regulatory charge supra-competitive fees. In the both to Members or non-Members. The organizations (‘‘SROs’’) and broker- event that a market participant views Exchange notes that other exchanges dealers increased authority and one exchange’s data product as more or provide similar data products that may flexibility to offer new and unique less attractive than the competition they be purchased on a monthly basis and market data to the public. It was can and do switch between similar are similarly priced.7 believed that this authority would products. The proposed fees are a result The Exchange intends to begin to offer expand the amount of data available to of the competitive environment, as the the Open-Close Report and charge the consumers, and also spur innovation Exchange seeks to adopt fees to attract proposed fees on June 1, 2021. and competition for the provision of purchasers of the recently introduced market data. Particularly, the Open- 2. Statutory Basis Open-Close Data product. Close Report further broadens the The Exchange believes the proposed The Exchange believes that the availability of U.S. option market data to fees are reasonable as the proposed fees proposed rule change is consistent with investors consistent with the principles are both modest and similar to, or even Section 6(b) of the Act,8 in general, and of Regulation NMS. The data product lower than, the fees assessed by other furthers the objectives of Section 6(b)(5) also promotes increased transparency exchanges that provide similar data of the Act,9 in particular, in that it is through the dissemination of the Open- products.15 Indeed, proposing fees that designed to prevent fraudulent and Close Report. Particularly, information are excessively higher than established manipulative acts and practices, to regarding opening and closing activity fees for similar data products would promote just and equitable principles of across different option series during the simply serve to reduce demand for the trade, to remove impediments to and trading day may indicate investor Exchange’s data product, which as perfect the mechanism of a free and sentiment, which may allow market noted, is entirely optional. Like the open market and a national market participants to make better informed Exchange’s Open-Close Report, other system, and to protect investors and the trading decisions throughout the day. exchanges offer similar data products public interest, and that it is not Subscribers to the data may also be able that each provide insight into trading on designed to permit unfair to enhance their ability to analyze those markets and may likewise aid in discrimination among customers, option trade and volume data and create assessing investor sentiment. Although brokers, or dealers. The Exchange also and test trading models and analytical each of these similar Open-Close data believes that its proposal to adopt fees strategies. The Exchange believes the products provide only proprietary trade for the Open-Close Report is consistent Open-Close Report provides a valuable data and not trade data from other tool that subscribers can use to gain exchanges, it is possible investors are 7 See Price List—U.S. Derivatives Data for Nasdaq comprehensive insight into the trading still able to gauge overall investor PHLX, LLC (‘‘PHLX’’), The Nasdaq Stock Market, activity in a particular series, but also sentiment across different option series LLC (‘‘Nasdaq’’), Nasdaq ISE, LLC (‘‘ISE’’), and Nasdaq GEMX, LLC (‘‘GEMX’’), available at http:// emphasizes such data is not necessary based on open and closing interest on www.nasdaqtrader.com/ for trading. Moreover, other exchanges any one exchange.16 Similarly, market Trader.aspx?id=DPPriceListOptions#web. offer a similar data product.12 participants may be able to analyze Particularly, PHLX offers ‘‘Nasdaq PHLX Options The Exchange operates in a highly option trade and volume data, and Trade Outline (PHOTO)’’ and assesses $1,500 per month for an intra-day subscription and $500 per competitive environment. Indeed, there create and test trading models and month for end of day subscription; Nasdaq offers are currently 16 registered options analytical strategies using only Open- the ‘‘Nasdaq Options Trade Outline (NOTO)’’ and exchanges that trade options. Based on Close data relating to trading activity on assesses $750 per month for an intra-day publicly available information, no single one or more of the other markets that subscription and $500 per month for end of day options exchange has more than 15% of subscription; ISE offers the ‘‘Nasdaq ISE Open/ provide similar data products. As such, Close Trade Profile’’ and assesses $2,000 per month the market share and currently the if a market participant views another for an intra-day subscription and $750 per month Exchange represents only approximately exchange’s Open-Close data as more for end of day subscription; and GEMX offers the 6.73% of the market share.13 The attractive than its proposed Open-Close ‘‘Nasdaq GEMX Open/Close Trade Profile’’ and Commission has repeatedly expressed assesses $1,000 per month for an intra-day Report, then such market participant subscription and $500 per month for end of day its preference for competition over can merely choose not to purchase the subscription. Cboe EDGX Exchange, Inc. (‘‘EDGX’’) regulatory intervention in determining Exchange’s Open-Close Report and assesses $1,000 per month for an intra-day prices, products, and services in the instead purchase another exchange’s subscription and $500 per month for end of day securities markets. Particularly, in Open-Close data product, which offer subscription and Cboe BZX Exchange, Inc. (‘‘BZX’’) assess $1,500 per month for an intra-day Regulation NMS, the Commission similar data points, albeit based on that subscription and $500 per month for end of day highlighted the importance of market other market’s trading activity. subscription. See the EDGX fee schedule available forces in determining prices and SRO The Exchange also believes the at http://markets.cboe.com/us/options/ revenues and, also, recognized that proposed fees are reasonable as they membership/fee_schedule/edgx/ and the BZX fee schedule available at http://markets.cboe.com/us/ current regulation of the market system would support the introduction of a options/membership/fee_schedule/bzx/. See also Securities Exchange Act Release nos. 89879 [sic] 10 15 U.S.C. 78f(b). 14 See Securities Exchange Act Release No. 51808 (August 17, 2020), 85 FR 51796 (August 21, 2020) 11 15 U.S.C. 78f(b)(4). (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) (SR–CboeEDGX–2020–040); and 89583 (August 17, 12 See supra note 6. (‘‘Regulation NMS Adopting Release’’). 2020), 85 FR 51825 (August 21, 2020) (SR– 13 See Cboe Global Markets U.S. Options Market 15 See supra note 7. CboeBZX–2020–063). Month-to-Date Volume Summary (May 26, 2021), 16 The exchange notes that its Open-Close Report 8 15 U.S.C. 78f(b). available at https://markets.cboe.com/us/options/ data product does not include data on any 9 15 U.S.C. 78f(b)(5). market_statistics/. exclusive, singly-listed option series.

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new market data product that is business needs. Potential purchasers exchanges are free to introduce their designed to aid investors by providing may request the data at any time if they own comparable data product and lower insight into trading on the Exchange. believe it to be valuable or may decline their prices to better compete with the The recently adopted Open-Close to purchase such data. Exchange’s offering. The Exchange does Report would provide options market not believe the proposed rule change B. Self-Regulatory Organization’s participants with valuable information would cause any unnecessary or Statement on Burden on Competition about opening and closing transactions inappropriate burden on intramarket executed on the Exchange throughout The Exchange does not believe that competition. Particularly, the proposed the trading day, similar to other trade the proposed rule change will result in product and fees apply uniformly to any data products offered by competing any burden on competition that is not purchaser, in that it does not options exchanges. In turn, this data necessary or appropriate in furtherance differentiate between subscribers that would assist market participants in of the purposes of the Act. Rather, the purchase the Open-Close Report. The gauging investor sentiment and trading Exchange believes that the proposal will proposed fees are set at a modest level activity, resulting in potentially better promote competition by permitting the that would allow any interested Member informed trading decisions. As noted Exchange to sell a data product similar or non-Member to purchase such data above, users may also use such data to to those offered by other competitor based on their business needs. create and test trading models and options exchanges.18 The Exchange C. Self-Regulatory Organization’s analytical strategies. made Open-Close Data available in Selling market data, such as the Open- order to keep pace with changes in the Statement on Comments on the Close Report, is also a means by which industry and evolving customer needs, Proposed Rule Change Received From exchanges compete to attract business. and believes the data product will Members, Participants, or Others To the extent that the Exchange is contribute to robust competition among Written comments were neither successful in attracting subscribers for national securities exchanges. At least solicited nor received. eight other U.S. options exchanges offer the Open-Close Report, it may earn III. Date of Effectiveness of the a market data product that is trading revenues and further enhance Proposed Rule Change and Timing for substantially similar to the Open-Close the value of its data products. If the Commission Action market deems the proposed fees to be Report. As a result, the Exchange unfair or inequitable, firms can believes this proposed rule change The foregoing rule change has become diminish or discontinue their use of the permits fair competition among national effective pursuant to Section data and/or avail themselves of similar securities exchanges. 19(b)(3)(A)(ii) of the Act,20 and Rule 19 products offered by other exchanges.17 Furthermore, the Exchange operates b–4(f)(2) 21 thereunder. At any time The Exchange therefore believes that the in a highly competitive environment, within 60 days of the filing of the proposed fees for the Open-Close Report and its ability to price the Open-Close proposed rule change, the Commission reflect the competitive environment and Report is constrained by competition summarily may temporarily suspend would be properly assessed on Member among exchanges that offer similar data such rule change if it appears to the or non-Member users. The Exchange products to their customers. As Commission that such action is also believes the proposed fees are discussed, there are currently a number necessary or appropriate in the public equitable and not unfairly of similar products available to market interest, for the protection of investors, discriminatory as the fees would apply participants and investors. At least eight or otherwise in furtherance of the equally to all users who choose to other U.S. options exchanges offer a purposes of the Act. If the Commission purchase such data. The Exchange’s market data product that is substantially takes such action, the Commission shall proposed fees would not differentiate similar to the Open-Close Report, which institute proceedings to determine between subscribers that purchase the the Exchange must consider in its whether the proposed rule should be Open-Close Report and are set at a pricing discipline in order to compete approved or disapproved. 19 modest level that would allow any for the market data. For example, IV. Solicitation of Comments interested Member or non-Member to proposing fees that are excessively purchase such data based on their higher than established fees for similar Interested persons are invited to business needs. data products would simply serve to submit written data, views, and As noted above, the Exchange reduce demand for the Exchange’s data arguments concerning the foregoing, anticipates a wide variety of market product, which as discussed, market including whether the proposed rule participants to purchase the Open-Close participants are under no obligation to change is consistent with the Act. Report, including but not limited to utilize. In this competitive environment, Comments may be submitted by any of individual customers, buy-side potential purchasers are free to choose the following methods: investors and investment banks. The which, if any, similar product to Electronic Comments purchase to satisfy their need for market Exchange reiterates that the decision as • Use the Commission’s internet information. As a result, the Exchange to whether or not to purchase the Open- comment form (http://www.sec.gov/ believes this proposed rule change Close Report is entirely optional for all rules/sro.shtml); or potential subscribers. Indeed, no market permits fair competition among national • Send an email to rule-comments@ participant is required to purchase the securities exchanges. sec.gov. Please include File Number SR– The Exchange also does not believe Open-Close Report, and the Exchange is PEARL–2021–26 on the subject line. not required to make the Open-Close the proposed fees would cause any Report available to all investors. Rather, unnecessary or in appropriate burden Paper Comments the Exchange is voluntarily making the on intermarket competition as other • Send paper comments in triplicate Open-Close Report available, as to Secretary, Securities and Exchange requested by customers, and market 18 Id. Commission, 100 F Street NE, participants may choose to receive (and 19 See, e.g., Cboe Options Fees Schedule, Livevol Fees, Open-Close Data. See also Nasdaq ISE Options Washington, DC 20549–1090. pay for) this data based on their own 7 Pricing Schedule, Section 10.A and Nasdaq PHLX Options 7 Pricing Schedule, Section 10, PHLX 20 15 U.S.C. 78s(b)(3)(A)(ii). 17 See supra note 6. Options Trade Outline (‘‘PHOTO’’). 21 17 CFR 240.19 b–4(f)(2).

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All submissions should refer to File (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Close Report. The Open-Close Report is Number SR–PEARL–2021–26. This file notice is hereby given that on May 28, described under Exchange Rule number should be included on the 2021, Miami International Securities 531(b)(1). subject line if email is used. To help the Exchange LLC (‘‘MIAX’’ or ‘‘Exchange’’) By way of background, the Exchange Commission process and review your filed with the Securities and Exchange will offer two versions of the Open- comments more efficiently, please use Commission (‘‘Commission’’) a Close Report, an end of day summary only one method. The Commission will proposed rule change as described in and intra-day report. The end-of-day post all comments on the Commission’s Items I, II, and III below, which Items version is a volume summary of trading internet website (http://www.sec.gov/ have been prepared by the Exchange. activity on the Exchange at the option rules/sro.shtml). Copies of the The Commission is publishing this level by origin (Priority Customer, Non- submission, all subsequent notice to solicit comments on the Priority Customer, Firm, Broker-Dealer, amendments, all written statements proposed rule change from interested and Market Maker 5), side of the market with respect to the proposed rule persons. (buy or sell), contract volume, and transaction type (opening or closing). change that are filed with the I. Self-Regulatory Organization’s Commission, and all written The customer and professional customer Statement of the Terms of Substance of volume is further broken down into communications relating to the the Proposed Rule Change proposed rule change between the trade size buckets (less than 100 Commission and any person, other than The Exchange is filing a proposal to contracts, 100–199 contracts, greater those that may be withheld from the amend the MIAX Options Fee Schedule than 199 contracts). The Open-Close public in accordance with the (the ‘‘Fee Schedule’’) to adopt fees for a Data is proprietary Exchange trade data provisions of 5 U.S.C. 552, will be new data product to be known as the and does not include trade data from available for website viewing and Open-Close Report. any other exchange. It is also a historical The text of the proposed rule change printing in the Commission’s Public data product and not a real-time data is available on the Exchange’s website at Reference Room, 100 F Street NE, feed. http://www.miaxoptions.com/rule- Washington, DC 20549, on official The intraday Open-Close Report will filings, at MIAX’s principal office, and business days between the hours of provide similar information to that of at the Commission’s Public Reference 10:00 a.m. and 3:00 p.m. Copies of the Open-Close Data but will be produced Room. filing also will be available for and updated every 10 minutes during inspection and copying at the principal II. Self-Regulatory Organization’s the trading day. Data is captured in office of the Exchange. All comments Statement of the Purpose of, and ‘‘snapshots’’ taken every 10 minutes received will be posted without change. Statutory Basis for, the Proposed Rule throughout the trading day and is Persons submitting comments are Change available to subscribers within five minutes of the conclusion of each 10- cautioned that we do not redact or edit In its filing with the Commission, the minute period. For example, subscribers personal identifying information from Exchange included statements to the intraday product will receive the comment submissions. You should concerning the purpose of and basis for first calculation of intraday data by no submit only information that you wish the proposed rule change and discussed later than 9:45 a.m. ET, which to make available publicly. All any comments it received on the represents data captured from 9:30 a.m. submissions should refer to File proposed rule change. The text of these to 9:40 a.m. Subscribers will receive the Number SR–PEARL–2021–26 and statements may be examined at the next update by 9:55 a.m., representing should be submitted on or before July 6, places specified in Item IV below. The the data previously provided together 2021. Exchange has prepared summaries, set with data captured from 9:40 a.m. For the Commission, by the Division of forth in sections A, B, and C below, of through 9:50 a.m., and so forth. Each Trading and Markets, pursuant to delegated the most significant aspects of such update will represent the aggregate data authority.22 statements. captured from the current ‘‘snapshot’’ J. Matthew DeLesDernier, A. Self-Regulatory Organization’s and all previous ‘‘snapshots.’’ The Assistant Secretary. Statement of the Purpose of, and intraday Open-Close Data will provide a [FR Doc. 2021–12478 Filed 6–14–21; 8:45 am] Statutory Basis for, the Proposed Rule volume summary of trading activity on BILLING CODE 8011–01–P Change the Exchange at the option level by origin (Priority Customer, Non-Priority 1. Purpose Customer, Firm, Broker-Dealer, and SECURITIES AND EXCHANGE The Exchange recently adopted a new Market Maker), side of the market (buy COMMISSION data product known as the Open-Close or sell), and transaction type (opening or Report, which will be available for closing). All volume will be further [Release No. 34–92135; File No. SR–MIAX– purchase to Exchange Members 3 and broken down into trade size buckets 2021–23] non-Members.4 The Exchange now (less than 100 contracts, 100–199 proposes to adopt fees for the Open- contracts, greater than 199 contracts). Self-Regulatory Organizations; Miami The Exchange anticipates a wide International Securities Exchange LLC; 1 15 U.S.C. 78s(b)(1). variety of market participants to Notice of Filing and Immediate 2 17 CFR 240.19b–4. purchase the Open-Close Report, Effectiveness of a Proposed Rule 3 The term ‘‘Member’’ means an individual or including, but not limited to, individual Change To Amend Its Fee Schedule To organization approved to exercise the trading rights customers, buy-side investors, and associated with a Trading Permit. Members are Adopt Fees for the Open-Close Report deemed ‘‘members’’ under the Exchange Act. See investment banks. The Exchange Exchange Rule 100. believes the Open-Close Report product June 9, 2021. 4 See Securities Exchange Act Release No. 91965 may also provide helpful trading Pursuant Section 19(b)(1) of the (May 21, 2021), 86 FR 28665 (May 27, 2021) (SR– information regarding investor Securities Exchange Act of 1934 MIAX–2021–18) (Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Adopt sentiment that may allow market a New Historical Market Data Product To Be Known 22 17 CFR 200.30–3(a)(12). as the Open-Close Report). 5 See Exchange Rule 100.

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participants to make better trading The Exchange intends to begin to offer investors consistent with the principles decisions throughout the day and may the Open-Close Report and charge the of Regulation NMS. The data product be used to create and test trading proposed fees on June 1, 2021. also promotes increased transparency models and analytical strategies and through the dissemination of the Open- 2. Statutory Basis provides comprehensive insight into Close Report. Particularly, information trading on the Exchange. For example, The Exchange believes that the regarding opening and closing activity intraday open data may allow a market proposed rule change is consistent with across different option series during the participant to identify new interest or Section 6(b) of the Act,8 in general, and trading day may indicate investor possible risks throughout the trading furthers the objectives of Section 6(b)(5) sentiment, which may allow market day, while intraday closing data may of the Act,9 in particular, in that it is participants to make better informed allow a market participant to identify designed to prevent fraudulent and trading decisions throughout the day. fading interests in a security. The manipulative acts and practices, to Subscribers to the data may also be able product is a completely voluntary promote just and equitable principles of to enhance their ability to analyze product, in that the Exchange is not trade, to remove impediments to and option trade and volume data and create required by any rule or regulation to perfect the mechanism of a free and and test trading models and analytical make this data available and that open market and a national market strategies. The Exchange believes the potential subscribers may purchase it system, and to protect investors and the Open-Close Report provides a valuable only if they voluntarily choose to do so. public interest, and that it is not tool that subscribers can use to gain The Exchange notes that other designed to permit unfair comprehensive insight into the trading exchanges offer a similar data product.6 discrimination among customers, activity in a particular series, but also The Exchange proposes to provide in brokers, or dealers. The Exchange also emphasizes such data is not necessary its Fee Schedule that Members and believes that its proposal to adopt fees for trading. Moreover, other exchanges non–Members may purchase the Open– for the Open-Close Report is consistent offer a similar data product.12 with Section 6(b) of the Act 10 in Close Report on a monthly basis. The The Exchange operates in a highly Exchange proposes to assess a monthly general, and furthers the objectives of Section 6(b)(4) of the Act 11 in competitive environment. Indeed, there fee of $600 per month for subscribing to are currently 16 registered options the end-of-day summary Open-Close particular, in that it is an equitable allocation of dues, fees and other exchanges that trade options. Based on Report and $2,000 per month for publicly available information, no single subscribing to the intra-day Open-Close charges among its members and other recipients of Exchange data. options exchange has more than 15% of Report. The Exchange also proposes to the market share and currently the specify that for mid-month In adopting Regulation NMS, the Commission granted self-regulatory Exchange represents only approximately subscriptions, new subscribers will be 6.74% of the market share.13 The charged for the full calendar month for organizations (‘‘SROs’’) and broker- dealers increased authority and Commission has repeatedly expressed which they subscribe and will be its preference for competition over provided Open-Close Report data for flexibility to offer new and unique market data to the public. It was regulatory intervention in determining each trading day of the calendar month prices, products, and services in the from the day on which they subscribed. believed that this authority would expand the amount of data available to securities markets. Particularly, in The proposed monthly fees will apply Regulation NMS, the Commission both to Members or non-Members. The consumers, and also spur innovation and competition for the provision of highlighted the importance of market Exchange notes that other exchanges forces in determining prices and SRO provide similar data products that may market data. Particularly, the Open- Close Report further broadens the revenues and, also, recognized that be purchased on a monthly basis and current regulation of the market system 7 availability of U.S. option market data to are similarly priced. ‘‘has been remarkably successful in promoting market competition in its 6 See Securities Exchange Act Release Nos. 89497 the ‘‘Nasdaq Options Trade Outline (NOTO)’’ and (August 6, 2020), 85 FR 48747 (August 12, 2020) assesses $750 per month for an intra-day broader forms that are most important to 14 (SR–CboeBZX–2020–059); 89498 (August 6, 2020), subscription and $500 per month for end of day investors and listed companies.’’ 85 FR 48735 (August 12, 2020) (SR–Cboe–EDGX– subscription; ISE offers the ‘‘Nasdaq ISE Open/ Making similar data products available Close Trade Profile’’ and assesses $2,000 per month 2020–36);85817 (May 9, 2019), 84 FR 21863 (May to market participants fosters 15, 2019) (SR–CBOE–2019–026); 89496 (August 6, for an intra-day subscription and $750 per month 2020), 85 FR 48743 (August 12, 2020) (SR–C2– for end of day subscription; and GEMX offers the competition in the marketplace, and 2020–010); 89596 [sic] (August 17, 2020), 85 FR ‘‘Nasdaq GEMX Open/Close Trade Profile’’ and constrains the ability of exchanges to 51833 (August 21, 2020) (SR–C2–2020–012); 62887 assesses $1,000 per month for an intra-day charge supra-competitive fees. In the subscription and $500 per month for end of day (September 10, 2010), 75 FR 57092 (September 17, event that a market participant views 2010) (SR–Phlx–2010–121); 65587 (October 18, subscription. Cboe EDGX Exchange, Inc. (‘‘EDGX’’) 2011), 76 FR 65765 (October 24, 2011) (SR– assesses $1,000 per month for an intra-day one exchange’s data product as more or NASDAQ–2011–144); 61317 (January 8, 2010), 75 subscription and $500 per month for end of day less attractive than the competition they FR 2915 (January 19, 2010) (SR–ISE–2009–103); subscription and Cboe BZX Exchange, Inc. (‘‘BZX’’) can and do switch between similar assess $1,500 per month for an intra-day 62887 (September 10, 2010), 75 FR 57092 products. The proposed fees are a result (September 17, 2010) (SR–Phlx–2010–121); 65587 subscription and $500 per month for end of day (October 18, 2011), 76 FR 65765 (October 24, 2011) subscription. See the EDGX fee schedule available of the competitive environment, as the at http://markets.cboe.com/us/options/ Exchange seeks to adopt fees to attract (SR–NASDAQ–2011–144); and 81632 (September _ 15, 2017), 82 FR 44235 (September 21, 2017) (SR– membership/fee schedule/edgx/ and the BZX fee purchasers of the recently introduced GEMX–2017–42). schedule available at http://markets.cboe.com/us/ options/membership/fee_schedule/bzx/. See also Open-Close Data product. 7 See Price List—U.S. Derivatives Data for Nasdaq Securities Exchange Act Release nos. 89879 [sic] PHLX, LLC (‘‘PHLX’’), The Nasdaq Stock Market, (August 17, 2020), 85 FR 51796 (August 21, 2020) 12 LLC (‘‘Nasdaq’’), Nasdaq ISE, LLC (‘‘ISE’’), and See supra note 6. (SR–CboeEDGX–2020–040); and 89583 (August 17, Nasdaq GEMX, LLC (‘‘GEMX’’), available at http:// 13 See Cboe Global Markets U.S. Options Market 2020), 85 FR 51825 (August 21, 2020) (SR– www.nasdaqtrader.com/ Month-to-Date Volume Summary (May 26, 2021), CboeBZX–2020–063). Trader.aspx?id=DPPriceListOptions#web. available at https://markets.cboe.com/us/options/ 8 Particularly, PHLX offers ‘‘Nasdaq PHLX Options 15 U.S.C. 78f(b). market_statistics/. Trade Outline (PHOTO)’’ and assesses $1,500 per 9 15 U.S.C. 78f(b)(5). 14 See Securities Exchange Act Release No. 51808 month for an intra-day subscription and $500 per 10 15 U.S.C. 78f(b). (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) month for end of day subscription; Nasdaq offers 11 15 U.S.C. 78f(b)(4). (‘‘Regulation NMS Adopting Release’’).

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The Exchange believes the proposed exchanges compete to attract business. industry and evolving customer needs, fees are reasonable as the proposed fees To the extent that the Exchange is and believes the data product will are both modest and similar to, or even successful in attracting subscribers for contribute to robust competition among lower than, the fees assessed by other the Open-Close Report, it may earn national securities exchanges. At least exchanges that provide similar data trading revenues and further enhance eight other U.S. options exchanges offer products.15 Indeed, proposing fees that the value of its data products. If the a market data product that is are excessively higher than established market deems the proposed fees to be substantially similar to the Open-Close fees for similar data products would unfair or inequitable, firms can Report. As a result, the Exchange simply serve to reduce demand for the diminish or discontinue their use of the believes this proposed rule change Exchange’s data product, which as data and/or avail themselves of similar permits fair competition among national noted, is entirely optional. Like the products offered by other exchanges.17 securities exchanges. Exchange’s Open-Close Report, other The Exchange therefore believes that the exchanges offer similar data products proposed fees for the Open-Close Report Furthermore, the Exchange operates that each provide insight into trading on reflect the competitive environment and in a highly competitive environment, those markets and may likewise aid in would be properly assessed on Member and its ability to price the Open-Close assessing investor sentiment. Although or non-Member users. The Exchange Report is constrained by competition each of these similar Open-Close data also believes the proposed fees are among exchanges that offer similar data products provide only proprietary trade equitable and not unfairly products to their customers. As data and not trade data from other discriminatory as the fees would apply discussed, there are currently a number exchanges, it is possible investors are equally to all users who choose to of similar products available to market still able to gauge overall investor purchase such data. The Exchange’s participants and investors. At least eight sentiment across different option series proposed fees would not differentiate other U.S. options exchanges offer a based on open and closing interest on between subscribers that purchase the market data product that is substantially any one exchange.16 Similarly, market Open-Close Report and are set at a similar to the Open-Close Report, which participants may be able to analyze modest level that would allow any the Exchange must consider in its interested Member or non-Member to option trade and volume data, and pricing discipline in order to compete purchase such data based on their create and test trading models and for the market data.19 For example, business needs. analytical strategies using only Open- proposing fees that are excessively Close data relating to trading activity on As noted above, the Exchange higher than established fees for similar one or more of the other markets that anticipates a wide variety of market data products would simply serve to provide similar data products. As such, participants to purchase the Open-Close reduce demand for the Exchange’s data if a market participant views another Report, including but not limited to exchange’s Open-Close data as more individual customers, buy-side product, which as discussed, market attractive than its proposed Open-Close investors and investment banks. The participants are under no obligation to Report, then such market participant Exchange reiterates that the decision as utilize. In this competitive environment, can merely choose not to purchase the to whether or not to purchase the Open- potential purchasers are free to choose Exchange’s Open-Close Report and Close Report is entirely optional for all which, if any, similar product to instead purchase another exchange’s potential subscribers. Indeed, no market purchase to satisfy their need for market Open-Close data product, which offer participant is required to purchase the information. As a result, the Exchange similar data points, albeit based on that Open-Close Report, and the Exchange is believes this proposed rule change other market’s trading activity. not required to make the Open-Close permits fair competition among national The Exchange also believes the Report available to all investors. Rather, securities exchanges. the Exchange is voluntarily making the proposed fees are reasonable as they The Exchange also does not believe would support the introduction of a Open-Close Report available, as requested by customers, and market the proposed fees would cause any new market data product that is unnecessary or in appropriate burden designed to aid investors by providing participants may choose to receive (and on intermarket competition as other insight into trading on the Exchange. pay for) this data based on their own exchanges are free to introduce their The recently adopted Open-Close business needs. Potential purchasers own comparable data product and lower Report would provide options market may request the data at any time if they participants with valuable information believe it to be valuable or may decline their prices to better compete with the about opening and closing transactions to purchase such data. Exchange’s offering. The Exchange does not believe the proposed rule change executed on the Exchange throughout B. Self-Regulatory Organization’s would cause any unnecessary or the trading day, similar to other trade Statement on Burden on Competition data products offered by competing inappropriate burden on intramarket The Exchange does not believe that options exchanges. In turn, this data competition. Particularly, the proposed the proposed rule change will result in would assist market participants in product and fees apply uniformly to any any burden on competition that is not gauging investor sentiment and trading purchaser, in that it does not necessary or appropriate in furtherance activity, resulting in potentially better differentiate between subscribers that of the purposes of the Act. Rather, the informed trading decisions. As noted purchase the Open-Close Report. The Exchange believes that the proposal will above, users may also use such data to proposed fees are set at a modest level promote competition by permitting the create and test trading models and that would allow any interested Member Exchange to sell a data product similar analytical strategies. or non-Member to purchase such data to those offered by other competitor Selling market data, such as the Open- 18 based on their business needs. Close Report, is also a means by which options exchanges. The Exchange made Open-Close Data available in 19 order to keep pace with changes in the See, e.g., Cboe Options Fees Schedule, Livevol 15 See supra note 7. Fees, Open-Close Data. See also Nasdaq ISE Options 16 The exchange notes that its Open-Close Report 7 Pricing Schedule, Section 10.A and Nasdaq PHLX data product does not include data on any 17 See supra note 6. Options 7 Pricing Schedule, Section 10, PHLX exclusive, singly-listed option series. 18 Id. Options Trade Outline (‘‘PHOTO’’).

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C. Self-Regulatory Organization’s proposed rule change between the I. Self-Regulatory Organization’s Statement on Comments on the Commission and any person, other than Statement of the Terms of Substance of Proposed Rule Change Received From those that may be withheld from the the Proposed Rule Change Members, Participants, or Others public in accordance with the The Exchange proposes to modify the Written comments were neither provisions of 5 U.S.C. 552, will be NYSE Arca Options Fee Schedule (‘‘Fee solicited nor received. available for website viewing and Schedule’’) regarding the Customer printing in the Commission’s Public Posting Credit Tiers and the Customer III. Date of Effectiveness of the Reference Room, 100 F Street NE, Incentive Program. The Exchange Proposed Rule Change and Timing for Washington, DC 20549, on official proposes to implement the fee change Commission Action business days between the hours of effective June 4, 2021.4 The proposed The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of the rule change is available on the effective pursuant to Section filing also will be available for Exchange’s website at www.nyse.com, at 20 19(b)(3)(A)(ii) of the Act, and Rule inspection and copying at the principal the principal office of the Exchange, and 21 19b–4(f)(2) thereunder. At any time office of the Exchange. All comments at the Commission’s Public Reference within 60 days of the filing of the received will be posted without change. Room. proposed rule change, the Commission Persons submitting comments are summarily may temporarily suspend II. Self-Regulatory Organization’s cautioned that we do not redact or edit such rule change if it appears to the Statement of the Purpose of, and Commission that such action is personal identifying information from Statutory Basis for, the Proposed Rule necessary or appropriate in the public comment submissions. You should Change interest, for the protection of investors, submit only information that you wish In its filing with the Commission, the or otherwise in furtherance of the to make available publicly. All self-regulatory organization included purposes of the Act. If the Commission submissions should refer to File statements concerning the purpose of, takes such action, the Commission shall Number SR–MIAX–2021–23 and should and basis for, the proposed rule change institute proceedings to determine be submitted on or before July 6, 2021. and discussed any comments it received whether the proposed rule should be For the Commission, by the Division of on the proposed rule change. The text approved or disapproved. Trading and Markets, pursuant to delegated of those statements may be examined at 22 the places specified in Item IV below. IV. Solicitation of Comments authority. J. Matthew DeLesDernier, The Exchange has prepared summaries, Interested persons are invited to set forth in sections A, B, and C below, submit written data, views, and Assistant Secretary. of the most significant parts of such arguments concerning the foregoing, [FR Doc. 2021–12476 Filed 6–14–21; 8:45 am] statements. including whether the proposed rule BILLING CODE 8011–01–P change is consistent with the Act. A. Self-Regulatory Organization’s Comments may be submitted by any of Statement of the Purpose of, and the the following methods: SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule COMMISSION Change Electronic Comments 1. Purpose • Use the Commission’s internet [Release No. 34–92132; No. SR–NYSEArca– The purpose of this filing is to amend comment form (http://www.sec.gov/ 2021–51] rules/sro.shtml); or the Fee Schedule to make modifications • Send an email to rule-comments@ to the Customer Penny Posting Credit Self-Regulatory Organizations; NYSE Tiers, Customer Incentive Program, and sec.gov. Please include File Number SR– Arca, Inc.; Notice of Filing and MIAX–2021–23 on the subject line. Customer Posting Credit Tiers in Non- Immediate Effectiveness of Proposed Penny Issues. Paper Comments Rule Change Modifying the NYSE Arca Currently, the Fee Schedule provides • Send paper comments in triplicate Options Fee Schedule that OTP Holders and Firms (‘‘OTP Holders’’) can qualify for per contract to Secretary, Securities and Exchange June 9, 2021. Commission, 100 F Street NE, credits applied to options transactions Washington, DC 20549–1090. Pursuant to Section 19(b)(1) 1 of the based on meeting certain minimum All submissions should refer to File Securities Exchange Act of 1934 (the volume thresholds from Customer 2 3 Number SR–MIAX–2021–23. This file ‘‘Act’’) and Rule 19b–4 thereunder, posting interest in Penny issues and number should be included on the notice is hereby given that, on June 4, Non-Penny issues and also qualify for subject line if email is used. To help the 2021, NYSE Arca, Inc. (‘‘NYSE Arca’’ or an additional credit by meeting Commission process and review your the ‘‘Exchange’’) filed with the specified incentive volume levels. The comments more efficiently, please use Securities and Exchange Commission Exchange proposes to make only one method. The Commission will (the ‘‘Commission’’) the proposed rule modifications to certain of its incentive post all comments on the Commission’s change as described in Items I, II, and programs as set forth below. The Exchange proposes to implement internet website (http://www.sec.gov/ III below, which Items have been the fee change effective June 4, 2021. rules/sro.shtml). Copies of the prepared by the self-regulatory submission, all subsequent organization. The Commission is Customer Penny Posting Credit Tiers amendments, all written statements publishing this notice to solicit (the ‘‘Penny Tiers’’) with respect to the proposed rule comments on the proposed rule change The Exchange proposes to make the change that are filed with the from interested persons. following modifications to the Penny Commission, and all written Tiers, which provide per contract communications relating to the 22 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 4 The Exchange originally filed to amend the Fee 20 15 U.S.C. 78s(b)(3)(A)(ii). 2 15 U.S.C. 78a. Schedule on June 1, 2021 (SR–NYSEArca–2021–48) 21 17 CFR 240.19b–4(f)(2). 3 17 CFR 240.19b–4. and withdrew such filing on June 4, 2021.

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credits on executions of Customer opportunities to qualify for credits is Penny Issues) if certain volume criteria posted interest in Penny Issues. First, increased, which benefits all and thresholds are met. The Exchange the Exchange proposes to modify one of participants through increased volume proposes to eliminate three of the the alternative minimum volume to the Exchange. existing Incentive Credits because such thresholds to achieve Penny Tier 4, In connection with the proposed incentives failed to consistently incent eliminate Penny Tier 5, and modify both change to Penny Tier 4, the Exchange OTP Holders to direct order flow to the alternative minimum volume thresholds proposes to eliminate current Penny Exchange. The Incentives Credits to be to achieve Penny Tier 7 (which will also Tier 5, which provides a ($0.48) per eliminated are: be renumbered to Tier 6). One of the contract credit to OTP Holders that • The additional ($0.01) per contract two alternative means of achieving execute at least 0.22% of TCADV from credit for OTP Holders that executed at current Penny Tier 4 is for OTP Holders Customer posted interest in all Issues, least 0.50% of TCADV from Customer to execute at least 0.85% of TCADV plus Executed ADV of 0.90% of U.S. posted interest in all issues, plus, an from posted interest in Penny Issues, all Equity Market Share Posted and ADV from Market Maker posted interest account types. The Exchange is Executed on NYSE Arca Equity Market, in Penny Issues equal to at least 0.30% proposing to modify this alternative or at least 0.75% of TCADV from of TCADV; and threshold to require at least 0.30% of Customer posted interest in all issues, • The additional ($0.03) per contract TCADV from Customer posted interest plus at least 0.45% of TCADV from credit for OTP Holders that executed in all issues, not including Professional Market Maker Total Electronic Volume. ADV of 0.90% of U.S. Equity Market Customer interest, plus executed ADV The Exchange is eliminating Tier 5 Share Posted and Executed on NYSE of 0.60% of U.S. Equity Market Share because OTP Holders failed to Arca Equity Market; and Posted and Executed on NYSE Arca consistently achieve this Tier and thus • The additional ($0.03) per contract Equity Market. The Exchange is not the incentive did not operate as credit for OTP Holders that executed at proposing to modify the Penny Tier 4 intended. The Exchange notes that the least 1.50% of TCADV from Customer per contract credit of ($0.47). proposed changes to Penny Tier 4 posted interest in both Penny and non- The Exchange’s proposed changes to incorporates a cross-asset pricing Penny Issues, plus Executed ADV of Penny Tier 4 would modify the component similar to the one being 0.10% of U.S. Equity Market Share qualification threshold for options order eliminated with existing Tier 5. Posted and Executed on NYSE Arca flow such that the qualifying volume The Exchange proposes to modify Equity Market. would be restricted to posted Customer current Penny Tier 7 by increasing both The Exchange also proposes to add a interest (not including Professional of the minimum alternative volume new Incentive Credit which would Customer interest) but would apply to thresholds to achieve the same ($0.50) provide an additional ($0.03) per posted Customer volume in all issues per contract credit. First, the Exchange contract credit for OTP Holders that (not just Penny Issues). The proposed is proposing to require that OTP Holders executed at least 0.30% of TCADV from change excludes Professional Customer execute at least 1.30% (up from 1.00%) Customer posted interest in all issues, interest and is designed to attract of TCADV from Customer posted not including Professional Customer Customer order flow, which provides interest in all issues, or execute at least interest, plus executed ADV of 0.60% of benefits distinct from Professional 1.00% (up from 0.80%) of TCADV from U.S. Equity Market Share Posted and Customer volume. Customer liquidity Customer posted interest in all issues, Executed on NYSE Arca Equity Market. benefits all market participants by plus executed ADV of 0.30% of U.S. The proposed new Incentive Credit providing more trading opportunities, Equity Market Share Posted and excludes Professional Customer interest which attracts Market Makers. An Executed on NYSE Arca Equity Market.5 and is designed to attract Customer increase in the activity of these market The Exchange believes the proposed order flow, which provides benefits participants in turn facilitates tighter change to Penny Tier 7, which increases distinct from Professional Customer spreads, which may cause an additional the minimum volume required, would volume. Customer liquidity benefits all corresponding increase in order flow not discourage OTP Holders from market participants by providing more from other market participants. The directing volume to the Exchange trading opportunities, which attracts Exchange believes this proposed change because the Penny Tier 7 per contract Market Makers. An increase in the would still encourage OTP Holders to credit of ($0.50) is competitive with activity of these market participants in achieve Tier 4 albeit with increased other options exchanges.6 turn facilitates tighter spreads, which Customer posted interest. The The Exchange proposes to renumber may cause an additional corresponding Exchange’s proposed change to Penny current Penny Tiers 6 and 7 as new increase in order flow from other market Tier 4 to add a cross-asset component is Penny Tiers 5 and 6, respectively. participants. The Exchange believes this designed to incentivize OTP Holders to Customer Incentive Program (the proposed Incentive Credit would execute volume on the Exchange’s ‘‘Incentive Credits’’) encourage OTP Holders to achieve this equities platform which would make the additional credit albeit with increased Exchange a more attractive execution The Exchange also proposes Customer posted interest. The venue. modifications to the Incentive Credits, Exchange’s proposed inclusion of a Notwithstanding the proposed change which enables OTP Holders to achieve cross-asset component is designed to to Penny Tier 4, the Exchange notes that one additional credit (to the Customer incentivize OTP Holders to execute OTP Holders are still eligible to qualify Posting Credits Tiers in Penny and Non- volume on the Exchange’s equities for the Penny Tier 4 per contract credit platform (in addition to the options of per contract credit [sic] of ($0.47) 5 Regarding this alternative minimum threshold, the Exchange also proposes to make a non- platform) which would make the under the alternative (and unchanged) substantive correction of a typographical error to Exchange a more attractive execution threshold, which requires that an OTP eliminate an extraneous ‘‘ADV,’’ which would add venue. Holder execute at least 0.75% of TCADV clarity and transparency to the Fee Schedule. from Customer posted interest in all 6 See, e.g., BZX Options Fee Schedule, available Customer Posting Credit Tiers in Non- at, https://markets.cboe.com/us/options/ Penny Issues (the ‘‘Non-Penny Tiers’’) issues. By continuing to provide such membership/fee_schedule/bzx/ (providing a $0.52 alternative methods to qualify for a per contract credit to members that achieve Tier 4 The Exchange proposes to modify the Penny Tier, the Exchange believes the of the Customer Penny Add Volume Tiers). Non-Penny Tiers, which provide per

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contract credits on executions of Arca Equity Market.7 The Exchange issuers and other persons using its Customer posted interest in Non-Penny believes the proposed change to Non- facilities and does not unfairly Issues, in several ways. First, the Penny Tier F, which increases the discriminate between customers, Exchange proposes to eliminate Tier B minimum volume required, would not issuers, brokers or dealers. of the Non-Penny Tiers and the discourage OTP Holders from directing The Proposed Rule Change Is associated ($0.94) per contract credit, volume to the Exchange because the Reasonable which Tier includes the same minimum Non-Penny Tier F per contract credit of volume requirement as the to-be- ($1.02) is competitive with other The Exchange operates in a highly eliminated Penny Tier 5 (i.e., that an options exchanges.8 competitive market. The Commission OTP Holder achieve at least 0.75% of The Exchange notes that an OTP has repeatedly expressed its preference TCADV from Customer posted interest Holder that qualifies for the new for competition over regulatory in all issues, plus an ADV from Market alternative volume threshold under intervention in determining prices, Maker Total Electronic Volume equal to Penny Tier 4 would also qualify for new products, and services in the securities 0.45% of TCADV. [sic] Like the Non-Penny Tier C as well as the new markets. In Regulation NMS, the elimination of Penny Tier 5, the Incentive Credit as all three programs Commission highlighted the importance Exchange believes this change would have the same minimum volume of market forces in determining prices remove an incentive that failed to threshold. The Exchange notes that new and SRO revenues and, also, recognized consistently incent OTP Holders to Incentive Credit, which is a credit that that current regulation of the market direct order flow to the Exchange. In is achieved in addition to credits system ‘‘has been remarkably successful connection with this change, the associated with the Penny and Non- in promoting market competition in its Exchange proposes to rename the Penny Tiers, is designed to encourage broader forms that are most important to 11 current Tier C as new Tier B and to offer OTP Holders that may already qualify investors and listed companies.’’ a new Tier C. based on the minimum options volume There are currently 16 registered thresholds to also post and execute a options exchanges competing for order Proposed Tier C of the Non-Penny certain amount of volume on the flow. Based on publicly-available Tiers would offer a ($0.97) per contract Exchange’s equities trading platform, information, and excluding index-based credit to OTP Holders that execute at which would make the Exchange a more options, no single exchange has more least 0.30% of TCADV from Customer attractive execution venue for both than 16% of the market share of posted interest in all issues, not options and equities. executed volume of multiply-listed including Professional Customer The Exchange cannot predict with equity and ETF options trades.12 interest, plus executed ADV of 0.60% of certainty whether any OTP Holders will Therefore, currently no exchange U.S. Equity Market Share Posted and avail themselves of the proposed possesses significant pricing power in Executed on NYSE Arca Equity Market. changes to the Penny Tiers, Incentive the execution of multiply-listed equity & Proposed Tier C, which excludes Credits or Non-Penny Tiers. At present, ETF options order flow. More Professional Customer interest, is whether or when an OTP Holder would specifically, in April 2021, the Exchange designed to attract Customer order flow, qualify for the enhanced credit varies had less than 10% market share of which provides benefits distinct from month-to-month. Thus, the Exchange executed volume of multiply-listed Professional Customer volume. cannot predict with any certainty the equity & ETF options trades.13 Customer liquidity benefits all market number of OTP Holders that may The Exchange believes that the ever- participants by providing more trading qualify for the proposed new shifting market share among the opportunities, which attracts Market qualifications, but believes that OTP exchanges from month to month Makers. An increase in the activity of Holders would be encouraged to demonstrates that market participants these market participants in turn increase volume to take advantage of the can shift order flow or discontinue or facilitates tighter spreads, which may credit tiers, and also to increase reduce use of certain categories of cause an additional corresponding participation through posted interest on products, in response to fee changes. increase in order flow from other market the NYSE Arca Equity Market. Accordingly, competitive forces participants. The Exchange’s proposed 2. Statutory Basis constrain options exchange transaction inclusion of a cross-asset component is fees. In response to this competitive designed to incentivize OTP Holders to The Exchange believes that the environment, the Exchange has execute volume on the Exchange’s proposed rule change is consistent with established incentives, such as the 9 equities platform. The Exchange Section 6(b) of the Act, in general, and Penny Tiers, the Incentive Credits, and believes this proposed Tier C would furthers the objectives of Sections the Non-Penny Tiers. 10 encourage OTP Holders to achieve this 6(b)(4) and (5) of the Act, in particular, The Exchange believes that the Tier albeit with increased Customer because it provides for the equitable proposed modification to the Penny posted interest and would also allocation of reasonable dues, fees, and Tiers, including eliminating Penny Tier encourage increased equities trading, other charges among its members, which would make the Exchange a more 11 See Securities Exchange Act Release No. 51808 attractive execution venue. 7 Regarding proposed Tier F, the Exchange also (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) proposes to make a non-substantive correction of a (S7–10–04) (‘‘Reg NMS Adopting Release’’). The Exchange also proposes to modify typographical error to eliminate an extraneous 12 The OCC publishes options and futures volume the minimum volume threshold ‘‘ADV, which would add clarity and transparency in a variety of formats, including daily and monthly required to achieve Tier F of the Non- to the Fee Schedule. The Exchange also proposes volume by exchange, available here: https:// a non-substantive change to Non-Penny Tier D to Penny Tiers by offering a ($1.02) per www.theocc.com/Market-Data/Market-Data- remove an extraneous comma, which would add Reports/Volume-and-Open-Interest/Monthly- contract credit to OTP Holders that clarity and transparency to the Fee Schedule. Weekly-Volume-Statistics. execute at least 1.00%(up from 0.80%) 8 See, e.g., BZX Options Fee Schedule, supra note 13 Based on OCC data for monthly volume of of TCADV from Customer posted 6 (providing a $1.00 per contract credit to members equity-based options and monthly volume of ETF- interest in all issues, plus executed ADV that achieve Tier 2 of the Customer Non-Penny Add based options, see id., the Exchange’s market share Volume Tiers). in equity-based options increased from 7.46% for of 0.30% ADV of U.S. Equity Market 9 15 U.S.C. 78f(b). the month of April 2020 to 9.28% for the month Share Posted and Executed on NYSE 10 15 U.S.C. 78f(b)(4) and (5). of April 2021.

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5 and modifying the minimum volume Penny Tier F is reasonably designed to its fees and credits. The proposal is thresholds and qualifying criteria for continue to incent OTP Holders to based on the amount and type of Penny Tier 4 and current Penny Tier 7 increase the amount and type of business transacted on the Exchange (new Tier 6) are reasonably designed to Customer interest sent to the Exchange, and OTP Holders can opt to avail continue to incent OTP Holders to especially posted interest. As noted themselves of the credits or not. increase the amount of Customer above, an increase in posted Customer Moreover, the proposal is designed to interest sent to the Exchange, especially interest benefits all market participants. incent OTP Holders to aggregate all posted interest. The proposed changes The proposed new Incentive Credit Customer posting interest at the to the Penny Tiers exclude Professional has a minimum volume threshold Exchange as a primary execution venue Customer interest and are reasonably identical to proposed Penny Tier 4 and and to attract more posting interest on designed to attract Customer order flow, Non-Penny Tier C and similarly the NYSE Arca Equity Market. To the which is unique and provides benefits excludes Professional Customer interest. extent that the proposed change attracts distinct from Professional Customer This proposed Incentive Credit is more Customer posting interest to the volume. An increase in Customer reasonably designed to attract Customer Exchange and more posting interest on volume would create more trading order flow, which provides benefits the NYSE Arca Equity Market, this opportunities, which, in turn attracts distinct from Professional Customer increased order flow would continue to Market Makers. A resulting increase in volume. Customer liquidity benefits all make the Exchange a more competitive Market-Maker activity may facilitate market participants by providing more venue for, among other things, order tighter spreads, which may lead to an trading opportunities, which attracts execution on both options and cash additional increase of order flow from Market Makers. An increase in the equities. Thus, the Exchange believes other market participants, further activity of these market participants in the proposed rule change would contributing to a deeper, more liquid turn facilitates tighter spreads, which improve market quality for all market market to the benefit of all market may cause an additional corresponding participants on the Exchange and, as a participants by creating a more robust increase in order flow from other market consequence, attract more order flow to and well-balanced market ecosystem. participants. The Exchange believes that the Exchange thereby improving market- As noted above, OTP Holders are still this proposed Incentive Credit would wide quality and price discovery. eligible to qualify for Penny Credit Tier encourage OTP Holders to achieve this 4 under the existing alternative additional credit albeit with increased The Proposed Rule Change Is Not (unchanged) qualification basis. By Customer posted interest. The Unfairly Discriminatory continuing to provide such alternative Exchange’s proposed inclusion of a The Exchange believes it is not methods to qualify for a Penny Tier, the cross-asset component in the new unfairly discriminatory to modify the Exchange believes the opportunities to Incentive Credit is designed to Penny Tiers, the Incentive Credits, and qualify for credits is increased, which incentivize OTP Holders to execute the Non-Penny Tiers because the benefits all participants through volume on the Exchange’s equities proposed modifications would be increased volume to the Exchange. platform (in addition to the options available to all similarly-situated market The proposed addition of the cross- platform) which would make the participants on an equal and non- asset component to Penny Tier 4 is Exchange a more attractive execution discriminatory basis. designed to incent OTP Holders (and venue. The proposal is based on the amount their affiliates) to transact more options To the extent the proposed rule and type of business transacted on the and equities volume on the Exchange, change continues to attract greater Exchange and OTP Holders are not which may result in an increase of volume and liquidity by encouraging obligated to try to achieve the enhanced volume and liquidity on both its options OTP Holders (and their affiliates) to qualifications, nor are they obligated to and equites platforms, which would increase their options and equities execute posted interest. Rather, the benefit all market participants by volume on the Exchange in an effort to proposal is designed to encourage OTP providing more trading opportunities achieve higher credits through the Holders to utilize the Exchange as a and tighter spreads, and may lead to a Penny and Non-Penny Tiers (as well as primary trading venue for Customer corresponding increase in order flow one of the additional Incentive Credits), posted interest (if they have not done so from other market participants. the Exchange believes the proposed previously) and more posting interest on The proposed changes to eliminate change would improve the Exchange’s the NYSE Arca Equity Market. To the certain Incentive Credits and Non- overall competitiveness and strengthen extent that the proposed change attracts Penny Tier B are reasonably designed to its market quality for all market more Customer interest, including eliminate from the Fee Schedule participants. In the backdrop of the posted interest, to the Exchange, this incentives that did not consistently competitive environment in which the increased order flow would continue to encourage OTP Holders to direct order Exchange operates, the proposed rule make the Exchange a more competitive flow to the Exchange. The proposed change is a reasonable attempt by the venue for, among other things, order new Incentive Credit and new Non- Exchange to increase the depth of its execution. Thus, the Exchange believes Penny Tier C, which each include a market and improve its market share the proposed rule change would cross-asset component, are reasonably relative to its competitors. improve market quality for all market designed to encourage OTP Holders The proposed non-substantive participants on the Exchange and, as a (and their affiliates) to transact more changes (see supra notes 5 and 7) are consequence, attract more order flow to options and equities volume on the reasonably designed to add clarity and the Exchange thereby improving market- Exchange, which would benefit all transparency to the Fee Schedule wide quality and price discovery. The market participants by providing more making it easier to navigate and resulting increased volume and trading opportunities and tighter comprehend. liquidity would provide more trading spreads, and may lead to a opportunities and tighter spreads to all corresponding increase in order flow The Proposed Rule Change is an market participants and thus would from other market participants. Equitable Allocation of Credits and Fees promote just and equitable principles of The Exchange believes that the The Exchange believes the proposed trade, remove impediments to and proposed modification to the Non- rule change is an equitable allocation of perfect the mechanism of a free and

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open market and a national market be excessive. In such an environment, 19(b)(3)(A) 18 of the Act and system and, in general, to protect the Exchange must continually adjust its subparagraph (f)(2) of Rule 19b–4 19 investors and the public interest. fees to remain competitive with other thereunder, because it establishes a due, Finally, the Exchange believes that it exchanges and to attract order flow to fee, or other charge imposed by the is subject to significant competitive the Exchange. Based on publicly- Exchange. forces, as described below in the available information, and excluding At any time within 60 days of the Exchange’s statement regarding the index-based options, no single exchange filing of such proposed rule change, the burden on competition. has more than 16% of the market share Commission summarily may B. Self-Regulatory Organization’s of executed volume of multiply-listed temporarily suspend such rule change if 15 Statement on Burden on Competition equity and ETF options trades. it appears to the Commission that such Therefore, currently no exchange action is necessary or appropriate in the In accordance with Section 6(b)(8) of possesses significant pricing power in public interest, for the protection of the Act, the Exchange does not believe the execution of multiply-listed equity & investors, or otherwise in furtherance of that the proposed rule change would ETF options order flow. More the purposes of the Act. If the impose any burden on competition that specifically, in April 2021, the Exchange Commission takes such action, the is not necessary or appropriate in had less than 10% market share of Commission shall institute proceedings furtherance of the purposes of the Act. executed volume of multiply-listed under Section 19(b)(2)(B) 20 of the Act to Instead, as discussed above, the equity & ETF options trades.16 determine whether the proposed rule Exchange believes that the proposed The Exchange believes that the change should be approved or changes would encourage the proposed rule change reflects this disapproved. submission of additional liquidity to a competitive environment because it IV. Solicitation of Comments public exchange, thereby promoting modifies the Exchange’s fees and credits market depth, price discovery and in a manner that is competitive and Interested persons are invited to transparency and enhancing order designed to incent OTP Holders to submit written data, views, and execution opportunities for all market direct trading interest (particularly arguments concerning the foregoing, participants. As a result, the Exchange Customer posted interest and posted including whether the proposed rule believes that the proposed change equity interest) to the Exchange, to change is consistent with the Act. furthers the Commission’s goal in provide liquidity and to attract order Comments may be submitted by any of adopting Regulation NMS of fostering flow.17 To the extent that this purpose the following methods: integrated competition among orders, is achieved, all the Exchange’s market which promotes ‘‘more efficient pricing Electronic Comments participants should benefit from the • of individual stocks for all types of improved market quality and increased Use the Commission’s internet 14 orders, large and small.’’ opportunities for price improvement. comment form (http://www.sec.gov/ Intramarket Competition. The rules/sro.shtml); or The Exchange believes that the • proposed change is designed to attract proposed change could promote Send an email to rule-comments@ additional order flow (particularly competition between the Exchange and sec.gov. Please include File Number SR– Customer posted interest and posted other execution venues, including those NYSEArca–2021–51 on the subject line. equity interest) to the Exchange. The that currently offer similar Customer Paper Comments Exchange believes that the proposed posting credits, by encouraging • Send paper comments in triplicate modification to the Penny Tiers, the additional orders to be sent to the to Secretary, Securities and Exchange Incentive Credits, and the Non-Penny Exchange for execution. The Exchange Commission, 100 F Street NE, Tiers would incent OTP Holders to also believes that the proposed change Washington, DC 20549–1090. direct their Customer order flow and is designed to provide the public and their posted equity order flow to the investors with a Fee Schedule that is All submissions should refer to File Exchange. Greater liquidity benefits all clear and consistent, thereby reducing Number SR–NYSEArca–2021–51. This market participants on the Exchange burdens on the marketplace and file number should be included on the and increased Customer order flow and facilitating investor protection. subject line if email is used. To help the posted equity order flow would increase Commission process and review your opportunities for execution of other C. Self-Regulatory Organization’s comments more efficiently, please use trading interest. The proposed Statement on Comments on the only one method. The Commission will modifications to the Penny Tiers, the Proposed Rule Change Received From post all comments on the Commission’s Incentive Credits, and the Non-Penny Members, Participants, or Others internet website (http://www.sec.gov/ Tiers would be available to all similarly- No written comments were solicited rules/sro.shtml). Copies of the situated market participants that or received with respect to the proposed submission, all subsequent execute Customer posted interest rule change. amendments, all written statements (excluding Professional Customer with respect to the proposed rule interest), and, as such, the proposed III. Date of Effectiveness of the change that are filed with the change would not impose a disparate Proposed Rule Change and Timing for Commission, and all written burden on competition among market Commission Action communications relating to the participants on the Exchange. The foregoing rule change is effective proposed rule change between the Intermarket Competition. The upon filing pursuant to Section Commission and any person, other than Exchange operates in a highly those that may be withheld from the competitive market in which market 15 See supra note 12. public in accordance with the participants can readily favor one of the 16 Based on OCC data for monthly volume of provisions of 5 U.S.C. 552, will be 16 competing option exchanges if they equity-based options and monthly volume of ETF- available for website viewing and based options, see id., the Exchange’s market share deem fee levels at a particular venue to in equity-based options increased from 7.46% for the month of April 2020 to 9.28% for the month 18 15 U.S.C. 78s(b)(3)(A). 14 See Reg NMS Adopting Release, supra note 11, of April 2021. 19 17 CFR 240.19b–4(f)(2). at 37499. 17 See supra notes 6 and 8. 20 15 U.S.C. 78s(b)(2)(B).

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printing in the Commission’s Public rulebook/nasdaq/rules, at the principal rebates (‘‘Standard Rebate’’) and Reference Room, 100 F Street NE, office of the Exchange, and at the enhanced rebates (‘‘Enhanced Rebate’’), Washington, DC 20549 on official Commission’s Public Reference Room. as well as address Secondary DLPs; and business days between the hours of (4) change the existing Additional Tape II. Self-Regulatory Organization’s 10:00 a.m. and 3:00 p.m. Copies of the C ETP Incentives in Equity 7, Section Statement of the Purpose of, and filing also will be available for 114(f)(5)(B), as well as add a new tier to Statutory Basis for, the Proposed Rule inspection and copying at the principal the schedule. Change office of the Exchange. All comments received will be posted without change. In its filing with the Commission, the Description of the Changes Persons submitting comments are Exchange included statements The proposal amends the rebates cautioned that we do not redact or edit concerning the purpose of and basis for applicable for DLPs in Nasdaq-listed personal identifying information from the proposed rule change and discussed securities with monthly incentives that comment submissions. You should any comments it received on the are directly tied to meeting MQMs.4 The submit only information that you wish proposed rule change. The text of these Exchange believes that these changes to make available publicly. All statements may be examined at the will encourage DLPs to maintain better submissions should refer to File places specified in Item IV below. The market quality in Nasdaq-listed Number SR–NYSEArca–2021–51, and Exchange has prepared summaries, set securities, and, in particular, in lower should be submitted on or before July 6, forth in sections A, B, and C below, of volume securities where transaction- 2021. the most significant aspects of such based compensation (i.e., rebates) may For the Commission, by the Division of statements. not be sufficient. The Exchange Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s currently offers a DLP Program, which authority.21 applies to transactions in a Qualified Statement of the Purpose of, and 5 J. Matthew DeLesDernier, Statutory Basis for, the Proposed Rule Security by one of its DLPs associated Assistant Secretary. Change with its DLP Program market participant [FR Doc. 2021–12473 Filed 6–14–21; 8:45 am] identifier (‘‘MPID’’). 1. Purpose BILLING CODE 8011–01–P Add Exchange Traded Fund Shares, The purpose of the proposed rule Proxy Portfolio Shares and Managed change is to amend the Exchange’s Portfolio Shares To List That May Be SECURITIES AND EXCHANGE Pricing Schedule at Equity 7, Section Designated as a Qualified Security COMMISSION 114(f) applicable to the Designated 3 The Exchange proposes to amend [Release No. 34–92134; File No. SR– Liquidity Provider (‘‘DLP’’) Program. The Exchange proposes to amend the Equity 7, Section 114(f)(1)(A) to add NASDAQ–2021–046] Exchange Traded Fund Shares listed on rebates applicable for DLPs in Nasdaq- 6 Self-Regulatory Organizations; The listed securities with monthly Nasdaq pursuant to Nasdaq Rule 5704, Nasdaq Stock Market LLC; Notice of incentives that are directly tied to Proxy Portfolio Shares listed on Nasdaq Filing and Immediate Effectiveness of meeting market quality metrics pursuant to Nasdaq Rule 5750 and Proposed Rule Change To Amend the (‘‘MQMs’’). Specifically, the Exchange Managed Portfolio Shares listed on Exchange’s Pricing Schedule at Equity proposes to (1) add Exchange Traded Nasdaq pursuant to Nasdaq Rule 5760 to 7, Section 114(f) Fund Shares listed on Nasdaq pursuant the list of securities that may be to Nasdaq Rule 5704, Proxy Portfolio designated as a Qualified Security, as June 9, 2021. Shares listed on Nasdaq pursuant to long as it has at least one DLP. Nasdaq Pursuant to Section 19(b)(1) of the Nasdaq Rule 5750, and Managed Rule 5704 (Exchange Traded Fund Securities Exchange Act of 1934 Portfolio Shares listed on Nasdaq Shares), Nasdaq Rule 5750 (Proxy 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, pursuant to Nasdaq Rule 5760 to the list Portfolio Shares) and Nasdaq Rule 5760 notice is hereby given that on May 27, of securities that may be designated as (Managed Portfolio Shares) were all 2021, The Nasdaq Stock Market LLC a Qualified Security, as long as it has at fairly recently adopted and should be (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the least one DLP; (2) amend Equity 7, added to the existing list that already Securities and Exchange Commission Section 114(f)(4) to revise the monthly includes: Nasdaq Rule 5705—Exchange (‘‘Commission’’) the proposed rule performance criteria related to the Traded Funds: Portfolio Depository change as described in Items I, II, and specific rebates provided under Equity Receipts and Index Fund Shares; III below, which Items have been 7, Section 114(f)(5), as well as to address Nasdaq Rule 5710—Securities Linked to prepared by the Exchange. The secondary DLPs (‘‘Secondary DLPs’’); (3) the Performance of Indexes and Commission is publishing this notice to change the current schedule under Commodities (Including Currencies); solicit comments on the proposed rule Equity 7, Section 114(f)(5) from three Nasdaq Rule 5720—Trust Issued change from interested persons. tiers to five tiers, establish both standard Receipts; Nasdaq Rule 5735—Managed Fund Shares; and Nasdaq Rule 5745— I. Self-Regulatory Organization’s Statement of the Terms of Substance of 3 Equity 7, Section 114(f)(2) defines a ‘‘Designated Liquidity Provider’’ or ‘‘DLP’’ as a registered 4 The Exchange is also making a technical change the Proposed Rule Change Nasdaq market maker for a Qualified Security in the second sentence of Equity 7, Section The Exchange proposes to amend the (defined below) that has committed to maintain 114(f)(5)(B) to change ‘‘Rebate’’ to ‘‘rebate’’. 5 Exchange’s Pricing Schedule at Equity minimum performance standards. A DLP will be Equity 7, Section 114(f)(1) says a security may selected by Nasdaq based on factors including, but be designated as a ‘‘Qualified Security’’ if: (a) It is 7, Section 114(f) (‘‘Pricing Schedule’’). not limited to, experience with making markets in an exchange-traded product listed on Nasdaq The text of the proposed rule change exchange-traded products, adequacy of capital, pursuant to Nasdaq Rules 5705, 5710, 5720, 5735, is available on the Exchange’s website at willingness to promote Nasdaq as a marketplace, or 5745; and (b) it has at least one DLP. https://listingcenter.nasdaq.com/ issuer preference, operational capacity, support 6 The inclusion of Nasdaq Rule 5704 to the list personnel, and history of adherence to Nasdaq rules of securities that may be designated as a Qualified and securities laws. Nasdaq may limit the number Security is not a substantive change, but being 21 17 CFR 200.30–3(a)(12). of DLPs in a security, or modify a previously added as a clarification because the securities listed 1 15 U.S.C. 78s(b)(1). established limit, upon prior written notice to under Nasdaq Rule 5704 are already covered by 2 17 CFR 240.19b–4. members. Nasdaq Rules 5705 and 5735.

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Exchange-Traded Managed Fund Shares Additionally, the Exchange proposes ETPs with monthly ADV between (‘‘NextShares’’). Both Proxy Portfolio to amend Equity 7, Section 114(f)(4) to 150,001 and 250,000 in the prior month Shares and Managed Portfolio Shares address Secondary DLPs. If there are with a Standard Rebate of $200 per are semi-transparent exchange-traded two DLP assignments for a Nasdaq- month and with an Enhanced Rebate of funds (‘‘ETFs’’) that also need support listed ETP, the Secondary DLP will be $350 per month. Tier 4 will apply to from a market quality perspective just determined by using the factors in ETPs with monthly ADV between like traditional ETFs. Since these Section 114(f)(2). The Secondary DLP 50,001 and 150,000 in the prior month products are new and incubating, the will qualify for rebates in ETPs if it with a Standard Rebate of $225 per Exchange believes the DLP changes will meets two of the four Enhanced MQMs month and with an Enhanced Rebate of be beneficial to these ETFs as well. noted above. The Exchange believes that $450 per month. Tier 5 will apply to allowing two DLPs will work to further ETPs with monthly ADV less than Amend Monthly Performance Criteria support the market quality in lower 50,001 in the prior month with a for Rebates and Address Secondary average daily volume (‘‘ADV’’) ETPs and Standard Rebate of $300 per month and DLPs increase resiliency in market quality with an Enhanced Rebate of $500 per The Exchange also proposes to amend performance. By incentivizing more month. The Tier 3–5 rebates will be in Equity 7, Section 114(f)(4) to revise the than one market maker to meet the addition to any other rebates the monthly performance criteria related to increased MQMs, lower ADV ETPs now Primary DLP qualifies for under Equity the specific rebates provided under have more market makers who are 7, Sections 114 and 118. Equity 7, Section 114(f)(5). Currently, to incentivized to provide quote quality Currently, the Exchange’s DLP qualify for the basic rebate, which is and layering of notional depth, which Program incentivizes DLPs with a being renamed the ‘‘Primary DLP can be a benefit if the Primary DLP has transaction-style rebate with one market Rebate,’’ under Equity 7, Section an unforeseen quoting or technology quality requirement (time at inside at 114(f)(4), a DLP must be at the national issue. Also, by adding the MQMs, the least 20%). While this does benefit some best bid (best offer) (‘‘NBBO’’) at least Primary and Secondary DLP are ETPs, it may not be satisfactory for 20% of the time on average in the incentivized to not only provide quotes lower volume ETPs, which are often assigned exchange-traded product at the NBBO but also other important new and incubating products that need (‘‘ETP’’). As amended, a Primary DLP quote quality metrics around the NBBO. a different support model from the will need to meet all four of the Nasdaq. The Exchange believes the Standard MQMs in the assigned ETP as Amend Rebate Tiers To Include changes will better position these ETPs measured by Nasdaq to qualify for the Standard and New Enhanced Rebates for success and benefit the issuers and Standard Rebate and all four of the and Update Schedule From Three to market makers by offering a fixed rebate Enhanced MQMs in the assigned ETP as Five Tiers, and Address Secondary for meeting more market quality measured by Nasdaq to qualify for the DLPs requirements in lower volume ETPs. Enhanced Rebate. These MQMs are Currently, the Exchange provides Nasdaq believes that by allowing a measured on average in the assigned rebates in Equity 7, Section 114(f)(5)(A) hybrid-style rebate program (transaction ETP during regular market hours: 7 (1) that are in lieu of or in addition to, as and fixed rebate), the Exchange can Time at the NBBO will be 20% for the specified [sic], other rebates or fees better support the market makers’ Standard Rebate and 50% for the provided under Equity 7, Sections 114 business model. The Exchange believes Enhanced Rebate; (2) time within 5 and 118. The Exchange proposes to that the amended DLP Program and basis points of NBBO will be 50% for change the current schedule of three market quality requirements will serve the Standard Rebate and 75% for the tiers 8 to an updated schedule with five to better align the Exchange incentives with a more scalable and reliable model Enhanced Rebate; (3) notional depth tiers and will clarify that the rebates for DLPs, as well as increase market will be $100,000 (within 150 basis will only apply to MPIDs where a quality performance in Nasdaq-listed points of NBBO) for the Standard Rebate member is a Primary DLP. ETPs. The Exchange decided to retain a and $100,000 (within 50 basis points of The proposed amended schedule per executed share rebate model for NBBO) for the Enhanced Rebate; and (4) contains five tiers based on monthly ETPs with an ADV greater than 250,001. average spread will be less than 125 ADV and includes both a Standard Based on issuer and market maker basis points for the Standard Rebate and Rebate and an Enhanced Rebate for feedback, it was evident that for more less than 25 basis points for the Primary DLPs. Tier 1 will apply to ETPs actively traded ETPs this model may Enhanced Rebate. with monthly ADV greater than 1 provide greater incentives for DLPs Nasdaq is proposing these changes to million in the prior month with a while still holding DLPs to more the DLP Program to modernize it so that Standard Rebate of $0.0034 per stringent MQMs. it becomes a program that is more executed share and with an Enhanced The Exchange also proposes that if market quality focused rather than Rebate of $0.0036 per executed share. there is more than one DLP to an transaction-based. The new MQMs are Tier 2 will apply to ETPs with monthly assigned ETP, then the Secondary DLP intended to encourage DLPs to uphold ADV between 250,001 and 1 million in receives $150 per month or an better quality markets in Nasdaq-listed the prior month with a Standard Rebate additional $0.0003 per executed share, ETPs and also ensure a scalable of $0.0040 per executed share and with depending upon the tier, which will be business model to support new and an Enhanced Rebate of $0.0042 per in addition to any other rebate the incubating ETPs that often trade less on executed share. Tier 3 will apply to Secondary DLP is eligible for under a daily basis (i.e., certain rebates will be Equity 7, Sections 114 and 118. The 8 on a fixed amount rather than on a per The current three tiers are: (1) $0.0070 per Exchange believes that by allowing two executed share basis). executed share for ETPs with monthly ADV less than 500,000 in the prior month; (2) $0.0042 per DLPs (the Secondary DLP will be executed share for ETPs with monthly ADV determined by using the factors in 7 Equity 7, Section 114(h)(9) says ‘‘The term between 500,000 and 5 million in the prior month; Equity 7, Section 114(f)(2)) will work to ‘‘regular market hours’’ means 9:30 a.m. through and (3) $0.0036 per executed share for ETPs with 4:00 p.m., or such shorter period as may be monthly ADV greater than 5 million in the prior further support the market quality in designated by Nasdaq on a day when the securities month. Enhanced Rebates are not addressed in the lower ADV ETPs and increase resiliency markets close early.’’ current schedule. in market quality performance.

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Change Existing Additional Tape C ETP 6(b)(5) of the Act,11 in particular, in that Amend Equity 7, Section 114(f)(4) To Incentives and Add New Tier they provide for the equitable allocation Revise the Monthly Performance In addition, the Exchange proposes to of reasonable dues, fees, and other Criteria Related to Specific Rebates change the existing Additional Tape C charges among members and issuers and Provided Under Equity 7, Section ETP Incentives in Equity 7, Section other persons using its facilities and do 114(f)(5), and To Address Secondary 114(f)(5)(B), as well as add a new tier. not unfairly discriminate between DLPs The rebates are provided to an eligible customers, issuers, brokers or dealers. The Exchange believes that amending member for each displayed share that The Exchange also notes that its ETP Equity 7, Section 114(f)(4) to revise the adds liquidity in a Tape C ETP that listing business operates in a highly- monthly performance criteria related to meets the criteria of Equity 7, Section competitive market in which market the specific rebates provided under 114(f)(1)(A) and will only apply to the participants, which include both DLPs Equity 7, Section 114(f)(5) by better MPID where a member is a DLP. and ETP issuers, can readily transfer aligning the behavior required to qualify The Exchange proposes to amend the their listings or opt not to participate, for rebates with the nature of the rebates Incremental Tape C ETP Rebate for Tier respectively, if they deem fee levels, provided is reasonable because the 1 (applicable to members with a liquidity incentive programs, or any Exchange must from time to time assess minimum monthly average of 10 other factor at a particular venue to be the effectiveness of the incentives it assigned ETPs as a DLP) to decrease insufficient or excessive. The proposed provides to market participants in from $0.0003 per executed share to rule change reflects a competitive return for the beneficial behavior $0.0002 per executed share. The pricing structure designed to incentivize required to receive the incentive. In this Exchange proposes to amend the issuers to list new products and transfer case, the Exchange is amending the Incremental Tape C ETP Rebate for Tier existing products to the Exchange and program so that a Primary DLP will 2 (applicable to members with a market participants to enroll and need to meet all four of the Standard minimum monthly average of 25 participate as DLPs on the Exchange, MQMs in the assigned ETP as measured assigned ETPs as a DLP) to decrease which the Exchange believes will by Nasdaq to qualify for the Standard from $0.0004 per executed share to enhance market quality in qualified Rebate and all four of the Enhanced $0.0003 per executed share. The ETPs listed on the Exchange. MQMs in the assigned ETP as measured Exchange proposes to amend the by Nasdaq to qualify for the Enhanced Incremental Tape C ETP Rebate for Tier Add Exchange Traded Fund Shares, Rebate. These MQMs are measured on 3 (applicable to members with a Proxy Portfolio Shares and Managed average in the assigned ETP during minimum monthly average of 50 Portfolio Shares To List That May Be regular market hours: (1) Time at the assigned ETPs as a DLP) to decrease Designated as a Qualified Security NBBO will be 20% for the Standard from $0.0005 per executed share to Rebate and 50% for the Enhanced $0.0004 per executed share. Finally, the The Exchange believes that the change to expand the list of securities Rebate; (2) time within 5 basis points of Exchange proposes to add a Tier 4 that NBBO will be 50% for the Standard will have an Incremental Tape C ETP that may be designated as a ‘‘Qualified Security’’ to include Exchange Traded Rebate and 75% for the Enhanced Rebate of $0.0005 per executed share Rebate; (3) notional depth will be applicable to members with a minimum Fund Shares under Nasdaq Rule 5704, Proxy Portfolio Shares under Nasdaq $100,000 (within 150 basis points of monthly average of 100 assigned ETPs NBBO) for the Standard Rebate and as a DLP. In addition, the Exchange will Rule 5750 and Managed Portfolio Shares under Nasdaq Rule 5760, as long as they $100,000 (within 50 basis points of eliminate the existing language at the NBBO) for the Enhanced Rebate; and (4) 9 have at least one DLP, is reasonable and end of the rule. The Exchange is average spread will be less than 125 would be consistent with the public updating the Tape C ETP rebate to better basis points for the Standard Rebate and interest and the protection of investors reflect the growing number of ETP less than 25 basis points for the because investors will not be harmed listings on Nasdaq. The Exchange is Enhanced Rebate. and in fact would benefit from increased proposing to eliminate the existing The Exchange believes that the clarity and transparency of the Pricing language at the end of Equity 7, Section proposed eligibility criteria are an Schedule. The inclusion of Exchange 114(f)(5)(B) that follows the Additional equitable allocation and are not unfairly Traded Fund Shares is not a substantive Tape C ETP Incentives schedule because discriminatory because the Exchange change, but being added as a the Exchange believes it was not an will apply the same criteria to all DLPs. clarification because the securities listed effective part of the DLP Program, and The Exchange also believes that the that the amended rebates will be more under Nasdaq Rule 5704 are already proposed eligibility criteria are an impactful to ETF issuers and market covered by Nasdaq Rules 5705 and 5735 equitable allocation and are not unfairly makers. and this simply clarifies that such a discriminatory among Exchange security may be designated as a 2. Statutory Basis members because any member may ‘‘Qualified Security.’’ The addition of become a market maker and take the The Exchange believes that its Proxy Portfolio Shares and Managed steps necessary to also become a DLP, proposals are consistent with Section Portfolio Shares to the list of securities 10 including meeting the proposed 6(b) of the Act, in general, and further that may be designated as a ‘‘Qualified minimum criteria under Equity 7, the objectives of Sections 6(b)(4) and Security’’ is reasonable because low Section 114(f)(4).12 The DLP Program is ADV semi-transparent ETPs also need limited to Exchange market makers 9 The rule language currently says ‘‘If a current support from a market quality because of their unique role in the DLP has less than 10 DLP assignments, but perspective just like traditional ETPs. increases the number of ETPs for which it is a DLP markets, including their obligation to by 100%, the DLP will receive an incremental Since these products are new and provide liquidity in the securities in additional Tape C ETP rebate of $0.0001. A DLP incubating, the Exchange believes the which they are registered. Thus, the receiving its first assignment will count as a 100% DLP changes will be beneficial to these DLP Program is a further extension of increase. This incremental rebate is only available ETFs as well. for the first 100% increase and thus is not available for subsequent increases of 100%.’’ 12 The Exchange will select DLPs based on the 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(5). factors in Equity 7, Section 114(f)(2).

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the market maker’s role in providing for DLPs, as well as increase market the Exchange can better support the liquidity in specific securities, to the quality performance in Nasdaq-listed market makers’ business model. The benefit of all market participants. ETPs. Exchange believes that the DLP The Exchange also believes these Program, as amended, will better align Amend Rebate Tiers To Include changes are an equitable allocation and incentives with a more scalable and Standard and New Enhanced Rebates are not unfairly discriminatory because reliable model for DLPs and increase and Update Schedule From Three to the Exchange is proposing these changes market quality performance in Nasdaq- Five Tiers, and Address Secondary to the DLP Program to modernize it so listed ETPs. Additionally, retaining a DLPs that it becomes a program that is more per executed share rebate model for market quality focused rather than The Exchange believes that its ETPs with an ADV greater than 250,001 transaction-based (i.e., the Exchange proposal to amend the DLP Program’s may provide greater incentives for DLPs will pay fixed amount rebates that fall rebate tiers to include Standard and new while still holding DLPs to more within Tiers 3–5). The new MQMs are Enhanced Rebates and updating the stringent MQMs. intended to encourage DLPs to uphold Pricing Schedule from three to five tiers, The Exchange also believes that its better quality markets in Nasdaq-listed and to clarify that the rebates will only proposal that if there is more than one ETPs and also ensure a scalable apply to MPIDs where a member is a DLP to an assigned ETP, then the business model to support new and Primary DLP, and that Tier 3–5 rebates Secondary DLP receives $150 per month incubating ETPs that often trade less on will be in addition to any other rebates or an additional $0.0003 per executed a daily basis. the Primary DLP qualifies for under share, depending upon the tier, will be The Exchange believes that its Equity 7, Sections 114 and 118, is in addition to any other rebate the proposal to amend Equity 7, Section reasonable because it will encourage Secondary DLP is eligible for under 114(f)(4) to address Secondary DLPs is DLPs to uphold better quality markets in Equity 7, Sections 114 and 118 is an reasonable because it allows that if there Nasdaq-listed ETPs through being more equitable allocation of rebates and is not are two DLP assignments for a Nasdaq- market quality focused rather than unfairly discriminatory because listed ETP (the Secondary DLP will be transaction-based. Currently, the allowing two DLPs (the Secondary DLP determined by using the factors in Exchange’s DLP Program incentivizes will be determined by using the factors Section 114(f)(2)) and that the DLPs with a transaction-style rebate in Section 114(f)(2)) will work to further Secondary DLP will qualify for rebates with one market quality requirement support the market quality in lower in ETPs if it meets two of the four (time at inside at least 20%). Although ADV ETPs and increase resiliency in Enhanced MQMs as noted above. The this does benefit some ETPs, it may not market quality performance. Exchange believes that this proposal is be satisfactory for lower volume ETPs, The Exchange believes that its an equitable allocation and is not which are often new and incubating proposals are not unfairly unfairly discriminatory because products that need a different support discriminatory. As an initial matter, the allowing two DLPs will work to further model from the Exchange. Exchange believes that nothing about its support the market quality in lower The Exchange believes that amending tiered pricing model is inherently ADV ETPs and increase resiliency in the DLP Program as proposed is an unfair; instead, it is a rational pricing market quality performance. equitable allocation of rebates and is not model that is well-established and Additionally, the Exchange believes that unfairly discriminatory because it will ubiquitous in today’s economy among by incentivizing more than one market allocate its rebates fairly among its firms in various industries—from co- maker to meet the increased MQMs, market participants (i.e., the Exchange branded rebate cards [sic] to grocery lower ADV ETPs now have more market will pay higher rebates to DLPs that stores to cellular telephone data plans— makers who are incentivized to provide meet higher MQMs and will pay DLPs that use it to reward the loyalty of their quote quality and layering of notional higher fixed rebates for the ETPs with best customers that provide high levels depth, which can be a benefit if the lower ADVs). It will better position of business activity and incent other Primary DLP has an unforeseen quoting these lower volume ETPs for success customers to increase the extent of their or technology issue. Also, by adding the and will benefit issuers and market business activity. It is also a pricing MQMs, the Primary and Secondary DLP makers by offering a fixed rebate for model that the Exchange and its are incentivized to not only provide meeting more market quality competitors have long employed with quotes at the NBBO but also other requirements in lower volume ETPs. the assent of the Commission. It is fair important quote quality metrics around Specifically, the Exchange proposes to because it incentivizes customer activity the NBBO. change the current schedule under that increases liquidity, enhances price The Exchange believes that its Equity 7, Section 114(f)(5) from three discovery, and improves the overall proposals to add additional MQMs and tiers to five tiers.13 The proposed five quality of the equity markets. rebates are not unfairly discriminatory tiers are based on monthly ADV and The Exchange also believes that its because these rebates are available to all includes both a Standard Rebate and an amended Pricing Schedule is not qualifying members and reward Enhanced Rebate. The Exchange unfairly discriminatory because if meaningful quote quality and liquidity believes this proposal is an equitable successful, it stands to improve the in ETPs. Moreover, these proposals allocation of rebates and is not unfairly quality of the Nasdaq market, to the stand to improve the overall market discriminatory because by allowing for benefit of all market participants. The quality of the Exchange, to the benefit a fixed payment in lower ADV products, Exchange has limited resources with of all market participants, by allowing a it provides for a more reliable business which to apply to incentives, and it hybrid-style rebate program (transaction model for DLPs while adding on quote must allocate those limited resources in and fixed rebate), the Exchange can and market quality requirements and a manner that prioritizes areas of better support the market makers’ reflects an equitable allocation of greatest need and potential effect. business model. The Exchange believes rebates. Additionally, by allowing a that the amended DLP Program and hybrid style rebate program Change Existing Additional Tape C ETP market quality requirements will serve (transaction-based and a fixed rebate), Incentives and Add New Tier to better align the Exchange incentives The Exchange believes that its with a more scalable and reliable model 13 See supra note 8. proposal to amend the existing

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Additional Tape C ETP Incentives in prioritizes areas of greatest need and participation, but will still qualify for Equity 7, Section 114(f)(5)(B) and add a potential effect. their regular base rebate. new tier is reasonable because it allows B. Self-Regulatory Organization’s The Exchange does not believe that an eligible member for each displayed Statement on Burden on Competition the proposed changes place an share that adds liquidity in a Tape C unnecessary burden on competition ETP that meets the criteria of Equity 7, The Exchange does not believe that and, in sum, if the changes proposed Section 114(f)(1)(A) to receive a rebate the proposed rule change will impose herein are unattractive to market and limits it those MPIDs where a any burden on competition not makers, it is likely that the Exchange member is a DLP. ETP listings is a necessary or appropriate in furtherance will lose participation in the DLP highly competitive market in which ETP of the purposes of the Act. The program as a result. As noted above, the issuers and DLPs can opt to not Exchange notes that it operates in a Exchange is continuing to limit participate or transfer listings. The highly competitive market in which eligibility for the program to Exchange additional tier reflects the growing market participants can readily favor market makers. The Exchange believes number of ETPs listed on Nasdaq. competing venues if they deem rebates that Exchange market makers are best In addition, the Exchange believes it or fee levels at a particular venue to be positioned to provide market is reasonable to eliminate the existing excessive, or rebate opportunities improvement in DLP Program ETPs in language at the end of the rule because available at other venues to be more light of their unique function in the the Exchange believes it was not an favorable. In such an environment, the markets. Moreover, any Exchange effective part of the DLP Program, and Exchange must continually adjust its member may elect to take the steps that the amended rebates will be more rebates and fees to remain competitive necessary to become an Exchange impactful to ETF issuers and market with other exchanges and with market maker and therefore become alternative trading systems that have makers. The Exchange also believes that eligible for the program if they choose. been exempted from compliance with making a technical change in the second The Exchange will continue to select the statutory standards applicable to sentence of Equity 7, Section DLPs based on the factors in Equity 7, exchanges. Because competitors are free 114(f)(5)(B) to change ‘‘Rebate’’ to Section 114(f)(2). Thus, the Exchange to modify their own rebates and fees in ‘‘rebate’’ is reasonable since it is merely does not believe that the proposal response, and because market a clarification that improves the represents a burden on competition participants may readily adjust their sentence. among Exchange members, or that the order routing practices, the Exchange proposal will impair the ability of The Exchange believes that amending believes that the degree to which rebate members or competing order execution the DLP Program as proposed is an and fee changes in this market may equitable allocation of rebates and is not impose any burden on competition is venues to maintain their competitive unfairly discriminatory because it will extremely limited. standing in the financial markets. allocate its rebates fairly among its In this instance, the Exchange is C. Self-Regulatory Organization’s market participants (i.e., the Exchange proposing to modify the incentives Statement on Comments on the will pay higher rebates for DLPs with provided to market makers for Proposed Rule Change Received From more ETPs assigned). Additionally, it participation in the DLP program in an Members, Participants, or Others will better position these lower volume effort to improve the program by ETPs for success and will benefit issuers providing more targeted incentives to No written comments were either and market makers. improve and increase market quality in solicited or received. The Exchange also believes that ETPs that are in need of such III. Date of Effectiveness of the amending the DLP Program as proposed improvement the most. The Exchange Proposed Rule Change and Timing for is an equitable allocation of rebates and uses incentives, such as the rebates of Commission Action is not unfairly discriminatory because it the DLP program, to incentivize market is intended to encourage DLPs to participants to improve the market. The The foregoing rule change has become promote better market quality and Exchange must, from time to time, effective pursuant to Section liquidity in qualified Nasdaq-listed assess the effectiveness of incentives 19(b)(3)(A)(ii) of the Act.14 ETPs. By providing increased rebates and adjust them when they are not as At any time within 60 days of the based on better market quality and their effective as the Exchange believes they filing of the proposed rule change, the DLP footprint, the Exchange believes could be. Moreover, the Exchange is Commission summarily may that it will encourage DLPs to register, ultimately limited in the amount of temporarily suspend such rule change if quote and trade in more ETPs on rebates it may offer. The proposed new it appears to the Commission that such Nasdaq. Additionally, the Exchange criteria and incentives are reflective of action is: (i) Necessary or appropriate in believes the updated rebates will such an analysis. the public interest; (ii) for the protection incentivize DLPs to register to support The Exchange notes that participation of investors; or (iii) otherwise in additional ETPs, especially lower ADV in the DLP program is entirely voluntary furtherance of the purposes of the Act. products. and, to the extent that registered market If the Commission takes such action, the The Exchange also believes that its makers determine that the rebates are Commission shall institute proceedings proposal to amend the existing not in line with the level of market- to determine whether the proposed rule Additional Tape C ETP Incentives in improving behavior the Exchange should be approved or disapproved. Equity 7, Section 114(f)(5)(B) and add a requires, a DLP may elect to deregister IV. Solicitation of Comments new tier is not unfairly discriminatory as such with no penalty. The Exchange because if successful, it stands to notes that it is amending the MQMs Interested persons are invited to improve the quality of the Nasdaq required for a DLP to receive an submit written data, views, and market, to the benefit of all market increased rebate under the program, and arguments concerning the foregoing, participants. The Exchange has limited thus there is a risk that a DLP may not including whether the proposed rule resources with which to apply to qualify for any of the increased change is consistent with the Act. incentives, and it must allocate those incentives under the amended program limited resources in a manner that if it provides the same level market 14 15 U.S.C. 78s(b)(3)(A)(ii).

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Comments may be submitted by any of SECURITIES AND EXCHANGE 2021, FINRA responded to a sixth the following methods: COMMISSION comment letter received in response to the Notice.6 On February 4, 2021, the Electronic Comments [Release No. 34–92133; File No. SR–FINRA– 2020–038] Commission filed an Order Instituting • Use the Commission’s internet Proceedings to determine whether to comment form (http://www.sec.gov/ Self-Regulatory Organizations; approve or disapprove the proposed rules/sro.shtml); or Financial Industry Regulatory rule change, as modified by Amendment No. 1.7 The Commission received no • Send an email to rule-comments@ Authority, Inc.; Order Approving comments in response to the OIP. On sec.gov. Please include File Number SR– Proposed Rule Change, as Modified by April 12, 2021, FINRA responded to a NASDAQ–2021–046 on the subject line. Amendment No. 1, to FINRA Rules 5122 (Private Placements of Securities seventh comment letter received in Paper Comments Issued by Members) and 5123 (Private response to the Notice.8 On May 4, Placements of Securities) That Would 2021, FINRA consented to an extension • Send paper comments in triplicate Require Members To File Retail of the time period in which the to Secretary, Securities and Exchange Communications Concerning Private Commission must approve or Commission, 100 F Street NE, Placement Offerings That Are Subject disapprove the proposed rule change to Washington, DC 20549–1090. to Those Rules’ Filing Requirements May 26, 2021.9 On May 25, 2021, FINRA consented to an extension of the All submissions should refer to File June 9, 2021. Number SR–NASDAQ–2021–046. This time period in which the Commission file number should be included on the I. Introduction must approve or disapprove the 10 subject line if email is used. To help the On October 28, 2020, the Financial proposed rule change to June 9, 2021. Commission process and review your Industry Regulatory Authority, Inc. This order approves the proposed rule comments more efficiently, please use (‘‘FINRA’’) filed with the Securities and change, as modified by Amendment No. only one method. The Commission will Exchange Commission (‘‘Commission’’), 1. post all comments on the Commission’s pursuant to Section 19(b)(1) of the II. Description of the Proposed Rule internet website (http://www.sec.gov/ Securities Exchange Act of 1934 Change rules/sro.shtml). Copies of the (‘‘Exchange Act’’) 1 and Rule 19b–4 submission, all subsequent thereunder,2 a proposed rule change to For certain private placements of amendments, all written statements amend FINRA Rules 5122 (Private unregistered securities issued by a with respect to the proposed rule Placements of Securities Issued by FINRA member or a control entity 11 change that are filed with the Members) and 5123 (Private Placements (‘‘member private placements’’), FINRA Commission, and all written of Securities) that would require Rule 5122 requires the member or communications relating to the members to file certain retail control entity to provide prospective proposed rule change between the communications concerning private Commission and any person, other than placements. 8233135-227749.pdf. Amendment No. 1 is available those that may be withheld from the The proposed rule change was at https://www.finra.org/sites/default/files/2021-01/ public in accordance with the published for comment in the Federal SR-FINRA-2020-038-Amendment1.pdf. 6 provisions of 5 U.S.C. 552, will be 3 See letter from Joseph P. Savage, Vice President Register on November 6, 2020. On and Counsel, Office of General Counsel, FINRA, to available for website viewing and December 11, 2020, FINRA consented to Vanessa Countryman, Secretary, Commission, dated printing in the Commission’s Public an extension of the time period in January 29, 2021 (‘‘FINRA January 29 Letter’’). The Reference Room, 100 F Street NE, which the Commission must approve FINRA January 29 Letter is available at the Washington, DC 20549, on official Commission’s website at https://www.sec.gov/ the proposed rule change, disapprove comments/sr-finra-2020-038/srfinra2020038- business days between the hours of the proposed rule change, or institute 8311262-228459.pdf. 10:00 a.m. and 3:00 p.m. Copies of the proceedings to determine whether to 7 See Exchange Act Release No. 91066 (Feb. 4, filing also will be available for approve or disapprove the proposed 2021), 86 FR 8970 (Feb. 10, 2021) (File No. SR– inspection and copying at the principal rule change to February 4, 2021.4 On FINRA–2020–038) (‘‘OIP’’). office of the Exchange. All comments 8 See letter from Joseph P. Savage, Vice President January 12, 2021, FINRA responded to and Counsel, Office of General Counsel, FINRA, to received will be posted without change. five comment letters received in Vanessa Countryman, Secretary, Commission, dated Persons submitting comments are response to the Notice and filed an April 12, 2021 (‘‘FINRA April 12 Letter’’). The cautioned that we do not redact or edit amendment to the proposed rule change FINRA April 12 Letter is available at the personal identifying information from 5 Commission’s website at https://www.sec.gov/ (‘‘Amendment No. 1’’). On January 29, comments/sr-finra-2020-038/srfinra2020038- comment submissions. You should 8662482-235305.pdf. submit only information that you wish 1 15 U.S.C. 78s(b)(1). 9 See letter from Joseph Savage, Vice President, to make available publicly. All 2 17 CFR 240.19b–4. Office of General Counsel Regulatory Policy, submissions should refer to File 3 See Exchange Act Release No. 90302 (Nov. 2, FINRA, to Daniel Fisher, Branch Chief, Division of Number SR–NASDAQ–2021–046 and 2020), 85 FR 71120 (Nov. 6, 2020) (File No. SR– Trading and Markets, Commission, dated May 4, FINRA–2020–038) (‘‘Notice’’). 2021. This letter is available at https:// should be submitted on or before July 6, 4 See letter from Joseph Savage, Vice President, www.finra.org/sites/default/files/2021-05/SR- 2021. Office of General Counsel Regulatory Policy, FINRA-2020-038-Extension2.pdf. 10 For the Commission, by the Division of FINRA, to Daniel Fisher, Branch Chief, Division of See letter from Joseph Savage, Vice President, Trading and Markets, Commission, dated December Office of General Counsel Regulatory Policy, Trading and Markets, pursuant to delegated 11, 2020. This letter is available at https:// FINRA, to Daniel Fisher, Branch Chief, Division of authority.15 www.finra.org/sites/default/files/2021-01/SR- Trading and Markets, Commission, dated May 25, J. Matthew DeLesDernier, FINRA-2020-038-Extension1.pdf. 2021. This letter is available at https:// 5 See letter from Joseph P. Savage, Vice President www.finra.org/sites/default/files/2021-05/SR- Assistant Secretary. and Counsel, Office of General Counsel, FINRA, to FINRA-2020-038-Extension3.pdf. [FR Doc. 2021–12475 Filed 6–14–21; 8:45 am] Vanessa Countryman, Secretary, Commission, dated 11 A ‘‘control entity’’ means any entity that BILLING CODE 8011–01–P January 12, 2021 (‘‘FINRA January 12 Letter’’). The controls or is under common control with a FINRA January 12 Letter is available at the member, or that is controlled by a member or its Commission’s website at https://www.sec.gov/ associated persons. See FINRA Rule 5122(a)(2)–(3); 15 17 CFR 200.30–3(a)(12). comments/sr-finra-2020-038/srfinra2020038- see also Notice at note 3.

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investors 12 with a private placement comply with the general, fair and Further, FINRA stated that since January memorandum (‘‘PPM’’), term sheet or balanced standards in FINRA Rule 1, 2014, it has initiated 49 disciplinary other offering document that discloses 2210.18 Despite these existing actions related to non-compliant retail the intended use of the offering obligations, FINRA has found a communications concerning private proceeds, the offering expenses, and the comparatively high rate of non- placements. This number represents amount of selling compensation that compliance with Rule 2210 of retail 21% of all actions involving private will be paid to the member and its communications concerning private placements. According to FINRA, these associated persons. Among other things, placements.19 Currently, some broker- communications often present false or the current rule also requires a member dealers submit retail communications as misleading information regarding the to file the PPM, term sheet or other part of their Rules 5122 and 5123 filings underlying offering, which could result offering document with FINRA’s either voluntarily or as new members.20 in significant losses to investors and Corporate Financing Department at or In a 2018 spot check of these filings, could undermine public trust in the prior to the first time the document is FINRA found that 76% of retail private placement markets.22 provided to any prospective investor, communications filed during the spot To address this area of regulatory and to file any amendments to such check review period involved concern, FINRA proposed amendments documents within 10 days of being significant violations of Rule 2210.21 to Rules 5122 and 5123 that would provided to any investor or prospective require members or control persons to investor.13 Similarly, for certain private Notice 20–21 (Jul. 2020) (stating that a member firm file retail communications that placements of unregistered securities 14 that assists in the preparation of a PPM or other ‘‘promote or recommend’’ a private offering document should expect that it will be issued by a non-member, FINRA Rule considered a communication with the public by placement with FINRA’s Corporate 5123 requires members or control that member firm for purposes of Rule 2210); see Financing Department, in addition to persons to file with FINRA’s Corporate also FINRA January 12 Letter. FINRA Rule 2210 the currently required PPMs, term Financing Department any PPM, term generally does not require members to file private sheets, and other offering documents.23 15 placement communications. More specifically, sheet or other offering document, there are no filing requirements for communications The rules’ requirements that material including any material amended distributed or made available only to institutional amendments to offering documents versions thereof, used in connection investors, as defined in Rule 2210(a)(4), or must be filed also would apply to any with an offering within 15 calendar days communications that are distributed or made available to 25 or fewer retail customers within a material amendments to retail of the date of first sale. 30-day period. Moreover, there is no product- communications concerning private Separately, FINRA also requires specific filing requirement for retail placements.24 The proposed rule change broker-dealers to file with FINRA’s communications concerning private placements in would provide FINRA with a more Advertising Regulation Department FINRA Rule 2210(c)(1) through (4)), as those requirements apply only to retail communications timely opportunity to review retail certain written communications that concerning specified registered securities, such as communications concerning private they distribute or make available to mutual funds or variable products. Under FINRA placements for compliance with its retail customers to review those written Rule 2210(c)(1)(A), during the first year after a rules. Other than those documents filed communications for compliance with member’s registration is declared effective, the member must file at least 10 business days prior to pursuant to Rule 2210, FINRA’s review the content requirements of FINRA Rule use any widely disseminated retail communication of such documents is currently limited 2210 (Communications with the (e.g., newspaper, television, or radio advertisements to its cycle and spot exams of its 16 Public). For example, retail and publicly available websites). However, FINRA members.25 communications 17 are required to Rule 2210(c)(7) excludes specified retail communications from the filing requirements, The proposed rule change would not, including retail communications that were however, broaden the application of the 12 Because of the types of private placements previously filed with FINRA’s Advertising rules to capture those offerings that are exempt from the application of Rule 5122, FINRA Regulation Department and used without material currently exempt from filing.26 The believes that the rule applies predominately to change ((c)(7)(A)); that do not make any financial private placements sold to retail investors. See or investment recommendation or otherwise proposed rule change also would not Notice at 71121. promote a product or service of the member impose new filing fees on broker- 13 See Notice at 71120. ((c)(7)(C)); or that are ‘‘offering documents’’ similar dealers.27 14 See Notice at note 8 (listing those types of to prospectuses (such as PPMs) concerning In addition, the proposed rule change member private placements exempt from the filing securities that are exempt from registration obligations of Rule 5122, including, among others, ((c)(7)(F)). would neither amend Rule 2210 nor, as offerings sold solely to institutional accounts, 18 All member communications must be based on FINRA states, alter FINRA’s qualified purchasers, qualified institutional buyers, principles of fair dealing and good faith, must be interpretation of the application of that investment companies, and banks). fair and balanced, and must provide a sound basis rule’s requirements.28 Thus, if written 15 Rules 5122 and 5123 do not enumerate the for evaluating the facts in regard to any particular communications qualify as retail types of information that might be considered security or type of security, industry, or service. See ‘‘other offering documents.’’ However, FINRA has FINRA Rule 2210(d)(1)(A). communications pursuant to FINRA stated previously that an example of ‘‘other offering 19 See Notice at 71122. Rule 2210, those retail communications document’’ is ‘‘[a]ny other type of document that 20 See Notice at 71223 (stating that members sets forth the terms of the offering.’’ See submit retail communications as part of their Rule disclose the general risks associated with private ‘‘Frequently Asked Questions (FAQ) About Private 5122 and 5123 private placement filings while some placement investments; or contained readily Placements,’’ Question #10, available on others submit them through FINRA’s Advertising apparent false or misleading statements or claims). www.finra.org. The ‘‘terms of an offering’’ include Regulation Department’s filings review program 22 See id. facts such as the amount of proceeds that the issuer under Rule 2210 either voluntarily or as new 23 Amendment 1 to the proposed rule change intends to raise, the type of security, descriptions members) and at note 12 (citing FINRA Rule clarified that members or control persons would be or illustrations of the intended use of proceeds, and 2210(c)(1)(A) requiring new members to file all required to file any retail communication that explanations of tax benefits or other information widely-distributed retail communications (such as ‘‘promotes or recommends’’ a private placement, that would be relevant to an investor when deciding publicly available websites) that promote products rather than any retail communication that whether to make an investment. See Notice at or services of the firm during the first year after the ‘‘concerns’’ a private placement, as originally 71121. member’s broker-dealer membership with FINRA’s proposed. 16 See FINRA Rule 2210(c) (Filing Requirements Advertising Regulation Department is declared 24 and Review Procedures). effective). See Notice at 71122. 25 17 FINRA Rule 2210(a)(5) defines a ‘‘retail 21 See Notice at 71122 (stating that the violations See id. communication’’ as any written (including included retail communications that: contained 26 See e.g., supra note 14. electronic) communication that is distributed or prohibited projections or unreasonable forecasts; 27 See Notice at 71122 and note 21. made available to more than 25 retail investors failed to provide a sound basis to evaluate the facts 28 See FINRA January 12 Letter, FINRA January within any 30 calendar-day period. See Regulatory with respect to the offering; failed to adequately 29 Letter, and FINRA April 12 Letter.

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would be subject to the proposed rule supportive commenter stated that, literature concerning a private changes. because the number of persons who can placement that a member distributes invest in private placements has will be deemed to constitute a III. Discussion and Commission increased substantially over the last communication by that member with Findings several decades, ‘‘FINRA must keep an the public, whether or not the member A. Discussion eye [on] private placement sales assisted in its preparation.40 Therefore, 34 After careful review of the proposed abuses.’’ One of the other supportive regardless of whether a member rule change, as modified by Amendment commenters stated that FINRA and distributes a retail communication that No. 1, the comment letters, and FINRA’s Commission rules already require is attached to a PPM or as a standalone members to keep detailed records on document, it constitutes a member responses to the comments, the 41 Commission finds that the proposed marketing materials, which are communication subject to Rule 2210. routinely requested during cycle FINRA’s proposed rule change does rule change, as modified by Amendment examinations, and that the proposed not amend the definition of ‘‘retail No. 1, is consistent with the rule changes could facilitate this review communications’’ or change the scope requirements of the Exchange Act and process.35 The fourth supportive of communications captured within the the rules and regulations thereunder commenter stated that the proposed rule definition of the term. Thus, the that are applicable to a national changes are justified because they Commission believes that securities association.29 Specifically, the would help FINRA ‘‘better ensure that interpretations of the definition of Commission finds that the proposed retail communications used by broker- ‘‘retail communications’’ are outside the rule change, as modified by Amendment dealers in retail private placements are scope of the proposed rule change. No. 1, is consistent with Section 36 However, FINRA stated that it has 30 fair, balanced and not misleading.’’ 15A(b)(6) of the Exchange Act, which issued guidance on retail requires, among other things, that 1. Requests for Guidance Under FINRA communications concerning private FINRA rules be designed to prevent Rule 2210 (Communications With the placements, stating that, in general, if a fraudulent and manipulative acts and Public) member distributes sales literature practices, to promote just and equitable a. Issuer-Prepared Material concerning a private placement it will principles of trade, and, in general, to be deemed a communication by that protect investors and the public interest. A supportive commenter requested that the Commission use this member with the public subject to Rule Four commenters supported the 2210.42 In addition, Rule 2210 prohibits proposed rule change.31 Two of these opportunity to provide ‘‘definitive guidance’’ to members with respect to members from publishing, circulating, commenters stated that the proposed or distributing ‘‘any communication that rule change would establish necessary the applicability of Rule 2210 to materials prepared and disseminated by the member knows or has reason to investor protections in light of know contains any untrue statement of regulatory changes that have expanded an issuer to the public, without the involvement of a member firm or its a material fact or is otherwise false or the marketplace for private misleading’’ regardless of its origin.43 placements.32 Specifically, one stated registered representatives.37 In that its state securities administrator response, FINRA stated that it has b. Performance Projections members have observed significant, already addressed the applicability of Three commenters sought guidance recurring problems with private Rule 2210 to issuer-prepared regarding the application of FINRA Rule 38 placements and that, ‘‘[w]ith the SEC’s communications. In particular, FINRA 2210 to performance projections.44 A recent regulatory changes to the private has previously stated that ‘‘[a member] supportive commenter requested that [placement] marketplace, . . . the need that assists in the preparation of a the Commission provide interpretive for increased regulatory scrutiny of private placement memorandum or guidance under Exchange Act Rule 10b– private placement advertisements is other offering document should expect 5 45 concerning the inclusion of even more acute.’’ 33 One other that it will be considered a communication with the public by that 40 See id.; see also Regulatory Notice 12–29 (Jun. 29 In approving this rule change, the Commission [member] for purposes of . . . Rule 2012) (stating that effective February 4, 2013, has considered the rule’s impact on efficiency, 2210, FINRA’s advertising rule.’’ 39 communications previously defined as ‘‘sales competition, and capital formation. See 15 U.S.C. Similarly, FINRA has stated that sales literature’’ under NASD Rule 2210 78c(f). (Communications with the Public) fell within the 30 15 U.S.C. 78o–3(b)(6). definition of ‘‘retail communication’’ in FINRA rigorous disclosure and procedural requirements, 31 See letter from David P. Meyer, President, Rule 2210). and related investor protections, provided by 41 Public Investors Advocate Bar Association, to See FINRA January 12 Letter. registration under the Securities Act of 1933); and Vanessa Countryman, Secretary, Commission, dated 42 See supra note 38–41 and accompanying text. Securities Act Release No. 10884 (Nov. 2. 2020) November 27, 2020 (‘‘PIABA Letter’’); letter from 43 FINRA Rule 2210(d)(1)(B); see also FINRA (File No. S7–05–20) (improving certain aspects of Lisa Hopkins President, General Counsel and January 12 Letter. the exempt offering framework to promote capital Senior Deputy, North American Securities 44 formation while preserving or enhancing important See NCPSC Letter; letter from Anthony Administrators Association, Inc., to J. Matthew investor protections)). Chereso, President and CEO, Institute for Portfolio DeLesDernier, Assistant Secretary, Commission, Alternatives, to Vanessa Countryman, Division of 34 PIABA Letter (noting a rise in the percentage dated November 24, 2020 (‘‘NASAA Letter’’); letter Investment Management [sic], Commission, dated of American households qualified as ‘‘accredited from James P. Dowd, North Capital Private January 26, 2021 (‘‘IPA Letter’’); and letter from investors’’ since the Commission first established Securities Corp. and Public Brokers, LLC, to Mick Law P.C., L.L.O. to Vanessa Countryman, the qualification standards in 1982). Secretary, Commission, dated November 23, 2020 Division of Investment Management [sic], 35 (‘‘NCPSC Letter’’); and letter from Tom Selman, See NCPSC Letter (referencing FINRA Rule Commission, dated February 2, 2021 (‘‘Mick Founder, Scopus Financial Group, to Vanessa 2210(b)(4)). Letter’’). 36 Countryman, Secretary, Commission, dated Scopus Letter. Communications with the 45 Under Exchange Act Rule 10b–5, it is unlawful November 22, 2020 (‘‘Scopus Letter’’). public are subject to FINRA Rule 2210’s content for any person, directly or indirectly, by the use of 32 See NASAA Letter and PIABA Letter. standards, including its requirements that any means or instrumentality of interstate 33 NASAA Letter (citing Securities Act Release communications be fair and balanced and not commerce, or of the mails or of any facility of any No. 10824 (Aug. 6, 2020) (File No. S7–25–19) misleading. See FINRA January 12 Letter. national securities exchange, to employ any device, (updating the definition of ‘‘accredited investor’’ to 37 See NCPSC Letter. scheme, or artifice to defraud, to make any untrue identify more effectively investors that have 38 FINRA January 12 Letter. statement of a material fact or to omit to state a sufficient knowledge and expertise to participate in 39 Id. (citing Regulatory Notice 20–21 (Jul. 2020) material fact necessary in order to make the investment opportunities that do not have the (quoting Regulatory Notice 10–22 (Apr. 2010))). statements made, in the light of the circumstances

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performance return objectives in private 2210(d)(1)(F).53 FINRA responded that compensation, suggesting that providing placement sales materials.46 the proposed rule change would not investors these key pieces of Specifically, the commenter believes amend or provide guidance on Rule information about an offering is justified that because of Rule 2210’s restrictions 2210. Accordingly, FINRA believes that given the history of problems in the on predicting or projecting the commenter’s recommendation is private placement market. Third, the performance,47 broker-dealers are outside the scope of the proposed rule commenter recommended that FINRA placed at a competitive disadvantage change.54 amend Rule 2210 so that it applies to relative to private placements that do Another commenter described its PPMs, term sheets, and other offering not involve a broker-dealer (to which experience evaluating the features and documents in retail private placements, Rule 2010 would not apply), and that risks of alternative investments arguing that in the absence of a legal the Commission should ‘‘level the marketed through private placements definition of ‘‘private placement playing field.’’ 48 and has found, like FINRA, many memorandum’’ it is difficult to instances in which a sponsor’s offering In response, FINRA stated that, in distinguish a PPM from other retail promotional materials did not comply general, Rule 2210(d)(1)(F) prohibits communications and it may be difficult with FINRA Rule 2210.55 Thus, the member communications from to determine if a member assisted in its commenter asked FINRA to further predicting or projecting performance or preparation. Accordingly, the clarify Regulatory Notice 20–21 to: (1) making any exaggerated or unwarranted commenter recommended that such Explain what types of information claim, opinion or forecast.49 More offering documents be subject to the constitute an issuer’s ‘‘operating specifically, FINRA stated that retail general content standards of Rule metrics’’ 56 and (2) clarify when 2210(d)(1).61 communications concerning private members may present information about In response, FINRA stated that the placements may not project or predict ‘‘distribution rates’’ within retail commenter’s suggestions were beyond returns to investors such as yields, communications.57 income, dividends, capital appreciation In response, FINRA stated that the the scope of the proposed rule change percentages or any other future commenter’s concerns regard the and could not be adopted as part of this 50 62 investment performance. However, application of FINRA Rule 2210 rather filing. The Commission agrees with FINRA also clarified that despite its than the filing requirements in the FINRA that the commenter’s suggestions prohibition on certain types of proposed rule changes to Rules 5122 raise issues that go beyond the subject performance predictions, its rules and 5123 that are the subject of the rule matter of this proposal and therefore are permit retail communications filing.58 FINRA reiterated its guidance beyond the scope of the proposed rule concerning private placements to under Regulatory Notice 20–21 but change. include reasonable forecasts of issuer stated that it is willing to further discuss 3. Non-Promotional Communications operating metrics (e.g., forecasted sales, with its members issues regarding revenues or customer acquisition particular retail communications that One commenter expressed concern numbers) that may convey important are filed with FINRA, both before and with the breadth of the communications information regarding the issuer’s plans after a communication is filed.59 that would be required to be filed.63 The and financial position. FINRA stated Given that the proposed rule change commenter believes that requiring a that these presentations should provide does not change the interpretation of member to file all ‘‘retail a sound basis for evaluating the facts, retail communications, the Commission communications concerning a private such as clear explanations of the key believes that interpretations of the placement’’ could result in members assumptions underlying the forecasted definition of ‘‘retail communications’’ being required to file communications issuer operating metrics and the key are outside the scope of the proposed that are administrative in nature, such risks that may impede achievement of rule change. However, FINRA stated as confirmations that a signature was the forecasted metrics.51 that it has existing guidance regarding received or reminders of actions that 64 One commenter recommended that the type of performance projections a investors still need to take. Instead, FINRA ‘‘clarify the application of its member can include, and is prohibited the commenter recommended that principles-based advertising rules to from including, in its retail FINRA narrow the scope of the filing retail communications concerning communications. requirement to capture only ‘‘those 52 types of communications on which private placement[s].’’ In particular, 2. Other Suggested Rule Changes the commenter recommended that investors are likely to base an One of the four commenters FINRA provide interpretive guidance on investment decision,’’ such as pitch supporting the proposed rule change 65 the term ‘‘performance projection’’ to decks or slide shows. suggested three additional changes ‘‘to help members comply with FINRA Rule In response, FINRA noted that the protect retail investors in the private 60 examples of administrative placement market.’’ First, the communications that the commenter under which they were made, not misleading, or to commenter recommended that FINRA engage in any act, practice, or course of business identified likely would be directed to a which operates or would operate as a fraud or combine Rules 5122 and 5123 into a single or small group of investors, and deceit upon any person, in connection with the single rule and that the combined new thus would be correspondence (which is purchase or sale of any security. rule should require (as does Rule 5122) 46 not subject to filing) rather than retail See NCPSC Letter. disclosure about the use of offering 47 See FINRA Rule 2210(d)(1)(F) (stating that, in proceeds, offering expenses and selling general, communications may not predict or project 61 See id. performance, imply that past performance will 62 53 See FINRA January 12 Letter. recur or make any exaggerated or unwarranted See id. 63 54 See letter from Atish Davda, Co-Founder and claim, opinion or forecast). See FINRA January 29 Letter. Chief Executive Office, Chris Giampapa, General 55 48 See id. See Mick Letter. Counsel, and Phil Haslett, Co-Founder and Chief 49 See FINRA January 12 Letter. 56 See id. Revenue Officer, EquityZen Inc., to Vanessa A. 50 See id. (citing Regulatory Notice 20–21 (Jul. 57 See id. Countryman, Secretary, Commission, dated 2020)). 58 See FINRA April 12 Letter. December 4, 2020. 51 See id. 59 See id. 64 See id. 52 IPA Letter. 60 Scopus Letter. 65 See id.

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communications.66 Nevertheless, communications, and the increased risk provided guidance on these issues and FINRA recognized that some of these of investor harm associated with those has offered to continue to provide administrative and non-promotional communications,70 FINRA proposed to guidance as necessary. Moreover, the communications may fall within the amend Rules 5122 and 5123 to make Commission believes that these definition of retail communication such submissions mandatory, in comments are beyond the scope of this because they are distributed to more addition to the currently required PPMs, proposed rule change.73 Notably, the than 25 retail investors within a 30-day term sheets, and other offering proposed rule change does not modify period.67 Accordingly, FINRA amended documents.71 The proposed rule change Rule 2210, does not change its the proposed rule change to narrow the would not amend Rule 2210 or change application, nor does it subject any filing requirement to any retail FINRA’s interpretations of the rule. additional communications to 2210’s communication that ‘‘promotes or The Commission believes that the requirements.74 recommends’’ a member private proposed rule change to require In sum, the Commission believes that placement (Rule 5122) or other private members to file retail communications the proposed rule change addresses a placement (Rule 5123), rather than a concerning private placements would retail communication ‘‘concerning’’ help prevent fraudulent and problem identified by FINRA regarding such offerings.68 manipulative acts and practices by the comparatively high rate of non- The Commission believes that the facilitating FINRA’s review of compliance with Rule 2210 of retail proposed rule change in Amendment information about private placements communications concerning private No. 1 to apply the filing requirement being disclosed to retail customers in placements. The Commission believes only to a retail communication that those communications. Requiring that FINRA’s proposed rule change ‘‘promotes or recommends’’ a member members to file retail communications would improve the quality of private placement is designed to protect concerning private placements with information available to retail investors investors and the public interest by FINRA’s Corporate Financing about private placement securities appropriately narrowing the filing Department would allow FINRA to offered by FINRA members and requirement to those communications review the documents more efficiently strengthen FINRA’s ability to monitor that pose the greatest regulatory and timely than it could by relying on these communications for potential concern, and therefore improving the cycle reviews of its members. Through violations of its rules thereby improving timeliness of FINRA’s review of private its reviews of the these retail prospective investors’ confidence in placement communications that might communications, FINRA would be able these communications. FINRA has taken influence investors’ transaction to more efficiently identify retail a number of steps to narrowly tailor this decisions. communications about private proposed rule change in some key placements that may not be fair and respects: The proposed rule change B. Commission Findings balanced as required by FINRA Rule would apply to types of retail Under Rules 5122 and 5123, broker- 2210, thereby reducing the potential risk communications that have been found dealers are required to file with FINRA’s of customer harm from investing on the to have a high rate of noncompliance Corporate Financing Department any basis of misleading communications. with FINRA’s fair and balanced PPM, term sheet, or other offering Moreover, given the high rate of non- standards; broker-dealers would not document used in connection with compliance with this fundamental have to pay a filing fee for their private placements, but these rules do communications standard, FINRA’s submissions; and the proposed filing not currently require retail increased ability to review retail requirement has been narrowed to apply communications governed by Rule 2210 communications concerning private only to retail communications to be filed. Similarly, Rule 2210 placements pursuant to this proposed concerning private placements that generally does not require broker- rule change would likely incentivize ‘‘promote or recommend’’ a private dealers to file with FINRA’s Advertising broker-dealers to distribute those types placement security. Thus, for the Regulation Department the materials of retail communications that are fair reasons stated above, we believe that the they use to communicate with retail and balanced in compliance with Rule proposed rule change, as modified by investors concerning private 2210 and deter them from presenting Amendment No. 1, is consistent with placements. Accordingly, firms information in a manner that may cause the provisions of Section 15A(b)(6) of currently have no regulatory obligation investor harm. The Commission the Exchange Act because it is designed to submit retail communications believes that these changes are to prevent fraudulent and manipulative concerning private placements for particularly important in light of the acts and practices, to promote just and review by FINRA. Currently, some expanded retail investor participation in equitable principles of trade, and, in the market for private placements.72 The broker-dealers submit retail general, to protect investors and the proposed rule change would help communications as part of their Rules public interest. 5122 and 5123 filings either voluntarily encourage the use of fair and balanced 69 communications to investors making or as new members. Given the 73 Another commenter requested that the comparatively high rate of non- investment decisions. Commission require issuers of new Regulation D compliance with Rule 2210 in these Although some commenters requested offerings to disclose, at a minimum, the use of private placement retail clarification of specific aspects of the offering proceeds and the offering expenses application of FINRA Rule 2210, such as associated with the offering, and that they be filed for review. See Scopus Letter. The Commission 66 broker-dealers’ use of performance See FINRA January 12 Letter. believes that interpretations of its own regulatory ‘‘Correspondence’’ is defined as any written projections in their retail terms are beyond the scope of the proposed rule (including electronic) communication that is communications, and in some cases change. distributed or made available to 25 or fewer retail sought guidance on specific factual 74 A commenter also requested that FINRA investors within any 30 calendar-day period. See scenarios, FINRA has previously combine Rules 5122 and 5123 into a single rule Rule 2210(a)(2). requiring (as does Rule 5122) disclosure about the 67 See supra note 17. use of offering proceeds, offering expenses and 68 See FINRA January 12 Letter; see also supra 70 See supra note 19–22 and accompanying text. selling compensation. The Commission finds that note 5. 71 See id. this suggestion is also beyond the scope of the 69 See supra note 20. 72 See supra notes 32–34 and accompanying text. proposed rule change.

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IV. Conclusion II. Self-Regulatory Organization’s ‘‘snapshots’’ taken every 10 minutes Statement of the Purpose of, and throughout the trading day and is It is therefore ordered pursuant to Statutory Basis for, the Proposed Rule available to subscribers within five Section 19(b)(2) of the Exchange Act 75 Change minutes of the conclusion of each 10- that the proposed rule change (SR– In its filing with the Commission, the minute period. For example, subscribers FINRA–2020–038), as modified by Exchange included statements to the intraday product will receive the Amendment No. 1, be, and hereby is, concerning the purpose of and basis for first calculation of intraday data by no approved. the proposed rule change and discussed later than 9:45 a.m. ET, which For the Commission, by the Division of any comments it received on the represents data captured from 9:30 a.m. Trading and Markets, pursuant to delegated proposed rule change. The text of these to 9:40 a.m. Subscribers will receive the authority.76 statements may be examined at the next update by 9:55 a.m., representing places specified in Item IV below. The the data previously provided together with data captured from 9:40 a.m. J. Matthew DeLesDernier, Exchange has prepared summaries, set through 9:50 a.m., and so forth. Each Assistant Secretary. forth in sections A, B, and C below, of the most significant aspects of such update will represent the aggregate data [FR Doc. 2021–12474 Filed 6–14–21; 8:45 am] statements. captured from the current ‘‘snapshot’’ BILLING CODE 8011–01–P and all previous ‘‘snapshots.’’ The A. Self-Regulatory Organization’s intraday Open-Close Data will provide a Statement of the Purpose of, and volume summary of trading activity on SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule the Exchange at the option level by COMMISSION Change origin (Priority Customer, Non-Priority 1. Purpose Customer, Firm, Broker-Dealer, and Market Maker), side of the market (buy [Release No. 34–92138; File No. SR– The Exchange recently adopted a new EMERALD–2021–20] or sell), and transaction type (opening or data product known as the Open-Close closing). All volume will be further Self-Regulatory Organizations; MIAX Report, which will be available for broken down into trade size buckets purchase to Exchange Members 3 Emerald, LLC; Notice of Filing and and (less than 100 contracts, 100–199 non-Members.4 The Exchange now Immediate Effectiveness of a Proposed contracts, greater than 199 contracts). proposes to adopt fees for the Open- Rule Change To Amend Its Fee The Exchange anticipates a wide Close Report. The Open-Close Report is Schedule To Adopt Fees for the Open- variety of market participants to described under Exchange Rule Close Report purchase the Open-Close Report, 531(b)(1). including, but not limited to, individual June 9, 2021. By way of background, the Exchange customers, buy-side investors, and will offer two versions of the Open- investment banks. The Exchange Pursuant to Section 19(b)(1) of the Close Report, an end of day summary believes the Open-Close Report product Securities Exchange Act of 1934 and intra-day report. The end-of-day 1 2 may also provide helpful trading (‘‘Act’’), and Rule 19b–4 thereunder, version is a volume summary of trading information regarding investor notice is hereby given that on May 28, activity on the Exchange at the option sentiment that may allow market 2021, MIAX Emerald, LLC (‘‘MIAX level by origin (Priority Customer, Non- participants to make better trading Emerald’’ or ‘‘Exchange’’), filed with the Priority Customer, Firm, Broker-Dealer, decisions throughout the day and may Securities and Exchange Commission and Market Maker 5), side of the market be used to create and test trading (‘‘Commission’’) a proposed rule change (buy or sell), contract volume, and models and analytical strategies and as described in Items I, II, and III below, transaction type (opening or closing). provides comprehensive insight into which Items have been prepared by the The customer and professional customer trading on the Exchange. For example, Exchange. The Commission is volume is further broken down into intraday open data may allow a market publishing this notice to solicit trade size buckets (less than 100 participant to identify new interest or comments on the proposed rule change contracts, 100–199 contracts, greater possible risks throughout the trading from interested persons. than 199 contracts). The Open-Close day, while intraday closing data may Data is proprietary Exchange trade data allow a market participant to identify I. Self-Regulatory Organization’s and does not include trade data from fading interests in a security. The Statement of the Terms of Substance of any other exchange. It is also a historical product is a completely voluntary the Proposed Rule Change data product and not a real-time data product, in that the Exchange is not feed. The Exchange is filing a proposal to required by any rule or regulation to The intraday Open-Close Report will make this data available and that amend the Exchange’s Fee Schedule provide similar information to that of (‘‘Fee Schedule’’) to adopt fees for a new potential subscribers may purchase it Open-Close Data but will be produced only if they voluntarily choose to do so. data product to be known as the Open- and updated every 10 minutes during The Exchange notes that other Close Report. the trading day. Data is captured in exchanges offer a similar data product.6 The text of the proposed rule change is available on the Exchange’s website at 3 The term ‘‘Member’’ means an individual or 6 See Securities Exchange Act Release Nos. 89497 http://www.miaxoptions.com/rule- organization approved to exercise the trading rights (August 6, 2020), 85 FR 48747 (August 12, 2020) associated with a Trading Permit. Members are filings/emerald, at MIAX’s principal (SR–CboeBZX–2020–059); 89498 (August 6, 2020), deemed ‘‘members’’ under the Exchange Act. See 85 FR 48735 (August 12, 2020) (SR–Cboe–EDGX– office, and at the Commission’s Public Exchange Rule 100. 2020–36); 85817 (May 9, 2019), 84 FR 21863 (May Reference Room. 4 See Securities Exchange Act Release No. 91963 15, 2019) (SR–CBOE–2019–026); 89496 (August 6, (May 21, 2021), 86 FR 28662 (May 27, 2021) (SR– 2020), 85 FR 48743 (August 12, 2020) (SR–C2– EMERALD–2021–18) (Notice of Filing and 2020–010); 89596 [sic] (August 17, 2020), 85 FR 75 15 U.S.C. 78s(b)(2). Immediate Effectiveness of a Proposed Rule Change 51833 (August 21, 2020) (SR–C2–2020–012); 62887 76 17 CFR 200.30–3(a)(12). to Adopt a New Historical Market Data Product To (September 10, 2010), 75 FR 57092 (September 17, 1 15 U.S.C. 78s(b)(1). Be Known as the Open-Close Report). 2010) (SR–Phlx–2010–121); 65587 (October 18, 2 17 CFR 240.19b–4. 5 See Exchange Rule 100. Continued

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The Exchange proposes to provide in furthers the objectives of Section 6(b)(5) the market share and currently the its Fee Schedule that Members and non- of the Act,9 in particular, in that it is Exchange represents only approximately Members may purchase the Open-Close designed to prevent fraudulent and 3.13% of the market share.13 The Report on a monthly basis. The manipulative acts and practices, to Commission has repeatedly expressed Exchange proposes to assess a monthly promote just and equitable principles of its preference for competition over fee of $600 per month for subscribing to trade, to remove impediments to and regulatory intervention in determining the end-of-day summary Open-Close perfect the mechanism of a free and prices, products, and services in the Report and $2,000 per month for open market and a national market securities markets. Particularly, in subscribing to the intra-day Open-Close system, and to protect investors and the Regulation NMS, the Commission Report. The Exchange also proposes to public interest, and that it is not highlighted the importance of market specify that for mid-month designed to permit unfair forces in determining prices and SRO subscriptions, new subscribers will be discrimination among customers, revenues and, also, recognized that charged for the full calendar month for brokers, or dealers. The Exchange also current regulation of the market system which they subscribe and will be believes that its proposal to adopt fees ‘‘has been remarkably successful in provided Open-Close Report data for for the Open-Close Report is consistent promoting market competition in its each trading day of the calendar month with Section 6(b) of the Act 10 in broader forms that are most important to from the day on which they subscribed. general, and furthers the objectives of investors and listed companies.’’ 14 The proposed monthly fees will apply Section 6(b)(4) of the Act 11 in Making similar data products available both to Members or non-Members. The particular, in that it is an equitable to market participants fosters Exchange notes that other exchanges allocation of dues, fees and other competition in the marketplace, and provide similar data products that may charges among its members and other constrains the ability of exchanges to be purchased on a monthly basis and recipients of Exchange data. charge supra-competitive fees. In the are similarly priced.7 In adopting Regulation NMS, the event that a market participant views The Exchange intends to begin to offer Commission granted self-regulatory one exchange’s data product as more or the Open-Close Report and charge the organizations (‘‘SROs’’) and broker- less attractive than the competition they proposed fees on June 1, 2021. dealers increased authority and can and do switch between similar flexibility to offer new and unique 2. Statutory Basis products. The proposed fees are a result market data to the public. It was of the competitive environment, as the The Exchange believes that the believed that this authority would Exchange seeks to adopt fees to attract proposed rule change is consistent with expand the amount of data available to purchasers of the recently introduced Section 6(b) of the Act,8 in general, and consumers, and also spur innovation Open-Close Data product. and competition for the provision of The Exchange believes the proposed 2011), 76 FR 65765 (October 24, 2011) (SR– market data. Particularly, the Open- NASDAQ–2011–144); 61317 (January 8, 2010), 75 fees are reasonable as the proposed fees FR 2915 (January 19, 2010) (SR–ISE–2009–103); Close Report further broadens the are both modest and similar to, or even 62887 (September 10, 2010), 75 FR 57092 availability of U.S. option market data to lower than, the fees assessed by other (September 17, 2010) (SR–Phlx–2010– 121); 65587 investors consistent with the principles exchanges that provide similar data (October 18, 2011), 76 FR 65765 (October 24, 2011) of Regulation NMS. The data product (SR–NASDAQ–2011–144); and 81632 (September products.15 Indeed, proposing fees that 15, 2017), 82 FR 44235 (September 21, 2017) (SR– also promotes increased transparency are excessively higher than established GEMX–2017–42). through the dissemination of the Open- fees for similar data products would 7 See Price List—U.S. Derivatives Data for Nasdaq Close Report. Particularly, information simply serve to reduce demand for the PHLX, LLC (‘‘PHLX’’), The Nasdaq Stock Market, regarding opening and closing activity LLC (‘‘Nasdaq’’), Nasdaq ISE, LLC (‘‘ISE’’), and Exchange’s data product, which as Nasdaq GEMX, LLC (‘‘GEMX’’), available at http:// across different option series during the noted, is entirely optional. Like the www.nasdaqtrader.com/ trading day may indicate investor Exchange’s Open-Close Report, other Trader.aspx?id=DPPriceListOptions#web. sentiment, which may allow market exchanges offer similar data products Particularly, PHLX offers ‘‘Nasdaq PHLX Options participants to make better informed Trade Outline (PHOTO)’’ and assesses $1,500 per that each provide insight into trading on month for an intra-day subscription and $500 per trading decisions throughout the day. those markets and may likewise aid in month for end of day subscription; Nasdaq offers Subscribers to the data may also be able assessing investor sentiment. Although the ‘‘Nasdaq Options Trade Outline (NOTO)’’ and to enhance their ability to analyze each of these similar Open-Close data assesses $750 per month for an intra-day option trade and volume data and create subscription and $500 per month for end of day products provide only proprietary trade subscription; ISE offers the ‘‘Nasdaq ISE Open/ and test trading models and analytical data and not trade data from other Close Trade Profile’’ and assesses $2,000 per month strategies. The Exchange believes the exchanges, it is possible investors are for an intra-day subscription and $750 per month Open-Close Report provides a valuable still able to gauge overall investor for end of day subscription; and GEMX offers the tool that subscribers can use to gain ‘‘Nasdaq GEMX Open/Close Trade Profile’’ and sentiment across different option series assesses $1,000 per month for an intra-day comprehensive insight into the trading based on open and closing interest on subscription and $500 per month for end of day activity in a particular series, but also any one exchange.16 Similarly, market subscription. Cboe EDGX Exchange, Inc. (‘‘EDGX’’) emphasizes such data is not necessary assesses $1,000 per month for an intra-day participants may be able to analyze subscription and $500 per month for end of day for trading. Moreover, other exchanges option trade and volume data, and 12 subscription and Cboe BZX Exchange, Inc. (‘‘BZX’’) offer a similar data product. create and test trading models and assess $1,500 per month for an intra-day The Exchange operates in a highly subscription and $500 per month for end of day competitive environment. Indeed, there 13 subscription. See the EDGX fee schedule available See Cboe Global Markets U.S. Options Market at http://markets.cboe.com/us/options/ are currently 16 registered options Month-to-Date Volume Summary (May 26, 2021), membership/fee_schedule/edgx/ and the BZX fee exchanges that trade options. Based on available at https://markets.cboe.com/us/options/ _ schedule available at http://markets.cboe.com/us/ publicly available information, no single market statistics/. options/membership/fee_schedule/bzx/. See also options exchange has more than 15% of 14 See Securities Exchange Act Release No. 51808 Securities Exchange Act Release nos. 89879 [sic] (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) (August 17, 2020), 85 FR 51796 (August 21, 2020) (‘‘Regulation NMS Adopting Release’’). (SR–CboeEDGX–2020–040); and 89583 (August 17, 9 15 U.S.C. 78f(b)(5). 15 See supra note 7. 2020), 85 FR 51825 (August 21, 2020) (SR– 10 15 U.S.C. 78f(b). 16 The exchange notes that its Open-Close Report CboeBZX–2020–063). 11 15 U.S.C. 78f(b)(4). data product does not include data on any 8 15 U.S.C. 78f(b). 12 See supra note 6. exclusive, singly-listed option series.

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analytical strategies using only Open- participants to purchase the Open-Close higher than established fees for similar Close data relating to trading activity on Report, including but not limited to data products would simply serve to one or more of the other markets that individual customers, buy-side reduce demand for the Exchange’s data provide similar data products. As such, investors and investment banks. The product, which as discussed, market if a market participant views another Exchange reiterates that the decision as participants are under no obligation to exchange’s Open-Close data as more to whether or not to purchase the Open- utilize. In this competitive environment, attractive than its proposed Open-Close Close Report is entirely optional for all potential purchasers are free to choose Report, then such market participant potential subscribers. Indeed, no market which, if any, similar product to can merely choose not to purchase the participant is required to purchase the purchase to satisfy their need for market Exchange’s Open-Close Report and Open-Close Report, and the Exchange is information. As a result, the Exchange instead purchase another exchange’s not required to make the Open-Close believes this proposed rule change Open-Close data product, which offer Report available to all investors. Rather, permits fair competition among national similar data points, albeit based on that the Exchange is voluntarily making the securities exchanges. other market’s trading activity. Open-Close Report available, as The Exchange also does not believe The Exchange also believes the requested by customers, and market the proposed fees would cause any proposed fees are reasonable as they participants may choose to receive (and unnecessary or in appropriate burden would support the introduction of a pay for) this data based on their own on intermarket competition as other new market data product that is business needs. Potential purchasers exchanges are free to introduce their designed to aid investors by providing may request the data at any time if they own comparable data product and lower insight into trading on the Exchange. believe it to be valuable or may decline their prices to better compete with the The recently adopted Open-Close to purchase such data. Exchange’s offering. The Exchange does Report would provide options market not believe the proposed rule change participants with valuable information B. Self-Regulatory Organization’s Statement on Burden on Competition would cause any unnecessary or about opening and closing transactions inappropriate burden on intramarket executed on the Exchange throughout The Exchange does not believe that competition. Particularly, the proposed the trading day, similar to other trade the proposed rule change will result in product and fees apply uniformly to any data products offered by competing any burden on competition that is not purchaser, in that it does not options exchanges. In turn, this data necessary or appropriate in furtherance differentiate between subscribers that would assist market participants in of the purposes of the Act. Rather, the purchase the Open-Close Report. The gauging investor sentiment and trading Exchange believes that the proposal will proposed fees are set at a modest level activity, resulting in potentially better promote competition by permitting the that would allow any interested Member informed trading decisions. As noted Exchange to sell a data product similar or non-Member to purchase such data above, users may also use such data to to those offered by other competitor based on their business needs. create and test trading models and options exchanges.18 The Exchange analytical strategies. made Open-Close Data available in C. Self-Regulatory Organization’s Selling market data, such as the Open- order to keep pace with changes in the Statement on Comments on the Close Report, is also a means by which industry and evolving customer needs, Proposed Rule Change Received From exchanges compete to attract business. and believes the data product will Members, Participants, or Others To the extent that the Exchange is contribute to robust competition among Written comments were neither successful in attracting subscribers for national securities exchanges. At least solicited nor received. the Open-Close Report, it may earn eight other U.S. options exchanges offer trading revenues and further enhance a market data product that is III. Date of Effectiveness of the the value of its data products. If the substantially similar to the Open-Close Proposed Rule Change and Timing for market deems the proposed fees to be Report. As a result, the Exchange Commission Action unfair or inequitable, firms can believes this proposed rule change The foregoing rule change has become diminish or discontinue their use of the permits fair competition among national effective pursuant to Section data and/or avail themselves of similar securities exchanges. 19(b)(3)(A)(ii) of the Act,20 and Rule products offered by other exchanges.17 Furthermore, the Exchange operates 19b–4(f)(2) 21 thereunder. At any time The Exchange therefore believes that the in a highly competitive environment, within 60 days of the filing of the proposed fees for the Open-Close Report and its ability to price the Open-Close proposed rule change, the Commission reflect the competitive environment and Report is constrained by competition summarily may temporarily suspend would be properly assessed on Member among exchanges that offer similar data such rule change if it appears to the or non-Member users. The Exchange products to their customers. As Commission that such action is also believes the proposed fees are discussed, there are currently a number necessary or appropriate in the public equitable and not unfairly of similar products available to market interest, for the protection of investors, discriminatory as the fees would apply participants and investors. At least eight or otherwise in furtherance of the equally to all users who choose to other U.S. options exchanges offer a purposes of the Act. If the Commission purchase such data. The Exchange’s market data product that is substantially takes such action, the Commission shall proposed fees would not differentiate similar to the Open-Close Report, which institute proceedings to determine between subscribers that purchase the the Exchange must consider in its whether the proposed rule should be Open-Close Report and are set at a pricing discipline in order to compete approved or disapproved. modest level that would allow any for the market data.19 For example, interested Member or non-Member to proposing fees that are excessively IV. Solicitation of Comments purchase such data based on their Interested persons are invited to business needs. 18 Id. submit written data, views, and As noted above, the Exchange 19 See, e.g., Cboe Options Fees Schedule, Livevol arguments concerning the foregoing, Fees, Open-Close Data. See also Nasdaq ISE Options anticipates a wide variety of market 7 Pricing Schedule, Section 10.A and Nasdaq PHLX Options 7 Pricing Schedule, Section 10, PHLX 20 15 U.S.C. 78s(b)(3)(A)(ii). 17 See supra note 6. Options Trade Outline (‘‘PHOTO’’). 21 17 CFR 240.19b–4(f)(2).

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including whether the proposed rule SECURITIES AND EXCHANGE proceedings to determine whether to change is consistent with the Act. COMMISSION disapprove, the proposed rule change Comments may be submitted by any of (File No. SR–CboeBZX–2021–029). [Release No. 34–92131; File No. SR– the following methods: CboeBZX–2021–029] For the Commission, by the Division of Electronic Comments Trading and Markets, pursuant to delegated Self-Regulatory Organizations; Cboe authority.7 • Use the Commission’s internet BZX Exchange, Inc.; Notice of J. Matthew DeLesDernier, comment form (http://www.sec.gov/ Designation of a Longer Period for Assistant Secretary. rules/sro.shtml); or Commission Action on a Proposed • Send an email to rule-comments@ [FR Doc. 2021–12472 Filed 6–14–21; 8:45 am] Rule Change To List and Trade Shares BILLING CODE 8011–01–P sec.gov. Please include File Number SR– of the Kryptoin Bitcoin ETF Trust EMERALD–2021–20 on the subject line. Under BZX Rule 14.11(e)(4), Paper Comments Commodity-Based Trust Shares SECURITIES AND EXCHANGE COMMISSION • Send paper comments in triplicate June 9, 2021. to Secretary, Securities and Exchange On April 9, 2021, Cboe BZX [Release No. 34–92136] Commission, 100 F Street NE, Exchange, Inc. (‘‘BZX’’) filed with the Washington, DC 20549–1090. Securities and Exchange Commission Order Granting Applications by All submissions should refer to File (‘‘Commission’’), pursuant to Section Nasdaq GEMX, LLC and Nasdaq MRX, Number SR–EMERALD–2021–20. This 19(b)(1) of the Securities Exchange Act LLC for Exemption Pursuant to Section file number should be included on the of 1934 (‘‘Act’’) 1 and Rule 19 b–4 36(a) of the Exchange Act From the Rule Filing Requirements of Section subject line if email is used. To help the thereunder,2 a proposed rule change to 19(b) of the Exchange Act With Commission process and review your list and trade shares of the Kryptoin Respect to the Nasdaq Rule 1000 comments more efficiently, please use Bitcoin ETF Trust under BZX Rule Series Incorporated by Reference only one method. The Commission will 14.11(e)(4), Commodity-Based Trust post all comments on the Commission’s Shares. The proposed rule change was June 9, 2021. internet website (http://www.sec.gov/ published for comment in the Federal Nasdaq GEMX, LLC and Nasdaq MRX, 3 rules/sro.shtml). Copies of the Register on April 28, 2021. The LLC (the ‘‘Exchanges’’) have filed with submission, all subsequent Commission has received comments on the Securities and Exchange 4 amendments, all written statements the proposed rule change. Commission (the ‘‘Commission’’) an 5 with respect to the proposed rule Section 19(b)(2) of the Act provides application for an exemption under change that are filed with the that within 45 days of the publication of Section 36(a)(1) of the Securities Commission, and all written notice of the filing of a proposed rule Exchange Act of 1934 (‘‘Exchange communications relating to the change, or within such longer period up Act’’) 1 from the rule filing requirements proposed rule change between the to 90 days (i) as the Commission may of Section 19(b) of the Exchange Act 2 Commission and any person, other than designate if it finds such longer period with respect to certain rules of The those that may be withheld from the to be appropriate and publishes its Nasdaq Stock Market LLC (‘‘Nasdaq’’) public in accordance with the reasons for so finding or (ii) as to which that the Exchanges seek to incorporate provisions of 5 U.S.C. 552, will be the self-regulatory organization by reference (‘‘Nasdaq Rule 1000 available for website viewing and consents, the Commission shall either Series’’).3 Section 36(a)(1) of the printing in the Commission’s Public approve the proposed rule change, Exchange Act,4 subject to certain Reference Room, 100 F Street NE, disapprove the proposed rule change, or limitations, authorizes the Commission Washington, DC 20549, on official institute proceedings to determine to conditionally or unconditionally business days between the hours of whether the proposed rule change exempt any person, security, or 10:00 a.m. and 3:00 p.m. Copies of the should be disapproved. The 45th day transaction, or any class thereof, from filing also will be available for after publication of the notice for this any provision of the Exchange Act or inspection and copying at the principal proposed rule change is June 12, 2021. rule thereunder, if necessary or office of the Exchange. All comments The Commission is extending this 45- appropriate in the public interest and received will be posted without change. day time period. consistent with the protection of Persons submitting comments are The Commission finds that it is investors. cautioned that we do not redact or edit appropriate to designate a longer period The Exchanges each filed a proposed personal identifying information from within which to take action on the rule change 5 under Section 19(b) of the comment submissions. You should proposed rule change so that it has submit only information that you wish sufficient time to consider the proposed 7 17 CFR 200.30–3(a)(31). to make available publicly. All rule change and the comments received. 1 15 U.S.C. 78mm(a)(1). 2 submissions should refer to File Accordingly, pursuant to Section 15 U.S.C. 78s(b). 6 3 See letter from Brett M. Kitt, Principal Associate Number SR–EMERALD–2021–20 and 19(b)(2) of the Act, the Commission designates July 27, 2021, as the date by General Counsel, Nasdaq Inc., to J. Matthew should be submitted on or before July 6, DeLesDernier, Assistant Secretary, Commission, 2021. which the Commission shall either dated April 22, 2021 (‘‘Exemptive Request’’). approve or disapprove, or institute 4 15 U.S.C. 78mm(a)(1). For the Commission, by the Division of 5 See Securities Exchange Act Release Nos. 91672 Trading and Markets, pursuant to delegated 1 15 U.S.C. 78s(b)(1). (April 26, 2021), 86 FR 23001 (April 30, 2021) (SR– 22 authority. 2 17 CFR 240.19 b–4. GEMX–2021–02); 91674 (April 26, 2021), 86 FR 23013 (April 30, 2021) (SR–MRX–2021–03). J. Matthew DeLesDernier, 3 See Securities Exchange Act Release No. 91646 Although the proposed rule changes were filed (April 22, 2021), 86 FR 22485 (April 28, 2021). Assistant Secretary. pursuant to Section 19(b)(3)(A)(iii) of the Exchange 4 Comments received on the proposed rule change [FR Doc. 2021–12479 Filed 6–14–21; 8:45 am] Act, and thereby became effective upon filing with are available at: https://www.sec.gov/comments/sr- the Commission, the Exchanges stipulated in their BILLING CODE 8011–01–P cboebzx-2021-029/srcboebzx2021029.htm. proposals that the incorporation by reference would 5 15 U.S.C. 78s(b)(2). not be operative until such time as the Commission 22 17 CFR 200.30–3(a)(12). 6 Id. grants this Exemptive Request.

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Exchange Act to replace its existing and processes at all times.12 The • The incorporating SRO has membership rules, as set forth in Exchanges states that harmonization of requested incorporation of categories of General 3 of their respective rulebooks, the membership rules and processes rules (rather than individual rules with the Rule 1000 Series of the Nasdaq between the Exchanges and Nasdaq will within a category) that are not trading rulebook, as such rules may be in effect ease compliance burdens for those rules (e.g., the SRO has requested from time to time. Namely, in the seeking membership on the three incorporation of rules such as margin, proposed rule changes, the Exchanges exchanges and increase internal suitability, or arbitration); and each proposed to incorporate by efficiencies associated with • The incorporating SRO has reference the Nasdaq Rule 1000 Series administering the membership rules and reasonable procedures in place to such that Nasdaq Rule 1000 Series processes of each exchange.13 provide written notice to its members would be applicable to each of the The Commission has issued each time a change is proposed to the Exchanges’ respective applicants, exemptions similar to the Exchanges’ incorporated rules of another SRO.16 members, associated persons, and other request.14 In granting similar The Commission believes that the persons subject to the Exchanges’ exemptions, the Commission stated that Exchanges have satisfied each of these jurisdiction as though such rules were it would consider future exemption conditions. Further, the Commission fully set forth within each of the requests, provided that: also believes that granting the Exchanges’ rulebooks.6 • A self-regulatory organization Exchanges an exemption from the rule The Exchanges have requested, (‘‘SRO’’) wishing to incorporate rules of filing requirements under Section 19(b) pursuant to Rule 0–12 under the another SRO by reference has submitted of the Exchange Act will promote Exchange Act,7 that the Commission a written request for an order exempting efficient use of the Commission’s and grant the Exchanges an exemption from it from the requirement in Section 19(b) the Exchanges’ resources by avoiding the rule filing requirements of Section of the Exchange Act to file proposed duplicative rule filings based on 19(b) of the Exchange Act for changes to rule changes relating to the rules simultaneous changes to identical rule 17 each of the Exchanges’ rules that are incorporated by reference, has identified text sought by more than one SRO. effected solely by virtue of a change to the applicable originating SRO(s), The Commission therefore finds it the Nasdaq Rule 1000 Series that are together with the rules it wants to appropriate in the public interest and incorporated by reference. Specifically, incorporate by reference, and otherwise consistent with the protection of the Exchanges request that they be has complied with the procedural investors to exempt the Exchanges from permitted to incorporate by reference requirements set forth in the the rule filing requirements under changes made to the Nasdaq Rule 1000 Commission’s release governing Section 19(b) of the Exchange Act with Series that are cross-referenced in each procedures for requesting exemptive respect to the above-described rules it of the Exchanges’ rules without the need orders pursuant to Rule 0–12 under the incorporates by reference. This for each of the Exchanges to file Exchange Act; 15 exemption is conditioned upon the separately the same proposed rule Exchanges promptly providing written change pursuant to Section 19(b) of the 12 See id. at 2. notice to their applicants and members Exchange Act.8 13 See id. whenever Nasdaq changes a rule that The Exchanges represent that the 14 See, e.g., Securities Exchange Act Release Nos. the Exchanges incorporate by reference. Nasdaq Rule 1000 Series are not trading 91202 (February 24, 2021), 86 FR 12250 (March 2, Accordingly, it is ordered, pursuant to 2021) (order granting application by Nasdaq ISE, 18 9 Section 36 of the Exchange Act, that rules. Moreover, the Exchanges state LLC for exemption pursuant to Section 36(a) of the that in each instance, they propose to Exchange Act from the rule filing requirements of the Exchanges are exempt from the rule incorporate by reference a category of section 19(b) of the Exchange Act with respect to filing requirements of Section 19(b) of the Nasdaq Rule 1000 Series incorporated by the Exchange Act solely with respect to rules (rather than individual rules reference); 86896 (September 6, 2019), 84 FR 48186 10 changes to the rules identified in the within a category). The Exchanges (September 12, 2019) (order granting application by also represent that, as a condition of this Nasdaq BX, Inc. for exemption pursuant to section Exemptive Request, provided that the exemption, the Exchanges will provide 36(a) of the Exchange Act from the rule filing Exchanges promptly provide written written notice to their respective requirements of section 19(b) of the Exchange Act notice to their applicants and members with respect to the Nasdaq Rule 1000 Series whenever Nasdaq proposes to change a applicants and members whenever incorporated by reference); 80338 (March 29, 2017), Nasdaq proposes a change to Nasdaq 82 FR 16464 (April 4, 2017) (order granting rule that the Exchanges have Rule 1000 Series.11 exemptive request from MIAX PEARL, LLC relating incorporated by reference. to rules of Miami International Securities Exchange, For the Commission, by the Division of According to the Exchanges, this LLC incorporated by reference); 72650 (July 22, exemption is necessary and appropriate 2014), 79 FR 44075 (July 29, 2014) (order granting Trading and Markets, pursuant to delegated 19 because it will result in the Exchanges’ exemptive requests from NASDAQ OMX BX, Inc. authority. membership rules and processes being and the NASDAQ Stock Market LLC relating to J. Matthew DeLesDernier, rules of NASDAQ OMX PHLX LLC incorporated by Assistant Secretary. consistent with the relevant cross- reference); 67256 (June 26, 2012), 77 FR 39277, referenced Nasdaq membership rules 39286 (July 2, 2012) (order approving SR–BX–2012– [FR Doc. 2021–12477 Filed 6–14–21; 8:45 am] 030 and granting exemptive request relating to rules BILLING CODE 8011–01–P incorporated by reference by the BX Options rules); 6 See note 5, supra. 61534 (February 18, 2010), 75 FR 8760 (February 7 17 CFR 240.0–12. 25, 2010) (order granting BATS Exchange, Inc.’s Relief Pursuant to Section 36 of the Exchange Act; 8 See Exemptive Request, supra note 3. exemptive request relating to rules incorporated by Final Rule’’). 9 Id. reference by the BATS Exchange Options Market 16 See BATS Options Market Order, supra note 14 10 Id. at 2 n.7. rules) (‘‘BATS Options Market Order’’); and 57478 (citing Securities Exchange Act Release No. 49260 11 Id. at 3. The Exchanges state that they will (March 12, 2008), 73 FR 14521, 14539–40 (March (February 17, 2004), 69 FR 8500 (February 24, 2004) provide such notice via a posting on the same 18, 2008) (order approving SR–NASDAQ–2007–004 (order granting exemptive request relating to rules website location where the Exchanges post their and SR–NASDAQ–2007–080, and granting incorporated by reference by several SROs) (‘‘2004 own rule filings pursuant to Rule 19b–4(l) within exemptive request relating to rules incorporated by Order’’)). the timeframe required by such Rule. In addition, reference by The NASDAQ Options Market). 17 See BATS Options Market Order, supra note the Exchanges state that the website posting will 15 See 17 CFR 240.0–12 and Securities Exchange 14, 75 FR at 8761; see also 2004 Order, supra note include a link to the location on Nasdaq’s website Act Release No. 39624 (February 5, 1998), 63 FR 16, 69 FR at 8502. where the applicable proposed rule change is 8101 (February 18, 1998) (‘‘Commission Procedures 18 15 U.S.C. 78mm. posted. Id. at 3 n.8. for Filing Applications for Orders for Exemptive 19 17 CFR 200.30–3(a)(76).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s framework.7 Among others, one COMMISSION Statement of the Purpose of, and significant change that is relevant to the Statutory Basis for, the Proposed Rule instant filing is that broker-dealers are [Release No. 34–92139; File No. SR–FINRA– Change now permitted to rely on the publicly available determinations of certain 2021–014] 1. Purpose alternative trading systems that meet the Self-Regulatory Organizations; Background definition of a ‘‘qualified interdealer 8 Financial Industry Regulatory FINRA is proposing amendments to quotation system’’ (‘‘Qualified IDQS’’) Authority, Inc.; Notice of Filing of a FINRA Rule 6432 in light of the SEC’s with respect to the required information Proposed Rule Change Relating to amendments to Exchange Act Rule review, the availability of specified Members’ Filing Requirements Under 15c2–11 (‘‘Rule 15c2–11’’). Rule 15c2– exceptions to Rule 15c2–11, and the FINRA Rule 6432 (Compliance With the 11 sets forth the information review and public availability of current issuer Information Requirements of SEA Rule maintenance requirements for broker- information. Specifically, where a 15c2–11) dealers that publish quotations 3 in a Qualified IDQS undertakes the initial quotation medium 4 for securities in the review and makes a publicly available June 9, 2021. over the counter (‘‘OTC’’) market.5 determination concerning its review, as set forth in Rule 15c2–11(a)(2), broker- Pursuant to Section 19(b)(1) of the Specifically, Rule 15c2–11 prohibits a broker-dealer from publishing (or dealers may, under Rule 15c2– Securities Exchange Act of 1934 11(a)(1)(ii), initiate quotations in the 1 2 submitting for publication) a quotation (‘‘Act’’), and Rule 19b–4 thereunder, subject security within three business notice is hereby given that on May 28, for a security unless it has obtained and reviewed specified current information days of the Qualified IDQS’s publicly 2021, the Financial Industry Regulatory available determination.9 In addition, Authority, Inc. (‘‘FINRA’’) filed with the about the issuer whose security is the subject of the quotation and has a amended Rule 15c2–11 permits broker- Securities and Exchange Commission dealers to rely on the publicly available (‘‘SEC’’ or ‘‘Commission’’) the proposed reasonable basis under the circumstances for believing the determinations of a Qualified IDQS in rule change as described in Items I, II, information is accurate in all material connection with the availability of the and III below, which Items have been respects and obtained from a reliable following exceptions to Rule 15c2–11: prepared by FINRA. The Commission is source, unless otherwise permitted Paragraph (f)(1)’s exception for publishing this notice to solicit under the rule.6 exchange-traded securities; paragraph comments on the proposed rule change (f)(3)’s exception for piggyback Rule 15c2–11 prescribes information from interested persons. eligibility; paragraph (f)(4)’s exception review requirements that are specific to for municipal securities; and paragraph I. Self-Regulatory Organization’s the type of issuer whose security is (f)(5)’s average daily trading volume and Statement of the Terms of Substance of sought to be quoted, with different asset test exception.10 Broker-dealers the Proposed Rule Change information requirements applicable to also may rely on the publicly available prospectus issuers, Regulation A FINRA is proposing to amend determinations of a Qualified IDQS in issuers, reporting companies, exempt connection with the public availability members’ filing requirements under foreign private issuers, and all other of current issuer information, as FINRA Rule 6432 (Compliance with the issuers that do not fit into any of these described in amended Rule 15c2–11’s Information Requirements of SEA Rule categories. Rule 15c2–11 also includes unsolicited quotation exception and its 15c2–11). several exceptions from these piggyback exception,11 and their The text of the proposed rule change information review requirements, publicly available determinations is available on FINRA’s website at including, for example, an exception regarding the availability of the http://www.finra.org, at the principal from ongoing information review where piggyback exception’s grace period.12 the security is the subject of continuous office of FINRA and at the quoting and meets other specified FINRA believes that the SEC’s Commission’s Public Reference Room. conditions (known as the ‘‘piggyback’’ amendments to Rule 15c2–11 II. Self-Regulatory Organization’s exception). necessitate changes to FINRA Rule Statement of the Purpose of, and The amendments to Rule 15c2–11 6432, which sets forth the standards Statutory Basis for, the Proposed Rule make substantial changes to the prior applicable to member firms quoting equity securities for demonstrating Change compliance with Rule 15c2–11 (unless a 3 Rule 15c2–11 defines ‘‘quotation’’ as any bid or In its filing with the Commission, offer at a specified price with respect to a security, Rule 15c2–11 exception or exemption is FINRA included statements concerning or any indication of interest by a broker or dealer available). Under FINRA Rule 6432, no the purpose of and basis for the in receiving bids or offers from others for a security, member may quote a non-exchange- or any indication by a broker or dealer that wishes proposed rule change and discussed any to advertise its general interest in buying or selling comments it received on the proposed a particular security. See 17 CFR 240.15c2–11(e)(7). 7 See e.g., Adopting Release, infra note 21, at 68124–26. rule change. The text of these statements 4 ‘‘Quotation medium’’ means any ‘‘interdealer quotation system’’ or any publication or electronic 8 Amended Rule 15c2–11 defines a ‘‘qualified may be examined at the places specified communications network or other device that is interdealer quotation system’’ as any ‘‘interdealer in Item IV below. FINRA has prepared used by brokers or dealers to make known to others quotation system’’ that meets the definition of an summaries, set forth in sections A, B, their interest in transactions in any security, ‘‘alternative trading system’’ under Rule 300(a) of Regulation ATS and operates pursuant to the and C below, of the most significant including offers to buy or sell at a stated price or otherwise, or invitations of offers to buy or sell. See exemption from the definition of an ‘‘exchange’’ aspects of such statements. 17 CFR 240.15c2–11(e)(8). ‘‘Interdealer quotation under Regulation ATS. See 17 CFR 240.15c2– system’’ means any system of general circulation to 11(e)(6). brokers or dealers that regularly disseminates the 9 See 17 CFR 240.15c2–11(a)(2) and (a)(1)(ii). quotations of identified brokers or dealers. See 17 10 See 17 CFR 240.15c2–11(f)(7). CFR 240.15c2–11(e)(3). 11 See 17 CFR 240.15c2–11(f)(2)(iii)(B) and 1 15 U.S.C. 78s(b)(1). 5 See generally 17 CFR 240.15c2–11. (f)(3)(ii)(A)(1). 2 17 CFR 240.19b–4. 6 17 CFR 240.15c2–11(a)(1)(i). 12 See 17 CFR 240.15c2–11(f)(3)(ii)(A)(1)–(2).

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listed security 13 in a quotation medium aspects of the proposed rule change is broker-dealer members, which would unless the member has demonstrated discussed in greater detail below.16 continue to be applicable where a compliance with FINRA Rule 6432 and broker-dealer is not relying on a Qualified IDQS Modified Form 211 Qualified IDQS’s publicly available the applicable requirements for Submission Requirement information maintenance under Rule determination with respect to an initial 15c2–11 by making a filing with, and in FINRA is proposing to adopt new review.19 the form required by, FINRA (i.e., the paragraph (b) under FINRA Rule 6432 to establish an after-the-fact filing Qualified IDQS Daily Security File Form 211). The Form 211 is designed to Submission Requirement gather pertinent information regarding requirement for a Qualified IDQS that the subject issuer and security, the performs an initial review under Rule Under proposed Supplementary member’s knowledge of and 15c2–11(a)(2). Under the proposed Material .02 to FINRA Rule 6432, a relationship with the issuer, and the provision, a Qualified IDQS must Qualified IDQS that makes publicly member’s intended quotation activities demonstrate compliance with Rule available determinations under with respect to the security. FINRA uses 15c2–11 by making a filing with, and in amended Rule 15c2–11, including the Form 211 in connection with its the form required by, FINRA no later regarding the availability of a Rule than 6:30:00 p.m. Eastern Time on the 15c2–11 exception, would be required oversight of member compliance with business day following the Qualified to submit a daily security file to FINRA. Rule 15c2–11. IDQS’s publicly available determination Specifically, where a Qualified IDQS In response to the SEC’s amendments under Rule 15c2–11(a)(2) (i.e., a has made one or more publicly available to Rule 15c2–11, FINRA is proposing ‘‘modified Form 211’’ filing). Like the determinations described in Rule 15c2– amendments to FINRA Rule 6432— standard Form 211, the modified Form 11(a)(2), (f)(2)(iii)(B), (f)(3)(ii)(A), or primarily to account for the new role of 211 would contain requests for the (f)(7), the Qualified IDQS would be a Qualified IDQS.14 Specifically, the items of information specified in Rule required to submit to FINRA a daily instant filing includes three areas of 15c2–11 for the type of issuer security file containing the following proposed amendments to FINRA Rule involved.17 information for all non-exchange-listed 6432: (i) The addition of a requirement FINRA believes that requiring a equity securities quoted on its system: that a Qualified IDQS submit a modified Qualified IDQS to submit a modified • Security symbol; Form 211 filing to FINRA in connection Form 211 is appropriate because it • Issuer name; with each initial information review would provide FINRA with information • If the non-exchange-listed equity that it conducts; (ii) the addition of a with which to perform oversight of a security is being quoted pursuant to a requirement that a Qualified IDQS that Qualified IDQS’s compliance with the processed Form 211 under FINRA Rule makes a publicly available initial information review requirements 6432(a); • determination under Rule 15c2–11 of Rule 15c2–11 without involving any If applicable, the type of publicly submit a daily security file to FINRA additional delay for FINRA to review available determination made by the containing summary information for all and process the form prior to members Qualified IDQS (e.g., an initial review securities quoted on its system; and (iii) being permitted to initiate quotations in pursuant to Rule 15c2–11(a)(2), that the other changes to FINRA Rule 6432 and reliance on the Qualified IDQS’s required information is current and the Form 211 to further clarify the publicly available determination. publicly available under Rule 15c2– operation of the rule and conform to FINRA would use the modified Form 11(f)(2)(iii)(B) or (f)(3)(ii)(A), or an amended Rule 15c2–11.15 Each of these 211 filings submitted by a Qualified exception under Rule 15c2–11(f)(7)) and IDQS to assess periodically the the date on which such publicly 13 The term ‘‘non-exchange-listed security’’ is adequacy of the Qualified IDQS’s available determination was made by defined in FINRA Rule 6432(e) to mean any equity reviews.18 This new requirement would the Qualified IDQS; • security, other than a Restricted Equity Security, supplement FINRA’s existing standard With respect to a non-exchange- that is not traded on any national securities Form 211 review process for quoting listed equity security for which the exchange. A ‘‘Restricted Equity Security’’ means Qualified IDQS has made a publicly any equity security that meets the definition of ‘‘restricted security’’ as contained in Securities Act 16 FINRA will publish a Regulatory Notice with available determination under Rule Rule 144(a)(3). See 17 CFR 230.144. technical details on the revised standard Form 211, 15c2–11(f)(7) relating to the availability 14 While a Qualified IDQS is not obligated to modified Form 211, and daily file submission of the piggyback exception under Rule perform reviews and make publicly available process. 15c2–11(f)(3), whether the issuer is a determinations under Rule 15c2–11, if it chooses to 17 Both the modified and standard Form 211s will do so, it must comply with the requirements of Rule conform with the SEC’s amendments to Rule 15c2– shell company and, if a shell company, 15c2–11. In the Adopting Release, among other 11, as applicable. See supra note 15. In addition, the number of days remaining in the things, the SEC stated that it expects FINRA to like the standard Form 211, the modified Form 211 applicable 18-month period under Rule continue to monitor the operation of the OTC must be reviewed and signed by a principal of the 15c–2–11(f)(3)(i)(B)(2); market, including through oversight of Qualified Qualified IDQS and the principal must certify, • If applicable, that the security is IDQSs. See Adopting Release, infra note 21, at among other things, that neither the firm nor its 68132. associated persons have accepted or will accept any being quoted pursuant to an exception 15 While the SEC’s amendments also update the payment or other consideration for filing the Form items of information that must be reviewed for the 211. See Regulatory Notice 14–26 (June 2014); see 19 FINRA notes that a quoting member relying on different categories of issuers described in also FINRA Rule 5250 (Payments for Market a Qualified IDQS would not be required to paragraph (b) of Rule 15c2–11, the baseline Making). separately submit any sort of Form 211 in requirements largely remain unchanged. Likewise, 18 In the Adopting Release, the SEC stated that a connection with its initiation of quotations the paragraph (b) items of information required to Qualified IDQS, like a broker-dealer, must have a pursuant to Rule 15c2–11(a)(1)(ii). However, be submitted under FINRA Rule 6432 and the Form reasonable basis under the circumstances to believe members who are not relying on the initial review 211 will not change significantly but will be that the paragraph (b) information is accurate in all of a Qualified IDQS would continue to be required updated to be consistent with amended Rule 15c2– material respects and obtained from a reliable to submit the Form 211 to FINRA and receive 11. Therefore, for example, FINRA will make minor source and, consistent with Rule 15c2– notification that the form has been processed prior updates to Form 211, including, for (b)(5) 11(a)(2)(iii)(A) and (B), the Qualified IDQS should to initiating quotes in the subject security (and, as submissions, to require historic information on the be alert to any red flags (i.e., information under the described below, FINRA is proposing to amend name of the issuer and any predecessors (past five circumstances that reasonably indicates that one or FINRA Rule 6432 to clarify that a quoting member years) and the address of the issuer’s principal more of the required items of information may be must receive notification from FINRA that a place of business (in addition to its principal materially inaccurate or from an unreliable source). standard Form 211 has been processed before executive offices). See Adopting Release, infra note 21, at 68170. initiating or resuming quotations).

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that does not rely on the Qualified document on the Qualified IDQS’s (or collecting, distributing, and publishing IDQS’s publicly available determination its affiliate broker-dealer’s) website. quotations. and, if so, identify the exception relied Third, FINRA is proposing to define FINRA believes that, by amending FINRA Rule 6432 and the Form 211 in upon by the subscriber; and ‘‘qualified inter-dealer quotation • response to the SEC’s amendments to Such other information as specified system’’ in new paragraph (g) of FINRA Rule 15c2–11, the proposed rule change by FINRA in a Regulatory Notice (or Rule 6432, consistent with the term’s similar communication). will facilitate FINRA’s oversight of definition in SEA Rule 15c2–11(e)(6). member Qualified IDQSs, enhance FINRA would use the above Fourth, to assist with oversight of information as part of its oversight investor protection, and reduce burdens member compliance with Rule 15c2–11, on broker-dealers. The proposed rule program to perform surveillance and FINRA is proposing to require that periodic reviews of Qualified IDQS and change would require a Qualified IDQS members include in the standard and to submit an after-the-fact, modified quoting member compliance with modified Form 211 the names of all amended Rule 15c2–11. Form 211 to FINRA in connection with officers and directors of the subject its publicly available determinations Other Amendments issuer. Finally, the proposed rule regarding initial reviews. The proposed change includes several technical and In addition to the two new proposed amendments also would require a non-substantive changes to update requirements applicable to Qualified Qualified IDQS that makes publicly cross-references to the renumbered IDQSs described above, the proposed available determinations to submit a provisions of amended Rule 15c2–11 20 rule change also includes other daily security file containing specified and to correct the numbering of amendments to FINRA Rule 6432 to information for all non-exchange-listed further clarify the operation of the rule Supplementary Material .01 to FINRA equity securities quoted on its system. and conform to amended Rule 15c2–11. Rule 6432, which would not otherwise FINRA believes that the submission of First, FINRA is amending language in substantively be modified (FINRA Rule this information will allow FINRA to existing paragraphs (a) and (c) 6432.01 would be corrected to read effectively oversee the activities of its (paragraph (c) is proposed to be ‘‘.01’’ rather than ‘‘01.’’, per FINRA members in the OTC market, including renumbered as paragraph (d)) to clarify rulebook style). of a Qualified IDQS’s compliance with Rule 15c2–11’s obligations. In addition, that a member must receive notification If the Commission approves the FINRA believes that the modified Form from FINRA that a standard Form 211 proposed rule changes, the effective 211 requirement for Qualified IDQSs is has been processed before initiating or date of the proposed rule changes will appropriate, including because, together resuming quotations in a quotation be the same as the compliance date of with the daily file, it will provide medium (in the case of paragraph (a)) or the SEC’s amendments to Rule 15c2–11 FINRA with the information relied upon before entering a priced quotation for (except for paragraph (b)(5)(i)(M)), by each Qualified IDQS as well as the security (in the case of proposed including any extensions to such consolidated daily Rule 15c2–11 paragraph (d)). FINRA is making these compliance date.21 compliance information, making a amendments to clarify existing member focused, after-the-fact review more obligations with respect to a standard 2. Statutory Basis manageable and able to be Form 211 under FINRA Rule 6432. FINRA believes that the proposed rule accomplished in a shorter period of Second, FINRA Rule 6432(b)(1) change is consistent with the provisions time. FINRA believes that such (proposed to be renumbered as of Section 15A(b)(6) of the Act,22 which oversight will serve to complement the paragraph (c)(1)) will expand the requires, among other things, that amended Rule 15c2–11 framework treatment currently allowed for FINRA rules must be designed to adopted by the SEC, and, therefore, is in documents available through the SEC’s prevent fraudulent and manipulative the public interest. Moreover, Electronic Data Gathering, Analysis, and acts and practices, to promote just and permitting quoting members to rely on Retrieval (‘‘EDGAR’’) system to equitable principles of trade, and, in a Qualified IDQS’s publicly available information available through the general, to protect investors and the determination to initiate quotations in a website of a Qualified IDQS or its public interest. FINRA also believes that security is consistent with the SEC’s affiliate broker-dealer. Currently, the proposed rule change is consistent goals to reduce burdens on broker- members are required to file a copy of with the provisions of Section dealers while maintaining investor the required issuer information with 15A(b)(11) of the Act,23 which requires, protection. FINRA except that, with respect to among other things, that FINRA’s rules B. Self-Regulatory Organization’s information that is available through be designed to produce fair and Statement on Burden on Competition EDGAR, the member instead is informative quotations, to prevent permitted to provide identifying fictitious or misleading quotations, and FINRA does not believe that the information for each issuer report or to promote orderly procedures for proposed rule change will result in any statement that was relied upon in burden on competition that is not satisfying its obligations under FINRA 20 FINRA also will make corresponding language necessary or appropriate in furtherance Rule 6432 and SEA Rule 15c2–11. This and citation changes to the Form 211. of the purposes of the Act. allowance is intended to ease burdens 21 See Securities Exchange Act Release No. 89891 on broker-dealers when filing a Form (September 16, 2020), 85 FR 68124 (October 27, Regulatory Need 211. In light of the new role for 2020) (‘‘Adopting Release’’). The SEC specified a This economic impact assessment is compliance date for amended Rule 15c2–11 (except Qualified IDQSs under amended Rule for paragraph (b)(5)(i)(M)) of nine months after the intended to evaluate the economic 15c2–11, FINRA believes it is amended rule’s December 28, 2020 effective date, impact of the proposed changes to appropriate to similarly permit members which is September 28, 2021. See id. at 68172. The FINRA Rule 6432. Amendments to to point FINRA to required information compliance date for paragraph (b)(5)(i)(M) will be FINRA Rule 6432 are necessary to two years after the December 28, 2020 effective where it is publicly available on the date, which is December 28, 2022. See id. at 68172 facilitate FINRA oversight of member website of a Qualified IDQS by n.535. compliance with amended SEA Rule including in the filing the permanent 22 15 U.S.C. 78o–3(b)(6). 15c2–11. One key aspect of the website address of the relevant 23 15 U.S.C. 78o–3(b)(11). proposed rule change, resulting from the

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SEC’s changes to Rule 15c2–11, is the Alternatives Considered only one method. The Commission will addition of a modified Form 211 FINRA considered not implementing post all comments on the Commission’s requirement that would be applicable to a filing requirement for a Qualified internet website (http://www.sec.gov/ a Qualified IDQS that engages in the IDQS. FINRA determined that the after- rules/sro.shtml). Copies of the initial information review of a security. the-fact submission requirement strikes submission, all subsequent The Qualified IDQS would be required an appropriate balance by providing amendments, all written statements to submit the modified Form 211 to FINRA with important information with with respect to the proposed rule FINRA by the end of the next business which to oversee Qualified IDQS change that are filed with the day after the Qualified IDQS’s publicly compliance without involving the delay Commission, and all written available determination was made. of a FINRA processing time prior to the communications relating to the proposed rule change between the Economic Baseline initiation of quoting, consistent with the SEC’s goals to reduce burdens on Commission and any person, other than those that may be withheld from the The economic baseline considers broker-dealers while maintaining public in accordance with the investor protection and members’ investor protection. provisions of 5 U.S.C. 552, will be regulatory burden in the absence of the C. Self-Regulatory Organization’s available for website viewing and proposed rule change in light of the Statement on Comments on the printing in the Commission’s Public SEC’s amended rule. Among other Proposed Rule Change Received From Reference Room, 100 F Street NE, things, amended Rule 15c2–11 permits Members, Participants, or Others Washington, DC 20549, on official a broker-dealer to rely on a Qualified Written comments were neither business days between the hours of 10 IDQS to perform the initial information solicited nor received. a.m. and 3 p.m. Copies of such filing review required by the rule. Where a also will be available for inspection and broker-dealer subscriber is not relying III. Date of Effectiveness of the copying at the principal office of on the initial review of a Qualified Proposed Rule Change and Timing for FINRA. All comments received will be IDQS, it must submit a standard Form Commission Action posted without change. Persons 211 to FINRA and await notification Within 45 days of the date of submitting comments are cautioned that that the form has been processed prior publication of this notice in the Federal we do not redact or edit personal to initiating quotations in the security. Register or within such longer period (i) identifying information from comment SEA Rule 15c2–11 and FINRA Rule as the Commission may designate up to submissions. You should submit only 6432 generally govern the quotation 90 days of such date if it finds such information that you wish to make conduct of broker-dealers initiating longer period to be appropriate and available publicly. All submissions quotes in equity securities in the OTC publishes its reasons for so finding or should refer to File Number SR–FINRA– market.24 (ii) as to which the self-regulatory 2021–014 and should be submitted on organization consents, the Commission Economic Impacts or before July 6, 2021. will: For the Commission, by the Division of The proposed rule change would (A) By order approve or disapprove Trading and Markets, pursuant to delegated likely improve FINRA’s oversight of the such proposed rule change, or authority.25 (B) institute proceedings to determine OTC market given the amendments to J. Matthew DeLesDernier, Rule 15c2–11. Specifically, by requiring whether the proposed rule change should be disapproved. Assistant Secretary. the Qualified IDQS to submit (i) an [FR Doc. 2021–12480 Filed 6–14–21; 8:45 am] after-the-fact, modified Form 211 filing IV. Solicitation of Comments BILLING CODE 8011–01–P in connection with publicly available Interested persons are invited to determinations related to an initial submit written data, views and information review, and (ii) a daily arguments concerning the foregoing, SMALL BUSINESS ADMINISTRATION security file containing summary Rule including whether the proposed rule 15c2–11-related information for each [Disaster Declaration #16997 and #16998; change is consistent with the Act. Alabama Disaster Number AL–00121] security quoted on its system, FINRA Comments may be submitted by any of would have data necessary to monitor the following methods: Presidential Declaration of a Major for Rule 15c2–11 compliance by the Electronic Comments Disaster for Public Assistance Only for Qualified IDQSs and other members. the State of Alabama The daily security file also would • Use the Commission’s internet enhance FINRA’s surveillance comment form (http://www.sec.gov/ AGENCY: Small Business Administration. capabilities, which furthers investor rules/sro.shtml); or ACTION: Notice. protection. • Send an email to rule-comments@ SUMMARY: FINRA acknowledges that a Qualified sec.gov. Please include File Number SR– This is a Notice of the Presidential declaration of a major IDQS could incur some operational FINRA–2021–014 on the subject line. disaster for Public Assistance Only for costs in submitting the modified Form Paper Comments the State of Alabama (FEMA–4596–DR), 211 filing and daily security file to • Send paper comments in triplicate dated 06/08/2021. FINRA. Where the Qualified IDQS to Secretary, Securities and Exchange Incident: Severe Storm, Straight-line decides to undertake an initial review, Commission, 100 F Street NE, Winds, and Tornadoes. the costs of filing a Form 211 would be Washington, DC 20549–1090. Incident Period: 03/25/2021 through shifted from broker-dealer subscribers to All submissions should refer to File 03/26/2021. the Qualified IDQS. Number SR–FINRA–2021–014. This file DATES: Issued on 06/08/2021. number should be included on the Physical Loan Application Deadline 24 There were 3,435 FINRA member firms as of subject line if email is used. To help the the end of 2020. Over the 2018 to 2020 period, an Date: 08/09/2021. average 11,018 OTC equity securities were quoted Commission process and review your with a price per year. comments more efficiently, please use 25 17 CFR 200.30–3(a)(12).

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Economic Injury (EIDL) Loan business owners, community leaders, initiatives to spur economic growth, job Application Deadline Date: 03/08/2022. officials from small business trade creation, competition, and ADDRESS: Submit completed loan associations, and academic institutions sustainability. to serve on the Council of Underserved applications to: U.S. Small Business Qualifications Administration, Processing and Communities (CUC). The CUC members Disbursement Center, 14925 Kingsport provide advice, ideas and opinions on Members must represent at least one Road, Fort Worth, TX 76155. the SBA programs and services and of the following constituencies: current or former small business owners; FOR FURTHER INFORMATION CONTACT: A. issues of interest to small business in community leaders; small business Escobar, Office of Disaster Assistance, underserved communities. Nominations trade associations; or academic U.S. Small Business Administration, of qualified candidates are being sought to fill vacancies on the CUC. CUC institutions. SBA seeks candidates 409 3rd Street SW, Suite 6050, representing both urban and Washington, DC 20416, (202) 205–6734. members are appointed by, and serve at the pleasure of, the SBA Administrator underserved communities. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the for terms of no longer than two years. Nomination Process The Administrator may reappoint an President’s major disaster declaration on Nominees should send a letter of self- individual for no more than three terms 06/08/2021, Private Non-Profit nomination or a letter of nomination organizations that provide essential of service. Members serve without from a peer, professional organization or services of a governmental nature may compensation. They will, however, be society or member of Congress. This file disaster loan applications at the reimbursed for authorized travel-related letter must indicate which category the address listed above or other locally expenses at per diem rates established nominee will represent and highlight announced locations. accomplishments and experience The following areas have been by GSA when asked to perform official duties as a CUC member. working with small businesses in urban determined to be adversely affected by or rural underserved communities, DATES: the disaster: Nominations for the CUC including personal experience as a membership will be accepted on a Primary Counties: Bibb, Calhoun, Clay, small business owner located in an rolling basis. Hale, Perry, Randolph, Shelby. underserved community. The letter ADDRESSES: All nominations should be The Interest Rates are: should also include the following mailed to the Office of the information: Full name of nominee, Percent Administrator, U.S. Small Business occupation, physical address, telephone Administration, 409 3rd Street SW, number, and email. For Physical Damage: Washington, DC 20416, or emailed to All nominees are required to submit Non-Profit Organizations with [email protected]. an SBA Form 898 and resume and are Credit Available Elsewhere ... 2.000 FOR FURTHER INFORMATION CONTACT: subject to a conflict of interest Non-Profit Organizations with- Kendall Corley, Office of the determination by SBA and will not be out Credit Available Else- Administrator, U.S. Small Business where ...... 2.000 considered eligible until such For Economic Injury: Administration, 409 Third Street SW, determination is made. Please email all Non-Profit Organizations with- Washington, DC 20416; Kendall.Corley@ nomination information to Kendall out Credit Available Else- sba.gov; 202–205–6605. Corley at [email protected]. where ...... 2.000 SUPPLEMENTARY INFORMATION: Pursuant Andrienne Johnson, to section 9(a)(2) of the Federal The number assigned to this disaster Advisory Committee Act (FACA) (5 Committee Management Officer. for physical damage is 16997 C and for U.S.C. Appendix 2), and FACA [FR Doc. 2021–12548 Filed 6–14–21; 8:45 am] economic injury is 16998 0. implementing regulations in 41 CFR BILLING CODE P (Catalog of Federal Domestic Assistance 102–3.130(a), SBA announces the meeting of the Council on Underserved Number 59008) SMALL BUSINESS ADMINISTRATION Communities Advisory Board. This Barbara Carson, Board provides advice and counsel to [Disaster Declaration #16934 and #16935; Acting Associate Administrator for Disaster the SBA Administrator. CUC members Kentucky Disaster Number KY–00085] Assistance. will examine the obstacles facing small [FR Doc. 2021–12543 Filed 6–14–21; 8:45 am] businesses in underserved communities Presidential Declaration Amendment of BILLING CODE 8026–03–P and recommend to SBA policy and a Major Disaster for Public Assistance programmatic changes to help Only for the Commonwealth of strengthen SBA’s programs and services Kentucky SMALL BUSINESS ADMINISTRATION to these communities. AGENCY: Small Business Administration. Council on Underserved Communities Purpose ACTION: Amendment 3. AGENCY: Small Business Administration. The CUC provides advice, ideas and SUMMARY: This is an amendment of the ACTION: Solicit nominations of current opinions on SBA programs and services Presidential declaration of a major and former small business owners, and issues of interest to small disaster for Public Assistance Only for community leaders, officials from small businesses in underserved communities. the Commonwealth of Kentucky business trade associations, and Among other things, its members will (FEMA–4595–DR), dated 04/23/2021. academic institutions to serve on the provide an essential connection Incident: Severe Storms, Flooding, Council of Underserved Communities. between SBA and small businesses in Landslides, and Mudslides. inner city and rural communities. The Incident Period: 02/27/2021 through SUMMARY: The SBA Office of the Council’s scope of activities includes 03/14/2021. Administrator (OA) is issuing this reviewing SBA current programs and DATES: Issued on 06/07/2021. notice to solicit nominations of policies, while working towards Physical Loan Application Deadline qualified former and current small creating new and insightful place-based Date: 06/22/2021.

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Economic Injury (EIDL) Loan SUPPLEMENTARY INFORMATION: The and Delegation of Authority No. 236–3 Application Deadline Date: 01/24/2022. foregoing determinations were made of August 28, 2000. pursuant to the authority vested in me ADDRESSES: Submit completed loan Matthew R. Lussenhop, applications to: U.S. Small Business by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order Acting Assistant Secretary, Bureau of Administration, Processing and Educational and Cultural Affairs, Department Disbursement Center, 14925 Kingsport 12047 of March 27, 1978, the Foreign of State. Affairs Reform and Restructuring Act of Road, Fort Worth, TX 76155. [FR Doc. 2021–12468 Filed 6–14–21; 8:45 am] 1998 (112 Stat. 2681, et seq.; 22 U.S.C. FOR FURTHER INFORMATION CONTACT: A. BILLING CODE 4710–05–P Escobar, Office of Disaster Assistance, 6501 note, et seq.), Delegation of U.S. Small Business Administration, Authority No. 234 of October 1, 1999, 409 3rd Street SW, Suite 6050, and Delegation of Authority No. 236–3 DEPARTMENT OF STATE Washington, DC 20416, (202) 205–6734. of August 28, 2000. [Public Notice: 11444] SUPPLEMENTARY INFORMATION: The notice Matthew R. Lussenhop, of the President’s major disaster Acting Assistant Secretary, Bureau of 60-Day Notice of Proposed Information declaration for Private Non-Profit Educational and Cultural Affairs, Department Collection: Electronic Choice of organizations in the Commonwealth of of State. Address and Agent Kentucky, dated 04/23/2021, is hereby [FR Doc. 2021–12469 Filed 6–14–21; 8:45 am] ACTION: Notice of request for public amended to include the following areas BILLING CODE 4710–05–P as adversely affected by the disaster. comment. Primary Counties: Madison. SUMMARY: The Department of State is All other information in the original DEPARTMENT OF STATE seeking Office of Management and declaration remains unchanged. Budget (OMB) approval for the (Catalog of Federal Domestic Assistance [Public Notice: 11445] information collection described below. Number 59008) In accordance with the Paperwork Notice of Determinations; Culturally Reduction Act of 1995, we are Barbara Carson, Significant Objects Being Imported for requesting comments on this collection Acting Associate Administrator for Disaster Exhibition—Determinations: from all interested individuals and Assistance. ‘‘Surrealism Beyond Borders’’ organizations. The purpose of this [FR Doc. 2021–12542 Filed 6–14–21; 8:45 am] Exhibition notice is to allow 60 days for public BILLING CODE 8026–03–P comment preceding submission of the SUMMARY: Notice is hereby given of the collection to OMB. following determinations: I hereby DATES: The Department will accept DEPARTMENT OF STATE determine that certain objects being comments from the public up to August imported from abroad pursuant to [Public Notice: 11447] 16, 2021. agreements with their foreign owners or ADDRESSES: You may submit comments Notice of Determinations; Culturally custodians for temporary display in the by any of the following methods: Significant Objects Being Imported for exhibition ‘‘Surrealism Beyond • Web: Persons with access to the Exhibition—Determinations: ‘‘Magna Borders’’ at The Metropolitan Museum internet may comment on this notice by Carta: Tyranny. Justice. Liberty.’’ of Art, New York, New York, and at going to www.Regulations.gov. You can Exhibition possible additional exhibitions or search for the document by entering venues yet to be determined, are of ‘‘Docket Number: DOS–2021–0013’’ in SUMMARY: Notice is hereby given of the cultural significance, and, further, that the Search field. Then click the following determinations: I hereby their temporary exhibition or display ‘‘Comment Now’’ button and complete determine that certain objects being within the United States as the comment form. imported from abroad pursuant to aforementioned is in the national • Email: PRA_BurdenComments@ agreements with their foreign owner or interest. I have ordered that Public state.gov. custodian for temporary display in the Notice of these determinations be • Phone: Dylan Aikens at 202–485– exhibition ‘‘Magna Carta: Tyranny. published in the Federal Register. 7586. Justice. Liberty.’’ at the Museum of the You must include the DS form FOR FURTHER INFORMATION CONTACT: Chi Bible, Washington, District of Columbia, number (if applicable), information D. Tran, Program Administrator, Office and at possible additional exhibitions or collection title, and the OMB control venues yet to be determined, are of of the Legal Adviser, U.S. Department of number in any correspondence. State (telephone: 202–632–6471; email: cultural significance, and, further, that FOR FURTHER INFORMATION CONTACT: their temporary exhibition or display [email protected]). The mailing address is U.S. Department of State, L/ Direct requests for additional within the United States as information regarding the collection aforementioned is in the national PD, SA–5, Suite 5H03, Washington, DC 20522–0505. listed in this notice, including requests interest. I have ordered that Public for copies of the proposed collection Notice of these determinations be SUPPLEMENTARY INFORMATION: The instrument and supporting documents, published in the Federal Register. foregoing determinations were made to Dylan Aikens at 202–485–7586 or FOR FURTHER INFORMATION CONTACT: Chi pursuant to the authority vested in me [email protected]. D. Tran, Program Administrator, Office by the Act of October 19, 1965 (79 Stat. SUPPLEMENTARY INFORMATION: of the Legal Adviser, U.S. Department of 985; 22 U.S.C. 2459), Executive Order • Title of Information Collection: State (telephone: 202–632–6471; email: 12047 of March 27, 1978, the Foreign Electronic Choice of Address and Agent. [email protected]). The mailing Affairs Reform and Restructuring Act of • OMB Control Number: 1405–0186. address is U.S. Department of State, 1998 (112 Stat. 2681, et seq.; 22 U.S.C. • Type of Request: Extension of a L/PD, SA–5, Suite 5H03, Washington, 6501 note, et seq.), Delegation of Currently Approved Collection. DC 20522–0505. Authority No. 234 of October 1, 1999, • Originating Office: CA/VO.

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• Form Number: DS–261. TENNESSEE VALLEY AUTHORITY Environmental Policy Act at 18 CFR • Respondents: Beneficiaries of part 1318. TVA is an agency and approved immigrant visa petitions. Environmental Impact Statement for instrumentality of the United States, • Estimated Number of Respondents: Kingston Fossil Plant Retirement established by an act of Congress in 1933, to foster the social and economic 11,000. AGENCY: Tennessee Valley Authority. • Estimated Number of Responses: welfare of the people of the Tennessee ACTION: Notice of intent. 11,000. Valley region and to promote the proper • use and conservation of the region’s Average Time per Response: 10 SUMMARY: The Tennessee Valley natural resources. One component of minutes. Authority (TVA) intends to prepare an this mission is the generation, • Total Estimated Burden Time: 1,833 Environmental Impact Statement (EIS) transmission, and sale of reliable and hours. to assess the impacts associated with the affordable electric energy. • Frequency: On Occasion. proposed retirement of the nine coal- • Obligation to Respond: Required to fired units at the Kingston Fossil Plant Background Obtain or Retain a Benefit. (KIF) and the construction and In June 2019, TVA published the 2019 We are soliciting public comments to operation of facilities to replace the Integrated Resource Plan (IRP), which permit the Department to: retired generation. TVA will use the EIS was developed with input from • Evaluate whether the proposed process to elicit and prioritize the stakeholder groups and the general information collection is necessary for values and concerns of stakeholders; public. The 2019 IRP evaluated six the proper functions of the Department. formulate, evaluate and compare scenarios (plausible futures) and five • Evaluate the accuracy of our alternatives; provide opportunities for strategies (potential TVA responses to estimate of the time and cost burden for public review and comment; and ensure those futures) and identified a range of this proposed collection, including the that TVA’s evaluation of potential potential resource additions and validity of the methodology and retirement and replacement energy retirements throughout the TVA power assumptions used. generation reflects a full range of service area, which encompasses • Enhance the quality, utility, and stakeholder input. Public comment is approximately 80,000 square miles clarity of the information to be invited concerning the scope of the EIS, covering most of Tennessee and parts of collected. alternatives being considered, and Alabama, Georgia, Kentucky, • Minimize the reporting burden on environmental issues that should be Mississippi, North Carolina, and those who are to respond, including the addressed as a part of this EIS. TVA is Virginia. The target supply mix adopted use of automated collection techniques also requesting data, information and by the TVA Board through the 2019 IRP or other forms of information analysis relevant to the proposed action included the potential retirement of technology. from the public; affected Federal, State, 2,200 MW of coal-fired generation by Please note that comments submitted tribal, and local governments, agencies, 2038. The IRP acknowledged continued in response to this Notice are public and offices; the scientific community; operational challenges for the aging coal record. Before including any detailed industry; or any other interested party. fleet and included a recommendation to personal information, you should be DATES: To ensure consideration, conduct end-of-life evaluations during aware that your comments as submitted, comments on the scope and the term of the IRP to determine including your personal information, environmental issues must be whether retirements greater than 2,200 will be available for public review. postmarked, emailed or submitted MW would be appropriate. Following online no later than July 15, 2021. To the publication of the IRP, TVA began Abstract of Proposed Collection facilitate the scoping process, TVA will conducting these evaluations to inform The DS–261 allows the beneficiary of hold a public scoping meeting; see long-term planning. TVA’s recent an approved and current immigrant visa http://www.tva.gov/nepa for more evaluation confirms that the aging coal petition to provide the Department with information on the meeting. fleet is among the oldest in the nation and is experiencing deterioration of his or her preferred email address, ADDRESSES: Written comments should which will be used for communications be sent to Chevales Williams, NEPA material condition and performance with the beneficiary. The DS–261 also Compliance Specialist, 1101 Market challenges. The performance challenges are projected to increase because of the allows the beneficiary to appoint an Street, BRC 2C, Chattanooga, TN 37402. coal fleet’s advancing age and the agent to receive mailings from the Comments may also be submitted online difficulty of adapting the fleet’s National Visa Center (NVC) and assist in at: www.tva.gov/nepa, or by email at generation within the changing the filing of various application forms [email protected]. Please note that, due to generation profile; and, in general, and/or paying the required fees. The current TVA requirements for many because the coal fleet is contributing to beneficiary is not required to appoint an employees to work remotely, TVA environmental, economic, and agent but must provide current contact recommends the public submit information. All cases will be held at reliability risks. comments electronically to ensure their KIF is located in Harriman, Roane NVC until the DS–261 is electronically timely review and consideration. submitted to the Department. County, Tennessee, approximately 35 FOR FURTHER INFORMATION CONTACT: miles west of downtown Knoxville. The Methodology Please contact Chevales Williams at the plant is on a large reservation of address above, by phone at (423) 751– Applicants will complete the form approximately 1,255 acres situated on a 7316 or email at [email protected]. online and submit it electronically to peninsula formed by the confluence of the Department. SUPPLEMENTARY INFORMATION: This the Clinch and Emory Rivers at the notice is provided in accordance with Clinch River. Built between 1954 and Kevin E. Bryant, the regulations promulgated by Council 1955, the nine-unit, coal-fired steam- Deputy Director, Office of Directives on Environmental Quality at 40 CFR generating plant has a summer net Management, Department of State. parts 1500 to 1508 (84 FR 43304, July capability of 1,398 megawatts (MW). [FR Doc. 2021–12422 Filed 6–14–21; 8:45 am] 16, 2020) and TVA’s procedures The intensive cycling of the KIF units, BILLING CODE 4710–06–P implementing the National reflected in start-up/shutdown events

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averaging greater than 85 times per year, • ecological, After consideration of the comments is outside the intended design basis of • cultural resources, received during this scoping period, the plant. Additionally, KIF has been • transportation, TVA will summarize public and agency dealing with significant material • visual and noise, comments, identify the issues and condition issues over the last five years. • socioeconomic impacts and alternatives to be addressed in the draft Lower boiler drum repairs at KIF are environmental justice. EIS, and identify the schedule for symptomatic of age-driven material The EIS will include discussion and completing the EIS process. Following condition failures that are difficult to review of any proposed natural gas analysis of the issues, TVA will prepare proactively address. Based on this pipeline(s) that would be a necessary a draft EIS for public review and analysis, TVA has developed planning component of a new proposed CC or CT comment. Notice of availability of the assumptions for KIF retirement. TVA plants under Alternatives A or B. draft EIS will be published by the U.S. proposes to retire three units as early as Currently under Alternative A, TVA is Environmental Protection Agency in the 2026, but no later than 2031, and the considering replacing generation at the Federal Register. TVA will solicit remaining six units as early as 2027, but KIF location, which would require written comments on the draft EIS and no later than 2033, dependent on approximately 125 miles of natural gas also hold a public open house, which internal and external factors that could pipeline facilities that will, to the extent may be virtual, for this purpose. TVA affect bringing replacement generation practicable, be located within or expects to release the draft EIS in online. adjacent to an existing pipeline right of Summer of 2022. TVA anticipates The Kingston EIS will assess the way, to bring gas supply to the KIF issuing the final EIS in Spring of 2023 impact of retiring all KIF units and of reservation. The construction of the and a record of decision at least 30 days replacing the generation of those units, natural gas pipeline(s) would be subject after its release. as discussed in the Alternatives section to Federal Energy Regulatory below. To recover the generation Rebecca Tolene, Commission (FERC) jurisdiction and Vice President, Environment. capacity lost from retirement of the KIF additional review will be undertaken by [FR Doc. 2021–12693 Filed 6–14–21; 8:45 am] units and to account for future load FERC in accordance with its own NEPA BILLING CODE 8120–08–P growth, TVA is proposing the addition procedures. TVA’s proposed action may of approximately 1,450 MW of also require issuance of an Individual or replacement generation. To maintain Nationwide Permit under Section 404 of DEPARTMENT OF TRANSPORTATION adequate reserves on the TVA system, the Clean Water Act; Section 401 Water this 1,450 MW of replacement Quality Certification; conformance with Federal Aviation Administration generation would need to be in Executive Orders on Environmental commercial operation prior to the Justice (12898), Wetlands (11990), Noise Exposure Map Notice, Sikorsky retirement of KIF. Floodplain Management (11988), Memorial Airport, Stratford, Alternatives Migratory Birds (13186), and Invasive Connecticut Species (13112); and compliance with TVA anticipates that the scope of the AGENCY: Federal Aviation EIS will include various alternatives in Section 106 of the National Historic Preservation Act, Section 7 of the Administration, DOT. addition to the no action alternative ACTION: Notice. (continuing to operate KIF with needed Endangered Species Act, and other applicable Local, Federal and State regulatory updates). TVA plans to SUMMARY: The Federal Aviation evaluate three action alternatives in the regulations. Administration (FAA) announces its EIS: (A) Retirement of KIF and Scoping Process determination that the noise exposure construction and operation of a maps for Sikorsky Memorial Airport, as Scoping, which is integral to the Combined Cycle Combustion Turbine submitted by the City of Bridgeport, process for implementing NEPA, (CC) Gas Plant at the same site; (B) Connecticut. provides an early and open process to Retirement of KIF, investment in local ensure that (1) issues are identified early DATES: Applicable Date: The applicable and regional transmission, and and properly studied; (2) issues of little date of the FAA’s determination on the construction and operation of Simple significance do not consume substantial noise exposure maps is June 8, 2021. Cycle Combustion Turbine (CT) Gas time and effort; (3) the draft EIS is FOR FURTHER INFORMATION CONTACT: Plants at alternate locations; (C) thorough and balanced; and (4) delays Richard Doucette, Federal Aviation Retirement of KIF and construction and caused by an inadequate EIS are Administration, New England Region, operation of Solar and Storage Facilities, avoided. TVA invites members of the Airports Division, 1200 District Avenue, primarily at alternate locations. public as well as Federal, state, and Burlington, Massachusetts 01803. Potential connected actions, such as the local agencies and federally recognized Office: 781–238–7613. natural gas pipeline and transmission Indian tribes to comment on the scope upgrades as necessary for any particular SUPPLEMENTARY INFORMATION: This of the EIS. Information about this alternative, will also be considered in notice announces that the FAA finds project is available on the TVA web this assessment. that the noise exposure maps submitted page at www.tva.gov/nepa, including a for Sikorsky Memorial Airport are in Issues To Be Addressed in EIS link to a virtual public meeting room compliance with applicable The EIS will address the effects of and an online public comment page. requirements of Part 150, effective June each alternative on the environment, Comments on the scope of this EIS 8, 2021. including should be submitted no later than the Under Section 103 of Title I of the • Emissions of greenhouse gases, date given under the DATES section of Aviation Safety and Noise Abatement • fuel consumption, this notice. Any comments received, Act of 1979 (hereinafter referred to as • air quality, including names and addresses, will ‘‘the Act’’), an airport operator may • water quality and quantity, become part of the administrative record submit to the FAA noise exposure maps • waste generation and disposal, and will be available for public that meet applicable regulations and • land use, inspection. that depict non-compatible land uses as

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of the date of submission of such maps, the surface rests exclusively with the SUPPLEMENTARY INFORMATION: The a description of projected aircraft airport operator that submitted the map FHWA, in cooperation with the operations, and the ways in which such or with those public agencies and Wisconsin Department of operations will affect such maps. The planning agencies with which Transportation (WisDOT), will prepare a Act requires such maps to be developed consultation is required under Section SEIS in accordance with 23 CFR in consultation with interested and 103 of the Act. The FAA has relied on 771.130 for proposed improvements affected parties in the local community, the certification by the airport operator, along approximately 3.5 miles of I–94 government agencies, and persons using under Section 150.21 of 14 CFR part (70th Street–16th Street) in Milwaukee the airport. 150, that the statutorily required County, WI. The project includes the An airport operator who has consultation has been accomplished. following interchanges: 68th Street/70th submitted such noise exposure maps Copies of the noise exposure maps Street, Hawley Road, Mitchell that are found by FAA to be in and of the FAA’s evaluation of the maps Boulevard, the Stadium Interchange (I– compliance with the requirements of 14 are available for examination at the 94/WIS 175/Miller Park Way), 35th CFR part 150, promulgated pursuant to following locations: Street, and 25th/26th/28th Street. The Title I of the Act, may submit a noise Sikorsky Memorial Airport, 100 Great Bluemound Road/Wisconsin Avenue/ compatibility program for FAA approval Meadow Road, Stratford, Connecticut Wells Street interchange with WIS 175 that sets forth the measures the operator 06615 is also included. The purpose of the has taken, or proposes, for the Federal Aviation Administration, New project remains the same as the original introduction of additional non- England Region, Airports Division, EIS: To address the deteriorated compatible uses. 1200 District Avenue, Burlington, condition of I–94, obsolete roadway and The FAA has completed its review of Massachusetts 01803 bridge design, existing and future traffic the noise exposure map and related demand, and high crash rates. The SEIS descriptions submitted by Bridgeport, Questions may be directed to the will evaluate and provide additional Connecticut. The specific maps under individual named above under the analysis, if needed, on any new or consideration were ‘‘Existing Conditions heading: FOR FURTHER INFORMATION changed impacts to the human and (2021) Noise Exposure Map’’ (Figure 9 CONTACT. natural environment since the approval on page 38) and ‘‘Forecast Conditions Issued in Burlington, Massachusetts on of the January 29, 2016 final EIS (FEIS). (2026) Noise Exposure Map’’ (Figure 10 June 8, 2021. For example, potential changes in study on page 40). The FAA has determined Julie Seltsam-Wilps, area traffic patterns resulting from the that these maps for Sikorsky Memorial Deputy Division Director, FAA New England pandemic, or potential changes in traffic Airport are in compliance with Region, Airports Division. patterns resulting from the construction applicable requirements. This [FR Doc. 2021–12354 Filed 6–14–21; 8:45 am] of, or may result from, the identification determination is effective on June 8, BILLING CODE 4910–13–P of funding for transportation projects 2021. identified in the regional transportation FAA’s determination on an airport improvement plan for the area. Also, as operator’s noise exposure maps is DEPARTMENT OF TRANSPORTATION identified in the original EIS, FHWA limited to a finding that the maps were and WisDOT propose funding for the developed in accordance with the Federal Highway Administration Milwaukee County East-West Bus Rapid procedures contained in Appendix A of Transit project as traffic mitigation 14 CFR part 150. Such determination Notice of Intent To Prepare a during the construction of the I–94 does not constitute approval of the Supplemental Environmental Impact project. applicant’s data, information or plans, Statement: Milwaukee County The SEIS will follow the same process or a commitment to approve a noise AGENCY: Federal Highway and format as the original EIS (i.e., draft, compatibility program or to fund the Administration (FHWA), DOT. final, record of decision (ROD)), except implementation of that program. that scoping is not required. Per 40 CFR ACTION: If questions arise concerning the Notice of intent. 1506.13, the SEIS will follow Council precise relationship of specific SUMMARY: on Environmental Quality regulations in properties to noise exposure contours The FHWA is issuing this notice to advise the public that a effect prior to September 14, 2020. The depicted on a noise exposure map original EIS and other project submitted under Section 103 of the Act, supplemental environmental impact statement (SEIS) will be prepared for a documents will be available on the I–94 it should be noted that the FAA is not project website http:// involved in any way in determining the proposed freeway corridor improvement project on I–94 in Milwaukee County, www.wisconsindot.gov/94eastwest. relative locations of specific properties Public involvement is a critical Wisconsin. with regard to the depicted noise component of the project development contours, or in interpreting the noise FOR FURTHER INFORMATION CONTACT: process and will occur throughout the exposure maps to resolve questions Bethaney Bacher-Gresock, development of the SEIS. The draft SEIS concerning, for example, which Environmental Program and Project will be made available for public and properties should be covered by the Specialist, FHWA Wisconsin Division agency review and comment prior to the provisions of Section 107 of the Act. Office, City Center West, 525 Junction public hearing. After public review of These functions are inseparable from Road, Suite 8000, Madison, WI 53717; the draft SEIS and public hearing, the ultimate land use control and email [email protected]; FHWA and WisDOT will issue a final planning responsibilities of local telephone: (608) 662–2119. Joshua SEIS and ROD. The final SEIS and ROD government. These local responsibilities LeVeque, Wisconsin Department of may be issued as one combined are not changed in any way under Part Transportation (WisDOT) Project document pursuant to 23 U.S.C. 150 or through FAA’s review of a noise Manager, WisDOT SE-Region Office, 139(n)(2) and 23 CFR 771.124, unless exposure map. Therefore, the 141 NW Barstow Street, P.O. Box 798, criteria are met for issuing the responsibility for the detailed Waukesha, WI 53188 email documents separately. overlaying of noise exposure contours [email protected]; telephone: To ensure that the full range of issues onto the map depicting properties on (414) 750–1468. related to the proposed action are

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identified, comments and suggestions implementing regulations, 5 CFR part persistent poverty and inequality have a are invited from all interested parties. 1320, require Federal agencies to issue disproportionate number of observed Comments or questions concerning this two notices seeking public comment on trespassing incidents that necessitate proposed action can be directed to the information collection activities before new or enhanced outreach efforts. FHWA or WisDOT contacts listed OMB may approve paperwork packages. Utilizing the information collection as a above. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 whole, FRA can then, with its outreach (Catalog of Federal Domestic Assistance through 1320.12. On March 15, 2021, partners, such as Operation Lifesaver Program Number 20.205, Highway Planning FRA published a 60-day notice in the and Safe Kids Worldwide, direct future and Construction. The regulations Federal Register soliciting comment on trespasser prevention campaigns to all implementing Executive Order 12372 the ICR for which it is now seeking communities with a high number of regarding intergovernmental consultation on OMB approval. See 86 FR 14359. FRA observed trespassing incidents and Federal programs and activities apply to this received two comments in response to fashion these efforts to maximize their program.) this 60-day notice. effectiveness. Issued on: June 9, 2021. The Vermont Rail Action Network FRA received another comment in Bethaney L. Bacher-Gresock, expressed its concerns to FRA about the response to this 60-day notice from Dr. Environmental Program and Project accuracy of the law enforcement agency Rapik Saat, expressing his support for Specialist, Federal Highway Administration, data proposed to be collected on FRA F this ICR and suggesting that FRA collect Madison Wisconsin. 6180.178, specifically the data on race, information related to trespassers’ [FR Doc. 2021–12481 Filed 6–14–21; 8:45 am] ethnicity, and to a lesser extent, age. socioeconomic conditions such as BILLING CODE 4910–22–P The advocacy group argues that occupation and income level. At the problematic policing practices will present time, FRA does not plan to result in FRA having an inaccurate collect this socioeconomic data from DEPARTMENT OF TRANSPORTATION picture of those who trespass along law enforcement agencies because this railroad rights-of-way in the United information is not part of the agencies’ Federal Railroad Administration States because it asserts that the law standard data collection practices and [Docket No. FRA–2021–0006–N–7] enforcement data will be distorted would create an undue paperwork towards a higher proportion of burden on them. Proposed Agency Information trespassers who are African American. FRA also wishes to inform the public Collection Activities; Comment FRA has considered Vermont Rail that it has made two changes to FRA F Request Action Network’s feedback, but believes 6180.178 based on internal feedback. that collecting demographic information FRA added a clarifying footnote noting AGENCY: Federal Railroad is important to its goals of reducing the that railroads must continue to submit Administration (FRA), Department of annual number of injuries and fatalities any and all forms for an accident/ Transportation (DOT). arising from trespassing activities. FRA incident that are required under 49 CFR ACTION: Notice of information collection; plans to utilize the information part 225. FRA also added a data field in request for comment. collected primarily to develop targeted which law enforcement agencies can outreach campaigns to dissuade indicate whether the trespasser appears SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its individuals from trespassing. Prior to intoxicated. This field was inadvertently implementing regulations, this notice the creation of FRA F 6180.178, FRA excluded on the original proposed form. announces that FRA is forwarding the conducted extensive interviews with FRA will work with its outreach Information Collection Request (ICR) law enforcement agencies and partners to develop educational abstracted below to the Office of determined that this standard outreach initiatives and public service Management and Budget (OMB) for demographic data would allow FRA and announcement campaigns targeted to review and comment. The ICR describes its partners to create more impactful establishments that are located near the information collection and its educational anti-trespassing campaigns railroad tracks if intoxication is deemed expected burden. On March 15, 2021, through outreach to demographic to be a contributing factor to railroad FRA published a notice providing a 60- groups that have been observed by law trespassing. Before OMB decides whether to day period for public comment on the enforcement personnel trespassing approve the proposed collection of ICR. along railroad rights-of-way. The collection of this demographic information, it must provide 30 days for DATES: Interested persons are invited to information may also allow FRA to public comment. Federal law requires submit comments on or before July 15, better carry out the goals of the Biden- OMB to approve or disapprove 2021. Harris Administration’s Executive Order paperwork packages between 30 and 60 ADDRESSES: Written comments and 13985 on Advancing Racial Equity and days after the 30-day notice is recommendations for the proposed ICR Support for Underserved Communities published. 44 U.S.C. 3507(b)–(c); 5 CFR should be sent within 30 days of through the Federal Government 1 and 1320.10(b); see also 60 FR 44978, 44983 publication of this notice to DOT’s commitments in its Equity and (Aug. 29, 1995). OMB believes the 30- www.reginfo.gov/public/do/PRAMain. Access Policy Statement. By gathering day notice informs the regulated Find the particular ICR by selecting more demographic data, FRA will be community to file relevant comments ‘‘Currently under 30-day Review—Open better able to determine whether and affords the agency adequate time to for Public Comments’’ or by using the communities that are underserved, digest public comments before it search function. marginalized, or adversely affected by renders a decision. 60 FR 44983 (Aug. FOR FURTHER INFORMATION CONTACT: Ms. 29, 1995). Therefore, respondents Hodan Wells, Information Collection 1 See Executive Order 13985 directing the Federal should submit their respective Clearance Officer at email: Government to pursue a comprehensive approach comments to OMB within 30 days of [email protected] or telephone: to advance equity, civil rights, racial justice, and publication to best ensure having their (202) 493–0440. equal opportunity to strengthen communities that have been historically underserved, marginalized, full effect. SUPPLEMENTARY INFORMATION: The PRA, and adversely affected by persistent poverty and Comments are invited on the 44 U.S.C. 3501–3520, and its inequality. following ICR regarding: (1) Whether the

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information collection activities are dropdown boxes will assist FRA in Docket Management Facility location necessary for FRA to properly execute receiving more standardized responses. address is: U.S. Department of its functions, including whether the Type of Request: Approval of a new Transportation, MARAD–2021–0068, information will have practical utility; collection of information. 1200 New Jersey Avenue SE, West (2) the accuracy of FRA’s estimates of Affected Public: Public authorities. Building, Room W12–140, Washington, the burden of the information collection Form(s): FRA F 6180.178. DC 20590, between 9 a.m. and 5 p.m., activities, including the validity of the Respondent Universe: Law Monday through Friday, except on methodology and assumptions used to enforcement agencies. Federal holidays. determine the estimates; (3) ways for Frequency of Submission: Monthly. Note: If you mail or hand-deliver your Total Estimated Annual Responses: FRA to enhance the quality, utility, and comments, we recommend that you 3,300. clarity of the information being include your name and a mailing Total Estimated Annual Burden: 550 collected; and (4) ways to minimize the address, an email address, or a hours. burden of information collection telephone number in the body of your Total Estimated Annual Burden Hour activities on the public, including the document so that we can contact you if use of automated collection techniques Dollar Cost Equivalent: $26,180. Under 44 U.S.C. 3507(a) and 5 CFR we have questions regarding your or other forms of information submission. technology. 1320.5(b) and 1320.8(b)(3)(vi), FRA Instructions: All submissions received The summary below describes the ICR informs all interested parties that a must include the agency name and that FRA will submit for OMB clearance respondent is not required to respond as the PRA requires: to, conduct, or sponsor a collection of specific docket number. All comments Title: Report of Railroad Trespasser information that does not display a received will be posted without change Form. currently valid OMB control number. to the docket at www.regulations.gov, including any personal information OMB Control Number: 2130–NEW. Authority: 44 U.S.C. 3501–3520. Abstract: Trespasser deaths on provided. For detailed instructions on railroad rights-of-way and other railroad Brett A. Jortland, submitting comments, see the section property are the leading cause of Acting Chief Counsel. entitled Public Participation. fatalities attributable to railroad [FR Doc. 2021–12570 Filed 6–14–21; 8:45 am] FOR FURTHER INFORMATION CONTACT: operations in the United States. To BILLING CODE 4910–06–P James Mead, U.S. Department of address this serious issue, the railroad Transportation, Maritime industry, governments (Federal, State, Administration, 1200 New Jersey and local), and other interested parties DEPARTMENT OF TRANSPORTATION Avenue SE, Room W23–459, must know more about the individuals Washington, DC 20590. Telephone 202– who trespass. With such knowledge, Maritime Administration 366–5723, Email [email protected]. specific educational programs, [Docket No. MARAD–2021–0068] materials, and messages regarding the SUPPLEMENTARY INFORMATION: As described by the applicant, the intended hazards and consequences of Requested Administrative Waiver of service of the vessel SAILFUTURE is: trespassing on railroad property can be the Coastwise Trade Laws: developed and effectively distributed. SAILFUTURE (Motor Yacht); Invitation —Intended Commercial Use of Vessel: Due to the lack of available root cause for Public Comments ‘‘Commercial charter for 12 data, FRA proposes to collect data from passengers.’’ law enforcement agencies to develop AGENCY: Maritime Administration, DOT. —Geographic Region Including Base of general descriptions of the root causes ACTION: Notice. Operations: ‘‘Florida, Georgia, South of trespassing. This will allow FRA and Carolina, North Carolina, Maryland, SUMMARY: The Secretary of other interested parties, such as New York, Massachusetts, Maine.’’ Transportation, as represented by the Operation Lifesaver, to target audiences (Base of Operations: St Petersburg, FL) Maritime Administration (MARAD), is with appropriate education and ′ authorized to grant waivers of the U.S.- —Vessel Length and Type: 105 Motor enforcement campaigns to reduce the Yacht resulting annual number of injuries and build requirements of the coastwise fatalities. trade laws to allow the carriage of no The complete application is available Completion and submission of form more than twelve passengers for hire on for review identified in the DOT docket FRA F 6180.178 will be required for law vessels, which are three years old or as MARAD–2021–0068 at http:// enforcement agency grantees, as a more. A request for such a waiver has www.regulations.gov. Interested parties condition of FRA’s Railroad Trespassing been received by MARAD. The vessel, may comment on the effect this action Enforcement Grant. The grantees will and a brief description of the proposed may have on U.S. vessel builders or complete the form for each trespasser service, is listed below. businesses in the U.S. that use U.S.-flag incident in their jurisdiction, describing DATES: Submit comments on or before vessels. If MARAD determines, in the trespassers’ race/ethnicity, gender July 15, 2021. accordance with 46 U.S.C. 12121 and and age to the best of their abilities. For ADDRESSES: You may submit comments MARAD’s regulations at 46 CFR part law enforcement agencies not receiving identified by DOT Docket Number 388, that the issuance of the waiver will FRA’s Railroad Trespassing MARAD–2021–0068 by any one of the have an unduly adverse effect on a U.S.- Enforcement grants, completion and following methods: vessel builder or a business that uses submission of this form is voluntary. • Federal eRulemaking Portal: Go to U.S.-flag vessels in that business, a For convenience to the respondents, http://www.regulations.gov. Search waiver will not be granted. Comments FRA proposes an electronic option MARAD–2021–0068 and follow the should refer to the vessel name, state the where the respondents can respond via instructions for submitting comments. commenter’s interest in the waiver a web-based form. The web-based form • Mail or Hand Delivery: Docket application, and address the waiver also will facilitate FRA’s ability to Management Facility is in the West criteria given in section 388.4 of maintain the data collected in a more Building, Ground Floor of the U.S. MARAD’s regulations at 46 CFR part useful and uniform manner, as the Department of Transportation. The 388.

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Public Participation comments containing proprietary or Note: If you mail or hand-deliver your confidential information, please contact comments, we recommend that you How do I submit comments? the agency for alternate submission include your name and a mailing Please submit your comments, instructions. address, an email address, or a including the attachments, following the (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, telephone number in the body of your instructions provided under the above 46 U.S.C. 12121) document so that we can contact you if heading entitled ADDRESSES. Be advised * * * * * we have questions regarding your that it may take a few hours or even submission. days for your comment to be reflected By Order of the Acting Maritime Administrator. Instructions: All submissions received on the docket. In addition, your must include the agency name and T. Mitchell Hudson, Jr., comments must be written in English. specific docket number. All comments We encourage you to provide concise Secretary, Maritime Administration. received will be posted without change comments and you may attach [FR Doc. 2021–12536 Filed 6–14–21; 8:45 am] to the docket at www.regulations.gov, additional documents as necessary. BILLING CODE 4910–81–P including any personal information There is no limit on the length of the provided. For detailed instructions on attachments. submitting comments, see the section DEPARTMENT OF TRANSPORTATION Where do I go to read public comments, entitled Public Participation. and find supporting information? Maritime Administration FOR FURTHER INFORMATION CONTACT: Go to the docket online at http:// James Mead, U.S. Department of www.regulations.gov, keyword search [Docket No. MARAD–2021–0062] Transportation, Maritime MARAD–2021–0068 or visit the Docket Administration, 1200 New Jersey Coastwise Endorsement Eligibility Management Facility (see ADDRESSES for Avenue SE, Room W23–459, Determination for a Foreign-Built hours of operation). We recommend that Washington, DC 20590. Telephone 202– Vessel: SNOW GOOSE (Motor); you periodically check the Docket for 366–5723, Email [email protected]. Invitation for Public Comments new submissions and supporting SUPPLEMENTARY INFORMATION: As material. AGENCY: Maritime Administration, DOT. described in the application, the Will my comments be made available to ACTION: Notice. intended service of the vessel SNOW the public? GOOSE is: SUMMARY: The Secretary of Yes. Be aware that your entire Transportation, as represented by the —Intended Commercial Use of Vessel: comment, including your personal Maritime Administration (MARAD), is ‘‘I intend to use the boat as a floating identifying information, will be made authorized to issue coastwise classroom for photo students who publicly available. endorsement eligibility determinations attend my photo workshops. We would photograph all things nautical May I submit comments confidentially? for foreign-built vessels which will carry no more than twelve passengers for hire. from lighthouses, coastal villages If you wish to submit comments A request for such a determination has scenes, ocean scenes, marshes, birds, under a claim of confidentiality, you been received by MARAD. By this fishing boats and sailboats both should submit three copies of your notice, MARAD seeks comments from cruising and racing and ships.’’ complete submission, including the interested parties as to any effect this —Geographic Region Including Base of information you claim to be confidential action may have on U.S. vessel builders Operations: ‘‘The eastern seaboard of business information, to the Department or businesses in the U.S. that use U.S.- the US from Maine to Florida and all of Transportation, Maritime flag vessels. Information about the states in between.’’ (Base of Administration, Office of Legislation requestor’s vessel, including a brief Operations: Jamestown RI) and Regulations, MAR–225, W24–220, description of the proposed service, is —Vessel Length and Type: 32′ Motor 1200 New Jersey Avenue SE, listed below. Washington, DC 20590. Include a cover The complete application is available letter setting forth with specificity the DATES: Submit comments on or before for review identified in the DOT docket basis for any such claim and, if possible, July 15, 2021. as MARAD 2021–0062 at http:// a summary of your submission that can ADDRESSES: You may submit comments www.regulations.gov. Interested parties be made available to the public. identified by DOT Docket Number may comment on the effect this action MARAD–2021–0062 by any one of the may have on U.S. vessel builders or Privacy Act following methods: businesses in the U.S. that use U.S.-flag In accordance with 5 U.S.C. 553(c), • Federal eRulemaking Portal: Go to vessels. If MARAD determines, in DOT solicits comments from the public http://www.regulations.gov. Search accordance with 46 U.S.C. 12121 and to better inform its rulemaking process. MARAD–2021–0062 and follow the MARAD’s regulations at 46 CFR part DOT posts these comments, without instructions for submitting comments. 388, that the employment of the vessel edit, to www.regulations.gov, as • Mail or Hand Delivery: Docket in the coastwise trade to carry no more described in the system of records Management Facility is in the West than 12 passengers will have an unduly notice, DOT/ALL–14 FDMS, accessible Building, Ground Floor of the U.S. adverse effect on a U.S.-vessel builder or through www.dot.gov/privacy. To Department of Transportation. The a business that uses U.S.-flag vessels in facilitate comment tracking and Docket Management Facility location that business, MARAD will not issue an response, we encourage commenters to address is: U.S. Department of approval of the vessel’s coastwise provide their name, or the name of their Transportation, MARAD–2021–0062, endorsement eligibility. Comments organization; however, submission of 1200 New Jersey Avenue SE, West should refer to the vessel name, state the names is completely optional. Whether Building, Room W12–140, Washington, commenter’s interest in the application, or not commenters identify themselves, DC 20590, between 9 a.m. and 5 p.m., and address the eligibility criteria given all timely comments will be fully Monday through Friday, except on in section 388.4 of MARAD’s considered. If you wish to provide Federal holidays. regulations at 46 CFR part 388.

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Public Participation comments containing proprietary or Note: If you mail or hand-deliver your confidential information, please contact comments, we recommend that you How do I submit comments? the agency for alternate submission include your name and a mailing Please submit your comments, instructions. address, an email address, or a including the attachments, following the (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, telephone number in the body of your instructions provided under the above 46 U.S.C. 12121) document so that we can contact you if heading entitled ADDRESSES. Be advised * * * * * we have questions regarding your that it may take a few hours or even submission. days for your comment to be reflected By Order of the Acting Maritime Instructions: All submissions received on the docket. In addition, your Administrator. must include the agency name and comments must be written in English. T. Mitchell Hudson, Jr., specific docket number. All comments We encourage you to provide concise Secretary, Maritime Administration. received will be posted without change comments and you may attach [FR Doc. 2021–12537 Filed 6–14–21; 8:45 am] to the docket at www.regulations.gov, additional documents as necessary. BILLING CODE 4910–81–P including any personal information There is no limit on the length of the provided. For detailed instructions on attachments. submitting comments, see the section DEPARTMENT OF TRANSPORTATION Where do I go to read public comments, entitled Public Participation. FOR FURTHER INFORMATION CONTACT: and find supporting information? Maritime Administration James Mead, U.S. Department of Go to the docket online at http:// [Docket No. MARAD–2021–0045] Transportation, Maritime www.regulations.gov, keyword search Administration, 1200 New Jersey MARAD–2021–0062 or visit the Docket Coastwise Endorsement Eligibility Avenue SE, Room W23–459, Management Facility (see ADDRESSES for Determination for a Foreign-Built Washington, DC 20590. Telephone 202– hours of operation). We recommend that Vessel: Vessel ARIA’S SONG 366–5723, Email [email protected]. you periodically check the Docket for (Catamaran); Invitation for Public SUPPLEMENTARY INFORMATION: As new submissions and supporting Comments material. described in the application, the AGENCY: Maritime Administration, DOT. intended service of the vessel ARIA’S Will my comments be made available to ACTION: Notice. SONG is: the public? —Intended Commercial Use of Vessel: Yes. Be aware that your entire SUMMARY: The Secretary of ‘‘Scenic coastal cruising, sea life comment, including your personal Transportation, as represented by the watching, and occasional (non- identifying information, will be made Maritime Administration (MARAD), is commercial) fishing.’’ publicly available. authorized to issue coastwise —Geographic Region Including Base of endorsement eligibility determinations Operations: ‘‘California’’ (Base of May I submit comments confidentially? for foreign-built vessels which will carry Operations: Channel Islands, CA) If you wish to submit comments no more than twelve passengers for hire. —Vessel Length and Type: 42′ under a claim of confidentiality, you A request for such a determination has Catamaran should submit three copies of your been received by MARAD. By this The complete application is available complete submission, including the notice, MARAD seeks comments from for review identified in the DOT docket information you claim to be confidential interested parties as to any effect this as MARAD 2021–0045 at http:// business information, to the Department action may have on U.S. vessel builders www.regulations.gov. Interested parties of Transportation, Maritime or businesses in the U.S. that use U.S.- may comment on the effect this action Administration, Office of Legislation flag vessels. Information about the may have on U.S. vessel builders or and Regulations, MAR–225, W24–220, requestor’s vessel, including a brief businesses in the U.S. that use U.S.-flag 1200 New Jersey Avenue SE, description of the proposed service, is vessels. If MARAD determines, in Washington, DC 20590. Include a cover listed below. accordance with 46 U.S.C. 12121 and letter setting forth with specificity the DATES: Submit comments on or before MARAD’s regulations at 46 CFR part basis for any such claim and, if possible, July 15, 2021. 388, that the employment of the vessel a summary of your submission that can ADDRESSES: You may submit comments in the coastwise trade to carry no more be made available to the public. identified by DOT Docket Number than 12 passengers will have an unduly MARAD–2021–0045 by any one of the Privacy Act adverse effect on a U.S.-vessel builder or following methods: a business that uses U.S.-flag vessels in In accordance with 5 U.S.C. 553(c), • Federal eRulemaking Portal: Go to that business, MARAD will not issue an DOT solicits comments from the public http://www.regulations.gov. Search approval of the vessel’s coastwise to better inform its rulemaking process. MARAD–2021–0045 and follow the endorsement eligibility. Comments DOT posts these comments, without instructions for submitting comments. edit, to www.regulations.gov, as • Mail or Hand Delivery: Docket should refer to the vessel name, state the described in the system of records Management Facility is in the West commenter’s interest in the application, notice, DOT/ALL–14 FDMS, accessible Building, Ground Floor of the U.S. and address the eligibility criteria given through www.dot.gov/privacy. To Department of Transportation. The in section 388.4 of MARAD’s facilitate comment tracking and Docket Management Facility location regulations at 46 CFR part 388. response, we encourage commenters to address is: U.S. Department of Public Participation provide their name, or the name of their Transportation, MARAD–2021–0045, organization; however, submission of 1200 New Jersey Avenue SE, West How do I submit comments? names is completely optional. Whether Building, Room W12–140, Washington, Please submit your comments, or not commenters identify themselves, DC 20590, between 9 a.m. and 5 p.m., including the attachments, following the all timely comments will be fully Monday through Friday, except on instructions provided under the above considered. If you wish to provide Federal holidays. heading entitled ADDRESSES. Be advised

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that it may take a few hours or even By Order of the Acting Maritime Instructions: All submissions received days for your comment to be reflected Administrator. must include the agency name and on the docket. In addition, your T. Mitchell Hudson, Jr., specific docket number. All comments comments must be written in English. Secretary, Maritime Administration. received will be posted without change We encourage you to provide concise [FR Doc. 2021–12485 Filed 6–14–21; 8:45 am] to the docket at www.regulations.gov, comments and you may attach BILLING CODE 4910–81–P including any personal information additional documents as necessary. provided. For detailed instructions on There is no limit on the length of the submitting comments, see the section attachments. DEPARTMENT OF TRANSPORTATION entitled Public Participation. FOR FURTHER INFORMATION CONTACT: Where do I go to read public comments, Maritime Administration and find supporting information? James Mead, U.S. Department of [Docket No. MARAD–2021–0064] Transportation, Maritime Go to the docket online at http:// Administration, 1200 New Jersey www.regulations.gov, keyword search Coastwise Endorsement Eligibility Avenue SE, Room W23–459, MARAD–2021–0045 or visit the Docket Determination for a Foreign-Built Washington, DC 20590. Telephone 202– Management Facility (see ADDRESSES for Vessel: SHOWBOAT (Power—Express 366–5723, Email [email protected]. hours of operation). We recommend that Cruiser); Invitation for Public SUPPLEMENTARY INFORMATION: As you periodically check the Docket for Comments new submissions and supporting described in the application, the material. AGENCY: Maritime Administration, DOT. intended service of the vessel ACTION: Notice. SHOWBOAT is: Will my comments be made available to —Intended Commercial Use of Vessel: the public? SUMMARY: The Secretary of ‘‘6-Pack UPV Chartering.’’ Yes. Be aware that your entire Transportation, as represented by the —Geographic Region Including Base of comment, including your personal Maritime Administration (MARAD), is Operations: ‘‘Rhode Island, identifying information, will be made authorized to issue coastwise Massachusetts, New York, Illinois.’’ publicly available. endorsement eligibility determinations (Base of Operations: Chicago IL) for foreign-built vessels which will carry ′ May I submit comments confidentially? —Vessel Length and Type: 70 Power— no more than twelve passengers for hire. Express Cruiser If you wish to submit comments A request for such a determination has under a claim of confidentiality, you been received by MARAD. By this The complete application is available should submit three copies of your notice, MARAD seeks comments from for review identified in the DOT docket complete submission, including the interested parties as to any effect this as MARAD 2021–0064 at http:// information you claim to be confidential action may have on U.S. vessel builders www.regulations.gov. Interested parties business information, to the Department or businesses in the U.S. that use U.S.- may comment on the effect this action of Transportation, Maritime flag vessels. Information about the may have on U.S. vessel builders or Administration, Office of Legislation requestor’s vessel, including a brief businesses in the U.S. that use U.S.-flag and Regulations, MAR–225, W24–220, description of the proposed service, is vessels. If MARAD determines, in 1200 New Jersey Avenue SE, listed below. accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part Washington, DC 20590. Include a cover DATES: Submit comments on or before 388, that the employment of the vessel letter setting forth with specificity the July 15, 2021. basis for any such claim and, if possible, in the coastwise trade to carry no more ADDRESSES: You may submit comments than 12 passengers will have an unduly a summary of your submission that can identified by DOT Docket Number be made available to the public. adverse effect on a U.S.-vessel builder or MARAD–2021–0064 by any one of the a business that uses U.S.-flag vessels in Privacy Act following methods: that business, MARAD will not issue an • Federal eRulemaking Portal: Go to In accordance with 5 U.S.C. 553(c), approval of the vessel’s coastwise http://www.regulations.gov. Search DOT solicits comments from the public endorsement eligibility. Comments MARAD–2021–0064 and follow the to better inform its rulemaking process. should refer to the vessel name, state the instructions for submitting comments. commenter’s interest in the application, DOT posts these comments, without • Mail or Hand Delivery: Docket and address the eligibility criteria given edit, to www.regulations.gov, as Management Facility is in the West in section 388.4 of MARAD’s described in the system of records Building, Ground Floor of the U.S. regulations at 46 CFR part 388. notice, DOT/ALL–14 FDMS, accessible Department of Transportation. The through www.dot.gov/privacy. To Docket Management Facility location Public Participation facilitate comment tracking and address is: U.S. Department of How do I submit comments? response, we encourage commenters to Transportation, MARAD–2021–0064, provide their name, or the name of their 1200 New Jersey Avenue SE, West Please submit your comments, organization; however, submission of Building, Room W12–140, Washington, including the attachments, following the names is completely optional. Whether DC 20590, between 9 a.m. and 5 p.m., instructions provided under the above or not commenters identify themselves, Monday through Friday, except on heading entitled ADDRESSES. Be advised all timely comments will be fully Federal holidays. that it may take a few hours or even considered. If you wish to provide Note: If you mail or hand-deliver your days for your comment to be reflected comments containing proprietary or comments, we recommend that you on the docket. In addition, your confidential information, please contact include your name and a mailing comments must be written in English. the agency for alternate submission address, an email address, or a We encourage you to provide concise instructions. telephone number in the body of your comments and you may attach (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, document so that we can contact you if additional documents as necessary. 46 U.S.C. 12121) we have questions regarding your There is no limit on the length of the * * * * * submission. attachments.

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Where do I go to read public comments, DEPARTMENT OF TRANSPORTATION submitting comments, see the section and find supporting information? entitled Public Participation. Maritime Administration Go to the docket online at http:// FOR FURTHER INFORMATION CONTACT: www.regulations.gov, keyword search [Docket No. MARAD–2021–0050] James Mead, U.S. Department of MARAD–2021–0064 or visit the Docket Transportation, Maritime Coastwise Endorsement Eligibility Management Facility (see ADDRESSES for Administration, 1200 New Jersey Determination for a Foreign-Built hours of operation). We recommend that Avenue SE, Room W23–459, Vessel: SUN DOG (Catamaran); you periodically check the Docket for Washington, DC 20590. Telephone 202– Invitation for Public Comments new submissions and supporting 366–5723, Email [email protected]. material. AGENCY: Maritime Administration, SUPPLEMENTARY INFORMATION: As Transportation (DOT). described in the application, the Will my comments be made available to intended service of the vessel SUN DOG ACTION: Notice. the public? is: Yes. Be aware that your entire SUMMARY: The Secretary of —Intended Commercial Use of Vessel: comment, including your personal Transportation, as represented by the ‘‘Vessel is intended to be used for ad identifying information, will be made Maritime Administration (MARAD), is hoc coastwise 6-pack (UPV) day and publicly available. authorized to issue coastwise multi-day chartering, primarily in endorsement eligibility determinations South Florida, with occasional use in May I submit comments confidentially? for foreign-built vessels which will carry Georgia and South Carolina. Activities no more than twelve passengers for hire. If you wish to submit comments would fall under coastwise time A request for such a determination has under a claim of confidentiality, you charter as an uninspected vessel.’’ been received by MARAD. By this should submit three copies of your —Geographic Region Including Base of notice, MARAD seeks comments from complete submission, including the Operations: ‘‘Florida, Georgia, South interested parties as to any effect this information you claim to be confidential Carolina’’ (Base of Operations: Fort action may have on U.S. vessel builders business information, to the Department Lauderdale, FL) or businesses in the U.S. that use U.S.- of Transportation, Maritime —Vessel Length and Type: 44.8′ flag vessels. Information about the Administration, Office of Legislation Catamaran requestor’s vessel, including a brief and Regulations, MAR–225, W24–220, description of the proposed service, is The complete application is available 1200 New Jersey Avenue SE, listed below. for review identified in the DOT docket Washington, DC 20590. Include a cover as MARAD 2021–0050 at http:// letter setting forth with specificity the DATES: Submit comments on or before July 15, 2021. www.regulations.gov. Interested parties basis for any such claim and, if possible, may comment on the effect this action ADDRESSES: You may submit comments a summary of your submission that can may have on U.S. vessel builders or identified by DOT Docket Number be made available to the public. businesses in the U.S. that use U.S.-flag MARAD–2021–0050 by any one of the vessels. If MARAD determines, in Privacy Act following methods: accordance with 46 U.S.C. 12121 and • Federal eRulemaking Portal: Go to In accordance with 5 U.S.C. 553(c), MARAD’s regulations at 46 CFR part http://www.regulations.gov. Search DOT solicits comments from the public 388, that the employment of the vessel MARAD–2021–0050 and follow the to better inform its rulemaking process. in the coastwise trade to carry no more instructions for submitting comments. DOT posts these comments, without than 12 passengers will have an unduly • Mail or Hand Delivery: Docket edit, to www.regulations.gov, as adverse effect on a U.S.-vessel builder or Management Facility is in the West described in the system of records a business that uses U.S.-flag vessels in Building, Ground Floor of the U.S. notice, DOT/ALL–14 FDMS, accessible that business, MARAD will not issue an Department of Transportation. The through www.dot.gov/privacy. To approval of the vessel’s coastwise Docket Management Facility location facilitate comment tracking and endorsement eligibility. Comments address is: U.S. Department of response, we encourage commenters to should refer to the vessel name, state the Transportation, MARAD–2021–0050, provide their name, or the name of their commenter’s interest in the application, 1200 New Jersey Avenue SE, West organization; however, submission of and address the eligibility criteria given Building, Room W12–140, Washington, names is completely optional. Whether in section 388.4 of MARAD’s DC 20590, between 9 a.m. and 5 p.m., or not commenters identify themselves, regulations at 46 CFR part 388. all timely comments will be fully Monday through Friday, except on considered. If you wish to provide Federal holidays. Public Participation Note: If you mail or hand-deliver your comments containing proprietary or How do I submit comments? confidential information, please contact comments, we recommend that you the agency for alternate submission include your name and a mailing Please submit your comments, instructions. address, an email address, or a including the attachments, following the telephone number in the body of your instructions provided under the above (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, document so that we can contact you if heading entitled ADDRESSES. Be advised 46 U.S.C. 12121) we have questions regarding your that it may take a few hours or even * * * * * submission. days for your comment to be reflected By Order of the Acting Maritime Instructions: All submissions received on the docket. In addition, your Administrator. must include the agency name and comments must be written in English. specific docket number. All comments We encourage you to provide concise T. Mitchell Hudson, Jr., received will be posted without change comments and you may attach Secretary, Maritime Administration. to the docket at www.regulations.gov, additional documents as necessary. [FR Doc. 2021–12519 Filed 6–14–21; 8:45 am] including any personal information There is no limit on the length of the BILLING CODE 4910–81–P provided. For detailed instructions on attachments.

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Where do I go to read public comments, DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: and find supporting information? James Mead, U.S. Department of Maritime Administration Transportation, Maritime Go to the docket online at http:// [Docket No. MARAD–2021–0057] Administration, 1200 New Jersey www.regulations.gov, keyword search Avenue SE, Room W23–459, MARAD–2021–0050 or visit the Docket Coastwise Endorsement Eligibility Washington, DC 20590. Telephone 202– Management Facility (see ADDRESSES for Determination for a Foreign-Built 366–5723, Email [email protected]. hours of operation). We recommend that Vessel: INFUSION (Sportfisher); SUPPLEMENTARY INFORMATION: As you periodically check the Docket for Invitation for Public Comments described in the application, the new submissions and supporting intended service of the vessel AGENCY: material. Maritime Administration, DOT. INFUSION is: ACTION: Notice. Will my comments be made available to —Intended Commercial Use of Vessel: the public? SUMMARY: The Secretary of ‘‘Primary service will be small group Transportation, as represented by the dive vessel. Secondary service will be Yes. Be aware that your entire Maritime Administration (MARAD), is small group sportfishing.’’ comment, including your personal authorized to issue coastwise —Geographic Region Including Base of identifying information, will be made endorsement eligibility determinations Operations: ‘‘California’’ (Base of publicly available. for foreign-built vessels which will carry Operations: San Diego, CA) —Vessel Length and Type: 69.2′ May I submit comments confidentially? no more than twelve passengers for hire. A request for such a determination has Sportfisher If you wish to submit comments been received by MARAD. By this The complete application is available under a claim of confidentiality, you notice, MARAD seeks comments from for review identified in the DOT docket should submit three copies of your interested parties as to any effect this as MARAD 2021–0057 at http:// complete submission, including the action may have on U.S. vessel builders www.regulations.gov. Interested parties information you claim to be confidential or businesses in the U.S. that use U.S.- may comment on the effect this action business information, to the Department flag vessels. Information about the may have on U.S. vessel builders or of Transportation, Maritime requestor’s vessel, including a brief businesses in the U.S. that use U.S.-flag Administration, Office of Legislation description of the proposed service, is vessels. If MARAD determines, in and Regulations, MAR–225, W24–220, listed below. accordance with 46 U.S.C. 12121 and 1200 New Jersey Avenue SE, DATES: Submit comments on or before MARAD’s regulations at 46 CFR part Washington, DC 20590. Include a cover July 15, 2021. 388, that the employment of the vessel letter setting forth with specificity the ADDRESSES: You may submit comments in the coastwise trade to carry no more basis for any such claim and, if possible, identified by DOT Docket Number than 12 passengers will have an unduly a summary of your submission that can MARAD–2021–0057 by any one of the adverse effect on a U.S.-vessel builder or be made available to the public. following methods: a business that uses U.S.-flag vessels in • Federal eRulemaking Portal: Go to that business, MARAD will not issue an Privacy Act http://www.regulations.gov. Search approval of the vessel’s coastwise endorsement eligibility. Comments In accordance with 5 U.S.C. 553(c), MARAD–2021–0057 and follow the should refer to the vessel name, state the DOT solicits comments from the public instructions for submitting comments. • commenter’s interest in the application, to better inform its rulemaking process. Mail or Hand Delivery: Docket and address the eligibility criteria given DOT posts these comments, without Management Facility is in the West in section 388.4 of MARAD’s edit, to www.regulations.gov, as Building, Ground Floor of the U.S. regulations at 46 CFR part 388. described in the system of records Department of Transportation. The notice, DOT/ALL–14 FDMS, accessible Docket Management Facility location Public Participation through www.dot.gov/privacy. To address is: U.S. Department of How do I submit comments? facilitate comment tracking and Transportation, MARAD–2021–0057, response, we encourage commenters to 1200 New Jersey Avenue SE, West Please submit your comments, provide their name, or the name of their Building, Room W12–140, Washington, including the attachments, following the organization; however, submission of DC 20590, between 9 a.m. and 5 p.m., instructions provided under the above names is completely optional. Whether Monday through Friday, except on heading entitled ADDRESSES. Be advised or not commenters identify themselves, Federal holidays. that it may take a few hours or even all timely comments will be fully Note: If you mail or hand-deliver your days for your comment to be reflected considered. If you wish to provide comments, we recommend that you on the docket. In addition, your comments containing proprietary or include your name and a mailing comments must be written in English. confidential information, please contact address, an email address, or a We encourage you to provide concise the agency for alternate submission telephone number in the body of your comments and you may attach instructions. document so that we can contact you if additional documents as necessary. we have questions regarding your There is no limit on the length of the (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, submission. attachments. 46 U.S.C. 12121) Instructions: All submissions received * * * * * must include the agency name and Where do I go to read public comments, and find supporting information? By Order of the Acting Maritime specific docket number. All comments Administrator. received will be posted without change Go to the docket online at http:// to the docket at www.regulations.gov, www.regulations.gov, keyword search T. Mitchell Hudson, Jr., including any personal information MARAD–2021–0057 or visit the Docket Secretary, Maritime Administration. provided. For detailed instructions on Management Facility (see ADDRESSES for [FR Doc. 2021–12494 Filed 6–14–21; 8:45 am] submitting comments, see the section hours of operation). We recommend that BILLING CODE 4910–81–P entitled Public Participation. you periodically check the Docket for

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new submissions and supporting DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: material. James Mead, U.S. Department of Maritime Administration Transportation, Maritime Will my comments be made available to [Docket No. MARAD–2021–0060] Administration, 1200 New Jersey the public? Avenue SE, Room W23–459, Yes. Be aware that your entire Coastwise Endorsement Eligibility Washington, DC 20590. Telephone 202– 366–5723, Email [email protected]. comment, including your personal Determination for a Foreign-Built identifying information, will be made Vessel: SILVER LADY (Motor Yacht); SUPPLEMENTARY INFORMATION: As Invitation for Public Comments described in the application, the publicly available. intended service of the vessel SILVER AGENCY: Maritime Administration, DOT. May I submit comments confidentially? LADY is: ACTION: Notice. —Intended Commercial Use of Vessel: If you wish to submit comments SUMMARY: The Secretary of ‘‘Intended use is for overnight under a claim of confidentiality, you Transportation, as represented by the excursions of not more than 6 pack.’’ should submit three copies of your Maritime Administration (MARAD), is —Geographic Region Including Base of complete submission, including the authorized to issue coastwise Operations: ‘‘Alaska Excursions will information you claim to be confidential endorsement eligibility determinations primarily be departing Sitka, AK and business information, to the Department for foreign-built vessels which will carry returning to Sitka, AK.’’ (Base of of Transportation, Maritime Operations: Sitka, AK) no more than twelve passengers for hire. ′ Administration, Office of Legislation A request for such a determination has —Vessel Length and Type: 65 Motor and Regulations, MAR–225, W24–220, been received by MARAD. By this Yacht 1200 New Jersey Avenue SE, notice, MARAD seeks comments from The complete application is available Washington, DC 20590. Include a cover interested parties as to any effect this for review identified in the DOT docket letter setting forth with specificity the action may have on U.S. vessel builders as MARAD 2021–0060 at http:// basis for any such claim and, if possible, or businesses in the U.S. that use U.S.- www.regulations.gov. Interested parties a summary of your submission that can flag vessels. Information about the may comment on the effect this action be made available to the public. requestor’s vessel, including a brief may have on U.S. vessel builders or description of the proposed service, is businesses in the U.S. that use U.S.-flag Privacy Act listed below. vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and In accordance with 5 U.S.C. 553(c), DATES: Submit comments on or before MARAD’s regulations at 46 CFR part DOT solicits comments from the public July 15, 2021. ADDRESSES: You may submit comments 388, that the employment of the vessel to better inform its rulemaking process. in the coastwise trade to carry no more DOT posts these comments, without identified by DOT Docket Number MARAD–2021–0060 by any one of the than 12 passengers will have an unduly edit, to www.regulations.gov, as adverse effect on a U.S.-vessel builder or described in the system of records following methods: • Federal eRulemaking Portal: Go to a business that uses U.S.-flag vessels in notice, DOT/ALL–14 FDMS, accessible http://www.regulations.gov. Search that business, MARAD will not issue an through www.dot.gov/privacy. To MARAD–2021–0060 and follow the approval of the vessel’s coastwise facilitate comment tracking and instructions for submitting comments. endorsement eligibility. Comments response, we encourage commenters to • Mail or Hand Delivery: Docket should refer to the vessel name, state the provide their name, or the name of their Management Facility is in the West commenter’s interest in the application, organization; however, submission of Building, Ground Floor of the U.S. and address the eligibility criteria given names is completely optional. Whether Department of Transportation. The in section 388.4 of MARAD’s or not commenters identify themselves, Docket Management Facility location regulations at 46 CFR part 388. all timely comments will be fully address is: U.S. Department of Public Participation considered. If you wish to provide Transportation, MARAD–2021–0060, comments containing proprietary or 1200 New Jersey Avenue SE, West How do I submit comments? confidential information, please contact Building, Room W12–140, Washington, Please submit your comments, the agency for alternate submission DC 20590, between 9 a.m. and 5 p.m., including the attachments, following the instructions. Monday through Friday, except on instructions provided under the above Federal holidays. ADDRESSES (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, heading entitled . Be advised Note: If you mail or hand-deliver your 46 U.S.C. 12121) that it may take a few hours or even comments, we recommend that you days for your comment to be reflected * * * * * include your name and a mailing on the docket. In addition, your By Order of the Acting Maritime address, an email address, or a comments must be written in English. Administrator. telephone number in the body of your We encourage you to provide concise T. Mitchell Hudson, Jr., document so that we can contact you if comments and you may attach we have questions regarding your Secretary, Maritime Administration. additional documents as necessary. submission. There is no limit on the length of the [FR Doc. 2021–12499 Filed 6–14–21; 8:45 am] Instructions: All submissions received attachments. BILLING CODE 4910–81–P must include the agency name and specific docket number. All comments Where do I go to read public comments, received will be posted without change and find supporting information? to the docket at www.regulations.gov, Go to the docket online at http:// including any personal information www.regulations.gov, keyword search provided. For detailed instructions on MARAD–2021–0060 or visit the Docket submitting comments, see the section Management Facility (see ADDRESSES for entitled Public Participation. hours of operation). We recommend that

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you periodically check the Docket for DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: new submissions and supporting James Mead, U.S. Department of material. Maritime Administration Transportation, Maritime [Docket No. MARAD–2021–0069] Administration, 1200 New Jersey Will my comments be made available to Avenue SE, Room W23–459, the public? Coastwise Endorsement Eligibility Washington, DC 20590. Telephone 202– Yes. Be aware that your entire Determination for a Foreign-Built 366–5723, Email [email protected]. comment, including your personal Vessel: VALKYRIE (Sail); Invitation for SUPPLEMENTARY INFORMATION: As Public Comments identifying information, will be made described in the application, the publicly available. AGENCY: Maritime Administration, DOT. intended service of the vessel VALKYRIE is: ACTION: Notice. May I submit comments confidentially? —Intended Commercial Use of Vessel: SUMMARY: The Secretary of If you wish to submit comments ‘‘Sailing charters for 12 or less Transportation, as represented by the under a claim of confidentiality, you passengers.’’ Maritime Administration (MARAD), is —Geographic Region Including Base of should submit three copies of your authorized to issue coastwise Operations: ‘‘Ohio, Michigan, Florida, complete submission, including the endorsement eligibility determinations North Carolina, South Carolina.’’ information you claim to be confidential for foreign-built vessels which will carry (Base of Operations: Port Clinton, OH) business information, to the Department no more than twelve passengers for hire. —Vessel Length and Type: 52.8′ Sail of Transportation, Maritime A request for such a determination has Administration, Office of Legislation been received by MARAD. By this The complete application is available and Regulations, MAR–225, W24–220, notice, MARAD seeks comments from for review identified in the DOT docket 1200 New Jersey Avenue SE, interested parties as to any effect this as MARAD 2021–0069 at http:// Washington, DC 20590. Include a cover action may have on U.S. vessel builders www.regulations.gov. Interested parties letter setting forth with specificity the or businesses in the U.S. that use U.S.- may comment on the effect this action basis for any such claim and, if possible, flag vessels. Information about the may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag a summary of your submission that can requestor’s vessel, including a brief vessels. If MARAD determines, in be made available to the public. description of the proposed service, is listed below. accordance with 46 U.S.C. 12121 and Privacy Act MARAD’s regulations at 46 CFR part DATES: Submit comments on or before 388, that the employment of the vessel July 15, 2021. In accordance with 5 U.S.C. 553(c), in the coastwise trade to carry no more DOT solicits comments from the public ADDRESSES: You may submit comments than 12 passengers will have an unduly to better inform its rulemaking process. identified by DOT Docket Number adverse effect on a U.S.-vessel builder or DOT posts these comments, without MARAD–2021–0069 by any one of the a business that uses U.S.-flag vessels in edit, to www.regulations.gov, as following methods: that business, MARAD will not issue an • Federal eRulemaking Portal: Go to described in the system of records approval of the vessel’s coastwise http://www.regulations.gov. Search notice, DOT/ALL–14 FDMS, accessible endorsement eligibility. Comments MARAD–2021–0069 and follow the through www.dot.gov/privacy. To should refer to the vessel name, state the instructions for submitting comments. commenter’s interest in the application, facilitate comment tracking and • Mail or Hand Delivery: Docket and address the eligibility criteria given response, we encourage commenters to Management Facility is in the West in section 388.4 of MARAD’s provide their name, or the name of their Building, Ground Floor of the U.S. regulations at 46 CFR part 388. organization; however, submission of Department of Transportation. The names is completely optional. Whether Docket Management Facility location Public Participation or not commenters identify themselves, address is: U.S. Department of How do I submit comments? all timely comments will be fully Transportation, MARAD–2021–0069, considered. If you wish to provide 1200 New Jersey Avenue SE, West Please submit your comments, comments containing proprietary or Building, Room W12–140, Washington, including the attachments, following the confidential information, please contact DC 20590, between 9 a.m. and 5 p.m., instructions provided under the above the agency for alternate submission Monday through Friday, except on heading entitled ADDRESSES. Be advised instructions. Federal holidays. that it may take a few hours or even Note: If you mail or hand-deliver your days for your comment to be reflected (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, comments, we recommend that you on the docket. In addition, your 46 U.S.C. 12121) include your name and a mailing comments must be written in English. * * * * * address, an email address, or a We encourage you to provide concise By Order of the Acting Maritime telephone number in the body of your comments and you may attach Administrator. document so that we can contact you if additional documents as necessary. T. Mitchell Hudson, Jr., we have questions regarding your There is no limit on the length of the submission. attachments. Secretary, Maritime Administration. Instructions: All submissions received [FR Doc. 2021–12524 Filed 6–14–21; 8:45 am] must include the agency name and Where do I go to read public comments, and find supporting information? BILLING CODE 4910–81–P specific docket number. All comments received will be posted without change Go to the docket online at http:// to the docket at www.regulations.gov, www.regulations.gov, keyword search including any personal information MARAD–2021–0069 or visit the Docket provided. For detailed instructions on Management Facility (see ADDRESSES for submitting comments, see the section hours of operation). We recommend that entitled Public Participation. you periodically check the Docket for

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new submissions and supporting DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: material. James Mead, U.S. Department of Maritime Administration Transportation, Maritime Will my comments be made available to [Docket No. MARAD–2021–0052] Administration, 1200 New Jersey the public? Avenue SE, Room W23–459, Yes. Be aware that your entire Coastwise Endorsement Eligibility Washington, DC 20590. Telephone 202– comment, including your personal Determination for a Foreign-Built 366–5723, Email [email protected]. identifying information, will be made Vessel: GO FISH (Motor); Invitation for SUPPLEMENTARY INFORMATION: As Public Comments publicly available. described in the application, the AGENCY: Maritime Administration, DOT. intended service of the vessel GO FISH May I submit comments confidentially? is: ACTION: Notice. If you wish to submit comments —Intended Commercial Use of Vessel: SUMMARY: The Secretary of under a claim of confidentiality, you ‘‘Charter Fishing’’ Transportation, as represented by the should submit three copies of your —Geographic Region Including Base of Maritime Administration (MARAD), is Operations: ‘‘Florida’’ (Base of complete submission, including the authorized to issue coastwise information you claim to be confidential Operations: Jacksonville, FL) endorsement eligibility determinations —Vessel Length and Type: 35′ Motor business information, to the Department for foreign-built vessels which will carry The complete application is available of Transportation, Maritime no more than twelve passengers for hire. for review identified in the DOT docket Administration, Office of Legislation A request for such a determination has as MARAD 2021–0052 at http:// and Regulations, MAR–225, W24–220, been received by MARAD. By this www.regulations.gov. Interested parties 1200 New Jersey Avenue SE, notice, MARAD seeks comments from may comment on the effect this action Washington, DC 20590. Include a cover interested parties as to any effect this may have on U.S. vessel builders or letter setting forth with specificity the action may have on U.S. vessel builders businesses in the U.S. that use U.S.-flag basis for any such claim and, if possible, or businesses in the U.S. that use U.S.- vessels. If MARAD determines, in a summary of your submission that can flag vessels. Information about the accordance with 46 U.S.C. 12121 and be made available to the public. requestor’s vessel, including a brief MARAD’s regulations at 46 CFR part description of the proposed service, is 388, that the employment of the vessel Privacy Act listed below. in the coastwise trade to carry no more DATES: In accordance with 5 U.S.C. 553(c), Submit comments on or before than 12 passengers will have an unduly DOT solicits comments from the public July 15, 2021. adverse effect on a U.S.-vessel builder or to better inform its rulemaking process. ADDRESSES: You may submit comments a business that uses U.S.-flag vessels in DOT posts these comments, without identified by DOT Docket Number that business, MARAD will not issue an edit, to www.regulations.gov, as MARAD–2021–0052 by any one of the approval of the vessel’s coastwise described in the system of records following methods: endorsement eligibility. Comments • Federal eRulemaking Portal: Go to notice, DOT/ALL–14 FDMS, accessible should refer to the vessel name, state the http://www.regulations.gov. Search through www.dot.gov/privacy. To commenter’s interest in the application, MARAD–2021–0052 and follow the facilitate comment tracking and and address the eligibility criteria given instructions for submitting comments. in section 388.4 of MARAD’s response, we encourage commenters to • Mail or Hand Delivery: Docket regulations at 46 CFR part 388. provide their name, or the name of their Management Facility is in the West organization; however, submission of Building, Ground Floor of the U.S. Public Participation names is completely optional. Whether Department of Transportation. The How do I submit comments? or not commenters identify themselves, Docket Management Facility location all timely comments will be fully address is: U.S. Department of Please submit your comments, considered. If you wish to provide Transportation, MARAD–2021–0052, including the attachments, following the comments containing proprietary or 1200 New Jersey Avenue SE, West instructions provided under the above confidential information, please contact Building, Room W12–140, Washington, heading entitled ADDRESSES. Be advised the agency for alternate submission DC 20590, between 9 a.m. and 5 p.m., that it may take a few hours or even instructions. Monday through Friday, except on days for your comment to be reflected Federal holidays. on the docket. In addition, your (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, Note: If you mail or hand-deliver your comments must be written in English. 46 U.S.C. 12121) comments, we recommend that you We encourage you to provide concise * * * * * include your name and a mailing comments and you may attach By Order of the Acting Maritime address, an email address, or a additional documents as necessary. Administrator. telephone number in the body of your There is no limit on the length of the T. Mitchell Hudson, Jr., document so that we can contact you if attachments. we have questions regarding your Secretary, Maritime Administration. Where do I go to read public comments, submission. [FR Doc. 2021–12527 Filed 6–14–21; 8:45 am] Instructions: All submissions received and find supporting information? BILLING CODE 4910–81–P must include the agency name and Go to the docket online at http:// specific docket number. All comments www.regulations.gov, keyword search received will be posted without change MARAD–2021–0052 or visit the Docket to the docket at www.regulations.gov, Management Facility (see ADDRESSES for including any personal information hours of operation). We recommend that provided. For detailed instructions on you periodically check the Docket for submitting comments, see the section new submissions and supporting entitled Public Participation. material.

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Will my comments be made available to ACTION: Notice. intended service of the vessel ADVENT the public? is: SUMMARY: The Secretary of Yes. Be aware that your entire —Intended Commercial Use of Vessel: Transportation, as represented by the comment, including your personal ‘‘To carry passengers only.’’ Maritime Administration (MARAD), is identifying information, will be made —Geographic Region Including Base of authorized to issue coastwise publicly available. Operations: ‘‘Florida, Georgia, South endorsement eligibility determinations Carolina, North Carolina, Virginia, May I submit comments confidentially? for foreign-built vessels which will carry Maryland, Delaware, New Jersey, New If you wish to submit comments no more than twelve passengers for hire. York, Connecticut, Rhode Island, under a claim of confidentiality, you A request for such a determination has Massachusetts, New Hampshire, should submit three copies of your been received by MARAD. By this Maine.’’ (Base of Operations: complete submission, including the notice, MARAD seeks comments from Rockland, ME) information you claim to be confidential interested parties as to any effect this —Vessel Length and Type: 36′ Sail business information, to the Department action may have on U.S. vessel builders The complete application is available of Transportation, Maritime or businesses in the U.S. that use U.S.- for review identified in the DOT docket Administration, Office of Legislation flag vessels. Information about the as MARAD–2021–0054 at http:// and Regulations, MAR–225, W24–220, requestor’s vessel, including a brief www.regulations.gov. Interested parties 1200 New Jersey Avenue SE, description of the proposed service, is may comment on the effect this action Washington, DC 20590. Include a cover listed below. may have on U.S. vessel builders or letter setting forth with specificity the DATES: Submit comments on or before businesses in the U.S. that use U.S.-flag basis for any such claim and, if possible, July 15, 2021. vessels. If MARAD determines, in a summary of your submission that can ADDRESSES: You may submit comments accordance with 46 U.S.C. 12121 and be made available to the public. identified by DOT Docket Number MARAD’s regulations at 46 CFR part Privacy Act MARAD–2021–0054 by any one of the 388, that the employment of the vessel following methods: in the coastwise trade to carry no more In accordance with 5 U.S.C. 553(c), • Federal eRulemaking Portal: Go to than 12 passengers will have an unduly DOT solicits comments from the public http://www.regulations.gov. Search adverse effect on a U.S.-vessel builder or to better inform its rulemaking process. MARAD–2021–0054 and follow the a business that uses U.S.-flag vessels in DOT posts these comments, without instructions for submitting comments. that business, MARAD will not issue an edit, to www.regulations.gov, as • approval of the vessel’s coastwise described in the system of records Mail or Hand Delivery: Docket Management Facility is in the West endorsement eligibility. Comments notice, DOT/ALL–14 FDMS, accessible should refer to the vessel name, state the through www.dot.gov/privacy. To Building, Ground Floor of the U.S. Department of Transportation. The commenter’s interest in the application, facilitate comment tracking and and address the eligibility criteria given response, we encourage commenters to Docket Management Facility location address is: U.S. Department of in section 388.4 of MARAD’s provide their name, or the name of their regulations at 46 CFR part 388. organization; however, submission of Transportation, MARAD–2021–0054, names is completely optional. Whether 1200 New Jersey Avenue SE, West Public Participation Building, Room W12–140, Washington, or not commenters identify themselves, How do I submit comments? all timely comments will be fully DC 20590, between 9 a.m. and 5 p.m., considered. If you wish to provide Monday through Friday, except on Please submit your comments, comments containing proprietary or Federal holidays. including the attachments, following the confidential information, please contact Note: If you mail or hand-deliver your instructions provided under the above the agency for alternate submission comments, we recommend that you heading entitled ADDRESSES. Be advised instructions. include your name and a mailing that it may take a few hours or even address, an email address, or a days for your comment to be reflected (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, telephone number in the body of your on the docket. In addition, your 46 U.S.C. 12121) document so that we can contact you if comments must be written in English. * * * * * we have questions regarding your We encourage you to provide concise By Order of the Acting Maritime submission. comments and you may attach Administrator. Instructions: All submissions received additional documents as necessary. T. Mitchell Hudson, Jr., must include the agency name and There is no limit on the length of the Secretary, Maritime Administration. specific docket number. All comments attachments. [FR Doc. 2021–12487 Filed 6–14–21; 8:45 am] received will be posted without change Where do I go to read public comments, BILLING CODE 4910–81–P to the docket at www.regulations.gov, and find supporting information? including any personal information provided. For detailed instructions on Go to the docket online at http:// DEPARTMENT OF TRANSPORTATION submitting comments, see the section www.regulations.gov, keyword search entitled Public Participation. MARAD–2021–0054 or visit the Docket Maritime Administration Management Facility (see ADDRESSES for FOR FURTHER INFORMATION CONTACT: hours of operation). We recommend that [Docket No. MARAD–2021–0054] James Mead, U.S. Department of you periodically check the Docket for Transportation, Maritime Coastwise Endorsement Eligibility new submissions and supporting Administration, 1200 New Jersey material. Determination for a Foreign-Built Avenue SE, Room W23–459, Vessel: ADVENT (Sail); Invitation for Washington, DC 20590. Telephone 202– Will my comments be made available to Public Comments 366–5723, Email [email protected]. the public? AGENCY: Maritime Administration, SUPPLEMENTARY INFORMATION: As Yes. Be aware that your entire Transportation (DOT). described in the application, the comment, including your personal

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identifying information, will be made authorized to issue coastwise employees of the SC Dept. of Natural publicly available. endorsement eligibility determinations Resources.’’ for foreign-built vessels which will carry May I submit comments confidentially? —Geographic Region Including Base of no more than twelve passengers for hire. Operations: ‘‘This vessel will operate If you wish to submit comments A request for such a determination has scientific cruises in primarily the state under a claim of confidentiality, you been received by MARAD. By this of South Carolina while occasionally should submit three copies of your notice, MARAD seeks comments from it may operate in North Carolina and complete submission, including the interested parties as to any effect this Georgia.’’ (Base of Operations: information you claim to be confidential action may have on U.S. vessel builders Charleston, SC) business information, to the Department or businesses in the U.S. that use U.S.- —Vessel Length and Type: 52′ Motor of Transportation, Maritime flag vessels. Information about the Administration, Office of Legislation requestor’s vessel, including a brief The complete application is available and Regulations, MAR–225, W24–220, description of the proposed service, is for review identified in the DOT docket 1200 New Jersey Avenue SE, listed below. as MARAD 2021–0049 at http:// www.regulations.gov. Interested parties Washington, DC 20590. Include a cover DATES: Submit comments on or before letter setting forth with specificity the July 15, 2021. may comment on the effect this action may have on U.S. vessel builders or basis for any such claim and, if possible, ADDRESSES: You may submit comments businesses in the U.S. that use U.S.-flag a summary of your submission that can identified by DOT Docket Number be made available to the public. vessels. If MARAD determines, in MARAD–2021–0049 by any one of the accordance with 46 U.S.C. 12121 and Privacy Act following methods: MARAD’s regulations at 46 CFR part • Federal eRulemaking Portal: Go to 388, that the employment of the vessel In accordance with 5 U.S.C. 553(c), http://www.regulations.gov. Search in the coastwise trade to carry no more DOT solicits comments from the public MARAD–2021–0049 and follow the than 12 passengers will have an unduly to better inform its rulemaking process. instructions for submitting comments. DOT posts these comments, without • Mail or Hand Delivery: Docket adverse effect on a U.S.-vessel builder or edit, to www.regulations.gov, as Management Facility is in the West a business that uses U.S.-flag vessels in described in the system of records Building, Ground Floor of the U.S. that business, MARAD will not issue an notice, DOT/ALL–14 FDMS, accessible Department of Transportation. The approval of the vessel’s coastwise through www.dot.gov/privacy. To Docket Management Facility location endorsement eligibility. Comments facilitate comment tracking and address is: U.S. Department of should refer to the vessel name, state the response, we encourage commenters to Transportation, MARAD–2021–0049, commenter’s interest in the application, provide their name, or the name of their 1200 New Jersey Avenue SE, West and address the eligibility criteria given organization; however, submission of Building, Room W12–140, Washington, in section 388.4 of MARAD’s names is completely optional. Whether DC 20590, between 9 a.m. and 5 p.m., regulations at 46 CFR part 388. or not commenters identify themselves, Monday through Friday, except on Public Participation all timely comments will be fully Federal holidays. considered. If you wish to provide Note: If you mail or hand-deliver your How do I submit comments? comments containing proprietary or comments, we recommend that you Please submit your comments, confidential information, please contact include your name and a mailing including the attachments, following the the agency for alternate submission address, an email address, or a instructions provided under the above instructions. telephone number in the body of your heading entitled ADDRESSES. Be advised (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, document so that we can contact you if that it may take a few hours or even 46 U.S.C. 12121) we have questions regarding your days for your comment to be reflected * * * * * submission. on the docket. In addition, your Instructions: All submissions received By Order of the Acting Maritime comments must be written in English. must include the agency name and We encourage you to provide concise Administrator. specific docket number. All comments T. Mitchell Hudson, Jr., comments and you may attach received will be posted without change additional documents as necessary. Secretary, Maritime Administration. to the docket at www.regulations.gov, There is no limit on the length of the [FR Doc. 2021–12491 Filed 6–14–21; 8:45 am] including any personal information attachments. BILLING CODE 4910–81–P provided. For detailed instructions on submitting comments, see the section Where do I go to read public comments, entitled Public Participation. and find supporting information? DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Go to the docket online at http:// Maritime Administration James Mead, U.S. Department of www.regulations.gov, keyword search Transportation, Maritime MARAD–2021–0049 or visit the Docket [Docket No. MARAD–2021–0049] Administration, 1200 New Jersey Management Facility (see ADDRESSES for Avenue SE, Room W23–459, hours of operation). We recommend that Coastwise Endorsement Eligibility Washington, DC 20590. Telephone 202– you periodically check the Docket for Determination for a Foreign-Built 366–5723, Email [email protected]. new submissions and supporting Vessel: SILVER CRESCENT (Motor); SUPPLEMENTARY INFORMATION: As material. Invitation for Public Comments described in the application, the intended service of the vessel SILVER Will my comments be made available to AGENCY: Maritime Administration, DOT. the public? ACTION: Notice. CRESCENT is: —Intended Commercial Use of Vessel: Yes. Be aware that your entire SUMMARY: The Secretary of ‘‘This vessel’s intended use is strictly comment, including your personal Transportation, as represented by the oceanographic research. It will carry identifying information, will be made Maritime Administration (MARAD), is no more than 15 scientists who are publicly available.

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May I submit comments confidentially? no more than twelve passengers for hire. instruction base on owner’s 30-year If you wish to submit comments A request for such a determination has experience as a Coast Guard Licensed under a claim of confidentiality, you been received by MARAD. By this Captain.’’ should submit three copies of your notice, MARAD seeks comments from —Geographic Region Including Base of complete submission, including the interested parties as to any effect this Operations: ‘‘California’’ (Base of information you claim to be confidential action may have on U.S. vessel builders Operations: San Diego, CA) —Vessel Length and Type: 47.9′ Motor business information, to the Department or businesses in the U.S. that use U.S.- Yacht of Transportation, Maritime flag vessels. Information about the Administration, Office of Legislation requestor’s vessel, including a brief The complete application is available and Regulations, MAR–225, W24–220, description of the proposed service, is for review identified in the DOT docket 1200 New Jersey Avenue SE, listed below. as MARAD 2021–0070 at http:// Washington, DC 20590. Include a cover DATES: Submit comments on or before www.regulations.gov. Interested parties may comment on the effect this action letter setting forth with specificity the July 15, 2021. may have on U.S. vessel builders or basis for any such claim and, if possible, ADDRESSES: You may submit comments businesses in the U.S. that use U.S.-flag a summary of your submission that can identified by DOT Docket Number vessels. If MARAD determines, in be made available to the public. MARAD–2021–0070 by any one of the following methods: accordance with 46 U.S.C. 12121 and Privacy Act • Federal eRulemaking Portal: Go to MARAD’s regulations at 46 CFR part In accordance with 5 U.S.C. 553(c), http://www.regulations.gov. Search 388, that the employment of the vessel DOT solicits comments from the public MARAD–2021–0070 and follow the in the coastwise trade to carry no more to better inform its rulemaking process. instructions for submitting comments. than 12 passengers will have an unduly DOT posts these comments, without • Mail or Hand Delivery: Docket adverse effect on a U.S.-vessel builder or edit, to www.regulations.gov, as Management Facility is in the West a business that uses U.S.-flag vessels in described in the system of records Building, Ground Floor of the U.S. that business, MARAD will not issue an notice, DOT/ALL–14 FDMS, accessible Department of Transportation. The approval of the vessel’s coastwise through www.dot.gov/privacy. To Docket Management Facility location endorsement eligibility. Comments facilitate comment tracking and address is: U.S. Department of should refer to the vessel name, state the response, we encourage commenters to Transportation, MARAD–2021–0070, commenter’s interest in the application, provide their name, or the name of their 1200 New Jersey Avenue SE, West and address the eligibility criteria given organization; however, submission of Building, Room W12–140, Washington, in section 388.4 of MARAD’s names is completely optional. Whether DC 20590, between 9 a.m. and 5 p.m., regulations at 46 CFR part 388. or not commenters identify themselves, Monday through Friday, except on Public Participation all timely comments will be fully Federal holidays. How do I submit comments? considered. If you wish to provide Note: If you mail or hand-deliver your comments containing proprietary or comments, we recommend that you Please submit your comments, confidential information, please contact include your name and a mailing including the attachments, following the the agency for alternate submission address, an email address, or a instructions provided under the above instructions. telephone number in the body of your heading entitled ADDRESSES. Be advised document so that we can contact you if that it may take a few hours or even (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 46 U.S.C. 12121) we have questions regarding your days for your comment to be reflected submission. on the docket. In addition, your * * * * * Instructions: All submissions received comments must be written in English. By Order of the Acting Maritime must include the agency name and We encourage you to provide concise Administrator. specific docket number. All comments comments and you may attach T. Mitchell Hudson, Jr., received will be posted without change additional documents as necessary. Secretary, Maritime Administration. to the docket at www.regulations.gov, There is no limit on the length of the [FR Doc. 2021–12490 Filed 6–14–21; 8:45 am] including any personal information attachments. provided. For detailed instructions on BILLING CODE 4910–81–P Where do I go to read public comments, submitting comments, see the section and find supporting information? entitled Public Participation. DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Go to the docket online at http:// James Mead, U.S. Department of www.regulations.gov, keyword search Maritime Administration Transportation, Maritime MARAD–2021–0070 or visit the Docket Management Facility (see ADDRESSES for [Docket No. MARAD–2021–0070] Administration, 1200 New Jersey Avenue SE, Room W23–459, hours of operation). We recommend that Coastwise Endorsement Eligibility Washington, DC 20590. Telephone 202– you periodically check the Docket for Determination for a Foreign-Built 366–5723, Email [email protected]. new submissions and supporting material. Vessel: PRAIRIE GIRL (Motor Yacht); SUPPLEMENTARY INFORMATION: As Invitation for Public Comments described in the application, the Will my comments be made available to AGENCY: Maritime Administration, DOT. intended service of the vessel PRARIE the public? GIRL is: ACTION: Notice. Yes. Be aware that your entire —Intended Commercial Use of Vessel: comment, including your personal SUMMARY: The Secretary of ‘‘The owner intends to use the vessel identifying information, will be made Transportation, as represented by the for high end Vessel Charter including, publicly available. Maritime Administration (MARAD), is but not limited to: sunset cruises, authorized to issue coastwise parties, special events, and limited May I submit comments confidentially? endorsement eligibility determinations overnight excursions. In addition, If you wish to submit comments for foreign-built vessels which will carry owner may teach power boat under a claim of confidentiality, you

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should submit three copies of your notice, MARAD seeks comments from as MARAD 2021–0059 at http:// complete submission, including the interested parties as to any effect this www.regulations.gov. Interested parties information you claim to be confidential action may have on U.S. vessel builders may comment on the effect this action business information, to the Department or businesses in the U.S. that use U.S.- may have on U.S. vessel builders or of Transportation, Maritime flag vessels. Information about the businesses in the U.S. that use U.S.-flag Administration, Office of Legislation requestor’s vessel, including a brief vessels. If MARAD determines, in and Regulations, MAR–225, W24–220, description of the proposed service, is accordance with 46 U.S.C. 12121 and 1200 New Jersey Avenue SE, listed below. MARAD’s regulations at 46 CFR part Washington, DC 20590. Include a cover DATES: Submit comments on or before 388, that the employment of the vessel letter setting forth with specificity the July 15, 2021. in the coastwise trade to carry no more basis for any such claim and, if possible, ADDRESSES: You may submit comments than 12 passengers will have an unduly a summary of your submission that can identified by DOT Docket Number adverse effect on a U.S.-vessel builder or be made available to the public. MARAD–2021–0059 by any one of the a business that uses U.S.-flag vessels in that business, MARAD will not issue an Privacy Act following methods: • Federal eRulemaking Portal: Go to approval of the vessel’s coastwise In accordance with 5 U.S.C. 553(c), http://www.regulations.gov. Search endorsement eligibility. Comments DOT solicits comments from the public MARAD–2021–0059 and follow the should refer to the vessel name, state the to better inform its rulemaking process. instructions for submitting comments. commenter’s interest in the application, DOT posts these comments, without • Mail or Hand Delivery: Docket and address the eligibility criteria given edit, to www.regulations.gov, as Management Facility is in the West in section 388.4 of MARAD’s described in the system of records Building, Ground Floor of the U.S. regulations at 46 CFR part 388. notice, DOT/ALL–14 FDMS, accessible Department of Transportation. The Public Participation through www.dot.gov/privacy. To Docket Management Facility location facilitate comment tracking and address is: U.S. Department of How do I submit comments? response, we encourage commenters to Transportation, MARAD–2021–0059, Please submit your comments, provide their name, or the name of their 1200 New Jersey Avenue SE, West including the attachments, following the organization; however, submission of Building, Room W12–140, Washington, instructions provided under the above names is completely optional. Whether DC 20590, between 9 a.m. and 5 p.m., heading entitled ADDRESSES. Be advised or not commenters identify themselves, Monday through Friday, except on that it may take a few hours or even all timely comments will be fully Federal holidays. days for your comment to be reflected considered. If you wish to provide Note: If you mail or hand-deliver your on the docket. In addition, your comments containing proprietary or comments, we recommend that you comments must be written in English. confidential information, please contact include your name and a mailing We encourage you to provide concise the agency for alternate submission address, an email address, or a comments and you may attach instructions. telephone number in the body of your additional documents as necessary. (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, document so that we can contact you if There is no limit on the length of the 46 U.S.C. 12121) we have questions regarding your attachments. * * * * * submission. Instructions: All submissions received Where do I go to read public comments, By Order of the Acting Maritime must include the agency name and and find supporting information? Administrator. specific docket number. All comments Go to the docket online at http:// T. Mitchell Hudson, Jr., received will be posted without change www.regulations.gov, keyword search Secretary, Maritime Administration. to the docket at www.regulations.gov, MARAD–2021–0059 or visit the Docket [FR Doc. 2021–12523 Filed 6–14–21; 8:45 am] including any personal information Management Facility (see ADDRESSES for BILLING CODE 4910–81–P provided. For detailed instructions on hours of operation). We recommend that submitting comments, see the section you periodically check the Docket for entitled Public Participation. new submissions and supporting DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: material. James Mead, U.S. Department of Maritime Administration Will my comments be made available to Transportation, Maritime the public? [Docket No. MARAD–2021–0059] Administration, 1200 New Jersey Yes. Be aware that your entire Avenue SE, Room W23–459, comment, including your personal Coastwise Endorsement Eligibility Washington, DC 20590. Telephone 202– identifying information, will be made Determination for a Foreign-Built 366–5723, Email [email protected]. Vessel: REEL THERAPY (Motor); publicly available. SUPPLEMENTARY INFORMATION: As Invitation for Public Comments described in the application, the May I submit comments confidentially? AGENCY: Maritime Administration, DOT. intended service of the vessel REEL If you wish to submit comments ACTION: Notice. THERAPY is: under a claim of confidentiality, you —Intended Commercial Use of Vessel: should submit three copies of your SUMMARY: The Secretary of ‘‘Boat will be used for sport fishing for complete submission, including the Transportation, as represented by the hire, Operator of Uninspected information you claim to be confidential Maritime Administration (MARAD), is Passenger Vessel.’’ business information, to the Department authorized to issue coastwise —Geographic Region Including Base of of Transportation, Maritime endorsement eligibility determinations Operations: ‘‘Wisconsin’’ (Base of Administration, Office of Legislation for foreign-built vessels which will carry Operations: Port Washington, WI) and Regulations, MAR–225, W24–220, no more than twelve passengers for hire. —Vessel Length and Type: 30′ Motor 1200 New Jersey Avenue SE, A request for such a determination has The complete application is available Washington, DC 20590. Include a cover been received by MARAD. By this for review identified in the DOT docket letter setting forth with specificity the

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basis for any such claim and, if possible, DATES: Submit comments on or before accordance with 46 U.S.C. 12121 and a summary of your submission that can July 15, 2021. MARAD’s regulations at 46 CFR part be made available to the public. ADDRESSES: You may submit comments 388, that the employment of the vessel in the coastwise trade to carry no more Privacy Act identified by DOT Docket Number MARAD–2021–0083 by any one of the than 12 passengers will have an unduly In accordance with 5 U.S.C. 553(c), following methods: adverse effect on a U.S.-vessel builder or DOT solicits comments from the public • Federal eRulemaking Portal: Go to a business that uses U.S.-flag vessels in to better inform its rulemaking process. http://www.regulations.gov. Search that business, MARAD will not issue an DOT posts these comments, without MARAD–2021–0083 and follow the approval of the vessel’s coastwise edit, to www.regulations.gov, as instructions for submitting comments. endorsement eligibility. Comments described in the system of records • Mail or Hand Delivery: Docket should refer to the vessel name, state the notice, DOT/ALL–14 FDMS, accessible Management Facility is in the West commenter’s interest in the application, through www.dot.gov/privacy. To Building, Ground Floor of the U.S. and address the eligibility criteria given facilitate comment tracking and Department of Transportation. The in section 388.4 of MARAD’s response, we encourage commenters to Docket Management Facility location regulations at 46 CFR part 388. provide their name, or the name of their address is: U.S. Department of Public Participation organization; however, submission of Transportation, MARAD–2021–0083, names is completely optional. Whether 1200 New Jersey Avenue SE, West How do I submit comments? or not commenters identify themselves, Building, Room W12–140, Washington, all timely comments will be fully DC 20590, between 9 a.m. and 5 p.m., Please submit your comments, considered. If you wish to provide Monday through Friday, except on including the attachments, following the comments containing proprietary or Federal holidays. instructions provided under the above confidential information, please contact Note: If you mail or hand-deliver your heading entitled ADDRESSES. Be advised the agency for alternate submission comments, we recommend that you that it may take a few hours or even instructions. include your name and a mailing days for your comment to be reflected (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, address, an email address, or a on the docket. In addition, your 46 U.S.C. 12121) telephone number in the body of your comments must be written in English. * * * * * document so that we can contact you if We encourage you to provide concise we have questions regarding your comments and you may attach By Order of the Acting Maritime Administrator. submission. additional documents as necessary. Instructions: All submissions received There is no limit on the length of the T. Mitchell Hudson, Jr., must include the agency name and attachments. Secretary, Maritime Administration. specific docket number. All comments Where do I go to read public comments, [FR Doc. 2021–12530 Filed 6–14–21; 8:45 am] received will be posted without change and find supporting information? BILLING CODE 4910–81–P to the docket at www.regulations.gov, including any personal information Go to the docket online at http:// provided. For detailed instructions on DEPARTMENT OF TRANSPORTATION www.regulations.gov, keyword search submitting comments, see the section MARAD–2021–0083 or visit the Docket Maritime Administration entitled Public Participation. Management Facility (see ADDRESSES for FOR FURTHER INFORMATION CONTACT: hours of operation). We recommend that [Docket No. MARAD–2021–0083] James Mead, U.S. Department of you periodically check the Docket for Transportation, Maritime new submissions and supporting Coastwise Endorsement Eligibility Administration, 1200 New Jersey material. Determination for a Foreign-Built Avenue SE, Room W23–459, Will my comments be made available to Vessel: DAY DREAMER (Motor Yacht); Washington, DC 20590. Telephone 202– Invitation for Public Comments 366–5723, Email [email protected]. the public? SUPPLEMENTARY INFORMATION: As Yes. Be aware that your entire AGENCY: Maritime Administration, described in the application, the Transportation (DOT). comment, including your personal intended service of the vessel DAY identifying information, will be made ACTION: Notice. DREAMER is: publicly available. —Intended Commercial Use of Vessel: SUMMARY: The Secretary of May I submit comments confidentially? Transportation, as represented by the ‘‘Day and occasional overnight Maritime Administration (MARAD), is charters to individuals or If you wish to submit comments authorized to issue coastwise corporations.’’ under a claim of confidentiality, you endorsement eligibility determinations —Geographic Region Including Base of should submit three copies of your for foreign-built vessels which will carry Operations: ‘‘Florida.’’ (Base of complete submission, including the Operations: Tampa, FL) no more than twelve passengers for hire. ′ information you claim to be confidential A request for such a determination has —Vessel Length and Type: 65 Motor business information, to the Department been received by MARAD. By this Yacht of Transportation, Maritime notice, MARAD seeks comments from The complete application is available Administration, Office of Legislation interested parties as to any effect this for review identified in the DOT docket and Regulations, MAR–225, W24–220, action may have on U.S. vessel builders as MARAD 2021–0083 at http:// 1200 New Jersey Avenue SE, or businesses in the U.S. that use U.S.- www.regulations.gov. Interested parties Washington, DC 20590. Include a cover flag vessels. Information about the may comment on the effect this action letter setting forth with specificity the requestor’s vessel, including a brief may have on U.S. vessel builders or basis for any such claim and, if possible, description of the proposed service, is businesses in the U.S. that use U.S.-flag a summary of your submission that can listed below. vessels. If MARAD determines, in be made available to the public.

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Privacy Act • Federal eRulemaking Portal: Go to a business that uses U.S.-flag vessels in In accordance with 5 U.S.C. 553(c), http://www.regulations.gov. Search that business, MARAD will not issue an DOT solicits comments from the public MARAD–2021–0047 and follow the approval of the vessel’s coastwise instructions for submitting comments. endorsement eligibility. Comments to better inform its rulemaking process. • DOT posts these comments, without Mail or Hand Delivery: Docket should refer to the vessel name, state the edit, to www.regulations.gov, as Management Facility is in the West commenter’s interest in the application, described in the system of records Building, Ground Floor of the U.S. and address the eligibility criteria given notice, DOT/ALL–14 FDMS, accessible Department of Transportation. The in section 388.4 of MARAD’s through www.dot.gov/privacy. To Docket Management Facility location regulations at 46 CFR part 388. address is: U.S. Department of facilitate comment tracking and Public Participation response, we encourage commenters to Transportation, MARAD–2021–0047, provide their name, or the name of their 1200 New Jersey Avenue SE, West How do I submit comments? organization; however, submission of Building, Room W12–140, Washington, Please submit your comments, names is completely optional. Whether DC 20590, between 9 a.m. and 5 p.m., including the attachments, following the or not commenters identify themselves, Monday through Friday, except on instructions provided under the above all timely comments will be fully Federal holidays. heading entitled ADDRESSES. Be advised considered. If you wish to provide Note: If you mail or hand-deliver your that it may take a few hours or even comments containing proprietary or comments, we recommend that you days for your comment to be reflected confidential information, please contact include your name and a mailing on the docket. In addition, your the agency for alternate submission address, an email address, or a comments must be written in English. instructions. telephone number in the body of your We encourage you to provide concise document so that we can contact you if (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, comments and you may attach we have questions regarding your additional documents as necessary. 46 U.S.C. 12121) submission. * * * * * There is no limit on the length of the Instructions: All submissions received attachments. By Order of the Acting Maritime must include the agency name and Administrator. specific docket number. All comments Where do I go to read public comments, T. Mitchell Hudson, Jr., received will be posted without change and find supporting information? Secretary, Maritime Administration. to the docket at www.regulations.gov, Go to the docket online at http:// [FR Doc. 2021–12486 Filed 6–14–21; 8:45 am] including any personal information www.regulations.gov., keyword search BILLING CODE 4910–81–P provided. For detailed instructions on MARAD–2021–0047 or visit the Docket submitting comments, see the section Management Facility (see ADDRESSES for entitled Public Participation. hours of operation). We recommend that DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: you periodically check the Docket for James Mead, U.S. Department of new submissions and supporting Maritime Administration Transportation, Maritime material. Administration, 1200 New Jersey [Docket No. MARAD–2021–0047] Will my comments be made available to Avenue SE, Room W23–459, the public? Coastwise Endorsement Eligibility Washington, DC 20590. Telephone 202– Determination for a Foreign-Built 366–5723, Email [email protected]. Yes. Be aware that your entire Vessel: MAKANI (Sail Catamaran); SUPPLEMENTARY INFORMATION: As comment, including your personal Invitation for Public Comments described in the application, the identifying information, will be made publicly available. AGENCY: Maritime Administration, DOT. intended service of the vessel MAKANI is: ACTION: Notice. May I submit comments confidentially? —Intended Commercial Use of Vessel: If you wish to submit comments SUMMARY: The Secretary of ‘‘Passengers for hire—single and under a claim of confidentiality, you Transportation, as represented by the multiday charters’’ should submit three copies of your Maritime Administration (MARAD), is —Geographic Region Including Base of complete submission, including the authorized to issue coastwise Operations: ‘‘TX, LA, MS, AL, FL, GA information you claim to be confidential endorsement eligibility determinations SC, NC, VA, MD, DE, NJ, NY, CT, RI, business information, to the Department for foreign-built vessels which will carry MA, NH, ME’’ (Base of Operations: of Transportation, Maritime no more than twelve passengers for hire. Atlantic Beach FL) Administration, Office of Legislation —Vessel Length and Type: 44.65′ Sail A request for such a determination has and Regulations, MAR–225, W24–220, Catamaran been received by MARAD. By this 1200 New Jersey Avenue SE, notice, MARAD seeks comments from The complete application is available Washington, DC 20590. Include a cover interested parties as to any effect this for review identified in the DOT docket letter setting forth with specificity the action may have on U.S. vessel builders as MARAD 2021–0047 at http:// basis for any such claim and, if possible, or businesses in the U.S. that use U.S.- www.regulations.gov. Interested parties a summary of your submission that can flag vessels. Information about the may comment on the effect this action be made available to the public. requestor’s vessel, including a brief may have on U.S. vessel builders or description of the proposed service, is businesses in the U.S. that use U.S.-flag Privacy Act listed below. vessels. If MARAD determines, in In accordance with 5 U.S.C. 553(c), DATES: Submit comments on or before accordance with 46 U.S.C. 12121 and DOT solicits comments from the public July 15, 2021. MARAD’s regulations at 46 CFR part to better inform its rulemaking process. ADDRESSES: You may submit comments 388, that the employment of the vessel DOT posts these comments, without identified by DOT Docket Number in the coastwise trade to carry no more edit, to www.regulations.gov, as MARAD–2021–0047 by any one of the than 12 passengers will have an unduly described in the system of records following methods: adverse effect on a U.S.-vessel builder or notice, DOT/ALL–14 FDMS, accessible

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through www.dot.gov/privacy. To Docket Management Facility location Public Participation facilitate comment tracking and address is: U.S. Department of How do I submit comments? response, we encourage commenters to Transportation, MARAD–2021–0066, provide their name, or the name of their 1200 New Jersey Avenue SE, West Please submit your comments, organization; however, submission of Building, Room W12–140, Washington, including the attachments, following the names is completely optional. Whether DC 20590, between 9 a.m. and 5 p.m., instructions provided under the above or not commenters identify themselves, Monday through Friday, except on heading entitled ADDRESSES. Be advised all timely comments will be fully Federal holidays. that it may take a few hours or even considered. If you wish to provide Note: If you mail or hand-deliver your days for your comment to be reflected comments containing proprietary or comments, we recommend that you on the docket. In addition, your confidential information, please contact include your name and a mailing comments must be written in English. the agency for alternate submission address, an email address, or a We encourage you to provide concise instructions. telephone number in the body of your comments and you may attach document so that we can contact you if additional documents as necessary. (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 46 U.S.C. 12121) we have questions regarding your There is no limit on the length of the submission. attachments. * * * * * Instructions: All submissions received By Order of the Acting Maritime must include the agency name and Where do I go to read public comments, Administrator. specific docket number. All comments and find supporting information? T. Mitchell Hudson, Jr., received will be posted without change Go to the docket online at http:// Secretary, Maritime Administration. to the docket at www.regulations.gov, www.regulations.gov, keyword search [FR Doc. 2021–12488 Filed 6–14–21; 8:45 am] including any personal information MARAD–2021–0066 or visit the Docket BILLING CODE 4910–81–P provided. For detailed instructions on Management Facility (see ADDRESSES for submitting comments, see the section hours of operation). We recommend that entitled Public Participation. you periodically check the Docket for DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: new submissions and supporting James Mead, U.S. Department of material. Maritime Administration Transportation, Maritime Will my comments be made available to [Docket No. MARAD–2021–0066] Administration, 1200 New Jersey the public? Avenue SE, Room W23–459, Coastwise Endorsement Eligibility Washington, DC 20590. Telephone 202– Yes. Be aware that your entire Determination for a Foreign-Built 366–5723, Email [email protected]. comment, including your personal Vessel: SASHA BASH (Catamaran); SUPPLEMENTARY INFORMATION: As identifying information, will be made Invitation for Public Comments described in the application, the publicly available. intended service of the vessel SASHA AGENCY: Maritime Administration, DOT. May I submit comments confidentially? BASH is: ACTION: Notice. If you wish to submit comments —Intended Commercial Use of Vessel: under a claim of confidentiality, you SUMMARY: The Secretary of ‘‘Small passenger charters.’’ should submit three copies of your Transportation, as represented by the —Geographic Region Including Base of complete submission, including the Maritime Administration (MARAD), is Operations: ‘‘California for private information you claim to be confidential authorized to issue coastwise day charters to Malibu and the Santa business information, to the Department endorsement eligibility determinations Monica Bay.’’ (Base of Operations: of Transportation, Maritime for foreign-built vessels which will carry Marina del Rey) Administration, Office of Legislation —Vessel Length and Type: 37.8′ no more than twelve passengers for hire. and Regulations, MAR–225, W24–220, Catamaran A request for such a determination has 1200 New Jersey Avenue SE, been received by MARAD. By this The complete application is available Washington, DC 20590. Include a cover notice, MARAD seeks comments from for review identified in the DOT docket letter setting forth with specificity the interested parties as to any effect this as MARAD 2021–0066 at http:// basis for any such claim and, if possible, action may have on U.S. vessel builders www.regulations.gov. Interested parties a summary of your submission that can or businesses in the U.S. that use U.S.- may comment on the effect this action be made available to the public. flag vessels. Information about the may have on U.S. vessel builders or requestor’s vessel, including a brief businesses in the U.S. that use U.S.-flag Privacy Act description of the proposed service, is vessels. If MARAD determines, in In accordance with 5 U.S.C. 553(c), listed below. accordance with 46 U.S.C. 12121 and DOT solicits comments from the public DATES: Submit comments on or before MARAD’s regulations at 46 CFR part to better inform its rulemaking process. July 15, 2021. 388, that the employment of the vessel DOT posts these comments, without ADDRESSES: You may submit comments in the coastwise trade to carry no more edit, to www.regulations.gov, as identified by DOT Docket Number than 12 passengers will have an unduly described in the system of records MARAD–2021–0066 by any one of the adverse effect on a U.S.-vessel builder or notice, DOT/ALL–14 FDMS, accessible following methods: a business that uses U.S.-flag vessels in through www.dot.gov/privacy. To • Federal eRulemaking Portal: Go to that business, MARAD will not issue an facilitate comment tracking and http://www.regulations.gov. Search approval of the vessel’s coastwise response, we encourage commenters to MARAD–2021–0066 and follow the endorsement eligibility. Comments provide their name, or the name of their instructions for submitting comments. should refer to the vessel name, state the organization; however, submission of • Mail or Hand Delivery: Docket commenter’s interest in the application, names is completely optional. Whether Management Facility is in the West and address the eligibility criteria given or not commenters identify themselves, Building, Ground Floor of the U.S. in section 388.4 of MARAD’s all timely comments will be fully Department of Transportation. The regulations at 46 CFR part 388. considered. If you wish to provide

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comments containing proprietary or Note: If you mail or hand-deliver your days for your comment to be reflected confidential information, please contact comments, we recommend that you on the docket. In addition, your the agency for alternate submission include your name and a mailing comments must be written in English. instructions. address, an email address, or a We encourage you to provide concise (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, telephone number in the body of your comments and you may attach 46 U.S.C. 12121) document so that we can contact you if additional documents as necessary. * * * * * we have questions regarding your There is no limit on the length of the submission. attachments. By Order of the Acting Maritime Instructions: All submissions received Where do I go to read public comments, Administrator. must include the agency name and and find supporting information? T. Mitchell Hudson, Jr., specific docket number. All comments Secretary, Maritime Administration. received will be posted without change Go to the docket online at http:// [FR Doc. 2021–12526 Filed 6–14–21; 8:45 am] to the docket at www.regulations.gov, www.regulations.gov, keyword search BILLING CODE 4910–81–P including any personal information MARAD–2021–0044 or visit the Docket provided. For detailed instructions on Management Facility (see ADDRESSES for submitting comments, see the section hours of operation). We recommend that DEPARTMENT OF TRANSPORTATION entitled Public Participation. you periodically check the Docket for FOR FURTHER INFORMATION CONTACT: new submissions and supporting Maritime Administration James Mead, U.S. Department of material. [Docket No. MARAD–2021–0044] Transportation, Maritime Will my comments be made available to Administration, 1200 New Jersey the public? Coastwise Endorsement Eligibility Avenue SE, Room W23–459, Determination for a Foreign-Built Washington, DC 20590. Telephone 202– Yes. Be aware that your entire Vessel: Vessel MIGRATOR (Motor 366–5723, Email [email protected]. comment, including your personal Vessel); Invitation for Public identifying information, will be made SUPPLEMENTARY INFORMATION: As Comments described in the application, the publicly available. AGENCY: Maritime Administration, DOT. intended service of the vessel May I submit comments confidentially? MIGRATOR is: ACTION: Notice. If you wish to submit comments —Intended Commercial Use of Vessel: under a claim of confidentiality, you SUMMARY: The Secretary of ‘‘Charter boat for 6 passengers or less’’ Transportation, as represented by the should submit three copies of your —Geographic Region Including Base of complete submission, including the Maritime Administration (MARAD), is Operations: ‘‘Wisconsin, Illinois’’ authorized to issue coastwise information you claim to be confidential (Base of Operations: Northpoint business information, to the Department endorsement eligibility determinations Marina, IL) for foreign-built vessels which will carry ′ of Transportation, Maritime —Vessel Length and Type: 35 motor Administration, Office of Legislation no more than twelve passengers for hire. vessel A request for such a determination has and Regulations, MAR–225, W24–220, been received by MARAD. By this The complete application is available 1200 New Jersey Avenue SE, notice, MARAD seeks comments from for review identified in the DOT docket Washington, DC 20590. Include a cover interested parties as to any effect this as MARAD 2021–0044 at http:// letter setting forth with specificity the action may have on U.S. vessel builders www.regulations.gov. Interested parties basis for any such claim and, if possible, or businesses in the U.S. that use U.S.- may comment on the effect this action a summary of your submission that can flag vessels. Information about the may have on U.S. vessel builders or be made available to the public. businesses in the U.S. that use U.S.-flag requestor’s vessel, including a brief Privacy Act description of the proposed service, is vessels. If MARAD determines, in listed below. accordance with 46 U.S.C. 12121 and In accordance with 5 U.S.C. 553(c), MARAD’s regulations at 46 CFR part DOT solicits comments from the public DATES: Submit comments on or before July 15, 2021. 388, that the employment of the vessel to better inform its rulemaking process. in the coastwise trade to carry no more DOT posts these comments, without ADDRESSES: You may submit comments than 12 passengers will have an unduly edit, to www.regulations.gov, as identified by DOT Docket Number adverse effect on a U.S.-vessel builder or described in the system of records MARAD–2021–0044 by any one of the a business that uses U.S.-flag vessels in notice, DOT/ALL–14 FDMS, accessible following methods: that business, MARAD will not issue an through www.dot.gov/privacy. To • Federal eRulemaking Portal: Go to approval of the vessel’s coastwise facilitate comment tracking and http://www.regulations.gov. Search endorsement eligibility. Comments response, we encourage commenters to MARAD–2021–0044 and follow the should refer to the vessel name, state the provide their name, or the name of their instructions for submitting comments. • Mail or Hand Delivery: Docket commenter’s interest in the application, organization; however, submission of Management Facility is in the West and address the eligibility criteria given names is completely optional. Whether Building, Ground Floor of the U.S. in section 388.4 of MARAD’s or not commenters identify themselves, Department of Transportation. The regulations at 46 CFR part 388. all timely comments will be fully considered. If you wish to provide Docket Management Facility location Public Participation address is: U.S. Department of comments containing proprietary or Transportation, MARAD–2021–0044, How do I submit comments? confidential information, please contact 1200 New Jersey Avenue SE, West Please submit your comments, the agency for alternate submission Building, Room W12–140, Washington, including the attachments, following the instructions. DC 20590, between 9 a.m. and 5 p.m., instructions provided under the above (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, Monday through Friday, except on heading entitled ADDRESSES. Be advised 46 U.S.C. 12121) Federal holidays. that it may take a few hours or even * * * * *

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By Order of the Acting Maritime Instructions: All submissions received Where do I go to read public comments, Administrator. must include the agency name and and find supporting information? T. Mitchell Hudson, Jr., specific docket number. All comments Secretary, Maritime Administration. received will be posted without change Go to the docket online at http:// [FR Doc. 2021–12489 Filed 6–14–21; 8:45 am] to the docket at www.regulations.gov, www.regulations.gov, keyword search BILLING CODE 4910–81–P including any personal information MARAD–2021–0067 or visit the Docket provided. For detailed instructions on Management Facility (see ADDRESSES for submitting comments, see the section hours of operation). We recommend that DEPARTMENT OF TRANSPORTATION entitled Public Participation. you periodically check the Docket for new submissions and supporting Maritime Administration FOR FURTHER INFORMATION CONTACT: material. James Mead, U.S. Department of [Docket No. MARAD–2021–0067] Transportation, Maritime Will my comments be made available to Administration, 1200 New Jersey the public? Coastwise Endorsement Eligibility Avenue SE, Room W23–459, Determination for a Foreign-Built Washington, DC 20590. Telephone 202– Yes. Be aware that your entire Vessel: SALTWATER EXPRESS II 366–5723, Email [email protected]. comment, including your personal (Motor); Invitation for Public identifying information, will be made Comments SUPPLEMENTARY INFORMATION: As publicly available. described in the application, the AGENCY: Maritime Administration, DOT. intended service of the vessel VESSEL May I submit comments confidentially? ACTION: Notice. NAME is: SALTWATER EXPRESS II If you wish to submit comments SUMMARY: The Secretary of —Intended Commercial Use of Vessel: under a claim of confidentiality, you Transportation, as represented by the ‘‘Sightseeing/Fishing charters should submit three copies of your Maritime Administration (MARAD), is Trawler/Liveaboard Instruction.’’ complete submission, including the authorized to issue coastwise —Geographic Region Including Base of information you claim to be confidential endorsement eligibility determinations Operations: ‘‘East and Gulf coast’’ business information, to the Department for foreign-built vessels which will carry (Base of Operations: Eutawville, SC)— of Transportation, Maritime no more than twelve passengers for hire. Vessel Length and Type: 42′ Motor Administration, Office of Legislation A request for such a determination has The complete application is available and Regulations, MAR–225, W24–220, been received by MARAD. By this for review identified in the DOT docket 1200 New Jersey Avenue SE, notice, MARAD seeks comments from as MARAD 2021–0067 at http:// Washington, DC 20590. Include a cover interested parties as to any effect this www.regulations.gov. Interested parties letter setting forth with specificity the action may have on U.S. vessel builders may comment on the effect this action basis for any such claim and, if possible, or businesses in the U.S. that use U.S.- may have on U.S. vessel builders or a summary of your submission that can flag vessels. Information about the businesses in the U.S. that use U.S.-flag be made available to the public. requestor’s vessel, including a brief vessels. If MARAD determines, in Privacy Act description of the proposed service, is accordance with 46 U.S.C. 12121 and listed below. MARAD’s regulations at 46 CFR part In accordance with 5 U.S.C. 553(c), DATES: Submit comments on or before 388, that the employment of the vessel DOT solicits comments from the public July 15, 2021. in the coastwise trade to carry no more to better inform its rulemaking process. ADDRESSES: You may submit comments than 12 passengers will have an unduly DOT posts these comments, without identified by DOT Docket Number adverse effect on a U.S.-vessel builder or edit, to www.regulations.gov, as MARAD–2021–0067 by any one of the a business that uses U.S.-flag vessels in described in the system of records following methods: that business, MARAD will not issue an notice, DOT/ALL–14 FDMS, accessible • Federal eRulemaking Portal: Go to approval of the vessel’s coastwise through www.dot.gov/privacy. To http://www.regulations.gov. Search endorsement eligibility. Comments facilitate comment tracking and MARAD–2021–0067 and follow the should refer to the vessel name, state the response, we encourage commenters to instructions for submitting comments. • commenter’s interest in the application, provide their name, or the name of their Mail or Hand Delivery: Docket and address the eligibility criteria given organization; however, submission of Management Facility is in the West in section 388.4 of MARAD’s names is completely optional. Whether Building, Ground Floor of the U.S. regulations at 46 CFR part 388. or not commenters identify themselves, Department of Transportation. The all timely comments will be fully Public Participation Docket Management Facility location considered. If you wish to provide address is: U.S. Department of How do I submit comments? comments containing proprietary or Transportation, MARAD–2021–0067, confidential information, please contact 1200 New Jersey Avenue SE, West Please submit your comments, the agency for alternate submission Building, Room W12–140, Washington, including the attachments, following the instructions. DC 20590, between 9 a.m. and 5 p.m., instructions provided under the above Monday through Friday, except on heading entitled ADDRESSES. Be advised (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, Federal holidays. that it may take a few hours or even 46 U.S.C. 12121) Note: If you mail or hand-deliver your days for your comment to be reflected * * * * * comments, we recommend that you on the docket. In addition, your By Order of the Acting Maritime include your name and a mailing comments must be written in English. Administrator. address, an email address, or a We encourage you to provide concise telephone number in the body of your comments and you may attach T. Mitchell Hudson, Jr., document so that we can contact you if additional documents as necessary. Secretary, Maritime Administration. we have questions regarding your There is no limit on the length of the [FR Doc. 2021–12534 Filed 6–14–21; 8:45 am] submission. attachments. BILLING CODE 4910–81–P

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DEPARTMENT OF TRANSPORTATION to the docket at www.regulations.gov, Where do I go to read public comments, including any personal information and find supporting information? Maritime Administration provided. For detailed instructions on Go to the docket online at http:// submitting comments, see the section [Docket No. MARAD–2021–0053] www.regulations.gov, keyword search entitled Public Participation. MARAD–2021–0053 or visit the Docket Coastwise Endorsement Eligibility FOR FURTHER INFORMATION CONTACT: Management Facility (see ADDRESSES for Determination for a Foreign-Built James Mead, U.S. Department of hours of operation). We recommend that Vessel: WOT’S UP DOCK (Sport Transportation, Maritime you periodically check the Docket for Fisher); Invitation for Public Administration, 1200 New Jersey new submissions and supporting Comments Avenue SE, Room W23–459, material. AGENCY: Maritime Administration, Washington, DC 20590. Telephone 202– Will my comments be made available to Transportation (DOT). 366–5723, Email [email protected]. the public? ACTION: Notice. SUPPLEMENTARY INFORMATION: As Yes. Be aware that your entire described in the application, the comment, including your personal SUMMARY: The Secretary of intended service of the vessel WOT’’S identifying information, will be made Transportation, as represented by the UP DOCK is: publicly available. Maritime Administration (MARAD), is authorized to issue coastwise —Intended Commercial Use of Vessel: May I submit comments confidentially? endorsement eligibility determinations ‘‘Coastwise Charter Fishing’’ for foreign-built vessels which will carry If you wish to submit comments —Geographic Region Including Base of under a claim of confidentiality, you no more than twelve passengers for hire. Operations: ‘‘New Jersey’’ (Base of A request for such a determination has should submit three copies of your Operations: Shark River, NJ) complete submission, including the been received by MARAD. By this ′ notice, MARAD seeks comments from —Vessel Length and Type: 33 Sport information you claim to be confidential interested parties as to any effect this Fisher business information, to the Department action may have on U.S. vessel builders of Transportation, Maritime The complete application is available Administration, Office of Legislation or businesses in the U.S. that use U.S.- for review identified in the DOT docket flag vessels. Information about the and Regulations, MAR–225, W24–220, as MARAD 2021–0053 at http:// requestor’s vessel, including a brief 1200 New Jersey Avenue SE, www.regulations.gov. Interested parties description of the proposed service, is Washington, DC 20590. Include a cover may comment on the effect this action listed below. letter setting forth with specificity the may have on U.S. vessel builders or basis for any such claim and, if possible, DATES: Submit comments on or before businesses in the U.S. that use U.S.-flag a summary of your submission that can July 15, 2021. vessels. If MARAD determines, in be made available to the public. ADDRESSES: You may submit comments accordance with 46 U.S.C. 12121 and Privacy Act identified by DOT Docket Number MARAD’s regulations at 46 CFR part MARAD–2021–0053 by any one of the 388, that the employment of the vessel In accordance with 5 U.S.C. 553(c), following methods: in the coastwise trade to carry no more DOT solicits comments from the public • Federal eRulemaking Portal: Go to than 12 passengers will have an unduly to better inform its rulemaking process. http://www.regulations.gov. Search adverse effect on a U.S.-vessel builder or DOT posts these comments, without MARAD–2021–0053 and follow the a business that uses U.S.-flag vessels in edit, to www.regulations.gov, as instructions for submitting comments. that business, MARAD will not issue an described in the system of records • Mail or Hand Delivery: Docket approval of the vessel’s coastwise notice, DOT/ALL–14 FDMS, accessible Management Facility is in the West endorsement eligibility. Comments through www.dot.gov/privacy. To Building, Ground Floor of the U.S. should refer to the vessel name, state the facilitate comment tracking and Department of Transportation. The commenter’s interest in the application, response, we encourage commenters to Docket Management Facility location and address the eligibility criteria given provide their name, or the name of their address is: U.S. Department of in section 388.4 of MARAD’s organization; however, submission of Transportation, MARAD–2021–0053, regulations at 46 CFR part 388. names is completely optional. Whether 1200 New Jersey Avenue SE, West or not commenters identify themselves, Building, Room W12–140, Washington, Public Participation all timely comments will be fully DC 20590, between 9 a.m. and 5 p.m., How do I submit comments? considered. If you wish to provide Monday through Friday, except on comments containing proprietary or Federal holidays. Please submit your comments, confidential information, please contact Note: If you mail or hand-deliver your including the attachments, following the the agency for alternate submission comments, we recommend that you instructions provided under the above instructions. include your name and a mailing heading entitled ADDRESSES. Be advised (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, address, an email address, or a that it may take a few hours or even 46 U.S.C. 12121) telephone number in the body of your days for your comment to be reflected * * * * * document so that we can contact you if on the docket. In addition, your we have questions regarding your comments must be written in English. By Order of the Acting Maritime submission. We encourage you to provide concise Administrator. Instructions: All submissions received comments and you may attach T. Mitchell Hudson, Jr., must include the agency name and additional documents as necessary. Secretary, Maritime Administration. specific docket number. All comments There is no limit on the length of the [FR Doc. 2021–12497 Filed 6–14–21; 8:45 am] received will be posted without change attachments. BILLING CODE 4910–81–P

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DEPARTMENT OF TRANSPORTATION submitting comments, see the section Where do I go to read public comments, entitled Public Participation. and find supporting information? Maritime Administration FOR FURTHER INFORMATION CONTACT: Go to the docket online at http:// [Docket No. MARAD–2021–0065] James Mead, U.S. Department of www.regulations.gov, keyword search Transportation, Maritime MARAD–2021–0065 or visit the Docket Coastwise Endorsement Eligibility Administration, 1200 New Jersey Management Facility (see ADDRESSES for Determination for a Foreign-Built Avenue SE, Room W23–459, hours of operation). We recommend that Vessel: SEADUCTION (Motor Yacht); Washington, DC 20590. Telephone 202– you periodically check the Docket for Invitation for Public Comments 366–5723, Email [email protected]. new submissions and supporting AGENCY: Maritime Administration, DOT. material. SUPPLEMENTARY INFORMATION: As ACTION: Notice. described in the application, the Will my comments be made available to intended service of the vessel the public? SUMMARY: The Secretary of SEADUCTION is: Transportation, as represented by the Yes. Be aware that your entire Maritime Administration (MARAD), is —Intended Commercial Use of Vessel: comment, including your personal authorized to issue coastwise ‘‘Daily & weekly charter.’’ identifying information, will be made endorsement eligibility determinations publicly available. for foreign-built vessels which will carry —Geographic Region Including Base of no more than twelve passengers for hire. Operations: ‘‘Florida, New York, May I submit comments confidentially? A request for such a determination has Rhode Island, Maine, Massachusetts, Connecticut, North Carolina, South If you wish to submit comments been received by MARAD. By this under a claim of confidentiality, you notice, MARAD seeks comments from Carolina, Georgia, US Virgin Islands.’’ (Base of Operations: Miami FL) should submit three copies of your interested parties as to any effect this complete submission, including the ′ action may have on U.S. vessel builders —Vessel Length and Type: 80 Motor information you claim to be confidential or businesses in the U.S. that use U.S.- yacht business information, to the Department flag vessels. Information about the of Transportation, Maritime requestor’s vessel, including a brief The complete application is available Administration, Office of Legislation description of the proposed service, is for review identified in the DOT docket and Regulations, MAR–225, W24–220, listed below. as MARAD 2021–0065 at http:// 1200 New Jersey Avenue SE, DATES: Submit comments on or before www.regulations.gov. Interested parties Washington, DC 20590. Include a cover July 15, 2021. may comment on the effect this action letter setting forth with specificity the may have on U.S. vessel builders or ADDRESSES: You may submit comments basis for any such claim and, if possible, identified by DOT Docket Number businesses in the U.S. that use U.S.-flag a summary of your submission that can MARAD–2021–0065 by any one of the vessels. If MARAD determines, in be made available to the public. accordance with 46 U.S.C. 12121 and following methods: Privacy Act • Federal eRulemaking Portal: Go to MARAD’s regulations at 46 CFR part http://www.regulations.gov. Search 388, that the employment of the vessel In accordance with 5 U.S.C. 553(c), MARAD–2021–0065 and follow the in the coastwise trade to carry no more DOT solicits comments from the public instructions for submitting comments. than 12 passengers will have an unduly to better inform its rulemaking process. • Mail or Hand Delivery: Docket adverse effect on a U.S.-vessel builder or DOT posts these comments, without Management Facility is in the West a business that uses U.S.-flag vessels in edit, to www.regulations.gov, as Building, Ground Floor of the U.S. that business, MARAD will not issue an described in the system of records Department of Transportation. The approval of the vessel’s coastwise notice, DOT/ALL–14 FDMS, accessible Docket Management Facility location endorsement eligibility. Comments through www.dot.gov/privacy. To address is: U.S. Department of should refer to the vessel name, state the facilitate comment tracking and Transportation, MARAD–2021–0065, commenter’s interest in the application, response, we encourage commenters to 1200 New Jersey Avenue SE, West and address the eligibility criteria given provide their name, or the name of their Building, Room W12–140, Washington, in section 388.4 of MARAD’s organization; however, submission of DC 20590, between 9 a.m. and 5 p.m., regulations at 46 CFR part 388. names is completely optional. Whether Monday through Friday, except on or not commenters identify themselves, Public Participation Federal holidays. all timely comments will be fully Note: If you mail or hand-deliver your How do I submit comments? considered. If you wish to provide comments, we recommend that you comments containing proprietary or include your name and a mailing Please submit your comments, confidential information, please contact address, an email address, or a including the attachments, following the the agency for alternate submission telephone number in the body of your instructions provided under the above instructions. heading entitled ADDRESSES. Be advised document so that we can contact you if (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, we have questions regarding your that it may take a few hours or even 46 U.S.C. 12121) days for your comment to be reflected submission. * * * * * Instructions: All submissions received on the docket. In addition, your must include the agency name and comments must be written in English. By Order of the Acting Maritime specific docket number. All comments We encourage you to provide concise Administrator. received will be posted without change comments and you may attach T. Mitchell Hudson, Jr., to the docket at www.regulations.gov, additional documents as necessary. Secretary, Maritime Administration. including any personal information There is no limit on the length of the [FR Doc. 2021–12521 Filed 6–14–21; 8:45 am] provided. For detailed instructions on attachments. BILLING CODE 4910–81–P

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DEPARTMENT OF TRANSPORTATION provided. For detailed instructions on Where do I go to read public comments, submitting comments, see the section and find supporting information? Maritime Administration entitled Public Participation. Go to the docket online at http:// [Docket No. MARAD–2021–0058] FOR FURTHER INFORMATION CONTACT: www.regulations.gov, keyword search James Mead, U.S. Department of MARAD–2021–0058 or visit the Docket Coastwise Endorsement Eligibility Transportation, Maritime Management Facility (see ADDRESSES for Determination for a Foreign-Built Administration, 1200 New Jersey hours of operation). We recommend that Vessel: Vessel CARINA (Sailing Avenue SE, Room W23–459, you periodically check the Docket for Vessel); Invitation for Public Washington, DC 20590. Telephone 202– new submissions and supporting Comments 366–5723, Email [email protected]. material. AGENCY: Maritime Administration, DOT. SUPPLEMENTARY INFORMATION: As Will my comments be made available to ACTION: Notice. described in the application, the the public? intended service of the vessel CARINA SUMMARY: The Secretary of is: Yes. Be aware that your entire Transportation, as represented by the comment, including your personal —Intended Commercial Use of Vessel: Maritime Administration (MARAD), is identifying information, will be made ‘‘Passenger Charter- charter will be authorized to issue coastwise publicly available. endorsement eligibility determinations taking small groups sailing the waters for foreign-built vessels which will carry around the states I listed below.’’ May I submit comments confidentially? no more than twelve passengers for hire. —Geographic Region Including Base of If you wish to submit comments A request for such a determination has Operations: ‘‘Virginia, Rhode Island, under a claim of confidentiality, you been received by MARAD. By this Massachusetts, Maine, Maryland, should submit three copies of your notice, MARAD seeks comments from Puerto Rico’’ (Base of Operations: complete submission, including the interested parties as to any effect this Newport, RI). information you claim to be confidential action may have on U.S. vessel builders —Vessel Length and Type: 36′ Sailing business information, to the Department or businesses in the U.S. that use U.S.- Vessel of Transportation, Maritime flag vessels. Information about the Administration, Office of Legislation requestor’s vessel, including a brief The complete application is available and Regulations, MAR–225, W24–220, description of the proposed service, is for review identified in the DOT docket 1200 New Jersey Avenue SE, listed below. as MARAD 2021–0058 at http:// Washington, DC 20590. Include a cover DATES: Submit comments on or before www.regulations.gov. Interested parties letter setting forth with specificity the July 15, 2021. may comment on the effect this action basis for any such claim and, if possible, may have on U.S. vessel builders or ADDRESSES: You may submit comments a summary of your submission that can businesses in the U.S. that use U.S.-flag identified by DOT Docket Number be made available to the public. vessels. If MARAD determines, in MARAD–2021–0058 by any one of the accordance with 46 U.S.C. 12121 and Privacy Act following methods: • MARAD’s regulations at 46 CFR part Federal eRulemaking Portal: Go to 388, that the employment of the vessel In accordance with 5 U.S.C. 553(c), http://www.regulations.gov. Search in the coastwise trade to carry no more DOT solicits comments from the public MARAD–2021–0058 and follow the than 12 passengers will have an unduly to better inform its rulemaking process. instructions for submitting comments. DOT posts these comments, without • adverse effect on a U.S.-vessel builder or Mail or Hand Delivery: Docket a business that uses U.S.-flag vessels in edit, to www.regulations.gov, as Management Facility is in the West that business, MARAD will not issue an described in the system of records Building, Ground Floor of the U.S. approval of the vessel’s coastwise notice, DOT/ALL–14 FDMS, accessible Department of Transportation. The endorsement eligibility. Comments through www.dot.gov/privacy. To Docket Management Facility location should refer to the vessel name, state the facilitate comment tracking and address is: U.S. Department of commenter’s interest in the application, response, we encourage commenters to Transportation, MARAD–2021–0058, and address the eligibility criteria given provide their name, or the name of their 1200 New Jersey Avenue SE, West in section 388.4 of MARAD’s organization; however, submission of Building, Room W12–140, Washington, regulations at 46 CFR part 388. names is completely optional. Whether DC 20590, between 9 a.m. and 5 p.m., or not commenters identify themselves, Monday through Friday, except on Public Participation all timely comments will be fully Federal holidays. How do I submit comments? considered. If you wish to provide Note: If you mail or hand-deliver your comments containing proprietary or comments, we recommend that you Please submit your comments, confidential information, please contact include your name and a mailing including the attachments, following the the agency for alternate submission address, an email address, or a instructions provided under the above instructions. telephone number in the body of your heading entitled ADDRESSES. Be advised (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, document so that we can contact you if that it may take a few hours or even 46 U.S.C. 12121) we have questions regarding your days for your comment to be reflected * * * * * submission. on the docket. In addition, your Instructions: All submissions received comments must be written in English. By Order of the Acting Maritime must include the agency name and We encourage you to provide concise Administrator. specific docket number. All comments comments and you may attach T. Mitchell Hudson, Jr., received will be posted without change additional documents as necessary. Secretary, Maritime Administration. to the docket at www.regulations.gov, There is no limit on the length of the [FR Doc. 2021–12525 Filed 6–14–21; 8:45 am] including any personal information attachments. BILLING CODE 4910–81–P

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DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Will my comments be made available to James Mead, U.S. Department of the public? Maritime Administration Transportation, Maritime Yes. Be aware that your entire [Docket No. MARAD–2021–0046] Administration, 1200 New Jersey comment, including your personal Avenue SE, Room W23–459, identifying information, will be made Coastwise Endorsement Eligibility Washington, DC 20590. Telephone 202– publicly available. Determination for a Foreign-Built 366–5723, Email [email protected]. Vessel: TOMAHAWK (Motor); Invitation SUPPLEMENTARY INFORMATION: As May I submit comments confidentially? for Public Comments described in the application, the If you wish to submit comments AGENCY: Maritime Administration, DOT. intended service of the vessel under a claim of confidentiality, you TOMAHAWK is: should submit three copies of your ACTION: Notice. —Intended Commercial Use of Vessel: complete submission, including the SUMMARY: The Secretary of ‘‘Charters’’. information you claim to be confidential Transportation, as represented by the —Geographic Region Including Base of business information, to the Department Maritime Administration (MARAD), is Operations: ‘‘Florida only’’. Base of of Transportation, Maritime authorized to issue coastwise Operations: Miami Beach, FL) Administration, Office of Legislation endorsement eligibility determinations —Vessel Length and Type: 485′ Motor and Regulations, MAR–225, W24–220, for foreign-built vessels which will carry 1200 New Jersey Avenue SE, The complete application is available no more than twelve passengers for hire. Washington, DC 20590. Include a cover for review identified in the DOT docket A request for such a determination has letter setting forth with specificity the as MARAD 2021–0046 at http:// been received by MARAD. By this basis for any such claim and, if possible, www.regulations.gov. Interested parties notice, MARAD seeks comments from a summary of your submission that can may comment on the effect this action interested parties as to any effect this be made available to the public. may have on U.S. vessel builders or action may have on U.S. vessel builders businesses in the U.S. that use U.S.-flag Privacy Act or businesses in the U.S. that use U.S.- vessels. If MARAD determines, in flag vessels. Information about the In accordance with 5 U.S.C. 553(c), accordance with 46 U.S.C. 12121 and requestor’s vessel, including a brief DOT solicits comments from the public MARAD’s regulations at 46 CFR part description of the proposed service, is to better inform its rulemaking process. 388, that the employment of the vessel listed below. DOT posts these comments, without in the coastwise trade to carry no more DATES: Submit comments on or before edit, to www.regulations.gov, as than 12 passengers will have an unduly described in the system of records July 15, 2021. adverse effect on a U.S.-vessel builder or ADDRESSES: You may submit comments notice, DOT/ALL–14 FDMS, accessible a business that uses U.S.-flag vessels in through www.dot.gov/privacy. To identified by DOT Docket Number that business, MARAD will not issue an MARAD–2021–0046 by any one of the facilitate comment tracking and approval of the vessel’s coastwise response, we encourage commenters to following methods: endorsement eligibility. Comments • Federal eRulemaking Portal: Go to provide their name, or the name of their should refer to the vessel name, state the organization; however, submission of http://www.regulations.gov. Search commenter’s interest in the application, MARAD–2021–0046 and follow the names is completely optional. Whether and address the eligibility criteria given or not commenters identify themselves, instructions for submitting comments. in section 388.4 of MARAD’s • Mail or Hand Delivery: Docket all timely comments will be fully regulations at 46 CFR part 388. Management Facility is in the West considered. If you wish to provide Building, Ground Floor of the U.S. Public Participation comments containing proprietary or Department of Transportation. The confidential information, please contact How do I submit comments? Docket Management Facility location the agency for alternate submission address is: U.S. Department of Please submit your comments, instructions. Transportation, MARAD–2021–0046, including the attachments, following the (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 1200 New Jersey Avenue SE, West instructions provided under the above 46 U.S.C. 12121) Building, Room W12–140, Washington, heading entitled ADDRESSES. Be advised * * * * * DC 20590, between 9 a.m. and 5 p.m., that it may take a few hours or even Monday through Friday, except on days for your comment to be reflected By Order of the Acting Maritime Administrator. Federal holidays. on the docket. In addition, your Note: If you mail or hand-deliver your comments must be written in English. T. Mitchell Hudson, Jr., comments, we recommend that you We encourage you to provide concise Secretary, Maritime Administration. include your name and a mailing comments and you may attach [FR Doc. 2021–12495 Filed 6–14–21; 8:45 am] address, an email address, or a additional documents as necessary. BILLING CODE 4910–81–P telephone number in the body of your There is no limit on the length of the document so that we can contact you if attachments. we have questions regarding your DEPARTMENT OF TRANSPORTATION Where do I go to read public comments, submission. Instructions: All submissions received and find supporting information? Maritime Administration must include the agency name and Go to the docket online at http:// specific docket number. All comments www.regulations.gov, keyword search [Docket No. MARAD–2021–0071] received will be posted without change MARAD–2021–0046 or visit the Docket Coastwise Endorsement Eligibility to the docket at www.regulations.gov, Management Facility (see ADDRESSES for Determination for a Foreign-Built including any personal information hours of operation). We recommend that Vessel: MY WAY (MonoHull); Invitation provided. For detailed instructions on you periodically check the Docket for for Public Comments submitting comments, see the section new submissions and supporting entitled Public Participation. material. AGENCY: Maritime Administration, DOT.

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ACTION: Notice. intended service of the vessel MY WAY Will my comments be made available to is: the public? SUMMARY: The Secretary of Yes. Be aware that your entire Transportation, as represented by the —States Intended Commercial Use of comment, including your personal Maritime Administration (MARAD), is Vessel: ‘‘Passenger charter–will be identifying information, will be made authorized to issue coastwise taking small groups sailing the waters publicly available. endorsement eligibility determinations between the East Coast and Gulf for foreign-built vessels which will carry Coast.’’ May I submit comments confidentially? no more than twelve passengers for hire. —Geographic Region Including Base of If you wish to submit comments A request for such a determination has Operations: ‘‘East Coast states & Gulf under a claim of confidentiality, you been received by MARAD. By this Coast States (including New York and should submit three copies of your notice, MARAD seeks comments from Puerto Rico’’ (Base of Operations: complete submission, including the interested parties as to any effect this Westport, MA) information you claim to be confidential action may have on U.S. vessel builders ′ business information, to the Department or businesses in the U.S. that use U.S.- —Vessel Length and Type: 95 MonoHull of Transportation, Maritime flag vessels. Information about the Administration, Office of Legislation requestor’s vessel, including a brief The complete application is available and Regulations, MAR–225, W24–220, description of the proposed service, is for review identified in the DOT docket 1200 New Jersey Avenue SE, listed below. as MARAD 2021–0071 at http:// Washington, DC 20590. Include a cover DATES: Submit comments on or before www.regulations.gov. Interested parties letter setting forth with specificity the July 15, 2021. may comment on the effect this action basis for any such claim and, if possible, ADDRESSES: You may submit comments may have on U.S. vessel builders or a summary of your submission that can identified by DOT Docket Number businesses in the U.S. that use U.S.-flag be made available to the public. MARAD–2021–0071 by any one of the vessels. If MARAD determines, in Privacy Act following methods: accordance with 46 U.S.C. 12121 and In accordance with 5 U.S.C. 553(c), • Federal eRulemaking Portal: Go to MARAD’s regulations at 46 CFR part DOT solicits comments from the public http://www.regulations.gov. Search 388, that the employment of the vessel to better inform its rulemaking process. MARAD–2021–0071 and follow the in the coastwise trade to carry no more DOT posts these comments, without instructions for submitting comments. than 12 passengers will have an unduly edit, to www.regulations.gov, as • adverse effect on a U.S.-vessel builder or Mail or Hand Delivery: Docket described in the system of records a business that uses U.S.-flag vessels in Management Facility is in the West notice, DOT/ALL–14 FDMS, accessible Building, Ground Floor of the U.S. that business, MARAD will not issue an through www.dot.gov/privacy. To Department of Transportation. The approval of the vessel’s coastwise facilitate comment tracking and Docket Management Facility location endorsement eligibility. Comments response, we encourage commenters to address is: U.S. Department of should refer to the vessel name, state the provide their name, or the name of their Transportation, MARAD–2021–0071, commenter’s interest in the application, organization; however, submission of 1200 New Jersey Avenue SE, West and address the eligibility criteria given names is completely optional. Whether Building, Room W12–140, Washington, in section 388.4 of MARAD’s or not commenters identify themselves, DC 20590, between 9 a.m. and 5 p.m., regulations at 46 CFR part 388. all timely comments will be fully Monday through Friday, except on Public Participation considered. If you wish to provide Federal holidays. comments containing proprietary or Note: If you mail or hand-deliver your How do I submit comments? confidential information, please contact comments, we recommend that you the agency for alternate submission include your name and a mailing Please submit your comments, instructions. address, an email address, or a including the attachments, following the telephone number in the body of your instructions provided under the above (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 46 U.S.C. 12121) document so that we can contact you if heading entitled ADDRESSES. Be advised we have questions regarding your that it may take a few hours or even * * * * * submission. days for your comment to be reflected By Order of the Acting Maritime Instructions: All submissions received on the docket. In addition, your Administrator. must include the agency name and comments must be written in English. T. Mitchell Hudson, Jr., specific docket number. All comments We encourage you to provide concise Secretary, Maritime Administration. received will be posted without change comments and you may attach [FR Doc. 2021–12520 Filed 6–14–21; 8:45 am] to the docket at www.regulations.gov, additional documents as necessary. BILLING CODE 4910–81–P including any personal information There is no limit on the length of the provided. For detailed instructions on attachments. submitting comments, see the section DEPARTMENT OF TRANSPORTATION entitled Public Participation. Where do I go to read public comments, and find supporting information? Maritime Administration FOR FURTHER INFORMATION CONTACT: James Mead, U.S. Department of Go to the docket online at http:// [Docket No. MARAD–2021–0061] Transportation, Maritime www.regulations.gov, keyword search Coastwise Endorsement Eligibility Administration, 1200 New Jersey MARAD–2021–0071 or visit the Docket Determination for a Foreign-Built Avenue SE, Room W23–459, Management Facility (see ADDRESSES for Vessel: STRIKING LADY (Motor Washington, DC 20590. Telephone 202– hours of operation). We recommend that Vessel); Invitation for Public 366–5723, Email [email protected]. you periodically check the Docket for Comments SUPPLEMENTARY INFORMATION: As new submissions and supporting described in the application, the material. AGENCY: Maritime Administration, DOT.

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ACTION: Notice. intended service of the vessel STRIKING identifying information, will be made LADY is: publicly available. SUMMARY: The Secretary of —Intended Commercial Use of Vessel: May I submit comments confidentially? Transportation, as represented by the ‘‘Charter passengers for hire.’’ Maritime Administration (MARAD), is —Geographic Region Including Base of If you wish to submit comments authorized to issue coastwise Operations: ‘‘New York, Connecticut, under a claim of confidentiality, you endorsement eligibility determinations New Jersey, North Carolina, South should submit three copies of your for foreign-built vessels which will carry Carolina, Atlantic and Gulf coasts of complete submission, including the no more than twelve passengers for hire. Florida’’ (Base of Operations: Palm information you claim to be confidential A request for such a determination has Beach, FL) business information, to the Department been received by MARAD. By this of Transportation, Maritime —Vessel Length and Type: 44′ Motor notice, MARAD seeks comments from Administration, Office of Legislation Vessel interested parties as to any effect this and Regulations, MAR–225, W24–220, action may have on U.S. vessel builders The complete application is available 1200 New Jersey Avenue SE, or businesses in the U.S. that use U.S.- for review identified in the DOT docket Washington, DC 20590. Include a cover flag vessels. Information about the as MARAD 2021–0061 at http:// letter setting forth with specificity the requestor’s vessel, including a brief www.regulations.gov. Interested parties basis for any such claim and, if possible, description of the proposed service, is may comment on the effect this action a summary of your submission that can listed below. may have on U.S. vessel builders or be made available to the public. businesses in the U.S. that use U.S.-flag DATES: Submit comments on or before Privacy Act July 15, 2021. vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and In accordance with 5 U.S.C. 553(c), ADDRESSES: You may submit comments MARAD’s regulations at 46 CFR part DOT solicits comments from the public identified by DOT Docket Number 388, that the employment of the vessel to better inform its rulemaking process. MARAD–2021–0061 by any one of the in the coastwise trade to carry no more DOT posts these comments, without following methods: • than 12 passengers will have an unduly edit, to www.regulations.gov, as Federal eRulemaking Portal: Go to adverse effect on a U.S.-vessel builder or described in the system of records http://www.regulations.gov. Search a business that uses U.S.-flag vessels in notice, DOT/ALL–14 FDMS, accessible MARAD–2021–0061 and follow the that business, MARAD will not issue an through www.dot.gov/privacy. To instructions for submitting comments. approval of the vessel’s coastwise facilitate comment tracking and • Mail or Hand Delivery: Docket endorsement eligibility. Comments response, we encourage commenters to Management Facility is in the West should refer to the vessel name, state the provide their name, or the name of their Building, Ground Floor of the U.S. commenter’s interest in the application, organization; however, submission of Department of Transportation. The and address the eligibility criteria given names is completely optional. Whether Docket Management Facility location in section 388.4 of MARAD’s or not commenters identify themselves, address is: U.S. Department of regulations at 46 CFR part 388. all timely comments will be fully Transportation, MARAD–2021–0061, considered. If you wish to provide Public Participation 1200 New Jersey Avenue SE, West comments containing proprietary or Building, Room W12–140, Washington, How do I submit comments? confidential information, please contact DC 20590, between 9 a.m. and 5 p.m., the agency for alternate submission Please submit your comments, Monday through Friday, except on instructions. Federal holidays. including the attachments, following the instructions provided under the above (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, Note: If you mail or hand-deliver your 46 U.S.C. 12121) comments, we recommend that you heading entitled ADDRESSES. Be advised include your name and a mailing that it may take a few hours or even * * * * * address, an email address, or a days for your comment to be reflected By Order of the Acting Maritime telephone number in the body of your on the docket. In addition, your Administrator. document so that we can contact you if comments must be written in English. T. Mitchell Hudson, Jr., we have questions regarding your We encourage you to provide concise Secretary, Maritime Administration. comments and you may attach submission. [FR Doc. 2021–12535 Filed 6–14–21; 8:45 am] additional documents as necessary. Instructions: All submissions received BILLING CODE 4910–81–P must include the agency name and There is no limit on the length of the specific docket number. All comments attachments. received will be posted without change Where do I go to read public comments, DEPARTMENT OF TRANSPORTATION to the docket at www.regulations.gov, and find supporting information? including any personal information Maritime Administration Go to the docket online at http:// provided. For detailed instructions on [Docket No. MARAD–2021–0055] submitting comments, see the section www.regulations.gov, keyword search entitled Public Participation. MARAD–2021–0061 or visit the Docket Coastwise Endorsement Eligibility Management Facility (see ADDRESSES for Determination for a Foreign-Built FOR FURTHER INFORMATION CONTACT: hours of operation). We recommend that James Mead, U.S. Department of Vessel: MIDSUMMER (Pilothouse); you periodically check the Docket for Invitation for Public Comments Transportation, Maritime new submissions and supporting Administration, 1200 New Jersey material. AGENCY: Maritime Administration, Avenue SE, Room W23–459, Transportation (DOT). Washington, DC 20590. Telephone 202– Will my comments be made available to ACTION: Notice. 366–5723, Email [email protected]. the public? SUPPLEMENTARY INFORMATION: As Yes. Be aware that your entire SUMMARY: The Secretary of described in the application, the comment, including your personal Transportation, as represented by the

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Maritime Administration (MARAD), is —Geographic Region Including Base of complete submission, including the authorized to issue coastwise Operations: ‘‘ME, NH, MA, RI, CT, information you claim to be confidential endorsement eligibility determinations NY, NJ, DE, MA, VA, NC, SC, GA, FL’’ business information, to the Department for foreign-built vessels which will carry (Base of Operations: Newport, RI) of Transportation, Maritime no more than twelve passengers for hire. —Vessel Length and Type: 55′ Administration, Office of Legislation A request for such a determination has Pilothouse and Regulations, MAR–225, W24–220, been received by MARAD. By this The complete application is available 1200 New Jersey Avenue SE, notice, MARAD seeks comments from for review identified in the DOT docket Washington, DC 20590. Include a cover interested parties as to any effect this as MARAD 2021–0055 at http:// letter setting forth with specificity the action may have on U.S. vessel builders www.regulations.gov. Interested parties basis for any such claim and, if possible, or businesses in the U.S. that use U.S.- may comment on the effect this action a summary of your submission that can flag vessels. Information about the may have on U.S. vessel builders or be made available to the public. requestor’s vessel, including a brief businesses in the U.S. that use U.S.-flag Privacy Act description of the proposed service, is vessels. If MARAD determines, in In accordance with 5 U.S.C. 553(c), listed below. accordance with 46 U.S.C. 12121 and DOT solicits comments from the public DATES: Submit comments on or before MARAD’s regulations at 46 CFR part to better inform its rulemaking process. July 15, 2021. 388, that the employment of the vessel DOT posts these comments, without in the coastwise trade to carry no more ADDRESSES: You may submit comments edit, to www.regulations.gov, as than 12 passengers will have an unduly identified by DOT Docket Number described in the system of records adverse effect on a U.S.-vessel builder or MARAD–2021–0055 by any one of the notice, DOT/ALL–14 FDMS, accessible a business that uses U.S.-flag vessels in following methods: through www.dot.gov/privacy. To • that business, MARAD will not issue an Federal eRulemaking Portal: Go to facilitate comment tracking and approval of the vessel’s coastwise http://www.regulations.gov. Search response, we encourage commenters to endorsement eligibility. Comments MARAD–2021–0055 and follow the provide their name, or the name of their should refer to the vessel name, state the instructions for submitting comments. organization; however, submission of • commenter’s interest in the application, Mail or Hand Delivery: Docket names is completely optional. Whether and address the eligibility criteria given Management Facility is in the West or not commenters identify themselves, in section 388.4 of MARAD’s Building, Ground Floor of the U.S. all timely comments will be fully regulations at 46 CFR part 388. Department of Transportation. The considered. If you wish to provide Docket Management Facility location Public Participation comments containing proprietary or address is: U.S. Department of confidential information, please contact How do I submit comments? Transportation, MARAD–2021–0055, the agency for alternate submission 1200 New Jersey Avenue SE, West Please submit your comments, instructions. Building, Room W12–140, Washington, including the attachments, following the DC 20590, between 9 a.m. and 5 p.m., (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, instructions provided under the above 46 U.S.C. 12121) Monday through Friday, except on heading entitled ADDRESSES. Be advised Federal holidays. that it may take a few hours or even * * * * * Note: If you mail or hand-deliver your days for your comment to be reflected By Order of the Acting Maritime comments, we recommend that you on the docket. In addition, your Administrator. include your name and a mailing comments must be written in English. T. Mitchell Hudson, Jr., address, an email address, or a We encourage you to provide concise Secretary, Maritime Administration. telephone number in the body of your comments and you may attach [FR Doc. 2021–12496 Filed 6–14–21; 8:45 am] document so that we can contact you if additional documents as necessary. BILLING CODE 4910–81–P we have questions regarding your There is no limit on the length of the submission. attachments. Instructions: All submissions received DEPARTMENT OF TRANSPORTATION must include the agency name and Where do I go to read public comments, and find supporting information? specific docket number. All comments Maritime Administration received will be posted without change Go to the docket online at http:// to the docket at www.regulations.gov, www.regulations.gov, keyword search [Docket No. MARAD–2021–0051] including any personal information MARAD–2021–0055 or visit the Docket Coastwise Endorsement Eligibility provided. For detailed instructions on Management Facility (see ADDRESSES for Determination for a Foreign-Built submitting comments, see the section hours of operation). We recommend that Vessel: SOUTHERN CROSS (Sailing entitled Public Participation. you periodically check the Docket for Catamaran); Invitation for Public FOR FURTHER INFORMATION CONTACT: new submissions and supporting Comments James Mead, U.S. Department of material. Transportation, Maritime AGENCY: Maritime Administration, Will my comments be made available to Transportation (DOT). Administration, 1200 New Jersey the public? Avenue SE, Room W23–459, ACTION: Notice. Washington, DC 20590. Telephone 202– Yes. Be aware that your entire SUMMARY: The Secretary of 366–5723, Email [email protected]. comment, including your personal identifying information, will be made Transportation, as represented by the SUPPLEMENTARY INFORMATION: As publicly available. Maritime Administration (MARAD), is described in the application, the authorized to issue coastwise intended service of the vessel May I submit comments confidentially? endorsement eligibility determinations MIDSUMMER is: If you wish to submit comments for foreign-built vessels which will carry —Intended Commercial Use of Vessel: under a claim of confidentiality, you no more than twelve passengers for hire. ‘‘Crewed charter’’ should submit three copies of your A request for such a determination has

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been received by MARAD. By this as MARAD 2021–0051 at http:// basis for any such claim and, if possible, notice, MARAD seeks comments from www.regulations.gov. Interested parties a summary of your submission that can interested parties as to any effect this may comment on the effect this action be made available to the public. action may have on U.S. vessel builders may have on U.S. vessel builders or Privacy Act or businesses in the U.S. that use U.S.- businesses in the U.S. that use U.S.-flag flag vessels. Information about the vessels. If MARAD determines, in In accordance with 5 U.S.C. 553(c), requestor’s vessel, including a brief accordance with 46 U.S.C. 12121 and DOT solicits comments from the public description of the proposed service, is MARAD’s regulations at 46 CFR part to better inform its rulemaking process. listed below. 388, that the employment of the vessel DOT posts these comments, without DATES: Submit comments on or before in the coastwise trade to carry no more edit, to www.regulations.gov, as July 15, 2021. than 12 passengers will have an unduly described in the system of records ADDRESSES: You may submit comments adverse effect on a U.S.-vessel builder or notice, DOT/ALL–14 FDMS, accessible identified by DOT Docket Number a business that uses U.S.-flag vessels in through www.dot.gov/privacy. To MARAD–2021–0051 by any one of the that business, MARAD will not issue an facilitate comment tracking and following methods: approval of the vessel’s coastwise response, we encourage commenters to • Federal eRulemaking Portal: Go to endorsement eligibility. Comments provide their name, or the name of their http://www.regulations.gov. Search should refer to the vessel name, state the organization; however, submission of MARAD–2021–0051 and follow the commenter’s interest in the application, names is completely optional. Whether instructions for submitting comments. and address the eligibility criteria given or not commenters identify themselves, • Mail or Hand Delivery: Docket in section 388.4 of MARAD’s all timely comments will be fully Management Facility is in the West regulations at 46 CFR part 388. considered. If you wish to provide Building, Ground Floor of the U.S. Public Participation comments containing proprietary or Department of Transportation. The confidential information, please contact Docket Management Facility location How do I submit comments? the agency for alternate submission address is: U.S. Department of Please submit your comments, instructions. Transportation, MARAD–2021–0051, including the attachments, following the (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 1200 New Jersey Avenue SE, West instructions provided under the above 46 U.S.C. 12121) Building, Room W12–140, Washington, heading entitled ADDRESSES. Be advised * * * * * DC 20590, between 9 a.m. and 5 p.m., that it may take a few hours or even Monday through Friday, except on days for your comment to be reflected By Order of the Acting Maritime Administrator. Federal holidays. on the docket. In addition, your Note: If you mail or hand-deliver your comments must be written in English. T. Mitchell Hudson, Jr., comments, we recommend that you We encourage you to provide concise Secretary, Maritime Administration. include your name and a mailing comments and you may attach [FR Doc. 2021–12493 Filed 6–14–21; 8:45 am] address, an email address, or a additional documents as necessary. BILLING CODE 4910–81–P telephone number in the body of your There is no limit on the length of the document so that we can contact you if attachments. we have questions regarding your DEPARTMENT OF TRANSPORTATION submission. Where do I go to read public comments, Instructions: All submissions received and find supporting information? Maritime Administration must include the agency name and Go to the docket online at http:// [Docket No. MARAD–2021–0048] specific docket number. All comments www.regulations.gov, keyword search received will be posted without change MARAD–2021–0051 or visit the Docket Coastwise Endorsement Eligibility to the docket at www.regulations.gov, Management Facility (see ADDRESSES for Determination for a Foreign-Built including any personal information hours of operation). We recommend that Vessel: THE SATELLITE OFFICE provided. For detailed instructions on you periodically check the Docket for (Catamaran); Invitation for Public submitting comments, see the section new submissions and supporting Comments entitled Public Participation. material. AGENCY: Maritime Administration, FOR FURTHER INFORMATION CONTACT: Will my comments be made available to Transportation (DOT). James Mead, U.S. Department of the public? Transportation, Maritime ACTION: Notice. Administration, 1200 New Jersey Yes. Be aware that your entire comment, including your personal SUMMARY: The Secretary of Avenue SE, Room W23–459, Transportation, as represented by the Washington, DC 20590. Telephone 202– identifying information, will be made publicly available. Maritime Administration (MARAD), is 366–5723, Email [email protected]. authorized to issue coastwise SUPPLEMENTARY INFORMATION: As May I submit comments confidentially? endorsement eligibility determinations described in the application, the If you wish to submit comments for foreign-built vessels which will carry intended service of the vessel under a claim of confidentiality, you no more than twelve passengers for hire. SOUTHERN CROSS is: should submit three copies of your A request for such a determination has —Intended Commercial Use of Vessel: complete submission, including the been received by MARAD. By this ‘‘Carrying passengers for hire’’ information you claim to be confidential notice, MARAD seeks comments from —Geographic Region Including Base of business information, to the Department interested parties as to any effect this Operations: ‘‘Florida, Maryland’’ of Transportation, Maritime action may have on U.S. vessel builders (Base of Operations: Key West, FL) Administration, Office of Legislation or businesses in the U.S. that use U.S.- ′ —Vessel Length and Type: 48 Sailing and Regulations, MAR–225, W24–220, flag vessels. Information about the Catamaran 1200 New Jersey Avenue SE, requestor’s vessel, including a brief The complete application is available Washington, DC 20590. Include a cover description of the proposed service, is for review identified in the DOT docket letter setting forth with specificity the listed below.

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DATES: Submit comments on or before businesses in the U.S. that use U.S.-flag Privacy Act July 15, 2021. vessels. If MARAD determines, in In accordance with 5 U.S.C. 553(c), ADDRESSES: You may submit comments accordance with 46 U.S.C. 12121 and DOT solicits comments from the public identified by DOT Docket Number MARAD’s regulations at 46 CFR part to better inform its rulemaking process. MARAD–2021–0048 by any one of the 388, that the employment of the vessel DOT posts these comments, without following methods: in the coastwise trade to carry no more edit, to www.regulations.gov, as • Federal eRulemaking Portal: Go to than 12 passengers will have an unduly described in the system of records http://www.regulations.gov. Search adverse effect on a U.S.-vessel builder or notice, DOT/ALL–14 FDMS, accessible MARAD–2021–0048 and follow the a business that uses U.S.-flag vessels in through www.dot.gov/privacy. To instructions for submitting comments. that business, MARAD will not issue an facilitate comment tracking and • Mail or Hand Delivery: Docket approval of the vessel’s coastwise response, we encourage commenters to Management Facility is in the West endorsement eligibility. Comments provide their name, or the name of their Building, Ground Floor of the U.S. should refer to the vessel name, state the organization; however, submission of Department of Transportation. The commenter’s interest in the application, names is completely optional. Whether Docket Management Facility location and address the eligibility criteria given or not commenters identify themselves, address is: U.S. Department of in section 388.4 of MARAD’s all timely comments will be fully Transportation, MARAD–2021–0048, regulations at 46 CFR part 388. considered. If you wish to provide 1200 New Jersey Avenue SE, West Public Participation comments containing proprietary or Building, Room W12–140, Washington, confidential information, please contact DC 20590, between 9 a.m. and 5 p.m., How do I submit comments? the agency for alternate submission Monday through Friday, except on Please submit your comments, instructions. Federal holidays. including the attachments, following the (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, Note: If you mail or hand-deliver your instructions provided under the above 46 U.S.C. 12121) comments, we recommend that you heading entitled ADDRESSES. Be advised include your name and a mailing that it may take a few hours or even * * * * * address, an email address, or a days for your comment to be reflected By Order of the Acting Maritime telephone number in the body of your on the docket. In addition, your Administrator. document so that we can contact you if comments must be written in English. T. Mitchell Hudson, Jr., we have questions regarding your We encourage you to provide concise Secretary, Maritime Administration. submission. comments and you may attach [FR Doc. 2021–12492 Filed 6–14–21; 8:45 am] Instructions: All submissions received additional documents as necessary. BILLING CODE 4910–81–P must include the agency name and There is no limit on the length of the specific docket number. All comments attachments. received will be posted without change DEPARTMENT OF TRANSPORTATION to the docket at www.regulations.gov, Where do I go to read public comments, including any personal information and find supporting information? Maritime Administration provided. For detailed instructions on Go to the docket online at http:// [Docket No. MARAD–2021–0056] submitting comments, see the section www.regulations.gov, keyword search entitled Public Participation. MARAD–2021–0048 or visit the Docket Coastwise Endorsement Eligibility FOR FURTHER INFORMATION CONTACT: Management Facility (see ADDRESSES for Determination for a Foreign-Built James Mead, U.S. Department of hours of operation). We recommend that Vessel: YCM 90 (Motor Yacht); Transportation, Maritime you periodically check the Docket for Invitation for Public Comments Administration, 1200 New Jersey new submissions and supporting Avenue SE, Room W23–459, material. AGENCY: Maritime Administration, Washington, DC 20590. Telephone 202– Transportation (DOT). Will my comments be made available to 366–5723, Email [email protected]. ACTION: Notice. the public? SUPPLEMENTARY INFORMATION: As SUMMARY: The Secretary of described in the application, the Yes. Be aware that your entire comment, including your personal Transportation, as represented by the intended service of the vessel THE Maritime Administration (MARAD), is SATELLITE OFFICE is: identifying information, will be made publicly available. authorized to issue coastwise —Intended Commercial Use of Vessel: endorsement eligibility determinations ‘‘Occasional bare boat charter but May I submit comments confidentially? for foreign-built vessels which will carry mainly a personal recreation vessel.’’ If you wish to submit comments no more than twelve passengers for hire. —Geographic Region Including Base of under a claim of confidentiality, you A request for such a determination has Operations: ‘‘Texas, Louisiana, should submit three copies of your been received by MARAD. By this Mississippi, Alabama, Florida, complete submission, including the notice, MARAD seeks comments from Georgia, S Carolina, N Carolina, information you claim to be confidential interested parties as to any effect this Virginia.’’ Base of Operations: business information, to the Department action may have on U.S. vessel builders Fairhope AL) or businesses in the U.S. that use U.S.- ′ of Transportation, Maritime —Vessel Length and Type: 38 Administration, Office of Legislation flag vessels. Information about the Catamaran and Regulations, MAR–225, W24–220, requestor’s vessel, including a brief The complete application is available 1200 New Jersey Avenue SE, description of the proposed service, is for review identified in the DOT docket Washington, DC 20590. Include a cover listed below. as MARAD 2021–0048 at http:// letter setting forth with specificity the DATES: Submit comments on or before www.regulations.gov. Interested parties basis for any such claim and, if possible, July 15, 2021. may comment on the effect this action a summary of your submission that can ADDRESSES: You may submit comments may have on U.S. vessel builders or be made available to the public. identified by DOT Docket Number

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MARAD–2021–0056 by any one of the a business that uses U.S.-flag vessels in through www.dot.gov/privacy. To following methods: that business, MARAD will not issue an facilitate comment tracking and • Federal eRulemaking Portal: Go to approval of the vessel’s coastwise response, we encourage commenters to http://www.regulations.gov. Search endorsement eligibility. Comments provide their name, or the name of their MARAD–2021–0056 and follow the should refer to the vessel name, state the organization; however, submission of instructions for submitting comments. commenter’s interest in the application, names is completely optional. Whether • Mail or Hand Delivery: Docket and address the eligibility criteria given or not commenters identify themselves, Management Facility is in the West in section 388.4 of MARAD’s all timely comments will be fully Building, Ground Floor of the U.S. regulations at 46 CFR part 388. considered. If you wish to provide Department of Transportation. The Public Participation comments containing proprietary or Docket Management Facility location confidential information, please contact address is: U.S. Department of How do I submit comments? the agency for alternate submission Transportation, MARAD–2021–0056, Please submit your comments, instructions. 1200 New Jersey Avenue SE, West including the attachments, following the (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, Building, Room W12–140, Washington, instructions provided under the above 46 U.S.C. 12121) DC 20590, between 9 a.m. and 5 p.m., heading entitled ADDRESSES. Be advised * * * * * Monday through Friday, except on that it may take a few hours or even Federal holidays. By Order of the Acting Maritime days for your comment to be reflected Administrator. Note: If you mail or hand-deliver your on the docket. In addition, your comments, we recommend that you comments must be written in English. T. Mitchell Hudson, Jr., include your name and a mailing We encourage you to provide concise Secretary, Maritime Administration. address, an email address, or a comments and you may attach [FR Doc. 2021–12498 Filed 6–14–21; 8:45 am] telephone number in the body of your additional documents as necessary. BILLING CODE 4910–81–P document so that we can contact you if There is no limit on the length of the we have questions regarding your attachments. submission. DEPARTMENT OF TRANSPORTATION Instructions: All submissions received Where do I go to read public comments, must include the agency name and and find supporting information? Maritime Administration specific docket number. All comments Go to the docket online at http:// [Docket No. MARAD–2021–0072] received will be posted without change www.regulations.gov, keyword search to the docket at www.regulations.gov, MARAD–2021–0056 or visit the Docket Coastwise Endorsement Eligibility including any personal information Management Facility (see ADDRESSES for Determination for a Foreign-Built provided. For detailed instructions on hours of operation). We recommend that Vessel: PIECES OF EIGHT (Motor submitting comments, see the section you periodically check the Docket for Vessel); Invitation for Public entitled Public Participation. new submissions and supporting Comments FOR FURTHER INFORMATION CONTACT: material. AGENCY: James Mead, U.S. Department of Maritime Administration, DOT. Will my comments be made available to Transportation, Maritime ACTION: Notice. the public? Administration, 1200 New Jersey SUMMARY: The Secretary of Yes. Be aware that your entire Avenue SE, Room W23–459, Transportation, as represented by the comment, including your personal Washington, DC 20590. Telephone 202– Maritime Administration (MARAD), is identifying information, will be made 366–5723, Email [email protected]. authorized to issue coastwise publicly available. SUPPLEMENTARY INFORMATION: As endorsement eligibility determinations described in the application, the May I submit comments confidentially? for foreign-built vessels which will carry intended service of the vessel YCM 90 If you wish to submit comments no more than twelve passengers for hire. is: under a claim of confidentiality, you A request for such a determination has —Intended Commercial Use of Vessel: should submit three copies of your been received by MARAD. By this ‘‘The vessel will be used for daily complete submission, including the notice, MARAD seeks comments from private charters.’’ information you claim to be confidential interested parties as to any effect this —Geographic Region Including Base of business information, to the Department action may have on U.S. vessel builders Operations: ‘‘Florida’’ (Base of of Transportation, Maritime or businesses in the U.S. that use U.S.- Operations: Miami FL) Administration, Office of Legislation flag vessels. Information about the —Vessel Length and Type: 79′ Motor and Regulations, MAR–225, W24–220, requestor’s vessel, including a brief Yacht 1200 New Jersey Avenue SE, description of the proposed service, is The complete application is available Washington, DC 20590. Include a cover listed below. for review identified in the DOT docket letter setting forth with specificity the DATES: Submit comments on or before as MARAD 2021–0056 at http:// basis for any such claim and, if possible, July 15, 2021. www.regulations.gov. Interested parties a summary of your submission that can ADDRESSES: You may submit comments may comment on the effect this action be made available to the public. identified by DOT Docket Number may have on U.S. vessel builders or MARAD–2021–0072 by any one of the Privacy Act businesses in the U.S. that use U.S.-flag following methods: vessels. If MARAD determines, in In accordance with 5 U.S.C. 553(c), • Federal eRulemaking Portal: Go to accordance with 46 U.S.C. 12121 and DOT solicits comments from the public http://www.regulations.gov. Search MARAD’s regulations at 46 CFR part to better inform its rulemaking process. MARAD–2021–0072 and follow the 388, that the employment of the vessel DOT posts these comments, without instructions for submitting comments. in the coastwise trade to carry no more edit, to www.regulations.gov, as • Mail or Hand Delivery: Docket than 12 passengers will have an unduly described in the system of records Management Facility is in the West adverse effect on a U.S.-vessel builder or notice, DOT/ALL–14 FDMS, accessible Building, Ground Floor of the U.S.

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Department of Transportation. The Public Participation comments containing proprietary or Docket Management Facility location confidential information, please contact How do I submit comments? address is: U.S. Department of the agency for alternate submission Transportation, MARAD–2021–0072, Please submit your comments, instructions. including the attachments, following the 1200 New Jersey Avenue SE, West (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, Building, Room W12–140, Washington, instructions provided under the above 46 U.S.C. 12121) heading entitled ADDRESSES. Be advised DC 20590, between 9 a.m. and 5 p.m., * * * * * Monday through Friday, except on that it may take a few hours or even Federal holidays. days for your comment to be reflected By Order of the Acting Maritime Note: If you mail or hand-deliver your on the docket. In addition, your Administrator. comments, we recommend that you comments must be written in English. T. Mitchell Hudson, Jr., include your name and a mailing We encourage you to provide concise Secretary, Maritime Administration. address, an email address, or a comments and you may attach [FR Doc. 2021–12518 Filed 6–14–21; 8:45 am] telephone number in the body of your additional documents as necessary. BILLING CODE 4910–81–P document so that we can contact you if There is no limit on the length of the we have questions regarding your attachments. DEPARTMENT OF TRANSPORTATION submission. Where do I go to read public comments, Instructions: All submissions received and find supporting information? Maritime Administration must include the agency name and Go to the docket online at http:// specific docket number. All comments [Docket No. MARAD–2021–0063] received will be posted without change www.regulations.gov, keyword search MARAD–2021–0072 or visit the Docket to the docket at www.regulations.gov, Coastwise Endorsement Eligibility Management Facility (see ADDRESSES for including any personal information Determination for a Foreign-Built hours of operation). We recommend that provided. For detailed instructions on Vessel: SIMPATICA (Motor Yacht); you periodically check the Docket for submitting comments, see the section Invitation for Public Comments entitled Public Participation. new submissions and supporting material. AGENCY: Maritime Administration, DOT. FOR FURTHER INFORMATION CONTACT: James Mead, U.S. Department of Will my comments be made available to ACTION: Notice. Transportation, Maritime the public? SUMMARY: The Secretary of Administration, 1200 New Jersey Yes. Be aware that your entire Transportation, as represented by the Avenue SE, Room W23–459, comment, including your personal Maritime Administration (MARAD), is Washington, DC 20590. Telephone 202– identifying information, will be made authorized to issue coastwise 366–5723, Email [email protected]. publicly available. endorsement eligibility determinations SUPPLEMENTARY INFORMATION: As May I submit comments confidentially? for foreign-built vessels which will carry described in the application, the no more than twelve passengers for hire. intended service of the vessel PIECES If you wish to submit comments A request for such a determination has OF EIGHT is: under a claim of confidentiality, you been received by MARAD. By this should submit three copies of your —Intended Commercial Use of Vessel: notice, MARAD seeks comments from complete submission, including the ‘‘Carrying passengers for hire’’ interested parties as to any effect this information you claim to be confidential —Geographic Region Including Base of action may have on U.S. vessel builders business information, to the Department Operations: ‘‘California’’ (Base of or businesses in the U.S. that use U.S.- of Transportation, Maritime Operations: Marina Del Rey, CA) flag vessels. Information about the ′ Administration, Office of Legislation requestor’s vessel, including a brief —Vessel Length and Type: 45.6 Motor and Regulations, MAR–225, W24–220, Vessel. description of the proposed service, is 1200 New Jersey Avenue SE, listed below. The complete application is available Washington, DC 20590. Include a cover for review identified in the DOT docket letter setting forth with specificity the DATES: Submit comments on or before as MARAD 2021–0072 at http:// basis for any such claim and, if possible, July 15, 2021. www.regulations.gov. Interested parties a summary of your submission that can ADDRESSES: You may submit comments may comment on the effect this action be made available to the public. identified by DOT Docket Number may have on U.S. vessel builders or MARAD–2021–0063 by any one of the businesses in the U.S. that use U.S.-flag Privacy Act following methods: vessels. If MARAD determines, in In accordance with 5 U.S.C. 553(c), • Federal eRulemaking Portal: Go to accordance with 46 U.S.C. 12121 and DOT solicits comments from the public http://www.regulations.gov. Search MARAD’s regulations at 46 CFR part to better inform its rulemaking process. MARAD–2021–0063 and follow the 388, that the employment of the vessel DOT posts these comments, without instructions for submitting comments. in the coastwise trade to carry no more edit, to www.regulations.gov, as • Mail or Hand Delivery: Docket than 12 passengers will have an unduly described in the system of records Management Facility is in the West adverse effect on a U.S.-vessel builder or notice, DOT/ALL–14 FDMS, accessible Building, Ground Floor of the U.S. a business that uses U.S.-flag vessels in through www.dot.gov/privacy. To Department of Transportation. The that business, MARAD will not issue an facilitate comment tracking and Docket Management Facility location approval of the vessel’s coastwise response, we encourage commenters to address is: U.S. Department of endorsement eligibility. Comments provide their name, or the name of their Transportation, MARAD–2021–0063, should refer to the vessel name, state the organization; however, submission of 1200 New Jersey Avenue SE, West commenter’s interest in the application, names is completely optional. Whether Building, Room W12–140, Washington, and address the eligibility criteria given or not commenters identify themselves, DC 20590, between 9 a.m. and 5 p.m., in section 388.4 of MARAD’s all timely comments will be fully Monday through Friday, except on regulations at 46 CFR part 388. considered. If you wish to provide Federal holidays.

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Note: If you mail or hand-deliver your comments must be written in English. By Order of the Acting Maritime comments, we recommend that you include We encourage you to provide concise Administrator. your name and a mailing address, an email comments and you may attach T. Mitchell Hudson, Jr., address, or a telephone number in the body additional documents as necessary. Secretary, Maritime Administration. of your document so that we can contact you if we have questions regarding your There is no limit on the length of the [FR Doc. 2021–12531 Filed 6–14–21; 8:45 am] submission. attachments. BILLING CODE 4910–81–P Instructions: All submissions received Where do I go to read public comments, must include the agency name and and find supporting information? DEPARTMENT OF TRANSPORTATION specific docket number. All comments received will be posted without change Go to the docket online at http:// to the docket at www.regulations.gov, www.regulations.gov, keyword search [Docket No. DOT–OST–2021–0072] MARAD–2021–0063 or visit the Docket including any personal information Agency Requests for Approval of a provided. For detailed instructions on Management Facility (see ADDRESSES for hours of operation). We recommend that New Information Collection(s): submitting comments, see the section Disadvantaged Business Enterprise entitled Public Participation. you periodically check the Docket for new submissions and supporting (DBE) Program Requirements FOR FURTHER INFORMATION CONTACT: James Mead, U.S. Department of material. AGENCY: Office of the Secretary (OST). Transportation, Maritime Will my comments be made available to ACTION: Notice and request for Administration, 1200 New Jersey the public? comments. Avenue SE, Room W23–459, Washington, DC 20590. Telephone 202– Yes. Be aware that your entire SUMMARY: The Department of 366–5723, Email [email protected]. comment, including your personal Transportation (DOT or Department) invites public comments about our SUPPLEMENTARY INFORMATION: As identifying information, will be made intention to request approval from the described in the application, the publicly available. Office of Management and Budget intended service of the vessel May I submit comments confidentially? (OMB) for an information collection for SIMPATICA is: the Department’s Disadvantaged If you wish to submit comments —Intended Commercial Use of Vessel: Business Enterprise (DBE) program. The under a claim of confidentiality, you ‘‘Charter’’. DBE program has been in existence should submit three copies of your —Geographic Region Including Base of since 1983. The information collections complete submission, including the Operations: ‘‘California’’ (Base of described in this notice are necessary to information you claim to be confidential Operations: Marina del Rey, CA) maintain successful implementation of business information, to the Department —Vessel Length and Type: 89′ Motor the DBE program, as it helps ensure that of Transportation, Maritime Yacht state and local agencies receiving DOT Administration, Office of Legislation funds (hereinafter, recipients) carry out The complete application is available and Regulations, MAR–225, W24–220, for review identified in the DOT docket the program’s mission of providing a 1200 New Jersey Avenue SE, level playing field for small businesses as MARAD 2021–0063 at http:// Washington, DC 20590. Include a cover www.regulations.gov. Interested parties owned and controlled by socially and letter setting forth with specificity the economically disadvantaged may comment on the effect this action basis for any such claim and, if possible, may have on U.S. vessel builders or individuals. DOT is publishing this a summary of your submission that can notice in the Federal Register to meet businesses in the U.S. that use U.S.-flag be made available to the public. vessels. If MARAD determines, in the requirements of the Paperwork accordance with 46 U.S.C. 12121 and Privacy Act Reduction Act of 1995. MARAD’s regulations at 46 CFR part DATES: Written comments should be 388, that the employment of the vessel In accordance with 5 U.S.C. 553(c), submitted by August 16, 2021. DOT solicits comments from the public in the coastwise trade to carry no more ADDRESSES: You may submit comments to better inform its rulemaking process. than 12 passengers will have an unduly [identified by Docket No. DOT–OST– DOT posts these comments, without adverse effect on a U.S.-vessel builder or 2021–0072] through one of the edit, to www.regulations.gov, as a business that uses U.S.-flag vessels in following methods: that business, MARAD will not issue an described in the system of records • Federal eRulemaking Portal: http:// approval of the vessel’s coastwise notice, DOT/ALL–14 FDMS, accessible www.regulations.gov. Follow the online endorsement eligibility. Comments through www.dot.gov/privacy. To instructions for submitting comments. should refer to the vessel name, state the facilitate comment tracking and • Fax: (202) 493–2251. commenter’s interest in the application, response, we encourage commenters to • Mail or Hand Delivery: Docket and address the eligibility criteria given provide their name, or the name of their Management Facility, U.S. Department in section 388.4 of MARAD’s organization; however, submission of of Transportation, 1200 New Jersey regulations at 46 CFR part 388. names is completely optional. Whether Avenue SE, West Building, Room W12– or not commenters identify themselves, Public Participation 140, Washington, DC 20590, between 9 all timely comments will be fully a.m. and 5 p.m., Monday through How do I submit comments? considered. If you wish to provide Friday, except on Federal holidays. comments containing proprietary or Please submit your comments, confidential information, please contact FOR FURTHER INFORMATION CONTACT: including the attachments, following the the agency for alternate submission Marc D. Pentino, (202) 366–6968, instructions provided under the above instructions. [email protected] or Aarathi Haig, heading entitled ADDRESSES. Be advised (202) 366–5990, [email protected]/ that it may take a few hours or even (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, Departmental Office of Civil Rights, days for your comment to be reflected 46 U.S.C. 12121) Office of the Secretary, U.S. Department on the docket. In addition, your * * * * * of Transportation.

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SUPPLEMENTARY INFORMATION: The DBE have not been adequately accounted for address, DBE status, age, and program is regulated by 49 CFR part 26 in the current collection. For instance, approximate annual gross receipts. (DBE regulation) and is authorized by the DBE regulation requires recipients to The annual burden hours that DOT the Fixing America’s Surface maintain a bidders list and a DBE received from six stakeholder responses Transportation (FAST) Act Public Law Directory. These recordkeeping ranged from 3–915 hours. The total 114–94 (Dec. 4, 2015). The applicable activities have not previously been estimated annual cost burden from four statute for the Federal Aviation included in the Department’s paperwork stakeholder responses ranged from Administration’s Airport Improvement burden calculation. As stated in 5 CFR $360–$35,000. Although the Department Program-funded DBE Program is 49 1320.3(m), ‘‘Recordkeeping requirement acknowledges the wide range of U.S.C. 47113 and FAA’s general means a requirement imposed by or for recipients that must comply with this nondiscrimination statute is 49 U.S.C. an agency on persons to maintain requirement, it seems unlikely that full- 47123. specified records, including a time employees dedicate half of their In preparing this notice, the requirement to: (1) Retain such records; time each year to this task, as these lists Department identified various aspects of (2) Notify third parties, the Federal are only updated three times per year the DBE program that have existed as government, or the public of the for each recipient. Thus, the Department requirements for a long period of time, existence of such records; (3) Disclose believes that the total annual burden per several decades in some cases, that such records to third parties, the Federal recipient is likely towards the lower end include information collections that government, or the public; or (4) Report of the estimates DOT received. have not been appropriately accounted to third parties, the Federal government, Respondents: State and local for in the current collection. To assist in or the public regarding such records.’’ recipients of DOT funds. estimating the potential paperwork Thus, a requirement to retain records Number of Respondents: 1,198 (592 burden of these collections, the that do not necessarily require Federal Aviation Administration (FAA) Department reached out to a small submission to the Department are recipients, 53 Federal Highway number of stakeholders to gain a general covered under the PRA and are Administration (FHWA) recipients, 553 understanding of how much time they included in the current collection. Federal Transit Administration (FTA) spend each year responding to these For purposes of this 60-day notice, the recipients). collections. However, the stakeholder Department has included the burden Frequency: 3 times per year, although responses varied so significantly that estimates we received from the small recipients have significant flexibility the Department is concerned the number of stakeholders we contacted. under § 26.11 to determine how often responses blur lines between what As noted above, the Department is they update their bidders lists. aspects of the program are specifically concerned that at least several of these Number of Responses: 3,594. information collections versus more estimates pertain to regulatory burdens Total Annual Burden: 636 hours and general requirements of the program. that are not subject to PRA To help commenters provide $30,000. requirements. To the extent feasible, the information that will better allow the Department requests that commenters 2. Maintaining DBE Directories Department to include the appropriate who provide burden estimates for paperwork burden within this Section 26.81(g) requires recipients to collection, the Department offers the aspects of the program identified below maintain an electronic DBE directory. following clarifications. A ‘‘collection of be as specific as possible about Section 26.31 mandates that each information’’ is defined as ‘‘the paperwork burdens, including what directory listing include the firm’s obtaining, causing to be obtained, amount of time each task takes and address, phone number, and the types of soliciting, or requiring the disclosure to what, if any, additional costs beyond work the firm has been certified to an agency, third parties or the public of labor costs (e.g., copying, mailing, perform as a DBE, using the most information by or for an agency by storage, or other technology costs) are specific North American Industry means of identical questions posed to, associated with each aspect of the Classification System (NAICS) code or identical reporting, recordkeeping, or collection. available to describe each type of work. disclosure requirements imposed on, OMB Control Number: N/A. The primary purpose of the directory is ten or more persons.’’ 5 CFR Title: Disadvantaged Business to show the results of the certification 1320.3(c)(1). The activities that Enterprise (DBE) Program Requirements. process, i.e., all firms that the recipient constitute the ‘‘burden’’ associated with Form Numbers: N/A. has certified. Prime contractors use the a collection are defined in 5 CFR Type of Review: Initial Approval of information to find potential DBE 1320.3(b)(1) as ‘‘the total time, effort, or Existing Information Collection. subcontractors. The total annual burden hours the financial resources expended by persons 1. Maintain Bidders Lists to generate, maintain, retain, or disclose Department received from five or provide information to or for a Section 26.11 and Appendix B of the stakeholder responses ranged from 10– Federal agency.’’ Importantly, this DBE regulation require recipients to 1,300 hours. The total annual cost burden is not necessarily the same as maintain a bidders list. The purpose of burden from four stakeholder responses the entire regulatory burden for a the list is to provide recipients the most ranged from $240–$79,800. As with the program or an aspect of a program. For precise data possible about the universe above, the Department is concerned that example, if a regulation requires an of DBE and non-DBE contractors and the high estimate includes burdens inspection and the completion of a form subcontractors who seek to work on beyond the paperwork requirement of documenting the inspection, the full federally-assisted contracts. Recipients updating and maintaining the directory, regulatory burden would likely include use the bidders lists to accurately though the Department believes the both actions, while the paperwork determine the availability of DBE and lower value of 10 hours may be burden would only include the time and non-DBE firms and to measure the insufficient for larger stakeholders. other resources needed to complete the relative availability of ready, willing, Respondents: State and local form. and able DBEs when setting their overall recipients of DOT funds that perform In addition, the Department believes goals under § 26.45. The data on a DBE certification. certain recordkeeping requirements bidders list includes each firm’s name, Number of Respondents: 132.

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Frequency: Monthly, i.e., 12 times overconcentration allegation to any fiscal year are less than the overall each year. determine if it supports a finding of goal applicable to that fiscal year, the Number of Responses: 1,584. overconcentration. The OAs have never recipient must, in order to be regarded Total Annual Burden: 4,500 hours received submittals of by the Department as implementing the and $426,000. overconcentration determinations from DBE program in good faith: (1) Analyze 3. Monitoring the Performance of DBE recipients. in detail the reasons for the difference Program Participants Respondents: State and local between the overall goal and awards recipients of DOT funds. and commitments in that fiscal year, Section 26.37 requires recipients to Number of Respondents: 1,198 (592 and (2) establish specific steps and implement monitoring mechanisms to FAA recipients, 53 FHWA recipients, milestones to correct the problems the ensure that all DBE program 553 FTA recipients). recipient identified in the analysis and participants comply with the Frequency: Zero. to enable the recipient to meet fully the regulation’s requirements. There are two Number of Responses: Zero. goal for the new fiscal year. If the required mechanisms: (1) Written Total Annual Burden: Zero. recipient is a state highway agency, one certification that recipients have 5. Setting Overall Goals for DBE of the 50 largest transit authorities as reviewed contracting records and Participation in DOT-Assisted determined by the FTA, or an monitored work sites in their state for Contracts Operational Evolution Partnership Plan this purpose, and (2) a running tally of airport or other airport designated by actual DBE attainments (i.e., payments Congress carefully considered and the FAA, the recipient must submit, actually made to DBE firms). If a DOT concluded that race-neutral means alone within 90 days of the end of the fiscal Operating Administration (OA) are insufficient to remedy the effects of year, an analysis and corrective action conducts a compliance review or discrimination in DOT-assisted plan to the appropriate OA for approval. investigation, it checks to see if the contracting. To meet Constitutional A transit authority or airport not recipient has the written certifications strict scrutiny requirements, DBE meeting the criteria of § 26.47(c)(3)(i) and tallies; recipients do not otherwise programs’ race-conscious means must must retain its analysis and corrective submit the information. Recipients be narrowly tailored. Section 26.45 actions in its records for three years and collect the information so they can mandates that, in three-year intervals, make it available to the FTA or FAA on confirm at project sites that the DBE to recipients set and submit to DOT a race- request. whom the work was committed is in conscious overall goal for DBE The total annual burden hours DOT fact performing the work. participation in DOT-assisted contracts received from seven stakeholder The total estimated annual burden based on the availability of DBE firms responses ranged from 3–2,000 hours. hours DOT received from the six compared to all firms in each recipient’s The total annual cost burden was stakeholder responses ranged from 45– DOT-assisted contracting market. calculated based on the average of five 2000 hours. The total annual cost Recipients must include with their stakeholder responses ranging from burden was calculated based on the overall goal submission a description of $450–$80,000. The Department is average of four stakeholder responses the methodology they used to establish concerned that the higher numbers ranging from $10,000–$80,000. The the goal and a projection of the portions account for aspects of the program Department believes that it is likely that of the overall goal that they expect to beyond the narrow collection in this the stakeholders who provided the meet through race-neutral and race- requirement. higher estimates based their responses conscious means. Respondents: State and local on the substantive monitoring The total annual burden hours below recipients of DOT funds. requirement rather than the paperwork were calculated based on the average of Number of Respondents: 450. specific requirements. six stakeholder responses ranging from Frequency: Annually or triennially Respondents: State and local 16–500 hours. The total annual cost depending on which OA provided the recipients of DOT funds. burden was calculated based on the funds. Number of Respondents: 1,198 (592 average of four stakeholder responses Number of Responses: 450. FAA recipients, 53 FHWA recipients, ranging from $2,300–$50,000. The Total Annual Burden: 650 hours and 553 FTA recipients). Department notes that the paperwork- $36,650 per respondent. Frequency: 36 times each year (3 specific burden does not apply to all the 7. Requiring Transit Vehicle times per month). work that goes into the goal setting Manufacturers (TVMs) To Comply With Number of Responses: 43,128. process, but rather only to those aspects the DBE Regulation’s Goal Setting Total Annual Burden: 28,224 hours of that work that is related to the Requirements and $42,250. submission of goal methodology. Respondents: State and local Under § 26.49, FTA funding 4. Addressing Overconcentration of recipients must require that each TVM, DBEs in Certain Types of Work recipients of DOT funds. Number of Respondents: 1,198 (592 as a condition of being authorized to bid Section 26.33 contemplates a FAA recipients, 53 FHWA recipients, or propose on FTA-assisted transit situation in which DBEs in a certain 553 FTA recipients). vehicle procurements, certify that it has work type are so prevalent that they Frequency: Triennially. complied with the regulation’s goal unduly burden the ability of non-DBE Number of Responses: 1,198. setting requirements. TVMs must firms to participate in those work types. Total Annual Burden: 47 hours and establish and submit for the FTA’s If a recipient determines that $5,400. approval an annual overall percentage overconcentration of DBEs exists in goal that is narrowly tailored and certain types of work, the recipient must 6. Analyzing Discrepancies Between specific to its market area. The FTA submit to the appropriate OA the Uniform Report Data and Recipients’ reviews the goal setting methodologies reasons for the determination and the Overall Goals to ensure that they are developed measures devised to address it. The Section 26.47(c) mandates that if the pursuant to regulatory requirements and recipient must review and analyze awards and commitments shown on a the Department’s official guidance. In actual data concerning an recipient’s Uniform Report at the end of addition to submitting an annual

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percentage goal, FTA recipients must neutral efforts they should undertake to including what amount of time it takes submit, within 30 days of making an meet their overall goal. to prepare and submit ‘‘good faith award, the name of the successful The total annual burden hours DOT efforts’’ documentation and any bidder and the total dollar value of the received from six stakeholder responses additional costs beyond labor costs (e.g., contract in the manner prescribed in the ranged from 3–1,387 hours. The total copying, mailing, storage, or other grant agreement. Once collected, the annual cost burden from four technology costs). FTA analyzes the information for stakeholder responses ranged from Respondents: State and local oversight purposes. For example, when $360–$100,000. The Department recipients of DOT funds. the FTA conducts triennial and DBE- believes that the higher totals include Number of Respondents: 1,198 (592 specific reviews, FTA contractors check programmatic burdens beyond this FAA recipients, 53 FHWA recipients, the TVM Award Report data to make specific collection. 553 FTA recipients). sure that the information on file with Respondents: State and local Frequency: 72 times each year (6 the recipients is accurately reflected on recipients of DOT funds. times per month). the report. Number of Respondents: 1,198 (592 Number of Responses: 86,256. The total annual burden hours for FAA recipients, 53 FHWA recipients, Total Annual Burden: 4,680 hours FTA recipients were calculated based 553 FTA recipients). and $359,400. on the average of three stakeholder Frequency: Triennially. Number of Responses: 1,198. 10. Drafting Unified Certification responses ranging from 1–40 hours. The Program (UCP) Agreements total annual cost burden for FTA Total Annual Burden: 171,713 hours recipients was calculated based on the and $9,000. The DBE program regulation requires average of two stakeholder responses 9. Submitting Evidence of Having Made all recipients and sponsors ranging from $60–$4,000. The total ‘‘Good Faith Efforts’’ To Secure DBE implementing DBE programs to annual burden hours and cost for TVMs Participation in DOT-Assisted establish a UCP in their respective is the response from one stakeholder. Contracts jurisdictions. In January 2020, DOCR The Department believes that these evaluated the UCP agreements of the 50 Section 26.53(b)(2) and Appendix A responses are, generally, consistent with states, the District of Columbia, the state that in solicitations for DOT- its understanding of the paperwork Northern Mariana Islands, and Puerto assisted contracts for which a contract burden associated with this Rico. DOCR found that over 20 UCP goal has been established, a recipient requirement. agreements have substantial errors, have Respondents: FTA recipients and must require all bidders or offerors to not been updated to reflect changes to TVMs. submit the names and addresses of the the DBE regulation made in 2011 and Number of Respondents: 391 (328 DBE firms that will participate in the 2014, and contain significant changes FTA recipients; 63 TVMs). contract, a description of the work that that might not have been approved by Frequency: FTA recipients each each DBE will perform, the dollar the Department. submit contract award information once amount of the participation of each DBE One of the Department’s concerns is each time they award a contract to a firm participating, written that the UCP agreements and procedures TVM, i.e., cumulatively 1,255 times documentation of the bidder/offeror’s are posted online and included in each year. The 63 TVMs each annually commitment to use a DBE subcontractor employee training materials, but contain submit one overall percentage goal to whose participation it submits to meet information that misleads certified and the FTA, i.e., cumulative total of 63 a contract goal, and written applicant firms, as well as the recipients annual submissions. confirmation from each listed DBE firm that created the agreements. Number of Responses: 1,255 (1,192 that it is participating in the contract in The total annual burden hours for FTA recipient responses and 63 TVM the kind and amount of work provided UCPs to update their program responses). in the prime contractor’s commitment. If agreements was calculated based on two Total Annual Burden: 12,020 hours the contract goal is not met, the stakeholder responses ranging from and $18,880 (11,920 hours and $17,880 recipient must require all bidders or 2–192 hours. The total annual cost for FTA recipients to submit contract offerors to submit evidence of their burden was calculated based on the award information; 100 hours and ‘‘good faith efforts’’ to achieve DBE response of one stakeholder. $1,000 for each TVM to submit one participation on the contract. The Respondents: Unified Certification overall percentage goal submission). documentation of good faith efforts Programs. must include copies of each DBE and 8. Projecting Which Portions of Overall Number of Respondents: 53. non-DBE subcontractor quote submitted Frequency: The Department proposes Goals of DBE Participation Will Be Met to the bidder when a non-DBE that this occur every four years. The Through Race-Neutral Means and subcontractor was selected over a DBE. Department or OAs may, as part of Which Portions Will Be Met Through The total annual burden hours below compliance activities, recommend or Race-Conscious Means were calculated based on the average of request the recipient and sponsor to Section 26.51(c) states that each time five recipient responses ranging from make changes more frequently if a recipient submits an overall goal for 2–192 hours. The total annual cost necessary. review by the concerned OA, the burden was calculated based on the Number of Responses: 53. recipient must also submit a projection average of four stakeholder responses Total Annual Burden: 50 hours and of the portion of the goal that the ranging from $250–$7,300. The $3,700 per respondent. recipient expects to meet through race- Department acknowledges that the neutral means and the basis for that requirement of submitting ‘‘good faith 11. Evaluating the DBE Certification projection. The projection is subject to efforts’’ documentation imposes a Eligibility of Applicant Firms approval by the concerned OA in paperwork burden on prime contractors Recipients must take various steps in conjunction with its review of the as well. We request that prime determining an applicant’s eligibility, recipient’s overall goal. Recipients use contractors who comment on this such as performing an on-site visit to the information to determine what collection provide hour and cost burden the firm’s principal place of business. combination of race-conscious and race- estimates that are as specific as possible, Recipients often write a report

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documenting the visit and maintain a 13. Removing the Eligibility of a DBE Total Annual Burden: 6,095 hours copy of it. They send a copy to the Firm and $217,300. Department if a firm found ineligible Section 26.87 describes the process 14. Mailing and Maintaining Copies of files an appeal. for a recipient to remove a firm’s Summary Suspension Notices The total annual burden hours below certification. If a recipient determines Under § 26.88 when a recipient were calculated based on the average of there is reasonable cause to believe that summarily suspends a firm’s DBE three stakeholder responses ranging a certified firm is no longer eligible for certification, the recipient must from 240–2,000 hours. The total annual DBE certification, the recipient must immediately notify the firm of the cost burden was calculated based on give the firm a written notice of its suspension by certified mail, return one stakeholder response of $80,000. intent to decertify the firm. The notice receipt requested, to the last known Respondents: Recipients that perform must clearly describe the reasons for the address of the owner(s) of the firm. If DBE certification. proposed determination and the reasons the owner(s) responds to the notice with for it, with specific references to the Number of Respondents: 132. information demonstrating that the firm evidence in the record on which each Frequency: 40 per respondent. remains eligible, the recipient must reason is based. The recipient must offer Number of Responses: 5,280. respond in writing (within 30 days of the firm, in writing, an opportunity for receiving the information) and explain Total Annual Burden: 44,000 hours an informal hearing at which the firm and $3.2 million. how it intends to proceed. may respond to the reasons for the The total annual burden hours below 12. Maintaining Copies of Written proposal to remove its eligibility. The were calculated based on the average of Denial Letters Sent to Applicant Firms recipient must maintain a verbatim three stakeholder responses ranging and Sending Copies to DOT Upon record/transcript of the hearing. If a from 12–180 hours. The total annual Request recipient reaches a final decision to cost burden was calculated based on decertify the firm, the recipient must one response from one stakeholder of Under § 26.86(a), when a recipient provide the firm written notice of the denies a certification application of a $7,600. This is another instance in decision and the reasons for it, which the Department believes that firm that is not currently certified by the including specific references to the UCP of which the recipient is a member, recipients included hours and costs evidence in the record that supports beyond those attributable to the the recipient must provide the firm a each reason for the decision. The notice written denial letter explaining the paperwork burden. Given that, the must inform the firm of the hours and cost estimates the Department reasons for the decision, specifically consequences of the final decision and referencing the evidence in the record received are likely too high. Summary explain the process for filing an appeal suspension notices are not standardized that supports each reason for the denial. with the Department. If the firm appeals The recipient must maintain a copy of and thus not considered an information to the Department, the recipient must collection. The burden associated with the denial letter. If the denied firm provide the Department with a copy of appeals to DOT, the recipient must send writing them is not a paperwork burden. the transcript, and on request, to the The only paperwork burdens are for a copy of the letter to DOT. If the firm firm. requests the documents and other recipients to send the notices by The information collected during the certified mail to firms and maintain an information on which the denial was decertification process is used in based, the recipient must provide them. electronic copy. multiple ways. The decisionmaker Respondents: Recipients that perform The total annual burden hours below appointed by the recipient uses the DBE certification. were calculated based on the average of information in the notice of intent to Number of Respondents: 132. three recipient responses within a decertify and any evidence presented Frequency: 5 times each year. narrow range. The total annual cost during or after the hearing to make a Number of Responses: 660. burden was calculated based on one final decision on whether the firm Total Annual Burden: 420 hours and stakeholder response of $7,000. This is should be decertified. The firm uses the $38,000. an instance in which the Department information in the notice of intent to believes that recipients included hours decertify to determine what evidence or 15. Sending the Department a Full and costs beyond those attributable to arguments it might want to submit at the Administrative Record When the the paperwork burden. As denial letters informal hearing. The firm uses the Department Gives Notice That a Denied are not standardized, they are not information in the final decision, in or Decertified Firm Appeals to the considered an information collection part, to decide whether it wishes to file Department and Maintaining a Copy of and the burden associated with writing an appeal with the Department. If the the Record them is not a paperwork burden. The firm files an appeal, the Department Under § 26.89(d), recipients must only paperwork burdens are for uses the information to determine comply with the Department’s request recipients to send electronic copies of whether substantial evidence supports to timely (within 20 days of the request) the letters to firms and to the the recipient’s decision to remove the provide a full administrative record Department, and maintain a copy of the firm’s certification eligibility. when the Department gives notice that letters. Given the relative simplicity of The total annual burden hours are a denied or decertified firm has filed an those tasks, it seems unlikely that they based on the average of three appeal with the Department. require 3,360 hours and $210,000. stakeholder responses ranging from 60– The total annual burden hours below Respondents: Recipients that perform 180 hours. The total annual cost is were calculated based on the average of DBE certification. based on one stakeholder response of three stakeholder responses ranging Number of Respondents: 132. $4,100. from 2–200 hours. The total annual cost Respondents: Unified Certification burden was calculated based on one Frequency: 2.5 each month. Programs. response from one stakeholder response Number of Responses: 3,960 per year. Number of Respondents: 38. of $7,600. Total Annual Burden: 3,360 hours Frequency: 53 each year. Respondents: Recipients that perform and $210,000. Number of Responses: 2,014. DBE certification that have denied or

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decertified firms that appeal to the Number of Responses: 264. Please submit separate comments for Department. Total Annual Burden: 90 hours and each specific information collection Number of Respondents: 50. $8,000. described in this document. You must Frequency: 3 times each year. Public Comments Invited: You are reference the information collection’s Number of Responses: 150. asked to comment on any aspect of this title, form or recordkeeping requirement Total Annual Burden: 12,600 hours information collection, including (a) number (if any), and OMB control and $7,600. whether the proposed collection of number in your comment. information is necessary for the 16. Providing a Copy of Application You may view copies of this Department’s performance; (b) the Materials to an Additional State in document, the relevant TTB forms, and accuracy of the estimated burden; (c) Which a Firm Certified in Another any comments received at https:// ways for the Department to enhance the State Applies to Another State for www.regulations.gov within Docket No. quality, utility and clarity of the Certification (Interstate Certification) TTB–2021–XXXX. TTB has posted a information collection; and (d) ways link to that docket on its website at Under § 26.85(c), when a firm that the burden could be minimized https://www.ttb.gov/rrd/information- currently certified in its home state without reducing the quality of the collection-notices. You also may obtain (state A) applies to another state (state collected information. The agency will paper copies of this document, the B) for DBE certification, state B is summarize and/or include your listed forms, and any comments permitted to require the firm to submit comments in the request for OMB’s received by contacting TTB’s Paperwork a complete copy of all the materials the clearance of this information collection. Reduction Act Officer at the addresses firm submitted to its home state/state A Authority: The Paperwork Reduction Act or telephone number shown below. for initial certification. State B reviews of 1995; 44 U.S.C. Chapter 35, as amended; FOR FURTHER INFORMATION CONTACT: the information to determine whether and 49 CFR 1:48. Michael Hoover, Regulations and there is ‘‘good cause’’ (a term Issued in Washington, DC, on June 9, 2021. Rulings Division, Alcohol and Tobacco specifically described in the interstate Tax and Trade Bureau, 1310 G Street certification rule) to believe that state Irene Marion, Director, Departmental Office of Civil Rights. NW, Box 12, Washington, DC 20005; A’s certification is erroneous or should 202–453–1039, ext. 135; or [FR Doc. 2021–12500 Filed 6–14–21; 8:45 am] not apply in its state. The interstate [email protected] (please certification rule describes the limited BILLING CODE 4910–9X–P do not submit comments to this email circumstances under which state B address). could validly make such a SUPPLEMENTARY INFORMATION: determination. DEPARTMENT OF THE TREASURY Respondents: DBE firms applying for Request for Comments interstate certification. Alcohol and Tobacco Tax and Trade Number of Respondents: 68. Bureau The Department of the Treasury and its Alcohol and Tobacco Tax and Trade Frequency: Once. [Docket No. TTB–2021–0003] Number of Responses: 68. Bureau (TTB), as part of their Total Annual Burden: 20 hours and Proposed Information Collections; continuing effort to reduce paperwork $2,000. Comment Request (No. 82) and respondent burden, invite the general public and other Federal 17. Writing and Submitting Narratives AGENCY: Alcohol and Tobacco Tax and agencies to comment on the proposed or of Social and Economic Disadvantage Trade Bureau (TTB); Treasury. continuing information collections When Applying for DBE Certification ACTION: Notice and request for described below, as required by the Based on an Individualized Showing of comments. Paperwork Reduction Act of 1995 (44 Disadvantage U.S.C. 3501 et seq.). The DBE program is intended to be as SUMMARY: As part of our continuing Comments submitted in response to inclusive as possible while remaining effort to reduce paperwork and this document will be included or narrowly tailored. Individuals who are respondent burden, and as required by summarized in our request for Office of not members of groups whose members the Paperwork Reduction Act of 1995, Management and Budget (OMB) are presumed socially and economically we invite comments on the proposed or approval of the relevant information disadvantaged may still qualify for DBE continuing information collections collection. All comments are part of the certification. Appendix E of the listed below in this notice. public record and subject to disclosure. regulation states that to demonstrate DATES: We must receive your written Please do not include any confidential their eligibility, these individuals must comments on or before August 16, 2021. or inappropriate material in your submit a narrative describing the ADDRESSES: You may send comments on comments. individual’s experiences of social the information collections described in We invite comments on: (a) Whether disadvantage and a separate narrative in this document using one of the two an information collection is necessary which the individual describes why the methods described below— for the proper performance of the individual is economically • Internet: To submit comments agency’s functions, including whether disadvantaged. This information electronically, use the comment form for the information has practical utility; (b) collection is critical for ensuring that this document posted on the the accuracy of the agency’s estimate of only eligible firms receive DBE ‘‘Regulations.gov’’ e-rulemaking website the information collection’s burden; (c) certification. at https://www.regulations.gov within ways to enhance the quality, utility, and Respondents: DBE certification Docket No. TTB–2021–0003. clarity of the information collected; (d) applicants whose owners are not • Mail: Send comments to the ways to minimize the information presumed socially and economically Paperwork Reduction Act Officer, collection’s burden on respondents, disadvantaged under the DBE Regulations and Rulings Division, including through the use of automated regulation. Alcohol and Tobacco Tax and Trade collection techniques or other forms of Number of Respondents: 264. Bureau, 1310 G Street NW, Box 12, information technology; and (e) Frequency: Once. Washington, DC 20005. estimates of capital or start-up costs and

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costs of operation, maintenance, and OMB Control No. 1513–0022 Current Actions: There are no purchase of services to provide the Title: Volatile Fruit-Flavor program changes associated with this requested information. Concentrate Manufacturers—Annual information collection, and TTB is An agency may not conduct or Report, and Usual and Customary submitting it for extension purposes sponsor, and a person is not required to Business Records (TTB REC 5520/1). only. As for adjustments, due to changes respond to, a collection of information TTB Form Number: TTB F 5520.2. in agency estimates, TTB is increasing unless the collection of information has TTB Recordkeeping Number: TTB F the number of annual respondents, a valid OMB control number. 5520/1. responses, and burden hours associated Abstract: Volatile fruit-flavor with this collection. Information Collections Open for concentrates contain alcohol when Type of Review: Extension of a Comment made from the mash or juice of a fruit currently approved collection. Currently, we are seeking comments by an evaporative process. Under the Affected Public: Businesses and other on the following forms, letterhead IRC at 26 U.S.C. 5511, alcohol excise for-profits. applications or notices, recordkeeping taxes and most other provisions of Estimated Annual Burden: requirements, questionnaires, or chapter 51 of the IRC do not apply to • Number of Respondents: 150. surveys: such concentrates if their manufacturers • Average Responses per Respondent: keep records and meet certain other 6. OMB Control No. 1513–0006 requirements prescribed by regulation. • Number of Responses: 900. Title: Volatile Fruit-Flavor Under that IRC authority, the TTB • Average Per-Response Burden: 2 Concentrate Plants—Applications and regulations in 27 CFR part 18 require hours. Related Records (TTB REC 5520/2). volatile fruit-flavor concentrate • Total Burden: 1,800 hours. TTB Form Number: TTB F 5520.3. manufacturers to submit an annual OMB Control No. 1513–0043 TTB Recordkeeping Number: TTB summary report, using form TTB F REC 5520/2. 5520.2, accounting for all such products Title: Application and Permit to Ship Abstract: Volatile fruit-flavor produced, removed, or made unfit for Puerto Rican Spirits to the United States concentrates contain alcohol when beverage use. Such manufacturers Without Payment of Tax. made from the mash or juice of a fruit compile this report from usual and TTB Form Number: TTB F 5110.31. by an evaporative process. Under the customary business, which, under the Abstract: The IRC at 26 U.S.C. 7652 Internal Revenue Code (IRC) at 26 regulations, respondents must retain for imposes on Puerto Rican distilled spirits U.S.C. 5511, alcohol excise taxes and 3 years. TTB uses the collected shipped to the United States for most other provisions of chapter 51 of information to ensure that the tax consumption or sale a tax equal to the the IRC do not apply to such provisions of the IRC are appropriately internal revenue tax (excise tax) concentrates if their manufacturers file applied. imposed in the United States on applications, keep records, and meet Current Actions: There are no distilled spirits of domestic certain other requirements prescribed by program changes or adjustments manufacture. However, the IRC at 26 regulation. Under that IRC authority, the associated with this information U.S.C. 5232 provides that a person may TTB regulations in 27 CFR part 18 collection, and TTB is submitting it for withdraw distilled spirits imported or require volatile fruit-flavor concentrate extension purposes only. brought into the United States in bulk manufacturers to register using form Type of Review: Extension of a containers from Customs custody and TTB F 5520.3, file amendments to their currently approved collection. transfer such spirits to the bonded Affected Public: Businesses or other registrations using that form or a premises of a domestic distilled spirits for-profits. plant without payment of the internal letterhead application (depending on Estimated Annual Burden: circumstances), and maintain a record • revenue tax imposed on such spirits, as Number of Respondents: 55. prescribed by regulation. The IRC at 26 file of all approved registrations and • Average Responses per Respondent: U.S.C. 5314 also states that persons may related supporting documents. TTB uses 1 (one). withdraw spirits from the bonded the collected information to identify • Number of Responses: 55. concentrate manufacturers and their • Average Per-Response Burden: 20 premises of a distilled spirits plant in operations to ensure that the tax minutes. Puerto Rico pursuant to an provisions of the IRC are appropriately • Total Burden: 18 hours. authorization issued under the laws of applied. Puerto Rico. Under those IRC OMB Control No. 1513–0042 Current Actions: There are no authorities, the TTB regulations in 27 program changes or adjustments Title: Drawback on Distilled Spirits CFR part 26 require respondents to use associated with this information Exported. form TTB F 5110.31 to apply for and collection, and TTB is submitting it for TTB Form Number: TTB F 5110.30. receive approval to ship Puerto Rican extension purposes only. Abstract: Under the IRC at 26 U.S.C. distilled spirits to the United States Type of Review: Extension of a 5062, persons who export tax-paid without payment of Federal excise tax. currently approved collection. distilled spirits may claim drawback of The form identifies the specific spirits the alcohol excise tax paid on those and amounts shipped and received, and Affected Public: Businesses or other spirits, as prescribed by regulation. The the shipment’s consignor in Puerto Rico for-profits. TTB regulations in 27 CFR part 28 and consignee in the United States. TTB Estimated Annual Burden: • require that claimants use TTB F uses the information collected to ensure Number of Respondents: 55. 5110.30 to make such drawback claims. appropriate application of the IRC tax • Average Responses Per Respondent: The form requests information regarding provisions 1 (one). the claimant, the tax-paid spirits Current Actions: There are no • Number of Responses: 55. exported, and the amount of tax to be program changes or adjustments • Average Per-Response Burden: 2 refunded. TTB uses the collected associated with this information hours. information to substantiate the claim for collection, and TTB is submitting it for • Total Burden: 110 hours. drawback. extension purposes only.

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Type of Review: Extension of a OMB Control No. 1513–0065 • Total Burden: The keeping of usual currently approved collection. Title: Wholesale Dealers Records of and customary business records Affected Public: Businesses or other Receipt of Alcohol Beverages, imposes no burden on respondents per for-profits. Disposition of Spirits, and Monthly the Office of Management and Budget Estimated Annual Burden: Summary Reports (TTB REC 5170/2). regulations at 5 CFR 1320.3(b)(2). For • Number of Respondents: 10. TTB Recordkeeping Number: TTB monthly summary reports, the estimated • Average Responses per Respondent: REC 5170/2. total burden is 1,200 hours. 50. Abstract: The IRC at 26 U.S.C. 5121 • Number of Responses: 500. OMB Control No. 1513–0088 requires wholesale alcohol beverage • Average Per-Response Burden: 0.75 Title: Alcohol, Tobacco, and Firearms dealers to keep daily records of all hour. Related Documents for Tax Returns and distilled spirits received and disposed • Total Burden: 375 hours. Claims (TTB REC 5000/24). of, as well as daily records of all wine TTB Recordkeeping Number: TTB OMB Control No. 1513–0047 and beer received. That section also REC 5000/24. Title: Distilled Spirits Production authorizes the Secretary of the Treasury Abstract: TTB is responsible for the Records (TTB REC 5110/01), and to require such dealers to submit collection of Federal excise taxes on Monthly Report of Production periodic summaries of their daily distilled spirits, wine, beer, tobacco Operations. records for distilled spirits received and products, cigarette papers and tubes, TTB Form Number: TTB F 5110.40. disposed of, and it authorizes the and firearms and ammunition, and the TTB Recordkeeping Number: TTB issuance of regulations regarding such collection of special occupational taxes REC 5110/01. records and reports. In addition, section related to tobacco products and cigarette Abstract: In general, the IRC at 26 5123 of the IRC prescribes retention and papers and tubes. The IRC (26 U.S.C.) U.S.C. 5001 prescribes the excise tax inspection requirements for the required requires that such taxes be collected on rates for distilled spirits produced in or records and reports. Under those IRC the basis of a return, and it requires imported into the United States, while authorities, the TTB regulations in 27 taxpayers to maintain records that 26 U.S.C. 5207 requires distilled spirit CFR part 31 require wholesale alcohol support the information in the return. plant (DSP) proprietors to maintain dealers to keep usual and customary The IRC also allows for the filing of records of production, storage, business records, such as consignment, claims for the abatement or refund of denaturation, and processing activities purchase, and sales invoices, to taxes under certain circumstances, and and to render reports covering those document their daily receipt and it requires claimants to maintain records operations, as prescribed by regulation. disposition of distilled spirits, as well as to support such claims. TTB uses the Under those IRC authorities, the TTB their daily receipt of wine and beer. The collected information to determine regulations in 27 CFR part 19 require regulations also provide that TTB, at its excise and special occupational tax DSP proprietors to keep records discretion, may require a particular liabilities, determine adequacy of bond regarding the production materials used dealer to submit monthly summary coverage, and substantiate claims and to produce spirits, the amount of spirits reports regarding all distilled spirits other adjustments to tax liabilities. produced, the amount withdrawn from received and disposed of on a daily Current Actions: There are no the production account, and the basis. The regulations require dealers to program changes associated with this production of spirits byproducts, which keep the required records and copies of information collection, and TTB is proprietors must maintain for at least 3 any required monthly summary reports submitting it for extension purposes years. Based on those records, the part at their place of business, available for only. As for adjustments, due to changes 19 regulations also require DSP TTB inspection, for at least 3 years. in agency estimates, TTB is increasing proprietors to submit monthly reports of Current Actions: There are no the number of annual respondents, production operations using TTB F program changes associated with this responses, and burden hours associated 5110.40. TTB uses the collected information collection, and TTB is with this collection. information to substantiate the submitting it for extension purposes Type of Review: Extension of a proprietor’s excise tax liability and bond only. As for adjustments, due to changes currently approved collection. coverage, if applicable. in agency estimates, TTB is increasing Affected Public: Businesses or other Current Actions: There are no the number of annual respondents, for-profits; Not-for-profit institutions; program changes associated with this responses, and burden hours associated and Individuals or households. information collection, and TTB is with this collection. Estimated Annual Burden: submitting it for extension purposes Type of Review: Extension of a • Number of Respondents: 67,000. only. As for adjustments, due to changes currently approved collection. • Average Responses per Respondent: in agency estimates, TTB is increasing Affected Public: Businesses or other 8. the number of annual respondents, for-profits. • Number of Responses: 536,000. responses, and burden hours associated Estimated Annual Burden: • Average Per-Response Burden: 1 with this collection. • Number of Respondents: 30,400 for hour. Type of Review: Extension of a recordkeeping; 50 for monthly summary • Total Burden: 536,000 hours. currently approved collection. reports. OMB Control No. 1513–0094 Affected Public: Businesses or other • Average Responses per Respondent: for-profits. 1 for recordkeeping; 12 for monthly Title: Federal Firearms and Estimated Annual Burden: summary reports. Ammunition Quarterly Excise Tax • Number of Respondents: 2,500. • Number of Responses: 30,400 for Return. • Average Responses per Respondent: recordkeeping; 600 for monthly TTB Form Number: TTB F 5300.26. 12. summary reports. Abstract: The IRC at 26 U.S.C. 4181 • Number of Responses: 30,000. • Average Per-Response Burden: imposes a Federal excise tax on the sale • Average Per-Response Burden: 2 None for usual and customary of pistols, revolvers, other firearms, and hours. recordkeeping; 2 hours for monthly shells and cartridges (ammunition) sold • Total Burden: 60,000 hours. summary reports. by manufacturers, producers, and

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importers of such articles. The IRC, at TTB F 5250.2 and the monthly summary • Total Burden: 25,000. 26 U.S.C. 6001, 6011, and 6302, also report require information identifying OMB Control No. 1513–0135 authorizes the issuance of regulations the TTB permit holder making the regarding IRC-based taxes, returns, and processed tobacco shipment, the type Title: Specific and Continuing Export records, including the mode and time and quantity of processed tobacco Bonds for Distilled Spirits or Wine. for collecting taxes due. Under those shipped, the person(s) purchasing (or TTB Form Numbers: TTB F 5100.25 IRC authorities, the TTB regulations in receiving) and delivering the processed and TTB F 5100.30. 27 CFR part 53 require respondents who tobacco, and the destination address of Abstract: The IRC at 26 U.S.C. 5175, have firearms and/or ammunition excise the shipment. 5214, and 5362 authorizes exporters tax liabilities to submit a quarterly tax Current Actions: There are no (other than proprietors of distilled return using form TTB F 5300.26. TTB program changes associated with this spirits plants or bonded wine premises) uses the information collected on this information collection, and TTB is to withdraw distilled spirits and wine, return to identify the taxpayer, the submitting it for extension purposes without payment of tax, for export if the amount and type of taxes due, and the only. As for adjustments, due to changes exporter provides a bond, as prescribed by regulation. To provide exporters with amount of payments made, and, as in agency estimates, TTB is increasing a degree of flexibility based on necessary, to support any tax the number of annual responses and individual need, the TTB regulations in determination or related additional burden hours associated with this 27 CFR part 28 allow exporters to file actions, such as tax assessment or collection. either a specific bond using TTB F refund. There are no program changes or Current Actions: There are no adjustments associated with this 5100.25 to cover a single shipment or a program changes associated with this information collection, and TTB is continuing bond using TTB F 5100.30 to information collection, and TTB is submitting it for extension purposes cover export shipments made from time submitting it for extension purposes only. to time. Current Actions: There are no only. As for adjustments, due to changes Type of Review: Extension of a program changes or adjustments in agency estimates, TTB is increasing currently approved collection. associated with this information the number of annual respondents, Affected Public: Businesses or other collection, and TTB is submitting it for responses, and burden hours associated for-profits. Estimated Annual Burden: extension purposes only. with this collection. Type of Review: Extension of a Type of Review: Extension of a • Number of Respondents: 20. • Average Responses per Respondent: currently approved collection. currently approved collection. Affected Public: Businesses or other Affected Public: Businesses or other 150. for-profits. for-profits, and individuals. • Number of Responses: 3,000. • Estimated Annual Burden: Estimated Annual Burden: Average Per-Response Burden: 0.54 • • Number of Respondents: 20. Number of Respondents: 715. hours. • Average Responses per Respondent: • • Total Burden: 1,620. Average Responses per Respondent: 1 (one). 4. OMB Control No. 1513–0132 • Number of Responses: 20. • Number of Responses: 2,860. • • Average Per-Response Burden: 1 Average Per-Response Burden: 7 Title: Generic Clearance for the hour. hours. Collection of Qualitative Feedback on • Total Burden: 20 hours. • Total Burden: 20,020 hours. Agency Service Delivery. Abstract: TTB uses the surveys, focus Dated: June 7, 2021. OMB Control No. 1513–0130 groups, usability tests, and other Amy R. Greenberg, Title: Reports of Removal, Transfer, or information collections approved under Director, Regulations and Rulings Division. Sale of Processed Tobacco. this generic clearance to gather timely [FR Doc. 2021–12462 Filed 6–14–21; 8:45 am] TTB Form Number: TTB F 5300.26. feedback from its customers and BILLING CODE 4810–31–P Abstract: The IRC at 26 U.S.C. 5722 stakeholders regarding its programs and requires importers and manufacturers of services. TTB analyzes the collected tobacco products, processed tobacco, or information to help improve its DEPARTMENT OF THE TREASURY cigarette papers and tubes to make programs and service delivery to ensure reports as required by regulation. While that regulated persons and others have Office of Foreign Assets Control processed tobacco is not subject to effective, efficient, and satisfactory Notice of OFAC Sanctions Actions excise tax under the IRC, it may be experiences when interacting with the illegally diverted to taxable use or agency. AGENCY: Office of Foreign Assets supplied to others who illegally produce Current Actions: There are no Control, Treasury. tobacco products. To detect diversion of program changes or adjustments ACTION: Notice. processed tobacco, TTB has issued associated with this information regulations in 27 CFR parts 40 and 41 collection, and TTB is submitting it for SUMMARY: The U.S. Department of the requiring persons holding certain TTB- extension purposes only. Treasury’s Office of Foreign Assets issued tobacco-related permits to report Type of Review: Revision of a Control (OFAC) is publishing the names certain removals, transfers, or sales of currently approved collection. of one or more persons that have been processed tobacco. In general, Affected Public: Businesses or other removed from OFAC’s Specially respondents must report shipments for for-profits; Individuals. Designated Nationals and Blocked export or to domestic entities not Estimated Annual Burden: Persons List (SDN List). Their property holding such TTB-issued permits by the • Number of Respondents: 25,000. and interests in property are no longer close of the next business day using • Average Responses per Respondent: blocked, and U.S. persons are no longer form TTB F 5250.2. However, 1 (one). generally prohibited from engaging in respondents may apply to TTB for • Number of Responses: 25,000. transactions with them. approval to report removals made for • Average Per-Response Burden: 1 DATES: See SUPPLEMENTARY INFORMATION export using a monthly summary report. hour. section for applicable date(s).

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FOR FURTHER INFORMATION CONTACT: 2. GHALEBANI, Ahmad (a.k.a. OFAC’s determination that one or more OFAC: Andrea Gacki, Director, tel.: GHALEHBANI, Ahmad; a.k.a. QALEHBANI, applicable legal criteria were satisfied. 202–622–2480; Associate Director for Ahmad); DOB 01 Jan 1953 to 31 Dec 1954; All property and interests in property Global Targeting, tel: 202–622–2420; Additional Sanctions Information—Subject subject to U.S. jurisdiction of these to Secondary Sanctions; Passport H20676140 Assistant Director for Licensing, tel.: (Iran); Managing Director, National Iranian persons are blocked, and U.S. persons 202–622–2480; Assistant Director for Oil Company; Director, Hong Kong Intertrade are generally prohibited from engaging Regulatory Affairs, tel.: 202–622–4855; Company; Director, Petro Suisse Intertrade in transactions with them. The vessel or the Assistant Director for Sanctions Company (individual) [IRAN]. placed on the SDN List has been Compliance & Evaluation, tel.: 202–622– 3. MOINIE, Mohammad; DOB 04 Jan 1956; identified as property in which a 2490. POB Brojerd, Iran; citizen United Kingdom; blocked person has an interest. Additional Sanctions Information—Subject SUPPLEMENTARY INFORMATION: DATES: See SUPPLEMENTARY INFORMATION to Secondary Sanctions; Passport 301762718 section for effective date(s). Electronic Availability (United Kingdom); Commercial Director, Naftiran Intertrade Company Sarl FOR FURTHER INFORMATION CONTACT: The SDN List and additional (individual) [IRAN]. OFAC: Andrea M. Gacki, Director, tel.: information concerning OFAC sanctions Dated: June 10, 2021. 202–622–2480; Associate Director for programs are available on OFAC’s Bradley T. Smith, Global Targeting, tel.: 202–622–2420; website (www.treasury.gov/ofac). Acting Director, Office of Foreign Assets Assistant Director for Licensing, tel.: Notice of OFAC Actions Control, U.S. Department of the Treasury. 202–622–2480; Assistant Director for [FR Doc. 2021–12566 Filed 6–14–21; 8:45 am] Regulatory Affairs, tel.: 202–622–4855; On June 10, 2021, OFAC determined or the Assistant Director for Sanctions BILLING CODE 4810–AL–P that the following individuals, who had Compliance & Evaluation, tel.: 202–622– been identified as persons whose 2490. property and interests in property were DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: blocked pursuant to Executive Order 13599 of February 5, 2012, ‘‘Blocking Office of Foreign Assets Control Electronic Availability Property of the Government of Iran and The Specially Designated Nationals Iranian Financial Institutions,’’ should Notice of OFAC Sanctions Actions and Blocked Persons List and additional be removed from the SDN List and that information concerning OFAC sanctions the property and interests in property AGENCY: Office of Foreign Assets programs are available on OFAC’s subject to U.S. jurisdiction of the Control, Treasury. website (www.treasury.gov/ofac). following person are unblocked. ACTION: Notice. Notice of OFAC Actions Individuals SUMMARY: The U.S. Department of the 1. BAZARGAN, Farzad; DOB 03 Jun 1956; Treasury’s Office of Foreign Assets On June 10, 2021, OFAC determined Additional Sanctions Information—Subject Control (OFAC) is publishing the names that the property and interests in to Secondary Sanctions; Passport D14855558 of one or more persons and vessel that property subject to U.S. jurisdiction of (Iran); alt. Passport Y21130717 (Iran); have been placed on OFAC’s Specially the following persons and property are Managing Director, Hong Kong Intertrade Designated Nationals and Blocked blocked under the relevant sanctions Company (individual) [IRAN]. Persons List (SDN List) based on authorities listed below.

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Individuals:

1. AL-JAMAL, Sa'id Ahmad Muhammad (a.k.a. AL GAMAL, Saeed Ahmed Mohammed; a.k.a. RAMI, Abu-Ahmad; a.k.a. "ABU-'ALI"; a.k.a. "AHMAD, Abu"; a.k.a. "HISHAM"), Iran; DOB 01 Jan 1979; nationality Yemen; Additional Sanctions Information - Subject to Secondary Sanctions; Gender Male; Passport 04716186 (Yemen) (individual) [SDGT] [IFSR] (Linked To: ISLAMIC REVOLUTIONARY GUARD CORPS (IRGC)-QODS FORCE).

Designated pursuant to section l(a)(iii)(C) of Executive Order 13224 of September 23, 2001, "Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism" (E.O. 13224), 3 CFR, 2001 Comp., p. 786, as amended by Executive Order 13886 of September 9, 2019, "Modernizing Sanctions To Combat Terrorism," 84 FR 48041 (E.O. 13224, as amended) for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the ISLAMIC REVOLUTIONARY GUARD CORPS (IRGC)-QODS FORCE, a person whose property and interests in property are blocked pursuant to E.O. 13224.

2. AS' AD, Rani 'Abd-al-Majid Muhammad (Arabic: ~1 ~ ~I-¥- ~lA) (a.k.a. AL-'ABSI, Rani; a.k.a. ASAD, Rani Abdulmajeed Mohammed), Turkey; DOB 16 Apr 1977; POB Yemen; nationality Yemen; Additional Sanctions Information - Subject to Secondary Sanctions; Gender Male (individual) [SDGT] (Linked To: AL-JAMAL, Sa'id Ahmad Muhammad).

Designated pursuant to section l(a)(iii)(C) ofE.O. 13224, as amended, for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, SA'ID AHMAD MUHAMMAD AL-JAMAL, a person whose property and interests in property are blocked pursuant to E.O. 13224, as amended.

3. MUHAMMAD, Jami' 'Ali (a.k.a. MOHAMMED, Jama Ali), Oman; DOB 01 Jan 1980; nationality Somalia; Additional Sanctions Information - Subject to Secondary Sanctions; Gender Male; Passport 60358533 (Oman) (individual) [SDGT] (Linked To: AL-JAMAL, Sa'id Ahmad Muhammad).

Designated pursuant to section l(a)(iii)(C) ofE.O. 13224, as amended, for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, SA'ID AHMAD MUHAMMAD AL-JAMAL a person whose property and interests in property are blocked pursuant to E.O. 13224, as amended.

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4. SABHARWAL, Manoj, Dubai, United Arab Emirates; DOB O1 Dec 1960; POB Durg, India; nationality India; Additional Sanctions Information - Subject to Secondary Sanctions; Gender Male; Passport 23795762 (India) (individual) [SDGT] (Linked To: AL-JAMAL, Sa'id Ahmad Muhammad).

Designated pursuant to section l(a)(iii)(C) ofE.O. 13224, as amended, for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, SA'ID AHMAD MUHAMMAD AL-JAMAL, a person whose property and interests in property are blocked pursuant to E.O. 13224, as amended.

5. AL-RAWI, Talib 'Ali Husayn Al-Ahmad (a.k.a. AL-AHMAD, Talib (Arabic: ..i....:..'il ..,..11....l..)), Istanbul, Turkey; DOB 23 Dec 1973; POB Al Bukamal, Syria; nationality Syria; Additional Sanctions Information - Subject to Secondary Sanctions; Gender Male (individual) [SDGT] (Linked To: AL-JAMAL, Sa'id Ahmad Muhammad).

Designated pursuant to section l(a)(iii)(C) ofE.O. 13224, as amended, for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, SA'ID AHMAD MUHAMMAD AL-JAMAL, a person whose property and interests in property are blocked pursuant to E.O. 13224, as amended.

6. MAHAMUD, Abdi Nasir Ali (Arabic: ..:i_,,...... Jc, ..>'-""u c..j¥-) (a.k.a. MAHMOUD, Abdi Naser; a.k.a. MAHMUD, Abdi Nasir Ali; a.k.a. MUHAMMAD, 'Abd-al-Nasir 'Ali), United Arab Emirates; Istanbul, Turkey; DOB 01 May 1977; nationality United Kingdom; Additional Sanctions Information - Subject to Secondary Sanctions; Gender Male; Passport 548347810 (United Kingdom) expires 20 Jan 2029 (individual) [SDGT] (Linked To: AL-JAMAL, Sa'id Ahmad Muhammad).

Designated pursuant to section l(a)(iii)(C) ofE.O. 13224, as amended, for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, SA'ID AHMAD MUHAMMAD AL-JAMAL, a person whose property and interests in property are blocked pursuant to E.O. 13224, as amended.

7. MALLAH, Abdul Jalil (a.k.a. AL-MALAHI, 'Abd-al-Jalil; a.k.a. AL-MALLAH, 'Abd-al­ Jalil), Greece; Malmo, Sweden; DOB 05 Jan 1975; nationality Syria; Additional Sanctions Information - Subject to Secondary Sanctions; Gender Male; Identification Number 750105- 3735 (Sweden) (individual) [SDGT] (Linked To: AL-JAMAL, Sa'id Ahmad Muhammad).

Designated pursuant to section l(a)(iii)(C) ofE.O. 13224, as amended, for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, SA'ID AHMAD MUHAMMAD AL-JAMAL, a person whose property and interests in property are blocked pursuant to E.O. 13224, as amended.

Entities 1. ADOON GENERAL TRADING FZE (Arabic: C-1'"·1'" ~-i~ji Jlfa. u_,..:il), Centurion Star Tower, B-Block, Office 506, Port Saeed, Dubai, United Arab Emirates; Office No. 506, B Floor, Centurion Star Tower, Deira, Dubai, United Arab Emirates; B 1 Block, Flat 623, PO Box 21158, Ajman, United Arab Emirates; Additional Sanctions Information - Subject to Secondary Sanctions [SDGT] (Linked To: MAHAMUD, Abdi Nasir Ali).

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Designated pursuant to section l(a)(iii)(A) ofE.O. 13224, as amended, for being owned, controlled, or directed by, directly or indirectly, ABDI NASIR ALI MAHAMUD, a person whose property and interests in property are blocked pursuant to E.O. 13224, as amended.

2. ADOON GENERAL TRADING GIDA SANAYI VE TICARET ANONIM SIRKETI, EGS Bloklari, No: 12-340 Yesilkoy Mahallesi, Ataturk Caddesi, Bakirkoy, Istanbul 34149, Turkey; Additional Sanctions Information - Subject to Secondary Sanctions; Chamber of Commerce Number 1154982 (Turkey); Registration Number 165136-5 (Turkey); Central Registration System Number 8143922500001 (Turkey) [SDGT] (Linked To: MAHAMUD, Abdi Nasir Ali).

Designated pursuant to section l(a)(iii)(A) ofE.O. 13224, as amended, for being owned, controlled, or directed by, directly or indirectly, ABDI NASIR ALI MAHAMUD, a person whose property and interests in property are blocked pursuant to E.O. 13224, as amended.

3. ADOON GENERAL TRADING L.L.C. (Arabic: N•.:.i.J;, 4-AWI 0,.;l,,.:ill 0...7.)I), Office Number 506, B Block, Centurion Star Tower, Opp. Deira City Center, Port Saeed, P.O. Box 64827, Deira, Dubai, United Arab Emirates; Al Ras Area, Dubai, United Arab Emirates; Website www.adoongroup.com; Additional Sanctions Information - Subject to Secondary Sanctions; Business Registration Number 682443 (United Arab Emirates); alt. Business Registration Number 10889604 (United Arab Emirates) [SDGT] (Linked To: MAHAMUD, Abdi Nasir Ali).

Designated pursuant to section l(a)(iii)(A) ofE.O. 13224, as amended, for being owned, controlled, or directed by, directly or indirectly, ABDI NASIR ALI MAHAMUD, a person whose property and interests in property are blocked pursuant to E.O. 13224, as amended.

4. SWAID AND SONS FOR EXCHANGE CO. (Arabic: 4.!ly.all o.)Y_.71 J ~_,..., 4S ~) (a.k.a. SUWA YD AND SONS MONEY EXCHANGE), Al-Zubairi Street, Swaid's Building, Sanaa, Sana'a City, Yemen; Swaid Building, Al Zubeiry Street, in front ofIBY, Sanaa 8000600, Yemen; Website https://swaidexchange.com; Additional Sanctions Information - Subject to Secondary Sanctions; Organization Type: Other monetary intermediation [SDGT] (Linked To: AL-JAMAL, Sa'id Ahmad Muhammad).

Designated pursuant to section l(a)(iii)(C) ofE.O. 13224, as amended, for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, SA'ID AHMAD MUHAMMAD AL­ JAMAL, a person whose property and interests in property are blocked pursuant to E.O. 13224, as amended.

On June 10, 2021, OFAC also Information—Subject to Secondary blocked pursuant to E.O. 13224, as amended, identified the following vessel as Sanctions; Vessel Registration Identification has an interest. property in which a blocked person has IMO 9167148 (vessel) [SDGT] (Linked To: Dated: June 10, 2021. AL-JAMAL, Sa’id Ahmad Muhammad). an interest under the relevant sanctions Bradley T. Smith, authority listed below: Identified pursuant to E.O. 13224, as amended, as property in which SA’ID Acting Director, Office of Foreign Assets Vessel AHMAD MUHAMMAD AL-JAMAL, a person Control, U.S. Department of the Treasury. 1. TRIPLE SUCCESS (TRA025) Products whose property and interests in property are [FR Doc. 2021–12567 Filed 6–14–21; 8:45 am] Tanker Gabon flag; Additional Sanctions BILLING CODE 4810–AL–P

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DEPARTMENT OF VETERANS respond to a collection of information Analytics (008), 1717 H Street NW, AFFAIRS unless it displays a currently valid OMB Washington, DC 20006, (202) 266–4688 control number. The Federal Register or email [email protected]. Please [OMB Control No. 2900–0092] Notice with a 60-day comment period refer to ‘‘OMB Control No. 2900–0005’’ Agency Information Collection Activity soliciting comments on this collection in any correspondence. Under OMB Review: Veteran of information was published at insert SUPPLEMENTARY INFORMATION: Readiness and Employment (VR&E) citation date: 86, FR 66, on April 8, Authority: 38 U.S.C. 1121, 1310, 5121. Questionnaire 2021, page 18375. Title: Application for DIC by Parent(s) Affected Public: Individuals or (Including Accrued Benefits and Death AGENCY: Veterans Benefits Households. Compensation) (VA Form 21P–535). Administration, Department of Veterans Estimated Annual Burden: 94,500 OMB Control Number: 2900–0005. Affairs. hours. Type of Review: Reinstatement with ACTION: Notice. Estimated Average Burden per change of a previously approved Respondent: 45 minutes. collection. SUMMARY: In compliance with the Frequency of Response: On occasion. Paperwork Reduction Act (PRA) of Abstract: 38 U.S.C. 1121 and 1310 Estimated Number of Respondents: provide for payment of Dependency and 1995, this notice announces that the 126,000. Veterans Benefits Administration, Indemnity Compensation (DIC) or Death Department of Veterans Affairs, will By direction of the Secretary. compensation to parents of a Veteran submit the collection of information Dorothy Glasgow, whose death is service-connected. abstracted below to the Office of VA PRA Clearance Officer (Alternate), Office Parents must also meet income Management and Budget (OMB) for of Enterprise and Integration, Data limitation to be eligible for benefits. 38 review and comment. The PRA Governance Analytics, Department of U.S.C. 5121 provides for payment of submission describes the nature of the Veterans Affairs. accrued benefits. VBA uses 21P–535 to information collection and its expected [FR Doc. 2021–12541 Filed 6–14–21; 8:45 am] collect the information necessary to cost and burden and it includes the BILLING CODE 8320–01–P determine a surviving parent’s actual data collection instrument. eligibility to Parents’ DIC benefits. DATES: Written comments and An agency may not conduct or recommendations for the proposed DEPARTMENT OF VETERANS sponsor, and a person is not required to information collection should be sent AFFAIRS respond to a collection of information within 30 days of publication of this [OMB Control No. 2900–0005] unless it displays a currently valid OMB notice to www.reginfo.gov/public/do/ control number. The Federal Register PRAMain. Find this particular Agency Information Collection Activity Notice with a 60-day comment period information collection by selecting Under OMB Review: Application for soliciting comments on this collection ‘‘Currently under 30-day Review—Open DIC by Parent(s) Including Accrued of information was published at 86 FR for Public Comments’’ or by using the Benefits and Death Compensation 62 on April 2, 2021, page 17456. search function. Refer to ‘‘OMB Control Affected Public: Individuals or AGENCY: Veterans Benefits No. 2900–0092. Households. Administration, Department of Veterans Estimated Annual Burden: 4,320 FOR FURTHER INFORMATION CONTACT: Affairs. hours. Maribel Aponte, Office of Enterprise ACTION: Estimated Average Burden per and Integration, Data Governance Notice. Respondent: 72 minutes. Analytics (008), 1717 H Street NW, SUMMARY: In compliance with the Frequency of Response: One time. Washington, DC 20006, (202) 266–4688 Paperwork Reduction Act (PRA) of Estimated Number of Respondents: or email [email protected]. Please 1995, this notice announces that the 3,600. refer to ‘‘OMB Control No. 2900–0092’’ Veterans Benefits Administration, in any correspondence. Department of Veterans Affairs, will By direction of the Secretary. SUPPLEMENTARY INFORMATION: submit the collection of information Maribel Aponte, Authority: 38 U.S.C. 501(a), 38 U.S.C. abstracted below to the Office of VA PRA Clearance Officer, Office of 3102 and 38 U.S.C. 3106. Management and Budget (OMB) for Enterprise and Integration, Data Governance Title: Veteran Readiness and review and comment. The PRA Analytics, Department of Veterans Affairs. Employment (VR&E) Questionnaire, VA submission describes the nature of the [FR Doc. 2021–12465 Filed 6–14–21; 8:45 am] Form 28–1902w. information collection and its expected BILLING CODE 8320–01–P OMB Control Number: 2900–0092. cost and burden and it includes the Type of Review: Reinstatement of a actual data collection instrument. previously approved collection. DEPARTMENT OF VETERANS Abstract: VA Form 28–1902w is used DATES: Written comments and AFFAIRS by VA Vocational Rehabilitation recommendations for the proposed Counselors (VRC) to gather the information collection should be sent [OMB Control No. 2900–0101] within 30 days of publication of this necessary information to determine Agency Information Collection Activity entitlement during the initial evaluation notice to www.reginfo.gov/public/do/ PRAMain. Find this particular Under OMB Review: Eligibility process. Without this information, Verification Reports (EVRs) determination of entitlement to the information collection by selecting maximum benefit to include counseling, ‘‘Currently under 30-day Review—Open AGENCY: Veterans Benefits education, and/or rehabilitation for Public Comments’’ or by using the Administration, Department of Veterans program may not be granted under 38 search function. Refer to ‘‘OMB Control Affairs. No. 2900–0005’’. U.S.C. 3102, 38 U.S.C. 3106 and 38 ACTION: Notice. U.S.C. 501(a). FOR FURTHER INFORMATION CONTACT: An agency may not conduct or Maribel Aponte, Office of Enterprise SUMMARY: In compliance with the sponsor, and a person is not required to and Integration, Data Governance Paperwork Reduction Act (PRA) of

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1995, this notice announces that the (Spanish), 21P–0512S–1, 21P–0512S–1 financial exploitation, the instructions Veterans Benefits Administration, (Spanish), 21P–0513–1, 21P–0513–1 on forms within this collection were Department of Veterans Affairs, will (Spanish), 21P–0514–1, 21P–0514– amended to include information submit the collection of information 1(Spanish), 21P–0516–1, 21P–0516–1 regarding VA-accredited attorneys or abstracted below to the Office of (Spanish), 21P–0517–1, 21P–0517 agents charging fees in connection with Management and Budget (OMB) for (Spanish), 21P–0518–1, 21P–0518–1 a proceeding before the Department of review and comment. The PRA (Spanish), 21P–0519C–1, 21P–0519C–1 Veterans Affairs with respect to a claim. submission describes the nature of the (Spanish), 21P–0519S–1, 21P–0519S–1 An agency may not conduct or sponsor, information collection and its expected (Spanish). and a person is not required to respond cost and burden and it includes the OMB Control Number: 2900–0101. to a collection of information unless it actual data collection instrument. Type of Review: Extension of a displays a currently valid OMB control DATES: Written comments and currently approved collection. number. The Federal Register Notice recommendations for the proposed Abstract: A Claimant’s eligibility for with a 60-day comment period soliciting information collection should be sent Pension is determined, in part, by comments on this collection of within 30 days of publication of this countable family income and net worth. information was published at 86 FR 67 notice to www.reginfo.gov/public/do/ Any individual who has applied for, or on April 9, 2021, page 18588. PRAMain. Find this particular receives, VA Pension or Parents’ Affected Public: Individuals or information collection by selecting Dependency and Indemnity Households. ‘‘Currently under 30-day Review—Open Compensation (DIC) must promptly for Public Comments’’ or by using the notify the VA in writing of any change Estimated Annual Burden: 34,500 search function. Refer to ‘‘OMB Control in entitlement factors. VBA uses hours. No. 2900–0101’’. Eligibility Verification Reports (EVRs) to Estimated Average Burden per FOR FURTHER INFORMATION CONTACT: receive income and net worth Respondent: 30 minutes Maribel Aponte, Office of Enterprise information from Pension and Parents Frequency of Response: One time. and Integration, Data Governance DIC claimants and beneficiaries to Analytics (008), 1717 H Street NW, evaluate eligibility for benefits. The Estimated Number of Respondents: Washington, DC 20006, (202) 266–4688 reported information can result in 69,000. or email [email protected]. Please increased or decreased benefits. By direction of the Secretary. refer to ‘‘OMB Control No. 2900–0101’’ Typically, the claimants and Dorothy Glasgow, in any correspondence. beneficiaries utilize the form to notify VA PRA Clearance Officer (Alternate), Office SUPPLEMENTARY INFORMATION: the VA of changes in the income and net of Enterprise and Integration, Data Authority: 38 U.S.C. 1506; 38 CFR worth, though the forms could be used Governance Analytics, Department of 3.277. to reopen a claim for benefits in limited Veterans Affairs. Title: Eligibility Verification Reports circumstances. In an effort to safeguard [FR Doc. 2021–12539 Filed 6–14–21; 8:45 am] (EVRs) VA Forms: 21P–0510, 21P–0510 Veterans and their beneficiaries from BILLING CODE 8320–01–P

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Vol. 86 Tuesday, No. 113 June 15, 2021

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Endangered Status for the Beardless Chinchweed and Designation of Critical Habitat; Final Rule

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DEPARTMENT OF THE INTERIOR Executive Summary considerations or protections; and (ii) Why we need to publish a rule. Under specific areas outside the geographical Fish and Wildlife Service the Act, a species may be listed as area occupied by the species at the time endangered or threatened throughout all it is listed, upon a determination by the 50 CFR Part 17 or a significant portion of its range. Secretary that such areas are essential [Docket No. FWS–R2–ES–2018–0104; Listing a species as an endangered or for the conservation of the species. FF09E21000 FXES11110900000 212] threatened species can only be Section 4(b)(2) of the Act states that the Secretary shall designate and make RIN 1018–BD35 completed by issuing a rule. Further, under the Act, any species that is revisions to critical habitat on the basis Endangered and Threatened Wildlife determined to be an endangered or of the best available scientific data after and Plants; Endangered Status for the threatened species requires critical taking into consideration the economic Beardless Chinchweed and habitat to be designated, to the impact, the impact on national security, Designation of Critical Habitat maximum extent prudent and and any other relevant impacts of determinable. Designations and specifying any particular area as critical AGENCY: Fish and Wildlife Service, revisions of critical habitat can only be habitat. The Secretary may exclude an Interior. completed by issuing a rule. area from critical habitat if he ACTION: Final rule. What this document does. This rule determines that the benefits of such exclusion outweigh the benefits of SUMMARY: We, the U.S. Fish and lists the beardless chinchweed (Pectis imberbis) as an endangered species and specifying such area as part of the Wildlife Service (Service), determine critical habitat, unless he determines, that the beardless chinchweed (Pectis designates critical habitat for this species under the Act. based on the best scientific data imberbis) is an endangered species available, that the failure to designate under the Endangered Species Act of The basis for our action. Under the Act, we may determine that a species is such area as critical habitat will result 1973 (Act), as amended, and designate in the extinction of the species. critical habitat. In total, approximately an endangered or threatened species based on any of five factors: (A) The The critical habitat we are designating 10,604 acres (4,291 hectares) in Pima, in this rule, in eight units comprising Cochise, and Santa Cruz Counties, present or threatened destruction, modification, or curtailment of its 10,604 acres (4,291 hectares), Arizona, fall within the boundaries of constitutes our current best assessment the critical habitat designation. habitat or range; (B) overutilization for commercial, recreational, scientific, or of the areas that meet the definition of DATES: This rule is effective July 15, educational purposes; (C) disease or critical habitat for the beardless 2021. predation; (D) the inadequacy of chinchweed. ADDRESSES: This final rule is available existing regulatory mechanisms; or (E) Economic analysis. In accordance on the internet at http:// other natural or manmade factors with section 4(b)(2) of the Act, we www.regulations.gov under Docket No. affecting its continued existence. We prepared an economic analysis of the FWS–R2–ES–2018–0104 and at https:// have determined that the beardless impacts of designating critical habitat. www.fws.gov/southwest/. Comments chinchweed faces the following threats: We made the draft economic analysis and materials we received, as well as Competition from a nonnative grass available for public comments on supporting documentation we used in species (Factors A and E); altered fire December 6, 2019 (84 FR 67060). preparing this rule, are available for regime exacerbated by nonnative grass Peer review and public comment. We public inspection at http:// invasion (Factors A and E); altered sought the expert opinions of four www.regulations.gov under Docket No. precipitation, drought, and temperature independent and knowledgeable FWS–R2–ES–2018–0104. (Factors A and E); erosion, specialists regarding the species status The coordinates or plot points or both sedimentation and burial from road and assessment (SSA) report and received from which the maps are generated are trail maintenance, mining, livestock responses from two reviewers. These included in the administrative record trampling and soil disturbance, and peer reviewers generally concurred with for this critical habitat designation and post-wildfire runoff (Factors A and E); our methods and conclusions, and are available at http:// summer and fall grazing from wildlife provided additional information, www.regulations.gov under Docket No. and livestock (Factor C); and small clarifications, and suggestions to FWS–R2–ES–2018–0104, at https:// population size exacerbating all other improve the SSA. We also considered www.fws.gov/southwest/, and at the stressors (Factor E). The existing all comments and information we Arizona Ecological Services Field Office regulatory mechanisms are not adequate received from the public during the (see FOR FURTHER INFORMATION CONTACT). to address these threats such that the comment period for the proposed listing Any additional tools or supporting species does not meet the Act’s of, and the proposed designation of information that we developed for this definition of an endangered or a critical habitat for, the beardless critical habitat designation will also be threatened species (Factor D). chinchweed. available at the Service website and Section 4(a)(3) of the Act requires the Previous Federal Actions Field Office set out above, and may also Secretary of the Interior (Secretary) to be included in the preamble and/or at designate critical habitat concurrent Supporting Documents http://www.regulations.gov. with listing to the maximum extent A species status assessment (SSA) FOR FURTHER INFORMATION CONTACT: Jeff prudent and determinable. Section team prepared an SSA report for the Humphrey, U.S. Fish and Wildlife 3(5)(A) of the Act defines critical habitat beardless chinchweed. The SSA team Service, Arizona Ecological Services as (i) the specific areas within the was composed of Service biologists, in Field Office, 9828 North 31st Avenue, geographical area occupied by the consultation with other species experts. #C3, Phoenix, AZ 85051–2517. Persons species, at the time it is listed, on which The SSA report represents a who use a telecommunications device are found those physical or biological compilation of the best scientific and for the deaf (TDD) may call the Federal features (I) essential to the conservation commercial data available concerning Relay Service at 800–877–8339. of the species and (II) which may the status of the species, including the SUPPLEMENTARY INFORMATION: require special management impacts of past, present, and future

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factors (both negative and beneficial) Summary of Comments and provide a summary of public comments affecting the species. Recommendations we received; however, comments that On December 6, 2019, we published In our December 6, 2019, proposed we incorporated as changes into the in the Federal Register a proposed rule rule (84 FR 67060), we requested that all final rule, comments outside the scope (84 FR 67060) to list the beardless interested parties submit written of the proposed rule, and those without supporting information did not warrant chinchweed as an endangered species comments on the proposal by February an explicit response and, thus, are not and to designate critical habitat for the 4, 2020. We also contacted appropriate presented here. Identical or similar species under the Act (16 U.S.C. 1531 et Federal and State agencies, scientific comments have been consolidated and a experts and organizations, and other seq.). The December 6, 2019, rule also single response provided. proposed to list Bartram’s stonecrop interested parties and invited them to (1) Comment: A commenter claimed (Graptopetalum bartramii) as a comment on the proposed that we did not notify the public of the threatened species with a rule under determination, proposed designation of imminent listing of the beardless section 4(d) of the Act. We will address critical habitat, and draft economic chinchweed and the public needs more our proposal to list Bartram’s stonecrop analysis. Newspaper notices inviting time to respond. (Graptopetalum bartramii) as a general public comment were published Response: On August 8, 2012, we threatened species with a rule issued in the Arizona Daily Star on December announced our 90-day finding that a under section 4(d) of the Act in a 9, 2019, and the Sierra Vista Herald on petition to list beardless chinchweed as separate, future Federal Register December 13, 2019. We did not receive endangered or threatened under the Act document. Please refer to that proposed any requests for a public hearing. All presented substantial information rule for a detailed description of substantive information provided indicating that listing of the species may previous Federal actions concerning the during the comment period either has be warranted (77 FR 47352). At that beardless chinchweed that occurred been incorporated directly into the final time, we requested data and information prior to the proposal’s publication. rule or is addressed below. from the public regarding the species to Peer Reviewer Comments inform our status review and Summary of Changes From the determination if listing is warranted. In Proposed Rule In accordance with our joint policy on response to publication of the 90-day peer review published in the Federal finding, increased interest in beardless In preparing this final rule, we Register on July 1, 1994 (59 FR 34270), chinchweed and its status led to reviewed and fully considered and our August 22, 2016, memorandum additional surveys and research comments from the public on our updating and clarifying the role of peer beginning in 2013. On October 23, 2017, December 6, 2019, proposed rule review of listing actions under the Act, we sent a letter to interested parties, regarding beardless chinchweed. We we sought the expert opinions of four landowners, and Tribes indicating that updated the beardless chinchweed SSA appropriate specialists regarding the a species status assessment would be report (to version 2.0) based on SSA report. We received responses from conducted for beardless chinchweed to comments and additional information two specialists, which informed the inform our listing determination, and provided during the comment period, SSA report and this final rule. The we again requested scientific and and those updates are reflected in this purpose of peer review is to ensure that commercial data or other information on final rule, as follows: our listing determinations and critical the species. (1) We included updated survey habitat designations are based on In addition, the species has been information provided to the Service scientifically sound data, conclusions, included on our National Listing including the 2019 Coronado National and analyses. The peer reviewers have Workplan, which is publicly available Memorial indicating an increase in the expertise in the biology of, habitat of, on our website, since 2016. We updated Visitor Center population, and other and threats to the species. the workplan in May 2019 and listed the reports of additional occurrences We reviewed all comments we 12-month finding for beardless received. received from the peer reviewers for chinchweed as a FY 2018 carryover substantive issues and new information action. The court-ordered settlement (2) We included additional regarding the beardless chinchweed and agreement of October 11, 2019, that information regarding critical habitat its critical habitat. The peer reviewers stipulates delivery of a 12-month designation along the United States/ generally concurred with our methods finding to the Federal Register by Mexico border and coordination with and conclusions, and provided November 29, 2019, is also publicly Customs and Border Protection. additional information, clarifications, available. (3) We included additional and suggestions to improve the SSA Finally, the December 6, 2019, information we received regarding the report and final rule. Peer reviewer proposed rule (84 FR 67060) opened a date of discovery of a population. comments are incorporated into the SSA 60-day public comment period on the report and this final rule as appropriate. (4) We made many small, proposed listing and critical habitat nonsubstantive clarifications and Public Comments designation for the beardless corrections throughout the SSA report chinchweed. We received 17 public comments in As such, we complied with all and this rule, including under Summary response to the proposed rule. We requirements of the Act and conclude of Biological Status and Threats, in reviewed all comments we received that the public was afforded adequate order to ensure better consistency, during the public comment period for notice of the proposed listing of the clarify some information, and update or substantive issues and new information beardless chinchweed. add new references. regarding the proposed rule. Nine (2) Comment: Three commenters However, the information we received comments provided substantive stated that relying on the conservation during the comment period for the comments or new information biology concepts of resiliency, proposed rule did not change our concerning the proposed listing and redundancy, and representation to make determination that the beardless designation of critical habitat for the the proposed listing determination is chinchweed is an endangered species. beardless chinchweed. Below, we improper as they are not found in the

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Act or the Service’s implementing as beardless chinchweed is often 89 individuals occurred along Ruby regulations and their meanings are difficult to detect. Road in 1985, and after four separate uncertain, creating confusion if criteria Response: As required by the Act (16 surveys, 10 individuals were found for listing are being followed. U.S.C. 1533(b)(1)), we based the listing along this road in 2015. Similarly, the Response: The SSA framework is an decision on the best available scientific Scotia Canyon population contained analytical approach developed by the and commercial information. We have 122 individuals in 1993, 35 in 2017, and Service to deliver foundational science worked in partnership with numerous 40 in 2020. Other populations could not for informing decisions under the Act agencies and organizations to visit most be relocated at all, despite numerous (Smith et al. 2018, entire). The SSA of the known U.S. locations of beardless species-specific surveys, and they are characterizes species viability (defined chinchweed at least once (with some presumed extirpated. The condition of as the ability to sustain populations in long-term monitoring initiated), as well six additional populations in Mexico is the wild over time) based on the best as a portion of the Mexico populations. unknown, but we have concluded the scientific understanding of current and Although information from 1983–2010 populations in Mexico are extant for the future abundance and distribution is limited, we used the best available purposes of our analyses. Because of the within the species’ ecological settings information regarding the status of the current low numbers of the species, its using the conservation biology species to assess the species’ current limited distribution, and the past, principles of resiliency, redundancy, and future conditions. The U.S. Forest current, and ongoing threats to its and representation (Shaffer and Stein Service (USFS), National Park Service existence, we determine that the species 2000, pp. 308–311). To sustain (NPS), Service, industry surveyors, and is in danger of extinction. populations over time, a species must other researchers gathering information (5) Comment: A commenter claimed have the capacity to withstand: (1) on beardless chinchweed have the Service suppresses location Environmental and demographic increased survey efforts since 2010 in information to bolster the appearance of stochasticity and disturbances suitable habitat in Arizona and Mexico. larger than actual numbers of (resiliency), (2) catastrophes At a minimum, recent surveys and extirpations and predicts additional (redundancy), and (3) novel changes in research on beardless chinchweed have populations occur on the west flank of its biological and physical environment occurred each year from 2010 to 2017, the Huachuca Mountains. The (representation). A species with a high in 2019, and in 2020. Despite the commenter also identified Coronado degree of resiliency, representation, and difficulty of detecting beardless Cave Trail, Joe’s Canyon Trail, and an redundancy is better able to adapt to chinchweed, trained botanists are area west of the State of Texas Mine novel changes and to tolerate conducting surveys during the bloom populations as extant patches. The environmental stochasticity and period, enhancing the probability of commenter noted observations of catastrophes. In general, species detection. beardless chinchweed in Box Canyon viability will increase and the risk of (4) Comment: A commenter stated (Westland Resources 2010) and near extinction will decrease with increases that the available data are insufficient to Washington Camp by NPS in 2015 and in resiliency, redundancy, and show a true decline in the species and recommended we describe the two representation (Smith et al. 2018, p. that no statistically valid historical populations as extant. 306). The SSA provides decision-makers population data and minimal recent Response: The Service has with a scientifically rigorous data were used in the analysis; incorporated the best available characterization of a species’ status and therefore, there is no credible scientific information regarding beardless the likelihood that the species will way to compare beardless chinchweed chinchweed distribution and sustain populations over time, along population health over time. abundance, including all historical and with key uncertainties in that Response: When making a listing current populations. Explicit and characterization. The beardless decision for a species, the Service must precise location information is not chinchweed SSA provides the best determine if the best available included in the SSA in order to reduce available scientific information to guide information indicates that a species is in or avoid potential risk to the species a determination of whether or not the danger of extinction throughout all or a from plant collection or trampling due beardless chinchweed is in danger of significant portion of its range (an to additional foot traffic. The examples extinction now or in the foreseeable endangered species) or likely to become mentioned (Coronado Cave Trail, Joe’s future. an endangered species within the Canyon Trail, State of Texas Mine, Notwithstanding our use of resiliency, foreseeable future throughout all or a Washington Camp, and Box Canyon redundancy, and representation as significant portion of its range (a Road) are addressed in the SSA and scientific concepts helpful in assessing threatened species). Although species December 6, 2019, proposed rule (84 FR and describing a species’ viability and petitioned for listing or under 67060), and the number of extirpated extinction risk, we adhere to all assessment by the Service often show a populations remains the same. We have requirements of the Act in making our decline in population abundance or incorporated the additional occurrence listing determinations. This includes distribution, such a decline is not information for Joe’s Canyon Trail, State applying the Act’s definitions of an required for the determination of of Texas Mine, and Washington Camp endangered species and a threatened endangered or threatened status for the into the SSA report. The occurrence species, as well as an assessment of the species. information for the Coronado Cave Trail 5 listing factors (see Regulatory The best available information for was included in two other reports cited Framework, below). beardless chinchweed indicates 21 in the SSA (Westland 2016, p. 4; Sebesta (3) Comment: A commenter noted separate historical populations across per. comm. 2017). that, in general, attempts to locate the range of the species. Of these, nine The Joe’s Canyon Trail subpopulation beardless chinchweed since 1983 have populations have been extirpated, and was noted in 1992 but was not observed been uncommon and that more surveys six populations are extant in southern on three surveys since 2014 (USFWS are needed before a listing decision is Arizona. Of the remaining populations 2014a, p. 4; Westland 2016, p.4). The made. The commenter suggested that in southern Arizona, several commenter notes he observed 30 more surveys for beardless chinchweed populations with historical counts are vigorous plants (at least 53 individuals) would result in occurrences discovered, now reduced in number. For example, at the site in 2012. However, there is no

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official report, note, photograph, or will be very useful in determining 2018, entire). We used the best available herbarium documentation of this 2012 where to conduct future surveys. information on the range of beardless sighting. Based on the species’ lack of Between 1990 and 1994, Bowers and chinchweed in the SSA report, the occurrence during three surveys since McLaughlin took 41 botanical trips into December 6, 2019, proposed rule (84 FR 2014, we continue to categorize the Joe’s the Huachuca Mountains, including the 67060), and this final rule. Species- Canyon Trail subpopulation as west flank, adding to the long history of specific surveys have been conducted in extirpated. We note the Joe’s Canyon botanical collection there (Bowers and the mountain ranges in the U.S. portion area is included in the critical habitat McLaughlin 1996, p. 70). Beardless of the beardless chinchweed’s range. We designation and look forward to chinchweed has not been reported from conclude it is unlikely that large conservation efforts and additional this area at any time historically. populations remain unaccounted for surveys of the site. (7) Comment: A commenter therein. If we receive new information The commenter notes he has mentioned that the assumptions in the future as a result of additional information regarding a 2015 beardless regarding the beardless chinchweed’s surveys, we will analyze such chinchweed observation by NPS staff population size and habitat degradation information in the course of developing near the Washington Camp population. in Mexico might be inaccurate as the a recovery plan for the species or in 5- We are aware of, and include in the areas are remote and relatively year reviews of its status. If we SSA, a notification of beardless undisturbed. determine that the new information chinchweed possibly being located in Response: We relied on the best indicates that the species no longer 2014 along a road near the historical available data regarding population size meets the definition of an endangered location of the Washington Camp and habitat conditions in Mexico. The species, we will promptly begin population (Buckley 2020, pers. comm.). last report of beardless chinchweed in rulemaking to assign the correct status. However, there is no written report, Mexico was from 1940. There are (9) Comment: A commenter noted that communication to a natural resource numerous botanical collection trips in hundreds of plants and animals are at agency or database, field notes, Mexico annually, and no beardless the northern fringe of their range in photograph, or herbarium chinchweed occurrences have been southern Arizona and are common and documentation of the possible 2015 reported. We sent inquiries regarding safe in Mexico. sighting referenced by the commenter. this species to 11 researchers familiar Response: Historical distributions of Other surveys at the Washington Camp with the flora of Chihuahua and Sonora beardless chinchweed are focused in site in the Patagonia Mountains were in 2017 and received no information on southern Arizona, with some disjunct unsuccessful in locating beardless the status of the species in Mexico. populations in northern Mexico. There chinchweed (Service 2014a, pp. 1–2; Surveys in the 1990s and in 2017 and have been surveys for this species in Haskins and Murray 2017, pp. 2–3). 2018 at historical and potential Mexico, and numerous biologists from Therefore, the additional information beardless chinchweed locations in Mexico have been consulted regarding does not alter our conclusion, that the Sonora, Mexico, revealed no beardless its presence in the country. Habitat has Washington Camp population is chinchweed. The lack of beardless been altered extensively in Mexico, and extirpated. chinchweed in Sonora may be no populations of the beardless We have visited the Box Canyon site associated with severe overgrazing chinchweed have been located there; on numerous occasions, and no (Sanchez-Escalante 2019, p. 17). therefore, we do not find the species to beardless chinchweed plants have been Five of the six populations in Arizona be common or safe in Mexico. relocated. The Westland 2010 Box contain fewer than 50 individuals. (10) Comment: A commenter claimed Canyon survey report noted in the Therefore, we concluded that the that surveys by Sanchez-Escalante in comment refers to 20 individuals of populations in Mexico, if extant, Mexico were rushed and occurred in the another species, Graptopetalum contain fewer than 50 individuals. In wrong habitat and at the wrong time of bartramii (Bartram’s stonecrop), but Mexico, rapid expansion of nonnative, year. does not note beardless chinchweed invasive plant species and degradation Response: The researcher Sanchez- occurrence. A 2012 report by Westland of native plant communities have Escalante spent 35 days exploring 55 notes that in 49 person-days of survey potential to invade large areas of sites in Sonora and Chihuahua and for beardless chinchweed in suitable northern Mexico, including beardless covered 6,900 kilometers with a team of habitat, no plants were located except chinchweed sites. We made these trained botanists with the specific aim within the McCleary Canyon area. conclusions based on the best available of locating populations of six identified (6) Comment: A commenter claimed science and welcome additional rare plant species in appropriate the granite substrate is incorrectly information to inform future Service habitats. No beardless chinchweed identified habitat for beardless actions regarding the beardless plants were located in 10 separate chinchweed but additional substrates, chinchweed. suitable habitats searched, including all such as mudstones and rhyolite, likely (8) Comment: A commenter stated historical locations in Sonora. These play a role in the species’ habitat. The that much is unknown about beardless surveys were conducted during the commenter predicted there might be chinchweed and near-future additional flowering season in late September more beardless chinchweed on the west surveys in Arizona and Mexico are when the plants are most visible. flank of the Huachuca Mountains. required to ensure the need for listing Therefore, we conclude the Sanchez- Response: Beardless chinchweed’s and possible resultant economic loss. Escalante surveys were conducted using known occurrences have been found on Response: We are required by the Act appropriate methods. Thus, we base our sunny to partly shaded southern to make our determination solely on the current understanding of the beardless exposures, on eroding limestone or basis of the best commercial and chinchweed occurrences in Sonora and granite soils and rock outcrops. The scientific information available at the Chihuahua on the best available NPS is currently working on a beardless time, but we do conduct an economic scientific information. chinchweed and associated geology analysis of the impacts of critical habitat (11) Comment: A commenter map, including additional substrates of designation. The screening memo mentioned regular visitation is mudstones and rhyolite. We expect this outlining the results of that analysis is necessary to attain information on map, and the commenter’s observations, available as a supporting document (IEc bloom period, seed production,

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reproduction method, pollinators, conclusions about other aspects of the appropriate peer review. The petition precipitation and growth relationships, species’ biology and requirements based identifies livestock grazing as the and genetic diversity. on similar species, similar habitats, and primary threat to the beardless Response: We are aware of limited best available information. chinchweed. Our analysis determined information regarding the life history (14) Comment: A commenter stated nonnative invasion and high-severity and species characteristics the that the Service provides a misleading fire are the primary threats to the commenter mentioned. We are discussion of the current status of the species, with livestock disturbance supporting current research into the beardless chinchweed and fails to potentially benefitting the plants at pollination, breeding systems, recognize its life history as a certain times of the year and potentially demographics, responses to fire and disturbance-dependent and extremely harming it at other times (summer and nonnative grass removal and we are in difficult species to detect. fall). We used the best available regular contact with the researchers Response: As described in the SSA scientific and commercial information working with beardless chinchweed. report, beardless chinchweeed is, and in our analyses. Further studies will inform conservation has historically been, found in open, (16) Comment: Three commenters and recovery efforts for the species. native-dominated desert grasslands, oak claimed the Service’s assumption that (12) Comment: A commenter savannas, and oak woodlands. This nonnative grasses decrease habitat indicated that beardless chinchweed species is also often associated with suitability and alter the fire regime is colonization of unoccupied habitat active disturbances from frequent, low not supported by the data and the patches from known subpopulations has severity wildfire; grazing and browsing method of assessment for the effect of been documented repeatedly since of native animals during seed competition with nonnative grasses is 1993. The commenter opined that production; and natural erosion of unclear. The species persists in population losses are caused by unstable substrates, thus reducing nonnative grasslands and has positive metapopulation dynamics, and the competition. Many historical locations population growth following the species readily occupies newly are now dominated by nonnative Monument Fire. disturbed habitat. grasses, have an altered wildfire regime, Response: Beardless chinchweed Response: The beardless chinchweed and no longer support the species. typically occurs on steep, south-facing, has been located in plains, great basin, Native-dominated habitats have diverse sunny to partially shaded hillslopes, semi-desert grasslands, oak savanna, assemblages of vegetation, each with a with eroding bedrock and open areas and Madrean evergreen woodland, and different-shaped and -sized canopy and with little competition from other along disturbed roads, trails, and mining root system, which creates heterogeneity plants. Since 2012, many surveys of sites within these vegetation of form, height, and patchiness, and historically documented beardless communities. Beardless chinchweed provides openness. This is in contrast to chinchweed population areas detected groups occurring in these habitats have nonnative-dominated habitats, which no beardless chinchweed plants. The collectively been counted as single are unnaturally dense, are evenly change in habitat in these areas, with subpopulations or populations since spaced, and have an even understory drastic increases in nonnative, invasive their discoveries, and fluctuations of the height; burn with regularity; and grasses that provide limited bare soil number of individuals found have been contain species that compete with needed by beardless chinchweed, noted. We have no information on the beardless chinchweed for space, water, indicates that the areas are no longer detection of colonization of unoccupied light, and nutrients. The documented suitable habitat for this species. Even in habitat; we welcome these data from the invasion of nonnative grasses areas that support the beardless commenter to inform subsequent throughout most of the beardless chinchweed, such as at Coronado Service actions. chinchweed’s range has greatly National Memorial, biologists report (13) Comment: A commenter claimed increased competition and altered fire that the beardless chinchweed has not the Service lacks basic knowledge about regimes in these areas. Historical been found in any location dominated the biology and habitat requirements of populations currently with nonnative by nonnative grasses. In all but a small the beardless chinchweed and is not grass dominance no longer support number of historical populations, following the mandate to base listing beardless chinchweed due to this nonnative grasses have increased to an decisions on the best scientific and alteration of habitat. There are currently extent that they exclude most native commercial data available. no extant populations of beardless species, including beardless Response: We based this final listing chinchweed without at least some level chinchweed. Numerous surveys and determination on the best available of nonnative grass invasion. We studies indicate that the beardless scientific and commercial information, acknowledge that the species is difficult chinchweed does not occur in sites and the commenter did not provide any to detect. Despite the difficulty of heavily impacted by nonnative plants. new information for us to consider. The detection, trained botanists are Surveys for the beardless chinchweed best available information on beardless conducting surveys during the bloom note habitat conditions, including the chinchweed habitat indicates the period, enhancing the probability of extent of nonnative grasses. species does best on eroding soils in detection. Historical frequent, low-severity fires native-dominated grasslands. (15) Comment: A commenter claimed in southern Arizona grasslands have Additional beardless chinchweed the Service did not do due diligence to been replaced with more frequent and biology and habitat research is ongoing, list threats or make determinations but more severe fires due, in part, to the and results will inform future Service used the petitioner’s list of threats. The invasion of nonnative plants. Beardless actions. In assessing the viability of the commenter also suggested the Service’s chinchweed grassland habitats have beardless chinchweed, the best available analysis of stressors is speculative and been altered to include nonnative scientific and commercial data provide not based on hard data. grasses and hotter fires. The area where information about some aspects of Response: The Service’s the beardless chinchweed occurs at species’ biology and habitat determination to list the species is based Coronado National Memorial requirements, but may not represent a on a thorough review of the best experienced low to moderate severity full and complete knowledge of the available scientific and commercial fire in the Monument Fire in 2011, and species. We drew reasonable information and was subject to in 2019, low severity prescription fire

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was used as a tool to benefit the 157). Grazing pressure may have compete with beardless chinchweed for beardless chinchweed (BAER 2017, contributed to species’ rareness due to space, water, light, and nutrients, and entire; Fitting 2020, pers. comm). reduced reproduction and alteration in alter wildfire regimes. Many of these We assessed the effects of competition habitat (Keil 1982, pers. comm.). historical locations no longer support with nonnative grasses based on habitat Overgrazing is considered a stronger the beardless chinchweed due to conditions reported in surveys of influence on beardless chinchweed alteration of habitat by nonnative beardless chinchweed populations. The habitat in Mexico (Fishbein and Warren grasses (NPS 2014, pp. 3–4; Service extent of nonnative grasses in the area 1984, p. 20; Sanchez-Escalante 2019, p. 2014a, pp. 1–2; Service 2014b, entire; is negatively associated with beardless 17). Service 2014c, pp. 1–2). Therefore, for chinchweed occurrence. Beardless The beardless chinchweed SSA report the purposes of our analysis, we chinchweed occurs in areas with little concludes that grazing in winter or conclude that the presence of natural competition and nonnative spring when the plant is dormant would nonnatives following a disturbance is grasses are strong competitors for increase disturbance and open habitat not helpful to the beardless required resources of sunlight, water, needed by the beardless chinchweed, chinchweed. and space. Several instances have been while grazing in summer or fall when (20) Comment: A commenter stated reported where surveys of more densely the plant is growing and flowering that demographic and environmental vegetated habitat resulted in no could damage plants or reduce seed stochasticity are naturally occurring beardless chinchweed found, production. phenomena for which beardless supporting this species’ requirement for (18) Comment: A commenter chinchweed plants are very well- little competition (USFWS 2014a, p. 4; recommended using past climate data at adapted. USFWS 2014b, p. 1; USFWS 2014c, p. a local level rather than modelling Response: Demographic and 4; USFWS 2014d, p. 2; Haskins and projections when discussing climate as environmental stochasticity are Murray 2017, p. 2). In addition, a threat. naturally occurring phenomena (Shaffer beardless chinchweed has not been Response: In the beardless 1981, p. 131). However, beardless found in any location dominated by chinchweed SSA report, figure 4.8a–c chinchweed populations adapted to nonnative grasses on National Park shows both the past and projected mean naturally occurring phenomena now Service lands (National Park Service daily maximum temperatures in experience the additional stressors of 2014, p. 4; Janway 2017, pers. comm.). Cochise, Pima, and Santa Cruz Counties, nonnative grass (competition and (17) Comment: A commenter Arizona. The data for past mean daily altered fire regime) and the effects of a indicated that managed livestock and maximum temperatures also indicate changing climate beyond the scope of wild ungulate grazing are proven to increases in temperature in all three normal occurrence. For example, effects reduce fuels for fires and requested all counties. Modeling projections based on due to a changing climate, coupled with language relating to domestic livestock the Intergovernmental Panel on Climate other stressors, can have a cumulative threatening beardless chinchweed be Change Fifth Assessment report (IPCC impact resulting in greater than removed from the SSA report and the 2014, entire) and future climate anticipated decline in rare species rule. projections from the National Climate (Souther and McGraw 2014, pp. 1471– Response: Livestock grazing is not Explorer Tool (USGS 2017a, entire) 1472). In addition, populations that noted in the SSA report or the rule as downscaled to county level were used experience variability in abundance a major threat to the beardless to discuss climate change and the effects must maintain a minimum viable chinchweed. While grazing is not a of current and future changes on population to be able to repopulate after major threat to the species, the activity beardless chinchweed. Section 4.2 of a demographic or environmental does act as a stressor to the beardless the SSA (USFWS 2020, pp. 29–42) stochastic event or catastrophe chinchweed in some circumstances, and describes these modelling projections in (Holsinger and Falk 1991, p. 45). the effect of grazing is analyzed in the greater detail. Rangewide (including Mexico), 11 of the SSA report. (19) Comment: A commenter noted 12 beardless chinchweed populations Wild ungulate grazing is noted in the degree of disturbance that is harmful (83 percent) are small (fewer than 50 beardless chinchweed populations. versus helpful to the beardless individuals). When the effect of small Coues white tail deer (Odocoileus chinchweed needs to be determined population size exacerbates other virginianus ssp. couesi) and javelina through research. stressors beyond those naturally (Pecari tajacu) were observed in the Response: Additional research into occurring phenomena that beardless vicinity of browsed beardless the amounts and types of disturbance chinchweed has adapted to, population chinchweed plants (USFWS 2015, pp. compatible with the beardless abundance may be reduced to the extent 1–2). In a 2019 study, researchers chinchweed would assist with further that repopulation does not occur. reported 75 percent of 785 individuals actions related to the species. Three (21) Comment: A commenter stated studied in the population at Coronado extant populations occur along disturbance (including high intensity National Memorial showed signs of deer roadcuts, and another occurs along a grazing, post-wildfire runoff, trail and browse (Souther, 2020, p. 1). The loss of maintained trail. Routine vegetation road maintenance, and mining flowers in any year equates to a loss of maintenance along the roads and trails activities) are not threats to the seed production and seed bank storage, reduces competition from other plants beardless chinchweed. In addition, one and reduction in genetic diversity. for sunlight and nutrients. However, commenter stated that road graders will Livestock grazing is expected to have roadside maintenance could also be banned, yet they create habitat for the a similar impact. Beardless chinchweed damage or remove plants. In addition, species. does not flower until it reaches a height nonnative plant introduction and spread Response: The beardless chinchweed of over 1.6 ft tall. Without time and often occur in areas of disturbance, such likely requires low to moderate intensity resources to regrow, browsed plants as along roadways, along trails, in disturbance to maintain open habitat. may be unable to attain adequate size mining sites, and in areas of recreational This disturbance includes localized for reproduction and are susceptible to use (Gelbard and Belnap 2003, p. 421; natural erosion of unstable substrates impacts from grazing (Phillips et al. Brooks 2007, pp. 153–154; Anderson et following precipitation events. Grazing 1982, p. 8; Falk and Warren 1994, p. al. 2015, p. 1). Nonnative grasses could impact beardless chinchweed in

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small populations with fewer than 50 lands and is not grazed by cattle. The incorporated into the final economic individuals as flowers removed equate USFS currently implements site-specific analysis. to reduction in genetic diversity and management for the extant beardless Response: During the open public seed production. Many beardless chinchweed sites, and we anticipate comment period on the December 6, chinchweed plants are precarious in they will continue to do so in the future. 2019, proposed rule (84 FR 67060), we their steep, sunny, erodible habitat, and Of 8 beardless chinchweed populations accepted comments on the draft heavy post-fire flooding and erosion on USFS lands or portions of USFS economic analysis for the critical habitat could easily remove or bury plants. The lands, 4 populations currently designation for the beardless beardless chinchweed is a species experience some level of grazing. Two chinchweed. We considered comments negatively affected by competition from populations occur in areas grazed only we received on the draft economic other plants, particularly nonnative during March, which is outside of the analysis. To view the economic grasses. Activities that remove soils, growing season for the beardless analysis, go to http:// increase nonnative plant spread, or chinchweed (Heitholt 2017a, pers. www.regulations.gov and search for reduce habitat for the beardless comm.). Another population is on an Docket No. FWS–R2–ES–2018–0104. chinchweed negatively affect the allotment that is grazed by cattle in (26) Comment: A commenter noted species. Further, under this rule, the use winter and spring, also outside of the that proposed critical habitat units 1, 2, of road graders will not be banned. The flowering period for the beardless 6, 7, and 8 were visited during the use of road graders in activities chinchweed (Heitholt 2017b, pers. 2019–2020 winter and that the proposed conducted, funded, permitted, or comm.). A fourth population is in a essential physical and biological authorized by Federal agencies and the yearlong, deferred rest rotational grazing features were present within discrete consequent effects to the beardless regime, meaning any growing season areas within a matrix of high canopy chinchweed would be evaluated in a use is mitigated with growing season cover grassland primarily dominated by section 7 consultation to ensure that rest the following year; in general, this nonnative grasses. They recommended a their use is compatible with beardless area receives less than 25 percent wording change to indicate special chinchweed conservation. utilization due to topography and management only in areas where all (22) Comment: Three commenters distance from water (Heitholt 2018, essential physical and biological indicated that the Service’s conclusion pers. comm.). Cattle have not grazed features co-occur, as not all of these that small and isolated populations another population that occurs partially areas include all proposed essential make recolonization of extirpated on USFS lands since 1968 (Wilcox 2017, physical and biological features. beardless chinchweed populations pers. comm.). Response: Not all critical habitat units unlikely is unsupported. The overlap of grazing allotments contain all of the essential physical and Response: The current distribution of with critical habitat units is fairly biological features; in fact, it is unlikely beardless chinchweed consists of limited. Within occupied units, two that any beardless chinchweed populations widely separated on the allotments overlap with critical habitat populations are free of nonnative landscape, and the plant’s seeds are not by less than 5 percent of the allotments’ grasses entirely. The critical habitat expected to travel long distances as land area (IEc 2018, p. 15). Within units are focused largely on areas that typical of desert plants in a specialized unoccupied units, one allotment are currently dominated by native environment (Van Oudtshoorn and Van overlaps critical habitat by species or have a mix of native and Rooyen 2013, p.2). In addition, much of approximately 7 percent and two nonnative plants (USFS 2017). One goal the grassland habitat surrounding allotments overlap by less than 3 to conserve the beardless chinchweed is known populations has been altered by percent of the allotments’ land area (IEc to work toward the reduction of nonnative plant invasion and no longer 2018, p. 15). The USFS will conduct nonnative plants in critical habitat supports beardless chinchweed section 7 consultation on the effects of units. If only units with no nonnative (National Park Service 2014, pp. 3–4; grazing to the beardless chinchweed and species were designated as critical USFWS 2014b, pp. 1–2; USFWS 2014c, designated critical habitat following the habitat, there would be insufficient entire; USFWS 2014d, pp. 1–2). listing of the species (see DATES, above). habitat to conserve the species. Throughout the range of the species, Any site-specific adjustments to grazing (27) Comment: One commenter is beardless chinchweed populations are on allotments will be considered in the concerned that nonnatives are too naturally fragmented between mountain consultation process. extensive to treat outside of small areas. ranges that are many miles away from (24) Comment: A commenter claimed Response: We understand the other mountain ranges, so natural re- the City of Sierra Vista, Fort Huachuca, challenges of controlling nonnative establishment is unlikely. and other affected parties were not plants and restoring native grasses to a (23) Comment: Three commenters consulted during the economic analysis site. We note that treatment of were concerned that critical habitat process, which was performed too nonnatives near beardless chinchweed units will be closed off to grazing and quickly. populations is an initial step in livestock will be removed during the Response: For the economic analysis, conserving the species. growing season on occupied allotments, we considered affected parties to be (28) Comment: Two commenters which may have significant impacts on those that overlap with occurrences of, stated that we failed to properly identify cattle ranchers, or that the designation or are within immediate proximity to, and use the species’ physical and of critical habitat will force the U.S. the species (e.g., USFS, NPS, Federal biological features to designate critical Forest Service to build cattle exclosures. agencies conducting border patrol habitat. Another commenter stated that These allotments are dominated by activities). The City of Sierra Vista and the physical and biological features nonnative species with the exception of Fort Huachuca are more than 18 miles identified in the proposed rule for the where the beardless chinchweed occurs. from any known population of the beardless chinchweed are general in One commenter recommended site- beardless chinchweed; therefore, we did nature and do not distinguish proposed specific analysis to determine the level not seek input from those parties. critical habitat units from vast areas of of management considerations needed. (25) Comment: A commenter potential habitat, suggesting there are Response: The largest population of requested the opportunity to verify that hundreds of thousands (or more) acres beardless chinchweed occurs on NPS their economic analysis comments were of potential habitat for the species.

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Response: The physical and biological actions or conditions that could have an is a summary of the key results and features identified for the beardless effect on a species’ continued existence. conclusions from the SSA report; the chinchweed are based on the species’ In evaluating these actions and full SSA report can be found at Docket known biology, ecology, and habitat conditions, we look for those that may No. FWS–R2–ES–2018–0104 on http:// requirements. These include the habitat have a negative effect on individuals of www.regulations.gov and at https:// required to maintain pollinators, space the species, as well as other actions or www.fws.gov/southwest/es/arizona/ for expansion and colonization of conditions that may ameliorate any Docs_Species.htm. beardless chinchweed populations, and negative effects or may have positive To assess beardless chinchweed’s the need of the species to have open effects. viability, we used the three conservation spaces without excessive nonnative We use the term ‘‘threat’’ to refer in biology principles of resiliency, grass competition. In unoccupied general to actions or conditions that are redundancy, and representation (Shaffer critical habitat units, not all physical known to or are reasonably likely to and Stein 2000, pp. 306–310). Briefly, and biological features may be present, negatively affect individuals of a resiliency supports the ability of the but these areas are essential for the species. The term ‘‘threat’’ includes species to withstand environmental and conservation of the beardless actions or conditions that have a direct demographic stochasticity (for example, chinchweed. Southern Arizona impact on individuals (direct impacts), wet or dry, warm or cold years), grasslands, oak savannas, and evergreen as well as those that affect individuals redundancy supports the ability of the woodlands have been invaded by through alteration of their habitat or species to withstand catastrophic events nonnative plant species to an extensive required resources (stressors). The term (for example, droughts, large pollution degree, rendering much of the potential ‘‘threat’’ may encompass—either events), and representation supports the habitat less suitable. together or separately—the source of the ability of the species to adapt over time action or condition or the action or to long-term changes in the environment I. Final Listing Determination condition itself. (for example, climate changes). In Background However, the mere identification of general, the more resilient and any threat(s) does not necessarily mean redundant a species is and the more Please refer to the December 6, 2019, that the species meets the statutory representation it has, the more likely it proposed rule to list and designate definition of an ‘‘endangered species’’ or is to sustain populations over time, even critical habitat for the beardless a ‘‘threatened species.’’ In determining under changing environmental chinchweed (84 FR 67060) and the SSA whether a species meets either conditions. Using these principles, we report for a full summary of species definition, we must evaluate all identified the species’ ecological information. Both are available on our identified threats by considering the requirements for survival and Southwest Region website at https:// expected response by the species, and reproduction at the individual, www.fws.gov/southwest/ and at http:// the effects of the threats—in light of population, and species levels, and www.regulations.gov under Docket No. those actions and conditions that will described the beneficial and risk factors FWS–R2–ES–2018–0104. ameliorate the threats—on an influencing the species’ viability. Regulatory and Analytical Framework individual, population, and species The SSA process can be categorized level. We evaluate each threat and its into three sequential stages. During the Regulatory Framework expected effects on the species, then first stage, we evaluated the individual Section 4 of the Act (16 U.S.C. 1533) analyze the cumulative effect of all of species’ life-history needs. The next and its implementing regulations (50 the threats on the species as a whole. stage involved an assessment of the CFR part 424) set forth the procedures We also consider the cumulative effect historical and current condition of the for determining whether a species is an of the threats in light of those actions species’ demographics and habitat ‘‘endangered species’’ or a ‘‘threatened and conditions that will have positive characteristics, including an species.’’ The Act defines an effects on the species, such as any explanation of how the species arrived endangered species as a species that is existing regulatory mechanisms or at its current condition. The final stage ‘‘in danger of extinction throughout all conservation efforts. The Secretary of the SSA involved making predictions or a significant portion of its range,’’ and determines whether the species meets about the species’ responses to positive a threatened species as a species that is the definition of an ‘‘endangered and negative environmental and ‘‘likely to become an endangered species’’ or a ‘‘threatened species’’ only anthropogenic influences. This process species within the foreseeable future after conducting this cumulative used the best available information to throughout all or a significant portion of analysis and describing the expected characterize viability as the ability of a its range.’’ The Act requires that we effect on the species now and in the species to sustain populations in the determine whether any species is an foreseeable future. wild over time. We use this information ‘‘endangered species’’ or a ‘‘threatened Analytical Framework to inform our regulatory decision. species’’ because of any of the following The SSA report documents the results Summary of Biological Status and factors: Threats (A) The present or threatened of our comprehensive biological status destruction, modification, or review for the species, including an In this discussion, we review the curtailment of its habitat or range; assessment of the potential threats to the biological condition of the species and (B) Overutilization for commercial, species. The SSA report does not its resources, and the threats that recreational, scientific, or educational represent a decision by the Service on influence the species’ current and future purposes; whether the species should be listed as condition, in order to assess the species’ (C) Disease or predation; an endangered or threatened species overall viability and the risks to that (D) The inadequacy of existing under the Act. It does, however, provide viability. regulatory mechanisms; or the scientific basis that informs our The beardless chinchweed is an erect, (E) Other natural or manmade factors regulatory decisions, which involve the many-branched perennial of the affecting its continued existence. further application of standards within Asteraceae (sunflower) family. It occurs These factors represent broad the Act and its implementing on sunny, south-facing slopes in native- categories of natural or human-caused regulations and policies. The following dominated grasslands, oak savannas,

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and oak woodlands in southern Arizona • Altered fire regime exacerbated by grasslands that reduce structural, and northern Mexico. The species is invasion by nonnative species; species, and spatial diversity and that particularly susceptible to competition • Altered precipitation, drought, and produce two to four times the biomass from other plants and is impacted by temperature; of native grasslands (D’Antonio and nonnative, invasive grasses, which • Erosion, sedimentation, and burial Vitousek 1992, p. 70; McPherson 1995, outcompete this species for light, water, from road and trail maintenance, pp. 136–137; VanDevender et al. 1997, nutrients, and space, and exacerbate mining, livestock trampling and soil p. 4; Huang et al. 2009, pp. 903–904). unnatural high-severity fires. Nine disturbance, and post-wildfire runoff; This change in vegetation structure • populations have been extirpated since Grazing from wildlife and livestock; results in a higher fuel load that is long- and lasting through slow decomposition and 1962, leaving 12 extant populations in • Arizona and Mexico. The extirpated Small population size exacerbating results in more frequent fires that have sites have high levels of invasion by all other stressors. longer flames, faster rates of spread, and The largest risk to viability of the nonnative grasses. Most populations are higher severity and frequency than species is caused by the loss of habitat very small, with 92 percent of historical low-intensity burns of native from the invasion of nonnative grasses populations throughout the range of the desert grasslands (Anable et al. 1992, p. that compete for space, water, light, and species supporting fewer than 50 186; Dennet et al. 2000, pp. 22–23; nutrients and that alter wildfire regimes. individuals. These small populations Williams and Baruch 2000, p. 128; This combination of stressors has are particularly vulnerable to Crimmins and Comrie 2004, p. 464). In resulted in many populations having extirpation. addition, Lehmann’s lovegrass- fewer than 50 individuals remaining, dominated grasslands recover quickly The beardless chinchweed occurs which puts them at risk of extirpation between elevations of 3,799 to 5,699 ft. from fire, as fires scarify the ample from the primary stressor as well as seeds and remove canopy, allowing for It requires steep, south-facing, sunny to additional stressors that would not have partially shaded hillslopes with open high seedling emergence (Cable 1965, p. been a concern under natural 328; Anable 1990, p. 15; Roundy et al. areas and little competition from other conditions. Much of the historical range plants. To maintain species’ viability, 1992, p. 81; McPherson 1995, p. 137; of the beardless chinchweed in both the Biedenbender and Roundy 1996, p. populations with multiple United States and Mexico has been subpopulations and overall high 160). altered by an invasion of nonnative Rose natal, a native of Africa and abundance must be distributed across grasses and herbaceous plants. Although the species range and represent a range Madagascar, is invasive in many there are many nonnative plant species locations, including southern Arizona of environmental conditions. These growing in historical beardless populations must experience and northern Mexico (Stevens and chinchweed habitats in both the United Fehmi 2009, p. 379; Romo et al. 2012, recruitment that exceeds mortality. States and Mexico, two species in p. 34). Similar to Lehmann’s lovegrass, Beardless chinchweed requires habitat particular are most problematic to the rose natal is capable of growing in low consisting of native-dominated plant beardless chinchweed at this time: moisture situations and has many communities on eroding limestone or Lehmann’s lovegrass (Eragrostis advantages to outcompete native grasses granite bedrock substrate with lehmanniana) and rose natal (Melinis of southern Arizona, such as prolific precipitation adequate for germination, repens). Both of these species are strong seed production and culms that root growth and reproduction. The native- competitors on southern exposures from the nodes (Stokes et al. 2011, p. dominated plant communities include where the beardless chinchweed occurs. 527). This aggressive grass displaces plains, great basin, and semi-desert native vegetation in shrublands and oak grasslands, oak savanna, or Madrean Habitat Loss Caused by Nonnative Grasses stands, and increases fire frequency evergreen woodlands and communities (Romo et al. 2012, p. 35; Center for dominated by bunchgrasses with open Lehmann’s lovegrass, a nonnative Agriculture and Biosciences spacing and little competition from grass from South Africa, has numerous International 2020, entire). other plants. In addition, these competitive advantages over native In addition, several other invasive communities must support sufficient grasses in southern Arizona. Lehmann’s African grasses and an invasive Asian beardless chinchweed pollinators (e.g., lovegrass resprouts from roots and tiller grass have been documented in flies, bees, and butterflies) including nodes not killed by hot fire, is southern Arizona and northern Mexico plants for pollinator foraging and unhampered by the reduction in (Van Devender and Reina 2005, p. 160; nesting within pollinator flight distance mycorrhizae associated with fire and NatureServe 2020, entire; Fire Effects of beardless chinchweed populations. erosion, responds to winter Information System 2020, entire; Several stressors influence whether precipitation when natives grasses are SEINet, entire). Other nonnative grasses beardless chinchweed populations will dormant, produces copious seed earlier in Mexico show rapid expansion and grow to maximize habitat occupancy, than native grasses, maintains larger degradation of native communities, with which increases the resiliency of a seed banks than native grasses, and has the potential to invade large areas of population to stochastic events. We higher seedling survival and northern Mexico (Arriaga et al. 2004, p. evaluated the past, current, and future establishment than native grasses during 1504). No beardless chinchweed stressors (i.e., negative changes in the periods of drought (Anable 1990, p. 49; populations in the United States are resources needed by beardless Anable et al. 1992, p. 182; Robinett more than 1 kilometer (km) (0.6 mile chinchweed) that influence the viability 1992, p. 101; Fernandez and Reynolds (mi)), and no beardless chinchweed of the species. These stressors are 2000, pp. 94–95; Crimmins and Comrie populations in Mexico are more than 27 described in detail in chapter 4 of the 2004, p. 464; Geiger and McPherson km (16.8 mi), away from documented SSA report (Service 2020). Stressors that 2005, p. 896; Schussman et al. 2006, p. nonnative grasses (SEINet, entire; have the potential to affect beardless 589; O’Dea 2007, p. 149; Archer and Heitholt 2017b, pers. comm.). Because chinchweed population resiliency Predick 2008, p. 26; Mathias et al. 2013, we have documented nonnative include: entire). This species outcompetes native infestations in the field in locations not • Loss of habitat due to invasion by grasses for water, light, and nutrients, shown in SEINet, we conclude only a nonnative species; forming nonnative-dominated small portion of nonnative plants are

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reported into the SEINet system in Haskins and Murray 2017, p. 4). High- beardless chinchweed occurs, with either country. Based on the above severity wildfires burn hotter than fires dormant season snow and rain, and information, it is unlikely any beardless that beardless chinchweed evolved growing season monsoon rains. chinchweed population is free of with; consequently, we conclude the Precipitation during October through nonnative plants. This encroachment of plant is not capable of surviving high- March is important for beardless nonnatives has reduced beardless severity fires. chinchweed germination and growth. In chinchweed population numbers and Altered Precipitation, Drought, and addition, the beardless chinchweed habitat, and as nonnatives continue to Temperature does not flower until it reaches a height encroach on beardless chinchweed of more than 0.5 meter (m) (1.6 feet (ft)) populations, the number of individuals The southwestern United States is tall; without sufficient precipitation, warming and experiencing severe and available habitat will continue to beardless chinchweed may be unable to droughts of extended duration, changes decrease. attain adequate size for reproduction in amount of snowpack and timing of (Phillips et al. 1982, p. 8). Further, Altered Fire Regime snow melt, and changes in timing and The desert grasslands, oak savannas, severity of precipitation and flooding reduced precipitation, change in the and oak woodlands of southern Arizona (Garfin et al. 2014, entire). The effects of timing and type of precipitation, and historically had large-scale, low-severity a changing climate are important prolonged drought impact soil and fire roughly every 10 to 20 years and considerations in the analysis of the ambient moisture availability for following periods of adequate moisture stressors to the beardless chinchweed, beardless chinchweed germination, (McPherson and Weltzin 2000, p. 5; including increased nonnative seedling survival, plant growth, and Brooks and Pyke 2002, p. 6; McDonald competition (described above) during flowering. In addition, due to increased and McPherson 2011, p. 385; Fryer and times of low precipitation and drought nonnative competition during times of Leunsmann 2012, entire). This low- (Anable 1990, p. 49; Robinett 1992, p. reduced precipitation and drought, severity disturbance likely benefited 101; Fernandez and Reynolds 2000, pp. impacts from these stressors to the beardless chinchweed by maintaining 94–95; Geiger and McPherson 2005, p. beardless chinchweed would be open microhabitats and reducing 896; Schussman et al. 2006, p. 589; exacerbated (Anable 1990, p. 49; competition. Fires are now more Archer and Predick 2008, p. 26; Mathias Robinett 1992, p. 101; Fernandez and frequent and intense due to the et al. 2013, entire). Low precipitation Reynolds 2000, pp. 94–95; Geiger and unnaturally dense and evenly spaced and drought will also impact moisture McPherson 2005, p. 896; Schussman et canopies of nonnative-dominated availability for beardless chinchweed al. 2006, p. 589; Archer and Predick communities (as compared to more germination, growth, and flowering. To 2008, p. 26; Mathias et al. 2013, entire). open and heterogeneous native- analyze the effects of a changing climate Projections of precipitation changes dominated grasslands), coupled with on beardless chinchweed, we relied on are less certain than those for more frequent fire starts from the Intergovernmental Panel on Climate temperature (Garfin et al. 2014, p. 465). recreationists and cross-border violators Change’s (IPCC) Fifth Assessment (IPCC Downscaled models project average (Anable et al. 1992, p. 186; D’Antonio 2014, entire) and IPCC Climate Change precipitation will decrease in the and Vitousek 1992, p. 75; Dennet et al. 2013—The Physical Science Basis (IPCC southern Southwest where beardless 2000, pp. 22–23; Williams and Baruch 2013, entire). Four emission scenarios, chinchweed occurs, with seasonal 2000, p. 128; Crimmins and Comrie referred to as Representative changes in precipitation predicted. 2004, p. 464; Emerson 2010, pp. 15, 17; Concentration Pathways (RCPs) were Projections of change in the mean United States Government developed for the latest IPCC report annual precipitation from 2021 to 2099 Accountability Office 2011, p. 1; (IPCC 2014, p. 57). We evaluated the range from a decrease of 20 percent to Wildland Fire Lessons Learned Center effects of climate change on the an increase of 8 percent (RCP 8.5 (major 2011, entire). Nonnative grasses have beardless chinchweed using RCP 4.5 higher seed output and large seed banks, and RCP 8.5 to bracket the range of effects scenario in the SSA)) and a earlier green-up in the spring, and environmental variability. The IPCC decrease of 10 percent to an increase of greater biomass production than native report (2014) expresses confidence that 10 percent (RCP 4.5 (moderate effects grasses; all of these characteristics help emissions will fall within the RCP 4.5 scenario in the SSA)), with most models to perpetuate a grass-fire cycle and 8.5 range. predicted a decline. (Garfin et al. 2013, (D’Antonio and Vitousek 1992, p. 73; Altered precipitation timing and form p. 113). Under emissions scenarios of Zouhar et al. 2008, pp. 17, 21; Steidl et (snow versus rain), as well as reduced RCP 4.5 and 8.5, reduced winter and al. 2013, p. 529). winter and spring precipitation and spring precipitation is consistently In many locations in southern prolonged drought, are currently projected for the southern part of the Arizona in recent decades, repeat fires occurring and projected to increase or Southwest by 2100, as part of the have occurred within short periods of be altered from normal in the Southwest general global precipitation reduction in time, aided by the dominance of (Garfin et al. 2014, entire). Recently, subtropical areas (Garfin et al. 2014, p. nonnative grasses in the landscape. For there has been a decrease in the amount 465). Late winter-spring mountain example, in the Pajarito and Atascosa of snowpack, earlier snowmelt, and snowpack in the Southwest is predicted Mountains area, multiple fires burned increased drought severity in the to continue to decline over the 21st the landscape between 2008 and 2016 Southwest (Garfin et al. 2013, entire; century under RCP 4.5 and RCP 8.5 (figure 4.4 in Service 2020). This Garfin 2013b, p. 465). Further, more scenarios because of increased landscape is now dominated by both wintertime precipitation is falling as temperature (Garfin et al. 2013, pp. 118– nonnative Lehmann’s lovegrass and rose rain rather than snow in the western 119). Reduced rain and snow, earlier natal (Service 2014b, entire; Heitholt United States (IPCC 2013, p. 204; Garfin snowmelt, and drying tendencies cause 2017b, pers. comm.), and many 2013, p. 465). This means that the a reduction in late-spring and summer historically documented locations that amount of runoff in the spring when runoff. Together, these effects, along supported beardless chinchweed have snow melts is reduced, as is soil with increases in evaporation, result in not been found again (Service 2014b, moisture. Precipitation is bimodal lower soil moisture by early summer entire; Fernandez 2017, pers. comm.; within the mountain ranges where the (Garfin 2013, p. 117).

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Grazing above are exacerbated in small contain nonnatives. Consequently, fire There are two different perspectives populations and have the potential to will aid in the spread of nonnatives, is on the influence of grazing on the seriously damage or completely remove currently a risk to all populations of the beardless chinchweed: these small populations. Synergistic beardless chinchweed, and will be (1) Wildfire historically maintained interactions among wildfire, nonnative further exacerbated by nonnative grasses native open habitat where the beardless grasses, decreased precipitation, and in the near future (approximately 10 chinchweed occurred, but with fire increased temperatures cumulatively years). Altered precipitation, increased suppression, overgrazing may have and cyclically impact the beardless temperatures, increased alternatively provided native open chinchweed, and all stressors are evapotranspiration, decreased soil exacerbated in small populations. habitats for this species to expand its moisture, and decreased winter and range in the early 1900s, even without Current Condition of Beardless spring precipitation are current and frequent fire (Schmalzel 2015, pers. Chinchweed ongoing environmental conditions impacting all populations of the comm.), due to open space being created Since 1962, we are aware of nine and maintained by cattle; or beardless chinchweed and exacerbating extirpated populations and one an altered fire regime. (2) Grazing pressure may have extirpated subpopulation of the Road maintenance is likely resulting contributed to the species’ rareness (Keil beardless chinchweed in the United in the loss of individuals in three 1982, entire) due to reduced States. Currently, six extant beardless populations (Ruby Road, Scotia Canyon, reproduction and alteration in habitat. chinchweed populations occur across Regardless, grazing that occurs in four mountain ranges in southern and Coronado National Memorial). In small populations (fewer than 50 Arizona: The Atascosa-Pajarito, addition, all individuals in these three individuals) of beardless chinchweed Huachuca, and Santa Rita Mountains populations are currently being would have a negative population-level and the Canelo Hills. These six impacted by dust from the road. The impact through the reduction of flowers populations consist of 992 individuals Ruby Road and Scotia Canyon and seeds, and possibly individuals. spread across less than 2 hectares (ha) populations exhibit low resiliency, and Beardless chinchweed does not flower (5 acres (ac)). Additionally, six the Coronado National Memorial until it reaches a height of more than 0.5 populations have been reported from population exhibits moderate resiliency. m (1.6 ft) tall, indicating that grazing in northern Mexico, but this information is Two additional populations (McCleary summer or fall when the plant is from 1940 or earlier. In addition, we are Canyon-Gunsight Pass and McCleary growing and flowering could reduce aware of preliminary results of the fall Canyon-Wasp Canyon) will be impacted seed production and recruitment. 2020 survey efforts of the Coronado by Rosemont mining operations and Approximately 75 percent of National Forest and the NPS including dust in the near future (approximately individuals studied in a population at the discovery of as many as 225 10 years; Westland 2010, p. iv). One of Coronado National Memorial showed additional individuals near and within these populations currently exhibits low signs of deer browse (Souther 2019, known populations in the Coronado resiliency, and the other exhibits pers. comm.). The effect on plant National Memorial and Coronado moderate resiliency. Rangewide reproduction was variable, with National Forest. Prior to the discovery, (including Mexico), 11 of the 12 browsing appearing at times to stimulate the Coronado National Memorial populations (83 percent) are small floral production (early season) and at population was the largest known with (fewer than 50 individuals). Synergistic other times appearing to inhibit it 846 beardless chinchweed individuals. interactions among wildfire, nonnative (immediately prior to seed set). The increased abundance and potential grasses, decreased precipitation, and increased temperatures cumulatively Small Populations increased distribution improves the resiliency of the Coronado National and cyclically impact the beardless Small population size affects Memorial population, but does not chinchweed, and all stressors are beardless chinchweed population change the overall determination for the exacerbated in small populations. Of the resiliency, as all stressors are species. We will continue to incorporate six extant populations in the United exacerbated in populations with only a the best scientific information from States, two exhibit moderate resiliency small number of individuals (fewer than these and future survey efforts in and four exhibit low resiliency (see 50). Small populations are less able to revisions of the SSA and Service table 1, below). A population with recover from losses caused by random decisions. moderate resilience is one in which environmental changes (Shaffer and abundance ranges from 100–300 Stein 2000, pp. 308–310), such as Population Resiliency of Beardless individuals the population contains 2 fluctuations in reproduction Chinchweed subpopulations, and spatial distribution (demographic stochasticity), variations To determine current condition, we is limited with few groupings; seed in rainfall (environmental stochasticity), assessed each population in terms of its production is moderate; recruitment and or changes in the frequency or severity resiliency. Our analysis of the past, mortality are equal such that the of disturbances, such as wildfires. Five current, and future stressors on the population does not grow; the ability to of the six extant beardless chinchweed resources that the beardless chinchweed withstand stochastic events or recover populations in the United States contain needs for long-term viability revealed from stochastic events is limited due to fewer than 50 individuals. We expect that there are a number of stressors low abundance and recruitment and to that the six populations in Mexico are influencing this species. All beardless a reduced seed bank; and there is some of similar size but may be in worse chinchweed populations likely contain suitable habitat. A population with low condition, because of limited native nonnative grasses with a competitive resilience is one in which abundance is habitat management, similar climate advantage over native grasses during less than 100 individuals, the change impacts, equally frequent periods of drought. Further, altered fire population contains a single wildfires, and likely more impacts from regime has the potential to affect all subpopulation, and spatial distribution grazing. Losses due to mining, erosion, populations. This altered fire regime is limited; seed production is low; road and trail maintenance, trampling, enhances the spread of nonnatives, and mortality exceeds recruitment such that grazing, or other stressors mentioned all populations of beardless chinchweed the population is declining; the ability

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to withstand stochastic events or and there is limited suitable habitat. The (Service 2020, Table 5.10) and the recover from stochastic events is categories of conditions used to proposed listing rule (84 FR 67060, unlikely due to low abundance and determine population resiliency are December 6, 2019, p. 84 FR 67065). recruitment and to a limited seed bank; further described in the SSA report

TABLE 1—BEARDLESS CHINCHWEED CURRENT POPULATION CONDITION

Number of in- Current condi- Mountain range/country Population Subpopulation dividuals tion

Atascosa-Pajarito Mountains, USA Pena Blanca Lake ...... 0 Extirpated. Ruby Road ...... 10 ...... Low. Summit Motorway ...... 0 Extirpated. Canelo Hills, USA ...... Audubon Research Ranch ...... Post Canyon ...... 0 Low. Tributary of O’Donnell Canyon ...... 37 Copper Mountain ...... 0 Extirpated. Harshaw Creek ...... 0 Extirpated. Lampshire Well ...... 0 Extirpated. Huachuca Mountains, USA ...... Scotia Canyon ...... 40 Low. Coronado National Memorial ...... Visitor Center ...... 785 Moderate. State of Texas Mine ...... 61 Joe’s Canyon Trail ...... 0 Extirpated. Patagonia Mountains, USA ...... Flux Canyon ...... 0 Extirpated. Washington Camp ...... 0 Extirpated. Santa Rita Mountains, USA ...... Box Canyon ...... 0 Extirpated. McCleary Canyon-Gunsight Pass ...... 32 Moderate. McCleary Canyon-Wasp Canyon ...... 32 Low. Chihuahua, Mexico ...... Batopililas, Rio Mayo ...... ∼10 Low. Guasaremos, Rio Mayo ...... ∼10 Low. Sonora, Mexico ...... Canon de la Petaquilla ...... ∼10 Low. North of Horconcitos ...... ∼10 Low. Canyon Estrella, Sierra de los ...... ∼10 Low. Cendros; southeast of Tesopaco. Los Conejos, Rio Mayo ...... ∼10 Low.

Beardless Chinchweed Representation extirpated in recent decades. This loss separation makes natural gene exchange No genetic studies have been of lower elevation populations may or re-establishment following conducted within or among the 21 mean the loss of some local adaptation extirpation very unlikely. In addition, historical populations of the beardless to warmer or drier environments and six historical populations of the chinchweed in southern Arizona and genetic differentiation among beardless chinchweed are distributed Mexico. Mountain ranges that have only populations. across two general areas in northern one or two populations, or have only In the Ruby Road, Scotia Canyon, and Chihuahua and Sonora, Mexico. Their have one subpopulation per population, Coronado National Memorial status is unknown, but we expect they or low numbers of individuals per populations, and the Tributary of are small populations with poor habitat population with several miles between O’Donnell subpopulations, plants have based on populations in the United mountain ranges, may not be as been reported over many decades, States, which are small and dominated genetically diverse because pollination indicating that these populations may by nonnative species. Although this or transport of seeds between have the genetic and environmental may imply some level of redundancy populations may be very limited or diversity needed to adapt to changing across the range of the beardless nonexistent. Five of the six extant U.S. conditions. However, both the Ruby chinchweed, five of the six extant populations do not have multiple Road and Scotia Canyon populations populations in the United States contain subpopulations. The Coronado National have been reduced in size in the past 30 fewer than 50 individual plants. Memorial population has two years, and we have no previous count Further, nine populations and one subpopulations. The six extant U.S. data at Coronado National Memorial for subpopulation have been extirpated in populations are separated comparison. recent decades, largely from the lower elevations of the species’ range, and geographically into four ranges Beardless Chinchweed Redundancy separated by 16 to 61 km (9.9 to 37.9 several populations have been reduced mi). There is likely genetic diversity The beardless chinchweed in size in recent decades. among mountain ranges, but reduced populations in the United States and We note that, by using the SSA genetic diversity within populations. Mexico are naturally fragmented framework to guide our analysis of the Further, overall genetic diversity is between mountain ranges. Currently, six scientific information documented in likely reduced given that some extant U.S. populations of the beardless the SSA report, we have not only populations are extirpated. chinchweed are spread across the analyzed individual effects on the Extant U.S. populations of the Atascosa-Pajarito, Huachuca, and Santa species, but we have also analyzed their beardless chinchweed range in elevation Rita Mountains and the Canelo Hills. potential cumulative effects. We from 1,158 m (3,799 ft) to 1,737 m The Atascosa-Pajarito Mountains and incorporate the cumulative effects into (5,699 ft). Of the 15 historical U.S. the Canelo Hills have only one extant our SSA analysis when we characterize populations, 8 (approximately 53 population each, while the Santa Rita the current and future condition of the percent) fall below 1,457 m (1,500 ft) and Huachuca Mountains have two species. Our assessment of the current elevation. Of these eight, six have been extant populations each. Range and future conditions encompasses and

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incorporates the threats individually All beardless chinchweed populations subpopulations). Mountain ranges that and cumulatively. Our current and likely contain nonnative grasses, have only one or two populations, have future condition assessment is iterative resulting in habitat loss (Factor A). only one subpopulation per population, because it accumulates and evaluates Further, an altered fire regime (Factors or have low numbers of individuals per the effects of all the factors that may be A and E) impacts all populations population with several miles between influencing the species, including currently or in the near future and mountain ranges, may not be genetically threats and conservation efforts. drives the spread of nonnatives (Factor diverse because pollination or transport Because the SSA framework considers A), exacerbating the encroachment of of seeds between populations may be not just the presence of the factors, but nonnative grasses. Consequently, all very limited. This could mean that to what degree they collectively remaining populations of the beardless between-population genetic diversity influence risk to the entire species, our chinchweed are impacted by nonnative may be greater than within-population assessment integrates the cumulative grasses now or will be in the near diversity (Smith and Wayne 1996, p. effects of the factors and replaces a future. Altered precipitation (Factors A 333; Lindenmayer and Peakall 2000, p. standalone cumulative effects analysis. and E), increased temperatures (Factors 200). Further, there may have been a A and E), and decreased annual loss of genetic diversity in the nine Determination of Beardless precipitation (Factors A and E) are extirpated populations. Chinchweed’s Status current and ongoing regional Beardless chinchweed populations in Section 4 of the Act (16 U.S.C. 1533) environmental conditions that are the United States range in elevation and its implementing regulations (50 impacting all populations of the from 1,158 m (3,799 ft) to 1,737 m CFR part 424) set forth the procedures beardless chinchweed. These (5,699 ft) in elevation. Of the 15 for determining whether a species meets environmental conditions exacerbate an historical U.S. populations, 8 the definition of an endangered species altered fire regime, driving the spread of (approximately 53 percent) fall below or a threatened species. The Act defines nonnative grasses with competitive 1,457 m (4,780 ft) elevation. Of these ‘‘endangered species’’ as a species in advantages over native grasses during eight, six have been extirpated in recent danger of extinction throughout all or a periods of drought. Road and trail decades. The loss of lower elevation significant portion of its range, and maintenance (Factors A and E) could populations may mean a loss of local ‘‘threatened species’’ as a species likely damage or remove individuals in three adaptation to warmer or drier to become an endangered species within populations with low resiliency (Ruby environments and genetic the foreseeable future throughout all or Road, Scotia Canyon, and Coronado differentiation among populations a significant portion of its range. The National Memorial). In addition, all (Factor E). The beardless chinchweed needs to Act requires that we determine whether individuals in these three populations have multiple resilient populations a species meets the definition of may be impacted by dust (Factor E) from distributed throughout its range to ‘‘endangered species’’ or ‘‘threatened the road. Two additional populations provide for redundancy. These multiple species’’ because of any of the following (McCleary Canyon-Gunsight Pass and resilient populations should be spread factors: (A) The present or threatened McCleary Canyon-Wasp Canyon) will be over the range and distributed in such impacted by roads (Factor A) related to destruction, modification, or a way that a catastrophic event will not mining operations in the near future curtailment of its habitat or range; (B) result in the loss of all populations. (Westland 2010, p. iv). All individuals overutilization for commercial, With the known extant populations of these two populations will also be recreational, scientific, or educational separated by as much as 35 km (21.8 mi) impacted by dust (Factor E). One of purposes; (C) disease or predation; (D) in southern Arizona and even farther in the inadequacy of existing regulatory these populations is already of low northern Mexico, there is little mechanisms; or (E) other natural or resiliency and the other is of moderate connection potential between disjunct manmade factors affecting its continued resiliency. Eleven of 12 populations (92 populations. Therefore, a localized existence. percent) are small (fewer than 50 stressor such as grazing during individuals). Synergistic interactions Status Throughout All of Its Range flowering would impact only those among wildfire, nonnative grasses, groups of plants near the activity. Historically, beardless chinchweed decreased precipitation, and increased However, nonnative plant invasion, was known from 21 populations. Nine temperatures cumulatively and climatic changes, and repeated large- populations have been extirpated, cyclically impact the beardless scale, moderate- and high-severity fires leaving 12 extant populations (six in the chinchweed, and all stressors are occur across the region and could United States and six in Mexico). The exacerbated in small populations impact all populations now or in the six populations in the United States (Factor E). No conservation efforts have near future. The distance among consist of approximately 992 been implemented for this species. populations reduces connectivity, individuals spread across less than 2 ha We find beardless chinchweed to making it unlikely that another (5 ac). Six populations have been have poor representation in the form of population naturally recolonizes a site reported from northern Mexico, but this potential genetic diversity (Factor E). after extirpation (Factor E). information is from 1940 or earlier. All but one population has fewer than After evaluating threats to the species The proliferation of invasive, 50 individuals. Small populations are and assessing the cumulative effect of nonnative grasses throughout most of susceptible to the loss of genetic the threats under the Act’s section the beardless chinchweed’s range has diversity, genetic drift, and inbreeding. 4(a)(1) factors, we find that the beardless greatly affected this species through There are currently six populations chinchweed is presently in danger of increased competition and altered fire spread across four mountain ranges in extinction throughout its entire range regimes. Many of the historical locations the United States and six populations in based on the severity and immediacy of no longer support the beardless northern Mexico that are presumed stressors currently impacting the chinchweed due to this alteration of extant. Five of the six extant U.S. species. The overall range has been habitat (NPS 2014, pp. 3–4; Service populations do not have multiple significantly reduced (nine populations 2014a, pp. 1–2; Service 2014c, entire; subpopulations (the Coronado National extirpated), and the remaining habitat Service 2014c, pp. 1–2). Memorial population has two and populations face a variety of factors

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acting in combination to reduce the public awareness, and conservation by Implementation of recovery actions overall viability of the species. The risk Federal, State, Tribal, and local generally requires the participation of a of extinction is high because the agencies; private organizations; and broad range of partners, including other remaining populations are small, are individuals. The Act encourages Federal agencies, States, Tribes, isolated, and have limited potential for cooperation with the States and other nongovernmental organizations, natural recolonization. We find that a countries and calls for recovery actions businesses, and private landowners. threatened species status is not to be carried out for listed species. The Examples of recovery actions include appropriate for the beardless protection required by Federal agencies habitat restoration of native vegetation, chinchweed because of the species’ and the prohibitions against certain research, captive propagation and current precarious condition due to its activities are discussed, in part, below. reintroduction, and outreach and contracted range, because the stressors The primary purpose of the Act is the education. The recovery of many listed are severe and occurring rangewide, and conservation of endangered and species cannot be accomplished solely because the stressors are ongoing and threatened species and the ecosystems on Federal lands because their range expected to continue into the future. upon which they depend. The ultimate may occur primarily or solely on non- Thus, after assessing the best available goal of such conservation efforts is the Federal lands. To achieve recovery of information, we determine that the recovery of these listed species, so that these species requires cooperative beardless chinchweed is in danger of they no longer need the protective conservation efforts on private, State, extinction throughout all of its range. measures of the Act. Section 4(f) of the and Tribal lands. Act calls for the Service to develop and Following publication of this final Status Throughout a Significant Portion rule, funding for recovery actions will of Its Range implement recovery plans for the conservation of endangered and be available from a variety of sources, Under the Act and our implementing threatened species. The recovery including Federal budgets, State regulations, a species may warrant planning process involves the programs, and cost share grants for non- listing if it is in danger of extinction or identification of actions that are Federal landowners, the academic likely to become so in the foreseeable necessary to halt or reverse the species’ community, and nongovernmental future throughout all or a significant decline by addressing the stressors to its organizations. In addition, pursuant to portion of its range. Because we have survival and recovery. The goal of this section 6 of the Act, the State of Arizona determined that beardless chinchweed process is to restore listed species to a will be eligible for Federal funds to is in danger of extinction throughout all point where they are secure, self- implement management actions that of its range, we did not undertake an promote the protection or recovery of sustaining, and functioning components analysis of any significant portions of its the beardless chinchweed. Information of their ecosystems. range. Because the beardless on our grant programs that are available chinchweed warrants listing as Recovery planning consists of to aid species recovery can be found at endangered throughout all of its range, preparing draft and final recovery plans, http://www.fws.gov/grants. our determination is consistent with the beginning with the development of a Section 8(a) of the Act (16 U.S.C. decision in Center for Biological recovery outline and making it available 1537(a)) authorizes the provision of Diversity v. Everson, 2020 WL 437289 to the public within 30 days of a final limited financial assistance for the (D.D.C. Jan. 28, 2020), in which the listing determination. The recovery development and management of court vacated the aspect of our Final outline guides the immediate programs that the Secretary of the Policy on Interpretation of the Phrase implementation of urgent recovery Interior determines to be necessary or ‘‘Significant Portion of Its Range’’ in the actions and describes the process to be useful for the conservation of Endangered Species Act’s Definitions of used to develop a recovery plan. endangered or threatened species in ‘‘Endangered Species’’ and ‘‘Threatened Revisions of the plan may be done to foreign countries. Sections 8(b) and 8(c) Species’’ (79 FR 37578; July 1, 2014) address continuing or new stressors to of the Act (16 U.S.C. 1537(b) and (c)) that provided the Service and National the species, as new substantive authorize the Secretary to encourage Marine Fisheries Service do not information becomes available. The conservation programs for foreign listed undertake an analysis of significant recovery plan also identifies recovery species, and to provide assistance for portions of a species’ range if the criteria for review of when a species such programs, in the form of personnel species warrants listing as threatened may be ready for downlisting and the training of personnel. throughout all of its range. (reclassification from endangered to Please let us know if you are threatened) or delisting (removal from interested in participating in recovery Determination of Status listed status), and methods for efforts for the beardless chinchweed. Our review of the best available monitoring recovery progress. Recovery Additionally, we invite you to submit scientific and commercial information plans also establish a framework for any new information on this species indicates that the beardless chinchweed agencies to coordinate their recovery whenever it becomes available and any meets the definition of an endangered efforts and provide estimates of the cost information you may have for recovery species. Therefore, we are listing the of implementing recovery tasks. planning purposes (see FOR FURTHER beardless chinchweed as an endangered Recovery teams (composed of species INFORMATION CONTACT). species in accordance with sections 3(6) experts, Federal and State agencies, Section 7(a) of the Act requires and 4(a)(1) of the Act. nongovernmental organizations, and Federal agencies to evaluate their stakeholders) are often established to actions with respect to any species that Available Conservation Measures develop recovery plans. When is listed as an endangered or threatened Conservation measures provided to completed, the recovery outline, draft species and with respect to its critical species listed as endangered or recovery plan, and the final recovery habitat, if any is designated. Regulations threatened species under the Act plan will be available on our website implementing this interagency include recognition, recovery actions, (http://www.fws.gov/endangered), or cooperation provision of the Act are requirements for Federal protection, and from our Arizona Ecological Services codified at 50 CFR part 402. Section prohibitions against certain practices. Field Office (see FOR FURTHER 7(a)(2) of the Act requires Federal Recognition through listing results in INFORMATION CONTACT). agencies to ensure that activities they

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authorize, fund, or carry out are not ongoing activities within the range of a Secretary (i.e., range). Such areas may likely to jeopardize the continued listed species. Based on the best include those areas used throughout all existence of any endangered or available information, the following or part of the species’ life cycle, even if threatened species or destroy or actions are unlikely to result in a not used on a regular basis (e.g., adversely modify its critical habitat. If a violation of section 9, if these activities migratory corridors, seasonal habitats, Federal action may affect a listed are carried out in accordance with and habitats used periodically, but not species, the responsible Federal agency existing regulations and permit solely by vagrant individuals). must enter into consultation with the requirements; this list is not Conservation, as defined under Service. comprehensive: section 3 of the Act, means to use and Federal agency actions within the (1) Normal nonnative, invasive the use of all methods and procedures species’ habitat that may require species control practices, such as that are necessary to bring an conference or consultation or both as herbicide use, that are carried out in endangered or threatened species to the described in the preceding paragraph accordance with any existing point at which the measures provided include management and any other regulations, permit and label pursuant to the Act are no longer landscape-altering activities on Federal requirements, and best management necessary. Such methods and lands administered by the USFS practices; procedures include, but are not limited (Coronado National Forest), Bureau of (2) Annual monitoring efforts; and to, all activities associated with Land Management, U.S. Customs and (3) Additional surveys to understand scientific resources management such as Border Protection, and NPS (Coronado the extent of occupied habitat. Based on research, census, law enforcement, National Memorial). the best available information, the habitat acquisition and maintenance, The Act and its implementing following actions may potentially result propagation, live trapping, and regulations set forth a series of general in a violation of section 9 of the Act if transplantation, and, in the prohibitions and exceptions that apply they are not authorized in accordance extraordinary case where population to endangered plants. The prohibitions with applicable law; this list is not pressures within a given ecosystem of section 9(a)(2) of the Act, codified at comprehensive: cannot be otherwise relieved, may 50 CFR 17.61, make it illegal for any (1) Unauthorized damage or collection include regulated taking. person subject to the jurisdiction of the of beardless chinchweed from lands Critical habitat receives protection United States to: Import or export; under Federal jurisdiction; under section 7 of the Act through the remove and reduce to possession from (2) Malicious destruction or requirement that Federal agencies areas under Federal jurisdiction; degradation of the species or associated ensure, in consultation with the Service, maliciously damage or destroy on any habitat on lands under Federal that any action they authorize, fund, or such area; remove, cut, dig up, or jurisdiction, including the intentional carry out is not likely to result in the damage or destroy on any other area in introduction of nonnative organisms destruction or adverse modification of knowing violation of any law or that compete with or consume beardless critical habitat. The designation of regulation of any State or in the course chinchweed. critical habitat does not affect land of any violation of a State criminal Questions regarding whether specific ownership or establish a refuge, trespass law; deliver, receive, carry, activities would constitute a violation of wilderness, reserve, preserve, or other transport, or ship in interstate or foreign section 9 of the Act should be directed conservation area. Such designation commerce, by any means whatsoever to the Arizona Ecological Services Field does not allow the government or public to access private lands. Such and in the course of a commercial Office (see FOR FURTHER INFORMATION activity; or sell or offer for sale in designation does not require CONTACT). interstate or foreign commerce an implementation of restoration, recovery, endangered plant. Certain exceptions II. Critical Habitat or enhancement measures by non- apply to employees of the Service, the Federal landowners. Where a landowner Background National Marine Fisheries Service, other requests Federal agency funding or Federal land management agencies, and Critical habitat is defined in section 3 authorization for an action that may State conservation agencies. of the Act as: affect a listed species or critical habitat, We may issue permits to carry out (1) The specific areas within the the Federal agency would be required to otherwise prohibited activities geographical area occupied by the consult with the Service under section involving endangered plants under species, at the time it is listed in 7(a)(2) of the Act. However, even if the certain circumstances. Regulations accordance with the Act, on which are Service were to conclude that the governing permits are codified at 50 found those physical or biological proposed activity would result in CFR 17.62. With regard to endangered features destruction or adverse modification of plants, a permit may be issued for (a) Essential to the conservation of the the critical habitat, the Federal action scientific purposes or for enhancing the species, and agency and the landowner are not propagation or survival of the species. (b) Which may require special required to abandon the proposed There are also certain statutory management considerations or activity, or to restore or recover the exemptions from the prohibitions, protection; and species; instead, they must implement which are found in sections 9 and 10 of (2) Specific areas outside the ‘‘reasonable and prudent alternatives’’ the Act. geographical area occupied by the to avoid destruction or adverse It is our policy, as published in the species at the time it is listed, upon a modification of critical habitat. Federal Register on July 1, 1994 (59 FR determination that such areas are Under the first prong of the Act’s 34272), to identify to the maximum essential for the conservation of the definition of critical habitat, areas extent practicable at the time a species species. within the geographical area occupied is listed, those activities that would or Our regulations at 50 CFR 424.02 by the species at the time it was listed would not constitute a violation of define the geographical area occupied are included in a critical habitat section 9 of the Act. The intent of this by the species as an area that may designation if they contain physical or policy is to increase public awareness of generally be delineated around species’ biological features (1) which are the effect of a listing on proposed and occurrences, as determined by the essential to the conservation of the

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species and (2) which may require available. They require our biologists, to Physical or Biological Features special management considerations or the extent consistent with the Act and protection. For these areas, critical with the use of the best scientific data In accordance with section 3(5)(A)(i) habitat designations identify, to the available, to use primary and original of the Act and regulations at 50 CFR extent known using the best scientific sources of information as the basis for 424.12(b), in determining which areas and commercial data available, those recommendations to designate critical we will designate as critical habitat from physical or biological features that are habitat. within the geographical area occupied by the species at the time of listing, we essential to the conservation of the When we are determining which areas species (such as space, food, cover, and consider the physical or biological should be designated as critical habitat, protected habitat). In identifying those features that are essential to the our primary source of information is physical or biological features that occur conservation of the species and which generally the information from the SSA in specific occupied areas, we focus on may require special management report and information developed the specific features that are essential to considerations or protection. The support the life-history needs of the during the listing process for the regulations at 50 CFR 424.02 define species, including, but not limited to, species. Additional information sources ‘‘physical or biological features essential water characteristics, soil type, may include any generalized to the conservation of the species’’ as geological features, prey, vegetation, conservation strategy, criteria, or outline the features that occur in specific areas symbiotic species, or other features. A that may have been developed for the and that are essential to support the life- feature may be a single habitat species; the recovery plan for the history needs of the species, including, characteristic, or a more complex species; articles in peer-reviewed but not limited to, water characteristics, combination of habitat characteristics. journals; conservation plans developed soil type, geological features, sites, prey, Features may include habitat by States and counties; scientific status vegetation, symbiotic species, or other characteristics that support ephemeral surveys and studies; biological features. A feature may be a single or dynamic habitat conditions. Features assessments; other unpublished habitat characteristic or a more complex may also be expressed in terms relating materials; or experts’ opinions or combination of habitat characteristics. to principles of conservation biology, personal knowledge. Features may include habitat such as patch size, distribution Habitat is dynamic, and species may characteristics that support ephemeral distances, and connectivity. move from one area to another over or dynamic habitat conditions. Features Under the second prong of the Act’s time. We recognize that critical habitat may also be expressed in terms relating definition of critical habitat, we can designated at a particular point in time to principles of conservation biology, designate critical habitat in areas may not include all of the habitat areas such as patch size, distribution outside the geographical area occupied that we may later determine are distances, and connectivity. For by the species at the time it is listed, necessary for the recovery of the example, physical features essential to upon a determination that such areas species. For these reasons, a critical the conservation of the species might are essential for the conservation of the habitat designation does not signal that include gravel of a particular size species. When designating critical habitat outside the designated area is required for spawning, alkaline soil for habitat, the Secretary will first evaluate unimportant or may not be needed for seed germination, protective cover for areas occupied by the species. The recovery of the species. Areas that are migration, or susceptibility to flooding Secretary will only consider unoccupied important to the conservation of the or fire that maintains necessary early- areas to be essential where a critical species, both inside and outside the successional habitat characteristics. habitat designation limited to critical habitat designation, will Biological features might include prey geographical areas occupied by the continue to be subject to: (1) species, forage grasses, specific kinds or species would be inadequate to ensure Conservation actions implemented ages of trees for roosting or nesting, the conservation of the species. In under section 7(a)(1) of the Act; (2) symbiotic fungi, or a particular level of addition, for an unoccupied area to be regulatory protections afforded by the nonnative species consistent with considered essential, the Secretary must conservation needs of the listed species. determine that there is a reasonable requirement in section 7(a)(2) of the Act for Federal agencies to ensure their The features may also be combinations certainty both that the area will of habitat characteristics and may contribute to the conservation of the actions are not likely to jeopardize the continued existence of any endangered encompass the relationship between species and that the area contains one characteristics or the necessary amount or more of those physical or biological or threatened species; and (3) the prohibitions found in section 9 of the of a characteristic essential to support features essential to the conservation of the life history of the species. the species. Act. Federally funded or permitted Section 4 of the Act requires that we projects affecting listed species outside In considering whether features are designate critical habitat on the basis of their designated critical habitat areas essential to the conservation of the the best scientific data available. may still result in jeopardy findings in species, the Service may consider an Further, our Policy on Information some cases. These protections and appropriate quality, quantity, and Standards under the Endangered conservation tools will continue to spatial and temporal arrangement of Species Act (published in the Federal contribute to recovery of this species. habitat characteristics in the context of Register on July 1, 1994 (59 FR 34271)), Similarly, critical habitat designations the life-history needs, condition, and the Information Quality Act (section 515 made on the basis of the best available status of the species. These of the Treasury and General information at the time of designation characteristics include, but are not Government Appropriations Act for will not control the direction and limited to, space for individual and Fiscal Year 2001 (Pub. L. 106–554; H.R. substance of future recovery plans, population growth and for normal 5658)), and our associated Information habitat conservation plans, or other behavior; food, water, air, light, Quality Guidelines, provide criteria, species conservation planning efforts if minerals, or other nutritional or establish procedures, and provide new information available at the time of physiological requirements; cover or guidance to ensure that our decisions these planning efforts calls for a shelter; sites for breeding, reproduction, are based on the best scientific data different outcome. or rearing (or development) of offspring;

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and habitats that are protected from across four mountain ranges. Space, in conservation of the beardless disturbance. the form of habitat described above, is chinchweed from studies of this species’ The beardless chinchweed needs needed for an increase in the number of habitat, ecology, and life history, as multiple populations distributed across populations and the number of described below. We have determined its range that are large enough to individuals per population. that the following physical or biological withstand stochastic events, and Space for individual and population features of the areas in Cochise, Pima, connectivity to reestablish extirpated growth is needed for the beardless and Santa Cruz Counties, Arizona, are populations. Species that are widely chinchweed, including sites for essential to the conservation of distributed are less susceptible to germination, pollination, reproduction, beardless chinchweed: extinction and more likely to be viable pollen and seed dispersal, and seed (1) Native-dominated plant than species confined to small ranges banks in the form of open, native- communities, consisting of: (Carroll et al. 2010, entire). Historically, dominated plains, great basin, and semi- (a) Plains, great basin, and semi-desert there were 21 populations across seven desert grasslands, oak savannas, and grasslands, oak savanna, or Madrean mountain ranges. Nine populations (and Madrean evergreen or oak woodlands at evergreen woodland; one subpopulation) have been 1,158 to 1,737 m (3,799 to 5,699 ft) in (b) Communities dominated by extirpated in the United States, and all elevation (SEINet, entire) representing bunchgrasses with open spacing populations are extirpated from the the ecosystems where beardless (adjacent to and within 10 m (33 ft) of Patagonia Mountains in the United chinchweed occurs. In addition, plants individual beardless chinchweed) and States. This leaves six populations need space on steep, south-facing, with little competition from other across four mountain ranges covering an sunny to partially shaded hillslopes, plants; and occupied area of about 2 ha (5 ac) in the with eroding bedrock and open areas (c) Communities with plants for United States and six small populations with little competition from other pollinator foraging and nesting within 1 in Mexico. Further, two mountain plants. Native-dominated habitats have km (0.62 mi) of beardless chinchweed ranges only have one population each diverse assemblages of vegetation, each populations. with fewer than 50 individuals. In with different-shaped and -sized canopy (2) Between elevation of 1,158 to addition, one mountain range has only and root system, which creates 1,737 m (3,799 to 5,699 ft) elevation. two populations, both with fewer than heterogeneity of form, height, and (3) Eroding limestone or granite 50 individuals each. The current patchiness and provides openness. The bedrock substrate. distribution of this species does not diverse vegetation is dominated by (4) Steep, south-facing, sunny to represent its historical geographical bunchgrasses with open spacing partially shaded hillslopes. distribution. Additional populations are (adjacent to and within 10 m (33 ft) of (5) The presence of pollinators (i.e., needed to increase the redundancy of beardless chinchweed plants), providing flies, bees, and butterflies). the species to secure the species from beardless chinchweed with the Special Management Considerations or catastrophic events like wildfire and necessary open habitat with little Protection nonnative grass encroachment. competition. The beardless chinchweed Increased representation in the form of is presumed to be a poor competitor due When designating critical habitat, we ecological environments are needed to to its preference for this open habitat assess whether the specific areas within secure the species against and the inability to find the species the geographical area occupied by the environmental changes like increased under dense vegetation conditions. species at the time of listing contain temperatures, increased drought, and Pollination is necessary for effective features which are essential to the increased evapotranspiration. fertilization, out-crossing, and seed conservation of the species and which Specifically, populations at higher production in beardless chinchweed. may require special management altitudes are likely needed to secure the Bees, flies, and butterflies most likely considerations or protection. The species’ viability. pollinate beardless chinchweed, like features essential to the conservation of All populations need protection from other yellow-flowered composites. this species may require special wildfires of high severity and of greater Many bees and butterflies can travel a management considerations or frequency than was known historically distance of 1 km (0.62 mi); protection to reduce the following and from nonnative grass encroachment. consequently, adequate space for stressors: Altered fire regime, nonnative Further, all populations need protection pollinators is needed around beardless grass encroachment, grazing, erosion, from stressors related to one or more of chinchweed populations to support and burial (see table 2, below). Special the following activities: Recreation, road pollinators and, therefore, cross- management considerations or and trail maintenance, grazing, pollination within and among protection are required within critical trampling, and mining. As discussed populations and subpopulations. In habitat areas to address these stressors. above, these stressors are currently, or addition, open space is needed in the Management activities that could will in the near future, impact all form of seedbanks for population ameliorate these stressors include (but populations. Protection is needed from growth. Further, beardless chinchweed are not limited to): Prescribed fire, fire these stressors to ensure the populations need space with soil breaks, reduction of nonnative grasses, conservation of the species. moisture and nutrients for individual promotion or introduction of native The minimum viable population size and population growth. forbs and grasses, cleaning of vegetation for this species is unknown. General Specific details about the physical or management equipment between uses, conservation biology indicates that at biological features essential to this exclosure fences, and protection from least 500 individual are needed for a species are described earlier in this erosion and burial. These management minimum viable population. Currently, document and in the SSA report activities will protect the physical or 11 of the 12 populations have fewer (Service 2020). biological features for the species by than 50 individuals. In Arizona, there reducing or avoiding the encroachment are currently approximately 992 Summary of Essential Physical or or expansion of nonnative grass species, individual beardless chinchweed plants Biological Features promoting native vegetation, and spread across less than 2 ha (5 ac) We derived the specific physical or preventing the succession of vegetation within six extant populations spread biological features essential to the so that open space and sun exposure are

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maintained in beardless chinchweed habitat.

TABLE 2—FEATURES THAT MAY REQUIRE SPECIAL MANAGEMENT

Features that may require special Stressors to features Special management or protection Features protected by management to address stressors

Native-dominated plant Altered fire regime; Fire breaks around populations; prescribed Avoidance of encroachment of nonnatives communities. nonnative grasses; fires; reduction of nonnative grasses; clean from wildfires and drought; promotion of grazing; road and equipment to limit the spread of non- native species through natural fire regime trail maintenance. natives; promotion or introduction of native or other tools; avoidance of introducing forbs and grasses. nonnative species. Plants for pollinators .... Altered fire regime; Fire breaks around populations; prescribed Avoidance of encroachment of nonnatives nonnative grasses. fires; reduction of nonnative grasses; pro- from wildfires and drought; promotion of motion or introduction of native forbs and native species through natural fire regime grasses. or other tools; avoidance of introducing nonnative species. Open, sunny sites ...... Altered fire regime; Prescribed fires; reduction of nonnative Elimination or reduction of the loss of open nonnative grasses. grasses; promotion or introduction of native space and sun exposure. forbs and grasses.

Criteria Used To Identify Critical populations at a subset of previously be designated as critical habitat, our Habitat occupied habitats throughout the primary source of information is As required by section 4(b)(2) of the species’ historical range in the United generally the information developed Act, we use the best scientific data States. Reestablishment of additional during the listing process for the available to designate critical habitat. In populations will help to ensure that species. Additional information sources accordance with the Act and our catastrophic events, such as wildfire, may include the recovery plan for the implementing regulations at 50 CFR cannot simultaneously affect all known species, articles in peer-reviewed 424.12(b), we review available populations (i.e., increased journals, conservation plans developed information pertaining to the habitat redundancy). For these reasons, we by States and counties, scientific status requirements of the species and identify conclude that a critical habitat surveys and studies, biological specific areas within the geographical designation limited to areas occupied at assessments, other unpublished area occupied by the species at the time the time of listing would be inadequate materials, or experts’ opinions or of listing and any specific areas outside to ensure the conservation of the personal knowledge. In this case, we the geographical area occupied by the species. used existing occurrence data for the species to be considered for designation We are designating critical habitat in beardless chinchweed and information as critical habitat. areas within the geographical area on the habitat and ecosystems upon Because of the vulnerability currently occupied by the species (i.e., which it depends. These sources of associated with small populations, at the time of proposed listing). In this information included, but were not limited distributions, or both, case, we determined that occupied areas limited to: conservation of the beardless are inadequate to ensure the (1) Data used to prepare the rule to list chinchweed requires protection of both conservation of the species. Thus, we the species; existing occupied habitat and potential looked at historically occupied areas (2) Information from biological habitat (i.e., suitable for occupancy but that currently possess the physical and surveys; (3) Various agency reports and currently unoccupied), and the biological features to determine if any databases; establishment of new populations to areas are suitable for beardless (4) Information from NPS and other reduce or eliminate such vulnerability. chinchweed recolonization and cooperators; The current distribution of beardless subsequent persistence. In addition to (5) Information from species experts; chinchweed is reduced from its areas occupied by the species at the (6) Data and information presented in historical distribution to a level where time of listing, we are designating academic research theses; and the species is in danger of extinction. Of specific areas outside the geographical (7) Regional Geographic Information the six U.S. populations that occur in area occupied by the species at the time System (GIS) data (such as species four mountain ranges, two populations of listing (Units 5, 6, and 7), which were occurrence data, land use, topography, are in moderate condition and four are historically occupied but are presently aerial imagery, soil data, and land in low condition. Conservation of the unoccupied, because those areas are ownership maps) for area calculations species will require populations with essential for the conservation of the and mapping. increased resiliency, abundance, and species and contain one or more of the distribution to increase the redundancy physical or biological features essential Areas Occupied at the Time of Listing and representation of beardless to the conservation of the species. The In accordance with the Act and our chinchweed. Due to current stressors Service is reasonably certain that the implementing regulations at 50 CFR and expected future stressors, remaining unoccupied areas will contribute to the 424.12(b), we reviewed available populations are small, are isolated, and conservation of the species as a result of information pertaining to the habitat have limited potential for natural ongoing conservation efforts for requirements of the species, identified recolonization. We anticipate that beardless chinchweed with USFS that specific areas within the geographical recovery will require continued are expected to continue, including area occupied by the species at the time protection of existing populations and habitat management and research. When of listing, and examined whether we habitat, as well as reestablishment of we are determining which areas should could identify any specific areas outside

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the geographical area occupied by the the Washington Camp population and distribution of the species. In species to be considered for designation would reintroduce the species into the addition, the unoccupied units each as critical habitat. Patagonia Mountains, where currently it contain one or more of the physical or The critical habitat designation does is extirpated. The reestablishment of biological features and are likely to not include all populations known to beardless chinchweed into the provide for the conservation of the have been occupied by the species Patagonia Mountains would restore the species. Each of the unoccupied areas historically; instead, it includes all historical range of the species in terms are on lands managed by the Coronado currently occupied areas within the of occupied mountain ranges. This area National Forest. The Forest Plan for the historical range that have retained the would provide key representation and Coronado National Forest contains necessary physical or biological features redundancy needed for conservation of several important guidelines that will that will allow for the maintenance and the species. Further, the addition of two contribute to the conservation of the expansion of these existing populations. reestablished populations in the Canelo beardless chinchweed, including The following populations meet the Hills would increase the redundancy of control of nonnative vegetation, definition of areas occupied by the the species in this area and reduce the promotion of native grasses, and species at the time of listing: McCleary chance that a catastrophic event would protections for species listed under the Canyon (2 populations), Audubon eliminate all populations in this area. Act (USFS 2018). Designation of critical Research Ranch, Scotia Canyon, Currently, there is only one population habitat will facilitate the application of Coronado National Memorial, and Ruby with 37 individuals in the Canelo Hills. this guidance where it will do the most Road. Of the remaining historical good for the beardless chinchweed. populations in the United States, Pena As a final step, we evaluated occupied Areas Outside the Geographical Area Blanca Lake, Summit Motorway, Copper units and refined the area by evaluating Occupied at the Time of Listing Mountain, Box Canyon, Joe’s Canyon, the presence or absence of appropriate Because we determined that a critical and Flux Canyon are heavily infested physical or biological features. We habitat designation limited to with nonnative grasses to an extent selected the boundary of a unit to geographical areas occupied by the where restoration of native vegetation is include 1 km (0.62 mi) of foraging and species would be inadequate to ensure not likely feasible. Reestablishment of reproductive habitat for pollinators the conservation of the species, we are the species to these historical sites is not necessary for the beardless chinchweed. also designating unoccupied areas. Pena likely to be successful and, therefore, We then mapped critical habitat units Blanca Lake, Summit Motorway, Copper not likely to contribute to the recovery using ArcMap version 10 Mountain, Lampshire Well, Harshaw of the species. Therefore, these (Environmental Systems Research Creek, Flux Canyon, Washington Camp, remaining historical sites are not Institute, Inc.), a GIS program. Box Canyon, and Joe’s Canyon are included in the designation of critical The areas included in the critical within the historical range of the habitat. habitat designation provide sufficient beardless chinchweed, but are not In summary, for areas within the habitat for recruitment, pollinators, seed currently occupied by the species. We geographic area occupied by the species bank, and seed dispersal. In general, the determined these sites to be extirpated. at the time of listing (i.e., currently physical or biological features of critical Areas not occupied by the species at the occupied), we delineated critical habitat habitat are contained within 1 km (0.62 time of listing are only considered to be unit boundaries by evaluating the mi) of beardless chinchweed plants essential if they contain one or more of habitat suitability of areas within the within the population. the physical and biological features geographic area occupied at the time of When determining critical habitat essential to the conservation of the listing, and retaining those units that boundaries within this final rule, we species and if we have a reasonable contain some or all of the physical or made every effort to avoid including certainty that the area will contribute to biological features to support life- developed areas such as lands covered the conservation of the species. To history functions essential for by buildings, pavement, and other determine if these areas are essential for conservation of the species. structures because such lands lack the the conservation of beardless For areas outside the geographic area physical or biological features necessary chinchweed, we considered the life occupied by the species at the time of for the beardless chinchweed. The scale history, status, and conservation needs listing, we delineated critical habitat of the maps we prepared under the of the species such as: (1) The unit boundaries by evaluating areas not parameters for publication within the importance of the site to the overall known to have been occupied at listing Code of Federal Regulations may not status of the species to prevent (i.e., that are not currently occupied) but reflect the exclusion of such developed extinction and contribute to future that are within the historical range of lands. Any such lands inadvertently left recovery of the beardless chinchweed; the species to determine if they are inside critical habitat boundaries shown (2) whether the area could be restored essential to the survival and recovery of on the maps of this rule have been to support the beardless chinchweed; (3) the species. Essential areas are those excluded by text in the rule and are not whether the site provides connectivity that: (1) Serve to extend an occupied designated as critical habitat. Therefore, between occupied sites for genetic unit; and (2) expand the geographic a Federal action involving these lands exchange; and (4) whether a population distribution within areas not occupied will not trigger section 7 consultation of the species could be reestablished in at the time of listing across the historical with respect to critical habitat and the the area. range of the species. requirement of no adverse modification Of the unoccupied areas, Lampshire We conclude that the areas we are unless the specific action would affect Well, Harshaw Creek, and Washington designating as critical habitat provide the physical or biological features in the Camp on USFS lands contain a mixture for the conservation of the beardless adjacent critical habitat. of native and nonnative grasses that chinchweed because they include We are designating critical habitat in could be feasibly restored to native habitat for all extant populations and areas within the geographical area conditions, thus making them suitable include habitat for connectivity and occupied by the species at the time of for reestablishment of the species, and dispersal opportunities within units. listing (i.e., currently occupied) and that they are important to the overall status Such opportunities for dispersal assist contain one or more of the physical or of the species. The reestablishment of in maintaining the population structure biological features that are essential to

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support the life-history processes of the this new regulation does not apply to Docket No. FWS–R2–ES–2018–0104, on species. Because of the species’ this final rule. our internet site at https://www.fws.gov/ vulnerabilities related to small, isolated Units are designated based on one or southwest/es/arizona/Docs_ populations, current and ongoing more of the physical or biological Species.htm, and at the field office stressors, and limited distribution, we features being present to support the responsible for the designation (see FOR have determined that occupied areas are beardless chinchweed’s life-history FURTHER INFORMATION CONTACT). inadequate to ensure the conservation of processes. Some units contain all of the Final Critical Habitat Designation the species. We are also designating identified physical or biological features specific areas outside the geographical and support multiple life-history We are designating approximately area occupied by the species at the time processes. Some units contain only 10,604 ac (4,291 ha) in eight units as of listing, that were historically some of the physical or biological critical habitat for the beardless occupied but are presently unoccupied, features necessary to support the chinchweed. The critical habitat areas because we have determined that such beardless chinchweed’s particular use of we describe below constitute our areas are essential for the conservation that habitat. current best assessment of areas that of the species. The critical habitat designation is meet the definition of critical habitat for On December 16, 2020, we published defined by the map, as modified by any the beardless chinchweed. Those eight a final rule in the Federal Register (85 accompanying regulatory text, presented units are: (1) McCleary Canyon, (2) FR 81411) adding a definition of at the end of this document under Audubon Research Ranch, (3) Scotia ‘‘habitat’’ to our regulations for purposes Regulation Promulgation. We include Canyon, (4) Coronado National of critical habitat designations under the more detailed information on the Memorial, (5) Lampshire Well, (6) Endangered Species Act of 1973, as boundaries of the critical habitat Harshaw Creek, (7) Washington Camp, amended (Act). This rule became designation in the preamble of this and (8) Ruby Road. Table 3 shows the effective on January 15, 2021 and only document. We will make the name, occupancy of the unit, land applies to critical habitat rules for coordinates or plot points or both on ownership, and approximate area of the which a proposed rule was published which the map is based available to the designated critical habitat for the after January 15, 2021. Consequently, public on http://www.regulations.gov at beardless chinchweed.

TABLE 3—CRITICAL HABITAT UNITS AND OCCUPANCY OF BEARDLESS CHINCHWEED

Occupied at the Size of unit in acres Critical habitat unit time of listing Ownership (hectares)

1—McCleary Canyon ...... Yes ...... U.S. Forest Service (USFS) ...... 1,686 ac (682 ha). 2—Audubon Research Ranch ..... Yes ...... Bureau of Land Management (BLM), USFS, Pri- 1,170 ac (474 ha) BLM; 817 ac vate (Audubon Research Ranch). (331 ha) USFS; 300 ac (121 ha) private. 3—Scotia Canyon ...... Yes ...... USFS ...... 855 ac (346 ha). 4—Coronado National Memorial .. Yes ...... National Park Service ...... 2,109 ac (853 ha). 5—Lampshire Well ...... No ...... USFS ...... 939 ac (380 ha). 6—Harshaw Creek ...... No ...... USFS ...... 1,013 ac (410 ha). 7—Washington Camp ...... No ...... USFS ...... 939 ac (380 ha). 8—Ruby Road ...... Yes ...... USFS ...... 776 ac (314 ha).

Total ...... 10,604 ac (4,291 ha) Note: Area sizes may not sum due to rounding.

We present brief descriptions of all unit, and ongoing and historical mining listed under the Act, including the units, and reasons why they meet the activities occur throughout the Santa jaguar (Panthera onca), ocelot definition of critical habitat for the Rita Mountains. This unit also receives (Leopardus (=Felis) pardalis), Mexican beardless chinchweed, below. Each of substantial recreational pressure and spotted owl (Strix occidentalis lucida), the eight units contain at least one of the livestock grazing. The Gunsight Pass yellow-billed cuckoo (Coccyzus physical or biological features essential population is one of the few populations americanus), and Chiricahua leopard to the conservation of beardless within the range of the beardless frog (Lithobates chiricahuensis, listed as chinchweed (see Summary of Essential chinchweed where native grass species Rana chiricahuensis). This unit overlaps Physical or Biological Features, above). dominate the site. The Wasp Canyon with designated critical habitat for the population has a mixture of native and jaguar. Unit 1: McCleary Canyon nonnative grass species. The McCleary The McCleary Canyon unit occurs in Canyon unit provides all five of the Unit 2: Audubon Research Ranch the northeastern portion of the Santa physical or biological features essential The Audubon Research Ranch unit Rita Mountains in Pima County, to the conservation of the beardless occurs in the northern portion of the Arizona, and is managed by the USFS. chinchweed. The physical and Canelo Hills in Santa Cruz County, This unit is 1,686 ac (682 ha) in size and biological features in this unit may Arizona, and is managed by the is currently occupied. The unit contains require special management Audubon Society, and some plants two extant populations: Gunsight Pass considerations, including reduction in occur on the Coronado National Forest. and Wasp Canyon. Each population nonnative grass presence, promotion of This unit is 2,287 ac (926 ha) in size and within the McCleary Canyon unit native forbs and grasses, removal of is currently occupied. The O’Donnell supports 32 individual beardless livestock between April and October, Canyon population is currently extant chinchweed plants. The proposed and the creation of exclosures. This unit but there was one additional Rosemont Copper Mine occurs in this includes habitat for species already population, Post Canyon, that occurred

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here historically. The Audubon Unit 4: Coronado National Memorial cuckoo, Chiricahua leopard frog, Research Ranch unit supports 37 The Coronado National Memorial unit northern Mexican gartersnake, individual beardless chinchweed plants occurs in the southern portion of the Huachuca water-umbel, and Canelo and is one of the few sites within the Huachuca Mountains in Cochise Hills ladies’-tresses (Spiranthes range of the beardless chinchweed County, Arizona, and is managed by the delitescens). In addition, this unit where native grass species dominate the NPS. This unit is 2,109 ac (853 ha) in includes designated critical habitat for site. The Audubon Research Ranch unit size and is occupied by beardless jaguar and proposed critical habitat for provides all five of the physical or chinchweed. The unit contains two northern Mexican gartersnake. Although it is currently unoccupied, biological features essential to the extant subpopulations: The Visitor this unit contains all five of the physical conservation of the beardless Center and the State of Texas Mine. The or biological features essential to the chinchweed. Features in this unit may area around the visitor center supports require special management conservation of beardless chinchweed. approximately 785 individual beardless considerations, including reduction in This unit consists of a mix of native and chinchweed plants. Another 61 plants nonnative grass presence and promotion nonnative grasses, with scattered oak have been documented in the vicinity of of native forbs and grasses. This unit and juniper, at an elevation of 1,646 m the State of Texas mine. This unit includes habitat for species already (5,400 ft), on granitic substrate with includes lands within the 1 km buffer of listed under the Act: Jaguar, ocelot, steep slopes facing the southwest. There foraging and reproductive habitat for Mexican spotted owl, yellow-billed are areas in this unit that contain more pollinators necessary for the beardless cuckoo, Chiricahua leopard frog, Gila native grasses than nonnative grasses. chinchweed where the historical chub (Gila intermedia), northern The USFS is committed to managing for subpopulation, Joe’s Canyon Trail, Mexican gartersnake (Thamnophis the recovery of listed species; reducing eques megalops), and Huachuca water- occurred. As described in the response nonnative, invasive species; and umbel (Lilaeopsis schaffneriana var. to public comments, beardless managing fuel loads to reduce potential recurva). In addition, this unit includes chinchweed may have been noted at for high-intensity wildfire (USDA FS designated critical habitat for Joe’s Canyon Trail in 2012; however, 2018, pp. 18, 67, 212, 216). The Chiricahua leopard frog, Gila chub, and three surveys since 2014 have not Lampshire Well unit is essential to the Huachuca water-umbel, and proposed detected the species. The lands in this conservation of the species because it critical habitat for northern Mexican unit have been affected by historical provides for habitat and population gartersnake. mining, support a high level of restoration opportunities, as well as recreational use, and experience provides habitat connectivity for Unit 3: Scotia Canyon ongoing impacts from wildfire. Portions beardless chinchweed and its The Scotia Canyon unit occurs on the of the Coronado National Memorial unit pollinators. Recovery of this species will western slopes of the Huachuca are dominated by native grass species, require new and expanded populations, Mountains in Cochise County, Arizona, while other areas are a mixture of native and this unit provides necessary habitat and is managed by the USFS. This unit and nonnative grasses. The Coronado that will contribute to the species’ is 855 ac (346 ha) in size and is National Memorial unit provides all five resiliency (larger and more currently occupied by beardless of the physical or biological features populations), redundancy (more chinchweed. This unit includes one essential to the conservation of populations across the range), and extant population estimated to contain beardless chinchweed. The physical and representation (opportunities for 40 individual beardless chinchweed biological features in this unit may increased genetic and environmental plants. This unit has been impacted by require special management variation). We have determined that this historical mining, grazing, and wildfire. considerations, including reduction in unoccupied unit contains all five of the High recreational use also occurs in this nonnative grass presence and promotion physical or biological features that are unit. The Scotia Canyon unit is one of of native forbs and grasses. This unit essential to the conservation of the the few sites within the range of includes habitat for species already species and that it is reasonably certain beardless chinchweed where native listed under the Act: Jaguar, ocelot, that it will contribute to the grass species dominate the site. The Mexican spotted owl, yellow-billed conservation of the species. Scotia Canyon unit provides all five of cuckoo, Chiricahua leopard frog, the physical or biological features northern Mexican gartersnake, and Unit 6: Harshaw Creek essential to the conservation of the Huachuca water-umbel. In addition, this The Harshaw Creek unit occurs in the beardless chinchweed. The physical and unit includes designated critical habitat Canelo Hills in Santa Cruz County, biological features in this unit may for jaguar and Mexican spotted owl. Arizona, and is managed by the U.S. require special management Forest Service. This unit is 1,013 ac (410 Unit 5: Lampshire Well considerations, including reduction in ha) in size and is currently unoccupied. nonnative grass presence, promotion of The Lampshire Well unit occurs in Historically, beardless chinchweed native forbs and grasses, reduction in the Canelo Hills in Santa Cruz County, populations occurred on this unit. This road maintenance activity, removal of Arizona, and is managed by the USFS. unit is characterized by communities of livestock between April and October, This unit is 939 ac (380 ha) in size and mixed native and nonnative grasses, and and the creation of exclosures. This unit is currently unoccupied. Historically, is subject to cross-border activities (foot includes habitat for species already beardless chinchweed populations traffic and increased fire ignition) and listed under the Act: Jaguar, ocelot, occurred on this unit. This unit is wildfire. This unit includes habitat for Mexican spotted owl, yellow-billed characterized by communities of mixed species already listed under the Act: cuckoo, Chiricahua leopard frog, native and nonnative grasses, and is Jaguar, ocelot, Mexican spotted owl, northern Mexican gartersnake, and subject to impacts from cross-border yellow-billed cuckoo, Chiricahua Huachuca water-umbel. In addition, this activities (foot traffic and increased fire leopard frog, northern Mexican unit includes designated critical habitat ignition) and wildfire. This unit gartersnake, Huachuca water-umbel, for jaguar and Huachuca water-umbel, includes habitat for species already and Canelo Hills ladies’-tresses. In and proposed critical habitat for listed under the Act: Jaguar, ocelot, addition, this unit includes designated northern Mexican gartersnake. Mexican spotted owl, yellow-billed critical habitat for jaguar and proposed

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critical habitat for northern Mexican Although it is currently unoccupied, considerations, including reduction in gartersnake. portions of this unit contain all five of nonnative grass presence, promotion of Although it is currently unoccupied, the physical or biological features native forbs and grasses, reduction in portions of this unit contain all five of essential for the conservation of road maintenance activity, removal of the physical or biological features beardless chinchweed. This unit livestock between April and October, essential for the conservation of consists of a mix of native and and creation of exclosures. This unit beardless chinchweed. This unit nonnative grasses, with scattered oak includes habitat for species already consists of a mix of native and and juniper at an elevation of 1,646 m listed under the Act: Jaguar, ocelot, nonnative grasses, with scattered oak (5,400 ft), on granitic substrate with Mexican spotted owl, yellow-billed and junipers, at an elevation of 1,494 m steep slopes facing the southwest. There cuckoo, Chiricahua leopard frog, and (4,900 ft), on granitic, rocky substrate are areas in this unit that contain more northern Mexican gartersnake. In with steep slopes facing the southwest. native grasses than nonnative grasses. addition, this unit includes designated There are areas in this unit with more The U.S. Forest Service is committed to critical habitat for jaguar, Mexican native grasses than nonnative grasses. managing for the recovery of listed spotted owl, and Chiricahua leopard The U.S. Forest Service is committed to species; reducing nonnative, invasive frog. species; and managing fuel loads to managing for the recovery of listed Effects of Critical Habitat Designation species; reducing nonnative, invasive reduce potential for high-intensity species; and managing fuel loads to wildfire (USDA Forest Service 2018, pp. Section 7 Consultation 18, 67, 212, 216). The Washington Camp reduce potential for high-intensity Section 7(a)(2) of the Act requires unit is essential to the conservation of wildfire (USDA Forest Service 2018, pp. Federal agencies, including the Service, the species because it provides for 18, 67, 212, 216). The Harshaw Creek to ensure that any action they fund, habitat and population restoration unit is essential to the conservation of authorize, or carry out is not likely to opportunities, as well as provides the species because it provides for jeopardize the continued existence of habitat and population restoration habitat connectivity for beardless chinchweed and its pollinators. any endangered species or threatened opportunities, as well as provides species or result in the destruction or habitat connectivity for beardless Recovery of this species will require new and expanded populations, and adverse modification of designated chinchweed and its pollinators. critical habitat of such species. In Recovery of this species will require this unit provides for this needed habitat that will contribute to the addition, section 7(a)(4) of the Act new and expanded populations, and requires Federal agencies to confer with this unit provides for this needed species’ resiliency (larger and more populations), redundancy (more the Service on any agency action which habitat that will contribute to the populations across the range), and is likely to jeopardize the continued species’ resiliency (larger and more representation (opportunities for existence of any species proposed to be populations), redundancy (more increased genetic and environmental listed under the Act or result in the populations across the range), and variation). We have determined that this destruction or adverse modification of representation (opportunities for unoccupied unit contains one or more proposed critical habitat. increased genetic and environmental of the physical or biological features We published a final rule revising the variation). We have determined that this that are essential to the conservation of definition of destruction or adverse unoccupied unit contains all five of the the species and that it is reasonably modification on August 27, 2019 (84 FR physical or biological features that are certain that it will contribute to the 44976). Destruction or adverse essential to the conservation of the conservation of the species. modification means a direct or indirect species and that it is reasonably certain alteration that appreciably diminishes to contribute to the conservation of the Unit 8: Ruby Road the value of critical habitat as a whole species. The Ruby Road unit occurs in the for the conservation of a listed species. If a Federal action may affect a listed Unit 7: Washington Camp Atascosa-Pajarito Mountains in Santa Cruz County, Arizona, and is managed species or its critical habitat, the The Washington Camp unit occurs in by the U.S. Forest Service. This unit is responsible Federal agency (action the northeastern portion of the 776 ac (314 ha) in size and is currently agency) must enter into consultation Patagonia Mountains in Santa Cruz occupied. There is one extant with us. Examples of actions that are County, Arizona, and is managed by the population, Ruby Road, within this unit subject to the section 7 consultation U.S. Forest Service. This unit is 939 ac that supports approximately 10 process are actions on State, Tribal, (380 ha) in size and is currently individual beardless chinchweed plants. local, or private lands that require a unoccupied. A number of mining Despite the fact that nonnative grasses Federal permit (such as a permit from activities are proposed on lands within dominate this unit, beardless the U.S. Army Corps of Engineers under this unit, and this unit is also subject to chinchweed is able to overcome this section 404 of the Clean Water Act (33 cross-border activities (foot traffic and competition by occurring in areas along U.S.C. 1251 et seq.) or a permit from the increased fire ignition), recreational use, a roadside that is regularly maintained, Service under section 10 of the Act) or and wildfire. This unit is characterized which removes much of the nonnative that involve some other Federal action by a mixture of native and nonnative grass cover. This unit has been affected (such as funding from the Federal grass species. This unit includes habitat by past mining activities, and is subject Highway Administration, Federal for species already listed under the Act: to ongoing cross-border activities (foot Aviation Administration, or the Federal Jaguar, ocelot, Mexican spotted owl, traffic and increased fire ignition), Emergency Management Agency). yellow-billed cuckoo, Chiricahua recreational use, grazing, and wildfire. Federal actions not affecting listed leopard frog, and northern Mexican The Ruby Road unit currently provides species or critical habitat, and actions gartersnake. In addition, this unit four of the physical or biological on State, Tribal, local, or private lands includes designated critical habitat for features essential to the conservation of that are not federally funded, jaguar and Mexican spotted owl, and beardless chinchweed. The physical and authorized, or carried out by a Federal proposed critical habitat for northern biological features in this unit may agency, do not require section 7 Mexican gartersnake. require special management consultation.

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Compliance with the requirements of listing a new species or designating new (3) Actions that would promote high- section 7(a)(2) is documented through critical habitat. See the regulations for a severity wildfires. Such activities could our issuance of: description of those exceptions. include, but are not limited to, (1) A concurrence letter for Federal recreation and encouraging the Application of the ‘‘Adverse actions that may affect, but are not encroachment of nonnative grasses. Modification’’ Standard likely to adversely affect, listed species These activities could eliminate or or critical habitat; or The key factor related to the reduce open habitat necessary for (2) A biological opinion for Federal destruction or adverse modification growth, seed production, seedbank, and actions that may affect, and are likely to determination is whether pollinators of beardless chinchweed. adversely affect, listed species or critical implementation of the proposed Federal habitat. action directly or indirectly alters the Exemptions When we issue a biological opinion designated critical habitat in a way that Application of Section 4(a)(3) of the Act concluding that a project is likely to appreciably diminishes the value of the jeopardize the continued existence of a critical habitat as a whole for the Section 4(a)(3)(B)(i) of the Act (16 listed species and/or destroy or conservation of the listed species. As U.S.C. 1533(a)(3)(B)(i)) provides that the adversely modify critical habitat, we discussed above, the role of critical Secretary shall not designate as critical provide reasonable and prudent habitat is to support physical or habitat any lands or other geographical alternatives to the project, if any are biological features essential to the areas owned or controlled by the identifiable, that would avoid the conservation of a listed species and Department of Defense, or designated likelihood of jeopardy and/or provide for the conservation of the for its use, that are subject to an destruction or adverse modification of species. integrated natural resources critical habitat. We define ‘‘reasonable Section 4(b)(8) of the Act requires us management plan (INRMP) prepared and prudent alternatives’’ (at 50 CFR to briefly evaluate and describe, in any under section 101 of the Sikes Act (16 402.02) as alternative actions identified proposed or final rule that designates U.S.C. 670a), if the Secretary determines during consultation that: critical habitat, activities involving a in writing that such plan provides a (1) Can be implemented in a manner Federal action that may violate 7(a)(2) of benefit to the species for which critical consistent with the intended purpose of the Act by destroying or adversely habitat is proposed for designation. the action, modifying such habitat, or that may be There are no Department of Defense (2) Can be implemented consistent affected by such designation. lands with a completed INRMP within with the scope of the Federal agency’s Activities that the Services may, the final critical habitat designation. during a consultation under section legal authority and jurisdiction, Consideration of Impacts Under Section 7(a)(2) of the Act, find are likely to (3) Are economically and 4(b)(2) of the Act technologically feasible, and destroy or adversely modify critical (4) Would, in the Service Director’s habitat include, but are not limited to: Section 4(b)(2) of the Act states that opinion, avoid the likelihood of (1) Actions that would remove native the Secretary shall designate and make jeopardizing the continued existence of bunchgrass communities. Such revisions to critical habitat on the basis the listed species and/or avoid the activities could include, but are not of the best available scientific data after likelihood of destroying or adversely limited to, livestock grazing; fire taking into consideration the economic modifying critical habitat. management; trails construction and impact, national security impact, and Reasonable and prudent alternatives maintenance; infrastructure and road any other relevant impact of specifying can vary from slight project construction and maintenance; any particular area as critical habitat. modifications to extensive redesign or recreation management; minerals The Secretary may exclude an area from relocation of the project. Costs extraction and restoration; visitor use critical habitat if he determines that the associated with implementing a and management; and construction and benefits of such exclusion outweigh the reasonable and prudent alternative are maintenance of border roads, fences, benefits of specifying such area as part similarly variable. barriers, and towers. These activities of the critical habitat, unless he Regulations at 50 CFR 402.16 require could eliminate or reduce open habitat determines, based on the best scientific Federal agencies to reinitiate formal necessary for growth, seed production, data available, that the failure to consultation on previously reviewed seedbank, and pollinators of beardless designate such area as critical habitat actions. These requirements apply when chinchweed. will result in the extinction of the the Federal agency has retained (2) Actions that would result in the species. In making that determination, discretionary involvement or control introduction, spread, or augmentation of the statute on its face, as well as the over the action (or the agency’s nonnative grass species. Such activities legislative history, are clear that the discretionary involvement or control is could include, but are not limited to, Secretary has broad discretion regarding authorized by law) and, subsequent to livestock grazing; fire management; which factor(s) to use and how much the previous consultation, we have trails construction and maintenance; weight to give to any factor. On listed a new species or designated infrastructure and road construction and December 18, 2020, we published a final critical habitat that may be affected by maintenance; recreation management; rule in the Federal Register (85 FR the Federal action, or the action has minerals extraction and restoration; 82376) revising portions of our been modified in a manner that affects visitor use and management; and regulations pertaining to exclusions of the species or critical habitat in a way construction and maintenance of border critical habitat. These final regulations not considered in the previous roads, fences, barriers, and towers. became effective on January 19, 2021 consultation. In such situations, Federal These activities could increase the and apply to critical habitat rules for agencies sometimes may need to request amount of nonnative grasses or which a proposed rule was published reinitiation of consultation with us, but introduce nonnative grasses, which after January 19, 2021. Consequently, the regulations also specify some eliminate or reduce open habitat these new regulations do not apply to exceptions to the requirement to necessary for growth, seed production, this final rule. reinitiate consultation on specific land seedbank, and pollinators of beardless We describe below the process that management plans after subsequently chinchweed. we undertook for taking into

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consideration each category of impacts develop a screening analysis of the management (NPS, USFS, Bureau of and our analyses of the relevant probable effects of the designation of Land Management); (2) grazing (USFS, impacts. critical habitat for the beardless Bureau of Land Management); (3) wild chinchweed (Industrial Economics, and prescribed fire (NPS, USFS, Bureau Consideration of Economic Impacts Incorporated (IEc) 2018, entire). We of Land Management); (4) groundwater Section 4(b)(2) of the Act and its began by conducting a screening pumping (USFS); (5) mining (USFS); (6) implementing regulations require that analysis of the designation of critical fuels management (NPS, USFS, Bureau we consider the economic impact that habitat in order to focus our analysis on of Land Management); (7) transportation may result from a designation of critical the key factors that are likely to result (road construction and maintenance; habitat. To assess the probable in incremental economic impacts. The NPS, USFS); and (8) trampling and dust economic impacts of a designation, we purpose of the screening analysis is to creation from recreation and border must first evaluate specific land uses or filter out particular geographic areas of protection activities (U.S. Customs and activities and projects that may occur in critical habitat that are already subject Border Protection, USFS, NPS). We the area of the critical habitat. We then to such protections and are, therefore, considered each industry or category must evaluate the impacts that a specific unlikely to incur incremental economic individually. Additionally, we critical habitat designation may have on impacts. In particular, the screening considered whether their activities have restricting or modifying specific land analysis considers baseline costs (i.e., any Federal involvement. Critical uses or activities for the benefit of the absent critical habitat designation) and habitat designation generally will not species and its habitat within the areas includes probable economic impacts affect activities that do not have any proposed. We then identify which where land and water use may be Federal involvement; under the Act, the conservation efforts may be the result of subject to conservation plans, land designation of critical habitat only the species being listed under the Act management plans, best management affects activities conducted, funded, versus those attributed solely to the practices, or regulations that protect the permitted, or authorized by Federal designation of critical habitat for this habitat area as a result of the Federal agencies. In areas where beardless particular species. The probable listing status of the species. Ultimately, chinchweed is present, Federal agencies economic impact of a critical habitat the screening analysis allows us to focus would already be required to consult designation is analyzed by comparing our analysis on evaluating the specific with the Service under section 7 of the scenarios both ‘‘with critical habitat’’ areas or sectors that may incur probable Act on activities they conduct, fund, and ‘‘without critical habitat.’’ incremental economic impacts as a permit, or authorize that may affect the The ‘‘without critical habitat’’ result of the designation. If there are any species. When this rule becomes scenario represents the baseline for the unoccupied units in the critical habitat effective (see DATES analysis, which includes the existing , above), designation, the screening analysis consultations to avoid the destruction or regulatory and socio-economic burden assesses whether any additional imposed on landowners, managers, or adverse modification of beardless management or conservation efforts may chinchweed critical habitat will be other resource users potentially affected incur incremental economic impacts. by the designation of critical habitat incorporated into the existing This screening analysis, combined with consultation process. (e.g., under the Federal listing as well as the information contained in our IEM, is other Federal, State, and local what we consider our economic analysis In our IEM, we clarified the regulations). The baseline, therefore, of the critical habitat designation for the distinction between the effects that represents the costs of all efforts beardless chinchweed and is would result from the species being attributable to the listing of the species summarized in the narrative below. listed and those attributable to the under the Act (i.e., conservation of the Executive Orders (E.O.) 12866 and critical habitat designation (i.e., species and its habitat incurred 13563 direct Federal agencies to assess difference between the jeopardy and regardless of whether critical habitat is the costs and benefits of available adverse modification standards) for designated). The ‘‘with critical habitat’’ regulatory alternatives in quantitative beardless chinchweed. For species scenario describes the incremental (to the extent feasible) and qualitative where the designation of critical habitat impacts associated specifically with the terms. Consistent with the E.O. is finalized concurrently with the designation of critical habitat for the regulatory analysis requirements, our listing, like beardless chinchweed, it has species. The incremental conservation effects analysis under the Act may take been our experience that it is more efforts and associated impacts would into consideration impacts to both difficult to discern which conservation not be expected without the designation directly and indirectly affected entities, efforts are attributable to the species of critical habitat for the species. In where practicable and reasonable. If being listed and those which will result other words, the incremental costs are sufficient data are available, we assess solely from the designation of critical those attributable solely to the to the extent practicable the probable habitat. However, the following specific designation of critical habitat, above and impacts to both directly and indirectly circumstances in this case help to beyond the baseline costs. These are the affected entities. inform our evaluation: (1) The essential costs we use when evaluating the As part of our screening analysis, we physical or biological features identified benefits of inclusion and exclusion of considered the types of economic for critical habitat are the same features particular areas from the final activities that are likely to occur within essential for the life requisites of the designation of critical habitat when the areas likely affected by the critical species, and (2) any actions that would conducting a discretionary 4(b)(2) habitat designation. In our evaluation of result in sufficient harm or harassment exclusion analysis. the probable incremental economic to constitute jeopardy to beardless For this particular designation, we impacts that may result from the chinchweed would also likely adversely developed an incremental effects designation of critical habitat for affect the essential physical or biological memorandum (IEM) considering the beardless chinchweed, first we features of critical habitat. The IEM probable incremental economic impacts identified, in the IEM dated August 30, outlines our rationale concerning this that may result from the designation of 2018, probable incremental economic limited distinction between baseline critical habitat. The information impacts associated with the following conservation efforts and incremental contained in our IEM was then used to categories of activities: (1) Federal lands impacts of the designation of critical

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habitat for this species. This evaluation chinchweed, we determine the reduction in the number of animal unit of the incremental effects has been used additional administrative cost to months (AUMs; a measure of the as the basis to evaluate the probable address chinchweed critical habitat in amount of forage consumed by one cow incremental economic impacts of this the consultation is minor, costing and calf during one month) associated designation of critical habitat. approximately $5,100 per consultation with the relevant allotment. The value The critical habitat designation for (2017 dollars). For the critical habitat of grazing permits associated with beardless chinchweed totals units that are currently occupied by allotments on Federal land can be used approximately 7,713 ac (3,121 ha, or 73 beardless chinchweed (Units 1, 2, 3, 4, to estimate the potential loss to ranchers percent of the total critical habitat and 8), we have not identified any during an exclusion period. We designation) of currently occupied ongoing or future projects or actions that estimated a range of potential costs habitat and 2,891 ac (1,170 ha, or 27 would warrant additional related to grazing, based on two percent of the total critical habitat recommendations or modifications to scenarios. In the low-end scenario, we designation) of unoccupied habitat (see avoid adversely modifying critical determined that AUM reductions would Table 3, above). Every unit of critical habitat above those that we would only occur in allotments where critical habitat for the beardless chinchweed recommend for avoiding jeopardy. habitat accounts for greater than 5 overlaps with the ranges of a number of Therefore, project modifications percent of the total allotment area. currently listed species and designated resulting from section 7 consultations in Otherwise, ranchers are likely to be able critical habitats. Therefore, the actual occupied units are unlikely to be to implement changes in practices that number of section 7 consultations is not affected by the designation of critical avoid the need to reduce the amount of expected to increase; however, the habitat. cattle grazed on the allotment, and thus analysis within these consultations In unoccupied units (Units 5, 6, and they avoid costs associated with lost would expand to consider effects to 7), we determined the incremental AUMs. In the high-end scenario, we critical habitat for the beardless administrative effort will be greater on determined that ranchers are unable to chinchweed. Consequently, there would a per consultation basis. Thus, we change practices, and the loss in AUMs likely be a small increase in the time concluded an incremental per is proportional to the amount of overlap needed to complete the consultation to consultation administrative cost of between designated critical habitat and include the assessment of beardless $15,000 in unoccupied units (2017 the relevant allotment. chinchweed critical habitat units (IEc dollars). To identify the allotments 2018, entire). Section 7 consultations In unoccupied units, incremental overlapping unoccupied units and the involving third parties (State, Tribal, or project modifications are possible. No number of AUMs permitted in each private lands) are limited. known projects are currently scheduled allotment, data were obtained from U.S. Based on the locations of the critical to occur within the designated areas; Forest Service. Those data were then habitat units and the types of projects however, U.S. Forest Service staff used to calculate potential AUM we typically evaluate for the Coronado express there is always a possibility of reduction for each allotment unit National Forest and the Coronado future projects related to grazing, overlapping with unoccupied critical National Memorial, we estimate that transportation, mining, and recreation habitat. Only one allotment (San Rafael) there would likely be 4 to 6 activities in this region. We discuss overlaps with unoccupied critical consultations annually that would potential costs resulting from these habitat by more than 5 percent of the include the beardless chinchweed. The activities below. allotment’s land area. In this allotment, entities that would incur incremental There are grazing allotments that a temporary reduction of 402 AUMs is costs are Federal agencies, because 97 overlap with unoccupied critical possible. For the remaining allotments, percent of critical habitat is on Federal habitat. However, only one allotment we determined no impact on permitted land. overlaps with unoccupied critical AUMs in the low-end scenario. In the In the 7,713 ac (3,121 ha) of occupied habitat by more than 5 percent of the high-end scenario, a temporary critical habitat (Units 1, 2, 3, 4, and 8), allotment’s land area and two reduction of 747 AUMs is possible if all any actions that may affect the species allotments with less than 5 percent of of the unoccupied units are fenced to or its habitat would also affect unoccupied critical habitat. In exclude cattle during range designated critical habitat. unoccupied units, our recommendations improvement efforts. Consequently, it is unlikely that any regarding alterations in amount or The cost of reducing AUMs from additional conservation efforts would be timing of grazing activities are not occupied critical habitat during range recommended to address the adverse required because the species is not improvement activities is unlikely to modification standard over and above present. However, U.S. Forest Service exceed $41,000 in the low-end scenario those recommended as necessary to may undertake range improvements to or $76,000 in the high-end scenario avoid jeopardizing the continued reduce the loss of native plant (2017 dollars). Impacts associated with existence of the beardless chinchweed. communities (e.g., bunchgrass) in the reduced AUMs could be greatest in Unit Therefore, only administrative costs are unoccupied critical habitat overlapping 7 ($27,000), followed by Unit 6 expected in these occupied units. While with grazing allotment units. The ($25,000) and Unit 5 ($24,000). These this additional analysis will require economic analysis estimates that range estimates represent perpetuity values; time and resources by the Federal action improvement projects in a given year thus, the single year loss would be a agency, the Service, and third parties, it may cost the agency from $1,000 to fraction of this amount. is expected that, in most circumstances, $250,000. Other activities that could overlap these costs would predominantly be During the improvement project, with unoccupied critical habitat include administrative in nature and would not electric fencing (included in the U.S. mining and road and trail construction. be significant (IEc 2018, entire). In Forest Service cost estimate) would be To avoid adverse effects to critical unoccupied areas, any conservation installed temporarily to exclude cattle. habitat, U.S. Forest Service might efforts or associated probable impacts During this period, there could be a loss recommend moving these projects, if would be considered incremental effects of forage, depending on the extent of feasible, to avoid the critical habitat attributed to the critical habitat overlap with existing grazing units. This could result in the need to designation. In units occupied by the allotments, resulting in a temporary construct additional linear miles of

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road. If projects can easily be moved to scheduled to occur within the such as impacts to ongoing border- other areas, U.S. Forest Service designated unoccupied areas; thus, security patrols and surveillance estimates total, on-time costs to the these estimated impacts are meant to activities, or a delay in training or agency, as well as the project capture a conservative high-end facility construction, as a result of proponents, in the range of $0 to estimate of potential impacts. Therefore, compliance with section 7(a)(2) of the $500,000. Where avoidance of critical our economic screening analysis Act. If the agency requesting the habitat is prohibitively expensive, U.S. indicates the incremental costs exclusion does not provide us with a Forest Service states that it would associated with critical habitat are reasonably specific justification, we will instead recommend monitoring and unlikely to exceed $100 million in any contact the agency to recommend that it subsequent treatment for the single year, and, therefore, would not be provide a specific justification or introduction or spread of invasive significant. clarification of its concerns relative to the probable incremental impact that plants due to project activities. The Exclusions Based on Economic Impacts costs to U.S. Forest Service and project could result from the designation. If the proponents of these activities might We considered the economic impacts agency provides a reasonably specific range from $1,000 to $500,000. For of the critical habitat designation and justification, we will defer to the expert projects that result in a significant the Secretary is not exercising her judgment of DoD, DHS, or another amount of vegetation that would not discretion to exclude any areas from this Federal agency as to: (1) Whether regrow in a timely manner designation of critical habitat for the activities on its lands or waters, or its (approximately 2 years), U.S. Forest beardless chinchweed based on activities on other lands or waters, have Service might require more all-inclusive economic impacts. A copy of the IEM national-security or homeland-security restoration, reclamation, and and screening analysis with supporting implications; (2) the importance of those revegetation of the disturbed project documents may be obtained by implications; and (3) the degree to footprints. In these cases, costs to U.S. contacting the Arizona Ecological which the cited implications would be Forest Service and project proponents Services Field Office (see FOR FURTHER adversely affected in the absence of an might range from $10,000 to $1,000,000. INFORMATION CONTACT) or by exclusion. In that circumstance, in downloading from the internet at http:// conducting a discretionary section The Service estimates a total of four www.regulations.gov. 4(b)(2) exclusion analysis, we will give to six consultations are likely to occur great weight to national-security and in a given year in designated areas. As Exclusions Based on Impacts on homeland-security concerns in a conservative estimate (i.e., more likely National Security and Homeland Security analyzing the benefits of exclusion. to overestimate than underestimate No lands within the designation of costs), we concluded that six Section 4(a)(3)(B)(i) of the Act may critical habitat for beardless chinchweed consultations will occur and all of the not cover all Department of Defense are owned or managed by the DoD. The consultations will be formal. The total (DoD) lands or areas that pose potential U.S. Customs and Border Protection administrative cost of these national-security concerns (e.g., a DoD (Department of Homeland Security) consultations is estimated to be $48,000 installation that is in the process of conducts border security operations and (IEc 2018, p. 16), including costs to the revising its INRMP for a newly listed enforcement activities within and Service, the Federal action agency, and species or a species previously not outside the 60-foot Roosevelt third parties. Incremental project covered). If a particular area is not Reservation along the United States/ modifications resulting solely from the covered under section 4(a)(3)(B)(i), Mexico border (Unit 4). designation of critical habitat are national-security or homeland-security This rule takes into account any unlikely in occupied critical habitat. In concerns are not a factor in the process relevant national security impacts of the unoccupied units, which are all of determining what areas meet the designation of critical habitat for the managed by the U.S. Forest Service, definition of ‘‘critical habitat.’’ beardless chinchweed. We coordinated projects associated with grazing, Nevertheless, when designating critical with the Customs and Border Protection mining, road or trail construction and habitat under section 4(b)(2), the Service (Department of Homeland Security) on maintenance, and range improvements must consider impacts on national the proposed and final designations of are possible. The costs per project, security, including homeland security, critical habitat. The agency did not including costs to the U.S. Forest on lands or areas not covered by section request an exclusion from critical Service and State, local, or private 4(a)(3)(B)(i). Accordingly, we will habitat based on potential national project proponents, might range from $0 always consider for exclusion from the security impacts. We note that Congress (simply moving a project to avoid designation areas for which DoD, has provided to the Secretary of critical habitat where the overlap Department of Homeland Security Homeland Security a number of between the project and critical habitat (DHS), or another Federal agency has authorities necessary to carry out the is minor) to $1,000,000 (projects that requested exclusion based on an Department’s border security mission. result in a significant amount of surface assertion of national-security or One of those authorities is found at disturbance, such as a new mining homeland-security concerns. section 102 of the Illegal Immigration proposal in an unoccupied unit); We cannot, however, automatically Reform and Immigrant Responsibility however, it is very difficult to accurately exclude requested areas. When DoD, Act of 1996, as amended (‘‘IIRIRA’’). In predict these potential costs as often DHS, or another Federal agency requests section 102(a) of IIRIRA, Congress they are significantly reduced through exclusion from critical habitat on the provided that the Secretary of the section 7 consultation process. basis of national-security or homeland- Homeland Security shall take such When no more than six consultations, security impacts, it must provide a actions as may be necessary to install and therefore projects, are likely in a reasonably specific justification of an additional physical barriers and roads given year, the section 7 impacts of this incremental impact on national security (including the removal of obstacles to critical habitat designation are unlikely that would result from the designation detection of illegal entrants) in the to exceed $10 million in a given year of that specific area as critical habitat. vicinity of the United States border to (IEc 2018, p. 16). However, as stated That justification could include deter illegal crossings in areas of high above, no known projects are currently demonstration of probable impacts, illegal entry into the United States. In

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section 102(b) of IIRIRA, Congress Required Determinations include manufacturing and mining mandated the installation of additional concerns with fewer than 500 Regulatory Planning and Review employees, wholesale trade entities fencing, barriers, roads, lighting, (Executive Orders 12866 and 13563) cameras, and sensors on the southwest with fewer than 100 employees, retail border. Finally, in section 102(c) of Executive Order 12866 provides that and service businesses with less than $5 IIRIRA, Congress granted to the the Office of Information and Regulatory million in annual sales, general and Secretary of Homeland Security the Affairs in the Office of Management and heavy construction businesses with less authority to waive all legal requirements Budget (OMB) will review all significant than $27.5 million in annual business, that he determines are necessary to rules. The Office of Information and special trade contractors doing less than ensure the expeditious construction of Regulatory Affairs has determined that $11.5 million in annual business, and barriers and roads authorized by section this rule is not significant. agricultural businesses with annual Executive Order (E.O.) 13563 102 of IIRIRA. On May 15, 2019, the sales less than $750,000. To determine reaffirms the principles of E.O. 12866 Secretary of Homeland Security issued if potential economic impacts to these while calling for improvements in the waivers for legal requirements covering small entities are significant, we nation’s regulatory system to promote border barrier activities directly in the considered the types of activities that predictability, to reduce uncertainty, vicinity of the beardless chinchweed’s might trigger regulatory impacts under and to use the best, most innovative, this designation as well as types of known range and proposed critical and least burdensome tools for habitat (85 FR 9794). project modifications that may result. In achieving regulatory ends. The general, the term ‘‘significant economic No impacts to national security or executive order directs agencies to impact’’ is meant to apply to a typical homeland security were presented to consider regulatory approaches that small business firm’s business the Service, and we have no reason to reduce burdens and maintain flexibility operations. expect such impacts from this and freedom of choice for the public Under the RFA, as amended, and as designation of critical habitat. where these approaches are relevant, understood in the light of recent court Consequently, the Secretary is not feasible, and consistent with regulatory decisions, Federal agencies are required exercising her discretion to exclude any objectives. E.O. 13563 emphasizes to evaluate the potential incremental areas from the final designation based further that regulations must be based impacts of rulemaking on those entities on impacts on national security. on the best available science and that directly regulated by the rulemaking the rulemaking process must allow for itself; in other words, the RFA does not Exclusions Based on Other Relevant public participation and an open require agencies to evaluate the Impacts exchange of ideas. We have developed potential impacts to indirectly regulated Under section 4(b)(2) of the Act, we this rule in a manner consistent with entities. The regulatory mechanism consider any other relevant impacts, in these requirements. through which critical habitat addition to economic impacts and Regulatory Flexibility Act (5 U.S.C. 601 protections are realized is section 7 of impacts on national security. We et seq.) the Act, which requires Federal consider a number of factors including agencies, in consultation with the Under the Regulatory Flexibility Act Service, to ensure that any action whether there are permitted (RFA; 5 U.S.C. 601 et seq.), as amended conservation plans covering the species authorized, funded, or carried out by the by the Small Business Regulatory agency is not likely to destroy or in the area, such as habitat conservation Enforcement Fairness Act of 1996 plans, safe harbor agreements, or adversely modify critical habitat. (SBREFA; 5 U.S.C. 801 et seq.), Therefore, under section 7, only Federal candidate conservation agreements with whenever an agency is required to assurances, or whether there are non- action agencies are directly subject to publish a notice of rulemaking for any the specific regulatory requirement permitted conservation agreements and proposed or final rule, it must prepare partnerships that would be encouraged (avoiding destruction and adverse and make available for public comment modification) imposed by critical by designation of, or exclusion from, a regulatory flexibility analysis that critical habitat. In addition, we look at habitat designation. Consequently, it is describes the effects of the rule on small our position that only Federal action the existence of Tribal conservation entities (i.e., small businesses, small plans and partnerships and consider the agencies will be directly regulated by organizations, and small government this designation. There is no government-to-government relationship jurisdictions). However, no regulatory of the United States with Tribal entities. requirement under the RFA to evaluate flexibility analysis is required if the the potential impacts to entities not We also consider any social impacts that head of the agency certifies the rule will directly regulated. Moreover, Federal might occur because of the designation. not have a significant economic impact agencies are not small entities. In preparing this final rule, we have on a substantial number of small Therefore, because no small entities will determined that there are currently no entities. The SBREFA amended the RFA be directly regulated by this rulemaking, permitted conservation plans or other to require Federal agencies to provide a the Service certifies that this critical non-permitted conservation agreements certification statement of the factual habitat designation will not have a or partnerships for the beardless basis for certifying that the rule will not significant economic impact on a chinchweed, and the final critical have a significant economic impact on substantial number of small entities. habitat designation does not include any a substantial number of small entities. During the development of this final Tribal lands or trust resources. We According to the Small Business rule, we reviewed and evaluated all anticipate no impact on Tribal lands, Administration, small entities include information submitted during the partnerships, or permitted or non- small organizations such as comment period on the December 6, permitted plans or agreements from this independent nonprofit organizations; 2019, proposed rule (84 FR 67060) that critical habitat designation. small governmental jurisdictions, may pertain to our consideration of the Accordingly, the Secretary is not including school boards and city and probable incremental economic impacts exercising her discretion to exclude any town governments that serve fewer than of this critical habitat designation. areas from the final designation based 50,000 residents; and small businesses Based on this information, we affirm our on other relevant impacts. (13 CFR 121.201). Small businesses certification that this critical habitat

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designation will not have a significant accordingly. At the time of enactment, critical habitat designation. Designation economic impact on a substantial these entitlement programs were: of critical habitat does not affect land number of small entities, and a Medicaid; Aid to Families with ownership, or establish any closures, or regulatory flexibility analysis is not Dependent Children work programs; restrictions on use of or access to the required. Child Nutrition; Food Stamps; Social designated areas. Furthermore, the Services Block Grants; Vocational designation of critical habitat does not Energy Supply, Distribution, or Use— Rehabilitation State Grants; Foster Care, affect landowner actions that do not Executive Order 13211 Adoption Assistance, and Independent require Federal funding or permits, nor Executive Order 13211 (Actions Living; Family Support Welfare does it preclude development of habitat Concerning Regulations That Services; and Child Support conservation programs or issuance of Significantly Affect Energy Supply, Enforcement. ‘‘Federal private sector incidental take permits to permit actions Distribution, or Use) requires agencies mandate’’ includes a regulation that that do require Federal funding or to prepare Statements of Energy Effects ‘‘would impose an enforceable duty permits to go forward. However, Federal when undertaking certain actions. OMB upon the private sector, except (i) a agencies are prohibited from carrying has provided guidance for condition of Federal assistance or (ii) a out, funding, or authorizing actions that implementing this Executive Order that duty arising from participation in a would destroy or adversely modify outlines nine outcomes that may voluntary Federal program.’’ critical habitat. A takings implications constitute ‘‘a significant adverse effect’’ The designation of critical habitat assessment has been completed and when compared to not taking the does not impose a legally binding duty concludes that this designation of regulatory action under consideration. on non-Federal Government entities or critical habitat for beardless chinchweed The economic analysis finds that none private parties. Under the Act, the only does not pose significant takings of these criteria are relevant to this regulatory effect is that Federal agencies implications for lands within or affected analysis. Thus, based on information in must ensure that their actions do not by the designation. the economic analysis, energy-related destroy or adversely modify critical impacts associated with beardless habitat under section 7. While non- Federalism—Executive Order 13132 chinchweed conservation activities Federal entities that receive Federal In accordance with E.O. 13132 within critical habitat are not expected. funding, assistance, or permits, or that (Federalism), this rule does not have As such, the designation of critical otherwise require approval or significant Federalism effects. A habitat is not expected to significantly authorization from a Federal agency for federalism summary impact statement is affect energy supplies, distribution, or an action, may be indirectly impacted not required. In keeping with use. Therefore, this action is not a by the designation of critical habitat, the Department of the Interior and significant energy action, and no legally binding duty to avoid Department of Commerce policy, we Statement of Energy Effects is required. destruction or adverse modification of requested information from, and coordinated development of the critical Unfunded Mandates Reform Act (2 critical habitat rests squarely on the habitat designation with, the U.S.C. 1501 et seq.) Federal agency. Furthermore, to the extent that non-Federal entities are appropriate State resource agencies in In accordance with the Unfunded indirectly impacted because they Arizona. From a federalism perspective, Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate the designation of critical habitat seq.), we make the following findings: in a voluntary Federal aid program, the directly affects only the responsibilities (1) This rule will not produce a Unfunded Mandates Reform Act would of Federal agencies. The Act imposes no Federal mandate. In general, a Federal not apply, nor would critical habitat other duties with respect to critical mandate is a provision in legislation, shift the costs of the large entitlement habitat, either for States and local statute, or regulation that would impose programs listed above onto State governments, or for anyone else. As a an enforceable duty upon State, local, or governments. result, the rule does not have substantial tribal governments, or the private sector, (2) We do not believe that this rule direct effects either on the State, or on and includes both ‘‘Federal will significantly or uniquely affect the relationship between the national intergovernmental mandates’’ and small governments because the area government and the State, or on the ‘‘Federal private sector mandates.’’ included in the critical habitat distribution of powers and These terms are defined in 2 U.S.C. designation is largely owned by Federal responsibilities among the various 658(5)–(7). ‘‘Federal intergovernmental agencies, with a small amount of private levels of government. The designation mandate’’ includes a regulation that land (3 percent). Consequently, we do may have some benefit to these ‘‘would impose an enforceable duty not believe that the critical habitat governments because the areas that upon State, local, or tribal governments’’ designation significantly or uniquely contain the features essential to the with two exceptions. It excludes ‘‘a affects small government entities. conservation of the species are more condition of Federal assistance.’’ It also Therefore, a Small Government Agency clearly defined, and the physical or excludes ‘‘a duty arising from Plan is not required. biological features of the habitat participation in a voluntary Federal necessary to the conservation of the program,’’ unless the regulation ‘‘relates Takings—Executive Order 12630 species are specifically identified. This to a then-existing Federal program In accordance with E.O. 12630 information does not alter where and under which $500,000,000 or more is (Government Actions and Interference what federally sponsored activities may provided annually to State, local, and with Constitutionally Protected Private occur. However, it may assist these local tribal governments under entitlement Property Rights), we have analyzed the governments in long-range planning authority,’’ if the provision would potential takings implications of because these local governments no ‘‘increase the stringency of conditions of designating critical habitat for the longer have to wait for case-by-case assistance’’ or ‘‘place caps upon, or beardless chinchweed in a takings section 7 consultations to occur. otherwise decrease, the Federal implications assessment. The Act does Where State and local governments Government’s responsibility to provide not authorize the Service to regulate require approval or authorization from a funding,’’ and the State, local, or tribal private actions on private lands or Federal agency for actions that may governments ‘‘lack authority’’ to adjust confiscate private property as a result of affect critical habitat, consultation

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under section 7(a)(2) would be required. for the Tenth Circuit, we do not need to we are not designating critical habitat While non-Federal entities that receive prepare environmental analyses for the beardless chinchweed on Tribal Federal funding, assistance, or permits, pursuant to the National Environmental lands, and no Tribal lands are affected or that otherwise require approval or Policy Act (NEPA; 42 U.S.C. 4321 et by the designation. authorization from a Federal agency for seq.) in connection with regulations References Cited an action, may be indirectly impacted adopted pursuant to section 4(a) of the by the designation of critical habitat, the Act. We published a notice outlining A complete list of references cited in legally binding duty to avoid our reasons for this determination in the the SSA report and this rulemaking is destruction or adverse modification of Federal Register on October 25, 1983 available on the internet at http:// critical habitat rests squarely on the (48 FR 49244). This position was upheld www.regulations.gov under Docket No. Federal agency. by the U.S. Court of Appeals for the FWS–R2–ES–2018–0104 and upon Ninth Circuit (Douglas County v. request from the Arizona Ecological Civil Justice Reform—Executive Order Babbitt, 48 F.3d 1495 (9th Cir. 1995), Services Field Office (see FOR FURTHER 12988 cert. denied 516 U.S. 1042 (1996)). INFORMATION CONTACT). In accordance with Executive Order Government-to-Government 12988 (Civil Justice Reform), the Office Authors Relationship With Tribes of the Solicitor has determined that the The primary authors of this final rule rule does not unduly burden the judicial In accordance with the President’s are the staff members of the U.S. Fish system and that it meets the memorandum of April 29, 1994 and Wildlife Service’s Species requirements of sections 3(a) and 3(b)(2) (Government-to-Government Relations Assessment Team and the Arizona of the Order. We are designating critical with Native American Tribal Ecological Services Field Office. habitat in accordance with the Governments; 59 FR 22951), Executive List of Subjects in 50 CFR Part 17 provisions of the Act. To assist the Order 13175 (Consultation and public in understanding the habitat Coordination With Indian Tribal Endangered and threatened species, needs of the species, this rule identifies Governments), and the Department of Exports, Imports, Reporting and the elements of physical or biological the Interior’s manual at 512 DM 2, we recordkeeping requirements, features essential to the conservation of readily acknowledge our responsibility Transportation. to communicate meaningfully with the species. The designated areas of Regulation Promulgation critical habitat are presented on a map, recognized Federal Tribes on a and the rule provides several options for government-to-government basis. In Accordingly, we amend part 17, the interested public to obtain more accordance with Secretarial Order 3206 subchapter B of chapter I, title 50 of the detailed location information, if desired. of June 5, 1997 (American Indian Tribal Code of Federal Regulations, as set forth Rights, Federal-Tribal Trust below: Paperwork Reduction Act of 1995 (44 Responsibilities, and the Endangered U.S.C. 3501 et seq.) Species Act), we readily acknowledge PART 17—ENDANGERED AND This rule does not contain our responsibilities to work directly THREATENED WILDLIFE AND PLANTS with Tribes in developing programs for information collection requirements, ■ and a submission to the Office of healthy ecosystems, to acknowledge that 1. The authority citation for part 17 Management and Budget (OMB) under Tribal lands are not subject to the same continues to read as follows: the Paperwork Reduction Act of 1995 controls as Federal public lands, to Authority: 16 U.S.C. 1361–1407; 1531– (44 U.S.C. 3501 et seq.) is not required. remain sensitive to Indian culture, and 1544; and 4201–4245, unless otherwise We may not conduct or sponsor and you to make information available to Tribes. noted. are not required to respond to a We determined that there are no ■ 2. Amend § 17.12(h), the List of collection of information unless it Tribal lands occupied by the beardless Endangered and Threatened Plants, by displays a currently valid OMB control chinchweed at the time of listing that adding an entry for ‘‘Pectis imberbis’’ in number. contain the physical or biological alphabetical order under FLOWERING features essential to the conservation of PLANTS to read as set forth below: National Environmental Policy Act (42 the species, and no Tribal lands U.S.C. 4321 et seq.) unoccupied by the beardless § 17.12 Endangered and threatened plants. It is our position that, outside the chinchweed that are essential to the * * * * * jurisdiction of the U.S. Court of Appeals conservation of the species. Therefore, (h) * * *

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

FLOWERING PLANTS

******* Pectis imberbis ...... Beardless chinchweed ... Wherever found ...... E 86 FR [INSERT Federal Register PAGE WHERE THE DOCUMENT BEGINS], June 15, 2021; 50 CFR 17.96(a).CH

*******

■ 3. Amend § 17.96(a) by adding an § 17.96 Critical habitat—plants. Family Asteraceae: Pectis imberbis entry, in alphabetical order, for ‘‘Family (a) Flowering plants. (Beardless Chinchweed) Asteraceae: Pectis imberbis (beardless chinchweed)’’ to read as follows: * * * * * (1) Critical habitat units are depicted for Cochise, Pima, and Santa Cruz

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Counties, Arizona, on the map in this (ii) 1,158 to 1,737 meters (3,799 to Transverse Mercator (UTM) Zone 12N entry. 5,699 feet) elevation. coordinates. The maps in this entry, as (2) Within these areas, the physical or (iii) Eroding limestone or granite modified by any accompanying biological features essential to the bedrock substrate. regulatory text, establishes the conservation of the beardless (iv) Steep, south-facing, sunny to boundaries of the critical habitat chinchweed consist of the following partially shaded hillslopes. designation. The coordinates or plot components: (v) The presence of pollinators (i.e., points or both on which each map is (i) Native-dominated plant flies, bees, and butterflies). based are available to the public at the communities, consisting of: (3) Critical habitat does not include Service’s internet site at https:// (A) Plains, great basin, and semi- manmade structures (such as buildings, www.fws.gov/southwest/es/arizona/ desert grasslands, oak savanna, or aqueducts, runways, roads, and other Docs_Species.htm and at http:// Madrean evergreen woodland; paved areas) and the land on which they www.regulations.gov at Docket No. (B) Communities dominated by are located existing within the legal FWS–R2–ES–2018–0104, and at the bunchgrasses with open spacing boundaries on the effective date of the field office responsible for this (adjacent to and within 10 meters (33 rule. designation. You may obtain field office feet) of individual beardless (4) Data layers defining map units location information by contacting one chinchweed plants) and with little were created using ArcMap version 10 of the Service regional offices, the competition from other plants; and (Environmental Systems Research addresses of which are listed at 50 CFR (C) Communities with plants for Institute, Inc.), a geographic information 2.2. pollinator foraging and nesting within 1 systems program on a base of USA Topo kilometer (0.62 miles) of beardless Maps. Critical habitat units were then (5) Note: Index map follows: chinchweed populations. mapped using NAD 1983, Universal BILLING CODE 4333–15–P

Beardless Chinchweed (Pectis imberbis) Critical Habitat Unit overview

Pima 90 County

\ I-~ Arizona \ I Cochise I, County Santa Cruz \ County Unit2 \ \ \ UnitS• • Unit6• Unit8 nit3 Unit 7 • , ______,,,.~ -----• • UNITED STATES

MEXICO - Critical Habitat ---- Rivers (i} o:=====5=--~10 Mi = Major Roads 0 5 10 Km ,-_~Slate Boundaries D County Boundanes

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(6) Unit 1: McCleary Canyon, Pima (i) Unit 1 consists of 682 hectares (ii) Map of Unit 1 follows: County, Arizona. (1,686 acres) of U.S. Forest Service lands.

Beardless Chinchweed (Pectis imberbis) Critical Habitat Unit 1: McCleary Canyon

Arizona

Pima County

Unit 1: McCleary Canyon

/ I i / \

/ i \

Santa Cruz County

• Critical Habitat D County ----Rivers 0 2 4Mi = Major Roads I r I I 0 2 4Km

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(7) Unit 2: Audubon Research Ranch, hectares (817 acres) are owned by the Management, and 121 hectares (300 Santa Cruz County, Arizona. U.S. Forest Service, 474 hectares (1,170 acres) by the Audubon Research Ranch. (i) Unit 2 consists of 926 hectares acres) by the Bureau of Land (ii) Map of Unit 2 follows: (2,287 acres) of land, of which 331

Beardless Chinchweed (Pectis imberbis) Critical Habitat Unit 2: Audubon Research Ranch

Pima County \/ 90

( ! \

Unit 2: Audubon Research Ranch

Cochise County Unit• 5

Unit• 6 Santa Cruz County

• Critical Habitat D County e ---- Rivers 0 2 4Mi = Major Roads I r I I 0 2 4Km

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(8) Unit 3: Scotia Canyon, Cochise (i) Unit 3 consists of 346 hectares (855 (ii) Map of Unit 3 follows: County, Arizona. acres) of U.S. Forest Service lands.

Beardless Chinchweed (Pectis imberbis) Critical Habitat Unit 3: Scotia Canyon

Unit 2 Cochise County Unit 5

Arizona Santa Cruz County Unit 3: Scotia• Canyon

Unit4

UNITED STATES MEXICO

• Critical Habitat~ :-state 0 ---- Rivers D County 0 2 4Mi = Major Roads I I I I 0 2 4Km

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(9) Unit 4: Coronado National (i) Unit 4 consists of 853 hectares (ii) Map of Unit 4 follows: Memorial, Cochise County, Arizona. (2,109 acres) of National Park Service lands.

Beardless Chinchweed (Pectis imberbis) Critical Habitat Unit 4: Coronado National Memorial \

Arizona Cochise County

Unit 3

• < ~---, ~ l Unit 4: Coronado======!_)=/===1 National Memorial / I

UNITED STATES / -- MEXICO

• Critical Habitat;=• state 0 ---- Rivers D County 0 2 4Mi = Major Roads I I 0 2 4Km

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(10) Unit 5: Lampshire Well, Santa (i) Unit 5 consists of 380 hectares (939 (ii) Map of Unit 5 follows: Cruz County, Arizona. acres) of U.S. Forest Service lands.

Beardless Chinchweed (Pectis imberbis) Critical Habitat Unit 5: Lampshire Canyon i Pima I County ;

I I

Santa Cruz County / I i

I Jt /J Arizona : q)' ;o!§ Unit 2

!Ii i I Unit 5: Lampshire• Canyon Unit&•

• Critical Habitat D County 0 ---- Rivers 0 2 4Mi = Major Roads I I 0 2 4Km

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(11) Unit 6: Harshaw Creek, Santa (i) Unit 6 consists of 410 hectares (ii) Map of Unit 6 follows: Cruz County, Arizona. (1,013 acres) of U.S. Forest Service lands.

Beardless Chinchweed (Pectis imberbis) Critical Habitat Unit 6: Harshaw Camp i Pima I County /

I I

Santa Cruz County ! I i

Arizona Unit2

Unit5

Unit 6: Harshaw Camp

• Critical Habitat D County 0 ---- Rivers 0 2 4Mi = Major Roads I I I I 0 2 4Km

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(12) Unit 7: Washington Camp, Santa (i) Unit 7 consists of 380 hectares (939 (ii) Map of Unit 7 follows: Cruz County, Arizona. acres) of U.S. Forest Service lands.

Beardless Chinchweed (Pectis imberbis) Critical Habitat Unit 7: Washington Camp ! i

Arizona Santa Cruz County Unit 5

~~---.,--~-­ ,,-- - ,,,,,. / Unit& -,_,/

Unit 7: Washington Camp

---. ,,------~--... ~""'~ • Santa c~;R1;;--~'

UNITED STATES MEXICO

• Critical Habitat D County ---- Rivers 0 2 4Mi = Major Roads I I I I 0 2 4Km

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(13) Unit 8: Ruby Road, Santa Cruz (i) Unit 8 consists of 314 hectares (776 (ii) Map of Unit 8 follows: County, Arizona. acres) of U.S. Forest Service lands.

Beardless Chinchweed (Pectis imberbis) Critical Habitat Unit 8: Ruby Road

Pima County

\ \ \ Arizona Santacruz County Unit 8: Ruby• Road

UNITED STATES MEXICO

• Critical Habitat~,:. state 0 ---- Rivers D County 0 2 4Mi = Major Roads I I 0 2 4Km

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* * * * * Martha Williams, Principal Deputy Director, Exercising the Delegated Authority of the Director, U.S. Fish and Wildlife Service. [FR Doc. 2021–12005 Filed 6–14–21; 8:45 am] BILLING CODE 4333–15–C

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Vol. 86 Tuesday, No. 113 June 15, 2021

Part III

Department of Commerce

National Oceanic and Atmospheric Administration Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Relocation of the Port of Alaska’s South Floating Dock, Anchorage, Alaska; Notice

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DEPARTMENT OF COMMERCE voluntarily submitted by the commenter proposed action (i.e., the issuance of an may be publicly accessible. Do not IHA) with respect to potential impacts National Oceanic and Atmospheric submit confidential business on the human environment. Administration information or otherwise sensitive or Accordingly, NMFS is preparing an protected information. Environmental Assessment (EA) to [RTID 0648–XA660] FOR FURTHER INFORMATION CONTACT: consider the environmental impacts Takes of Marine Mammals Incidental to Reny Tyson Moore, Office of Protected associated with the issuance of the Specified Activities; Taking Marine Resources, NMFS, (301) 427–8401. proposed IHA. NMFS’ EA will be made Mammals Incidental to the Relocation Electronic copies of the application and available at https://www.fisheries. of the Port of Alaska’s South Floating supporting documents, as well as a list noaa.gov/permit/incidental-take- Dock, Anchorage, Alaska of the references cited in this document, authorizations-under-marine-mammal- may be obtained online at: https:// protection-act. We will review all AGENCY: National Marine Fisheries www.fisheries.noaa.gov/permit/ comments submitted in response to this Service (NMFS), National Oceanic and incidental-take-authorizations-under- notice prior to concluding our NEPA Atmospheric Administration (NOAA), marine-mammal-protection-act. In case process or making a final decision on Commerce. of problems accessing these documents, the IHA request. ACTION: Notice; proposed incidental please call the contact listed above. Summary of Request harassment authorization; request for SUPPLEMENTARY INFORMATION: comments on proposed authorization On October 2, 2020, NMFS received a and possible Renewal. Background request from the POA for an IHA to take marine mammals incidental to pile The MMPA prohibits the ‘‘take’’ of SUMMARY: NMFS has received a request driving associated with the relocation of marine mammals, with certain from the Port of Alaska (POA) for the SFD in Knik Arm, Alaska. Revised exceptions. Sections 101(a)(5)(A) and authorization to take marine mammals applications were submitted by POA on (D) of the MMPA (16 U.S.C. 1361 et incidental to pile driving associated December 15, 2020, January 29, 2021, seq.) direct the Secretary of Commerce with the relocation of the POA’s South February 5, 2021, and March 5, 2021 (as delegated to NMFS) to allow, upon Floating Dock (SFD) in Knik Arm, that addressed comments provided by request, the incidental, but not Alaska. Pursuant to the Marine Mammal NMFS. The application was deemed intentional, taking of small numbers of Protection Act (MMPA), NMFS is adequate and complete on March 17, marine mammals by U.S. citizens who requesting comments on its proposal to 2021. Additional revised applications engage in a specified activity (other than issue an incidental harassment were submitted on March 26, 2021 and commercial fishing) within a specified authorization (IHA) to incidentally take May 14, 2021. The POA’s request is for geographical region if certain findings marine mammals during the specified take of a small number of six species of are made and either regulations are activities. NMFS is also requesting marine mammals by Level B harassment issued or, if the taking is limited to comments on a possible one-time, one- and Level A harassment. Neither the harassment, a notice of a proposed year renewal that could be issued under POA nor NMFS expects serious injury incidental take authorization may be certain circumstances and if all or mortality to result from this activity provided to the public for review. requirements are met, as described in and, therefore, an IHA is appropriate. Authorization for incidental takings Request for Public Comments at the end NMFS previously issued IHAs to the shall be granted if NMFS finds that the of this notice. NMFS will consider POA for pile driving (73 FR 41318, July taking will have a negligible impact on public comments prior to making any 18, 2008; 74 FR 35136, July 20, 2009; 81 the species or stock(s) and will not have final decision on the issuance of the FR 15048, March 21, 2016; and 85 FR an unmitigable adverse impact on the requested MMPA authorizations and 19294, April 06, 2020). The POA has availability of the species or stock(s) for agency responses will be summarized in complied with the requirements (e.g., taking for subsistence uses (where the final notice of our decision. mitigation, monitoring, and reporting) of relevant). Further, NMFS must prescribe all previous IHAs and information DATES: Comments and information must the permissible methods of taking and regarding their monitoring results may be received no later than July 15, 2021. other ‘‘means of effecting the least be found in the Effects of the Specified ADDRESSES: Comments should be practicable adverse impact’’ on the Activity on Marine Mammals and their addressed to Jolie Harrison, Chief, affected species or stocks and their Habitat and Estimated Take sections. Permits and Conservation Division, habitat, paying particular attention to Office of Protected Resources, National rookeries, mating grounds, and areas of Description of Proposed Activity Marine Fisheries Service. Written similar significance, and on the Overview comments should be submitted via availability of the species or stocks for email to [email protected]. taking for certain subsistence uses The POA is modernizing its marine Instructions: NMFS is not responsible (referred to in shorthand as terminals through the Port of Alaska for comments sent by any other method, ‘‘mitigation’’); and requirements Modernization Program (PAMP). One of to any other address or individual, or pertaining to the mitigation, monitoring the first priorities of the PAMP is to received after the end of the comment and reporting of the takings are set forth. replace the existing Petroleum Oil period. Comments, including all The definitions of all applicable MMPA Lubricants Terminal with a new attachments, must not exceed a 25- statutory terms cited above are included Petroleum Cement Terminal (PCT). megabyte file size. All comments in the relevant sections below. Phase 1 of the PCT project is complete, received are a part of the public record but for Phase 2 of the project to advance, and will generally be posted online at National Environmental Policy Act the existing SFD, a small multipurpose www.fisheries.noaa.gov/permit/ To comply with the National floating dock constructed in 2004, must incidental-take-authorizations-under- Environmental Policy Act of 1969 be relocated south of the PCT near the marine-mammal-protection-act without (NEPA; 42 U.S.C. 4321 et seq.) and southern portion of the South Backlands change. All personal identifying NOAA Administrative Order (NAO) Stabilization project. The existing information (e.g., name, address) 216–6A, NMFS must review our location of SFD will not allow docking

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operations at SFD once the PCT is Gulf of Alaska. The inlet is roughly continues to develop through February constructed due to the close proximity 20,000 square kilometers (km2; 7,700 or March (Moore et al., 2000). of one of the PCT mooring dolphins (a square miles (mi2)) in area, with Northern Cook Inlet bifurcates into structure for berthing and mooring of approximately 1,350 linear km (840 mi) Knik Arm to the north and Turnagain vessels). Therefore, it must be relocated. of coastline (Rugh et al., 2000) and an Arm to the east. The POA is located in Relocation of the SFD will include the average depth of approximately 100 the southeastern shoreline of Knik Arm removal of the existing structure, meters (m) (330 feet (ft)). Cook Inlet is in Anchorage, Alaska (Latitude 61°15′ including the access trestle and generally divided into upper and lower N, Longitude 149°52′ W; Seward gangway, and installation of twelve regions by the East and West Forelands. Meridian) (Figure 1). Knik Arm is permanent 36-inch steel pipe piles: Ten Freshwater input to Cook Inlet comes generally considered to begin at Point vertical and two battered. Construction from snowmelt and rivers, many of Woronzof, 7.4 km (4.6 mi) southwest of of the SFD will also require the which are glacially fed and carry high the POA. From Point Woronzof, Knik installation and vibratory removal of up sediment loads. Currents throughout Arm extends about 48 km (30 mi) in a to six 24- or 36-inch template piles. All Cook Inlet are strong and tidally north-northeasterly direction to the pile installation will take place from a periodic, with average velocities ranging mouths of the Matanuska and Knik floating work barge and crane with a from three to six knots (Sharma and rivers. At Cairn Point, just northeast of vibratory hammer to the greatest extent Burrell, 1970). Extensive tidal mudflats the POA, Knik Arm narrows to about 2.4 possible. An impact hammer may be occur throughout Cook Inlet, especially km (1.5 mi) before widening to as much used if a pile encounters refusal and as 8 km (5 mi) at the tidal flats cannot be advanced to the necessary tip in the upper reaches, and are exposed at low tides. northwest of Eagle Bay at the mouth of elevation with the vibratory hammer. Eagle River, which are heavily utilized An unconfined bubble curtain system Cook Inlet is a seismically active by Cook Inlet Beluga Whales (CIBWs). will be used to reduce in-water noise region susceptible to earthquakes and Approximately 60 percent of Knik Arm levels for the installation of the sixteen has some of the highest tides in North is exposed at mean lower low water vertical piles and removal of the six America (NOAA, 2015) that drive (MLLW). The intertidal (tidally temporary piles but will not be used surface circulation. Tides in Cook Inlet influenced) areas of Knik Arm, during installation of the two battered are semidiurnal, with two unequal high including those at the POA, are piles due to the angle of these piles. and low tides per tidal day (tidal day = mudflats, both vegetated and Dates and Duration 24 hours, 50 minutes). Due to Knik unvegetated, which consist primarily of Arm’s predominantly shallow depths The POA has requested that the IHA fine, silt-sized glacial flour. and narrow widths, tides near The POA’s boundaries currently be valid for one year upon issuance. In- Anchorage are greater than those in the water pile installation and removal occupy an area of approximately 129 main body of Cook Inlet. The tides at associated with SFD removal and acres. Other commercial and industrial the POA have a mean range of about 8.0 construction is anticipated to take place activities related to secure maritime m (26 ft), and the maximum water level on up to 24 nonconsecutive days operations are located near the POA on has been measured at more than 12.5 m between the date of issuance and Alaska Railroad Corporation (ARRC) November 2021. Installation of (41 ft) at the Anchorage station (NOAA, property immediately south of the POA, permanent and temporary piles is 2015). Maximum current speeds in Knik on approximately 111 acres. The PCT anticipated to take 45 minutes per pile Arm, observed during spring ebb tide, footprint spans approximately 0.87 acre with 1–3 piles being installed per day exceed 7 knots (12 feet/second). These and is approximately 0.74 km (0.46 m) over 7–18 days. Removal of six tides result in strong currents in north of Ship Creek, a location of temporary piles is anticipated to take 75 alternating directions through Knik Arm concentrated marine mammal activity minutes per pile with 1–3 piles being and a well-mixed water column. Cook during seasonal runs of several salmon removed per day over 2–6 days. All Inlet contains substantial quantities of species. Ship Creek flows into Knik Arm pile-driving will occur during daylight mineral resources, including coal, oil, through the Municipality of Anchorage hours. and natural gas. During winter, sea, industrial area. The perpendicular beach, and river ice are dominant distance to the west bank directly across Specific Geographic Region physical forces within Cook Inlet. In Knik Arm from the POA is Cook Inlet is a large tidal estuary that upper Cook Inlet, sea ice generally approximately 4.2 km (2.6 mi). exchanges waters at its mouth with the forms in October to November and BILLING CODE 3510–22–P

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149"54'0"W 149"53'30"W

61"14'0"N 1°14'0"N

Proposed South Floating Dock -- SFD Platform

-- SFD Access Trestle

South Floating Dock Piles o 36 in. Vertical Pile

o 36 in_ Battered Pile

PCT Structure

A I I I 0 50 100 Meters

149°54'0-W 149°53'30"W

Figure 1. Port of Alaska location within Knik Arm, Alaska. The existing and

proposed locations for the SFD are included for reference.

BILLING CODE 3510–22–C Inlet, the POA (Figure 1) provides infrastructure and support facilities Detailed Description of Specific Activity critical infrastructure for the citizens of were constructed largely in the 1960s. Located within the Municipality of Anchorage and a majority of the citizens Port facilities are substantially past their Anchorage on Knik Arm in upper Cook of Alaska. The POA’s existing design life, have degraded to levels of

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marginal safety, and are in many cases Relocation of the SFD will include the one pile per day. POA estimates that functionally obsolete, especially in removal of the existing structure, each of these piles could require up to regard to seismic design criteria and including the float and gangway, and 1,000 strikes, which was the mean condition. To address these installation of twelve permanent 36- number of strikes measured for 48-inch deficiencies, the POA is modernizing its inch steel piles: Four for the gangway production piles during the PCT Phase marine terminals through the PAMP. and eight for the floating dock (Table 1). 1 construction sound source verification Plans for modernization include Ten of the permanent piles will be (SSV) study (Reyff et al., 2021). It is replacing deteriorated pile-supported plumb (i.e., vertical) piles; but two of likely that the number of strikes will be infrastructure with new pile-supported these piles, located at the south corner less due to the smaller pile sizes infrastructure. One of the first priorities of the floating dock, will be battered associated with SFD. To be of the PAMP is to replace the existing piles due to lateral ice flow conditions. conservative, 1,000 strikes were used to Petroleum Oil Lubricants Terminal with Two of the permanent 36-inch gangway calculate Level A harassment zone sizes. a new structure that exceeds current piles at Bent B, the bent closest to shore, It is assumed that if a pile does require seismic standards. For the new PCT may be installed when the area is de- impact installation, the vibratory Project to advance, the existing SFD, a watered, but will likely be installed in installation time would be reduced by a small multipurpose floating dock water. Temporary template piles may be commensurate amount (i.e., 15 minutes constructed in 2004, must be relocated required to assist with permanent pile of impact installation would replace 15 south of the PCT near the southern placement and would consist of up to minutes of vibratory installation), and portion of the South Backlands six 24- or 36-inch steel pipe piles (Table the overall duration of installation Stabilization project (Figure 1). The 1): 4 For the gangway and 2 for the float. would remain the same. existing location of SFD will not allow To allow for flexibility in design, docking operations at SFD once the PCT temporary piles may be all of one size Temporary template piles (n = 6) will is constructed due to close proximity of or a combination of 24- and 36-inch be removed with a vibratory hammer one of the PCT mooring dolphins. steel pipe piles. The piles from the (Table 1). Based on an analysis of PCT The purpose of the SFD is to provide existing SFD piles will be left in place Phase 1 data, each temporary pile will staging, mooring, and docking of small and will not be removed. require approximately 75 minutes of vessels, such as first responder (e.g., All piles will be installed with a vibratory hammer removal. Knik Arm Anchorage Fire Department, U.S. Coast vibratory hammer to the greatest extent soils have demonstrated a strong set up Guard) rescue craft, small work skiffs, possible, with each pile requiring and resistance condition on temporary and occasionally tug boats, in an area approximately 45 minutes to install piles due to dense clay composition, close to the daily operations at the Port. (Table 1), based on an analysis of PCT making removal lengthier and more Upper Cook Inlet near Anchorage Phase 1 data. An impact hammer may difficult than installation. The exhibits the largest tide range in the be required if a pile encounters refusal temporary piles for the SFD will be in United States and one of the largest tide and cannot be advanced to the place for only approximately three ranges in the world, with an average necessary tip elevation with the weeks and will not be load-bearing, in daily difference between high and low vibratory hammer. Refusal criteria for a contrast to the piles used for the PCT tide of 26.2 feet and an extreme vibratory hammer is defined by the temporary trestle that were in place for difference of up to 41 feet (NOAA, hammer manufacturer and is described approximately five months and subject 2015). The ability of first responders to as the pile not advancing one foot to loads from the construction crane. conduct response operations during low within 30 seconds of vibratory hammer The temporary SFD piles will likely tide stages requires access to the SFD, as operation at full speed. Three piles have require less time for removal than PCT the waterline is inaccessible for vessels deeper embedment depth than others piles at approximately two-thirds at the Anchorage public boat launch at and may reach refusal before the duration. Based on this, the estimated Ship Creek during low tide stages. The specified minimum tip elevation. In removal time is approximately two- planned relocation of the SFD south of such a situation, an impact hammer thirds of the duration required for the new PCT structure will provide would be needed to drive these piles to vibratory removal of 36-inch temporary continuous access to the water, and their required depth. A small number of trestle piles during PCT Phase 1 relocation is needed to continue to total piles, estimated up to five piles, construction. All of the existing SFD provide timely, safe access for rescue may reach refusal before the tip float and gangway piles will remain in personnel and vessels in the northern elevation is reached, requiring up to 20 place; a vibratory hammer will not be portion of Cook Inlet. minutes of impact installation each at required for their removal. TABLE 1—PILE DETAILS AND ESTIMATED EFFORT REQUIRED FOR PILE INSTALLATION AND REMOVAL

Potential Production rate impact (piles/day) Vibratory in- Vibratory re- strikes Pipe pile Number of Number of stallation dura- moval duration per pile, Days of instal- Days of re- diameter Feature plumb piles battered tion per pile per pile if needed lation moval piles (minutes) (minutes) (up to 5 Installation Removal piles; one pile per day)

36-inch .. Floating 6 2 45...... n/a ...... 1,000 1–3 n/a 4–12 n/a Dock. Gangway 4 0 n/a ...... 1,000 1–3 n/a n/a 24- or Tem- 6 0 45...... 75 ...... 1,000 1–2 1–3 3–6 2–6 36-inch. porary Tem- plate Piles.

Project Totals 16 2 13.5 hours ...... 7.5 hours ...... 7–18 2–6

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The POA will use an unconfined Description of Marine Mammals in the Committee on Taxonomy (2019). PBR is bubble curtain noise attenuation system Area of Specified Activities defined by the MMPA as the maximum to mitigate noise propagation during number of animals, not including There are six species of marine vibratory installation and potential natural mortalities, that may be removed mammals that may be found in upper impact installation of the ten permanent from a marine mammal stock while Cook Inlet during the proposed pile plumb piles and six temporary plumb allowing that stock to reach or maintain driving activities. Sections 3 and 4 of piles and vibratory removal of the six its optimum sustainable population (as the POA’s application summarize temporary piles when water depth is described in NMFS’s SARs). While no available information regarding status deep enough to deploy a bubble curtain mortality is anticipated or authorized and trends, distribution and habitat (approximately 3 m). Pile installation or here, PBR and annual serious injury and removal in the dry, which is a preferences, and behavior and life history, of the potentially affected mortality from anthropogenic sources completely de-watered state, is unlikely are included here as gross indicators of but, if it occurs, will be conducted species. Additional information regarding population trends and threats the status of the species and other without a bubble curtain. A bubble threats. curtain will not be used with the two may be found in NMFS’ Stock battered piles due to the angle of Assessment Reports (SARs; https:// Marine mammal abundance estimates installation. Use of an unconfined www.fisheries.noaa.gov/national/ presented in this document represent bubble curtain is proposed instead of a marine-mammal-protection/marine- the total number of individuals that confined bubble curtain in order to mammal-stock-assessments), and more make up a given stock or the total reduce the need for additional template general information about these species number estimated within a particular piles that would be required to stabilize (e.g., physical and behavioral study or survey area. NMFS’ stock a confined bubble curtain. descriptions) may be found on NMFS’s abundance estimates for most species All pile installation will take place website (https://www.fisheries. represent the total estimate of from a floating work barge and crane. A noaa.gov/find-species). Additional individuals within the geographic area, marine-based operation is required information on CIBWs may be found in if known, that comprises that stock. For because of the extreme tidal range, NMFS’ 2016 Recovery Plan for the some species, this geographic area may which precludes use of a land-based CIBW (Delphinapterus leucas), available extend beyond U.S. waters. All managed crane in the absence of a temporary online at https://www.fisheries. stocks in this region are assessed in support trestle. The floating work barge noaa.gov/resource/document/recovery- NMFS’ U.S. 2019 SARs (e.g., Muto et al., will require sufficient water depth for plan-cook-inlet-beluga-whale- 2020a) and 2020 draft SARs (Muto et al., support. Opportunities to install piles delphinapterus-leucas. 2020b). All values presented in Table 2 when the project site is dewatered will Table 2 lists all species or stocks for are the most recent available at the time be limited. Piles will be installed in which take is expected and proposed to of publication and are available in the water and multiple piles will likely not be authorized for this action and 2019 SARs (Muto et al., 2020a) and 2020 be driven concurrently. summarizes information related to the draft SARs (Muto et al., 2020b) Proposed mitigation, monitoring, and population or stock, including (available online at: https:// reporting measures are described in regulatory status under the MMPA and www.fisheries.noaa.gov/national/ detail later in this document (please see Endangered Species Act (ESA) and marine-mammal-protection/draft- Proposed Mitigation and Proposed potential biological removal (PBR), marine-mammal-stock-assessment- Monitoring and Reporting). where known. For taxonomy, we follow reports). TABLE 2—MARINE MAMMAL SPECIES POTENTIALLY OCCURRING IN UPPER COOK INLET, ALASKA

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

Family Balaenopteridae (rorquals): Humpback whale ...... Megaptera novaeangliae ...... Western North Pacific ...... E/D; Y 1,107 (0.3, 865, 2006) .... 3 2.8 Central North Pacific ...... I -/-; Y I 10,103 (0.3, 7890, 2006) 83 I 26 Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Delphinidae: Beluga whale ...... Delphinapterus leucas ...... Cook Inlet ...... E/D; Y 279 (0.06, 267, 2018) ..... 0.53 0 Killer whale ...... Orcinus orca ...... Alaska Resident ...... -/-; N 2,347 (N/A, 1102,347, 24 1 2012). Alaska Transient ...... -/-; N 587 (N/A, 587, 2012) ...... 5.87 0.8 Family Phocoenidae (por- poises): Harbor porpoise ...... Phocoena ...... Gulf of Alaska ...... -/-; Y 31,046 (0.214, N/A, Undet 72 1998).

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): Steller sea lion ...... Eumetopias jubatus ...... Western ...... E/D; Y 53,932 (N/A, 52,932 318 255 2013). Family Phocidae (earless seals): I I I

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TABLE 2—MARINE MAMMAL SPECIES POTENTIALLY OCCURRING IN UPPER COOK INLET, ALASKA—Continued

ESA/ Stock MMPA abundance Annual Common name Scientific name Stock status; PBR (CV, N , most recent M/SI 3 strategic min abundance survey) 2 (Y/N) 1

Harbor seal ...... Phoca vitulina ...... Cook Inlet/Shelikof ...... -/-; N 28,411 (N/A, 26,907, 807 107 2018). 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable because it has not been calculated. 3 These values, found in NMFS’ SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mor- tality due to commercial fisheries is presented in some cases.

As indicated above, all six species veterinarians determined the whale was Alaska are members of the Hawaii DPS, (with six managed stocks) in Table 2 in fair to poor condition (see https:// 11 percent are from the Mexico DPS, temporally and spatially co-occur with www.fisheries.noaa.gov/feature-story/ and less than 1 percent are from the the activity to the degree that take is alaska-gray-whale-ume-update- western North Pacific DPS (Wade et al., reasonably likely to occur, and we have twentymile-river-whale-likely-one- 2016). The Hawaii DPS is not listed proposed authorizing it. Marine twelve-dead-gray-whales for more under the ESA, the Mexico DPS is listed mammals occurring in Cook Inlet that information). With very few exceptions, as threatened, and the Western North are not expected to be observed in the minke whales, gray whales, and Dall’s Pacific DPS is listed as endangered project area and for which take is not porpoises do not occur in upper Cook under the ESA. Members of different proposed include gray whales Inlet; and, therefore, take of these DPSs are known to intermix in feeding (Eschrichtius robustus), minke whales species is not requested in this grounds; therefore, all waters off the (Balaenoptera acutorostrata), and Dall’s application. coast of Alaska should be considered to porpoise (Phocoenoides dalli). Data In addition, sea otters (Enhydra lutris) have ESA-listed humpback whales. from the Alaska Marine Mammal may be found in Cook Inlet. However, NMFS is in the process of reviewing Stranding Network database (NMFS, sea otters are managed by the U.S. Fish humpback whale stock structure under unpublished data) provide additional and Wildlife Service (USFWS) and are the MMPA in light of the 14 DPSs support for the determination that these not considered further in this document. established under the ESA. species rarely occur in upper Cook Inlet. Since 2011, only one minke whale and Humpback Whale Humpback whales are encountered one Dall’s porpoise have been Currently, three stocks of humpback regularly in lower Cook Inlet and documented as stranded in the portion whales are recognized in the North occasionally in mid-Cook Inlet; of Cook Inlet north of Point Possession. Pacific, migrating between their however, sightings are rare in upper Both were dead upon discovery; it is respective summer/fall feeding areas Cook Inlet (e.g., Witteveen et al., 2011). unknown if they were alive upon their and winter/spring calving and mating There have been few sightings of entry into upper Cook Inlet or drifted areas (Baker et al., 1998; Calambokidis humpback whales near the project area. into the area with the tides. No gray et al., 1997): (1) The California/Oregon/ Humpback whales were not whales were reported as stranded in Washington and Mexico stock, (2) the documented during POA construction upper Cook Inlet during this time Central North Pacific stock, and (3) the or scientific monitoring from 2005 to period; however, one juvenile gray Western North Pacific stock. Humpback 2011 or during 2016 (Cornick and whale was observed on May 24, 2020 whales from the Western North Pacific Pinney, 2011; Cornick and Saxon- during PCT Phase 1 construction breeding stock overlap broadly on Kendall, 2008, 2009; Cornick and monitoring (61 North Environmental, summer feeding grounds with whales Seagars, 2016; Cornick et al., 2010, 2021). This whale was first observed from the Central North Pacific breeding 2011; ICRC, 2009, 2010a, 2011a, 2012; mid-inlet off Port MacKenzie then stock, as well as with whales that winter Markowitz and McGuire, 2007; Prevel- travelled along the southeastern shore of in the Revillagigedo Islands in Mexico Ramos et al., 2006). Observers Knik Arm until it was last sighted near (Muto et al., 2020a, 2020b). Despite this monitoring the Ship Creek Small Boat Point Woronzof. On May 27, 2020, there overlap, the whales seasonally found in Launch from August 23 to September were reports that a juvenile gray whale, Cook Inlet are probably of the Central 11, 2017, recorded two sightings, each believed to be the same whale, was North Pacific stock (Muto et al., 2020a, of a single humpback whale, which was stranded in the Twentymile River, at the 2020b). The Central North Pacific stock presumed to be the same individual. eastern end of Turnagain Arm, winters in Hawaii (Baker et al., 1986) One other humpback whale sighting has approximately 50 mi southeast of Knik and summers from British Columbia to been recorded for the immediate Arm. The animal remained in the river the Aleutian Islands (Calambokidis et vicinity of the project area. This event for a week, before swimming out of the al., 1997), including Cook Inlet. involved a stranded whale that was river. The whale later stranded and died The humpback whale ESA listing sighted near a number of locations in about 25 mi away at the mouth of the final rule (81 FR 62259, September 8, upper Cook Inlet before washing ashore Theodore River on June 12, 2020. No in 2016) delineated 14 Distinct Population at Kincaid Park in 2017; it is unclear as water pile installation occurred on 23 to Segments (DPSs) with different listing to whether the humpback whale was 25 May, and there is no indication that statuses. The most comprehensive alive or deceased upon entering Cook work at the PCT had any effect on the photo-identification data available Inlet waters. No humpbacks were animal. Based on photos and video suggest that approximately 89 percent of observed from April–November 2020 NMFS collected of the whale, all humpback whales in the Gulf of during Phase 1 PCT construction

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monitoring (61 North Environmental, vulnerable to major environmental probability of a population decline) 2021). changes. (Shelden et al., 2017). The latest The Central North Pacific stock is the estimates suggest that this rate has Beluga Whale focus of a large whale-watching industry further increased to 2.3 percent decline in its wintering grounds (Hawaii) and The CIBW stock is a small, per year from 2008 to 2018, with a 99.7 summering grounds (Alaska). The geographically isolated population percent probability of population growth of the whale-watching industry separated from other beluga whale decline in the future (Wade et al., 2019, is an ongoing concern as preferred populations by the Alaska Peninsula. Muto et al., 2020b). No human-caused habitats may be abandoned if The population is genetically distinct mortality or serious injury of CIBWs has disturbance levels are too high (Muto et from other Alaska populations, been recently documented. al., 2020a, 2020b). Other potential suggesting the peninsula is an effective The current best abundance estimate impacts include elevated levels of barrier to genetic exchange (O’Corry- of the CIBW population from the aerial sound from anthropogenic sources (e.g., Crowe et al., 1997). The CIBW survey data is 279 (95 percent shipping, military sonars), harmful algal population is estimated to have probability interval 250 to 317). This is blooms (Geraci et al., 1989), possible declined from 1,300 animals in the based on the estimate of smoothed changes in prey distribution with 1970s (Calkins, 1989) to about 340 abundance for 2018, as described in climate change, entanglement in fishing animals in 2014 (Shelden et al., 2015), Sheldon and Wade (2019). A gear, ship strikes due to increased vessel and to 279 animals in 2018 (Wade et al., comparison of the population estimates traffic (e.g., from increased shipping in 2019). The precipitous decline over time is presented in Figure 2. higher latitudes and through the Bering documented in the mid-1990s was While Sheldon and Wade (2019) Sea with changes in sea-ice coverage), attributed to unsustainable subsistence provides explanations for the and oil and gas activities. An intentional practices by Alaska Native hunters differences between model results, unauthorized take of a humpback whale (harvest of >50 whales per year) including inadequacies and biases, the by Alaska Natives in Toksook Bay was (Mahoney and Shelden, 2000). authors do not postulate on the reason documented in 2016 (Muto et al., 2020a, Harvesting of CIBWs has not occurred for population decline in general (which 2020b); however, no subsistence use of since 2008 (NMFS, 2008). was evident using both models); humpback whales occurs in Cook Inlet. Despite protection from hunting and however, recent literature suggests prey Humpback whale populations were other threats, this stock has not reductions may be a critical contributing considerably reduced as a result of rebounded and continues to decline factor (Norman et al., 2019). This is not intensive commercial exploitation (Wade et al., 2019, Muto et al., 2020b). unexpected as reduced prey availability during the 20th century. Currently, the The population was declining at the end has been directly linked to increased overall trend for most humpback whale of the period of unregulated harvest, mortality and reduced health and populations found in U. S. waters is with the relatively steep decline ending survival of other marine mammals positive and points toward recovery (81 in 1999, coincident with harvest populations such as the Southern FR 62259; September 8, 2016); however, removals dropping from an estimated 42 Resident killer whale (e.g., Ward et al., this may not be uniform for all breeding in 1998 to just 0 to 2 whales per year 2009, Wasser et al., 2017) and California areas. A sharp decline in observed in 2000 to 2006 (and with no removals sea lion (e.g., McClatchie et al., 2016). reproduction and encounter rates of after 2006). From 1999 to 2016, the rate The CIBW stock was designated as humpback whales from the Central of decline of the population was depleted under the MMPA in 2000 (65 North Pacific stock between 2013 and estimated to be 0.4 percent (SE = 0.6 FR 34590; May 21, 2000) and listed as 2018 has been related to oceanographic percent) per year, with a 73 percent endangered under the ESA in 2008 (73 anomalies and consequent impacts on probability of a population decline. This FR 62919; October 22, 2008). Therefore, prey resources (Cartwright et al., 2019), rate increased from 2006 to 2016 to 0.5 the CIBW stock is considered a strategic suggesting that humpback whales are percent per year, (with a 70 percent stock.

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eHobbsN ■ BoydN ■ 400 ------■ 1---~---~---8 i / 1------r--+------~- ! ■ ■ 250 ------■--·---- ■

200 ------2004 2005 2008 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2017 2018..... Survey year

Figure 2. Annual estimates of abundance for both group size estimation methods. The moving average of each set of estimates is also plotted. Taken from Sheldon and Wade (2019).

Mortality related to live stranding have large tidal ranges, strong currents, al., 2015a, 2018; Lowery et al., 2019). events, where a CIBW group strands as and extensive mudflats. Another source NMFS designated two areas, consisting the tide recedes, has been regularly of CIBW mortality in Cook Inlet is of 7,809 km2 (3,016 mi2) of marine and observed in upper Cook Inlet. Most predation by transient-type (mammal- estuarine environments, considered whales involved in a live stranding eating) killer whales (NMFS, 2016a; essential for the species’ survival and event survive, although some associated Sheldon et al., 2003). recovery as critical habitat (76 FR deaths may not be observed if the In its Recovery Plan (NMFS, 2016a), 20180; April 11, 2011). However, in whales die later from live-stranding- NMFS identified several threats to recent years the range of the CIBW related injuries (Vos and Shelden, 2005, CIBWs. Potential threats include: (1) whale has contracted to the upper Burek-Huntington et al., 2015). Between High concern: Catastrophic events (e.g., reaches of Cook Inlet because of the 2014 and 2018, there were reports of natural disasters, spills, mass decline in the population (Rugh et al., approximately 79 CIBWs involved in strandings), cumulative effects of 2010), and almost the entire population three known live stranding events, plus multiple stressors, and noise; (2) can be found in northern Cook Inlet one suspected live stranding event with medium concern: Disease agents (e.g., from late spring through the summer two associated deaths reported (NMFS, pathogens, parasites, and harmful algal and into the fall (Muto et al., 2020b). 2016a; NMFS, unpubl. Data, Muto et al., blooms), habitat loss or degradation, Area 1 of the CIBW critical habitat 2020b). In 2014, necropsy results from reduction in prey, and unauthorized encompasses all marine waters of Cook two whales found in Turnagain Arm take; and (3) low concern: Pollution, Inlet north of a line connecting Point suggested that a live stranding event predation, and subsistence harvest. The Possession (61.04° N, 150.37° W) and contributed to their deaths as both had recovery plan did not treat climate the mouth of Three Mile Creek aspirated mud and water. No live change as a distinct threat but rather as (61.08.55° N, 151.04.40° W), including stranding events were reported prior to a consideration in the threats of high waters of the Susitna, Little Susitna, and the discovery of these dead whales, and medium concern. Other potential Chickaloon Rivers below mean higher suggesting that not all live stranding threats most likely to result in direct high water. This area provides events are observed. A CIBW calf that human-caused mortality or serious important habitat during ice-free stranded alive in 2017 was sent to the injury of this stock include ship strikes. months and is used intensively by Alaska SeaLife Center for rehabilitation The CIBW stock remains within Cook CIBWs between April and November and then transferred to SeaWorld in San Inlet throughout the year, showing only (NMFS, 2016a). The POA, the adjacent Antonio, Texas, in 2018. Most live small seasonal shifts in distribution navigation channel, and the turning strandings occur in Knik Arm and (Goetz et al., 2012a, Lammers et al., basin were excluded from critical Turnagain Arm, which are shallow and 2013, Castallotte et al., 2015; Shelden et habitat designation due to national

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security reasons (76 FR 20180; April 11, al., 2013). More recently, the Marine (NMFS, 2016a), primarily in upper Cook 2011). More information on CIBW Mammal Lab has conducted long-term Inlet. The only known observed critical habitat can be found at https:// passive acoustic monitoring occurrence of calving occurred on July www.fisheries.noaa.gov/action/critical- demonstrating seasonal shifts in CIBW 20, 2015, in the Susitna Delta area (T. habitat-cook-inlet-beluga-whale. concentrations throughout Cook Inlet. McGuire, pers. comm. March 27, 2017). Aerial surveys were conducted by Castellote et al. (2015) conducted long- The first neonates encountered during NMFS each year during from 1994 to term acoustic monitoring at 13 locations each field season from 2005 through 2012 (Rugh et al., 2000, 2005; Shelden throughout Cook Inlet between 2008 2015 were always seen in the Susitna et al., 2013, 2019) to document and 2015: North Eagle Bay, Eagle River River Delta in July. The photographic distribution and abundance of CIBWs. Mouth, South Eagle Bay, Six Mile, Point identification team’s documentation of NMFS changed to a biennial survey MacKenzie, Cairn Point, Fire Island, the dates of the first neonate of each schedule starting in 2014 after analysis Little Susitna, Beluga River, Trading year indicate that calving begins in mid- showed there would be little reduction Bay, Kenai River, Tuxedni Bay, and late July/early August, generally in the ability to detect a trend given the Homer Spit; the former six stations coinciding with the observed timing of current growth rate of the population being located within Knik Arm. In annual maximum group size. Probable (Hobbs, 2013). The collective survey general, the observed seasonal mating behavior of CIBWs was observed results show that CIBWs have been distribution is in accordance with in April and May of 2014, in Trading consistently found near or in river descriptions based on aerial surveys and Bay. Young CIBWs are nursed for two mouths along the northern shores of satellite telemetry: CIBW detections are years and may continue to associate upper Cook Inlet (i.e., north of East and higher in the upper inlet during with their mothers for a considerable West Foreland). In particular, CIBW summer, peaking at Little Susitna, time thereafter (Colbeck et al., 2013). groups are seen in the Susitna River Beluga River, and Eagle Bay, followed The POA conducted dedicated Delta, Knik Arm, and along the shores by fewer detections at those locations monitoring during PCT Phase 1 of Chickaloon Bay. Small groups have during winter. Higher detections in construction between April and also been recorded farther south in winter at Trading Bay, Kenai River, and November 2020 (61 North Kachemak Bay, Redoubt Bay (Big River), Tuxedni Bay suggest a broader CIBW Environmental, 2021). In total, protected and Trading Bay (McArthur River) prior distribution in the lower inlet during species observers (PSOs) observed 245 to 1996 but very rarely thereafter. Since winter. groups of approximately 987 CIBWs the mid-1990s, most (96 to 100 percent) CIBWs are generally concentrated near the POA (group sizes ranged from CIBWs in upper Cook Inlet have been near the warmer waters of river mouths 1 to 53 individuals), with the most concentrated in shallow areas near river during the spring and summer because number of individuals and groups being mouths (Sheldon et al., 2015), no longer that is where prey availability is high seen in August (N = 56 groups of 274 occurring in the central or southern and predator occurrence is low (Moore individuals) and September (N = 73 portions of Cook Inlet (Hobbs et al., et al., 2000). Goetz et al. (2012b) groups of 276 individuals). CIBWs were 2008). Based on these aerial surveys, the modeled habitat preferences using observed in every month of the project concentration of CIBWs in the NMFS’ 1994–2008 June abundance (except during October, which only northernmost portion of Cook Inlet survey data. In large areas, such as the included three project and monitoring appears to be consistent from June to Susitna Delta (Beluga to Little Susitna days) with the highest sightings per unit October (Rugh et al., 2000, 2004a, Rivers) and Knik Arm, there was a high effort, measured as CIBWs per hour of 2004b, 2005, 2006, 2007). Research probability that CIBWs were in larger observation, occurring at the end of reports generated from the surveys can group sizes. CIBW presence also August and beginning of September. be found at https://www.fisheries. increased closer to rivers with Chinook Killer Whale noaa.gov/alaska/endangered-species- salmon (Oncorhynchus tshawytscha) conservation/research-reports-and- runs, such as the Susitna River. Killer whales are found throughout publications-cook-inlet-beluga-whales. Movement has been correlated with the the North Pacific Ocean. Along the west Though CIBWs can be found peak discharge of seven major rivers coast of North America, seasonal and throughout the inlet at any time of year, emptying into Cook Inlet. Boat-based year-round occurrence of killer whales they spend the ice-free months generally surveys from 2005 to the present occur has been noted along the entire in the upper Cook Inlet, shifting into the (McGuire and Stephens, 2017) and Alaska coast (Braham and Dahlheim, middle and lower Inlet in winter (Hobbs results from passive acoustic monitoring 1982), in British Columbia and et al., 2005). In 1999, one CIBW was across the entire inlet (Castellote et al., Washington inland waterways (Bigg et tagged with a satellite transmitter, and 2015) also support seasonal patterns al., 1990), and along the outer coasts of its movements were recorded from June observed with other methods. Based on Washington, Oregon, and California through September of that year. Since long-term passive acoustic monitoring, (Green et al., 1992; Barlow 1995, 1997; 1999, 18 CIBWs in upper Cook Inlet seasonally, foraging behavior was more Forney et al., 1995). Killer whales from have been captured and fitted with prevalent during summer, particularly these areas have been labeled as satellite tags to provide information on at upper inlet rivers, than during winter. ‘‘resident,’’ ‘‘transient,’’ and ‘‘offshore’’ their movements during late summer, Foraging index was highest at Little type killer whales (Bigg et al., 1990, fall, winter, and spring (Goetz et al., Susitna, with a peak in July–August and Ford et al., 2000, Dahlheim et al., 2008) 2012a; Shelden et al., 2015a, 2018). All a secondary peak in May, followed by based on aspects of morphology, tagged CIBWs remained in Cook Inlet Beluga River and then Eagle Bay; ecology, genetics, and behavior (Ford (Shelden et al., 2015a, 2018). Most monthly variation in the foraging index and Fisher, 1982; Baird and Stacey, tagged whales were in the lower to indicates CIBWs shift their foraging 1988; Baird et al., 1992; Hoelzel et al., middle inlet (70 to 100 percent of tagged behavior among these three locations 1998, 2002; Barrett Lennard, 2000; whales) during January through March, from April through September. Dahlheim et al., 2008). Two stocks of near the Susitna River Delta from April CIBWs in Cook Inlet are believed to killer whales may be present in upper to July (60 to 90 percent of tagged mostly calve between mid-May and Cook Inlet: The Eastern North Pacific whales) and in the Knik and Turnagain mid-July, and concurrently breed Alaska Resident stock and the Gulf of Arms from August to December (Ezer et between late spring and early summer Alaska, Aleutian Islands, and Bering Sea

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Transient stock. Both ecotypes overlap management purposes: Southeast addition, the trend of this stock is in the same geographic area; however, Alaska, Gulf of Alaska, and Bering Sea unknown given existing data is more they maintain social and reproductive Stocks (Muto et al., 2020b). Porpoises than eight years old. NMFS considers isolation and feed on different prey found in Cook Inlet belong to the Gulf this stock strategic because the level of species. of Alaska Stock, which is distributed mortality and serious injury would While there have been some anecdotal from Cape Suckling to Unimak Pass. likely exceed the PBR level if we had reports of killer whales feeding on Although harbor porpoises have been accurate information on stock structure, CIBWs in upper Cook Inlet, sightings in frequently observed during aerial a newer abundance estimate, and this region and near the POA are rare surveys in Cook Inlet (Shelden et al., complete fisheries observer coverage. (e.g., NMFS, 2016a; Sheldon et al., 2014), most sightings are of single Given their shallow water distribution, 2003). During aerial surveys conducted animals and are concentrated at harbor porpoise are vulnerable to between 1993 and 2004 in Cook Inlet, Chinitna and Tuxedni bays on the west physical modifications of nearshore killer whales were only observed on side of lower Cook Inlet (Rugh et al., habitats resulting from urban and three flights, and all sightings were 2005). The occurrence of larger numbers industrial development (including located in the Kachemak and English of porpoise in the lower Cook Inlet may waste management and nonpoint source Bay area, south of the POA (Rugh et al., be driven by greater availability of runoff) and activities such as 2005). Acoustic monitoring carried out preferred prey and possibly less construction of docks and other over- by Castellote et al. (2016) between 2008 competition with CIBWs, as CIBWs water structures, filling of shallow areas, and 2013 only detected one transient move into upper inlet waters to forage dredging, and noise (Linnenschmidt et killer whale at Beluga River, located on Pacific salmon during the summer al., 2013). Subsistence users have not along the western shore of Cook Inlet, months (Shelden et al., 2014). reported any harvest from the Gulf of west of the POA. Surveys conducted by There has been an increase in harbor Alaska harbor porpoise stock since the Funk et al., (2005), Ireland et al., (2005), porpoise sightings in upper Cook Inlet early 1900s (Shelden et al., 2014). Brueggeman et al., (2007, 2008a, 2008b), over the past two decades (Shelden et and McGuire et al., (2020) did not al., 2014). Small numbers of harbor Steller Sea Lion observe killer whales in the vicinity of porpoises have been consistently Steller sea lions inhabiting Cook Inlet or north of the POA. Lastly, killer reported in upper Cook Inlet between belong to the Western distinct whales were not observed during POA April and October (Prevel-Ramos et al., population segment (WDPS), and this is construction or scientific monitoring 2008). Harbor porpoises have been the stock considered in this analysis. from 2005 to 2011, during the 2016 Test observed within Knik Arm during NMFS defines the Steller sea lion WDPS Pile Program (TPP), or during Phase 1 of monitoring efforts since 2005. During as all populations west of longitude the PCT project carried out between POA construction from 2005 through 144° W to the western end of the April–November 2020 (61 North 2011 and in 2016, harbor porpoises Aleutian Islands. The most recent Environmental, 2021). Therefore, very were reported in 2009, 2010, and 2011 comprehensive aerial photographic and few killer whales, if any, are expected (Cornick and Saxon-Kendall, 2008, land-based surveys of WDPS Steller sea to approach or be near the project area 2009; Cornick and Seagars, 2016; lions in Alaska were conducted during during construction of the SFD. Cornick et al., 2010, 2011; Markowitz the 2018 (Aleutian Islands west of Killer whales are not harvested for and McGuire, 2007; Prevel-Ramos et al., Shumagin Islands) and 2019 (Southeast subsistence in Alaska. Potential threats 2006). In 2009, 20 harbor porpoises Alaska and Gulf of Alaska east of most likely to result in direct human- were observed during construction Shumagin Islands) breeding seasons caused mortality or serious injury of monitoring, with sightings in June, July, (Sweeney et al., 2018, 2019). The WDPS killer whales in this region include oil August, October, and November. Harbor of Steller sea lions is currently listed as spills, vessel strikes, and interactions porpoises were observed twice in 2010, endangered under the ESA (55 FR with fisheries. Based on currently once in July and again in August. In 49204, November 26, 1990) and available data, a minimum estimate of 2011, POA monitoring efforts designated as depleted under the the mean annual mortality and serious documented harbor porpoises five MMPA. NMFS designated critical injury rate for both the Alaska Residents times, with a total of six individuals, in habitat on August 27, 1993 (58 FR and Gulf of Alaska, Aleutian Islands, August, October, and November at the 45269). The critical habitat designation and Bering Sea Transient stocks due to POA (Cornick et al., 2011). During other for the WDPS of Steller sea lions was U.S. commercial fisheries is less than 10 monitoring efforts conducted in Knik determined to include a 37 km (20 nm) percent of the PBR and, therefore, is Arm, there were four sightings of harbor buffer around all major haul-outs and considered to be insignificant and porpoises in 2005 (Shelden et al., 2014), rookeries, and associated terrestrial, approaching zero mortality and serious and a single harbor porpoise was atmospheric, and aquatic zones, plus injury rate. Therefore, neither stock is observed within the vicinity of the POA three large offshore foraging areas, none classified as a strategic stock (Muto et in October 2007. More recent of which occurs in the project area. al., 2020b). monitoring conducted during Phase 1 Steller sea lions feed largely on walleye PCT construction documented 15 pollock, salmon, and arrowtooth Harbor Porpoise groups (18 individuals) of harbor flounder during the summer, and Harbor porpoises primarily frequent porpoises near the POA between April walleye pollock and Pacific cod during the coastal waters of the Gulf of Alaska and November 2020 (group sizes ranged the winter (Sinclair and Zeppelin, and Southeast Alaska (Dahlheim et al., 1–2 individuals) (61 North 2002). Except for salmon, none of these 2000, 2009), typically occurring in Environmental, 2021). are found in abundance in upper Cook waters less than 100 m deep (Hobbs and Estimates of human-caused mortality Inlet (Nemeth et al., 2007). Waite, 2010). Harbor porpoise prefer and serious injury from stranding data Within Cook Inlet, Steller sea lions nearshore areas, bays, tidal areas, and and fisherman self-reports are primarily inhabit lower Cook Inlet. river mouths (Dahlheim et al., 2000, underestimates because not all animals However, they occasionally venture to 2009, 2015; Hobbs and Waite, 2010). In strand or are self-reported nor are all upper Cook Inlet and Knik Arm and Alaskan waters, NMFS has designated stranded animals found, reported, or may be attracted to salmon runs in the three stocks of harbor porpoises for have the cause of death determined. In region. Steller sea lions have been

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observed near the POA in 2009 (ICRC near sea lions, and regulation of commonly observed along the Susitna 2009), 2016 (Cornick and Seagars, 2016), fisheries for sea lion prey species (e.g., River and other tributaries within upper and in 2020 during Phase 1 PCT walleye pollock, Pacific cod, and Atka Cook Inlet during eulachon and salmon construction monitoring (61 North mackerel) (Sinclair et al., 2013, Tollit et migrations (NMFS, 2003). The major Environmental, 2021). During POA al., 2017). Additionally, potentially haulout sites for harbor seals are located construction monitoring in June of 2009, deleterious events, such as harmful algal in lower Cook Inlet with fewer sites in a Steller sea lion was documented three blooms (Lefebvre et al., 2016) and upper Cook Inlet (Montgomery et al., times (within the same day) in Knik disease transmission across the Arctic 2007). In the project area (Knik Arm), Arm and was believed to be the same (VanWormer et al., 2019) that have been harbor seals tend to congregate near the individual (ICRC, 2009). In 2016, Steller associated with warming waters, could mouth of Ship Creek (Cornick et al., sea lions were observed on two separate lead to potentially negative population- 2011; Shelden et al., 2013), likely days. On May 2, 2016, one individual level impacts on Steller sea lions. foraging on salmon and eulachon runs. was sighted. On May 25, 2016, there Harbor Seal Approximately 138 harbor seals were were five Steller sea lion sightings observed during POA monitoring prior within a 50-minute period, and these Harbor seals inhabit coastal and to 2020, with sightings ranging from sightings occurred in areas relatively estuarine waters off Baja California, three individuals in 2008 to 59 close to one another suggesting they north along the western coasts of the individuals in 2011. During 2020 PCT were likely the same animal (Cornick United States, British Columbia, and Phase 1 construction monitoring, harbor and Seagars, 2016). Most recently, up to Southeast Alaska, west through the Gulf seals were regularly observed in the six Steller sea lions were sighted across of Alaska and Aleutian Islands, and in vicinity of the POA with frequent four days between May 29 and June 24, the Bering Sea north to Cape Newenham observations near the mouth of Ship 2020 during Phase PCT 1 construction and the Pribilof Islands. They haul out Creek, located approximately 700 m monitoring (61 North Environmental, on rocks, reefs, beaches, and drifting southeast of the SFD location. From 27 2021). At least two of these sightings glacial ice and feed in marine, estuarine, April through 24 November 2020, a total may have been re-sights on the same and occasionally fresh waters. Harbor of 340 individual harbor seals were individual. An additional seven seals generally are non-migratory, with observed (61 North Environmental, unidentified pinnipeds were observed local movements associated with such 2021). An additional seven unidentified that could have been Steller sea lions or factors as tides, weather, season, food pinnipeds were observed that could harbor seals (61 North Environmental, availability, and reproduction (Scheffer have been Steller sea lions or harbor and Slipp, 1944; Fisher, 1952; Bigg, 2021). seals. Harbor seals were observed almost 1969, 1981; Hastings et al., 2004). NMFS The minimum estimated mean annual daily during construction, with 54 currently identifies twelve stocks of level of human-caused mortality and individuals documented in July, 66 harbor seals based largely on genetic serious injury for Western U.S. Steller documented in August, and 44 sighted structure (Muto et al., 2020a). Harbor sea lions between 2014 and 2018 is 255 in September (61North Environmental, seals from the Cook Inlet/Shelikof Strait sea lions: 38 in U.S. commercial 2021). fisheries, 0.8 in unknown (commercial, stock, which ranges from the southwest recreational, or subsistence) fisheries, tip of Unimak Island east along the The most current population trend 3.2 in marine debris, 3.6 due to other southern coast of the Alaska Peninsula estimate of the Cook Inlet/Shelikof causes (arrow strike, entangled in to Elizabeth Island off the southwest tip Strait stock is approximately –111 seals hatchery net, illegal shooting, mortality of the Kenai Peninsula, including Cook per year, with a probability that the incidental to Marine Mammal Inlet, Knik Arm, and Turnagain Arm, stock is decreasing of 0.609 (Muto et al., Protection Act (MMPA) authorized are considered in this analysis. 2020a). The estimated level of human- research), and 209 in the Alaska Native Harbor seals belonging to this stock caused mortality and serious injury for subsistence harvest (Muto et al., 2020b). inhabit the coastal and estuarine waters this stock is 234 seals, of which 233 However, there are multiple nearshore of Cook Inlet and are observed in both seals are taken for subsistence uses. commercial fisheries which are not upper and lower Cook Inlet throughout Between 2013 and 2017, there were two observed; thus, there is likely to be most of the year (Boveng et al., 2012; reports of Cook Inlet/Shelikof Strait unreported fishery-related mortality and Shelden et al., 2013). Research on harbor seal mortality and serious injury serious injury of Steller sea lions. satellite-tagged harbor seals conducted due to entanglements in fishing gear, Several factors may have been between 2004 and 2006 observed including one in a Cook Inlet salmon set important drivers of the decline of the several movement patterns within Cook gillnet in 2014 and one in an stock. However, there is uncertainty Inlet (Boveng et al., 2012), including a unidentified net in 2017, resulting in a about threats currently impeding their strong seasonal pattern of more coastal mean annual mortality and serious recovery, particularly in the Aleutian and restricted spatial use during the injury rate of 0.4 harbor seals from this Islands. Many factors have been spring and summer (breeding, pupping, stock due to interactions with unknown suggested as causes of the steep decline molting) and more wide-ranging (commercial, recreational, or in abundance of western Steller sea movements within and outside of Cook subsistence) fisheries (Muto et al., lions observed in the 1980s, including Inlet during the winter months, with 2020a). Additional potential threats competitive effects of fishing, some seals ranging as far as Shumigan most likely to result in direct human- environmental change, disease, Islands. During summer months, caused mortality or serious injury for all contaminants, killer whale predation, movements and distribution was mostly stocks of harbor seals in Alaska include incidental take, and illegal and legal confined to the west side of Cook Inlet unmonitored subsistence harvests, shooting (Atkinson et al., 2008; NMFS, and Kachemak Bay, and seals captured incidental takes in commercial fisheries, 2008a). A number of management in lower Cook Inlet generally exhibited illegal shooting, and entanglements in actions have been implemented since site fidelity by remaining south of the marine debris (Delean et al., 2020, Muto 1990 to promote the recovery of the Forelands in lower Cook Inlet after et al., 2020a). Disturbance by cruise Western U.S. stock of Steller sea lions, release (Boveng et al., 2012). vessels is an additional threat for harbor including 3-nmi no-entry zones around The presence of harbor seals in upper seal stocks that occur in glacial fjords rookeries, prohibition of shooting at or Cook Inlet is seasonal. Harbor seals are (Jansen et al., 2010, 2015; Matthews et

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al., 2016). The average annual harvest of anthropogenic sound can have measurements of hearing ability have this stock of harbor seals between 2004 deleterious effects. To appropriately been successfully completed for and 2008 was 233 seals per year. The assess the potential effects of exposure mysticetes (i.e., low-frequency annual harvest in 2014 was 104 seals to sound, it is necessary to understand cetaceans). Subsequently, NMFS (2018) (Muto et al., 2020a). This stock is not the frequency ranges marine mammals described generalized hearing ranges for designated as depleted under the are able to hear. Current data indicate these marine mammal hearing groups. MMPA or listed as threatened or that not all marine mammal species Generalized hearing ranges were chosen endangered under the ESA, and the have equal hearing capabilities (e.g., based on the approximately 65 decibel minimum estimate of the mean annual Richardson et al., 1995; Wartzok and (dB) threshold from the normalized level of human-caused mortality and Ketten, 1999; Au and Hastings, 2008). composite audiograms, with the To reflect this, Southall et al., (2007) serious injury does not exceed PBR; exception for lower limits for low- recommended that marine mammals be therefore, the Cook Inlet/Shelikof Strait frequency cetaceans where the lower stock of harbor seals is not classified as divided into functional hearing groups bound was deemed to be biologically a strategic stock (Muto et al., 2020a). based on directly measured or estimated hearing ranges on the basis of available implausible and the lower bound from Marine Mammal Hearing behavioral response data, audiograms Southall et al., (2007) retained. Marine Hearing is the most important sensory derived using auditory evoked potential mammal hearing groups and their modality for marine mammals techniques, anatomical modeling, and associated hearing ranges are provided underwater, and exposure to other data. Note that no direct in Table 3.

TABLE 3—MARINE MAMMAL HEARING GROUPS [NMFS, 2018]

Generalized hearing Hearing group range *

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

The pinniped functional hearing Estimated Take section later in this above that of the ambient sound, with group was modified from Southall et al. document includes a quantitative negligibly small fluctuations in level (2007) on the basis of data indicating analysis of the number of individuals (NIOSH, 1998; ANSI, 2005), while that phocid species have consistently that are expected to be taken by this intermittent sounds are defined as demonstrated an extended frequency activity. The Negligible Impact Analysis sounds with interrupted levels of low or range of hearing compared to otariids, and Determination section considers the no sound (NIOSH, 1998). Impulsive especially in the higher frequency range content of this section, the Estimated sounds, such as those generated by (Hemila¨ et al., 2006; Kastelein et al., Take section, and the Proposed impact pile driving, are typically 2009; Reichmuth and Holt, 2013). Mitigation section, to draw conclusions transient, brief (<1 sec), broadband, and For more detail concerning these regarding the likely impacts of these consist of a high peak pressure with groups and associated frequency ranges, activities on the reproductive success or rapid rise time and rapid decay (ANSI, please see NMFS (2018) for a review of survivorship of individuals and how available information. Six marine those impacts on individuals are likely 1986; NIOSH, 1998). The majority of mammal species (four cetacean and two to impact marine mammal species or energy in pile impact pulses is at pinniped (one otariid and one phocid) stocks. frequencies below 500 hertz (Hz). species) have the reasonable potential to Impulsive sounds, by definition, are co-occur with the proposed construction Description of Sound Sources intermittent. Non-impulsive sounds, activities. Please refer to Table 2. Of the The primary relevant stressor to such as those generated by vibratory cetacean species that may be present, marine mammals from the proposed pile driving, can be broadband, one is classified as low-frequency activity is the introduction of noise into narrowband or tonal, brief or prolonged, cetaceans (i.e., all mysticete species), the aquatic environment; therefore, we and typically do not have a high peak two are classified as mid-frequency focus our impact analysis on the effects sound pressure with rapid rise/decay cetaceans (i.e., all delphinid and ziphiid of anthropogenic noise on marine time that impulsive sounds do (ANSI, species and the sperm whale), and one mammals. To better understand the 1995; NIOSH, 1998). Non-impulsive is classified as high-frequency cetaceans potential impacts of exposure to pile sounds can be intermittent or (i.e., harbor porpoise and Kogia spp.). driving noise, we describe sound source continuous. Similar to impact pile characteristics below. Specifically, we driving, vibratory pile driving generates Potential Effects of Specified Activities look at the following two ways to low frequency sounds. Vibratory pile on Marine Mammals and Their Habitat characterize sound: by its temporal (i.e., driving is considered a non-impulsive, This section includes a summary and continuous or intermittent) and its pulse discussion of the ways that components (i.e., impulsive or non-impulsive) continuous source. Discussion on the of the specified activity may impact properties. Continuous sounds are those appropriate harassment threshold marine mammals and their habitat. The whose sound pressure level remains associated with these types of sources

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based on these characteristics can be which, for signals of high intensity, the indicate that a 40 dB threshold shift found in the Estimated Take section. received level is sufficient to potentially approximates PTS onset (see NMFS Potential Effects of Pile Driving—In cause discomfort or tissue damage to 2018 for review). general, the effects of sounds from pile auditory or other systems. Overlaying Temporary Threshold Shift—NMFS driving to marine mammals might result these zones to a certain extent is the defines TTS as a temporary, reversible in one or more of the following: area within which masking (i.e., when a increase in the threshold of audibility at Temporary or permanent hearing sound interferes with or masks the a specified frequency or portion of an impairment, non-auditory physical or ability of an animal to detect a signal of individual’s hearing range above a physiological effects, behavioral interest that is above the absolute previously established reference level disturbance, and masking (Richardson hearing threshold) may occur; the (NMFS, 2018). Based on data from et al., 1995; Nowacek et al., 2007; masking zone may be highly variable in cetacean TTS measurements (see Southall et al., 2007). The potential for size. Finneran 2015 for a review), a TTS of and magnitude of these effects are We describe the more severe effects 6 dB is considered the minimum dependent on several factors, including (i.e., permanent hearing impairment, threshold shift clearly larger than any receiver characteristics (e.g., age, size, certain non-auditory physical or day-to-day or session-to-session depth of the marine mammal receiving physiological effects) only briefly as we variation in a subject’s normal hearing the sound during exposure); the energy do not expect that there is a reasonable ability (Schlundt et al., 2000; Finneran needed to drive the pile (usually related likelihood that POA’s activities would et al., 2000; Finneran et al., 2002). to pile size, depth driven, and result in such effects (see below for Depending on the degree (elevation of substrate), the standoff distance between further discussion). threshold in dB), duration (i.e., recovery the pile and receiver; and the sound NMFS defines a noise-induced time), and frequency range of TTS, and propagation properties of the threshold shift (TS) as ‘‘a change, the context in which it is experienced, environment. usually an increase, in the threshold of TTS can have effects on marine Impacts to marine mammals from pile audibility at a specified frequency or mammals ranging from discountable to driving activities are expected to result portion of an individual’s hearing range serious (similar to those discussed in primarily from acoustic pathways. As above a previously established reference auditory masking, below). For example, such, the degree of effect is intrinsically level’’ (NMFS, 2016b). The amount of a marine mammal may be able to readily related to the received level and threshold shift is customarily expressed compensate for a brief, relatively small duration of the sound exposure, which in dB (ANSI 1995, Yost 2007). A TS can amount of TTS in a non-critical are in turn influenced by the distance be permanent (PTS) or temporary (TTS). frequency range that takes place during between the animal and the source. The As described in NMFS (2018), there are a time when the animal is traveling further away from the source, the less numerous factors to consider when through the open ocean, where ambient intense the exposure should be. The examining the consequence of TS, noise is lower and there are not as many type of pile driving also influences the including, but not limited to, the signal competing sounds present. type of impacts, for example, exposure temporal pattern (e.g., impulsive or non- Alternatively, a larger amount and to impact pile driving may result in impulsive), likelihood an individual longer duration of TTS sustained during temporary or permanent hearing would be exposed for a long enough time when communication is critical for impairment, while auditory impacts are duration or to a high enough level to successful mother/calf interactions unlikely to result from exposure to induce a TS, the magnitude of the TS, could have more serious impacts. We vibratory pile driving. The substrate and time to recovery (seconds to minutes or note that reduced hearing sensitivity as depth of the habitat affect the sound hours to days), the frequency range of a simple function of aging has been propagation properties of the the exposure (i.e., spectral content), the observed in marine mammals, as well as environment. Shallow environments are hearing and vocalization frequency humans and other taxa (Southall et al., typically more structurally complex, range of the exposed species relative to 2007), so we can infer that strategies which leads to rapid sound attenuation. the signal’s frequency spectrum (i.e., exist for coping with this condition to In addition, substrates that are soft (e.g., how animal uses sound within the some degree, though likely not without sand) absorb or attenuate the sound frequency band of the signal; e.g., cost. more readily than hard substrates (e.g., Kastelein et al., 2014), and the overlap Schlundt et al. (2000) performed a rock) which may reflect the acoustic between the animal and the source (e.g., study exposing five bottlenose dolphins wave. Soft porous substrates also likely spatial, temporal, and spectral). When and two beluga whales (same require less time to drive the pile, and analyzing the auditory effects of noise individuals as Finneran’s studies) to possibly less forceful equipment, which exposure, it is often helpful to broadly intense one second tones at different ultimately decrease the intensity of the categorize sound as either impulsive— frequencies. The resulting levels of acoustic source. noise with high peak sound pressure, fatiguing stimuli necessary to induce 6 Richardson et al., (1995) described short duration, fast rise-time, and broad dB or larger masked TTSs were zones of increasing intensity of effect frequency content—or non-impulsive. generally between 192 and 201 dB re: 1 that might be expected to occur, in When considering auditory effects, microPascal (mPa). Dolphins began to relation to distance from a source and vibratory pile driving is considered a exhibit altered behavior at levels of 178– assuming that the signal is within an non-impulsive source while impact pile 193 dB re: 1mPa and above; beluga animal’s hearing range. First is the area driving is treated as an impulsive whales displayed altered behavior at within which the acoustic signal would source. 180–196 dB re: 1 mPa and above. At the be audible (potentially perceived) to the Permanent Threshold Shift—NMFS conclusion of the study, all thresholds animal, but not strong enough to elicit defines PTS as a permanent, irreversible were at baseline values. any overt behavioral or physiological increase in the threshold of audibility at There are a limited number of studies response. The next zone corresponds a specified frequency or portion of an investigating the potential for cetacean with the area where the signal is audible individual’s hearing range above a TTS from pile driving and only one has to the animal and of sufficient intensity previously established reference level elicited a small amount of TTS in a to elicit behavioral or physiological (NMFS, 2018). Available data from single harbor porpoise individual responsiveness. Third is a zone within humans and other terrestrial mammals (Kastelein et al., 2015). However,

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captive bottlenose dolphins and beluga individuals but also within an impacts of the change are unlikely to be whales have exhibited changes in individual, depending on previous significant to the individual, let alone behavior when exposed to pulsed experience with a sound source, the stock or population. However, if a sounds (Finneran et al., 2000, 2002, context, and numerous other factors sound source displaces marine 2005). The animals tolerated high (Ellison et al., 2012), and can vary mammals from an important feeding or received levels of sound before depending on characteristics associated breeding area for a prolonged period, exhibiting aversive behaviors. with the sound source (e.g., whether it impacts on individuals and populations Experiments on a beluga whale showed is moving or stationary, number of could be significant (e.g., Lusseau and that exposure to a single watergun sources, distance from the source). In Bejder, 2007; Weilgart, 2007; NRC, impulse at a received level of 207 general, pinnipeds seem more tolerant 2005). However, there are broad kiloPascal (kPa) (30 psi) p-p, which is of, or at least habituate more quickly to, categories of potential response, which equivalent to 228 dB p-p, resulted in a potentially disturbing underwater sound we describe in greater detail here, that 7 and 6 dB TTS in the beluga whale at than do cetaceans, and generally seem include alteration of dive behavior, 0.4 and 30 kHz, respectively. to be less responsive to exposure to alteration of foraging behavior, effects to Thresholds returned to within 2 dB of industrial sound than most cetaceans. breathing, interference with or alteration the pre-exposure level within four Please see Appendices B–C of Southall of vocalization, avoidance, and flight. minutes of the exposure (Finneran et al., et al. (2007) for a review of studies Changes in dive behavior can vary 2002). Although the source level of pile involving marine mammal behavioral widely and may consist of increased or driving from one hammer strike is responses to sound. decreased dive times and surface expected to be lower than the single Habituation can occur when an intervals as well as changes in the rates watergun impulse cited here, animals animal’s response to a stimulus wanes of ascent and descent during a dive (e.g., being exposed for a prolonged period to with repeated exposure, usually in the Frankel and Clark, 2000; Costa et al., repeated hammer strikes could receive absence of unpleasant associated events 2003; Ng and Leung, 2003; Nowacek et more sound exposure in terms of SEL (Wartzok et al., 2003). Animals are most al., 2004; Goldbogen et al., 2013a,b). than from the single watergun impulse likely to habituate to sounds that are Variations in dive behavior may reflect (estimated at 188 dB re 1 mPa2-s) in the predictable and unvarying. It is interruptions in biologically significant aforementioned experiment (Finneran et important to note that habituation is activities (e.g., foraging) or they may be al., 2002). Results of these studies appropriately considered as a of little biological significance. The suggest odontocetes are susceptible to ‘‘progressive reduction in response to impact of an alteration to dive behavior TTS from pile driving, but that they stimuli that are perceived as neither resulting from an acoustic exposure seem to recover quickly from at least aversive nor beneficial,’’ rather than as, depends on what the animal is doing at small amounts of TTS. more generally, moderation in response the time of the exposure and the type to human disturbance (Bejder et al., and magnitude of the response. Behavioral Responses—Behavioral 2009). The opposite process is Disruption of feeding behavior can be disturbance may include a variety of sensitization, when an unpleasant difficult to correlate with anthropogenic effects, including subtle changes in experience leads to subsequent sound exposure, so it is usually inferred behavior (e.g., minor or brief avoidance responses, often in the form of by observed displacement from known of an area or changes in vocalizations), avoidance, at a lower level of exposure. foraging areas, the appearance of more conspicuous changes in similar As noted above, behavioral state may secondary indicators (e.g., bubble nets behavioral activities, and more affect the type of response. For example, or sediment plumes), or changes in dive sustained and/or potentially severe animals that are resting may show behavior. As for other types of reactions, such as displacement from or greater behavioral change in response to behavioral response, the frequency, abandonment of high-quality habitat. disturbing sound levels than animals duration, and temporal pattern of signal Disturbance may result in changing that are highly motivated to remain in presentation, as well as differences in durations of surfacing and dives, an area for feeding (Richardson et al., species sensitivity, are likely number of blows per surfacing, or 1995; NRC, 2003; Wartzok et al., 2003). contributing factors to differences in moving direction and/or speed; Controlled experiments with captive response in any given circumstance reduced/increased vocal activities; marine mammals have showed (e.g., Croll et al., 2001; Nowacek et al., changing/cessation of certain behavioral pronounced behavioral reactions, 2004; Madsen et al., 2006; Yazvenko et activities (such as socializing or including avoidance of loud sound al., 2007). A determination of whether feeding); visible startle response or sources (Ridgway et al., 1997; Finneran foraging disruptions incur fitness aggressive behavior (such as tail/fluke et al., 2003). Observed responses of wild consequences would require slapping or jaw clapping); avoidance of marine mammals to loud pulsed sound information on or estimates of the areas where sound sources are located. sources (typically seismic airguns or energetic requirements of the affected Pinnipeds may increase their haul-out acoustic harassment devices) have been individuals and the relationship time, possibly to avoid in-water varied but often consist of avoidance between prey availability, foraging effort disturbance (Thorson and Reyff, 2006). behavior or other behavioral changes and success, and the life history stage of Behavioral responses to sound are suggesting discomfort (Morton and the animal. highly variable and context-specific and Symonds 2002; see also Richardson et Variations in respiration naturally any reactions depend on numerous al., 1995; Nowacek et al., 2007). vary with different behaviors and intrinsic and extrinsic factors (e.g., Available studies show wide variation alterations to breathing rate as a species, state of maturity, experience, in response to underwater sound; function of acoustic exposure can be current activity, reproductive state, therefore, it is difficult to predict expected to co-occur with other auditory sensitivity, time of day), as specifically how any given sound in a behavioral reactions, such as a flight well as the interplay between factors particular instance might affect marine response or an alteration in diving. (e.g., Richardson et al., 1995; Wartzok et mammals perceiving the signal. If a However, respiration rates in and of al., 2003; Southall et al., 2007; Weilgart, marine mammal does react briefly to an themselves may be representative of 2007; Archer et al., 2010). Behavioral underwater sound by changing its annoyance or an acute stress response. reactions can vary not only among behavior or moving a small distance, the Various studies have shown that

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respiration rates may either be marine mammals to anthropogenic Stress responses—An animal’s unaffected or could increase, depending signals exist, although observations of perception of a threat may be sufficient on the species and signal characteristics, flight responses to the presence of to trigger stress responses consisting of again highlighting the importance in predators have occurred (Connor and some combination of behavioral understanding species differences in the Heithaus, 1996). The result of a flight responses, autonomic nervous system tolerance of underwater noise when response could range from brief, responses, neuroendocrine responses, or determining the potential for impacts temporary exertion and displacement immune responses (e.g., Seyle, 1950; resulting from anthropogenic sound from the area where the signal provokes Moberg, 2000). In many cases, an exposure (e.g., Kastelein et al., 2001, flight to, in extreme cases, marine animal’s first and sometimes most 2005b, 2006; Gailey et al., 2007). mammal strandings (Evans and economical (in terms of energetic costs) Marine mammals vocalize for England, 2001). However, it should be response is behavioral avoidance of the different purposes and across multiple noted that response to a perceived potential stressor. Autonomic nervous modes, such as whistling, echolocation predator does not necessarily invoke system responses to stress typically click production, calling, and singing. flight (Ford and Reeves, 2008), and involve changes in heart rate, blood Changes in vocalization behavior in whether individuals are solitary or in pressure, and gastrointestinal activity. response to anthropogenic noise can groups may influence the response. These responses have a relatively short occur for any of these modes and may Behavioral disturbance can also duration and may or may not have a result from a need to compete with an impact marine mammals in more subtle significant long-term effect on an increase in background noise or may ways. Increased vigilance may result in animal’s fitness. reflect increased vigilance or a startle costs related to diversion of focus and Neuroendocrine stress responses often response. For example, in the presence attention (i.e., when a response consists involve the hypothalamus-pituitary- of potentially masking signals, of increased vigilance, it may come at adrenal system. Virtually all humpback whales and killer whales the cost of decreased attention to other neuroendocrine functions that are have been observed to increase the critical behaviors such as foraging or affected by stress—including immune length of their songs (Miller et al., 2000; resting). These effects have generally not competence, reproduction, metabolism, Fristrup et al., 2003; Foote et al., 2004), been demonstrated for marine and behavior—are regulated by pituitary while right whales (Eubalaena glacialis) mammals, but studies involving fish hormones. Stress-induced changes in have been observed to shift the and terrestrial animals have shown that the secretion of pituitary hormones have frequency content of their calls upward increased vigilance may substantially been implicated in failed reproduction, while reducing the rate of calling in reduce feeding rates (e.g., Beauchamp altered metabolism, reduced immune areas of increased anthropogenic noise and Livoreil 1997; Fritz et al, 2002; competence, and behavioral disturbance (Parks et al., 2007). In some cases, Purser and Radford, 2011). In addition, (e.g., Moberg, 1987; Blecha, 2000). animals may cease sound production chronic disturbance can cause Increases in the circulation of during production of aversive signals population declines through reduction glucocorticoids are also equated with (Bowles et al., 1994). of fitness (e.g., decline in body stress (Romano et al., 2004). Avoidance is the displacement of an condition) and subsequent reduction in The primary distinction between individual from an area or migration reproductive success, survival, or both stress (which is adaptive and does not path as a result of the presence of a (e.g., Harrington and Veitch, 1992; Daan normally place an animal at risk) and sound or other stressors, and is one of et al., 1996; Bradshaw et al., 1998). ‘‘distress’’ is the cost of the response. the most obvious manifestations of However, Ridgway et al. (2006) reported During a stress response, an animal uses disturbance in marine mammals that increased vigilance in bottlenose glycogen stores that can be quickly (Richardson et al., 1995). For example, dolphins exposed to sound over a five- replenished once the stress is alleviated. gray whales (Eschrictius robustus) are day period did not cause any sleep In such circumstances, the cost of the known to change direction—deflecting deprivation or stress effects. stress response would not pose serious from customary migratory paths—in Many animals perform vital functions, fitness consequences. However, when order to avoid noise from seismic such as feeding, resting, traveling, and an animal does not have sufficient surveys (Malme et al., 1984). Avoidance socializing, on a diel cycle (24-hour energy reserves to satisfy the energetic may be short-term, with animals cycle). Disruption of such functions costs of a stress response, energy returning to the area once the noise has resulting from reactions to stressors resources must be diverted from other ceased (e.g., Bowles et al., 1994; Goold, such as sound exposure are more likely functions. This state of distress will last 1996; Stone et al., 2000; Morton and to be significant if they last more than until the animal replenishes its Symonds, 2002; Gailey et al., 2007). one diel cycle or recur on subsequent energetic reserves sufficient to restore Longer-term displacement is possible, days (Southall et al., 2007). normal function. however, which may lead to changes in Consequently, a behavioral response Relationships between these abundance or distribution patterns of lasting less than one day and not physiological mechanisms, animal the affected species in the affected recurring on subsequent days is not behavior, and the costs of stress region if habituation to the presence of considered particularly severe unless it responses are well-studied through the sound does not occur (e.g., could directly affect reproduction or controlled experiments and for both Blackwell et al., 2004; Bejder et al., survival (Southall et al., 2007). Note that laboratory and free-ranging animals 2006; Teilmann et al., 2006). there is a difference between multi-day (e.g., Holberton et al., 1996; Hood et al., A flight response is a dramatic change substantive behavioral reactions and 1998; Jessop et al., 2003; Krausman et in normal movement to a directed and multi-day anthropogenic activities. For al., 2004; Lankford et al., 2005). Stress rapid movement away from the example, just because an activity lasts responses due to exposure to perceived location of a sound source. for multiple days does not necessarily anthropogenic sounds or other stressors The flight response differs from other mean that individual animals are either and their effects on marine mammals avoidance responses in the intensity of exposed to activity-related stressors for have also been reviewed (Fair and the response (e.g., directed movement, multiple days or, further, exposed in a Becker, 2000; Romano et al., 2002b, rate of travel). Relatively little manner resulting in sustained multi-day Wright et al., 2007) and, more rarely, information on flight responses of substantive behavioral responses. studied in wild populations (e.g.,

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Romano et al., 2002a). For example, in 2008 and was observed on 21 sensors or environment are being Rolland et al., (2012) found that noise occasions. No acute behavioral severely masked could also be impaired reduction from reduced ship traffic in responses were documented. Mean from maximizing their performance the Bay of Fundy was associated with group size decreased during pile fitness in survival and reproduction. decreased stress in North Atlantic right driving; however, this difference was Masking, which can occur over large whales. These and other studies lead to not statistically significant. There were temporal and spatial scales, can a reasonable expectation that some significant differences in group potentially affect the species at marine mammals will experience composition before and during pile population, community, or even physiological stress responses upon driving between monthly CIBW sighting ecosystem levels, as well as individual exposure to acoustic stressors and that rates and monthly pile driving rates levels. Masking affects both senders and it is possible that some of these would with more white (i.e., older) animals receivers of the signals and could have be classified as ‘‘distress.’’ In addition, being present during pile driving. long-term chronic effects on marine any animal experiencing TTS would During PCT construction monitoring, mammal species and populations. likely also experience stress responses behaviors of CIBWs groups were Masking occurs at the frequency band (NRC, 2003). compared by month and by construction which the animals utilize so the Specific to CIBWs, we have several activity (61 North Environmental, 2021). frequency range of the potentially years of marine mammal monitoring Little variability was evident in the masking sound is important in data demonstrating the behavioral behaviors recorded from month to determining any potential behavioral month, or between sightings that impacts. Pile driving generates low responses to pile driving at the POA. coincided with in-water pile installation frequency sounds; therefore, mysticete Previous pile driving activities range and removal and those that did not. One foraging is likely more affected than from the installation and removal of minor difference was a slightly higher odontocetes given very high frequency sheet pile driving to installation of 48- incidence of milling behavior during the echolocation clicks (typically associated in pipe piles with both vibratory and periods of no pile driving and slightly with odontocete foraging) are likely impact hammers, and vibratory higher rates of traveling behavior during unmasked to any significant degree. installation of 72-inch air bubble periods when CIBWs were potential However, lower frequency man-made casings. Kendall and Cornick (2015) disturbed by pile driving. sounds may affect communication provide a comprehensive overview of Acoustically, Kendall et al. (2013) signals when they occur near the sound four years of scientific marine mammal only recorded echolocation clicks and band and thus reduce the monitoring conducted during the POA’s no whistles or noisy vocalizations near communication space of animals (e.g., Expansion Project. These were construction activity at the POA. CIBWs Clark et al., 2009) and cause increased observations made independent of pile have been occasionally documented to stress levels (e.g., Foote et al., 2004; Holt driving activities (i.e., not construction forage around Ship Creek (south of the et al., 2009). based PSOs). The authors investigated POA) but, during pile driving, may Moreover, even within a given CIBWs behavior before and during pile choose to move past the POA to other, species, different types of man-made driving activity at the POA. Sighting potentially richer, feeding areas further noises may results in varying degrees of rates, mean sighting duration, behavior, into Knik Arm (e.g., Six Mile Creek, masking. For example, Erbe (1997) and mean group size, group composition, Eagle River, Eklutna River). These Erbe and Farmer (1998) analyzed the and group formation were compared locations contain predictable salmon effect of masking of beluga calls by between the two periods. A total of runs (ADF&G, 2010), an important food exposing a trained beluga to icebreaker about 2,329 h of sampling effort was source for CIBWs, and the timing of propeller noise, an icebreaker’s bubbler completed across 349 d from 2005 to these runs has been correlated with system, and ambient Arctic ice cracking 2009. Overall, 687 whales in 177 groups CIBW movements into the upper noise, and found that the latter was the were documented during the 69 days reaches of Knik Arm (Ezer et al., 2013). least problematic for the whale that whales were sighted. A total of 353 detecting the calls. Sheifele et al. (2005) Auditory Masking and 1,663 hours of pile driving took studied a population of belugas in the place in 2008 and 2009, respectively. Since many marine mammals rely on St. Lawrence River Estuary to determine There was no relationship between sound to find prey, moderate social whether beluga vocalizations showed monthly CIBW sighting rates and interactions, and facilitate mating intensity changes in response to monthly pile driving rates (r = 0.19, p (Tyack, 2008), noise from anthropogenic shipping noise. This type of behavior = 0.37). Sighting rates before (n = 12; sound sources can interfere with these has been observed in humans and is 0.06 ± 0.01) and during (n = 13; 0.01 ± functions, but only if the noise spectrum known as the Lombard vocal response 0.03) pile driving were not significantly overlaps with the hearing sensitivity of (Lombard, 1911). Sheifele et al. (2005) different. However, sighting duration of the marine mammal (Southall et al., demonstrated that shipping noise did CIBWs decreased significantly during 2007; Clark et al., 2009; Hatch et al., cause belugas to vocalize louder. The pile driving (39 ± 6 min before and 18 2012). Chronic exposure to excessive, acoustic behavior of this same ± 3 min during). There were also though not high-intensity, noise could population of belugas was studied in the significant differences in behavior cause masking at particular frequencies presence of ferry and small boat noise. before versus during pile driving. for marine mammals that utilize sound Lesage et al. (1999) described more CIBWs primarily traveled through the for vital biological functions (Clark et persistent vocal responses when whales study area both before and during pile al., 2009). Acoustic masking is when were exposed to the ferry than to the driving; however, traveling increased other noises such as from human small-boat noise. These included a relative to other behaviors during pile sources interfere with animal detection progressive reduction in calling rate driving. Suspected feeding decreased of acoustic signals such as while vessels were approaching, an during pile driving although the sample communication calls, echolocation increase in the repetition of specific size was low as feeding was observed on sounds, and environmental sounds calls, and a shift to higher frequency only two occasions before pile driving important to marine mammals. bands used by vocalizing animals when and on zero occasions during pile Therefore, under certain circumstances, vessels were close to the whales. The driving. Documentation of milling began marine mammals whose acoustical authors concluded that these changes,

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and the reduction in calling rate to with highest levels in August. In through fall for foraging and nursery almost silence, may reduce addition to the concentrated shipping habitat. However, the POA, the adjacent communication efficiency which is noise at Cairn Point, a combination of navigation channel, and the turning critical for a species of a gregarious unknown noise classes occurred in this basin were excluded from critical nature. However, the authors also stated area, particularly during summer. habitat designation due to national that because of the gregarious nature of Specifically, unknown up or down security concerns (76 FR 20180; April belugas, this ‘‘would not pose a serious sweeps, unidentified, unclassed 11, 2011). Foraging primarily occurs at problem for intraherd communication’’ machinery, and unidentified clank or river mouths (e.g., Susitna Delta, Eagle of belugas given the short distance bang noise classes were all documented. River flats) which are unlikely to be between group members, and concluded In contrast, Eagle River (north of the influenced by pile driving activities. a noise source would have to be very POA and where CIBWs concentrate to The Susitna Delta is more than 20 km close to potentially limit any forage) was the quietest of all sampled from the POA and Cairn Point is likely communication within the beluga group locations. to impede any pile driving noise from (Lesage et al., 1999). However, Sensitivity in CIBW hearing may propagating into northern Knik Arm. Of increasing the intensity or repetition make them more susceptible to masking. the 245 CIBW groups observed during rate, or shifting to higher frequencies The first empirical hearing data of a PCT construction monitoring, only two when exposed to shipping noise (from CIBW was recently obtained by Mooney groups were suspected to be feeding (61 merchant, whale watching, ferry and et al., (2020), who used auditory evoked North Environmental, 2021). One of small boats), is indicative of an increase potentials to measure the hearing of a these groups (n = 4 CIBWs) was of energy costs (Bradbury and wild, stranded CIBW as part of its observed on May 7, 2020, a non-pile Vehrencamp, 1998). rehabilitation assessment. The CIBW driving day, approximately 142 m away exhibited broadband (4–128 kHz) and Marine mammals in Cook Inlet are from the PCT. The other group (n = 3 sensitive hearing (<80 dB) for a wide continuously exposed to anthropogenic CIBWs) was observed on July 14, 2020 range of frequencies (16–80 kHz), with noise which may lead to some during impact installation of an the audiogram shape and waveforms habituation but is also a source of attenuated 48-inch pile. These CIBWs generally reflective of a sensitive masking (Castellote et al., 2019, Mooney were suspected to be foraging in odontocete’s auditory system without et al., 2020). A subsample (8756 hours) Bootleggers Cove, approximately 1,399 substantial hearing loss (Mooney et al., m way from the PCT and outside the of the acoustic recordings collected by 2020). This sensitivity suggests that the Cook Inlet Beluga Acoustics respective Level B harassment zone (824 CIBWs are susceptible to masking from m). It was unclear whether or not research program in Cook Inlet, Alaska, a variety of anthropogenic sources in from July 2008 to May 2013, were feeding occurred during pile driving Cook Inlet. activities (61 North Environmental, analyzed to describe anthropogenic Potential Pile Driving Effects on 2021). sources of underwater noise, acoustic Prey—Pile driving produces continuous, characteristics, and frequency of non-impulsive (i.e., vibratory pile Acoustic habitat is the soundscape occurrence and evaluate the potential driving) sounds and intermittent, pulsed which encompasses all of the sound for acoustic impact to CIBWs. As (i.e., impact driving) sounds. Fish react present in a particular location and described in Castellote et al., (2016), a to sounds that are especially strong and/ time, as a whole, when considered from total of 13 sources of noise were or intermittent low-frequency sounds. the perspective of the animals identified: commercial ship, dredging, Short duration, sharp sounds can cause experiencing it. Animals produce sound helicopter, jet aircraft (commercial or overt or subtle changes in fish behavior for, or listen for sounds produced by, non-fighter), jet aircraft (military and local distribution. Hastings and conspecifics (communication during fighter), outboard engine (small skiffs, Popper (2005) identified several studies feeding, mating, and other social rafts), pile driving, propeller aircraft, that suggest fish may relocate to avoid activities), other animals (finding prey sub-bottom profiler, unclassified certain areas of sound energy. or avoiding predators) and the physical machinery (continuous mechanical Additional studies have documented environment (finding suitable habitats, sound; e.g., engine), unidentified ‘clank’ effects of pile driving on fish, although navigating). Together, sounds made by or ‘bang’ (impulsive mechanical sound; several are based on studies in support animals and the geophysical e.g., barge dumping), unidentified of large, multiyear bridge construction environment (e.g., produced by (unclassifiable anthropogenic sound), projects (e.g., Scholik and Yan, 2001, earthquakes, lightning, wind, rain, unknown up- or down-sweep 2002; Popper and Hastings, 2009). waves) make up the natural (modulated tone of mechanical origin; Sound pressure levels (SPLs) of contributions to the total acoustics of a e.g., hydraulics). A total of 6263 sufficient strength have been known to place. These acoustic conditions, anthropogenic acoustic events were cause injury to fish and fish mortality termed acoustic habitat, are one detected and classified, which had a (summarized in Popper et al., 2014). attribute of an animal’s total habitat. total duration of 1025 hours and The most likely impact to fish from pile Soundscapes are also defined by, and represented 11.7 percent of the sound driving activities at the project area acoustic habitat influenced by, the total recordings analyzed. There was strong would be temporary behavioral contribution of anthropogenic sound. variability in source diversity, loudness, avoidance of the area. The duration of This may include incidental emissions distribution, and seasonal occurrence of fish avoidance of this area after pile from sources such as vessel traffic or noise, which reflects the many different driving stops is unknown, but a rapid may be intentionally introduced to the activities within the Cook Inlet. Cairn return to normal recruitment, marine environment for data acquisition Point was the location where the distribution and behavior is anticipated. purposes (as in the use of airgun arrays loudness and duration of commercial As discussed in the Marine Mammal or other sources). Anthropogenic noise ship noise events were most section above, NMFS designated CIBW varies widely in its frequency content, concentrated, due to activities at the critical habitat in Knik Arm. Knik Arm duration, and loudness and these POA. This specific source of is Type 1 habitat for the CIBWs, which characteristics greatly influence the anthropogenic noise was present in the means it is the most valuable, used potential habitat-mediated effects to recordings from all months analyzed, intensively by CIBWs from spring marine mammals (please see also the

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previous discussion on masking under project. Therefore, no impacts to critical more detail and present the proposed ‘‘Acoustic Effects’’), which may range foraging grounds are anticipated. take estimate. from local effects for brief periods of Estimated Take Acoustic Thresholds time to chronic effects over large areas and for long durations. Depending on This section provides an estimate of NMFS recommends the use of the extent of effects to habitat, animals the number of incidental takes proposed acoustic thresholds that identify the may alter their communications signals for authorization through this IHA, received level of underwater sound (thereby potentially expending which will inform both NMFS’ above which exposed marine mammals additional energy) or miss acoustic cues consideration of ‘‘small numbers’’ and would be reasonably expected to be (either conspecific or adventitious). For the negligible impact determination. behaviorally harassed (equated to Level more detail on these concepts see, e.g., Harassment is the only type of take B harassment) or to incur PTS of some Barber et al., 2010; Pijanowski et al., expected to result from these activities. degree (equated to Level A harassment). 2011; Francis and Barber, 2013; Lillis et Except with respect to certain activities Level B Harassment for non-explosive al., 2014. not pertinent here, section 3(18) of the sources—Though significantly driven by MMPA defines ‘‘harassment’’ as any act received level, the onset of behavioral CIBW foraging habitat is limited at the of pursuit, torment, or annoyance, disturbance from anthropogenic noise POA given the highly industrialized which (i) has the potential to injure a exposure is also informed to varying area. However, foraging habitat exists marine mammal or marine mammal degrees by other factors related to the near the POA, including Ship Creek and stock in the wild (Level A harassment); source (e.g., frequency, predictability, to the north of Cairn Point. Potential or (ii) has the potential to disturb a duty cycle), the environment (e.g., impacts to foraging habitat include marine mammal or marine mammal bathymetry), and the receiving animals increased turbidity and elevation in stock in the wild by causing disruption (hearing, motivation, experience, noise levels during pile driving. While of behavioral patterns, including, but demography, behavioral context) and the POA is building a new dock, it is not limited to, migration, breathing, can be difficult to predict (Southall et removing the float and gangway of the nursing, breeding, feeding, or sheltering al., 2007, Ellison et al., 2012). Based on existing dock and permanent impacts (Level B harassment). what the available science indicates and from the presence of the new dock are Authorized takes would primarily be the practical need to use a threshold negligible. Here, we focus on by Level B harassment, as pile driving based on a factor that is both predictable construction impacts such as increased has the potential to result in disruption and measurable for most activities, turbidity and reference the section on of behavioral patterns for individual NMFS uses a generalized acoustic acoustic habitat impacts above. marine mammals, either directly or as a threshold based on received level to Pile installation may temporarily result of TTS. There is also some estimate the onset of behavioral increase turbidity resulting from potential for auditory injury (Level A harassment. NMFS predicts that marine suspended sediments. Any increases harassment) to result, primarily for mammals are likely to be behaviorally would be temporary, localized, and mysticetes, high frequency species, and harassed in a manner we consider Level minimal. POA must comply with state phocids because predicted auditory B harassment when exposed to water quality standards during these injury zones are larger than for mid- underwater anthropogenic noise above operations by limiting the extent of frequency species and otariids. Auditory received levels of 120 dB re 1 mPa (root turbidity to the immediate project area. injury is unlikely to occur for mid- mean square; rms) for continuous (e.g., In general, turbidity associated with pile frequency species and otariids. The vibratory pile-driving, drilling) and installation is localized to about a 25- proposed mitigation and monitoring above 160 dB re 1 mPa (rms) for non- foot (7.6 m) radius around the pile measures are expected to minimize the explosive impulsive (e.g., seismic (Everitt et al., 1980). Cetaceans are not severity of the taking to the extent airguns) or intermittent (e.g., scientific expected to be close enough to the practicable. sonar) sources. This take estimation project activity areas to experience As described previously, no mortality includes disruption of behavioral effects of turbidity, and any small is anticipated or proposed to be patterns resulting directly in response to cetaceans and pinnipeds could avoid authorized for this activity. Below we noise exposure (e.g., avoidance), as well localized areas of turbidity. Therefore, describe how the take is estimated. as that resulting indirectly from the impact from increased turbidity Generally speaking, we estimate take associated impacts such as TTS or levels is expected to be discountable to by considering: (1) Acoustic thresholds masking. However, ambient noise levels marine mammals. No turbidity impacts above which NMFS believes the best within Knik Arm are above the 120-dB to Ship Creek or critical CIBW foraging available science indicates marine threshold, and therefore, for purposes of habitats are anticipated. mammals will be behaviorally harassed this analysis, NMFS considers received In summary, activities associated with or incur some degree of permanent levels above those of the measured the proposed SFD project are not likely hearing impairment; (2) the area or ambient noise (122.2 dB) to constitute to have a permanent, adverse effect on volume of water that will be ensonified Level B harassment of marine mammals marine mammal habitat or populations above these levels in a day; (3) the incidental to continuous noise, of fish species or on the quality of density or occurrence of marine including vibratory pile driving. acoustic habitat. Marine mammals may mammals within these ensonified areas; Results from recent acoustic choose to not forage in close proximity and, (4) and the number of days of monitoring conducted at the port are to the SFD site during pile driving; activities. We note that while these presented in Austin et al. (2016) and however, the POA is not a critical basic factors can contribute to a basic Denes et al. (2016) wherein noise levels foraging location for any marine calculation to provide an initial were measured in absence of pile mammal species. As discussed above, prediction of takes, additional driving from May 27 through May 30, harbor seals primarily use Ship Creek as information that can qualitatively 2016 at two locations: Ambient-Dock foraging habitat within Knik Arm. inform take estimates is also sometimes and Ambient-Offshore. NMFS considers CIBWs utilize Eagle Bay and rivers available (e.g., previous monitoring the median sound levels to be most north of the POA which are not results or average group size). Below, we appropriate when considering expected to be ensonified by the SFD describe the factors considered here in background noise levels for purposes of

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evaluating the potential impacts of the discussion (NMFS, 2012). The median Level A harassment for non-explosive POA’s SFD Project on marine mammals ambient noise level collected over four sources—NMFS’ Technical Guidance (NMFS, 2012). By using the median days at the end of May at the Ambient- for Assessing the Effects of value, which is the 50th percentile of Offshore hydrophone was 122.2 dB. We Anthropogenic Sound on Marine the measurements, for ambient noise note the Ambient-Dock location was Mammal Hearing (Version 2.0) (NMFS, level, one will be able to eliminate the quieter, with a median of 117 dB; 2018) identifies dual criteria to assess few transient loud identifiable events however, that hydrophone was placed auditory injury (Level A harassment) to that do not represent the true ambient very close to the dock and not where we five different marine mammal groups condition of the area. This is relevant would expect Level B harassment to (based on hearing sensitivity) as a result because during two of the four days (50 occur given mitigation measures (e.g., of exposure to noise from two different percent) when background shut downs). We also recognize that types of sources (impulsive or non- measurement data were being collected, during Phase 1 PCT acoustic impulsive). The POA’s proposed the U.S. Army Corps of Engineers was monitoring, noise levels in Knik Arm activity includes the use of non- dredging Terminal 3 (located just north absent pile driving were collected (Reyff impulsive (vibratory pile driving) of the Ambient-Offshore hydrophone) et al., 2021); however, the Phase 1 PCT sources. for 24 hours per day with two 1-hour IHA did not require ambient noise These thresholds are provided in breaks for crew change. On the last two measurements to be collected. These Table 4 below. The references, analysis, days of data collection, no dredging was measurements were not collected in and methodology used in the occurring. Therefore, the median accordance to NMFS (2012) guidance development of the thresholds are provides a better representation of for measuring ambient noise and thus described in NMFS 2018 Technical background noise levels when the SFD cannot be used here for that purpose. If Guidance, which may be accessed at project would be occurring. With regard additional data collected in the future https://www.fisheries.noaa.gov/ to spatial considerations of the warrant revisiting this issue, NMFS may national/marine-mammal-protection/ measurements, the Ambient-Offshore adjust the 122.2 dB rms Level B marine-mammal-acoustic-technical- location is most applicable to this harassment threshold. guidance.

TABLE 4—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

PTS onset acoustic thresholds * Hearing group (received level) Impulsive Non-impulsive

Low-Frequency (LF) Cetaceans ...... Cell 1; Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... Cell 2; LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Cell 3; Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... Cell 4; LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Cell 5; Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... Cell 6; LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 7; Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... Cell 8; LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Cell 9; Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... Cell 10; LE,OW,24h: 219 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. 2 Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.

Ensonified Area based on anticipated pile function TPP (Austin et al., 2016) or PCT SSV (Table 5). These piles were driven for projects (Reyeff et al., 2021). Instead, Here, we describe operational and environmental parameters of the activity 19.2 to 25.6 minutes, using an APE 200– SSL measurements collected during that will feed into identifying the area 6 vibratory hammer and a confined marine construction projects conducted ensonified above the acoustic bubble curtain (Reyff et al., 2021). For by the U.S. Navy for the Naval Base thresholds, which include source levels the 36-inch template piles, SSLs are Kitsap at Bangor EHW–2 Project (U.S. and transmission loss coefficient. assumed to be similar to the SSLs Navy, 2015), which were installed at The estimated sound source levels measured for 36-inch trestle piles similar depths and in a similar marine (SSL) proposed by the POA and used in installed during PCT construction (note environment, were used as proxies for this assessment for vibratory installation no 36-inch template piles were vibratory and impact installation of of attenuated piles are based on sound measured in Reyffe et al., 2021) (Table unattenuated piles for the SFD project levels of 24-inch and 36-inch piles 5). These piles were installed with a (Table 5). It is assumed that SSLs during measured during a sound source confined bubble curtain using an APE vibratory pile installation and removal verification (SSV) study conducted 300–6 vibratory hammer; driving times will be similar. during Phase 1 of the POA’s 2020 PCT ranged from 22.1 to 36.4 minutes. It is SSLs measurements for attenuated 24- project (Reyff et al., 2021). For the 24- assumed that SLLs during pile inch and 36-inch piles driven with an inch template piles, SSLs measured for installation and removal for both pile impact hammer also were not measured 24-inch PCT template piles by Reyff et sizes will be similar. during either the TPP (Austin et al., al. (2021) were selected for use as a No unattenuated 24-inch or 36-inch 2016) or PCT SSV projects (Reyeff et al., proxy for 24-inch SFD template piles piles were installed during either the 2021). SSL measurements for impact

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installation made by Ryeff et al. (2021) applies a 7 dB reduction to the U.S. Marine Terminal Redevelopment were on piles using a confined bubble Navy (2015) unattenuated SSLs (Table Project, and by Blackwell (2005) who curtain system with 48-inch piles; 5) for attenuated 24-inch and 36-inch reported TLs ranging from 16—18 dB whereas, an unconfined system is piles during impact pile driving (Table SEL and 21.8 dB rms for impact and proposed with smaller piles for the SFD. 5). These SSLs are consistent with SSLs vibratory installation of 36-inch piles, In a confined bubble curtain system, the previously proposed and authorized by respectively, during modifications made bubbles are confined to the area around NMFS for POA impact pile driving of to the Port MacKenzie dock. After the pile with a flexible material or rigid 24-inch and 36-inch piles (e.g., PCT careful inspection of the data presented pipe; however, in an unconfined bubble Final IHA [85 FR 19294]). Rationale for in the Reyff et al., study (including curtain system, there is no such system using a 7 dB reduction has further been relevant spectrograms), NMFS is for restraining the bubbles (NAVFAC provided on June 19, 2019, in 84 FR concerned that flow noise in the far SW, 2020). Unconfined bubble curtain 28474 and on November 25, 2019, in 84 field measurements is negatively biasing performance is highly variable and FR 64833. This reduction is more the regressions derived to infer TL rates. effectiveness depends on the system conservative than the confined bubble While Reyff et al. (2021) discuss design and on-site conditions such as curtain efficacy reported by Reyff et al. attempts they made to remove flow water depth, water current velocity, (2021), which ranged from 9 to 11 dB for noise from their calculations, NMFS substrate and underlying geology. The peak, rms, and SEL single strike could not conclude that these attempts unconfined systems typically consist of measurements. adequately removed flow noise from vertically stacked bubble rings, while The TL coefficients reported in the their measurements. Relevant to the the confined systems are a single ring at PCT SSV are highly variable and are SFD, the TL calculations of individual the bottom placed inside a casing that generally lower than values previously vibratory installation of 24-inch encompasses the pile. The U.S. Navy reported and used in the region. For template piles and 36-inch trestle piles (2015) summarized several studies example, Reyff et al. (2021) reported reported by Reyff et al. (2021) were also which demonstrated that unconfined unweighted transmission loss highly variable ranging from 12.5 to 16.6 bubble curtains performance can be coefficients ranging from 8.9 to 16.3 dB dB rms and 14.4 to 17.2 dB rms, effective in attenuating underwater SEL and 7.0 to 16.7 dB rms for impact respectively. Given this variability and noise from impact pile installation. driving 48-inch attenuated piles. In the previous data suggesting higher TL They found bubble curtain performance PCT Final IHA (85 FR 19294), the POA rates, NMFS has preliminarily to be highly variable, but based on proposed, and NMFS applied, a TL rate determined that applying a practical information from the Bangor Naval Base of 16.85 dB SEL for assessing potential spreading loss model (15logR) to Test Pile Program, found an average for Level A harassment from impact pile ensonified area calculations is most peak SPL reduction of 8 dB to 10 dB at driving and a TL rate of 18.35 dB rms likely the representative scenario in 10 m would be an achievable level of when assessing potential for Level B Knik Arm (Table 5). The 15 TL attenuation for steel pipe piles of 36- harassment from impact pile driving for coefficient also falls within the range of and 48-inches in diameter. The based on Austin et al. (2016) TL coefficients reported in Reyff et al. efficiency of bubble curtains with 24- measurements recorded during the TPP (2021). We note the POA will conduct inch piles was not examined by the U.S. on 48-in piles. Higher TL rates in Knik additional acoustic monitoring during Navy (2015). Based on these analyses, Arm are supported by additional Phase II of the PCT in 2021 (prior to and the effect that local currents may studies, such as by Sˇ irovic´ and Kendall when the SFD project will commence) have on the distribution of bubbles and (2009), who reported a TL of 16.4 dB and, if warranted, these assumptions thus effectiveness of an unconfined during impact hammer driving during may be adjusted and resulting bubble curtain, NMFS conservatively passive acoustic monitoring of the POA harassment isopleths modified. TABLE 5—ESTIMATED SOUND SOURCE LEVELS AND TRANSMISSION LOSS COEFFICIENTS WITH AND WITHOUT A BUBBLE CURTAIN

Method and pile size Unattenuated Bubble curtain

Vibratory Sound level at 10 m TL coefficient Sound level at 10 m TL coefficient (dB rms) (dB rms) (dB rms) (dB rms)

36-inch ...... a 166.0 c 15.0 b 161.4 c 15.0 24-inch ...... a 161.0 c 15.0 b 158.5 c 15.0

Impact Unattenuated Bubble curtain

Sound level at 10 m TL coefficient Sound level at 10 m TL coefficient

dB rms dB SEL dB Peak dB rms dB SEL dB rms dB SEL dB peak dB rms dB SEL

36-inch ...... a 194.0 a 184.0 a 211.0 c 15.0 c 15.0 a 187.0 a 177.0 a 204.0 c 15.0 c 15.0 24-inch ...... a 193.0 a 181.0 a 210.0 c 15.0 c 15.0 a 186.0 a 174.0 a 203.0 c 15.0 c 15.0 a U.S. Navy 2015. b Reyff et al., 2021. c Practical spreading loss model.

When the NMFS Technical Guidance component in the new thresholds, we occurrence to help predict takes. We (2016) was published, in recognition of developed a User Spreadsheet that note that because of some of the the fact that ensonified area/volume includes tools to help predict a simple assumptions included in the methods could be more technically challenging isopleth that can be used in conjunction used for these tools, we anticipate that to predict because of the duration with marine mammal density or isopleths produced are typically going

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to be overestimates of some degree, continues to develop ways to at that distance the whole duration of which may result in some degree of quantitatively refine these tools, and the activity, it would incur PTS. Inputs overestimate of Level A harassment will qualitatively address the output used in the User Spreadsheet, and the take. However, these tools offer the best where appropriate. For stationary resulting isopleths are reported below in way to predict appropriate isopleths sources (such as pile driving), NMFS Table 6. when more sophisticated 3D modeling User Spreadsheet predicts the distance methods are not available, and NMFS at which, if a marine mammal remained TABLE 6—NMFS USER SPREADSHEET INPUTS

24-Inch 24-Inch 36-Inch 36-Inch (unattenuated) (bubble curtain) (unattenuated) (bubble curtain)

User Spreadsheet Input: Vibratory Pile Driving

Spreadsheet Tab Used ...... A.1) Non-Impul, Stat, Cont ...... A.1) Non-Impul, Stat, Cont ...... A.1) Non-Impul, Stat, Cont ...... A.1) Non-Impul, Stat, Cont. Source Level (SPL RMS) ...... 161 ...... 158.5 ...... 166 ...... 161.4. Transmission Loss Coefficient 15 ...... 15 ...... 15 ...... 15. Weighting Factor Adjustment 2.5 ...... 2.5 ...... 2.5 ...... 2.5. (kHz). Time to install/remove single 45/75 ...... 45/75 ...... 45/75 ...... 45/75. pile (minutes). Piles to install/remove per day 1/1 ...... 1–2/1–3 ...... 1/1 ...... 1–3/1–3.

User Spreadsheet Input: Impact Pile Driving

Spreadsheet Tab Used ...... E.1) Impact pile driving ...... E.1) Impact pile driving ...... E.1) Impact pile driving ...... E.1) Impact pile driving. Source Level (Single Strike/ 181 ...... 174 ...... 184 ...... 177. shot SEL). Transmission Loss Coefficient 15 ...... 15 ...... 15 ...... 15. Weighting Factor Adjustment 2 ...... 2 ...... 2 ...... 2. (kHz). Number of strikes pile ...... 1000 ...... 1000 ...... 1000 ...... 1000. Piles per day ...... 1 ...... 1 ...... 1 ...... 1.

To calculate the Level B harassment coefficients (dB rms; Table 5) for impact Level B harassment isopleths are isopleths, NMFS considered SPLrms and vibratory pile driving, respectively. presented in Table 7. source levels and the corresponding TL The resulting Level A harassment and TABLE 7—DISTANCES TO LEVEL A HARASSMENT, BY HEARING GROUP, AND LEVEL B HARASSMENT THRESHOLDS PER PILE TYPE AND INSTALLATION METHOD

Level A harassment Level A (m) harassment Level B Pile size Attenuation Hammer type Piles areas harassment (installation/removal) per day (km2) LF MF HF PW OW all hearing (m) groups

24-inch ...... Bubble Curtain ...... Vibratory (Installation) ...... 1 4 1 6 3 1 <0.01 2,631 2 7 1 9 4 1 Vibratory (Removal)...... 1 6 1 8 4 1 3 12 1 17 7 1 Impact (Installation) ...... 1 251 9 299 135 10 <0.19 542 Unattenuated ...... Vibratory (Installation)...... 1 6 1 9 4 1 <0.01 3,861 Vibratory (Removal)...... 1 8 1 12 5 1 Impact (Installation) ...... 1 735 27 876 394 29 <1.34 1,585 36-inch ...... Bubble Curtain ...... Vibratory (Installation) ...... 1 6 1 9 4 1 <0.01 4,106 2 10 1 15 6 1 3 13 2 19 8 1 Vibratory (Removal)...... 1 9 1 13 6 1 3 18 2 26 11 1 Impact (Installation) ...... 1 398 15 474 213 16 <0.76 631 Unattenuated ...... Vibratory (Installation)...... 1 13 2 18 8 1 <0.01 8,318 Vibratory (Removal)...... 1 18 2 26 11 1 Impact (Installation) ...... 1 1,165 42 1,387 624 46 <3.14 1,848

Marine Mammal Occurrence and Take relied on marine mammal monitoring Humpback Whales Estimation data collected during past POA projects. These data cover the POAs construction Sightings of humpback whales in the In this section we provide the season (April through November) across project area are rare, and the potential information about the presence, density, multiple years. Calculations used to risk of exposure of a humpback whale or group dynamics of marine mammals estimate exposure from pile installation to sounds exceeding the Level B that will inform the take calculations. for all marine mammals is described harassment threshold is low. Few, if For all species of cetaceans other than below. any, humpback whales are expected to CIBWs, density data is not available for approach the project area. However, upper Cook Inlet. Therefore, the POA there were two sightings in 2017 of what

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was likely a single individual at the could be observed every 2 days of pile Steller Sea Lion Ship Creek Boat Launch (ABR Inc., driving. Based on this assumption, the Steller sea lions are anticipated to be 2017) which is located south of the POA has requested, and NMFS is encountered in low numbers, if at all, project area. Based on these data, the proposing to authorize, twelve Level B within the project area. Three sightings POA conservatively estimates that up to harassment exposures during the 24 of what was likely a single individual two individuals could be behaviorally days of pile driving. occurred in the project area in 2009, two harassed during the 24 days of pile Harbor porpoises are relatively small sightings occurred in 2016, one driving for the SFD. This could include cetaceans that move at high velocities, occurred in 2019, and up to six sighting a cow-calf pair on multiple which can make their detection and individuals were observed in 2020 (4 in days or multiple sightings of single identification at great distances difficult. May and 2 in June). Based on humpback whales. No Level A observations in 2016, the POA harassment take of humpback whales is Despite this, PSOs during Phase 1 PCT anticipates an exposure rate of two anticipated or proposed to be construction monitoring (2020) were individuals every 19 days during SFD authorized. able to detect harbor porpoises as far as 6,486 m from the PCT, indicating that pile installation and removal. Based on Killer Whales the monitoring methods detailed in the this rate, the POA anticipates that there Few, if any, killer whales are expected Final IHAs for Phase 1 and Phase 2 PCT could be up to four harassment to approach the project area. No killer construction (85 FR 19294), (and exposures of Steller sea lions during the whales were sighted during previous described below in the Proposed 24 days of SFD pile installation and monitoring programs for the Knik Arm Mitigation section for the SFD) allowed removal. Crossing and POA construction projects, for harbor porpoises to be detected at Sea lions are known to travel at high including the 2016 TPP or during Phase great distances. Therefore, no Level A speeds, in rapidly changing directions, 1 of the PCT project in 20202. The harassment take for harbor porpoises is and have the potential to be counted infrequent sightings of killer whales that anticipated or proposed to be authorized multiple times. Because of this the POA are reported in upper Cook Inlet tend to for the SFD. The POA anticipates that anticipates that, despite all precautions, sea lions could enter the Level A occur when their primary prey the majority of piles will be driven harassment zone before a shutdown (anadromous fish for resident killer using vibratory methods. Using the could be fully implemented. For whales and CIBWs for transient killer NMFS User Spreadsheet, vibratory example, in 2016 during the POA Test whales) are also in the area (Shelden et driving 24-inch and 36-inch piles Pile Program, a Steller sea lion was first al., 2003). Previous sightings of results in Level A harassment isopleths sighted next to a work boat and within transient killer whales have that are smaller than the proposed 100 the Level A harassment zone. Nine documented pod sizes in upper Cook m shutdown zone, described below in PSOs had been monitoring for the Inlet between one and six individuals the Proposed Mitigation section (≤26 m; presence of marine mammals near the (Shelden et al., 2003). The potential for Table 7). The Level A harassment construction activities at this time, but exposure of killer whales within the isopleths calculated using the NMFS Level B harassment isopleths is they did not observe the approaching User Spreadsheet for impact driving 24- sea lion. Sea lions are known to be anticipated to be extremely low. Level B inch and 36-inch piles are larger than harassment take is conservatively ≤ curious and willing to approach human this 100-m shutdown zone ( 1,387 m; activity closely, and they can swim with estimated at no more than one small Table 7); however, Level A harassment pod (6 individuals). No Level A a low profile. The incident was recorded isopleths consider long durations and harassment take for killer whales is as a Level A harassment take and raises harbor porpoise are likely moving anticipated or proposed to be authorized concern for the POA that a sighting of through the area, if present, not due to the small Level A harassment a Steller sea lion within the Level A lingering. Further few harbor porpoises zones (Table 7) and implementation of harassment zones, while unlikely, could are expected to approach the project a 100 m shutdown which is larger than occur. While Level A harassment takes Level A harassment isopleths, and area and are likely to be sighted prior to are unlikely given the low likelihood of described below in the Proposed entering the Level A harassment zone. sea lions in the project area, the small Mitigation section. During Phase 1 PCT construction Level A harassment isopleths (<46 m; monitoring (2020) only five harbor Table 7), and the proposed mitigation Harbor Porpoise porpoises were observed near the PCT measures, including the implementation Previous monitoring data at the POA and within the largest Level A of shutdown zones and the use of PSOs, were used to evaluate daily sighting harassment zone for SFD (1,387 m; we propose to authorize the POA’s rates for harbor porpoises in the project Table 7). Given that the POA anticipates request that a small number of Steller area. During most years of monitoring, that only a small number of piles (up to sea lions could be exposed to Level A no harbor porpoises were observed; five), may be driven with an impact harassment levels. Therefore, we however, during Phase 1 of the PCT hammer (requiring up to 20 minutes of propose that two Steller sea lions could project (2020), 18 individuals (15 impact installation each at 1 pile per be exposed to Level A harassment levels groups) were observed near the POA, day), the likelihood that harbor and 2 Steller sea lions could be exposed with group sizes ranging from 1–2 porpoises will be in these larger zones to Level B harassment levels. individuals. The highest daily sighting is minimized. Accounting for measures rate for any recorded year during pile described below in the Proposed Harbor Seals installation and removal associated with Mitigation section below and the low No known harbor seal haulout or the PCT was an average of 0.09 harbor likelihood that individual harbor pupping sites occur in the vicinity of porpoise per day during 2009 porpoises would appear undetected the POA; therefore, exposure of harbor construction monitoring, but this value within the Level A harassment zones, seals to in-air noise is not considered in may not account for increased sightings we agree with the POA and do not this application, and no take for in-air in Upper Cook Inlet or range extensions authorize any Level A harassment takes exposure is requested. Harbor seals are (Shelden et al., 2014). Therefore, the of harbor porpoises during the not known to reside in the project area, POA estimates that one harbor porpoise construction of the SFD. but they are seen regularly near the

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mouth of Ship Creek when salmon are water noise levels exceeding harassment mammal occurrence in upper Cook Inlet running, from July through September. thresholds for pile installation and to determine how best to estimate the With the exception of newborn pups, all removal during SFD construction. potential for exposure to pile driving ages and sexes of harbor seals could All efforts will be taken to shut down noise from the SFD Project. In their occur in the project area during prior to a harbor seal entering the 100- application, the POA estimated Level B construction of the SFD. Any m shutdown zone and prior to a harbor harassment take following methods harassment of harbor seals during pile seal entering the Level A harassment outlined in the PCT final IHA (85 FR installation would involve a limited zones. However, harbor seals often are 19294), which relies on monitoring data number of individuals that may curious of onshore activities, and of CIBWs published in Kendall and potentially swim through the project previous monitoring suggests that this Cornick (2015). For the SFD application, area or linger near Ship Creek. species may mill at the mouth of Ship POA also considered monitoring data of Creek. It is important to note that the Marine mammal monitoring data were CIBWs collected during Phase 1 of the mouth of Ship Creek is about 700 m used to examine hourly sighting rates PCT project (61 North Environmental, from the southern end of the SFD and for harbor seals in the project area. 2021). These data sets (Kendall and is outside the Level A harassment zones Sighting rates of harbor seals were Cornick, 2015, and 61 North for harbor seals during both Environmental, 2021) cover all months highly variable and appeared to have unattenuated and attenuated vibratory increased during monitoring between the POA may be conducting pile driving and impact pile installation and for the SFD and they are based on all 2005 and 2020 (See Table 4–1 in POA’s removal (Table 7). While exposure is application). It is unknown whether any animals observed during scientific anticipated to be minimized because monitoring within the proximity of the potential increase was due to local pile installation and removal will occur SFD regardless of distance. Hourly population increases or habituation to intermittently over the short sighting rates for CIBWs for each ongoing construction activities. The construction period, the POA is calendar month were calculated using highest monthly hourly sighting rate requesting Level A harassment take for documented hours of observation and (rounded) observed during previous a small number of harbor seals, given monitoring at the POA was used to the potential difficulty of detecting CIBW sightings from April through quantify take of harbor seals for pile harbor seals and their consistent use of November for 2005, 2006, 2008 and installation associated with the SFD. the area. Given that 30 harbor seals (8.6 2009 (Kendall and Cornick, 2015) and This occurred in 2020 during Phase 1 percent) of all harbor seals and 2020 (61 North Environmental, 2021) PCT construction monitoring, when unidentified pinnipeds were detected (Table 8). The highest calculated harbor seals were observed from May within 624 m, the largest Level A monthly hourly sighting rate of 0.94 through September. A total of 340 harassment zone for SFD, during PCT whales per hour was used to calculate harbor seals were observed over 1,237.7 Phase 1 construction monitoring (61 potential CIBW exposures (21 hours of hours of monitoring, at a rate of 0.3 North Environmental, 2021), POA pile installation and removal multiplied harbor seals per hour. The maximum requests and NMFS proposes to by 0.94 whales/hour). Using this monthly hourly sighting rate occurred authorize that two harbor seals (8.6 method, the POA estimated that 20 in September and was 0.51 harbor seals percent of 21 exposures rounded up) CIBWs (rounded from 19.75) could be per hour. Based on these data, the POA could be exposed to Level A harassment exposed to the Level B harassment level estimates that approximately 1 harbor levels and 19 harbor seals could be during pile installation and removal seal may be observed near the project exposed to Level B harassment levels. associated with the construction of the per hour of hammer use. During the 21 SFD. These calculations assume no hours of anticipated pile installation Beluga Whales mitigation and that all animals observed and removal, the POA estimates that up For CIBWs, we looked at several would enter a given Level B harassment 21 harbor seals will be exposed to in- sources of information on marine zone during pile driving.

TABLE 8—SUMMARY OF CIBWS SIGHTING DATA FROM APRIL–NOVEMBER 2005–2009 AND APRIL–NOVEMBER 2020

Month Total hours Total groups Total whales Whales/hour

April ...... 52.50 13 35 0.67 May ...... 457.40 53 208 0.45 June ...... 597.77 37 122 0.20 July ...... 552.67 14 27 0.05 August ...... 577.30 120 543 0.94 September ...... 533.03 124 445 0.83 October ...... 450.70 9 22 0.05 November ...... 346.63 52 272 0.78 Data compiled from Kendall and Cornick (2015) and (61 North Environmental, 2021).

To more accurately estimate potential takes per year to POA, with mitigation proposed for the SFD and described exposures than simply using the measures similar to the measures below in the Proposed Mitigation monthly sighting rate data, which does proposed here. The percent of the section. The percent of the authorized not account for any mitigation, POA authorized takes documented during takes that were documented was 47 followed methods described by NMFS this time period ranged from 12 to 59 percent (26 out of 55 exposures; 61 for the PCT Final IHA (85 FR 19294), percent with an average of 36 percent North Environmental, 2021; Table 9). which looked at previous monitoring (Table 9). In 2020, NMFS authorized 55 Given that there was extensive results at the POA in relation to CIBW takes in Phase 1 of the PCT monitoring occurring across all IHAs authorized take numbers. Between 2008 project, with mitigation and monitoring (with effort intensified in 2020), we and 2012, NMFS authorized 34 CIBW measures that are consistent with those

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believe there is little potential that animals were taken but not observed.

TABLE 9—AUTHORIZED AND REPORTED CIBW TAKES DURING POA ACTIVITIES FROM 2009–2012 AND 2020

Percent of ITA effective dates Reported Authorized authorized takes takes takes

15 July 2008–14 July 2009 ...... 12 34 35 15 July 2009–14 July 2010 ...... 20 34 59 15 July 2010–14 July 2011 ...... 13 34 38 15 July 2011–14 July 2012 ...... 4 34 12 1 April 2020–31 March 2021 ...... 26 55 47

As described in the POA’s application 2021). In 2020, the northern station did adding the estimated size of a notional and in more detail in the Proposed not have visibility of the near shoreline large group of CIBWs. The 95th Mitigation section, mitigation measures north of Cairn Point. As a result, CIBWs percentile is commonly used in have been designed to reduce Level B traveling south during ebb tides around statistics to evaluate risk. Therefore, to harassment take as well avoid Level A Cairn Point were often inside of the determine the most appropriate size of harassment take. We recognize that in Level B harassment zone upon first a large group, the POA calculated the 95 certain situations, pile driving may not sighting (61 North Environmental, percentile group size of CIBWs observed be able to be shut down prior to whales 2021). As described below in the during Kendall and Cornick (2015) and entering the Level B harassment zone Proposed Monitoring and Reporting 2020 Phase 1 PCT construction due to safety concerns. During previous section, mitigation and monitoring monitoring (61 North Environmental, monitoring, sometimes CIBWs were approaches for the SFD project are 2021); the same data used above to initially sighted outside of the modeled after the stipulations outlined derive hourly sighting rates (Table 8 and in the Final IHAs for Phase 1 and Phase harassment zone and shutdown was Figure 3). In this case, the 95th 2 PCT construction (85 FR 19294), but called, but the CIBWs swam into the percentile provides a conservative value harassment zone before activities could one of the PSO stations will be moved to enhance visibility to the north, that reduces the risk to the POA of be halted, and exposure within the taking a large group of CIBWs and harassment zone occurred. For example, especially near Cairn point. Therefore, exceeding authorized take levels. The on September 14, 2009, a construction we believe the ability to detect whales 95th percentile of group size for the observer sighted a CIBW just outside the and shut down prior to them entering Kendall and Cornick (2015) and the PCT harassment zone, moving quickly the Level B harassment zones will be towards the 1,300 m Level B harassment better or consistent with previous years. Phase 1 monitoring data (61 North zone during vibratory pile driving. The To account for these mitigation Environmental, 2021) is 12.0. This animal entered the harassment zone measures, the POA then applied the means that, of the 422 documented before construction activity could be highest percentage of previous takes (59 CIBW groups in these data sets, 95 shut down (ICRC, 2010). On other percent) to ensure potential impacts to percent consisted of fewer than 12.0 occasions, CIBWs were initially CIBWs are adequately evaluated. After whales; 5 percent of the groups observed when they surfaced within the applying this adjustment to account for consisted of more than 12.0. harassment zone. For example, on potential exposures of CIBWs that Considering large group size, the POA November 4, 2009, 15 CIBWs were would be avoided by shutting down, the requests and we propose to authorize 24 initially sighted approximately 950 m POA estimated that 12 CIBWs (20 takes (accounting for the 12 takes north of the project site near the shore, whales * 0.59 = 11.80 whales; 12 calculated following the methods and then they surfaced in the Level B rounded up) may be exposed to Level B outlined for the PCT project that harassment zone during vibratory pile harassment during pile installation and accounts for mitigation plus a group size driving (ICRC, 2010). Construction removal. The POA and NMFS are of 12) of CIBWs incidental to pile activities were immediately shut down, concerned, however, that this approach driving for the SFD. Incorporation of but the 15 CIBWs were nevertheless does not accurately reflect the reality large groups into the CIBW exposure exposed within the Level B harassment that CIBWs can travel in large groups. estimate is intended to reduce risk to zone. During Phase 1 of the PCT project Large groups of CIBWs have been seen the POA of the unintentional take of a all of the recorded takes (n = 26) were swimming through the POA vicinity larger number of belugas than would be instances where the whales were first during POA monitoring efforts. For authorized by using the proposed sighted within the Level B harassment example, during Phase 1 of the PCT, the methods alone and thus improve our mean group size was 4.34 whales; zone, prompting shutdown procedures. estimate of exposure. No Level A however, 52 percent of observations Most of these exposures (21 of 26) harassment is expected or proposed were of groups greater than the mean occurred when the CIBWs first appeared given the small Level A harassment near the northern station, just south of group size, with 5 percent of those 119 zones for CIBWs (Table 7) and the Cairn Point (61 North Environmental, groups being larger than 12 individuals, additional mitigation measures 2021). For example, on November 21, the number of exposures proposed by described in the Proposed Mitigation 2020 one CIBW was sighted in front of POA (61 North Environmental, 2021). the north PSO station, located just south To ensure that a large group of CIBWs section below specific to CIBWs, of Cairn Point, traveling south during would not result in the POA using the including the measure that pile driving vibratory removal of an attenuated 36- majority or all of their take in one or two activities must shut down when any inch pile and a shutdown was called sightings, POA buffered the exposure CIBW enters the relevant Level B immediately (61 North Environmental, estimate detailed in the preceding by harassment zone.

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90

(/) C: I0 Cl) ~ 60 .. 0 0 I I I I i --

'I

0

0 20 40 Group Size

Figure 3. CIBW sighting data from Kendall and Cornick (2015) and Phase 1 of the PCT (61 North Environmental, 2021). The dashed vertical line represents the 95th percentile of group size (i.e., 12 CIBWs)

In summary, the total amount of Level marine mammal stock is presented in A harassment and Level B harassment Table 10. proposed to be authorized for each

TABLE 10—PROPOSED AMOUNT OF TAKE, BY STOCK AND HARASSMENT TYPE

Proposed authorized take Species Stock Percent of Level A Level B stock

Humpback whale ...... Western N Pacific ...... 0 2 0.19 Beluga whale ...... Cook Inlet ...... 0 24 8.60 Killer whale ...... Transient/Alaska Resident ...... 0 6 1.02/0.26 Harbor porpoise ...... Gulf of Alaska ...... 0 12 0.04 Steller sea lion ...... Western ...... 2 2 <0.01 Harbor seal ...... Cook Inlet/Shelikof ...... 2 19 0.07

Proposed Mitigation of effecting the least practicable adverse scope, range). It further considers the impact upon the affected species or likelihood that the measure will be In order to issue an IHA under section stocks and their habitat (50 CFR effective if implemented (probability of 101(a)(5)(D) of the MMPA, NMFS must 216.104(a)(11)). accomplishing the mitigating result if set forth the permissible methods of implemented as planned), the taking pursuant to the activity, and In evaluating how mitigation may or likelihood of effective implementation other means of effecting the least may not be appropriate to ensure the (probability implemented as planned); practicable impact on the species or least practicable adverse impact on and stock and its habitat, paying particular species or stocks and their habitat, as attention to rookeries, mating grounds, well as subsistence uses where (2) The practicability of the measures and areas of similar significance, and on applicable, we carefully consider two for applicant implementation, which the availability of the species or stock primary factors: may consider such things as cost, for taking for certain subsistence uses (1) The manner in which, and the impact on operations, and, in the case (latter not applicable for this action). degree to which, the successful of a military readiness activity, NMFS regulations require applicants for implementation of the measure(s) is personnel safety, practicality of incidental take authorizations to include expected to reduce impacts to marine implementation, and impact on the information about the availability and mammals, marine mammal species or effectiveness of the military readiness feasibility (economic and technological) stocks, and their habitat. This considers activity. of equipment, methods, and manner of the nature of the potential adverse The POA presented mitigation conducting the activity or other means impact being mitigated (likelihood, measures in Section 11 of their

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application that were modeled after the are no more than 0.5 m from the outside the bubble curtain, the unattenuated stipulations outlined in the Final IHAs surface of the pile; Level A and Level B harassment zones for Phase 1 and Phase 2 PCT • The lowest layer of perforated for that hammer type and pile size will construction (85 FR 19294), which were aeration pipe will be designed to ensure be implemented. successful in minimizing the total contact with the substrate without In addition to noise attenuation number and duration of Level B burial and will accommodate sloped devices, POA and NMFS considered harassment exposures for endangered conditions; practicable work restrictions. Given the CIBWs during Phase 1 PCT Construction • Air holes will be 1.6 millimeters extensive Level B harassment zone (61 North Environmental, 2021). These (1⁄16 inch) in diameter and will be generated from the installation of the measures both reduce noise into the spaced approximately 20 millimeters two unattenuated battered piles, aquatic environment and reduce the (3⁄4 inch) apart. Air holes with this size vibratory driving these large piles potential for CIBWs to be adversely and spacing will be placed in four during peak CIBW season poses an impacted from any unavoidable noise adjacent rows along the pipe to provide amount of risk and uncertainty to the exposure. uniform bubble flux; degree that it should be minimized. This A key mitigation measure NMFS • The system will provide a bubble August and September peak is considered for this project is reducing flux of 3 cubic meters (m3) per minute confirmed through acoustic monitoring noise levels propagating into the per linear meter of pipe in each layer (Castellote et al., 2020) and Phase 1 PCT environment. The POA will deploy an (32.91 cubic feet (ft3) per minute per construction monitoring (61 North unconfined bubble curtain system linear foot of pipe in each layer). The Environmental, 2021). Castellote et al. during installation and removal of total volume of air per layer is the (2020) for example indicate CIBWs plumb (vertical) 24- and 36-inch piles product of the bubble flux and the appeared concentrated in the upper with a vibratory or impact hammer. An circumference of the ring using the inlet year-round, but particularly unconfined bubble curtain is composed formula: Vt = 3.0 m3/min/m * feeding in river mouths from April- of an air compressor(s), supply lines to Circumference of the aeration ring in December, shifting their geographical deliver the air, distribution manifolds or meters or Vt = 32.91 ft3/min/ft * foraging preferences from the Susitna headers, perforated aeration pipe, and a Circumference of the aeration ring in River region towards Knik Arm in mid- frame. The frame facilitates transport feet; and August, and dispersing towards the mid and placement of the system, keeps the • Meters must be provided as follows: inlet throughout the winter. Further, aeration pipes stable, and provides Æ Pressure meters must be installed at hourly sighting rates calculated from ballast to counteract the buoyancy of the all inlets to aeration pipelines and at monitoring data from Kendall and aeration pipes in operation. The air is points of lowest pressure in each branch Cornick (2015) and Phase 1 of the PCT released through a series of vertically of the aeration pipeline; (61 North Environmental, 2021) were Æ distributed bubble rings that create a Flow meters must be installed in highest in August and September (0.94 cloud of bubbles that act to impede and the main line at each compressor and at and 0.83, respectively; Table 8). scatter sound, lowering the sound each branch of the aeration pipelines at Therefore, vibratory driving velocity. A compressor provides a each inlet. In applications where the unattenuated battered piles (which continuous supply of compressed air, feed line from the compressor is have, by far, the largest Level B which is distributed among the layered continuous from the compressor to the harassment zones) will not occur during bubble rings. Air is released from small aeration pipe inlet, the flow meter at the August or September. Further, to holes in the bubble rings to create a compressor can be eliminated; and minimize the potential for overlapping Æ curtain of air bubbles surrounding the Flow meters must be installed sound fields from multiple stressors, the pile. The curtain of air bubbles floating according to the manufacturer’s POA will not simultaneously operate to the surface inhibits the transmission recommendation based on either two vibratory hammers for either pile of pile installation sounds into the laminar flow or non-laminar flow. installation or removal. This measure is surrounding water column. The final The bubble curtain will be used designed to reduce simultaneous in- design of the bubble curtain will be during installation and removal of all water noise exposure. Because impact determined by the Construction plumb piles when water depth is great hammers will not likely be dropping at Contractor based on factors such as enough (approximately 3 m) to deploy the same time, and to expedite water depth, current velocities, and pile the bubble curtain. A bubble curtain construction of the project to minimize sizes. However, the proposed IHA will not be used with the two battered pile driving during peak CIBW requires the bubble curtain be operated piles due to the angle of installation. It abundance periods, NMFS is not in a manner consistent with the is important to note that a small number proposing to restrict the operation of following performance standards: of piles could be installed or removed two impact hammers at the same time. • The aeration pipe system will when the pile location is de-watered (no Given the small size of the project and consist of multiple layers of perforated water present) or when the water is too the plan to primarily drive hammers pipe rings, stacked vertically in shallow (≤3 m) to deploy the bubble with a vibratory hammer, the POA has accordance with the following depths: curtain. The tides at the POA have a indicated that it is highly unlikely that Two layers for water depths <5 m; four mean range of about 8.0 m (26 ft) an impact hammer and vibratory layers for water depths 5 m to <10 m; (NOAA, 2015), and low water levels hammer or two impact hammers would seven layers for water depths 10 m to will prevent proper deployment and operate simultaneously during the SFD <15 m; ten layers for water depths 15 m function of the bubble curtain system. project. to <20 m; and thirteen layers for water Piles that are driven at a location that is Additional mitigation measures depths 20 m to <25 m; de-watered will not use a bubble include the following, modeled after the • The pipes in all layers will be curtain, and marine mammal stipulations outlined in the Final IHAs arranged in a geometric pattern that will harassment zones will not be monitored. for Phase 1 and Phase 2 PCT allow for the pile being driven to be When piles are installed or removed in construction (85 FR 19294): completely enclosed by bubbles for the water without a bubble curtain because For in-water construction involving full depth of the water column and with the pile orientation is battered, or if heavy machinery activities other than a radial dimension such that the rings water is too shallow (≤3 m) to deploy pile driving (e.g., use of barge-mounted

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excavators), the POA will cease visually confirmed 100 m beyond the vibratory hammering of two operations and reduce vessel speed to shutdown zone and on a path away unattenuated battered piles). In these the minimum level required to maintain from such zone, or 15 minutes (non- cases, the pre-clearance zone remains steerage and safe working conditions if CIBWs) or 30 minutes (CIBWs) have applicable. a marine mammal approaches within 10 passed without subsequent detections. If during installation and removal of m of the equipment or vessel. If a species for which authorization piles, PSOs can no longer effectively POA must use soft start techniques has not been granted, or a species for monitor the entirety of the CIBW Level when impact pile driving. Soft start which authorization has been granted B harassment zone due to requires contractors to provide an initial but the authorized takes are met, is environmental conditions (e.g., fog, rain, set of three strikes at reduced energy, observed approaching or within the wind), pile driving may continue only followed by a thirty-second waiting Level B harassment zone, pile until the current segment of pile is period, then two subsequent reduced installation and removal will shut down driven; no additional sections of pile or energy strike sets. A soft start must be immediately. Pile driving will not additional piles may be driven until implemented at the start of each day’s resume until the animal has been conditions improve such that the Level impact pile driving and at any time confirmed to have left the area or the 30 B harassment zone can be effectively following cessation of impact pile minute observation period has elapsed. monitored. If the Level B harassment driving for a period of thirty minutes or In addition to these measures which zone cannot be monitored for more than longer. Soft starts will not be used for greatly reduce the potential for 15 minutes, the entire Level B vibratory pile installation and removal. harassment of all marine mammals and harassment zone will be cleared again PSOs shall begin observing for marine establish shutdown zones that for 30 minutes prior to pile driving. mammals 30 minutes before ‘‘soft start’’ realistically reflect non-CIBW whale Based on our evaluation of the or in-water pile installation or removal detectability, the following additional applicant’s proposed measures, NMFS begins. mitigation measures have been has preliminarily determined that the The POA will conduct briefings for proposed which would ensure valuable proposed mitigation measures provide construction supervisors and crews, the protection and conservation of CIBWs: the means effecting the least practicable monitoring team, and POA staff prior to Prior to the onset of pile driving, impact on the affected species or stocks the start of all pile installation and should a CIBW be observed approaching and their habitat, paying particular removal, and when new personnel join the mouth of Knik Arm, pile driving attention to rookeries, mating grounds, the work in order to explain will be delayed. An in-bound pre- and areas of similar significance. responsibilities, communication clearance line extends from Point procedures, the marine mammal Woronzof to approximately 2.5 kms Proposed Monitoring and Reporting monitoring protocol, and operational west of Point McKenzie. Pile driving In order to issue an IHA for an procedures. may commence once the whale(s) activity, section 101(a)(5)(D) of the The POA will employ PSOs per the moves at least 100 m past the Level B MMPA states that NMFS must set forth Marine Mammal Monitoring Plan (see harassment zone or pre-clearance zone requirements pertaining to the Appendix A in the POA’s application). (whichever is larger) and on a path away monitoring and reporting of such taking. Marine mammal monitoring will take from the zone. A similar pre-pile driving The MMPA implementing regulations at place from 30 minutes prior to initiation clearance zone will be established to the 50 CFR 216.104 (a)(13) indicate that of pile installation and removal through north of the POA (from Cairn Point to requests for authorizations must include 30 minutes post-completion of pile the opposite bank), allowing whales to the suggested means of accomplishing installation and removal. The Level B leave Knik Arm undisturbed. Similar to the necessary monitoring and reporting harassment zone must be fully visible the in-bound whale clearance zone, pile that will result in increased knowledge for 30 minutes before the zone can be driving may not commence until a of the species and of the level of taking considered clear. Pile driving will whale(s) moves at least 100 m past the or impacts on populations of marine commence when observers have Level B harassment zone or pre- mammals that are expected to be declared the shutdown zone clear of clearance zone (whichever is larger) and present in the proposed action area. marine mammals or the mitigation on a path away from the zone. If non- Effective reporting is critical both to measures developed specifically for CIBW whale species are observed compliance as well as ensuring that the CIBWs (below) are satisfied. In the event within or likely to enter the Level B most value is obtained from the required of a delay or shutdown of activity, harassment zone prior to pile driving, monitoring. marine mammal behavior will be the POA may commence pile driving Monitoring and reporting monitored and documented until the but only if those animals are outside the requirements prescribed by NMFS marine mammals leave the shutdown 100 m shutdown zone and Level B should contribute to improved zone of their own volition, at which harassment takes have not been understanding of one or more of the point pile installation or removal will exceeded. following: begin. Further, NMFS requires that if If pile installation or removal has • Occurrence of marine mammal pile driving has ceased for more than 30 commenced, and a CIBW(s) is observed species or stocks in the area in which minutes within a day and monitoring is within or likely to enter the Level B take is anticipated (e.g., presence, not occurring during this break, another harassment zone, pile installation or abundance, distribution, density); 30-minute pre-pile driving observation removal will shut down and not re- • Nature, scope, or context of likely period is required before pile driving commence until the whale has traveled marine mammal exposure to potential may commence. at least 100 m beyond the Level B stressors/impacts (individual or If a marine mammal is entering or is harassment zone and is on a path away cumulative, acute or chronic), through observed within an established Level A from such zone or until no CIBW has better understanding of: (1) Action or harassment zone or shutdown zone, pile been observed in the Level B environment (e.g., source installation and removal will be halted harassment zone for 30 minutes. characterization, propagation, ambient or delayed. Pile driving will not There may be situations where it is noise); (2) affected species (e.g., life commence or resume until either the not possible to monitor the entire Level history, dive patterns); (3) co-occurrence animal has voluntarily left and been B harassment zone (e.g., during of marine mammal species with the

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action; or (4) biological or behavioral Knik Arm and the mouth of Knik Arm. eye’’ tripod mounted binoculars (North context of exposure (e.g., age, calving or Specifically, PSOs at Port Woronzof will End, Ship Creek, and Woronzof), and feeding areas); have unencumbered views of the theodolites. PSOs will be responsible for • Individual marine mammal entrance to Knik Arm and can provide monitoring the 100 m shutdown zone, responses (behavioral or physiological) information on CIBW group dynamics the Level A harassment zones, the Level to acoustic stressors (acute, chronic, or (e.g., group size, demographics, etc.) and B harassment zones, and the pre- cumulative), other stressors, or behavior of animals approaching Knik clearance zones, as well as effectively cumulative impacts from multiple Arm in the absence of and during pile documenting Level A and Level B stressors; driving. During the time since the POA harassment take. They will also (1) • How anticipated responses to submitted their final application, report on the frequency at which marine stressors impact either: (1) Long-term observers for the 2020 PCT Phase 1 mammals are present in the project area, fitness and survival of individual project have recommended, and NMFS (2) report on behavior and group marine mammals; or (2) populations, has included in the proposed IHA, that composition near the POA, (3) record all species, or stocks; the Ship Creek station be moved about construction activities, and (4) report on • Effects on marine mammal habitat 40 m to the end of the promontory to observed reactions (changes in behavior (e.g., marine mammal prey species, enhance visibility to the north, or movement) of marine mammals acoustic habitat, or other important especially near Cairn point. The POA during each sighting. Observers will physical components of marine also considered moving a station from monitor for marine mammals during all mammal habitat); and the POA property to Port MacKenzie for in-water pile installation and removal • Mitigation and monitoring an improved view of CIBWs moving associated with the SFD Project. Once effectiveness. from north to south within Knik Arm. pile installation and removal are The POA will implement a marine However, Port MacKenzie is not an completed for the day, marine mammal mammal monitoring and mitigation available option due to logistical observations will continue for 30 strategy intended to avoid and minimize reasons; therefore, the northern station minutes. Observers will work in impacts to marine mammals (see will remain located on POA property. collaboration with the POA to Appendix A in the POA’s application). Each of the PSO stations will be immediately communicate the presence The marine mammal monitoring and outfitted with a cargo container with an of marine mammals prior to or during mitigation program that is planned for observation platform constructed on pile installation or removal. SFD construction will be modeled after top. This additional elevation provides A draft report, including all electronic the stipulations outlined in the Final better viewing conditions for seeing data collected and summarized from all IHAs for Phase 1 and Phase 2 PCT distant marine mammals than from monitoring locations, must be submitted construction (85 FR 19294). The POA ground level and provides the PSOs to NMFS’ MMPA program within 90 will collect electronic data on marine with protection from weather. At least days of the completion of monitoring mammal sightings and any behavioral two PSOs will be on watch at any given efforts. The report must include: Dates responses to in-water pile installation or time at each station; one PSO will be and times (begin and end) of all marine removal for species observed during pile observing, one PSO will be recording mammal monitoring; a description of installation and removal associated with data (and observing when there are no daily construction activities, weather the SFD Project. Four PSO teams will data to record). The station at the SFD parameters and water conditions during work concurrently to provide full site will have at least two PSOs. The each monitoring period; number of coverage for marine mammal northern and southern observations marine mammals observed, by species, monitoring in rotating shifts during in- stations will have PSOs who will work distances and bearings of each marine water pile installation and removal. All in three- to four-person teams. Teams of mammal observed to the pile being PSOs will be trained in marine mammal three will include one PSO who will be driven or removed, age and sex class, if identification and behaviors. NMFS will observing, one PSO who will be possible; number of individuals of each review submitted PSO CVs and indicate recording data (and observing when species (differentiated by month as approval as warranted. there are no data to record), and one appropriate) detected within the Level All PSOs will also undergo project- PSO who will be resting. When A harassment zones, the Level B specific training, which will include available, a fourth PSO will assist with harassment zones, and the shutdown training in monitoring, data collection, scanning, increasing scan intensity and zones, and estimates of number of theodolite operation, and mitigation the likelihood of detecting marine marine mammals taken, by species (a procedures specific to the SFD Project. mammals. PSOs will work on a 60 correction factor may be applied); This training will also include site- minute rotation cycle and may observe description of mitigation implemented, specific health and safety procedures, for no more than 4 hours at time and no and description of attempts to communication protocols, and more than 12 hours per day. In addition, distinguish between the number of supplemental training in marine if POA is conducting non-PCT-related individual animals taken and the mammal identification and data in-water work that includes PSOs, the number of incidences of take. A final collection specific to the SFD Project. PCT PSOs must be in real-time contact marine mammal monitoring report will Training will include hands-on use of with those PSOs, and both sets of PSOs be prepared and submitted to NMFS required field equipment to ensure that must share all information regarding within 30 days following receipt of all equipment is working and PSOs marine mammal sightings with each comments on the draft report from know how to use the equipment. other. NMFS. The POA proposes that eleven PSOs Trained PSOs will have no other will be distributed at four stations: construction-related tasks or Negligible Impact Analysis and Anchorage Downtown Viewpoint near responsibilities while conducting Determination Point Woronzof, the Anchorage Public monitoring for marine mammals. NMFS has defined negligible impact Boat Dock at Ship Creek, the SFD Observations will be carried out using as an impact resulting from the Project site, and the north end of POA combinations of equipment that include specified activity that cannot be property. These locations were chosen 7 by 50 binoculars, 20x/40x tripod reasonably expected to, and is not to maximize CIBW detection outside of mounted binoculars, 25 by 150 ‘‘big reasonably likely to, adversely affect the

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species or stock through effects on discussed above. Some of these factors in a manner implementing best annual rates of recruitment or survival also apply to CIBWs; however, a more management practices to preserve water (50 CFR 216.103). A negligible impact detailed analysis for CIBWs is provided quality, and no work would occur finding is based on the lack of likely below. around creek mouths or river systems adverse effects on annual rates of • No takes by mortality or serious leading to prey abundance reductions. recruitment or survival (i.e., population- injury are anticipated or authorized; In addition, no physical structures level effects). An estimate of the number • The number of total takes (by Level would restrict passage; however, of takes alone is not enough information A and Level B harassment) are less than impacts to the acoustic habitat are of on which to base an impact 2 percent of the best available concern. Previous marine mammal determination. In addition to abundance estimates for all stocks; monitoring data at the POA demonstrate considering estimates of the number of • Take would not occur in places CIBWs indeed pass by the POA during marine mammals that might be ‘‘taken’’ and/or times where take would be more pile driving (e.g., 61 North through harassment, NMFS considers likely to accrue to impacts on Environmental, 2021). As described other factors, such as the likely nature reproduction or survival, such as within above, there was no significant of any responses (e.g., intensity, ESA-designated or proposed critical difference in CIBW sighting rate with duration), the context of any responses habitat, biologically important areas and in the absence of pile driving (e.g., critical reproductive time or (BIA), or other habitats critical to (Kendall and Cornick, 2015). However, location, migration), as well as effects recruitment or survival (e.g., rookery); CIBWs do swim faster and in tighter • on habitat, and the likely effectiveness Take would occur over a short formation in the presence of pile driving of the mitigation. We also assess the timeframe (i.e., up to 21 total hours (Kendall and Cornick, 2015). number, intensity, and context of spread over nine to 24 non-consecutive Previously there has been concern estimated takes by evaluating this days), and would be limited to the short that exposure to pile driving at the POA information relative to population duration a marine mammal would likely could result in CIBWs avoiding Knik status. Consistent with the 1989 be present within a Level B harassment Arm and thereby not accessing the preamble for NMFS’ implementing zone during pile driving. This short productive foraging grounds north of regulations (54 FR 40338; September 29, timeframe minimizes the probability of POA such as Eagle River flats based on 1989), the impacts from other past and multiple exposures on individuals, and the proposed project and mitigation ongoing anthropogenic activities are any repeated exposures that do occur measures—thus, impacting essential incorporated into this analysis via their are not expected to occur on sequential feature number 5 above (85 FR 19294). impacts on the environmental baseline days, decreasing the likelihood of Although the data previously presented (e.g., as reflected in the regulatory status physiological impacts caused by chronic demonstrate whales are not abandoning of the species, population size and stress or sustained energetic impacts the area (i.e., no significant difference in growth rate where known, ongoing that might affect survival or sighting rate with and without pile sources of human-caused mortality, or reproductive success; driving), results of a recent expert • ambient noise levels). Any impacts to marine mammal elicitation (EE) at a 2016 workshop, To avoid repetition, the discussion of habitat from pile driving (including to which predicted the impacts of noise on our analyses applies to all the species prey sources as well as acoustic habitat, CIBW survival and reproduction given listed in Table 10 for which we e.g., from masking) are expected to be lost foraging opportunities, helped to authorized take, other than CIBWs, as temporary and minimal; and inform our assessment of impacts on • the anticipated effects the POAs Take would only occur within this stock. The 2016 EE workshop used activities on marine mammals are upper Cook Inlet—a limited, confined conceptual models of an interim expected to be relatively similar in area of any given stock’s home range. population consequences of disturbance nature. For CIBWs, there are meaningful For CIBWs, we further discuss our (PCoD) for marine mammals (NRC, differences in anticipated individual negligible impact findings in the context 2005; New et al., 2014, Tollit et al., responses to activities, impact of of potential impacts to this endangered 2016) to help in understanding how expected take on CIBWs, or impacts on stock. As described in the Recovery Plan noise-related stressors might affect vital habitat; therefore, we provide a for the CIBW (NMFS, 2016a), NMFS rates (survival, birth rate and growth) for supplemental analysis for CIBWs, determined the following physical or CIBW (King et al., 2015). NMFS (2015, independent of the other species for biological features are essential to the section IX.D—CI Beluga Hearing, which we authorize take. conservation of this species: (1) Vocalization, and Noise Supplement) NMFS has identified key factors Intertidal and subtidal waters of Cook suggests that the main direct effects of which may be employed to assess the Inlet with depths less than 30 feet mean noise on CIBW are likely to be through level of analysis necessary to conclude lower low water (9.1 m) and within 5 mi masking of vocalizations used for whether potential impacts associated (8 km) of high and medium flow communication and prey location and with a specified activity should be anadromous fish streams; (2) Primary habitat degradation. The 2016 workshop considered negligible. These include prey species consisting of four species on CIBWs was specifically designed to (but are not limited to) the type and of Pacific salmon (Chinook, sockeye, provide regulators with a tool to help magnitude of taking, the amount and chum, and coho), Pacific eulachon, understand whether chronic and acute importance of the available habitat for Pacific cod, walleye pollock, saffron anthropogenic noise from various the species or stock that is affected, the cod, and yellowfin sole, (3) Waters free sources and projects are likely to be duration of the anticipated effect to the of toxins or other agents of a type and limiting recovery of the CIBW species or stock, and the status of the amount harmful to CIBWs, (4) population. The full report can be found species or stock. The following factors Unrestricted passage within or between at http://www.smruconsulting.com/ support negligible impact the critical habitat areas, and (5) Waters publications/ with a summary of the determinations for the affected stocks of with in-water noise below levels expert elicitation portion of the humpback whales, killer whales, harbor resulting in the abandonment of critical workshop below. porpoise, harbor seals, and Steller sea habitat areas by CIBWs. The SFD would For each of the noise effect lions. The potential effects of the not impact essential features 1–3 listed mechanisms chosen for expert proposed actions on these species are above. All construction would be done elicitation, the experts provided a set of

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parameters and values that determined females and calves are inherently more three showed a potential reaction, and the forms of a relationship between the at risk than other animals, such as one group continued moving towards number of days of disturbance a female males. NMFS first considered proposing impact pile installation. Of the 37 CIBW experiences in a particular period the POA shutdown based on more vibratory events monitored, nine groups and the effect of that disturbance on her vulnerable life stages (e.g., calf of CIBWs displayed a potential reaction, energy reserves. Examples included the presence) but ultimately determined all 16 displayed no reaction, and 12 number of days of disturbance during CIBWs warranted pile driving shutdown continued a trajectory towards the PCT the period April, May, and June that to be protective of potential vulnerable (61N Environmental 2021). In general, would be predicted to reduce the energy life stages, such as pregnancy, that CIBWs were more likely to display no reserves of a pregnant CIBW to such a could not be determined from reaction or to continue to move towards level that she is certain to terminate the observations, and to avoid more severe the PCT during pile installation and pregnancy or abandon the calf soon after behavioral reaction. removal. In the situations during which birth, the number of days of disturbance Monitoring data from the POA suggest CIBWs showed a possible reaction in the period April–September required pile driving does not discourage CIBWs (three groups during impact driving and to reduce the energy reserves of a from entering Knik Arm and travelling nine groups during vibratory driving), lactating CIBW to a level where she is to critical foraging grounds such as CIBWs were observed either moving certain to abandon her calf, and the those around Eagle Bay. As previously away immediately after the pile driving number of days of disturbance where a described, sighting rates were not activities started or observed increasing female fails to gain sufficient energy by different in the presence or absence of their rate of travel. This traveling the end of summer to maintain pile driving (Kendall and Cornick, behavior past the POA has also been themselves and their calves during the 2015). In addition, CIBWs continued to verified by acoustic monitoring. subsequent winter. Overall, median use Knik Arm in 2020 during the Castellote et al. (2020) found low values ranged from 16 to 69 days of duration of the PCT Phase 1 echolocation detection rates in lower disturbance depending on the question. construction project (61 North Knik Arm indicating CIBWs moved However, for this elicitation, a ‘‘day of Environmental, 2021). These findings through that area relatively quickly disturbance’’ was defined as any day on are not surprising as food is a strong when entering or exiting the Arm. We which an animal loses the ability to motivation for marine mammals. As anticipate that disturbance to CIBWs forage for at least one tidal cycle (i.e., it described in Forney et al. (2017), would manifest in the same manner forgoes 50–100 percent of its energy animals typically favor particular areas when they are exposed to noise during intake on that day). The day of because of their importance for survival the SFD project: Whales move quickly disturbance considered in the context of (e.g., feeding or breeding), and leaving and silently through the area in more the report is notably more severe than may have significant costs to fitness cohesive groups. We do not believe the Level B harassment expected to (reduced foraging success, increased exposure to elevated noise levels during result from these activities, which as predation risk, increased exposure to transit past the POA has adverse effects described is expected be comprised other anthropogenic threats). on reproduction or survival as the predominantly of temporary Consequently, animals may be highly whales continue to access critical modifications in the behavior of motivated to maintain foraging behavior foraging grounds north of the POA, and individual CIBWs (e.g., faster swim in historical foraging areas despite tight associations help to mitigate the speeds, more cohesive group structure, negative impacts (e.g., Rolland et al., potential for any contraction of avoidance, and increased foraging). 2012). Previous monitoring data communication space for a group. We Also, NMFS anticipates and has indicates CIBWs are responding to pile also do not anticipate that CIBWs will proposed to authorized 24 instances of driving noise, but not through abandon entering or exiting Knik Arm, takes, with the instances representing abandonment of critical habitat, as this is not evident based on previous disturbance events within a day—this including primary foraging areas north years of monitoring data (e.g., Kendall means that either 24 different individual of the port. Instead, they travel faster and Cornick 2015; 61N Environmental beluga whales are disturbed on no more past the POA, more quietly, and in 2021), and the pre-pile driving clearance than one day each, or some lesser tighter groups (which may be linked to mitigation measure is designed to number of individuals may be disturbed the decreased communication patterns). further avoid any potential on more than one day, but with the During PCT Phase 1 construction abandonment. Finally, as described product of individuals and days not monitoring, no definitive behavioral previously, both telemetry (tagging) and exceeding 24. Given the overall reactions to the in-water activity or acoustic data suggest CIBWs likely stay anticipated take, it is very unlikely that avoidance behaviors were documented in upper Knik Arm for several days or any one beluga would be disturbed on in CIBW. Little variability was evident weeks before exiting Knik Arm. more than a few days. Further, the in CIBW behaviors recorded by PSOs Specifically, a CIBW instrumented with mitigation measures NMFS has from month to month, or between a satellite link time/depth recorder prescribed for the SFD project are sightings that coincided with in-water entered Knik Arm on August 18th and designed to avoid the potential that any pile installation or removal and those remained in Eagle Bay until September animal would lose the ability to forage that did not (61 North Environmental, 12th (Ferrero et al., 2000). Further, a for one or more tidal cycles. While Level 2021). Of the 245 CIBWs groups sighted recent detailed re-analysis of the B harassment (behavioral disturbance) is during PCT Phase 1 construction satellite telemetry data confirms how authorized, our mitigation measures monitoring, seven groups were observed several tagged whales exhibited this would limit the severity of the effects of during or within minutes of in-water same movement pattern: Whales entered that Level B harassment to behavioral impact pile installation and 37 groups Knik Arm and remained there for changes such as increased swim speeds, were observed during or within minutes several days before exiting through tighter group formations, and cessation of vibratory pile installation or removal lower Knik Arm (Shelden et al., 2018). of vocalizations, not the loss of foraging (61 North Environmental, 2021). During This longer-term use of upper Knik Arm capabilities. Regardless, this elicitation impact installation, three of these would avoid repetitive exposures from recognized that pregnant or lactating groups of CIBWs showed no reaction, pile driving noise.

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POA proposed and NMFS has believe the taking authorized (allowed taking is less than one-third of the best prescribed mitigation measures to for in the cases where shutdowns available population abundance minimize exposure to CIBWs, cannot occur in time to avoid Level B estimate (in fact it is less than 9 percent specifically, shutting down pile driving harassment take) will not impact the for all stocks considered here; Table 10). if CIBWs are observed approaching the reproduction or survival of any Based on the analysis contained mouth of Knik Arm, shutting down pile individuals, much less the stock, and herein of the proposed activity driving should a CIBW approach or will thereby have a negligible impact. (including the proposed mitigation and enter the Level B harassment zone, The monitoring measures (four stations monitoring measures) and the stationing PSOs at Point Woronzof and each equipped with two PSOs anticipated take of marine mammals, Ship Creek, and not vibratory pile simultaneously on watch at each NMFS preliminarily finds that small driving unattenuated battered piles station) are extensive, such that we find numbers of marine mammals will be during August or September (peak it unlikely whales would go undetected. taken relative to the population size of CIBW season). These measures are The mitigation measures reduce noise the affected species or stocks. designed to ensure CIBWs will not entering the water column (a benefit for abandon critical habitat and exposure to all marine mammals) through the use of Unmitigable Adverse Impact Analysis pile driving noise will not result in an unconfined bubble curtain. Further, and Determination adverse impacts on the reproduction or the exposure risk to CIBWs is greatly In order to issue an IHA, NMFS must survival of any individuals. The minimized through the incorporation of find that the specified activity will not location of PSOs at Point Woronzof in-bound and out-bound whale pre-pile have an ‘‘unmitigable adverse impact’’ allows for detection of CIBWs and driving clearance zones. Finally, should on the subsistence uses of the affected behavioral observations prior to CIBWs pile driving be occurring at the same marine mammal species or stocks by entering Knik Arm. Although NMFS time a whale is detected, pile driving Alaskan Natives. NMFS has defined does not anticipate CIBWs would would shut down prior to its entering ‘‘unmitigable adverse impact’’ in 50 CFR abandon entering Knik Arm in the the Level B harassment zone. All these 216.103 as an impact resulting from a presence of pile driving with the measures, as well as other required specified activity that is likely to reduce required mitigation measures, these measures such as soft-starts, greatly the availability of the species to a level PSOs will be integral to identifying if reduce the risk of animals not accessing insufficient for a harvest to meet CIBWs are potentially altering pathways important foraging areas north of the subsistence needs by either causing the they would otherwise take in the POA, which could result in impacts to marine mammals to abandon or avoid absence of pile driving. Finally, take by individual fitness or annual rates of hunting areas, directly displacing mortality, serious injury, or Level A recruitment or survival. For these subsistence users, or placing physical harassment of CIBWs is not anticipated reasons, the new status of CIBWs does barriers between the marine mammals or authorized. not ultimately change our findings with and the subsistence hunters. An In summary and as described above, respect to the specified activities. ‘‘unmitigable adverse impact’’ can also the following factors primarily support Based on the analysis contained results from a specified activity that our preliminary determination that the herein of the likely effects of the cannot be sufficiently mitigated by other impacts resulting from this activity are specified activity on marine mammals measures to increase the availability of not expected to adversely affect the and their habitat, and taking into marine mammals to allow subsistence CIBWs through effects on annual rates consideration the implementation of the needs to be met. of recruitment or survival: proposed monitoring and mitigation • No mortality is anticipated or measures, NMFS preliminarily finds No subsistence use of CIBWs occurs authorized; that the total marine mammal take from and subsistence harvest of other marine • Area of exposure would be limited the proposed activity will have a mammals in upper Cook Inlet is limited to travel corridors. Data demonstrates negligible impact on all affected marine to harbor seals. Steller sea lions are rare Level B harassment manifests as mammal species or stocks. in upper Cook Inlet; therefore, increased swim speeds past the POA subsistence use of this species is not Small Numbers and tight group formations and not common. However, Steller sea lions are through habitat abandonment; As noted above, only small numbers taken for subsistence use in lower Cook • No critical foraging grounds (e.g., of incidental take may be authorized Inlet. In 2013 and 2014, the Alaska Eagle Bay, Eagle River, Susitna Delta) under sections 101(a)(5)(A) and (D) of Department of Fish and Game would be impacted by pile driving; and the MMPA for specified activities other conducted studies to document the • While animals could be harassed than military readiness activities. The harvest and use of wild resources by more than once, exposures are not likely MMPA does not define small numbers residents of four tribal communities in to exceed more than a few per year for and so, in practice, where estimated Cook Inlet: Tyonek, Nanwalek, Port any given individual and are not numbers are available, NMFS compares Graham, and Seldovia (Jones and expected to occur on sequential days; the number of individuals taken to the Kostick, 2016). Tyonek is the thereby, decreasing the likelihood of most appropriate estimation of community in closest proximity to Knik physiological impacts caused by chronic abundance of the relevant species or Arm while the other communities are stress or masking. stock in our determination of whether located lower in Cook Inlet. The only We also considered our negligible an authorization is limited to small marine mammal species taken by the impact analysis with respect to NMFS’ numbers of marine mammals. When the Tyonek community was harbor seals technical report released in January predicted number of individuals to be (from the McArthur River Flats north to 2020 regarding the abundance and taken is fewer than one third of the the Beluga River (Jones et al., 2015) status of CIBWs (Sheldon and Wade, species or stock abundance, the take is south of Knik Arm) while communities 2019). As described in the marine considered to be of small numbers. lower in the inlet relied on harbor seals, mammal section, new analysis indicates Additionally, other qualitative factors Steller sea lions and sea otters (we note the CIBW stock is smaller and declining may be considered in the analysis, such the sea otter is under the jurisdiction of faster than previously recognized. While as the temporal or spatial scale of the the USFWS; therefore, it is not a part of this is concerning, NMFS continues to activities. For all stocks, the amount of our analysis).

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The potential impacts from Mexico DPS stock or Western North section of this notice would not be harassment on stocks that are harvested Pacific Stock, and Steller sea lions from completed by the time the IHA expires in Cook Inlet would be limited to minor the western DPS, which are listed under and a Renewal would allow for behavioral changes (e.g., increased swim the ESA. The Permit and Conservation completion of the activities beyond that speeds, changes in dive time, temporary Division has requested initiation of described in the Dates and Duration avoidance near the POA, etc.) within the Section 7 consultation with the Alaska section of this notice, provided all of the vicinity of the POA. Some PTS may Region Protected Resources Division following conditions are met: occur; however, the shift is likely to be Office for the issuance of this IHA. • A request for renewal is received no slight due to the implementation of NMFS will conclude the ESA later than 60 days prior to the needed mitigation measures (e.g., shutdown consultation prior to reaching a Renewal IHA effective date (recognizing zones) and the shift would be limited to determination regarding the proposed that the Renewal IHA expiration date lower pile driving frequencies which are issuance of the authorization. cannot extend beyond one year from on the lower end of phocid and otariid Proposed Authorization expiration of the initial IHA); hearing ranges. In summary, any impacts to harbor seals would be As a result of these preliminary • The request for renewal must limited to those seals within Knik Arm determinations, NMFS proposes to issue include the following: (outside of any hunting area) and the an IHA to the POA for conducting pile (1) An explanation that the activities very few takes of Steller sea lions in driving associated with the relocation of to be conducted under the requested Knik Arm would be far removed in time SFD in Knik Arm, Alaska, provided the Renewal IHA are identical to the and space from any hunting in lower previously mentioned mitigation, activities analyzed under the initial Cook Inlet. monitoring, and reporting requirements IHA, are a subset of the activities, or Based on the description of the are incorporated. A draft of the include changes so minor (e.g., specified activity, the measures proposed IHA can be found at https:// reduction in pile size) that the changes described to minimize adverse effects www.fisheries.noaa.gov/permit/ do not affect the previous analyses, on the availability of marine mammals incidental-take-authorizations-under- mitigation and monitoring for subsistence purposes, and the marine-mammal-protection-act. requirements, or take estimates (with proposed mitigation and monitoring Request for Public Comments the exception of reducing the type or measures, NMFS has preliminarily amount of take); and determined that there will not be an We request comment on our analyses, unmitigable adverse impact on the proposed authorization, and any (2) A preliminary monitoring report subsistence uses from the POA’s other aspect of this notice of proposed showing the results of the required proposed activities. IHA for the proposed pile driving monitoring to date and an explanation associated with the relocation of the showing that the monitoring results do Endangered Species Act SFD in Knik Arm, Alaska. We also not indicate impacts of a scale or nature Section 7(a)(2) of the Endangered request at this time comment on the not previously analyzed or authorized. Species Act of 1973 (ESA: 16 U.S.C. potential Renewal of this proposed IHA Upon review of the request for 1531 et seq.) requires that each Federal as described in the paragraph below. Renewal, the status of the affected agency insure that any action it Please include with your comments any species or stocks, and any other authorizes, funds, or carries out is not supporting data or literature citations to pertinent information, NMFS likely to jeopardize the continued help inform decisions on the request for determines that there are no more than existence of any endangered or this IHA or a subsequent Renewal IHA. minor changes in the activities, the threatened species or result in the On a case-by-case basis, NMFS may mitigation and monitoring measures destruction or adverse modification of issue a one-time, one-year Renewal IHA will remain the same and appropriate, designated critical habitat. To ensure following notice to the public providing and the findings in the initial IHA ESA compliance for the issuance of an additional 15 days for public remain valid. IHAs, NMFS consults internally comments when (1) up to another year whenever we propose to authorize take of identical or nearly identical, or nearly Dated: June 10, 2021. for endangered or threatened species, in identical, activities as described in the Catherine Marzin, this case with the Alaska Region Description of Proposed Activities Acting Director, Office of Protected Resources, Protected Resources Division Office. section of this notice is planned or (2) National Marine Fisheries Service. NMFS is proposing to authorize take the activities as described in the [FR Doc. 2021–12551 Filed 6–14–21; 8:45 am] of CIBWs, humpback whales from the Description of Proposed Activities BILLING CODE 3510–22–P

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Reader Aids Federal Register Vol. 86, No. 113 Tuesday, June 15, 2021

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 430 ...... 29704, 29888, 29954, Presidential Documents 2 CFR 29964 Executive orders and proclamations 741–6000 1000...... 29483 431...... 30796, 31182 The United States Government Manual 741–6000 3 CFR 12 CFR Other Services Proclamations: 204...... 29937 Electronic and on-line services (voice) 741–6020 10218...... 29925 1026...... 29685 Privacy Act Compilation 741–6050 10219...... 29929 Proposed Rules: 10220...... 30131 210...... 31376 10221...... 30133 ELECTRONIC RESEARCH 10222...... 30135 14 CFR World Wide Web 10223...... 30137 11...... 31006 10224...... 30139 39 ...... 29176, 29178, 29181, Full text of the daily Federal Register, CFR and other publications 10225...... 30141 29183, 29185, 29187, 29483, is located at: www.govinfo.gov. 10226...... 30143 29486, 29939, 29942, 29944, Federal Register information and research tools, including Public Executive Orders: 30151, 30153, 30155, 30158, Inspection List and electronic text are located at: 13959 (partially 30162, 30380, 30383, 30753, www.federalregister.gov. superseded and 30756, 30759, 30761, 30763, amended by 30766, 30768, 30770, 31087, E-mail 14026) ...... 30145 31089, 31092, 31095, 31097, 13974 (revoked by 31101, 31599, 31601, 31604, FEDREGTOC (Daily Federal Register Table of Contents Electronic 14032) ...... 30145 31609, 31612 Mailing List) is an open e-mail service that provides subscribers 14031...... 29675 71 ...... 29488, 29489, 29946, with a digital form of the Federal Register Table of Contents. The 14032...... 30145 30164, 30165, 30167, 30168, digital form of the Federal Register Table of Contents includes 14033...... 31079 31103, 31104, 31105, 31107, HTML and PDF links to the full text of each document. 13942 (revoked by EO 31108, 31109, 31111, 31112, To join or leave, go to https://public.govdelivery.com/accounts/ 14034) ...... 31423 31113, 31114 USGPOOFR/subscriber/new, enter your email address, then 13943 (revoked by EO 73...... 29687 follow the instructions to join, leave, or manage your 14034) ...... 31423 91...... 31006 subscription. 13971 (revoked by EO 97...... 29688, 29690 PENS (Public Law Electronic Notification Service) is an e-mail 14034) ...... 31423 111...... 31006 service that notifies subscribers of recently enacted laws. 14034...... 31423 Proposed Rules: Administrative Orders: 39 ...... 29212, 29216, 29705, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Memorandums: 29707, 30216, 30218, 30395, and select Join or leave the list (or change settings); then follow Memorandum of June 30398, 30819, 30822, 30824, the instructions. 4, 2021 ...... 30533 31194, 31451, 31453 FEDREGTOC and PENS are mailing lists only. We cannot Notices: 71 ...... 29530, 29531, 29967, respond to specific inquiries. Notice of June 8, 29969, 30399 Reference questions. Send questions and comments about the 2021 ...... 31083 15 CFR Federal Register system to: [email protected] Notice of June 8, 2021 ...... 31085 732...... 29189 The Federal Register staff cannot interpret specific documents or Orders: 734...... 29189 regulations. Order of May 28, 744...... 29190 2021 ...... 29927 760...... 30533 FEDERAL REGISTER PAGES AND DATE, JUNE 5 CFR 16 CFR 29173–29482...... 1 335...... 30375 Proposed Rules: 305...... 29533 29483–29674...... 2 Ch. CII ...... 29931 29675–29928...... 3 17 CFR 7 CFR 29929–30130...... 4 200...... 31115 3...... 30535 30131–30374...... 7 240...... 31115 4284, Subpart L...... 31585 30375–30532...... 8 242...... 29195 30533–30752...... 9 Proposed Rules: 249...... 31115 30753–31086...... 10 272...... 30795 18 CFR 31087–31426...... 11 273...... 30795 3555...... 30555 31427–31584...... 14 37...... 29491 31585–31902...... 15 10 CFR 38...... 29491 154...... 29503 Ch. I ...... 29683 260...... 29503 34...... 29173 284...... 29503 1061...... 29932 Proposed Rules: 21 CFR 429...... 29888 130...... 31117

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131...... 31117 1206...... 31196 372...... 29698 73...... 29702, 30550 1308 ...... 29506, 30772, 30775, 1241...... 31196 721 ...... 30184, 30190, 30196, 302...... 31638 31427 30210 Proposed Rules: 31 CFR 1310...... 30169 Proposed Rules: Ch. I ...... 31464 50...... 30537, 31620 52 ...... 29219, 29222, 29227, 1...... 29735 22 CFR 525...... 29197 30232, 30234, 30854, 31218, 2...... 29735, 30860 22...... 31614, 31617 31645 27...... 29735 120...... 30778 32 CFR 63...... 31225 52...... 31404 121...... 29196 310...... 31430 81...... 31460 64 ...... 29969, 30571, 31668 123...... 29196 121...... 29541 87...... 30860 124...... 29196 33 CFR 174...... 29229 90...... 30860 126...... 29196 100...... 29691 180...... 29229 129...... 29196 117...... 29204 261...... 30237 48 CFR 213...... 31139 165 ...... 30178, 30180, 31166, 271...... 31233 306...... 30169 31167, 31170, 31431, 31620 721...... 31239 Ch. I...... 31070, 31075 7...... 31070 Proposed Rules: Proposed Rules: 725...... 31239 212...... 30558 100 ...... 29711, 30221, 30224, 11...... 31074 30851 41 CFR 16...... 31073 19...... 31074 24 CFR 165 ...... 29725, 29727, 30228, Proposed Rules: 5...... 30779 30230, 31456, 31459 300–3...... 31659 22...... 31074 28...... 31619 302–2...... 31659 26...... 31074 91...... 30779 34 CFR 302–3...... 31659 42...... 31074 92...... 30779 685...... 31432 302–12...... 31659 52...... 31074 570...... 30779 302–15...... 31659 53...... 31074 574...... 30779 37 CFR 302–17...... 31659 Proposed Rules: 576...... 30779 351...... 31172 2...... 31468 903...... 30779 42 CFR 5...... 31468 38 CFR 405...... 29526 6...... 31468 26 CFR 5...... 30182 417...... 29526 13...... 31468 1...... 31146 9...... 30541 422...... 29526 19...... 31468 301...... 31146 423...... 29526 52...... 31468 39 CFR 455...... 29526 27 CFR Proposed Rules: 460...... 29526 49 CFR Proposed Rules: 20...... 29732 107...... 29528 478...... 30826 43 CFR 111...... 29734 Proposed Rules: 479...... 30826 3160...... 30548 1180...... 30243 40 CFR 9230...... 30548 28 CFR 1...... 31172 Proposed Rules 31...... 31152 9 ...... 30184, 30190, 30196 8365...... 31665 50 CFR 30...... 29515 17...... 30688, 31830 29 CFR 51...... 29948 44 CFR 300...... 31178 1473...... 29196 52 ...... 29205, 29517, 29520, 61...... 31177 622...... 29209, 30393 2204...... 31165 29948, 29949, 30201, 30387, 328...... 31448 660...... 29210, 30551 4044...... 31619 30543, 30545, 30793 Proposed Rules: 78...... 29948 45 CFR 17 ...... 29432, 29975, 30888, 30 CFR 81 ...... 29522, 30204, 31438 1225...... 30169 31668 723...... 29509 97...... 29948 18...... 29364 724...... 29509 124...... 31172 47 CFR 219...... 30080 845...... 29509 141...... 29526 1...... 30389 648...... 31262 846...... 29509 180...... 29694, 30206 27...... 30389 660...... 29544 Proposed Rules: 261...... 31622 54...... 30391 665...... 30582 917...... 29709 271...... 29207, 31622 64...... 29952 679...... 29977, 31474

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