Vol. 86 Thursday, No. 22 February 4, 2021
Pages 8113–8266
OFFICE OF THE FEDERAL REGISTER
VerDate Sep 11 2014 18:21 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\04FEWS.LOC 04FEWS jbell on DSKJLSW7X2PROD with FR_WS II Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021
The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, under the Federal Register Act (44 U.S.C. Ch. 15) Subscriptions: and the regulations of the Administrative Committee of the Federal Paper or fiche 202–512–1800 Register (1 CFR Ch. I). The Superintendent of Documents, U.S. Assistance with public subscriptions 202–512–1806 Government Publishing Office, is the exclusive distributor of the official edition. Periodicals postage is paid at Washington, DC. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public Subscriptions: interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Email [email protected] issuing agency requests earlier filing. For a list of documents Phone 202–741–6000 currently on file for public inspection, see www.federalregister.gov. The seal of the National Archives and Records Administration The Federal Register Printing Savings Act of 2017 (Pub. L. 115- authenticates the Federal Register as the official serial publication 120) placed restrictions on distribution of official printed copies established under the Federal Register Act. Under 44 U.S.C. 1507, of the daily Federal Register to members of Congress and Federal the contents of the Federal Register shall be judicially noticed. offices. Under this Act, the Director of the Government Publishing The Federal Register is published in paper and on 24x microfiche. Office may not provide printed copies of the daily Federal Register It is also available online at no charge at www.govinfo.gov, a unless a Member or other Federal office requests a specific issue service of the U.S. Government Publishing Office. or a subscription to the print edition. For more information on how to subscribe use the following website link: https:// The online edition of the Federal Register is issued under the www.gpo.gov/frsubs. authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 1, 1 (March 14, 1936) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $860 plus postage, or $929, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $330, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 86 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.
.
VerDate Sep 11 2014 18:21 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\04FEWS.LOC 04FEWS jbell on DSKJLSW7X2PROD with FR_WS III
Contents Federal Register Vol. 86, No. 22
Thursday, February 4, 2021
African Development Foundation Federal Aviation Administration NOTICES NOTICES Meetings: Petitions for Exemption: Board of Directors, 8160 Google Research Climate and Energy Group, 8250–8251
Agriculture Department Federal Deposit Insurance Corporation See Commodity Credit Corporation PROPOSED RULES See Rural Business-Cooperative Service Removal of Transferred Office of Thrift Supervision Regulations Regarding Securities Offerings of State Centers for Medicare & Medicaid Services Savings Associations, Rescission of Statement of Policy NOTICES on the Use of Offering Circulars, etc., 8145–8157 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8199–8202 Federal Election Commission NOTICES Civil Rights Commission Meetings; Sunshine Act, 8199 NOTICES Meetings: Federal Energy Regulatory Commission New Jersey Advisory Committee, 8165–8166 RULES Civil Monetary Penalty Inflation Adjustments, 8131–8133 Coast Guard Fuel Cell Thermal Energy Output: RULES Bloom Energy Corp., 8133–8140 Safety Zone: NOTICES Power Plant Demolition; Grand River, Grand Haven, MI, Application: 8140–8142 Eagle Creek Hydro Power, LLC; Eagle Creek Water PROPOSED RULES Resources, LLC; and Eagle Creek Land Resources, Safety Zone: LLC, 8193–8198 Corpus Christi Ship Channel, Corpus Christi, TX, 8157– Goose River Hydro Inc., 8198–8199 8159 Environmental Assessments; Availability, etc.: Commerce Department Chittenden Falls Hydropower, Inc., 8196 See International Trade Administration Health and Human Services Department See National Oceanic and Atmospheric Administration See Centers for Medicare & Medicaid Services See Patent and Trademark Office See National Institutes of Health Commodity Credit Corporation NOTICES RULES Findings of Research Misconduct, 8203 Agricultural Conservation Easement Program, 8113–8131 Findings of Research Misconduct; Correction, 8202–8203
Copyright Royalty Board Homeland Security Department NOTICES See Coast Guard Adjustment of Cable Statutory License Royalty Rates, 8222– NOTICES 8223 Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Council of the Inspectors General on Integrity and Employed by the Transportation System, 8217–8219 Efficiency NOTICES Housing and Urban Development Department Privacy Act; Systems of Records; Correction, 8186 NOTICES Agency Information Collection Activities; Proposals, Drug Enforcement Administration Submissions, and Approvals: NOTICES Rehabilitation Mortgage Insurance Underwriting Program, Importer of Controlled Substances; Application: 8219–8220 Mylan Pharmaceuticals, Inc., 8220 Internal Revenue Service Education Department NOTICES NOTICES Quarterly Publication of Individuals, Who Have Chosen to Applications for New Awards: Expatriate, 8251–8260 Fulbright-Hays Doctoral Dissertation Research Abroad Program, 8186–8191 International Trade Administration Small, Rural School Achievement Program; Deadline for NOTICES Fiscal Year 2021, 8191–8193 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Energy Department Certain Frozen Fish Fillets From the Socialist Republic of See Federal Energy Regulatory Commission Vietnam, 8176–8177
VerDate Sep<11>2014 18:33 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\04FECN.SGM 04FECN jbell on DSKJLSW7X2PROD with CONTENTS IV Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Contents
Prestressed Concrete Steel Wire Strand From Thailand, Fisheries of the Northeastern United States: 8177–8179 Northeast Multispecies Fishery; Approved Monitoring Pure Magnesium From the People’s Republic of China, Service Providers, 8182–8183 8179–8180 Initiation of Antidumping and Countervailing Duty National Science Foundation Administrative Reviews, 8166–8176 NOTICES Meetings; Sunshine Act, 8224–8225 Justice Department See Drug Enforcement Administration National Security Commission on Artificial Intelligence NOTICES NOTICES Proposed Consent Decree Under the Clean Air Act, 8220 Meetings: Federal Advisory Committee Meeting; Extension, 8224 Labor Department NOTICES Neighborhood Reinvestment Corporation Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings; Sunshine Act, 8225 Alternative Method of Compliance for Certain Simplified Employee Pensions, 8220–8221 Nuclear Regulatory Commission Employee Retirement Income Security Act of 1974 NOTICES Prohibited Transaction Provisions Exemption Application for Direct and Indirect Transfers of Licenses: Application Procedure, 8221–8222 Palisades Nuclear Plant and Big Rock Point Plant, 8225– Investment Advice Participants and Beneficiaries, 8222 8228
Library of Congress Office of the Special Counsel See Copyright Royalty Board NOTICES Agency Information Collection Activities; Proposals, Management and Budget Office Submissions, and Approvals: NOTICES Annual Survey, 8228–8229 Rescissions Proposals Pursuant to the Congressional Budget and Impoundment Control Act of 1974; Revisions, Patent and Trademark Office 8223–8224 NOTICES Expanded Collaborative Search Pilot Program Extension, National Institutes of Health 8183–8186 NOTICES Agency Information Collection Activities; Proposals, Personnel Management Office Submissions, and Approvals: NOTICES A Generic Submission for Formative Research, Pre– Excepted Service, 8229–8238 testing, Stakeholder Measures and Advocate Forms at National Cancer Institute, 8216–8217 Presidential Documents Government-Owned Inventions; Availability for Licensing, PROCLAMATIONS 8213–8214 Trade: Meetings: Aluminum Imports Into U.S.; Adjustment (Proc. 10144), Center for Scientific Review, 8205–8208, 8211, 8214– 8263–8266 8215 Eunice Kennedy Shriver National Institute of Child Rural Business-Cooperative Service Health and Human Development, 8209 NOTICES National Cancer Institute, 8204–8205, 8210, 8215 Request for Applications: National Center for Advancing Translational Sciences, Rural Business Development Grant Programs for Fiscal 8209, 8213 Year 2021, 8160–8165 National Center for Complementary and Integrative Health, 8206–8207, 8209, 8212 Securities and Exchange Commission National Eye Institute, 8210–8211 NOTICES National Human Genome Research Institute, 8207 Application: National Institute of Allergy and Infectious Diseases, Deregistration Under the Investment Company Act of 8209, 8212–8214 1940, 8242–8243 National Institute of Diabetes and Digestive and Kidney Self-Regulatory Organizations; Proposed Rule Changes: Diseases, 8205, 8208, 8210, 8212 Investors Exchange, LLC, 8238–8240 National Institute of General Medical Sciences, 8205– Long-Term Stock Exchange, Inc., 8243–8246 8206, 8210–8211 New York Stock Exchange, LLC, 8240–8242, 8246 National Institute of Mental Health, 8212, 8217 National Institute on Aging, 8215–8217 Small Business Administration National Library of Medicine, 8203–8204, 8214 NOTICES Office of the Director, 8207–8208 Disaster Declaration: Washington, 8246 National Oceanic and Atmospheric Administration NOTICES Social Security Administration Fisheries of the Exclusive Economic Zone Off Alaska: NOTICES Groundfish of the Gulf of Alaska; Central Gulf of Alaska Agency Information Collection Activities; Proposals, Rockfish Program, 8180–8182 Submissions, and Approvals, 8246–8250
VerDate Sep<11>2014 18:33 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\04FECN.SGM 04FECN jbell on DSKJLSW7X2PROD with CONTENTS Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Contents V
Surface Transportation Board Separate Parts In This Issue NOTICES Release of Waybill Data, 8250 Part II Transportation Department Presidential Documents, 8263–8266 See Federal Aviation Administration Treasury Department See Internal Revenue Service Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Privacy Act; Systems of Records, 8260–8262 phone numbers, online resources, finding aids, and notice Veterans Affairs Department of recently enacted public laws. RULES To subscribe to the Federal Register Table of Contents Schedule for Rating Disabilities: electronic mailing list, go to https://public.govdelivery.com/ Musculoskeletal System and Muscle Injuries; Correction, accounts/USGPOOFR/subscriber/new, enter your e-mail 8142–8144 address, then follow the instructions to join, leave, or manage your subscription.
VerDate Sep<11>2014 18:33 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\04FECN.SGM 04FECN jbell on DSKJLSW7X2PROD with CONTENTS VI Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Contents
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Proclamations: 10139 (revoked by Proc. 10144) ...... 8265 10144...... 8265 7 CFR 1468...... 8113 12 CFR Proposed Rules: 303...... 8145 333...... 8145 335...... 8145 390...... 8145 18 CFR 250...... 8131 292...... 8133 385...... 8131 33 CFR 165...... 8140 Proposed Rules: 165...... 8157 38 CFR 4...... 8142
VerDate Sep 11 2014 18:21 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\04FELS.LOC 04FELS jbell on DSKJLSW7X2PROD with FR_LS 8113
Rules and Regulations Federal Register Vol. 86, No. 22
Thursday, February 4, 2021
This section of the FEDERAL REGISTER On January 6, 2020, CCC published an wetland restoration, easement contains regulatory documents having general interim rule with request for comments administration action, grazing applicability and legal effect, most of which in the Federal Register (85 FR 558–590) management plan, and nonindustrial are keyed to and codified in the Code of that implemented mandatory changes private forest land; Federal Regulations, which is published under made by the 2018 Farm Bill or that were • Removed definitions for: Active 50 titles pursuant to 44 U.S.C. 1510. required to implement administrative agricultural production, forest land, The Code of Federal Regulations is sold by improvements and clarifications. This forest land of statewide importance, and the Superintendent of Documents. final rule adopts, with minor changes, projects of special significance; the interim rule. • Made changes to easement administration actions, including Discussion of ACEP (7 CFR part 1466) DEPARTMENT OF AGRICULTURE specifying the criteria that apply to each ACEP helps farmers and ranchers type of easement administrative actions; Commodity Credit Corporation preserve their agricultural land and • Made revisions to the restore, protect, and enhance wetlands environmental markets section in 7 CFR Part 1468 on eligible lands. The program has two response to the 2018 Farm Bill; [Docket ID NRCS–2019–0006] components: • Removed the requirement that an (1) Agricultural land easements eligible entity provide evidence at the RIN 0578–AA66 (ACEP–ALE); and time of application that they have funds (2) Wetland reserve easements available to meet the minimum cash Agricultural Conservation Easement (ACEP–WRE). Program contribution requirement; The Secretary of Agriculture • Eliminated the requirement that AGENCY: Natural Resources delegated authority to the Chief, NRCS, land with a certain amount of forest Conservation Service (NRCS) and the to administer ACEP. land have a forest management plan; Through ACEP–ALE, NRCS provides Commodity Credit Corporation (CCC), • Replaced the term ‘‘proposed’’ with matching funds to eligible entities that United States Department of ‘‘permitted’’ in text about the types of are State, Tribal, and local governments, Agriculture. rights-of-way, infrastructure and nongovernmental organizations ACTION: Final rule. development, or other adjacent land with farm and ranch land protection uses whose impacts may cause land to programs, to purchase agricultural land SUMMARY: This final rule adopts, with be considered ineligible; easements. Agricultural land easements minor changes, an interim rule • Specified that under a BPS are permanent or for the maximum published in the Federal Register on transaction, the eligible entity for January 6, 2020. The interim rule duration authorized by State law. Through ACEP–WRE, NRCS protects meeting payment eligibility implemented changes to ACEP that requirements (highly erodible land and were necessitated by enactment of the wetlands on eligible lands by purchasing an easement directly from wetland conservation, and Adjusted Agriculture Improvement Act of 2018 Gross Income (AGI)) is the landowner (the 2018 Farm Bill) and changes for eligible landowners or entering into 30- year contracts on acreage owned by unless the eligible entity sells the fee administrative streamlining title to a qualified farmer or rancher improvements and clarifications. This Indian Tribes, in each case providing for the restoration, enhancement, and prior to, or at the time of, the easement final rule makes permanent many of the closing, in which case the farmer or changes made in the interim rule, protection of wetlands and associated lands. Wetland reserve easements may rancher purchaser must meet payment responds to comments received, and eligibility requirements; makes further adjustments in response be permanent, 30-years for acreage • owned by Indian Tribes, or the To address BPS transactions, to some of the comments received. specified that eligible lands owned by DATES: Effective: February 4, 2021. maximum duration authorized by State law. the eligible entity may be eligible for FOR FURTHER INFORMATION CONTACT: Participation in either ACEP–ALE or enrollment if the land is owned, on a Carrie Lindig, (202) 720–1882, or ACEP–WRE is voluntary. transitional basis, to protect the land [email protected]. Persons with The interim rule: through securing an agricultural land disabilities who require alternative • Incorporated changes to the ACEP easement on the land and to transfer fee means for communication should purposes to limit nonagricultural uses title ownership to a farmer or rancher; contact the USDA Target Center at (202) that negatively affect agricultural uses • Specified eligibility requirements 720–2600 (voice). and conservation values; related to BPS transactions; SUPPLEMENTARY INFORMATION: • Added language to specify general • Specified that NRCS will consider monitoring responsibilities under eligible entity cash contribution toward Background ACEP–ALE and ACEP–WRE; the easement purchase price and The 2018 Farm Bill reauthorized and • Removed references to the Regional measures to increase agricultural amended ACEP. The 2018 Farm Bill Conservation Partnership Program viability as ranking criteria; authorized the use of the existing (RCPP) as the 2018 Farm Bill revised • Specified that appropriate terms regulations that had been implemented RCPP as a stand-alone program, which and conditions must be included in the under the Agricultural Act of 2014 for is now in 7 CFR part 1464; easement deed to address items agreed the remainder of FY 2019 to the extent • Added definitions to reflect 2018 to by the eligible entity as a matter of that those regulations were consistent Farm Bill changes: Buy-protect-sell ranking and basis for selection for with the 2018 Farm Bill changes. (BPS) transaction, monitoring report, funding;
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8114 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
• Removed the requirement for the • Included water quality as an • ALE Contribution Requirements; eligible entity to contribute its own cash additional priority along with the • ALE Deed Requirements and Terms; resources in an amount equal to 50 priority placed on acquiring wetland • ALE Entity Certification; • percent of the amount of the Federal reserve easements based on the value of ALE Land Eligibility Issues; • ALE Planning; share; the easement for protecting and • • Specified the incurred costs by the enhancing habitat for migratory birds ALE Program Requirements; • ALE Ranking; eligible entity associated with securing and other wildlife; • • Specified that grazing under reserve Definitions; a deed to the easement that may be • Easement Administration Actions; included in the calculation of the non- grazing rights wetland reserve easement • Environmental Markets; Federal share, and that the source and or 30-year contract must comply with a • Fund Allocations; limit of other costs that may be included wetlands reserve plan of operations • Landowner Eligibility—AGI in the calculation of the non-Federal (WRPO) developed by NRCS, which Limitation Waiver; share; may include a grazing management plan • Program Administration; and • Removed reference to the component, and identified that the plan • WRE Issues. availability of waivers for grasslands of may be reviewed and modified as This final rule responds to the necessary, at least every 5 years; and comments received by the public special environmental significance since • the specific eligible entity cash Included new provisions related to comment deadline and makes minor contribution requirement was removed; the evaluation and authorization of clarifying and related changes. • compatible uses on wetland reserve Added specificity to the right of ALE Buy-Protect-Sell Transactions enforcement conveyed to NRCS under easements, including that in evaluating the terms of an agricultural land and considering compatible uses NRCS BPS transactions are arrangements easement; will consider whether the use will under ALE, first authorized under the 2018 Farm Bill, between NRCS and an • Removed the requirement that the facilitate the practical administration eligible entity where the entity owns or agricultural land easement be subject to and management of the easement or will own the land prior to the an ACEP–ALE plan; contract area and ensure that the use acquisition of the agricultural land • Specified the terms and conditions furthers the functions and values for easement on the property, and the required by statute that must be which the land was enrolled. eligible entity either: addressed if the eligible entity chooses Summary of ACEP Comments (1) Sells fee title to the land to a to allow subsurface mineral The interim rule 60-day comment farmer or rancher prior to or at easement development on the land subject to the period ended March 6, 2020, and was closing; or agricultural land easement; (2) Holds fee title at the time the • extended to March 20, 2020, to provide Revised the requirement for a the public an opportunity to consider agricultural land easement is conveyed conservation plan on highly erodible the January 24, 2020, correction. on that land, and transfers ownership of cropland; the land subject to the easement to a • Seventy commenters, including Provided that an eligible entity may individuals, organizations, and farmer or rancher not later than 3 years include terms and conditions in the agencies, submitted comments to after the date of acquisition of the ACEP–ALE deed that are intended to regulations.gov. NRCS reviewed the agricultural land easement. keep the land subject to the easement input from these 70 commenters in NRCS received comments related to under farmer or rancher ownership; BPS transactions, several of which • response to the rule and identified 576 Removed the stand-alone section comments contained within these 70 expressed support for allowing BPS regarding ACEP–ALE plans and entries. NRCS reviewed these 576 transactions. Remaining comments were captured in other sections the comments and categorized and as follows: provisions related to development of summarized them according to the Comment: NRCS received comment required conservation plans or topics identified below. The topics that related to the requirement to sell at development of ACEP–ALE plans as generated the greatest response were on agricultural value except that eligible agreed-to by the eligible entity; entities could charge qualified farmers • ALE ranking, ALE BPS transactions, and Incorporated two new categories definitions. or ranchers certain holding and under which an eligible entity may Overall, the comments expressed transactions costs. These comments demonstrate that they meet the ACEP– general support for the changes made in requested a change to the amount an ALE certification requirements and the interim rule. Six comments were not eligible entity may charge the qualified revised the criteria to require a relevant to the ACEP interim rule. Ten farmer or rancher as part of the sale of minimum of 10 agricultural land comments expressed general support for the property, recommending either that easements under ACEP–ALE, or the regulation and three comments the 10-percent limitation be removed or predecessor NRCS easement programs, criticized the regulation in general. increased to 10 percent of the total fair for all eligible entities seeking These comments did not include any market value (FMV) of the property certification; recommendations for change. rather than 10 percent of the agricultural • Specified the circumstances under NRCS appreciates all comments value. Other comments recommended which NRCS may exercise its right of submitted and thanks each person and that the sale be based on appraised enforcement under ACEP–ALE, organization who expressed an opinion agricultural value (rather than lesser of including its right of inspection; related to ACEP or the interim rule. appraised agricultural value or original • Increased the percent of acres of NRCS will continue the endeavor to purchase price) to avoid a potential total cropland in a county that may be improve its customer service and the windfall to the purchaser that might subject to an ACEP–WRE easement to 15 equitable dispensation of benefits under raise private benefit or other issues percent; ACEP. under federal tax law if the eligible • Removed the requirement for NRCS In this rule, the comments have been entity is a nongovernmental to seek input from the Secretary of the organized alphabetically by topic. The organization. Interior at the local level in the topics include: Response: The 10-percent limit was determination of eligible land; • ALE Buy-Protect-Sell Transactions; identified because NRCS may have to
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8115
recover costs if the conveyance includes forward independently without ACEP Comment: NRCS received comment more than ‘‘reasonable holding and assistance, especially if the entity would regarding the length of ACEP–ALE transaction costs.’’ It is consistent with make a profit from the subsequent land agreements for BPS transactions, industry standards and the use of a transfer, which would negate the need including request for an extension published upper limit removes the for Federal funds. beyond the 3-year ACEP–ALE potential for arbitrary decision making No change is made to the regulation agreement length (and 12-month and expensive challenges in cost in response to this issue. extension) for post-closing transfers to a recovery cases. Additionally, this Comment: NRCS received comment qualified buyer or an extension to a 5- transaction type aims to help farmers requesting that the pre-closing transfer year agreement length. and ranchers gain access to affordable of BPS easements should allow for Response: NRCS provides a period of farmland, and a limit on the holding advance payments in addition to 3 years, plus a potential additional 12 and transaction costs that may be reimbursements. months, to find a qualified buyer, in charged to the farmer or rancher ensures Response: NRCS selected the addition to the initial 2-year period that there is no circumvention of that reimbursement-only approach for pre- provided to close on the easement, for intent. closing BPS transactions as it reduces a total of 6 years for an individual A discussion of the federal income tax the risk for cost-recovery by allowing transaction. NRCS selected the 12- regulatory requirement that an NRCS and the entity to ensure the month extension for several reasons, organization described in section transaction meets all requirements prior largely based on the administrative 501(c)(3) of the Internal Revenue Code to NRCS providing cost-share burden associated with extending (IRC) operate for the benefit of public assistance. To ensure this risk is transactions further. minimized across all BPS transactions, rather than private interests is outside Additionally, NRCS recognizes that NRCS has clarified that payment of the the scope of both the jurisdiction of the post-closing BPS transactions compete Federal share will occur on a United States Department of Agriculture for the same ACEP funds that otherwise reimbursable basis for all BPS and this rule. For more information would be available to protect land that transaction types. Even under standard about the requirements applicable to is already owned by a private or Tribal tax-exempt organizations, including (non-BPS) ALE transactions, an advance payment may only be issued 30 days landowner or qualified farmer or those described in section 501(c)(3) of rancher. Under a post-closing BPS IRC, visit the IRS’s Charities and prior to closing. Therefore, the amount of time the eligible entity could be in transaction, until transfer to a qualified Nonprofits page at www.irs.gov/ farmer or rancher takes place, the charities-and-nonprofits. receipt of easement funds in advance of intended purposes of ACEP for which The ACEP statute requires the sale to the easement closing under the the Federal funds have been invested, be at ‘‘agricultural value’’ plus any requested approach is minimal, whereas reasonable holding costs. A sale at FMV the reimbursement-only approach for are not fully realized. If the property is assumes that the impact of the BPS transactions significantly reduces not ultimately transferred, then those placement of the easement on the land risk and increases administrative Federal funds have been rendered will result in the highest and best use savings for both the eligible entity and unavailable for 5 to 6 years during of the land being agriculture, and thus the Government. The regulation has which time they could have been used agricultural value. The alternative value, been updated to make the Federal share to protect another property that may the purchase price at which the entity payment provision more consistent have met ACEP purposes from the purchased the land, would have been at across the BPS transaction types. outset. Twelve months was chosen to most, theoretically, FMV of the land Comment: NRCS received comment ensure appropriate stewardship of without being encumbered by the related to adjusted gross income (AGI) Federal funds. No change is made to the easement. If the original purchase price waivers; two comments suggested regulation in response to this issue. of the property was less than FMV of the adding AGI waivers for entities involved Comment: NRCS received comment land encumbered with the easement, in BPS transactions who play an requesting addition of an option to then ACEP assistance through a BPS intermediary role as landowner. purchase at agricultural value (OPAV) arrangement is not necessary for the Another comment suggested for BPS agreements to maintain entity to have a viable transaction that automatically waiving AGI for BPS maximum flexibility. would result in the same outcome and transactions because entities only act as Response: Encumbered land under a could occur without an investment of pass-through organizations for the BPS transaction must be sold at taxpayer funds. purpose of the contract. agricultural value to a qualified farmer This requirement ensures that eligible Response: The requesting and or rancher. The ACEP statute at 16 entities do not profit from the BPS granting of AGI waivers for landowners U.S.C. 3865b(b)(4)(D)(i) specifically transaction at the cost of the qualified that the Farm Service Agency (FSA) has allows the inclusion of additional deed farmer or rancher. The provision determined do not meet the AGI terms to keep the land subject to the requiring the eligible entity to sell the limitations must ultimately be ALE under the ownership of a farmer or property at the original purchase price, addressed prior to providing ACEP rancher, which includes easement deeds if lower than the appraised agricultural funds. Determinations to waive AGI for that are part of a BPS transaction. value, was similarly included to help landowners that do not meet the AGI However, NRCS must provide oversight farmers and ranchers gain access to limitations, as set forth in 7 CFR part to ensure that the use of an OPAV term affordable farmland. NRCS has clarified 1400, must be based on a case-by-case in BPS transactions does not create an in the regulation that appraised basis. NRCS policy addresses when incentive for strawman sales to a agricultural value means agricultural NRCS makes its eligibility qualified farmer or rancher just to meet value of the land. An eligible entity determinations, including AGI, based on statutory BPS requirements and then should seek tax or legal advice if a the BPS transaction type and provides have the qualified farmer or rancher sell particular transaction, due to the maximum flexibility with respect to the the land immediately back to the entity entity’s unique circumstances, could timing of conducting AGI at agricultural value under the OPAV jeopardize its tax-exempt status. In determinations. No change is made to term. No change is made to the those instances, the entity can move the regulation in response to this issue. regulation in response to this issue.
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8116 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
Comment: NRCS received comment agricultural land easement be NRCS contemplated this proposed BPS recommending modification of the transitioned to farmer or rancher transaction structure in response to penalty for failure to complete BPS ownership within 3 years.’’ Due to the previous public comments. The transactions to a sliding scale of transitional nature of this ownership, comment received does not introduce restitution rather than full repayment. there are risks that the Federal new information resulting in a different Response: The ACEP statute requires investment in ACEP–ALE benefits will determination with respect to the legal that the ‘‘Secretary shall be reimbursed not be fully realized, risks that do not issues of easement creation, as an for the entirety of the Federal share of exist with standard ALE transactions. easement, by definition, are the rights the cost of the agricultural land However, in some circumstances, such held by someone in the land owned by easement by the eligible entity if the as an imminent threat of development, another and is created at the time of the eligible entity fails to transfer this risk is outweighed by the benefit of transfer to the other person. ownership.’’ NRCS does not have any placing an easement on land not owned The article supplied by the flexibility with respect to the level of by an otherwise eligible private or respondent reaffirmed this concept by restitution and therefore no change is Tribal landowner at the time the Federal identifying cases where courts made to the regulation in response to funds are invested in the easement. determined that the doctrine of merger this issue. NRCS therefore states in the ACEP was not applicable due to the transfer of Comment: NRCS received comment regulation that, to be eligible for a BPS an easement to a third party. Merger of requesting that eligibility for BPS transaction, the land must be subject to title addresses the extinguishment of an transactions be expanded to include conditions that necessitate the easement right due to a subsequent land owned by State and local ownership of the parcel by the eligible acquisition of fee title, while the BPS governments. entity on a transitional basis prior to the transactions present issues of easement Response: The statute identifies creation of an agricultural land creation. In addition to these issues, the ‘‘eligible land’’ as ‘‘private or tribal easement, and that these conditions may conflict of interest inherent in this type land,’’ which land owned by a State or include land subject to an ‘‘imminent of ownership scenario, which would local government is not. However, this threat of development, including, but impact enforcement, monitoring, and limitation does not preclude the not limited to, planned or approved management of the easement and involvement of a State or local conversion of grasslands to more property, would not be mitigated by government in a BPS transaction. A intensive agricultural uses.’’ Other including an anti-merger provision. No state or local government can serve as conditions may also satisfy that change is made to the regulation in the interim easement holder while a requirement. NRCS made a slight response to this issue. non-governmental-eligible entity serves editorial clarification in the regulation Comment: NRCS received comment as the landowner until the land can be with respect to the requirement that the that parcel substitutions for BPS transferred to a qualified farmer or eligible entity must, within 12-months transactions should be allowed. rancher. No change is made to the of the BPS agreement, have completed Response: Due to the unique and regulation in response to this issue. the initial purchase of the land or have complex nature of BPS transactions, the Comment: NRCS received comment demonstrated that completion of the ALE agreement includes terms that are requesting that, in the development of purchase of the land is imminent. specific to the individual transaction its policy for BPS transactions, the No other change is made to the and ultimately constitute the ‘legal entity not be required to identify the regulation in response to this issue. arrangement’ being entered into ‘relating landowner or sale price during the Comment: NRCS received comment to land owned . . . by an eligible entity’ application and agreement phase. on the issue of merger of title in BPS for the purchase of an agricultural land Response: NRCS does not require the transactions, including comment easement on that particular piece of identification of the landowner or sale recommending deed term stating merger land. In contrast, the terms of the price during the application phase. The does not apply. Another comment standard ALE agreement and contract timing of the identification of the encouraged NRCS and Office of the appendix are applied universally to landowner and the sale price is General Counsel to rely on an opinion every parcel funded. No change is made specified in the ALE-agreement terms of counsel eligible to practice in the to the regulation in response to this and based on the specific BPS State in which the ALE project is issue. transaction type as either a pre-closing located to the effect that no merger Comment: NRCS received comment or post-closing transfer. No change is would result through the transaction if recommending that changes to made to the regulation in response to the eligible entity: (1) Developed strong transaction type (pre-closing versus this issue. anti-merger language to allow it to grant post-closing transfer) be allowed after Comment: NRCS received comment an agricultural land easement to itself entering into agreement. requesting that land eligibility while still holding the fee title to the Response: NRCS identified two types provisions be changed for BPS property, and then (2) reaffirmed the of BPS transactions in the interim rule: transactions, including removal of the agricultural land easement at the time pre-closing and post-closing transfers, ‘‘imminent threat’’ test example or the eased parcel is sold to a farmer or which are differentiated based on the addition of ‘‘advancing program goals’’ rancher. timing of the sale of the fee title interest as a basis for eligibility. Response: ACEP–ALE is a nationwide in the land to a qualified farmer or Response: To align with the program and State law varies on the rancher relative to the timing of ‘‘Conference Report to Accompany H.R. effectiveness of an anti-merger clause; securing the agricultural land easement. 2—Agriculture Improvement Act of however, in general, entities may The regulation specifies the 2018’’ (Managers’ Report), the ACEP– include a no merger clause in ALE requirements and ALE-agreement terms ALE ‘‘eligible land’’ definition for BPS deeds. However, NRCS does not believe that apply to both types. NRCS will transactions was modified to ‘‘allow for that the combination of an anti-merger address in the terms of the ALE agricultural land to be owned by an clause with the suggested attorney’s agreement how an eligible entity may eligible entity on a transitional basis to opinion sufficiently allows an eligible request a modification to an ALE- qualify for program participation, entity to temporarily hold the easement agreement to change between these two provided that the land subject to the and the underlying fee at the same time. types of BPS transactions. No change is
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8117
made to the regulation in response to additional sources and amounts do not event the non-Federal share provided by this issue. need to be identified. the eligible entity is less than such Comment: NRCS received comment Additionally, given that an eligible amount, NRCS will provide a Federal requesting clarification in the preamble entity’s contribution may be related to share equivalent to the non-Federal as to whether a qualified farmer or cash resources expended for the share being provided. rancher includes those who do not file purchase of the land prior to the Response: The interim rule mirrors a Schedule F, such as a farmer in an S easement transaction, NRCS has the statute. Additionally, the language corporation. clarified in the regulation that for BPS allows for the possibility that, in the Response: IRS Form 1040 or 1040–SR, transactions, part of the non-Federal event that the non-Federal share Schedule F, ‘‘Profit or Loss from share provided by an eligible entity may provided by the eligible entity does not Farming,’’ is the preferred include that portion of the fair market comprise the difference between the documentation and is consistent with value of the agricultural land easement Federal share and the remainder of the other NRCS and USDA programs. that is not provided as the Federal FMV of the easement, NRCS could still However, NRCS will also consider share. provide a lesser amount that is circumstances in which other forms of Comment: NRCS received comment equivalent to the non-Federal share. IRS documentation identifying the requesting clarification about the timing Although this is unlikely, removing the landowners’ engagement in an and the type of documentation that language from the regulation would agricultural operation may be would be required for procured costs eliminate this possibility. No change is appropriate. incurred by the eligible entity if relied made to the regulation in response to upon to meet the non-Federal share this issue. ALE Contribution Requirements requirement. Under both the 2014 and 2018 Farm Response: The regulation states that ALE Deed Requirements and Terms Bills, NRCS may provide a Federal share documentation requirements for NRCS received comment related to that does not exceed 50 percent of the procured costs are included in the ALE the topic of ALE deed requirements and FMV of the agricultural land easement agreement. NRCS recognizes that, at the deed terms as follows: and requires the eligible entity to time of agreement, costs for procured Comment: NRCS received comment provide a share at least equivalent to items are estimated amounts and have related to the ALE deed template that provided by NRCS, except in the not yet been incurred. Such estimates review, recommending that the deed case of grasslands of special are needed in order to calculate the template review be limited to ensuring environmental significance. For amount of the Federal share that may be that the minimum deed terms are grasslands of special environmental obligated. No change is made to the incorporated and that other terms are significance, NRCS may provide a regulation in response to this issue. not contrary to the purpose of ACEP. Federal share that does not exceed 75 Comment: NRCS received comment Response: The NRCS review of ALE percent of the easement FMV and the requesting that baseline reports and deed templates focuses on ensuring that non-Federal share requirement is mineral assessments be added to the list minimum deed terms (MDT) are adjusted accordingly. The 2018 Farm of procured costs that may be included incorporated and ensuring other terms Bill removed the 50-percent cash in the non-Federal share. are not contrary to the purpose of the contribution requirement on the part of Response: NRCS added baseline program. Review of other items may be the eligible entity and identified reports and mineral assessments to the necessary to ensure that the document permissible sources of the non-Federal list of items that may be included in the will work effectively as a template for share. NRCS received the following non-Federal share if these items are the acquisition of agricultural land comments. procured by the eligible entity from easements on multiple parcels. No Comment: NRCS received comment in third parties. change is made to the regulation in support of removing the requirement for Comment: NRCS received comment response to this issue. the eligible entity to provide a minimum asking that a Federal share of up to 75 Comment: NRCS received comment cash contribution toward the purchase percent of easement costs be provided about deed provisions related to of the agricultural land easement and in communities that do not have eligible agricultural use, including a request to allowing donations of land by the entities present. strike the phrase ‘‘consistent with landowner and eligible entity expenses Response: The statute limits NRCS’s agricultural use’’ and replace it with the for procured items to satisfy the non- authority to provide a Federal share of phrase ‘‘does not negatively affect Federal share requirements. Other up to 75 percent of the easement value agricultural use’’ as to commercial uses. comments did not support eligible to grasslands of special environmental Another comment recommended that entities no longer being required to significance only. No other types of NRCS limit its ability to impose greater provide a minimum cash contribution. transactions are authorized to receive up deed restrictions in instances where the Response: The regulatory changes to 75 percent of the easement value, State definition of agricultural uses may follow requirements of the 2018 Farm including transactions that occur in result in the degradation of the soils, Bill. No change is made to the communities that do not have an agricultural nature of the land, or regulation in response to this issue. eligible entity present. No change is related natural resources. Comment: NRCS received comment made to the regulation in response to Response: This phrase ‘consistent suggesting changes to how NRCS this issue. with agricultural use’ is unchanged from structured the non-Federal share in the Comment: NRCS received comment the previous ACEP regulation and is regulation. They asked that the ‘‘and’’ at requesting a change to clarify that the expansive enough to apply to farmland the end of the list be replaced with an non-Federal share provided by the and grassland enrollments and is ‘‘or.’’ eligible entity for ACEP–ALE grasslands sufficient to prevent commercial uses Response: NRCS is clarifying that the of special environmental significance that may negatively affect agricultural sources comprising the non-Federal must comprise the difference between uses. NRCS may impose deed share are listed in order, and proceeding the Federal share and the remainder of restrictions needed to ensure ACEP– through the list, once the minimum the FMV. The comment requested ALE purposes will be met in exchange non-Federal share amount is met, removal of the provision that, in the for the Federal investment. No change is
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8118 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
made to the regulation in response to with flexibility to allow for changes to Comment: NRCS received comment this issue. the agricultural operation. recommending that certified entities Comment: NRCS received comment NRCS requires a parcel-by-parcel need not be required to seek NRCS expressing general support for various determination because impervious approval for subdivision and other elements of the deed requirements set surface limitations are site-specific. activities that currently require NRCS forth in the interim rule, including NRCS will not approve a blanket waiver approval under regulatory deed commending NRCS for the revised or grant eligible entities a right to create requirements and allow only notice to mineral development language; blanket waivers for a greater impervious NRCS of these actions as sufficient. language regarding an entity’s use of surface limit. Response: The interim rule language their own deed terms and conditions; However, there is an existing waiver did not change from prior rules. and supporting the U.S. right of option available that may have been Certified entities have broad discretion enforcement and right of inspection underutilized. Specifically, when an already but still must meet regulatory language in the interim rule. eligible entity has a waiver process deed requirements. NRCS, as a Response: NRCS thanks respondents consistent with NRCS limitations and it fiduciary, must approve those actions for their input. No change is made to the is based on parcel-by-parcel that can so fundamentally affect regulation in response to these issues. determinations made by the entity, the program purposes. Comment: NRCS received comment entity may request authority from NRCS Comment: NRCS received comment related to amendment clauses that must to use its own process. In this case, with respect to the requirement of the be included in each agricultural land separate individual parcel waivers from United States right of enforcement in easement deed, recommending splitting NRCS would not be necessary. the agricultural land easement deed, the amendment provision in the No change is made to the regulation including request that a reference to regulation to avoid confusion between in response to this issue. § 1468.28 be added to the right of ‘‘amendments’’ and the various types of Comment: NRCS received comment enforcement definition, easement administration actions regarding the subsurface mineral deed recommendation that the word (subordination, modification, exchange, provisions. The comments requested: ‘‘contingent’’ should be inserted before and termination actions). • the term ‘‘United States right of Response: NRCS appreciates the A requirement that native plants be used to remediate subsurface mining enforcement’’, and a statement that the request for clarification regarding the right of enforcement does not include requirement that each agriculture land impacts; • A requirement that involves State the ability of the NRCS enforce the easement deed include clauses that terms of an ALE plan if such a plan address amendments or changes that technical committees when determining impact of mineral development; exists. may occur after recordation of the Response: NRCS removed the term • That NRCS seek guidance on timing easement. To clarify, NRCS uses the ‘‘contingent’’ many years ago to remove and responsibility for the development term ‘‘amendment’’ in the regulatory confusion that such right is a currently deed requirement in § 1468.25(d)(4) of the subsurface development plan; and • vested right. The term ‘‘contingent’’ broadly to include each type of That NRCS provide flexibility in the indicates that NRCS’s exercise of its easement administration action: identification of de minimis gravel right of enforcement is conditioned on Subordination, modification, exchange, extraction sites. particular events. It does not mean that and termination. In practice, NRCS Response: NRCS recognizes the the right itself is contingent, such that provides two separate clauses in the preference for the use of native plants it would only be vested upon some minimum deed terms to address this for remediating sites in general, but the future event. regulatory deed requirement and fully determination of the appropriate NRCS has not included any cross encompass the various types of vegetation for any particular easement references to the various sections which easement administration actions. NRCS must be based upon site-specific factors. relate to the United States right of revised the text in the final rule to While the State technical committee enforcement in the definition itself clarify and remove ambiguity regarding can provide input on the impact of since such cross-referencing is the various types of changes to the mineral development to particular land unnecessary. easement deed or easement area that uses or locations in the State, such input Agricultural land easements acquired must be approved in advance by NRCS. would be inappropriate on an under the 2018 Farm Bill are not Comment: NRCS received comment individual easement basis. required to have or be subject to an ALE regarding the interim rule’s impervious The eligible entity is responsible for plan. NRCS enforces highly erodible surface limitations that must be providing the subsurface mineral land conservation plans on highly specified in ACEP–ALE easement deeds, development plan to NRCS, which must erodible cropland as required by the including comments recommending that be approved by NRCS prior to initiation ACEP–ALE statute; however, NRCS NRCS authorize a blanket impervious of the mineral development activity, as does not otherwise identify in the surface waiver to ACEP–ALE easement set forth in § 1468.25(d)(7)(v). regulation the enforcement of an ALE deed language and cap the waiver The de minimis gravel extraction plan. authority at 5 percent of the easement matter is not a regulatory issue but the No change is made to the regulation area. comment responds to text that exists in in response to this issue. Response: The impervious surface the current minimum deed terms. Comment: NRCS received comment limitation and the current cap are well- NRCS would like to clarify that de stating that the statutory requirement of established. NRCS explained in prior minimis gravel extraction is through providing notice and right to participate rulemakings the basis for its use of a surface methods and therefore not when exercising the right of inspection 2-percent limitation and the flexibility encompassed by the subsurface mineral should be added to the rule and deed of having a waiver that allows up to 10 deed. Additionally, the current terms. percent based upon site-specific factors. minimum deed terms authorize such de Response: The circumstances under In particular, this limitation provides a minimis gravel extraction for on-farm which NRCS may enter upon and reasoned balance between ensuring the purposes. No change is made to the inspect an easement pursuant to the future capacity of agricultural land use regulation in response to these issues. United States right of enforcement is
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8119
included in the full right of enforcement Comment: NRCS received comment NRCS specifically requested public clause provided to all eligible entities requesting additional guidance on the comment in the interim rule on whether and must be used in all ACEP-funded entity certification process, including RCPP or HFRP could protect lands on agricultural land easement deeds. The evaluation criteria, how NRCS will which NIPF is the predominant use at ACEP regulation clarifies that NRCS address partnerships between certified levels beyond the scope of ACEP–ALE. will provide the agricultural land and non-certified eligible entities, what Regarding the two-third limitation, easement holder and the landowner a technical assistance NRCS may provide NRCS cannot authorize parcels that are reasonable opportunity to participate if to certified entities (with regards to 100 percent NIPF because statutory NRCS exercises its right of inspection. things like title review and appraisal), eligibility criteria is phrased as NIPF Comment: NRCS received comment the benefits of certification, and the contributing to the economic viability of recommending that deed terms should definition of a plan for administering an offered parcel or serving as a buffer allow site potential tree height (SPTH) easements. The comment detailed to protect land from development. Thus, forested riparian buffers as a permissible recommendations about the kind of the eligibility of NIPF is in relationship provision in western Washington. transparency NRCS should have for its to other eligible land. This has long Response: The ACEP regulation process and the timeline. Another been NRCS’s interpretation of this includes a ‘‘catch-all’’ provision that comment requested a streamlined eligibility criterion under ACEP–ALE allows States to have additional process for certifying eligible entities, and its predecessor Farm and Ranch minimum deed terms. NRCS including State agencies and land trusts. Lands Protection Program. Congress recommends that the commenters and Response: The internal certification specifically rejected language that any stakeholders with similar concerns review process is found at 440 would have expanded eligibility in the should work with their applicable State Conservation Programs Manual (CPM) 2018 Farm Bill. NRCS concurs that the Conservationist. No change is made to Part 528 and may be accessed at https:// availability of other USDA easement the regulation in response to this issue. directives.sc.egov.usda.gov/. NRCS will programs that specifically protect Comment: NRCS received comment continue its ongoing efforts to forested lands warrants the continued related to how the ALE-agreement streamline processes through new focus of ACEP–ALE more broadly on references the deed requirements. business tools to be as efficient and other agricultural lands. No change is Response: The ALE agreement must effective in program delivery as possible made to the regulation in response to specify the deed requirements as set while operating within legal authorities. this issue. forth in the regulation so that they are NRCS will continue to make publicly Comment: NRCS received comment enforceable. available any new policy or guidance. about the definition of grasslands of special environmental significance ALE Entity Certification No change is made to the regulation in response to this issue. (GSES) under ACEP–ALE, including NRCS received comment related to support for the definition of GSES and Comment: NRCS received comment ALE entity certification as follows: the prioritization and management of expressing support for changes made in Comment: NRCS received comment native vegetation and habitats in the interim rule to the entity on the term of agreements with certified relationship to GSES. A comment also certification process. eligible entities recommending that encouraged the return of land to NRCS allow for a minimum 5-year term. Response: NRCS appreciates this heritage marshes and vernal pools Response: NRCS is changing the support. wherever possible on GSES enrollments. regulatory language in response to this ALE Land Eligibility Issues Another comment supported allowing comment to specify that agreements only native vegetation to be categorized NRCS received comment related to with certified entities will be for a as GSES. minimum of 5 fiscal years following the ALE land eligibility as follows: Response: NRCS believes that the fiscal year the agreement is originally Comment: NRCS received comment current GSES definition supports the executed, but may not exceed 7 fiscal about forest land eligibility issues. Many recommendation about prioritization of years following the fiscal year the supported maintaining the two-thirds native vegetation and habitat. In agreement is originally executed. NRCS limitation on non-industrial private particular, the GSES definition has found that an upper limit is forest land (NIPF) eligibility under identifies sensitive or declining native necessary to limit the administrative ACEP–ALE and offered that programs prairie or grassland types or grasslands burden associated with implementing like the Regional Conservation buffering wetlands. However, there are agreements that cross different farm Partnership Program (RCPP), Healthy grasslands that, while not native bills. Forests Reserve Program (HFRP), and vegetation, provide critical habitat for Comment: NRCS received comment Forest Legacy Program can all be used at-risk species that warrant the urging NRCS to expand eligibility for currently to protect forest lands. increased Federal investment to protect. certification for State agencies, Another comment requested the two- Thus, NRCS will not limit GSES to recommending a broadening of language third limitation on NIPF in ACEP–ALE native vegetation only. No change is for which types of prior conservation be struck. made to the regulation in response to easements would be counted, and Response: To minimize duplication, this issue. requesting that NRCS drop the number overlap, and conflict with other USDA Comment: NRCS received comment of required prior conservation easement forest easement programs, the interim related to ALE land eligibility, transactions from 10 to 5. rule and this regulation maintain the including: Response: The terms for certification existing eligibility provision that land • A request that confined animal of State agencies are set forth in statute, enrolled in ACEP–ALE cannot include feeding operations (CAFOs) not be including the type of easements that can NIPF greater than two-thirds of the eligible for an ALE-funded easement; be counted and the number of prior ACEP–ALE easement area unless • A comment addressing the transactions required, and NRCS does waived by NRCS with respect to forest ineligibility criteria related to on-site not have discretion to waive or amend lands dedicated to sugar bush that and off-site conditions; those provisions. No change is made to contribute to the economic viability of • A comment commending NRCS for the regulation in response to this issue. the parcel. including criteria related to permitted
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8120 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
rights-of-way and requesting that NRCS land subject to an agricultural land which sound conservation stewardship clarify how off-site conditions are easement may enter into a CRP contract. originates. To eliminate support for deemed suitable for the purpose of Determinations of land eligibility for planning would undermine the quality making ALE land eligibility enrollment in CRP are under the of stewardship that would be determinations; purview of FSA and we have therefore encouraged on lands in which the • A comment requesting that NRCS shared the comment with FSA. No public provides a sizable financial broaden the definition of access and the change is made to the regulation in investment. Additionally, as a ranking eligibility requirements so that air response to these issues. criterion this consideration does not access can qualify; and prohibit eligible entities from being able ALE Planning • A comment requesting additional to access program funding but instead clarification as to whether a farmer or NRCS received comment related to acknowledges that eligible entities rancher can participate in both ALE and ALE planning and ALE plans as follows: committed to long-term conservation Conservation Reserve Program (CRP). Comment: NRCS received comment planning are helping to ensure an Response: For any proposed easement related to ALE planning generally and agricultural land easement yields the containing a CAFO, the confined area is some of them urging NRCS to require a greatest benefits for the landowner, a heavy use area that must be evaluated grassland management plan for conservation, and the public funds by NRCS to determine if the on-site or grasslands of special environmental invested in that easement. No change is off-site conditions render the site significance given the higher made to the regulation in response to ineligible and make a determination as environmental value of these easements. this issue. to whether the land meets the required Another comment recommended that Comment: NRCS received comment land eligibility criteria. This is a case- NRCS continue to encourage planning related to the definition of the ALE plan, specific determination and broad on ALE easements, while a comment with some advocating for the removal of categorization of land eligibility simply did not support how NRCS encouraged the ALE plan definition entirely because based on type of operation is not planning. plans are no longer mandated by statute. appropriate. NRCS has set forth in Response: The 2018 Farm Bill Another comment supported the national policy, which is publicly removed language requiring that ACEP– definition of ALE plans and available, the procedures and forms ALE easements enrolled under the 2018 commended NRCS for clearly defining NRCS uses to make land eligibility Farm Bill be subject to an ALE plan, that the plan is developed by the determinations for ACEP–ALE, including grasslands of special eligible entity and not as a component including assessing the potential of environmental significance. However, in of the deed. Comment also expressed onsite and offsite conditions to the Managers’ Report, the Managers support for limiting conservation plans undermine the purposes of ACEP. ‘‘encourage USDA and eligible entities to only highly erodible croplands. Ultimately, land eligibility to work with landowners entering into Response: NRCS supports determinations are site-specific and rely an ALE easement to undertake conservation planning as the upon programmatic and technical conservation planning activities on their cornerstone of land stewardship efforts. assessments based on criteria set forth land in order to maximize the NRCS retained the definition of the ALE broadly in national policy and more environmental value of the protected plan in the ACEP regulation. No change specifically at the State level. For more land.’’ Therefore, NRCS will continue to is made to the regulation in response to information, see: 440 CPM part 528 at encourage planning on ACEP–ALE this issue. https://directives.sc.egov.usda.gov/. enrollment, including grasslands of Legal access to agricultural land special environmental significance. No ALE Program Requirements easements is critical to the ability of the change is made to the regulation in NRCS received comment related to eligible entity, and NRCS, under its response to this issue. ALE program requirements as follows: right of enforcement, to monitor and Comment: NRCS received comment Comment: NRCS received comment enforce the terms of the easement and strongly supporting the recognition ALE requesting clarification as to how NRCS ensure that program purposes are plan as a measure that maintains or will determine if a landowner entity is achieved. Effective monitoring and increases the agricultural viability of the compliant with AGI. enforcement ultimately require ground land in the ranking criteria, and Response: NRCS uses the AGI inspection and verification. Access to an identified that the ranking criterion eligibility determinations made by the easement that can only be achieved by should strongly weight ALE plans for FSA. NRCS accesses such aircraft would require both the eligible grasslands of special environmental determinations through the agencies’ entity and NRCS to maintain, in significance and that a plan should be shared database services. No change is perpetuity, aircraft that can provide required for any application that is made to the regulation in response to personnel access to monitor and land on prioritized based on carbon this issue. the easement property and would sequestration or climate change Comment: NRCS received comment require the landowner to maintain, in resiliency goals. Another comment related to the requirement that eligible perpetuity, a landing strip or helipad on expressed that an ALE plan should not entities must provide evidence of their the property. NRCS does not maintain be recognized in the ranking criteria financial capacity for transactions in its own aircraft for easement monitoring because it is no longer required by which the non-Federal share does not purposes and cannot evaluate the safety statute. include at least a 10-percent cash and suitability of aircraft owned by the Response: As described in the contribution from the eligible entity for eligible entity or the landowner’s preamble of the interim rule, NRCS payment of easement compensation to landing strip or helipad. All lands that identified that the development and the landowner. Other comment do not have sufficient legal, physical maintenance by the eligible entity of an requested removal of the requirement access are ineligible to receive Federal ACEP–ALE plan could be a ranking that the entity provide specific evidence funds under ACEP, including those that consideration at the State level to of funds available for stewardship of the are only accessible by air. prioritize applications from eligible easement and suggested that entity The 2018 Farm Bill specifies that a entities. NRCS believes that eligibility requirements that apply to all farmer or rancher who owns eligible conservation planning is the base upon ACEP–ALE transactions regardless of
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8121
entity cash contribution amounts are valuation options beyond USPAP framework under ACEP–ALE allows sufficient. Other comment commended appraisals. NRCS and eligible entities to more NRCS on including the requirement but Response: NRCS provides guidance in easily address enrollment changes, such requested clarification as to what would policy with respect to what is required as parcel substitution or acreage constitute specific evidence of funds if an eligible entity elects to use an modifications. Since NRCS does not available for stewardship. alternative easement valuation receive landowner applications directly Response: All entities must methodology, including a ‘‘Specification for ACEP–ALE enrollment, NRCS will demonstrate capability and capacity as and Scope of Work for Areawide Market provide outreach to States to help an eligibility requirement. Under the Analysis for ACEP–ALE.’’ These items landowners interested in ACEP–ALE 2014 Farm Bill, NRCS could use an are published and publicly available in identify eligible entities in their entity’s ability to provide at least the NRCS directive Title 440, Conservation geographic area. No change is made to required cash contribution amount for Programs Manual (440–CPM), Part 528, the regulation in response to this issue. all ACEP–ALE transactions as an Section 528.53, and in 440–CPM, Part Comment: NRCS received comment indication that the entity is able to meet 527, Subpart E, which can be accessed recommending that NRCS allow water capability and capacity requirements. on the NRCS Electronic Directives supply entities to participate in ACEP– Where an entity is unable to provide at system at https:// ALE as eligible entities. least a minimum cash contribution, directives.sc.egov.usda.gov/. No change Response: An eligible entity must questions arise as to the entity’s is made to the regulation in response to meet the definition of an eligible entity financial capacity to assume this issue. established by statute and incorporated responsibility for the easement Comment: NRCS received comment into the ACEP regulation. NRCS does acquisition. NRCS has, therefore, recommending that NRCS be required to not have authority to expand the basic specified in the regulation the consult with the State technical eligible entity definition. No change is conditions under which additional committee on ACEP–ALE prioritization made to the regulation in response to capability and capacity evidence will for ranking, special eligibility, and all this issue. always be required. However, it is other State-decided criteria. Response: Statutory authority states ALE Ranking always the entity’s responsibility to that State technical committees assist in NRCS received comment related to establish that it meets basic ACEP–ALE implementation and technical aspects of ALE ranking as follows: eligibility requirements and as conservation programs under Title XII Comment: NRCS received comment identified in the rule, the entity must of the Food Security Act, such as ACEP. related to removing the factor associated provide to NRCS sufficient information Sections 1468.2 and 1468.22 of the with national ranking criterion that to establish that the applicable entity ACEP interim rule incorporate this role, takes into consideration whether the eligibility criteria have been met. including that State technical cash contribution is being provided by Comment: NRCS received comment committees provide input on the the eligible entity toward the payment recommending that the definition of a development of ranking criteria and of easement compensation to the farm or ranch succession plan be other matters. No change is made to the landowner. Other comments: expanded to include transfers of land regulation in response to this issue. • Recommended consideration of and deeds to non-relatives and other Comment: NRCS received comment State and local tax incentives be added long-term protections for agricultural related to the ACEP–ALE application to this factor; productivity. Also, comment process and the new option for ALE- • Recommended NRCS prioritization recommended specifying that program agreements, requesting that of landowner donation in the ranking; successions plans may include options NRCS make the application form and and to purchase at agricultural value or new option for ALE-program agreements • Agreed with including the eligible preemptive purchase rights. form more usable and that the process entity’s cash contribution in the Response: The key part of a be streamlined. Other comments wished ranking. succession plan is that the landowner to have greater guidance about how Response: The Managers report makes arrangements for the future producers could participate and introduced flexibilities to provide better management of the land as a farm or supported the new ALE program access to ACEP in States where ranch once the landowner retires or agreement option and requested conservation easement funding is dies. NRCS does not limit those types of additional clarification regarding its limited. The Managers stated that they arrangements. The definition of the availability. did not intend for NRCS to reject cash succession plan in the regulation used Response: NRCS appreciates the matches entirely but broadened the intra-family succession agreements or complexity of easement transactions, options available to eligible entities. business asset transfer strategies as including the extent of information that NRCS recognizes that any time the examples. NRCS has added language to must be collected from applicants and eligible entity’s cash contribution is clarify that the examples included in the participants on various program forms. reduced, the landowner receives less definition are not all-inclusive. NRCS has made several efforts to compensation for the sale of an Comment: NRCS received comment streamline the ACEP–ALE enrollment easement on their land, which may related to the easement valuation process. In FY 2020, NRCS released result in ACEP funds being the only methods available under ACEP–ALE, various new or updated forms used to funds paid to the landowner for the encouraging NRCS to provide guidance administer ACEP–ALE. Additionally, easement. Additionally, the increased on information required for easement NRCS piloted in fiscal year 2019 and is donation by the landowner will valuation methods used other than the implementing more widely in fiscal year frequently satisfy the minimum non- Uniform Standards of Professional 2020 the use of ALE program Federal share requirement under ACEP– Appraisal Practice (USPAP) appraisals, agreements, making available several ALE. By considering the cash including areawide market analysis or automated eligibility and payment contribution as a positive attribute in other industry-approved methods. processes previously only available to ranking, NRCS is encouraging Comment also expressed support for the NRCS financial assistance programs. enrollment while ensuring that ACEP is current availability of ACEP–ALE Also, the use of a program agreement implemented equitably. Each State has
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8122 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
the ability to calibrate the relative ranking criterion related to the change is made to the regulation in importance of cash contributions in the multifunctional benefits of farm and response to this issue. prioritization of applications for ranch land protection, of which social Comment: NRCS received comment enrollment in that State. No change is and economic considerations may be and appreciation related to various State made to the regulation in response to included. ranking criteria, including requesting these issues. No change is made to the regulation that NRCS provide specific references to Comment: NRCS received comment in response to these issues. geographic differences for States to use related to ranking priority for actions Comment: NRCS received comment in ranking. Other comment stated that related to the future, agricultural, and about eliminating the potential for prioritizing land in areas zoned for long-term viability of enrolled land. prioritization of applications for which agricultural use may inadvertently Comment supported adding information eligible entities agree to use the ACEP– exclude agricultural lands. Comment to the succession plan portion of the ALE minimum deed terms. also recommended that protection of ranking, such as specifically identifying Response: In the interim rule, NRCS native prairie and other native habitats, OPAV, Purchase of Development Rights indicated that it may prioritize including protection or improvement of (PDR), and other succession planning transactions where an eligible entity habitat for pollinators, be added to the options that maintain agricultural uses NRCS’s standard set of minimum State ranking criteria related to the viability or awarding points for deed terms. This potential prioritization diversity of natural resources to be innovative succession requirements. also existed for enrollment during the protected or improved, and requested Comment also: that riparian buffers be ranked as the • 2014 Farm Bill and its inclusion as a Recommended expanding the factor in the State’s ranking criteria is at highest ACEP–ALE priority. Response: NRCS believes that the ranking criteria to prioritize the State’s discretion. An eligible regulation provides a sufficient applications that increase opportunities entity’s use of the standard set of framework under which the various for historically underserved farmers; minimum deed terms streamlines the • items brought forth in these comments Supported the maintenance of easement approval process and can all be addressed at the State level agricultural viability as a ranking eliminates the need for NRCS review of with input from the State technical criterion; including supporting its the conservation easement deed for committee. No change is made to the inclusion as both a national and State individual transactions. The efficiency regulation in response to these issues. ranking factor; by which easement transactions are • Suggested that such inclusion is Comment: NRCS received comment completed, including the use of duplicative; related to various national ranking • Recommended that agricultural available administrative streamlining criteria. One comment indicated that it viability be included in the national options, is an appropriate consideration is contradictory to limit forest land ranking criteria; and in ranking, and no change was made in enrollment to two-thirds of an easement • Recommended that succession this final rule. No change is made to the area while also having the extent of planning be removed from the ranking regulation in response to this issue. forestland as part of a ranking criterion. criteria. Comment: NRCS received comment Another comment encouraged NRCS to Response: Based on national and State related to the State ranking criteria for clarify in the regulation that it will use ranking criteria in the ACEP regulation, multifunctional benefits for the the ‘median’ county average farm size NRCS at the State level develops protection of a particular farm or ranch, and requested higher priority be given ranking factors and associated weights. recommending that NRCS at the State to parcels adjacent to existing easements Broadly identifying State ranking level have the option to specify ‘other or protected areas. criteria in the regulation provides the related conservation benefits’ under this Response: Comment related to forest needed flexibility for States to develop multifunctional benefits criterion. lands refers to the national ranking the specific ranking criteria that best Comment also recommended adding criteria for the percent of cropland, address State and local priorities. ‘species of economic significance’ to the rangeland, grassland, historic grassland, Regarding long-term maintenance of consideration for at-risk species pastureland, or nonindustrial private agricultural viability, the national protection under this ranking criterion. forest land permitted in a protected ranking criteria ensures, consistent with Another comment recommended the parcel. Each State is able to tailor the the statute, that this criterion is criteria be ‘other related benefits,’ specific ranking factor to prioritize considered in every ACEP–ALE striking ‘conservation’ from the enrollment of land that contains the application by assessing whether a consideration, and other comments amounts and types of land and succession plan exists. recommended that NRCS add ranking agricultural uses that are most at risk in The existence of State ranking criteria criteria about related conservation their State. For example, a western State enables States to develop nuanced values. may establish the ranking factor to approaches to address long-term Response: NRCS agrees that prioritize parcels with a larger agricultural viability, which may evaluating the multifunctional benefits percentage of historic grassland since include more specific identification or that may result from parcel protection is those lands may be at the greatest risk prioritization of certain types of an important prioritization criterion. of conversion. In contrast, a midwestern succession plans or succession planning NRCS has enumerated in the regulation State may prioritize the percentage of strategies. NRCS does not wish to limit some potential benefits that may be cropland in a parcel since those lands agricultural landowners’ choices or considered and has included ‘other may be at the greatest risk of conversion. restrict who could be involved in related conservation benefits’ to provide Comment regarding median county succession planning. Such specificity is States with the flexibility to identify average farm size refers to the national not necessary in the regulation itself. such conservation benefits and establish ranking criteria that considers the ratio NRCS includes in the regulatory the associated ranking factors and of the size of the parcel compared to the definition of a farm or ranch succession priorities. NRCS believes the State average farm size in the county. As plan strategies that create opportunities ranking criterion is sufficiently identified in the regulation, the USDA for historically underserved expansive for NRCS to tailor ranking Census of Agriculture is the data source landowners. NRCS also includes a State factors at the State and local level. No for this national ranking criterion; the
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8123
term ‘average size of farm’ is contained final rule for the three terms with Comment: NRCS received comment in the Census. Based on ALE respect to the term ‘‘viability;’’ the that suggested replacing the concept of application and enrollment data, use of definition of ‘‘agricultural viability,’’ as watersheds with ‘‘watershares.’’ this nationally available data item referenced in the Managers’ Report Response: NRCS has long been continues to be appropriate. NRCS language, be clarified; and various items involved in watershed and watershed affirms that proximity to other protected be added to, or deleted from, the planning, and the term ‘‘watershares’’ is lands continues to be one of the national definition of ‘‘future viability.’’ not a universal term. No change is made ranking criteria set forth in the Response: Since the creation of ACEP to the regulation in response to this regulation. in the 2014 Farm Bill, the statute uses issue. No change is made to the regulation the phrase ‘‘agricultural use and future Comment: NRCS received comment in response to these issues. viability’’ in the program purposes requesting that the definition of Comment: NRCS received comment statement. In response to comments on ‘‘riparian areas’’ be modified to recommending that NRCS allow ACEP– the February 2015 ACEP interim rule, eliminate the ‘‘movement for wildlife’’ ALE eligible entities to participate in NRCS included a definition of ‘‘future as an element. State technical committee viability’’ to identify that ACEP–ALE Response: The definition of riparian recommendations for ACEP–ALE purposes include the legal, physical, areas has long included reference to the ranking determinations. and financial conditions under which movement of wildlife as it is one of the Response: Eligible entities may the land itself will remain capable and critical functions of riparian areas. No participate in the State technical available for continued sustained change is made to the regulation in committee; however, they may not productive agricultural or grassland response to this issue. participate in developing ranking factors uses. The 2018 Farm Bill maintained the Comment: NRCS received comment for programs in which they participate. reference to ‘‘agricultural uses and requesting removal of reference to If potential participants had input into future viability’’ in the context of the species that are ‘‘likely to undergo’’ ranking factors, NRCS selection program purposes and introduced the population decline from the definition decisions would be suspect. NRCS will term ‘‘agricultural viability’’ in the of ‘‘at-risk species.’’ The commenter provide training to State offices context of potential application objected to an unnamed agency describing the roles of eligible entities. prioritization. NRCS believes that the imposing restrictions through an No change is made to the regulation in existing definition of ‘‘future viability,’’ unknown process. Response: The interim rule identified response to this issue. which is sufficiently expansive without the determination of ‘‘likely to undergo Comment: NRCS received comment being overly prescriptive, includes such population decline’’ is made by the supporting various aspects of the ACEP– concepts as accessibility to beginning NRCS State Conservationist, with advice ALE ranking provisions, including: farmers or ranchers and continued from the State technical committee or Commending NRCS for not using cost as affordability. To address the request for Tribal Conservation Advisory Council. a ranking criterion; commending clarity, NRCS has included a reference The definition is shared across NRCS NRCS’s consideration of proximity to to the adoption of a farm or ranch conservation programs, all of which are other protected land as a ranking succession plan as another example of voluntary. No change is made to the criteria; and commending the a condition that supports the future regulation in response to this issue. straightforward implementation of viability of the protected land. ranking that allows States to prioritize Comment: NRCS received comment Comment: NRCS received comment parcels through ranking criteria. requesting a change to the definition of related to the definition of historically Response: NRCS appreciates the ‘‘agricultural commodity’’ so that the underserved landowner, recommending comments. intent to harvest annually rather than Comment: NRCS received comment that socially disadvantaged farmers be tillage is used as the determining recommending landowners who have specifically identified, be included in mechanism. protected their land through ACEP–ALE the definition of historically Response: The definition of receive priority for funding under underserved landowners, and be added agricultural commodity is contained in NRCS’ financial assistance programs, to the definition of ‘‘socially statute. No change is made to the such as the Environmental Quality disadvantaged farmer or rancher.’’ This regulation in response to this issue. comment refers to the provision in the Incentives Program (EQIP). Easement Administration Actions Response: NRCS receives input on interim rule associated with farm or program priorities, including priorities ranch succession planning that NRCS received comment related to for enrollment in its financial assistance identifies new or beginning farmers or easement administration actions as programs, from the State technical ranchers, veteran farmers or ranchers, or follows: committees. There is no need to identify ‘‘other historically underserved Comment: NRCS received comment priorities for other programs’ enrollment landowners.’’ related to the identification of the in the ACEP regulation. No change is Response: The definition of sequencing procedures under the made to the regulation in response to historically underserved landowner National Environmental Policy Act this issue. includes beginning, limited resource, (NEPA) with respect to easement socially disadvantaged, and veteran administration actions, recommending Definitions farmer or ranchers. As a result, the that easement administration actions NRCS received comment related to definition of farm or ranch succession related to sequencing considerations be the definitions in the ACEP interim rule plan has been modified in this final rule classified as categorical exclusions for as follows: to refer simply to ‘‘historically NEPA analysis. Other comment Comment: NRCS received comment underserved landowner’’ since this term suggested that the provision be related to the terms ‘‘future,’’ is all-encompassing. The definition of amended to eliminate NEPA sequencing ‘‘agricultural,’’ and ‘‘long-term’’ with socially disadvantaged farmer or review if the easement administrative respect to the term ‘‘viability.’’ rancher has been in the definitions actions either enhance purposes of the Comment recommended that greater section since the ACEP regulation was ACEP–ALE program or do not consistency be applied throughout the first promulgated in 2015. materially threaten the ALE’s protection
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8124 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
of agricultural viability or other section 170(h) in their part of the address or affect compensation that may conservation values, and requested conservation easement deed terms. be owed to other interest holders. removal of reference to NEPA entirely. NRCS must implement easement No change is made to the regulation Comment also requested clarification administration actions in accordance in response to these issues. about how NEPA sequencing with Federal law and responsibilities; Comment: NRCS received comment considerations may affect NRCS private land trusts are not subject to that requested NRCS modify language approval of easement administration these requirements when conducting regarding easement termination to actions. actions without Federal involvement. It clarify that it also applies to the partial Response: The decision to modify or would not be appropriate for NRCS to termination of an easement. terminate a Federal interest has long adopt ‘‘industry standards’’ that do not Response: NRCS has clarified that been subject to NEPA review, and NRCS account for these Federal standards. No partial termination of an easement is must comply with NEPA statutory, change is made to the regulation in subject to the easement termination regulatory, and policy requirements response to this issue. requirements to the same extent as the during its review of a requested Comment: NRCS received comment full termination of an easement. All easement administration action. These related to the various easement easement termination actions are subject requirements include reviewing administration action requirements, to review at both the NRCS State office whether adverse impacts associated including: and National Headquarters levels. with an easement administration action • Recommending that NRCS remove Comment: NRCS received comment can be avoided, minimized, or the 10-percent limitation on easement that supported allowing the use of mitigated. Since the impacts and administration actions so that an updated deed provisions when making outcomes of an easement administration easement modification or exchange easement amendments, cautioned that action cannot be categorized generally, action would just need to meet one of flexibility be granted to do simple a specific review is necessary. As NRCS the two thresholds: (1) The action amendments, and advised NRCS not to evaluates the NEPA analyses developed provide equal or greater conservation require updates to new language that for the individual easement functions and values and (2) equal or may be contained in updated deed administrative actions, it is gathering greater economic values; provisions of those provisions are evidence that may be used to propose • Recommending removal of the unnecessary or unacceptable to the categorical exclusions for certain standard of no net loss of easement landowner. easement administrative actions in the acres required for easement Response: NRCS appreciates the future. NRCS may identify new subordination, modification, or support received for deed amendment categorical exclusions, through issuing exchange actions; and process requirements. Deed new NEPA procedures (including by • Recommending a change to the amendments to ACEP–ALE easement amending NRC’s current regulations definition of easement termination to deeds must be approved by NRCS, as implementing NEPA at 7 CFR part 650), acknowledge compensation that may be discussed above. No change is made to consistent with the Council on owed to other interest holders in a the regulation in response to this issue. Environmental Quality’s regulations for conservation easement. implementing the procedural provisions Environmental Markets of NEPA, published at 40 CFR parts Response: NRCS uses the 10-percent Comment: NRCS received comment 1500 through 1508. No change is made limitation requirement to minimize the expressing support for updates to the to the regulation in response to this effects of administration actions. NRCS section on environmental markets. issue. selected the 10-percent level based upon Response: NRCS appreciates the Comment: NRCS received comment review of the scope of prior requests for comments. related to adding references or easement administration actions and for additional requirements to the easement consistency with other NRCS Fund Allocations administration action criteria, including conservation programs. NRCS received comment related to a reference to the easement It is a statutory requirement that an ACEP fund allocations as follows: administration criteria indicating that easement modification or exchange Comment: NRCS received comment any easement modification or action must meet both thresholds (equal supporting the historic division of fund termination conform to State law or greater conservation value and equal allocations across ACEP, that is based requirements, and including a reference or greater economic value). on demand for funding. Approximately that easement administration actions As to the threshold for an easement 70 percent of ACEP funding is dedicated must conform to section 170(h) of IRC subordination, modification, or to wetland conservation through ACEP– and associated U.S. Department of the exchange to result in no net loss of WRE and 30 percent is for agricultural Treasury (Treasury) regulations. easement acres, NRCS believes, based land preservation through ACEP–ALE. Comment also requested that easement on long-standing experience, that the Another comment urged greater administration actions align more existing standard ensures that the public flexibility with respect to fund closely with Land Trust Alliance (LTA) investment in conservation easements allocations. industry standards. endures for the life of the easement and Response: NRCS has not specified in Response: Easement administration that NRCS is able to make credible the regulation an allocation of program actions are documented in land records determinations of equal or greater funds between the two components of in accordance with State law. NRCS’s conservation and economic value as the program. NRCS maintains program authority to approve easement required by statute. The definition of flexibility year-to-year to respond to administration actions is not subject to easement termination addresses only program demand. No change is made to requirements in section 170(h) of the the United States’ rights or interests in the regulation in response to this issue. Treasury or associated regulations an easement, including that the United Comment: NRCS received comment related to charitable donations. States must be fully compensated for the recommending continued use of ACEP– However, entities are not prevented termination of such rights and interests WRE authorities to enter into from incorporating language that that are held by the United States. The agreements and contracts with non- addresses their own compliance with easement termination language does not governmental organizations, State
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8125
agencies, and other partners to continue Response: NRCS may only grant the Tribal Conservation Advisory to leverage resources and expertise. waivers on a case-by-case basis where Committees. No change is made to the Response: NRCS relies on its partners the waiver criteria are met. Broadening regulation in response to this issue. to assist NRCS in its delivery of ACEP– the waiver authority to eliminating AGI Comment: NRCS received comment WRE and will continue to utilize its applicability to all ALE enrollment expressing specific support for various authorities to coordinate with these types is outside statutory authority. No aspects of program administration, valuable partners. No change is made to change is made to the regulation in including supporting NRCS discretion the regulation in response to this issue. response to this issue. to waive certain program administration Comment: NRCS received comment Comment: NRCS received comment provisions and commending NRCS for supporting the continued allocation of a seeking increased streamlining and continuing to obtain input from State portion of ACEP funds for monitoring guidance regarding AGI waivers. technical committees, other Federal and and management of existing easements Response: NRCS will continue its State agencies, conservation districts, and recommending that State ongoing efforts to streamline processes and other organizations. Conservationists have discretion to through the use of new tools. NRCS will Response: NRCS appreciates the determine the appropriate portion of the continue to develop and release specific support it has received for ACEP individual State allocation to be used guidance as needed. No change is made administration. Comment: NRCS received comment for monitoring and management of to the regulation in response to this urging continued or increased existing easements. issue. consultation with partners and Response: NRCS National Comment: NRCS received comments expressing support for the use of AGI stakeholders, including State technical Headquarters provides on-going committees, non-governmental coordination, guidance, and support to waiver authority in ACEP. Response: NRCS appreciates support organizations, and the U.S. Fish and State Conservationists to ensure that for its AGI waiver process. Wildlife Service. sufficient funds are dedicated and used Response: NRCS will continue to seek to appropriately monitor, manage, and Program Administration stakeholder input on how to improve enforce stewardship lands. No change is NRCS received comment on the topic program administration, especially made to the regulation in response to of program administration as follows: input that NRCS receive on State and this issue. Comment: NRCS received one local resource issues. No change is made Landowner Eligibility—Adjusted Gross detailed comment emphasizing the to the regulation in response to this Income (AGI) Limitation Waiver importance of protecting endangered issue. and at-risk species through ACEP. This Comment: NRCS received comment NRCS received comment related to comment specifically referred to asking that technical assistance the AGI limitation waiver as it affects salmonid species. provided by NRCS regarding landowner eligibility to enroll in ACEP Response: NRCS appreciates the compliance with easement terms be as follows: importance of protecting threatened and clarified and recommending creation of Comment: NRCS received comment endangered species and its ACEP-specific forms. Comment also related to the definition and criteria for responsibility to comply with the recommended guidance on conflicts of environmentally sensitive lands of Endangered Species Act (ESA), interest and information on the special significance, including including ESA section 7(a)(1). As part of implementation of Voluntary Public encouraging NRCS in its AGI waiver its conservation planning framework Access and Habitat Incentives Program determinations to give the most and site-specific NEPA process, NRCS (VPA–HIP). consideration to lands with the highest also considers impacts to at-risk species Response: NRCS will continue its conservation value, particularly lands of as required by its NEPA implementing ongoing efforts to streamline processes, special significance that can regulations (7 CFR part 650). No change including modifying its required forms, demonstrate significant linkages with is made to the regulation in response to through the use of new tools. the conservation objectives of migratory this issue. Additionally, NRCS will continue to bird, wetlands conservation, and water Comment: NRCS received comment develop and release guidance on quality programs, plans, or initiatives. related to outreach activities, including specific topics as needed. NRCS Comment also requested that recommending that: NRCS retain its regulation and policy regarding VPA– environmentally sensitive land of outreach focus on historically HIP is provided separately and can be special significance be explicitly underserved farmers and ranchers; found in 7 CFR part 1455, and defined. funds expended for historically associated agency policy is available on Response: NRCS will consider the underserved purposes be identified and the NRCS website. No change is made factors noted in the comment in made public; and NRCS ensure that the to the regulation in response to this granting AGI waivers. Terms associated process is streamlined to ensure access issue. with the AGI waiver are set forth in the to disadvantaged and underserved Comment: NRCS received comment regulations governing payment populations. Comment also reminded recommending that NRCS include text limitation and payment eligibility NRCS regarding sovereign-to-sovereign regarding ACEP ranking that prioritizes requirements, including AGI provisions, consultation for Farm Bill easement lands enrolled in the Transition at 7 CFR part 1400. No change is made programs having Tribal implications. Incentives Program under the to the regulation in response to this Response: NRCS will continue to Conservation Reserve Program (CRP– issue. evaluate options to enhance TIP). Section 1235(f)(1)(E) of the CRP Comment: NRCS received comment opportunities for historically statute requires that priority enrollment suggesting that NRCS expand eligibility underserved producers and focus be given to land subject to a CRP–TIP for AGI waivers, including allowing the resources on ensuring parity in program contract into EQIP, Conservation waiver for all ACEP–ALE enrollment, enrollment. NRCS conducted several Stewardship Program (CSP), and ACEP. automatically waiving AGI for BPS Tribal meetings in FY 2019 and FY 2020 Response: Section 1468.22(b)(11) of transactions, and interpreting AGI and State Conservationists obtained the ACEP interim rule identifies as a waiver factors broadly. input on program implementation from national priority for ALE enrollment
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8126 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
grasslands currently enrolled in CRP in water quality standards and salmon ranking factors. NRCS uses geographic a contract that is set to expire within 1 recovery plan habitat objectives; and information system tools to help year. Section 1468.32(c) of the ACEP • Review easement deed terms at identify source water protection areas interim rule identifies as a potential least every 100 years to ensure and easement enrollment. No change is State priority for WRE enrollment consistency with existing conditions. made to the regulation in response to whether land is farmed wetland and Response: The operation and this issue. maintenance that may occur on ACEP adjacent land that is currently enrolled WRE Issues in CRP in a contract that is set to expire easements and who may perform such within 1 year. However, neither ALE activities is addressed in the terms of NRCS received comment related to nor WRE identify a specific priority the easement deeds. ACEP–WRE topics as follows: ranking for CRP–TIP land. Therefore, NRCS staffing is not a part of this Comment: NRCS received comment NRCS is adding a specific priority in the rulemaking, but the agency will supporting revisions to the definition of ACEP regulation for CRP–TIP. continue providing the highest quality wetland restoration in the interim rule Comment: NRCS received comment customer service and program regarding ACEP–WRE. Comment related to the practices and activities implementation with its resources. highlighted that the expanded flexibility administered through ACEP, including: Permanent easements are authorized would benefit wetland functions and • Encouraging NRCS to adopt the and prioritized by statute. habitat values. Comment also ‘‘Active River Area Concept’’ to its As NRCS collects data, the agency encouraged NRCS to engage robustly management scheme; generates multiple reports on a variety with State technical committees when • Proposing that all easements go of impacts, which are typically made devising the State-specific NRCS criteria through a plant and plant community available to the public upon request. and guidelines for wetland restoration. survey by a botanist prior to enrollment; NRCS will consider the Response: NRCS appreciates support • Seeking confirmation that NRCS recommendation regarding consistency for the revised definition of wetland would not enter into agreements with with water quality standards and restoration. entities who would preclude forested recovery plan habitat objectives as it Comment: NRCS received comment riparian buffers; continues to evaluate and refine ranking related to compatible use authorizations • Recommending that NRCS and eligibility criteria. under ACEP–WRE, expressing support recognize specifically intensive Review of easement deed terms at for the inclusion of water management rotational grazing as one of the best least every 100 years is beyond the and supporting the use of such management tools; and scope of current regulation and policy. management activities to maintain, • Recommending that diverse native No change is made to the regulation enhance, and diversify wetland habitats plant mixes be prioritized in ACEP in response to these issues. on ACEP–WRE easements. Comment wetland and grassland restoration and Comment: NRCS received comment also recommended removing ‘‘hunting management plans. related to source water protection issues and fishing’’ from the list of activities Response: NRCS addresses how best including: that can be authorized as a compatible to administer its practices and activities • Recommending that NRCS use in § 1468.37(a)(2)(ii) because through technical and program policy acknowledge source water protection as undeveloped recreational uses, implemented at the State level through a goal of ACEP; including hunting and fishing, are listed the discretion given NRCS State • Adding discussion about how as one of the five rights reserved by the Conservationists. In general, NRCS source water protection priorities will landowner in the ACEP–WRE warranty supports the development and be included in the implementation of easement deed. Comment also identified implementation of plans and restoration ACEP and other NRCS conservation that NRCS should seek input from the activities that consider the value of programs; State technical committee on technical management and restoration activities • Addressing how ACEP will be matters related to compatible use that provide for a diverse assemblage of included in accounting for overall designations and guidelines. native plants, including pollinator- source water expenditures by Response: NRCS appreciates support friendly species. However, NRCS publishing a plan for comment; for the inclusion of water management believes that specific resource • Adding source water protection in and recognizes the potential utility of management issues are best addressed at the ACEP ranking criteria; this activity to wetland functions and • the State level. No change is made to the Ensuring adequate attention given values when properly prescribed and regulation in response to this issue. to source water protection at State implemented on ACEP–WRE easements Comment: NRCS received comment technical committees; and through the compatible use • related to program administration that Recommending that NRCS address authorization process. Hunting and did not fit neatly into any single how spatial data related to source water fishing are specifically identified in the subtopic: areas will intersect with ACEP. ACEP statute as a ‘compatible use’ that • Require landowners to assume Response: Source water protection is is subject to NRCS determination of responsibility for operation and a statutory priority and NRCS compatibility. NRCS has implemented maintenance of easements; Headquarters provides guidance to this provision by identifying in all • Provide sufficient staffing to meet ensure that all its programs are ACEP–WRE easement deeds that customer service needs; contributing to the protection of source undeveloped hunting and fishing, • Concern over the authorization of water protection areas. The ACEP subject to the terms of the easements, is permanent easements; regulation includes water quality as a a reserved right. However, any hunting • Make publicly available consideration in the list of ranking and fishing activities that extend information related to easement criteria for both ALE and WRE and the beyond that reserved right are enrollments such as acres enrolled, soil State Conservationist, in consultation prohibited unless determined classification of land, and before and with the State technical committee, may compatible by NRCS through the after land use; develop and include specific compatible use authorization process. In • Condition ACEP so that all funded considerations for source water the ACEP interim rule, NRCS included efforts achieve consistency with State protection as part of their State’s compatible use criteria and related
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8127
matters in the expanded list of examples 10 percent to 15 percent; and requesting Response: Both ACEP regulation and provided in § 1468.2(b) regarding flexibility with respect to the 2-year policy require the NRCS to seek subjects on which the State technical ownership requirement for land that the continued engagement from these committee may provide advice to the farmer has managed for numerous years partners. No change is made to the State Conservationist. prior to purchase. regulation in response to this issue. Comment: NRCS received comment Response: NRCS prohibits cropping Comment: NRCS received comment regarding wetland restoration and on ACEP–WRE enrolled lands because related to the Wetland Restoration management activities, encouraging that the purpose of the program is to restore Enhancement Partnership (WREP), the technical requirements for grazing the wetland functions and values and recommending that NRCS restore the 5 management plans and exhibits for crop production is inconsistent with percent match requirement for the ACEP–WRE grazing reserved rights such purposes. NRCS appreciates the WREP partner contributions and enrollments be developed in comments related to the county maintain historic levels of partner consultation with State technical cropland limitation. The 2-year contributions at 25 percent. Another committees and that the individual ownership provision in the ACEP comment recommended that NRCS grazing management plans be dynamic regulation is a specific statutory provide an annual allocation for WREP to accommodate wildlife and habitat requirement, but flexibility exists of between $35–50 million per year. conservation along with producer through the waiver process. When Response: NRCS appreciates the needs. Comment also recommended that deciding whether to waive the 2-year support for WREP. NRCS has not NRCS prioritize activities supporting ownership requirement, NRCS established any regulatory level of migratory waterfowl and other wetland- considers whether the land has been match that is required for WREP and dependent wildlife through science- managed by the landowner as part of bases such determination upon the based management and recommended their operation prior to acquiring focus of each year’s WREP effort. No levee setbacks and forested riparian ownership of the land. No change is change is made to the regulation in buffers be allowed on all easements in made to the regulation in response to response to this issue. Washington State. these issues. Response: NRCS appreciates comment Notice and Comment, Paperwork Comment: NRCS received comment related to grazing management plans Reduction Act, and Effective Date relating to factors used to prioritize and ACEP–WRE reservation of grazing enrollments in ACEP–WRE, including In general, the Administrative rights enrollments. The ACEP interim support for prioritizing permanent Procedure Act (APA) (5 U.S.C. 553) rule provided clarifying changes easements over non-permanent requires that a notice of proposed consistent with these recommendations, easements and including water quality rulemaking be published in the Federal including addition of a grazing as a conservation benefit. Register and interested persons be given management plan definition that is an opportunity to participate in the Response: NRCS appreciates support specific to ACEP–WRE and provisions rulemaking through submission of for the ACEP–WRE prioritization related to the review and modification written data, views, or arguments with factors. of such plans for reserved grazing rights or without opportunity for oral Comment: NRCS received comment enrollments. NRCS conducts and presentation, except when the rule recommending NRCS consider funds supports monitoring and research on its involves a matter relating to public from other Federal sources as wetland easements to obtain data and property, loans, grants, benefits, or contributions for ranking purposes. information that informs technical contracts. This rule involves matters Response: Section 1265C(b)(3) of the decisions related to prioritization and relating to benefits and therefore is ACEP statute authorizes as a ranking selection of new easements and exempt from the APA requirements. factor whether the landowner or other restoration and management of existing Further, the regulations to implement person offers to contribute to the cost of easements. NRCS will continue to the programs of chapter 58 of title 16 of the easement and thereby leverage collaborate with partners and the U.S. Code, as specified in 16 U.S.C. Federal funds. The statutory priority is institutions to obtain the information 3846, and the administration of those that Federal funds, not just ACEP–WRE needed to make science-based decisions programs, are: to maximize wildlife benefits and funds, be leveraged by other sources, • To be made as an interim rule wetland functions and values on every and NRCS has incorporated this factor effective on publication, with an ACEP–WRE easement. The concern into the regulation. NRCS State opportunity for notice and comment; related to restoration activities in the Conservationists, with input from State • Exempt from the Paperwork State of Washington do not rise to a technical committees, may consider Reduction Act (44 U.S.C. ch. 35); and nationwide level and are not addressed other priorities that further program • To use the authority under 5 U.S.C. in the regulation. The ACEP regulation goals, including other sources of 808 related to congressional review. and other NRCS planning procedures contribution. However, other Federal Consistent with the use of the provide the States the needed sources of contribution may have authority under 5 U.S.C. 808 related to flexibilities to make technical decisions restrictions on the use of their funds and Congressional review for the immediate related to enrollment, restoration, and NRCS must ensure that there is no effect date of the interim rule, this rule management of ACEP–WRE lands. augmentation in contravention of is also effective on the date of NRCS recommends that stakeholders appropriations law. No change is made publication in the Federal Register. with concerns should work with their to the regulation in response to this applicable State Conservationist. issue. Executive Orders 12866 and 13563 Comment: NRCS received comment Comment: NRCS received comment Executive Order 12866, ‘‘Regulatory related to WRE land eligibility: supporting and encouraging NRCS to Planning and Review,’’ and Executive Recommending that NRCS allow continue to seek advice and input on Order 13563, ‘‘Improving Regulation cropping on the WRE easement area; implementation of ACEP–WRE from the and Regulatory Review,’’ direct agencies supporting the increase in the U.S. Fish and Wildlife Service, State to assess all costs and benefits of percentage of easements that can be fish and wildlife agencies, and State available regulatory alternatives and, if enrolled on cropland in a county from technical committees. regulation is necessary, to select
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8128 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
regulatory approaches that maximize Missouri, North Dakota, and Puerto Restoring and protecting high value net benefits (including potential Rico) that currently have no enrollment wetlands; controlling sheet and rill economic, environmental, public health in ACEP–ALE. This may have been due erosion as lands are restored from and safety effects, distributive impacts, to a lack of available financial resources cropland to wetlands and associated and equity). Executive Order 13563 for an eligible entity to meet the habitats; restoring, enhancing, and emphasizes the importance of minimum cash contribution protecting habitat for fish and wildlife, quantifying both costs and benefits, of requirement or may be due to a lack of including threatened and endangered reducing costs, of harmonizing rules, entities that meet the eligibility species and migratory birds; improving and of promoting flexibility. requirements to participate in ACEP– water quality by filtering sediment and The Office of Management and Budget ALE. The changes to the non-Federal chemicals; reducing flooding and flood- (OMB) designated this rule as share requirements may result in related damage; recharging significant under Executive Order 12866 increased ACEP–ALE enrollments in groundwater; protecting biological and therefore, OMB has reviewed this areas where enrollment has been limited diversity; controlling invasive species rule. The costs and benefits of this rule due to a lack of financial resources with planting of native vegetation; and are summarized below. The full available for entities that meet the providing opportunities for educational, regulatory impact analysis is available ACEP–ALE eligibility requirements. To scientific, and recreational activities. on https://www.regulations.gov/. address these statutory changes, in this Soil health and air quality are improved Clarity of the Regulation final, we eliminated a specified by reduced wind erosion, reduced soil minimum cash contribution amount and disturbance, increased organic matter Executive Order 12866, as incorporated provisions for considering accumulation, and an increase in carbon supplemented by Executive Order costs related to securing the easement. sequestration. 13563, requires each agency to write all These changes are applicable to all For land enrolled in ACEP–ALE, the rules in plain language. In addition to eligible entities in all States and as a suite of conservation effects on the substantive comments NRCS result, it is anticipated that the amount protected grasslands are different than received on the interim rule, NRCS of the Federal contribution toward those on protected farmland; the invited public comments on how to ACEP–ALE easements will increase by 8 impacts are not valued here as one being make the rule easier to understand. to 10 percentage points. more beneficial than another. For NRCS has incorporated these Another change under the 2018 Farm example, ACEP–ALE easements on recommendations for improvement Bill provides NRCS with authority to grasslands limit agricultural activities to where appropriate. NRCS responses to enter into legal arrangements with predominantly haying and grazing, public comment are described in more eligible entities to conduct BPS whereas easements on farmland allow detail above. transactions under ACEP–ALE. Under a crop cultivation and pasture-based Cost-Benefit Analysis BPS transaction, NRCS may provide agriculture. As such, farmland ACEP–ALE cost-share assistance to an protection effects are derived from One of the most significant ACEP eligible entity for the purchase of an onsite and ecological services, as well as changes in the 2018 Farm Bill is to the agricultural land easement on private or preserving highly productive existing contribution requirements for Tribal agricultural land owned on a agricultural areas from development or the non-Federal share under ACEP– transitional basis by an eligible entity fragmentation. Impacts on grasslands ALE. Previously, there were only two when the ownership of that land will be are derived from onsite and ecological sources of non-Federal contribution— timely transferred to a qualified farmer impacts as well as preventing the entity’s cash resources towards the or rancher. BPS transactions are conversion to nongrassland uses. The purchase and the donation by the intended to help farmers and ranchers net conservation effects through time entity—with cash resources towards the acquire agricultural land they could not from farmland protection include direct purchase required for half of the non- otherwise afford and to protect access benefits (pick-your-own, agri- Federal contribution. The 2018 Farm agricultural land that may have tourism, and nature based activities like Bill eliminated the requirement for cash otherwise been developed or removed hunting), indirect access benefits (open resources towards the purchase and from agricultural production. spaces and scenic views), and nonuse allows the entity to consider other costs, NRCS continues to have the benefits (wildlife habitat and existence previously not included, toward the discretion to rank and prioritize projects values). Grassland protection non-Federal match. This change adds and to select individual applications conservation effects include direct, flexibility for eligible entities to meet based on their ability to achieve indirect, and nonuse benefits, and also the non-Federal share requirement by program purposes and to assess and on-farm production gains and carbon no longer specifying a minimum cash determine the appropriate allocation of sequestration. contribution amount to be provided by funds for the acquisition of agricultural The authorized level of funding for the eligible entity and allowing the total land and wetland easements. The 2018 ACEP for the period of FY 2019 through of the non-Federal share to be Farm Bill does not limit NRCS’s 2023 is $2.25 billion (assuming future comprised of a charitable donation or discretion to determine the allocation of funding is set at authorized amounts). qualified conservation contribution funds between ACEP–WRE and ACEP– This represents an increase in ACEP from the private landowner. It also ALE. The relative emphasis NRCS average annual funding over the 2014 includes provisions for costs related to places on these two program Farm Bill of 11 percent—from $405 securing the easement to be included in components depends on State and million per year to $450 million per the calculation of the non-Federal share. national priorities, environmental year in nominal dollars. While removing a potential hurdle to impacts, and local demand. It is The regulatory impacts of ACEP entity participation, the additional anticipated that enrollment in ACEP funding consist of payments for the flexibility is not intended to supersede will be consistent with historic purchase of easements or real property the conservation benefits possible under enrollment trends. interests; the costs incurred related to ACEP. Land enrolled in ACEP–WRE the acquisition, such as title companies, There are six states and one territory easements produces onsite and offsite appraisers, licensed land surveyors; and (Alabama, Arkansas, Hawaii, Louisiana, environmental benefits. Those include: the costs of restoring wetlands.
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8129
Although these transfers create the NRCS regulations for compliance on the distribution of power and incentives that likely cause changes in with NEPA (7 CFR part 650). NRCS responsibilities among the various the way society uses its resources, NRCS conducted an analysis of the ACEP levels of government, except as required lacks data with which to identify where interim rule and NRCS’s analysis by law. Nor does this rule impose these resources would otherwise be determined there would not be a substantial direct compliance costs on used. significant impact to the human State and local governments. Therefore, NRCS also recognizes that applicants environment and as a result, an consultation with the States is not and participants incur costs in terms of environmental impact statement (EIS) is required. time used to gain access to ACEP. We not required to be prepared (40 CFR Executive Order 13175 estimate the imputed value of applicant 1501.5 and 1501.6). The Environmental and participant time spent in accessing Assessment (EA) and Finding of No This rule has been reviewed in the program from FY 2019 through 2023 Significant Impact (FONSI) were accordance with the requirements of at $1.1 million for the 5 years. available for review for 30 days from the Executive Order 13175, ‘‘Consultation Our estimates of costs, benefits and date of publication of the interim rule in and Coordination with Indian Tribal transfers of ACEP on an annual basis are the Federal Register. NRCS considered Governments.’’ Executive Order 13175 reported in Table 1. Given a 3 percent comments received during the 30-day requires federal agencies to consult and discount rate, the projected annualized period and determined minor changes coordinate with Tribes on a real cost to producers of accessing the to the ACEP EA and FONSI were Government-to-Government basis on program is $229,000 and the projected sufficient, and that no information policies that have Tribal implications, annualized real transfers are $433 warranting preparation of an EIS was including regulations, legislative million. Conservation benefits from the received. The final ACEP EA and FONSI comments or proposed legislation, and easement are difficult to quantify at a have been posted to the NRCS other policy statements or actions that national scale but have been described homepage at https:// have substantial direct effects on one or by studies at an individual project or www.nrcs.usda.gov/wps/portal/nrcs/ more Indian Tribes, on the relationship watershed or local scale. detail/national/programs/farmbill/ between the Federal Government and ?cid=stelprdb1263599. Indian Tribes or on the distribution of TABLE 1—ANNUALIZED REAL ESTI- power and responsibilities between the Executive Order 12372 MATED COSTS, BENEFITS, AND Federal Government and Indian Tribes. The USDA’s Office of Tribal Relations TRANSFERS a Executive Order 12372, ‘‘Intergovernmental Review of Federal (OTR) has assessed the impact of this Category Annual estimate Programs,’’ requires consultation with rule on Indian Tribes and determined State and local officials that would be that this rule does not have significant Cost b ...... $229,000 directly affected by proposed Federal Tribal implications that require Tribal Benefits ...... Qualitative financial assistance. The objectives of consultations at this time for ACEP, Transfers ...... $433,000,000 the Executive order are to foster an which is a beneficial voluntary program. a All estimates are discounted at 3 percent intergovernmental partnership and a Notwithstanding this conclusion, OTR to 2019. Note that this table focuses on the strengthened federalism, by relying on believes that continued focused costs, benefits, and transfers of the entire pro- State and local processes for State and outreach to Tribes could increase gram, not the marginal change in a compari- engagement in ACEP and provide son of the 2014 and 2018 Farm Bills. local government coordination and b Imputed cost of applicant time to gain ac- review of proposed Federal financial assistance with water quality issues for cess to the program. assistance and direct Federal Tribes. OTR states that NRCS has adhered to the spirit and intent of Regulatory Flexibility Act development. For reasons specified in the final rule-related notice regarding 7 Executive Order 13175. If a Tribe The Regulatory Flexibility Act (5 CFR part 3015, subpart V (48 FR 29115, requests consultation, NRCS and CCC U.S.C. 601–612), as amended by the June 24, 1983), the programs and will work with OTR to ensure Small Business Regulatory Enforcement activities in this rule are excluded from meaningful consultation is provided Fairness Act of 1996 (SBREFA), the scope of Executive Order 12372. where changes, additions, and generally requires an agency to prepare modifications identified in this rule are a regulatory analysis of any rule Executive Order 12988 not expressly mandated by the 2018 whenever an agency is required by APA This rule has been reviewed under Farm Bill. Tribal consultation for this or any other law to publish a proposed Executive Order 12988, ‘‘Civil Justice rule was included in the 2018 Farm Bill rule, unless the agency certifies that the Reform.’’ This rule will not preempt Tribal consultation held on May 1, rule will not have a significant State or local laws, regulations, or 2019, at the National Museum of the economic impact on a substantial policies unless they represent an American Indian, in Washington, DC. number of small entities. This rule is irreconcilable conflict with this rule. The portion of the Tribal consultation not subject to the Regulatory Flexibility Before any judicial actions may be relative to this rule was conducted by Act because this rule is exempt from brought regarding the provisions of this Bill Northey, USDA Under Secretary for notice and comment rulemaking rule, the administrative appeal the Farm Production and Conservation requirements of the APA and no other provisions of 7 CFR part 11 are to be mission area, as part of the Title I law requires that a proposed rule be exhausted, consistent with 7 U.S.C. session. There were no specific published for this rulemaking initiative. 6912(e). comments from Tribes on ACEP during this Tribal consultation. Environmental Review Executive Order 13132 Additionally, NRCS held sessions The environmental impacts of this This rule has been reviewed under with Indian Tribes and Tribal entities rule have been considered in a manner Executive Order 13132, ‘‘Federalism.’’ across the country in the spring of FY consistent with the provisions of NEPA The policies contained in this rule do 2019 to describe the 2018 Farm Bill (42 U.S.C. 4321–4347), the regulations not have any substantial direct effect on changes to NRCS conservation of the Council on Environmental States, on the relationship between the programs, obtain input about how to Quality (40 CFR parts 1500–1508), and Federal Government and the States, or improve Tribal and Tribal member
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8130 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
access to NRCS conservation assistance, State, local, and Tribal Governments or ■ e. In the second sentence in the and make any appropriate adjustments the private sector. Therefore, this rule is definition of ‘‘Maintenance’’, add the to the regulations that will foster such not subject to the requirements of word ‘‘performed’’ immediately after the improved access. NRCS invited State UMRA. word ‘‘work’’. leaders for FSA and Rural Development Federal Assistance Programs (RD), as well as Regional Directors for § 1468.6 [Amended] the Risk Management Agency (RMA) to The title and number of the Federal ■ 3. Amend § 1468.6 in paragraph discuss their programs also. Domestic Assistance Programs in the (a)(3)(iii) by removing the cross As a result, approximately 50 percent Catalog of Federal Domestic Assistance reference ‘‘paragraph (a)(4)’’ and add in of the comments received as a result of to which this rule applies is: 10.931— its place add the cross reference these sessions were directed to FSA, Agricultural Conservation Easement ‘‘paragraph (a)(5)’’. RMA, RD, and other USDA agencies, Program. with many comments specific to hemp Subpart B—Agricultural Land production and the surrounding E-Government Act Compliance Easements regulations. Over 40 percent of the NRCS and CCC are committed to feedback pertained to NRCS programs. complying with the E-Government Act, § 1468.20 [Amended] Comments listed challenges specific to to promote the use of the internet and ■ 4. Amend § 1468.20 in paragraph Tribes that impact eligibility and inhibit other information technologies to (b)(1)(ii) by adding the word access to USDA programs. None of the provide increased opportunities for ‘‘demonstrated’’ immediately before the feedback received necessitated a change citizen access to Government word ‘‘capability’’. to the regulation. information and services, and for other ■ 5. Amend § 1468.22 as follows. NRCS will continue to work with our purposes. ■ a. Revise paragraph (b)(11); and Tribal stakeholders to address the issues ■ b. In paragraph (c)(2), add the word raised in order to facilitate greater List of Subjects in 7 CFR Part 1466 ‘‘annually’’ immediately after the words technical assistance and program Agricultural, Flood Plains, Grazing ‘‘monitored’’ and ‘‘reported’’. delivery to Indian country. lands, Natural resources, Soil Separate from Tribal consultation and conservation, and Wildlife. The revision reads as follows: the sessions discussed above, Accordingly, the interim rule § 1468.22 Establishing priorities, ranking communication and outreach efforts are published January 6, 2020, at 85 FR 558, considerations, and project selection. in place to assure that all producers, is adopted as final with the following * * * * * including Tribes (or their members), are changes: (b) * * * provided information about the (11) Whether the land is currently regulation changes. Specifically, NRCS PART 1468—AGRICULTURAL enrolled in CRP in a contract that is set obtains input through Tribal CONSERVATION EASEMENT to expire within 1 year and is grassland Conservation Advisory Councils. A PROGRAM that would benefit from protection Tribal Conservation Advisory Council under a long-term easement or is land may be an existing Tribal committee or ■ 1. The authority citation for part 1468 under a CRP contract that is in department and may also constitute an continues to read as follows: transition to a covered farmer or rancher association of member Tribes organized Authority: 15 U.S.C. 714b and 714c; 16 pursuant to 16 U.S.C. 3835(f); to provide direct consultation to NRCS U.S.C. 3865–3865d. at the State, regional, and national levels * * * * * to provide input on NRCS rules, Subpart A—General Provisions § 1468.23 [Amended] policies, programs, and impacts on § 1468.3 [Amended] Tribes. Tribal Conservation Advisory ■ 6. Amend § 1468.23 as follows: Councils provide a venue for agency ■ 2. Amend § 1468.3 as follows: ■ a. In paragraph (b)(1), remove the leaders to gather input on Tribal ■ a. In the definition of ‘‘Beginning words ‘‘Up to’’ and add ‘‘A minimum interests. farmer or rancher’’: of’’ in their place and add the words ■ i. In paragraph (1), remove the words ‘‘and not to exceed 7 fiscal years’’ Unfunded Mandates ‘‘farm or ranch or’’ and add in their immediately after the words ‘‘5 fiscal Title II of the Unfunded Mandates place the words ‘‘farm, ranch, or’’ each years’’; and Reform Act of 1995 (UMRA) (Pub. L. time they appear; ■ b. In paragraph (b)(2), remove the 104–4), requires Federal agencies to ■ ii. In paragraphs (2) and (3), remove words ‘‘Up to’’ and add ‘‘At least’’ in assess the effects of their regulatory the words ‘‘farm or ranch’’ and add the their place. actions on State, local, and Tribal words ‘‘farm, ranch, or NIPF’’ in their ■ 7. In § 1468.24 revise paragraphs Governments or the private sector. place each time they appear; (b)(2)(i), (iii), and (iv) to read as follows: Agencies generally must prepare a ■ b. In the definition of ‘‘Eligible land’’, written statement, including cost- add the word ‘‘land’’ immediately after § 1468.24 Compensation and funding for benefits analysis, for proposed and final the word ‘‘private’’; agricultural land easements. rules with Federal mandates that may ■ c. In the definition of ‘‘Farm or ranch * * * * * result in expenditures of $100 million or succession plan’’, remove the words (b) * * * more in any 1 year for State, local or ‘‘include specific’’ and add the words (2) * * * Tribal Governments, in the aggregate, or ‘‘include, but is not limited to, specific’’ (i) The eligible entity’s own cash to the private sector. UMRA generally in their place and remove the words resources for payment of easement requires agencies to consider ‘‘new or beginning farmers or ranchers, compensation to the landowner or for a alternatives and adopt the more cost- veteran farmers, or other’’; buy-protect-sell transaction, the amount effective or least burdensome alternative ■ d. In the definition of ‘‘Future of the fair market value of the that achieves the objectives of the rule. viability’’, add the words ‘‘or adoption agricultural land easement, less the This rule contains no Federal mandates, of a farm or ranch succession plan’’ amount of the Federal share, that is as defined under Title II of UMRA, for immediately after the word ‘‘plan’’; and provided through the conveyance of the
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8131
agricultural land easement by the ■ a. In paragraph (c)(1), add the words land’’ immediately after the word eligible entity; ‘‘the purchase of the land’’ after the ‘‘application’’. word ‘‘completed’’; * * * * * Terry Cosby, ■ (iii) Where the amounts as identified b. In paragraphs (c)(3)(ii) and (c)(4), Acting Chief, Natural Resources Conservation in paragraphs (b)(2)(i) and (ii) of this add the words ‘‘of the land’’ after the Service. section are not sufficient to meet the word ‘‘value’’; Robert Stephenson, non-Federal share amount, the eligible ■ b. Redesignate paragraphs (e)(4)(iii) Executive Vice President, Commodity Credit entity may also include the procured and (iv) as paragraphs (e)(4)(iv) and (v); Corporation. costs paid by the eligible entity to a ■ c. Add a new paragraph (e)(4)(iii). [FR Doc. 2021–02268 Filed 2–3–21; 8:45 am] third-party for an appraisal, boundary survey, phase-I environmental site The addition reads as follows: BILLING CODE 3410–16–P assessment, title commitment or report, § 1468.27 Buy-Protect-Sell transactions. title insurance, baseline reports, mineral * * * * * assessments, or closing cost; and DEPARTMENT OF ENERGY (iv) Where the amounts as identified (e) * * * in paragraphs (b)(2)(i) through (iii) of (4) * * * Federal Energy Regulatory this section are not sufficient to meet (iii) The Federal share for the Commission the non-Federal share amount, the agricultural land easement will be eligible entity may also include up to 2 provided on a reimbursable basis only, 18 CFR Parts 250 and 385 percent of the fair market value of the after the agricultural land easement has [Docket No. RM21–8–000; Order No. 875] agricultural land easement for easement closed and the required documents have stewardship and monitoring costs been provided to and reviewed by provided by the eligible entity. Civil Monetary Penalty Inflation NRCS. Adjustments * * * * * * * * * * ■ 8. In § 1468.25 revise paragraphs (c) AGENCY: Federal Energy Regulatory ■ 11. Amend § 1468.28 as follows: and (d)(4) to read as follows: Commission, Department of Energy ■ a. Revise paragraph (c); and (DOE). § 1468.25 Agricultural land easement ■ b. In paragraph (f), add the words ‘‘in ACTION: Final rule. deeds. whole or in in part,’’ immediately after * * * * * the word ‘‘terminated’’. SUMMARY: The Federal Energy (c) The eligible entity may use its own Regulatory Commission (Commission) is The revision reads as follows: terms and conditions in the agricultural issuing a final rule to amend its land easement deed, but the agricultural § 1468.28 Violations and remedies. regulations governing the maximum land easement deed must provide for * * * * * civil monetary penalties assessable for the effective administration, violations of statutes, rules, and orders (c) Notwithstanding paragraph (a) of management, and enforcement of the within the Commission’s jurisdiction. this section, NRCS reserves the right to agricultural land easement by the The Federal Civil Penalties Inflation enter upon and inspect the easement eligible entity or its successors and Adjustment Act of 1990, as amended area if the annual monitoring report assigns and must address the deed most recently by the Federal Civil provided by the agricultural land requirements as specified by this part Penalties Inflation Adjustment Act easement holder documenting and by NRCS in the ALE-agreement. Improvements Act of 2015, requires the compliance with the agricultural land (d) * * * Commission to issue this final rule. easement is insufficient or is not (4) Include clauses requiring that any provided annually, the United States DATES: This final rule is effective changes to the easement deed or has a reasonable and articulable belief February 4, 2021. easement area made after easement that the terms and conditions of the FOR FURTHER INFORMATION CONTACT: recordation, including any amendment easement have been violated, or to Todd Hettenbach, Attorney, Office of to the easement deed, any subordination remedy deficiencies or easement Enforcement, Federal Energy Regulatory of the terms of the easement, or any violations as it relates to the Commission, 888 First Street NE, modifications, exchanges, or conservation plan in accordance with 7 Washington, DC 20426. Phone: (202) terminations of some or all of the CFR part 12. Prior to its inspection, 502–8794; email: Todd.Hettenbach@ easement area, must be consistent with NRCS will notify the agricultural land ferc.gov. the purposes of the agricultural land easement holder and the landowner and easement and this part and must be SUPPLEMENTARY INFORMATION: provide a reasonable opportunity for the 1. In this final rule, the Federal approved by NRCS and the easement agricultural land easement holder and holder in accordance with § 1468.6 prior Energy Regulatory Commission the landowner to participate in the (Commission) is complying with its to recordation or else the action is null inspection. and void. statutory obligation to amend the civil * * * * * monetary penalties provided by law for * * * * * matters within the agency’s jurisdiction. § 1468.26 [Amended] Subpart C—Wetland Reserve Easements I. Background ■ 9. Amend § 1468.26 in paragraph § 1468.32 [Amended] 2. The Federal Civil Penalties (b)(1) by removing the words ‘‘up to’’ Inflation Adjustment Act Improvements and adding ‘‘a minimum of’’ in their ■ 12. Amend § 1468.32 in paragraph Act of 2015 (2015 Adjustment Act),1 place and adding ‘‘and not to exceed 7 (c)(2) by adding the words ‘‘or land which further amended the Federal fiscal years’’ after the words ‘‘5 fiscal under a CRP contract that is in Civil Penalties Inflation Adjustment Act years’’. transition to a covered farmer or rancher ■ 10. Amend § 1468.27 as follows: pursuant to 16 U.S.C. 3835(f), and such 1 Public Law 114–74, Sec. 701, 129 Stat. 584, 599.
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8132 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
of 1990 (1990 Adjustment Act),2 action in the federal courts.4 This maximum civil monetary penalty.11 required the head of each Federal definition applies to the maximum civil This step results in a base penalty agency to issue a rule by July 2016 penalties that may be imposed under increase amount. 5 adjusting for inflation each ‘‘civil the Federal Power Act (FPA), the 6. The third step requires rounding monetary penalty’’ provided by law Natural Gas Act (NGA),6 the Natural Gas the base penalty increase amount to the within the agency’s jurisdiction and to Policy Act of 1978 (NGPA),7 and the nearest dollar and adding that amount make further inflation adjustments on Interstate Commerce Act (ICA).8 an annual basis every January 15 4. Under the 2015 Adjustment Act, to the base penalty to calculate the new thereafter.3 the first step for such adjustment of a adjusted maximum civil monetary civil monetary penalty for inflation penalty.12 II. Discussion requires determining the percentage by 7. Under the 2015 Adjustment Act, an 3. The 2015 Adjustment Act defines a which the U.S. Department of Labor’s agency is directed to use the maximum civil monetary penalty as any penalty, Consumer Price Index for all-urban civil monetary penalty applicable at the fine, or other sanction that: (A)(i) Is for consumers (CPI–U) for October of the time of assessment of a civil penalty, a specific monetary amount as provided preceding year exceeds the CPI–U for regardless of the date on which the 9 by Federal law; or (ii) has a maximum October of the year before that. The violation occurred.13 amount provided for by Federal law; (B) CPI–U for October 2020 exceeded the is assessed or enforced by an agency CPI–U for October 2019 by 1.182%.10 8. The adjustments that the pursuant to Federal law; and (C) is 5. The second step requires Commission is required to make assessed or enforced pursuant to an multiplying the CPI–U percentage pursuant to the 2015 Adjustment Act administrative proceeding or a civil increase by the applicable existing are reflected in the following table:
New adjusted maximum civil monetary Source Existing maximum civil monetary penalty penalty
16 U.S.C. 825o–1(b), Sec. 316A of the Federal Power $1,291,894 per violation, per day ...... $1,307,164 per violation, per day. Act. 16 U.S.C. 823b(c), Sec. 31(c) of the Federal Power Act $23,331 per violation, per day ...... $23,607 per violation, per day. 16 U.S.C. 825n(a), Sec. 315(a) of the Federal Power $3,047 per violation ...... $3,083 per violation. Act. 15 U.S.C. 717t–1, Sec. 22 of the Natural Gas Act ...... $1,291,894 per violation, per day ...... $1,307,164 per violation, per day. 15 U.S.C. 3414(b)(6)(A)(i), Sec. 504(b)(6)(A)(i) of the $1,291,894 per violation, per day ...... $1,307,164 per violation, per day. Natural Gas Policy Act of 1978. 49 App. U.S.C. 6(10) (1988), Sec. 6(10) of the Interstate $1,352 per offense and $68 per day after $1,368 per offense and $69 per day after Commerce Act. the first day. the first day. 49 App. U.S.C. 16(8) (1988), Sec. 16(8) of the Interstate $13,525 per violation, per day ...... $13,685 per violation, per day. Commerce Act. 49 App. U.S.C. 19a(k) (1988), Sec. 19a(k) of the Inter- $1,352 per offense, per day ...... $1,368 per offense, per day. state Commerce Act. 49 App. U.S.C. 20(7)(a) (1988), Sec. 20(7)(a) of the $1,352 per offense, per day ...... $1,368 per offense, per day. Interstate Commerce Act.
III. Administrative Findings IV. Regulatory Flexibility Statement V. Paperwork Reduction Act 9. Congress directed that agencies 10. The Regulatory Flexibility Act, as 11. This rule does not require the issue final rules to adjust their amended, requires agencies to certify collection of information. The maximum civil monetary penalties that rules promulgated under their Commission is therefore not required to submit this rule for review to the Office notwithstanding the requirements of the authority will not have a significant of Management and Budget pursuant to Administrative Procedure Act (APA).14 economic impact on a substantial the Paperwork Reduction Act of 1995.17 Because the Commission is required by number of small businesses.15 The law to undertake these inflation requirements of the Regulatory VI. Document Availability adjustments notwithstanding the notice Flexibility Act apply only to rules 12. In addition to publishing the full and comment requirements that promulgated following notice and text of this document in the Federal otherwise would apply pursuant to the comment.16 The requirements of the Register, the Commission provides all APA, and because the Commission lacks Regulatory Flexibility Act do not apply interested persons an opportunity to discretion with respect to the method to this rulemaking because the view and print the contents of this and amount of the adjustments, prior Commission is issuing this final rule document via the internet through the notice and comment would be without notice and comment. Commission’s Home Page (http:// impractical, unnecessary, and contrary www.ferc.gov). At this time, the to the public interest. Commission has suspended access to
2 Public Law 101–410, 104 Stat. 890 (codified as 5 16 U.S.C. 791a et seq. Adjustment Act Improvements Act of 2015 (Dec. 23, amended at 28 U.S.C. 2461 note). 6 15 U.S.C. 717 et seq. 2020). 3 28 U.S.C. 2461 note, at (4). The Commission 7 15 U.S.C. 3301 et seq. 11 28 U.S.C. 2461 note at (5)(a). made its January 2020 adjustment on January 2, 8 49 App. U.S.C. 1 et seq. (1988). 12 Id. 2020, in Docket No. RM20–2–000. See Civil 9 28 U.S.C. 2461 note at (5)(b)(1). 13 Id. at (6). Monetary Penalty Inflation Adjustments, Order No. 10 See, e.g., Memorandum from Russell T. Vought, 14 Id. at (3)(b)(2). 865, 85 FR 2016 (Jan. 14, 2020), 170 FERC ¶ 61,001 Office of Management and Budget, Implementation 15 5 U.S.C. 601 et seq. (2020). of the Penalty Inflation Adjustments for 2021, 16 5 U.S.C. 603, 604. 4 28 U.S.C. note at (3). Pursuant to the Federal Civil Penalties Inflation 17 44 U.S.C. 3507(d).
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8133
the Commission’s Public Reference Issued: January 8, 2021. (a) 15 U.S.C. 3414(b)(6)(A)(i), Natural Room due to the President’s March 13, Nathaniel J. Davis, Sr., Gas Policy Act of 1978: $1,307,164. 2020 proclamation declaring a National Deputy Secretary. (b) 16 U.S.C. 823b(c), Federal Power Emergency concerning the Novel In consideration of the foregoing, the Act: $23,607 per day. Coronavirus Disease (COVID–19). Commission amends parts 250 and 385, (c) 16 U.S.C. 825n(a), Federal Power 13. From the Commission’s Home chapter I, title 18, Code of Federal Act: $3,083. Page on the internet, this information is Regulations as follows: (d) 16 U.S.C. 825o–1(b), Federal available on eLibrary. The full text of Power Act: $1,307,164 per day. this document is available on eLibrary PART 250—FORMS (e) 15 U.S.C. 717t–1, Natural Gas Act: in PDF and Microsoft Word format for $1,307,164 per day. ■ 1. The authority citation for part 250 viewing, printing, and downloading. To (f) 49 App. U.S.C. 6(10) (1988), continues to read as follows: access this document in eLibrary, type Interstate Commerce Act: $1,368 per the docket number (excluding the last Authority: 15 U.S.C. 717–717w, 3301– offense and $69 per day after the first three digits) in the docket number field. 3432; 42 U.S.C. 7101–7352; 28 U.S.C. 2461 day. note. (g) 49 App. U.S.C. 16(8) (1988), 14. User assistance is available for Interstate Commerce Act: $13,685 per ■ eLibrary and the Commission’s website 2. Revise § 250.16(e)(1) to read as day. during normal business hours from the follows: (h) 49 App. U.S.C. 19a(k) (1988), Commission’s Online Support at (202)- § 250.16 Format of compliance plan for Interstate Commerce Act: $1,368 per 502–6652 (toll free at 1–866–208–3676) transportation services and affiliate day. or email at [email protected], transactions. (i) 49 App. U.S.C. 20(7)(a) (1988), or the Public Reference Room at (202) * * * * * Interstate Commerce Act: $1,368 per 502–8371, TTY (202) 502–8659, (e) * * * day. [email protected]. (1) Any person who transports gas for [FR Doc. 2021–00679 Filed 2–3–21; 8:45 am] VII. Effective Date and Congressional others pursuant to subpart B or G of part BILLING CODE 6717–01–P Notification 284 of this chapter and who knowingly violates the requirements of §§ 358.4 15. For the same reasons the and 358.5 of this chapter, this section, DEPARTMENT OF ENERGY Commission has determined that public or § 284.13 of this chapter will be notice and comment are unnecessary, subject, pursuant to sections 311(c), 501, Federal Energy Regulatory impractical, and contrary to the public and 504(b)(6) of the Natural Gas Policy Commission interest, the Commission finds good Act of 1978, to a civil penalty, which cause to adopt an effective date that is the Commission may assess, of not more 18 CFR Part 292 less than 30 days after the date of than $1,307,164 for any one violation. [Docket Nos. RM21–2–000 and RM20–20– publication in the Federal Register * * * * * 000; Order No. 874] pursuant to the Administrative Procedure Act,18 and therefore, the PART 385—RULES OF PRACTICE AND Fuel Cell Thermal Energy Output; regulation is effective upon publication PROCEDURE Bloom Energy Corporation in the Federal Register. AGENCY: Federal Energy Regulatory ■ 3. The authority citation for part 385 16. The Commission has determined, Commission, Department of Energy. continues to read as follows: with the concurrence of the ACTION: Final rule. Administrator of the Office of Authority: 5 U.S.C. 551–557; 15 U.S.C. Information and Regulatory Affairs of 717–717w, 3301–3432; 16 U.S.C. 791a–825v, SUMMARY: In this final rule, the Federal the Office of Management and Budget, 2601–2645; 28 U.S.C. 2461; 31 U.S.C 3701, Energy Regulatory Commission amends that this rule is not a ‘‘major rule’’ as 9701; 42 U.S.C. 7101–7352, 16441, 16451– the definition of useful thermal energy 16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85 defined in section 351 of the Small (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. output in its regulations implementing Business Regulatory Enforcement 2461 note (2015). the Public Utility Regulatory Policies Fairness Act of 1996. This final rule is Act of 1978 to recognize the technical being submitted to the Senate, House, ■ 4. Revise § 385.1504(a) to read as evolution of cogeneration. follows: and Government Accountability Office. DATES: This rule is effective April 5, List of Subjects § 385.1504 Maximum civil penalty (Rule 2021. 1504). FOR FURTHER INFORMATION CONTACT: 18 CFR Part 250 (a) Except as provided in paragraph Lawrence R. Greenfield (Legal Natural gas, Reporting and (b) of this section, the Commission may Information), Office of the General recordkeeping requirements. assess a civil penalty of up to $23,607 Counsel, Federal Energy Regulatory for each day that the violation Commission, 888 First Street NE, 18 CFR Part 385 continues. Washington, DC 20426, (202) 502– * * * * * 6415, [email protected] Administrative practice and Helen Shepherd (Technical procedure, Electric power, Penalties, ■ 5. Revise § 385.1602 to read as follows: Information), Office of Energy Market Pipelines, Reporting and recordkeeping Regulation, Federal Energy Regulatory requirements. § 385.1602 Civil penalties, as adjusted Commission, 888 First Street NE, By the Commission. Commissioner (Rule 1602). Washington, DC 20426, (202) 502– Clements is not participating. Commissioner The current inflation-adjusted civil 6176, [email protected] Christie is not participating. monetary penalties provided by law Thomas Dautel (Technical Information), within the jurisdiction of the Office of Energy Policy and 18 5 U.S.C. 553(d)(3). Commission are: Innovation, Federal Energy Regulatory
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8134 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
Commission, 888 First Street NE, As recognized by the Supreme Court, definition of qualifying cogeneration Washington, DC 20426, (202) 502– Congress passed PURPA to address the facilities to the particular technologies 6196, [email protected]. impacts of oil and natural gas shortages then in existence. Instead, as described SUPPLEMENTARY INFORMATION: (and electric utilities’ decreasing above, Congress defined a cogeneration efficiency in their generating capacities) facility as a facility that produces: (1) I. Introduction on customer rates and the economy as Electric energy; and (2) steam or forms 1. In this final rule, the Federal a whole.9 of useful energy, such as heat, which are Energy Regulatory Commission 5. PURPA section 210 was intended to used for industrial, commercial, heating (Commission) revises its regulations address the energy crisis by encouraging or cooling purpose.16 Congress (PURPA Regulations) 1 implementing the development of QFs and thereby otherwise left it for the Commission, sections 201 and 210 of the Public reducing the country’s demand for from time to time, to determine the Utility Regulatory Policies Act of 1978 traditional fossil fuels.10 PURPA section types of facilities that would qualify as (PURPA) 2 in light of the development of 210(a) thus directed that the cogeneration facilities under the statute. fuel cell systems with integrated Commission ‘‘prescribe, and from time 8. Unlike more traditional electric hydrocarbon reformation equipment as to time thereafter revise, such rules as generation that relies on combustion of a technical evolution of cogeneration. [the Commission] determines necessary fossil fuels to produce electric energy, 2. On October 15, 2020, the to encourage cogeneration and small fuel cells convert the chemical energy in Commission issued a notice of proposed power production.’’ 11 hydrogen to electric energy without rulemaking (NOPR) proposing to modify 6. In 1980, the Commission issued combustion. This conversion has been the PURPA Regulations.3 Bloom Energy, Order No. 70, which promulgated rules characterized as a significant Edison Electric Institute (EEI), and that, as relevant here, largely remain in improvement in the efficiency of FuelCell Energy, Inc. (FuelCell Energy) effect today.12 Order No. 70 established electric generation.17 More specifically, responded with comments and the the ‘‘criteria and procedures by which hydrogen fuel—which can be produced California Public Utilities Commission small power producers and from the application of heat and steam filed a notice of intervention. Bloom cogeneration facilities can obtain to hydrocarbons such as natural gas— Energy also filed a motion to submit qualifying status to receive the rate enters the anode side of the fuel cell. reply comments, and reply comments, benefits and exemptions’’ contained in Simultaneously, ambient air enters the to the comments of FuelCell Energy and PURPA section 210.13 As relevant here, cathode side of the fuel cell. The EEI. the Commission established criteria for hydrogen fuel on the anode attracts 3. This final rule addresses the a cogeneration QF, a facility that, as oxygen ions from the cathode. The comments received in response to the required by the statute, ‘‘produces (i) resulting electrochemical reaction NOPR. With one modification, we adopt electric energy, and (ii) steam or forms produces electricity plus heat and steam the proposed revisions in the NOPR. of useful energy (such as heat) which that can be used up front to reform II. Background are used for industrial, commercial, natural gas on-site to produce the heating or cooling purposes.’’ 14 hydrogen that fuels the fuel cell.18 4. PURPA was part of a legislative 7. In enacting PURPA, Congress could 9. If the natural gas reformation package Congress enacted in 1978 to not, and did not, predict specific equipment were instead located offsite, address the energy crisis then facing the technological developments that would then waste heat (in the form of steam) country.4 As the Supreme Court occur in future years but instead from the electricity production by the explained in FERC v. Mississippi,5 recognized the Commission’s discretion fuel cell would not be available to aid Congress was aware that domestic oil by directing the Commission to ‘‘from the reformation process to fuel the cell. production had lagged behind demand, time to time thereafter revise such rules In this offsite reformation scenario, we and the country had become as it determines necessary to encourage would expect the external reformation increasingly dependent on foreign oil— 15 cogeneration.’’ Although in 1978 the process to require additional natural gas which could jeopardize the country’s predominant form of cogeneration was a to be burned to create steam so that the economy and undermine its more traditional combined heat and remainder of the input natural gas could independence.6 Roughly a third of the power, Congress did not limit the be reformed into hydrogen.19 nation’s electricity was generated using This 7 would be inefficient and inconsistent oil and natural gas, and Congress 9 Id. at 745–46. with Congress’s goal in enacting concluded that increased reliance on 10 Id. at 750. PURPA, as discussed above. cogeneration and small power 11 16 U.S.C. 824a–3(a). 10. Stated another way, integrating production could significantly 12 Small Power Production and Cogeneration the natural gas reformation process into contribute to conserving this energy.8 Facilities—Qualifying Status, Order No. 70, 45 FR 17959 (Mar. 20, 1980), FERC Stats. & Regs. ¶ 30,134 a fuel cell generating facility results in (cross-referenced at 10 FERC ¶ 61,230), order on significant ‘‘progress in the 1 18 CFR part 292. reh’g, Order No. 70–A, 45 FR 33603 (May 20, 1980), development of efficient electric energy 2 16 U.S.C. 796, 824a–3. FERC Stats. & Regs. ¶ 30,159 (cross-referenced at 11 20 3 Fuel Cell Thermal Energy Output, Notice of FERC ¶ 61,119), order on reh’g, Order No. 70–B, 45 generating technology.’’ Proposed Rulemaking, 85 FR 67,699 (Oct. 26, 2020), FR 52779 (Aug. 4, 1980), FERC Stats. & Regs. 175 FERC ¶ 61,050 (2020) (NOPR). ¶ 30,176 (cross-referenced at 12 FERC ¶ 61,128), III. NOPR Proposal 4 See Public Law 95–617, 92 Stat. 3117 (1978). In order on reh’g, 45 FR 66784 (Oct. 8, 1980) FERC 11. In the NOPR, the Commission addition to PURPA, that legislative package Stats. & Regs. ¶ 30,192 (1980) (cross-referenced at 12 stated that the statutory definition of included: The Energy Tax Act of 1978, Public Law FERC ¶ 61,306), amending regulations, Order No. 95–618, 92 Stat. 3174; the National Energy 70–D, 46 FR 11251 (Feb. 6, 1981), FERC Stats. & Conservation Policy Act, Public Law 95–619, 92 Regs. ¶ 30,234 (cross-referenced at 14 FERC 16 See supra note 14. Stat. 3206; the Powerplant and Industrial Fuel Use ¶ 61,076), amending regulations, Order No. 70–E, 17 Bloom Energy Petition at 8. Act of 1978, Public Law 95–620, 92 Stat. 3289; and 46 FR 33025 (Jun. 26, 1981) FERC Stats. & Regs. 18 Id. the Natural Gas Policy Act of 1978, Public Law 95– ¶ 30,274 (1981) (cross-referenced at 15 FERC 19 Furthermore, because hydrogen is frequently 621, 92 Stat. 3351. ¶ 61,281). compressed or liquified for shipment to the point 5 456 U.S. 742 (1982). 13 Order No. 70, FERC Stats. & Regs. ¶ 30,134 at of consumption, more energy would be needed for 6 Id. at 756. 30,933. these activities. Id. at 8 & App. B. 7 Id. at 745. 14 16 U.S.C. 796(18); accord 18 CFR 292.202(c). 20 Id. at 1, 3, 7, 16 (citing 16 U.S.C. 824a– 8 Id. at 757. 15 16 U.S.C. 824a–3(a). 3(n)(1)(A)(iii)).
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8135
cogeneration facilities requires that a with integrated natural gas reformation reformation process for production of cogeneration facility produce ‘‘(i) equipment generate two forms of useful fuel for electricity generation.29 electric energy, and (ii) steam or forms energy—electricity, and heat/steam 17. In proposing this change to its of useful energy (such as heat) which (thermal energy) that is used to produce regulations, the Commission did not are used for industrial, commercial, hydrogen (a chemical energy). 21 propose to revise section 292.205(d) of heating or cooling purposes.’’ This 15. The PURPA Regulations identify the PURPA Regulations, which definition provides for steam or other three categories of useful thermal output establishes additional criteria for, in forms of useful energy to be used for, from a topping-cycle cogenerator. They particular, new cogeneration facilities e.g., an industrial purpose. The creation are thermal energy (1) that is ‘‘made seeking to sell electric energy pursuant by a fuel cell system with an integrated available to an industrial or commercial to PURPA section 210.30 The natural gas reformation process of a Commission proposed that any new commercially valuable fuel, as process . . .; (2) that is used in a heating application . . .; or (3) that is used in cogeneration facility that is a solid oxide described in the NOPR, would fit within 25 the scope of this statutory definition. a space cooling application.’’ In the fuel cell system with an integrated Consistent with the PURPA Regulations, NOPR, the Commission proposed to steam hydrocarbon reformation process fuel cell systems with integrated natural amend its regulations to provide that the would be required to satisfy the existing gas reformation equipment produce two production of heat/steam by a solid criteria of section 292.205(d) of the forms of energy: Electricity, and the oxide fuel cell system for use in an PURPA Regulations if it seeks to make heat/steam (thermal energy) used to integrated natural gas reformation sales of electric energy pursuant to create the hydrogen that fuels the fuel process to produce hydrogen yields a PURPA section 210. useful thermal energy output made cell system (a chemical energy). IV. Comments 12. The Commission’s PURPA available to an industrial process that, Regulations define a topping-cycle as described in the NOPR, entitles such 18. FuelCell Energy, which explains cogeneration facility as a cogeneration a system to be considered a topping that it operates fuel cell systems on facility in which the energy input to the cycle cogeneration facility that qualifies, three continents that have generated facility is first used to produce useful subject to meeting the other relevant over 10 billion kWh of power, asks the power output and at least some of the requirements,26 to be a QF. The Commission to revise its regulations to reject heat from the power production Commission stated that the recent encompass more than just solid oxide process is then used to provide useful technological advances in utilizing the fuel cell systems. FuelCell Energy thermal energy.22 thermal energy from a solid oxide fuel asserts that Bloom Energy requested that 13. Fuel cell systems with integrated cell in an integrated steam hydrocarbon the Commission expand its current natural gas reformation equipment reformation process were not known or definition of a cogeneration facility so convert the chemical energy within anticipated when the Commission that Bloom Energy’s solid oxide fuel natural gas into electricity using a adopted its original definitions for cells qualify as a QF. FuelCell Energy 23 steam-methane reformation process, useful thermal energy, but that fact argues that the Commission should which essentially converts the methane should not stand in the way of the revise the definition, so it can apply in the natural gas input to hydrogen, Commission now recognizing such more broadly to any fuel cell systems which then reacts with oxygen in the advances and responding accordingly.27 that use waste heat for the reforming of fuel cell to produce electricity. The by- fuel to produce hydrogen, and not just product of the fuel cell’s production of 16. In recognition of technological Bloom Energy’s solid oxide fuel cell electricity is heat and steam, some of advancements over the past 40 years system.31 which can be used in the steam- and Congress’s commitment to methane reformation process to convert ‘‘continuing progress in the 19. FuelCell Energy asserts that its more methane into hydrogen, which the development of efficient electric energy carbonate fuel cells use waste heat in an 28 fuel cells use, in combination with generating technology,’’ and in light integrated fuel reforming process to oxygen from the air, to produce of the development and produce hydrogen,32 just as Bloom electricity. commercialization of fuel cell systems Energy’s solid oxide fuel cells do. 14. As a cogeneration QF is one that with integrated natural gas reformation FuelCell Energy contends that, as long ‘‘produces electric energy as well as equipment since the original adoption as fuel cell systems use waste heat for steam or forms of useful energy (such as of the PURPA Regulations, the the reforming of hydrocarbon fuel to heat) which are used for industrial, Commission proposed in the NOPR to produce hydrogen, the particular fuel commercial, heating or cooling amend section 292.202(h) of the PURPA cell technology should not be exclusive purposes,’’ 24 consistent with the Regulations by adding a new paragraph or exclusionary; so long as there is no PURPA Regulations, fuel cell systems providing that useful thermal energy efficiency tradeoffs or additional output include the thermal energy that negative environmental impacts, the 21 16 U.S.C. 796(18)(A). is used by a solid oxide fuel cell system type of fuel cell technology (whether 22 18 CFR 292.202(d). with an integrated steam hydrocarbon 23 Industrial gas manufacturers also produce 29 NOPR, 175 FERC ¶ 61,050 at PP 1, 3, 7, 10–11. hydrogen from natural gas using a steam-methane 25 30 reformation process, but must produce their own 18 CFR 292.202(h). 18 CFR 292.205(d); see also 18 CFR steam, usually through combustion of some of the 26 See 18 CFR 292.203(b), 292.205. If the 292.205(d)(4) (‘‘For purposes of paragraphs (d)(1) input natural gas. Because the buyers of the cogeneration facility is a ‘‘new’’ qualifying and (2) of this section, a new cogeneration facility resulting hydrogen are usually remote from the cogeneration facility ‘‘seeking to sell electric energy of 5 MW or smaller will be presumed to satisfy the industrial gas manufacturer, this hydrogen is either pursuant to [PURPA section 210],’’ such facility requirements of those paragraphs.’’). That compressed or liquified in order to transport the must meet certain additional requirements. 16 presumption for 5 MW or smaller facilities is a hydrogen to the end user. Integrating the natural gas U.S.C. 824a–3(n); accord 18 CFR 292.205(d) rebuttable presumption, though. steam reformation process into a fuel cell system (implementing PURPA section 210(n), by requiring Revised Regulations Governing Small Power increases efficiency and avoids the energy loss of an additional showing for certain cogeneration Production and Cogeneration Facilities, Order No. external reformation, and compression or facilities that are ‘‘seeking to sell electric energy 671, 114 FERC ¶ 61,102, at PP 26, 60, order on reh’g, liquefaction for surface transportation. Bloom pursuant to [PURPA] section 210’’). Order No. 671–A, 115 FERC ¶ 61,225 (2006). Energy Petition at 8 & App. B. 27 See infra note 53. 31 FuelCell Energy Comments at 5, 7. 24 16 U.S.C. 796(18). 28 16 U.S.C. 824a–3(n)(1)(A)(iii). 32 Id. at 6.
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8136 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
carbonate or solid oxide) should be defined a cogeneration facility as one processes.44 EEI asserts that solid oxide irrelevant.33 that fuel cells’ primary purpose is to produce 20. EEI requests that the Commission produces electric energy and steam or forms more electricity instead of using the not move forward with this final rule, of useful energy (such as heat) which are thermal energy for another, independent arguing that the Commission cannot used for industrial, commercial, heating, or purpose. expand the statutory definition of a cooling purposes. Thus, cogeneration 27. Finally, EEI argues that, in the cogeneration facility.34 EEI asserts that facilities simultaneously produce two forms past, the Commission has remained of useful energy, namely electric power and technology neutral; yet, here, the fuel cell technology does not meet the heat. Cogeneration facilities can use statutory requirements to be certified as Commission is proposing to change its significantly less fuel to produce electricity PURPA Regulations to endorse a a cogeneration facility. EEI agrees that and steam (or other forms of energy) than the Commission is charged with would be needed to produce the two specific technology. EEI requests that, implementing PURPA through adoption separately. By using the fuels more efficiently instead of changing the regulations to of regulations but argues that, in doing cogeneration facilities can make a significant accommodate specific technologies, the so, the Commission is limited by the contribution to the Nation’s effort to conserve Commission evaluate new technologies statutory requirements. EEI states that, its energy resources.40 under statutory criteria and the goals of to qualify as a QF, a cogeneration 24. Further, EEI explains that there is PURPA to ensure a level playing field facility must meet the statutory for all technologies. an explicit requirement for the sequential use 28. Bloom Energy filed comments definition of a cogeneration facility, i.e., of energy in cogeneration facilities. This it must be a facility which produces: (1) means that rejected heat from a power reiterating its support for the revision of Electric energy and (2) steam or forms production or heating process is used in the Commission’s PURPA Regulations, of useful energy (such as heat) which another power production or heating process. contending that the revised definition are used for industrial, commercial, It is precisely this ‘‘cascading’’ use of energy ‘‘represents a narrow, targeted form of heating or cooling purposes.35 in sequential processes that gives rise to the regulatory relief necessary to ensure energy conserving characteristics of ‘continuing progress in the development 21. EEI also points out that the statute cogeneration.41 of efficient electric energy generating requires that the Commission establish technology’ and . . . would not impact regulations that ensure that: 25. EEI explains that, in adopting this provision in Order No. 70, the the application of the ‘fundamental use (i) The thermal energy output of a new Commission clarified the facilities test’ or the existing operating standards qualifying cogeneration facility is used in a eligible for QF status did not include applicable to cogeneration facilities.’’ 45 productive and beneficial manner; natural gas-fired combined-cycle Bloom Energy asserts that fuel cells (ii) the electrical, thermal, and chemical combustion plants even though the provide several public policy benefits output of the cogeneration facility is used such as grid reliability and resiliency of fundamentally for industrial, commercial, or sequential use of heat is used to produce 42 electric supply. Bloom Energy includes institutional purposes and is not intended more electricity. EEI argues that the fundamentally for sale to an electric utility, main difference between a solid oxide a Joint Declaration from former taking into account technological, efficiency, fuel cell and a natural gas-fired Commissioners Vicky A. Bailey, economic, and variable thermal energy combined-cycle facility is that the solid Norman C. Bay, Nora Mead Brownell, requirements, as well as State laws oxide fuel cell produces electricity from Suedeen G. Kelly, and William L. applicable to sales of electric energy from a natural gas through a chemical reaction Massey, who note their support of the qualifying facility to its host facility; and instead of combustion, which is not a NOPR and state that the ‘‘proposed (iii) continuing progress in the meaningful distinction because ‘‘[i]f the change is consistent with the statutory development of efficient electric energy thermal energy uses were not required text of PURPA and the definition of 36 generating technology. to be completely independent of the ‘cogeneration facility’ in the [FPA]....’’46 Subsequently, Bloom 22. EEI argues that this statutory power production processes many Energy filed reply comments in language indicates that, contrary to the conventional generating facilities could response to the comments of FuelCell Commission’s statement in the NOPR, be considered cogeneration facilities Energy and EEI. the definition of cogeneration is not and may be eligible for the benefits of 43 ‘‘open-ended.’’ 37 EEI recognizes that section 210 of PURPA.’’ V. Discussion other technologies may qualify as 26. EEI argues that allowing solid oxide fuel cells to now qualify as 29. In this final rule, we adopt a cogeneration facilities under the statute revision to the definition of a topping- but argues that the fuel cell technology cogeneration is inconsistent with the rationale behind encouraging cycle cogeneration facility in section described in the NOPR does not meet 292.202(h) of the PURPA Regulations, as the statutory requirement.38 cogeneration under PURPA. EEI explains that, in Order No. 70, the proposed in the NOPR, with one 23. EEI explains that the solid oxide Commission recognized that the goal modification, to include all fuel cells fuel cell system described in the NOPR was to promote conservation by that use waste heat in an integrated fuel appears to be a self-contained reaction recognizing that the production of reforming process, instead of limiting that is designed to produce electricity electricity often creates a byproduct, the type of eligible fuel cells to only and thus is inconsistent with the thermal energy, and with minimal solid oxide fuel cells.47 statutory requirement.39 EEI explains additional fuel the cogenerators could that, in Order No. 70, the Commission produce large amounts of thermal 44 Id. energy that could be used in other 45 Bloom Energy Comments at 7 (referencing Bloom Energy Petition at 1–2) (internal quotations 33 Id. at 5. omitted). 34 EEI Comments at 2. 40 Id. (quoting Order No. 70, FERC Stats. & Regs. 46 Bloom Energy Comments, Joint Declaration at 35 Id. at 4 (quoting 16 U.S.C. 796(18)). ¶ 30,134 at 30,931–32). 3. 36 Id. (quoting16 U.S.C. 824a–3(n)). 41 Id. (quoting Order No. 70, FERC Stats. & Regs. 47 We recognize that the integrated fuel reforming 37 Id. (referencing NOPR, 175 FERC ¶ 61,050 at P ¶ 30,134 at 30,934). process can use hydrocarbons other than just 3). 42 Id. at 6–7. natural gas but also, e.g., bio-gas. The regulatory 38 Id. 43 Id. at 7 (quoting EG&G, Inc., 16 FERC ¶ 61,060, text’s reference to ‘‘an integrated steam hydrocarbon 39 Id. at 6. at 61,104 (1981)). reformation process’’ thus encompasses not only
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8137
30. The statutory definition of energy as well as steam or forms of production of hydrogen to be used, cogeneration facilities requires only that useful energy (such as heat) which are ultimately, as fuel for electricity a cogeneration facility produce ‘‘(i) used for industrial, commercial, heating generation. electric energy, and (ii) steam or forms or cooling purposes.’’ 51 Consistent with 34. We also note that the thermal of useful energy (such as heat) which this language, fuel cell systems with energy output, i.e., the waste heat, from are used for industrial, commercial, integrated hydrocarbon reformation the fuel cell that is used to reform heating or cooling purposes ....’’48 equipment do exactly that and thus can natural gas into hydrogen fuel is used in This definition explicitly provides for be cogeneration facilities. Fuel cells, as a sequential process to create additional steam or other forms of useful energy to noted above, generate two forms of electricity and is more efficient and uses be used for an industrial purpose. useful energy—electricity and the heat/ less fuel than fuel cells without Because, as described above, a fuel cell steam (thermal energy) that is used to integrated fuel reforming systems. This system with an integrated hydrocarbon produce hydrogen. The Commission technology did not exist when the reformation process creates useful thus amends its PURPA Regulations to Commission established the regulations thermal energy in that it is used for an provide that the production of heat/ in Order No. 70. In this final rule, we industrial purpose—here, producing a steam by a fuel cell system with an now update our cogeneration commercially valuable fuel, hydrogen— integrated hydrocarbon reformation regulations to include fuel cells with an it fits within this statutory definition. process to produce hydrogen yields a integrated steam hydrocarbon Phrased differently, fuel cell systems ‘‘useful thermal energy output’’ made reformation process. Combined-cycle with integrated hydrocarbon available to an industrial process that electric generation, while admittedly a reformation equipment produce two entitles such a system, consistent with more efficient form of electric forms of useful energy: Electric energy the statute’s requirements for a generation than, for example, a and heat/steam (thermal energy) which cogeneration facility, to be considered a combustion turbine, is still not the same can be used to produce hydrogen (from topping cycle cogeneration facility that thing as a fuel cell system with an which chemical energy can be used to can qualify, subject to meeting the other integrated steam hydrocarbon produce electric energy). relevant requirements,52 to be a QF. The reformation process and does not 31. Currently, the Commission’s technological advances in fuel cells that warrant being identified as a qualifying PURPA Regulations as adopted in 1980 have occurred since 1980 were neither facility. provide that a topping-cycle known nor anticipated when the 35. FuelCell Energy argues that the cogeneration facility is a cogeneration Commission adopted its original NOPR proposal endorsed a specific facility in which the energy input to the definitions for useful thermal energy, technology, solid oxide fuel cells, facility is first used to produce useful but that fact should not stand in the way instead of establishing standards that power output and at least some of the of the Commission now recognizing would apply to all similar fuel cells. We reject heat from the power production such advances and responding agree. The Commission has not process is then used to provide useful 53 accordingly. endorsed specific types of solar panels, thermal energy.49 Fuel cell systems with 33. In sum, recognizing technological for example, in defining small power integrated hydrocarbon reformation advancements over the past 40 years production facilities. Here, as FuelCell equipment convert the chemical energy and Congress’s commitment to Energy recognizes, the focus should be of the methane within natural gas into ‘‘continuing progress in the on the integrated use of waste heat for hydrogen and, ultimately, electricity development of efficient electric energy reforming hydrocarbons to produce using a steam-methane reformation generating technology,’’ 54 and in light hydrogen to fuel a fuel cell, instead of process,50 which converts the natural of the development and the specific fuel cell technology utilized gas input to hydrogen, which reacts commercialization of fuel cell systems to accomplish that goal (i.e., solid oxide with oxygen in the fuel cell to produce with integrated hydrocarbon or carbonate). As such, we modify the electricity. The by-product of the fuel reformation equipment since the proposed definition in the NOPR to cell’s production of electricity is heat original adoption of the PURPA state that useful thermal energy output and steam, some of which is used in the Regulations, we amend section includes the thermal energy that is used integrated hydrocarbon reformation 292.202(h) of the PURPA Regulations by by a fuel cell system with an integrated process to convert more natural gas into adding a new paragraph to provide that steam hydrocarbon reformation process hydrogen, which the fuel cells use, in ‘‘useful thermal energy output’’ includes for production of fuel for electricity combination with oxygen from the air, the thermal energy that is used by a fuel generation. to produce electricity. cell system with an integrated steam 36. Finally, as we have noted above, 32. A cogeneration facility is, per the hydrocarbon reformation process for statute, one that ‘‘produces electric we reiterate that ‘‘new’’ cogeneration 51 16 U.S.C. 796(18). facilities seeking to sell electric energy use of natural gas in the reformation process but 52 See 18 CFR 292.203(b), 292.205. If the facility pursuant to PURPA section 210 must also use of other hydrocarbons such as bio-gas. is a ‘‘new’’ cogeneration facility that seeks to sell meet the additional requirements 48 16 U.S.C. 796(18)(A). electric energy pursuant to PURPA section 210, it imposed by PURPA section 210 and the 49 18 CFR 292.202(d). will also need to meet the additional requirements implementing regulations, that the 50 As explained in the NOPR, and described again applicable to such facilities. 16 U.S.C. 824a–3(n); 18 CFR 292.205(d). ‘‘thermal energy output . . . is used in above, industrial gas manufacturers also produce 55 hydrogen from natural gas using a steam-methane 53 We recognize that, in EG&G, Inc., the a productive and beneficial manner’’ reformation process but must produce their own Commission stated that, for cogeneration, ‘‘the use and that ‘‘[t]he electrical, thermal, steam, usually through combustion of some of the of thermal energy must be completely independent chemical and mechanical output of the input natural gas. Because the buyers of the of the power production process.’’ EG&G, Inc., 16 cogeneration facility is used resulting hydrogen are usually remote from the FERC at 61,104. Even aside from the fact that that industrial gas manufacturer, this hydrogen is either order did not involve fuel cells, it was issued under fundamentally for industrial, compressed or liquified in order to transport the the regulations then effective, which we revise here. commercial, residential or institutional hydrogen to the end user. Integrating the See id. at 61,103–04. In short, it was based on the purposes and is not intended hydrocarbon reformation process into a fuel cell regulations as adopted in 1980, and it has now been fundamentally for sale to an electric system increases efficiency and avoids the energy overtaken by the change in the PURPA Regulations loss of external reformation and compression or adopted today. liquefaction for surface transportation. 54 16 U.S.C. 824a–3(n)(1)(A)(iii). 55 18 CFR 292.205(d)(1).
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8138 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
utility.’’ 56 These requirements apply to collection requirements contemplated provides that useful thermal energy fuel cell systems subject to the revised by proposed rules (including deletion, outputs will now include the thermal regulations adopted in this final rule. revision, or implementation of new energy ‘‘that is used by a fuel cell 58 VI. Information Collection Statement requirements). Upon approval of a system with an integrated steam collection of information, OMB will hydrocarbon reformation process for 57 37. The Paperwork Reduction Act assign an OMB control number and an production of fuel for electricity requires each federal agency to seek and expiration date. Respondents subject to generation.’’ Below, the table includes obtain the Office of Management and the filing requirements of a rule will not estimated changes to the burden and Budget’s (OMB) approval before be penalized for failing to respond to the 59 undertaking a collection of information cost of the FERC Form No. 556A due (including reporting, record keeping, collection of information unless the to this final rule. As demonstrated by and public disclosure requirements) collection of information displays a the table, we believe that some directed to ten or more persons or valid OMB control number. respondents may file multiple Form No. contained in a rule of general Public Reporting Burden: The 556As in order to avail themselves of applicability. OMB regulations require Commission is revising its regulations the revision in the regulations adopted approval of certain information implementing PURPA. The revision above.60
FERC–556A, CERTIFICATION OF QUALIFYING FACILITY STATUS FOR A SMALL POWER PRODUCTION OR COGENERATION FACILITY,CHANGES DUE TO FINAL RULE IN DOCKET NOS. RM21–2–000 AND RM20–20–000 61
Annual Total Average Total annual Annual Facility type Filing type Number of number of number of burden hours burden hours & cost per respondents responses per & cost per respondent respondent responses response total annual cost ($)
(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1)
Cogeneration Self-certifi- 5 63 600 3,000 1.5 hrs.; $124.50 ..... 4,500 hrs.; $373,500 $74,700 Facility ≤ 1 cation. MW 62. Cogeneration Self-certifi- 5 20 100 1.5 hrs.; $124.50 ..... 1,500 hrs.; $12,450 2,490 Facility > 1 cation. MW. Cogeneration Application for 5 1 5 50 hrs.; $4,150 ...... 250 hrs.; $20,750 .... 4,150 Facility > 1 FERC cer- MW. tification.
FERC– ...... 15 ...... 3,105 ...... 6,250 hrs.; $406,700 ...... 556A, TOTAL ADDI- TIONAL BUR- DEN AND COST DUE TO final rule in RM21– 2 and RM20– 20.
Title: FERC–556A (Certification of Small Power Production or While FuelCell Energy also states that, Qualifying Facility (QF) Status for a Cogeneration Facility) to date, it has over 250 MW of fuel cells
56 18 CFR 292.205(d)(2). See also Energy Policy 60 The changes to the FERC Form No. 556 adopted Commission in terms of wages and benefits. Act of 2005, Public Law 109–58, 1253, 119 Stat. in Order No. 872 are pending OMB review (under Therefore, cost estimates are based on FERC’s 2020 594, 967–70 (2005); Order No. 671, 114 FERC ICR #202006–1902–004). Those changes are average hourly wage (and benefits) of $83.00/hour. ¶ 61,102, order on reh’g, Order No. 671–A, 115 separate and are not affected by or addressed in this 62 Such facilities are not required to file but have FERC ¶ 61,225. final rule. the choice whether to do so. 57 44 U.S.C. 3501–21. 61 The figures in this table reflect estimated 63 Bloom Energy has stated they have 600 58 See 5 CFR 1320.11. changes to the current OMB-approved inventory for facilities, each with an average size of 0.6 MW, see 59 The change to the FERC–556 to reflect the the FERC Form No. 556. Commission Information Bloom Energy Petition at 14, which, if they all were change in the regulations adopted by this final rule Collection Activities (FERC–556); Comment in fact to file, would result in as many as 600 self- is being submitted under a temporary interim Request; Extension, Docket No. IC19–16–000 certifications of below-1 MW facilities. The information collection number, FERC–556A (OMB (issued May 15, 2019 and approved by OMB on Commission accordingly will adopt a conservative Control No. 1902–0316) because another change to November 18, 2019). The above table only reflects approach and estimate 600 such responses over the FERC–556 (OMB Control No. 1902–0075) is cogeneration facilities because small power course of a year, which is especially conservative pending OMB review and only one change per production facilities will not be affected by the given that the Commission’s regulations do not OMB Control No. can be pending for OMB review changes in this final rule. The Commission staff require below-1 MW facilities to submit self- at a time. believes that the industry is similarly situated to the certifications.
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8139
(but of unknown size) installed, in for any action that may have a SBA size standard for electric utilities is backlog, or under award on three significant adverse effect on the human based on the number of employees, continents, our burden estimate of as environment.65 Whether and how the including affiliates.70 Under SBA’s many as five respondents self-certifying changes adopted here, however, would current size standards, the threshold for up to 600 units annually each is affect QF development and the a small entity (including its affiliates) is sufficiently large to encompass any such environment is speculative. 250 employees for cogeneration in the self-certifications. 39. The changes to the PURPA NAICS 71 category: NAICS code 221118 Action: Revisions to existing Regulations do not authorize or fund for Other Electric Power Generation. information collection FERC–556–A.64 particular generation that may happen 42. This rule directly affects OMB Control No.: 1902–0316. to qualify as QFs, nor do they license or cogeneration facilities, the majority of Respondents: Facilities that are self- issue permits for operation of generation which the Commission estimates are certifying their status as a cogenerator or that may happen to qualify as QFs; such small businesses. However, the that are submitting an application for generation can be built and operated Commission does not expect the Commission certification of their status independent of, i.e., without, QF revision to affect a substantial number as a cogenerator. certification. They do not authorize or of small entities. This final rule directly Frequency of Information: Ongoing. prohibit a generator’s use of any affects only certain QFs, i.e., those that Necessity of Information: The particular technologies or fuels, nor do are fuel cell systems with integrated Commission directs the changes in this they mandate or limit where QFs should steam hydrocarbon reformation final rule in order to revise its or should not be built. They do not equipment; this rule is voluntary. That implementation of PURPA in light of exempt QFs from any Federal, state or is, this final rule expands the types of technological advancements in electric local environmental, siting, or other cogenerators that would be eligible to generation since the enactment of similar laws or regulatory requirements. qualify as QFs to include fuel cell PURPA in 1978. Given these facts any environmental systems with integrated steam Internal Review: The Commission has impact analysis of the revisions hydrocarbon reformation equipment, reviewed the proposed changes and has proposed here would be speculative and but this final rule does not require fuel determined that such changes are not meaningfully inform the cell systems with integrated steam necessary. These requirements conform Commission or the public of the hydrocarbon reformation equipment to to the Commission’s ongoing need for revisions’ impact on QF development file for QF certification. The efficient information collection, or, correspondingly, of any associated Commission does not anticipate that the communication, and management potential impacts on the environment; number of affected small entities would within the energy industry, in light of there are, in short, no reasonably be substantial, nor does the Commission technological advancements in electric foreseeable environmental impacts for expect that any additional reporting generation. the Commission to consider.66 burden or cost imposed on QFs, Interested persons may obtain Moreover, the revisions proposed here regardless of their status as a small or information on the reporting would apply only to a limited number large business, would be significant.72 requirements by contacting the Federal of QFs: Fuel cell systems with The Commission estimates that annual Energy Regulatory Commission, 888 integrated hydrocarbon reformation additional compliance costs on industry First Street NE, Washington, DC 20426 equipment. Therefore, the Commission (detailed above) will be approximately [Attention: Ellen Brown, Office of the will not prepare an environmental $406,700 to comply with these Executive Director], by email to document. requirements. [email protected], or by phone VIII. Regulatory Flexibility Act 43. Accordingly, pursuant to section (202) 502–8663. 605(b) of the RFA, the Commission Please send comments concerning the 40. The Regulatory Flexibility Act of certifies that this rule will not have a 67 collection of information and the 1980 (RFA) generally requires a significant economic impact on a associated burden estimates to: Office of description and analysis of final rules substantial number of small entities. Information and Regulatory Affairs, that will have significant economic Office of Management and Budget impact on a substantial number of small IX. Document Availability [Attention: Federal Energy Regulatory entities. In lieu of preparing a regulatory 44. In addition to publishing the full Commission Desk Officer]. Due to flexibility analysis, an agency may text of this document in the Federal security concerns, comments should be certify that a proposed rule will not Register, the Commission provides all sent directly to www.reginfo.gov/public/ have a significant economic impact on interested persons an opportunity to do/PRAMain. Comments submitted to a substantial number of small entities.68 view and/or print the contents of this OMB should be sent within 30 days of 41. The Small Business publication of this notice in the Federal Administration’s (SBA) Office of Size 70 SBA final rule on ‘‘Small Business Size Register and should refer to FERC–556 Standards develops the numerical Standards: Utilities,’’ 78 FR 77,343 (Dec. 23, 2013). definition of a small business.69 The 71 The North American Industry Classification (OMB Control No. 1902–0075). System (NAICS) is an industry classification system that Federal statistical agencies use to categorize VII. Environmental Analysis 65 Regulations Implementing the National businesses for the purpose of collecting, analyzing, Environmental Policy Act, Order No. 486, 52 FR and publishing statistical data related to the U.S. 38. The Commission is required to 47,897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783 prepare an Environmental Assessment economy. United States Census Bureau, North (1987)) (cross-referenced at 41 FERC ¶ 61,284). American Industry Classification System, https:// or an Environmental Impact Statement 66 While courts have held that NEPA requires www.census.gov/eos/www/naics/ (accessed October ‘‘reasonable forecasting,’’ an agency is not required 4, 2020). 64 The FERC Form No. 556 is not being revised, ‘‘to engage in speculative analysis’’ or ‘‘to do the 72 The average cost per response is estimated to but respondents with fuel cell systems with impractical, if not enough information is available vary from $124.50 for self-certifications to $4,150 integrated natural gas reformation equipment who to permit meaningful consideration.’’ N. Plains Res. for applications for FERC certification. The cost per are self-certifying or requesting Commission Council v. Surface Transp. Board, 668 F.3d 1067, respondent will vary based on the respondent’s certification as a cogenerator will use the FERC 1078 (9th Cir. 2011). number of facilities and related requests for self- Form No. 556. On page 8, item 6a of the FERC Form 67 5 U.S.C. 601–12. certification and applications for Commission No. 556, those respondents should indicate ‘‘Fossil 68 5 U.S.C. 605(b). certification (with an estimated cost ranging from fuel, natural gas (not waste).’’ 69 13 CFR 121.101. $2,490 to $74,700 per respondent).
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8140 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
document via the internet through the Authority: 16 U.S.C. 791a–825r, 2601– FOR FURTHER INFORMATION CONTACT: If Commission’s Home Page (http:// 2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352. you have questions on this rule, call or www.ferc.gov). At this time, the ■ 2. Amend § 292.202 by revising email Chief Petty Officer Jeromy Commission has suspended access to paragraphs (h)(2) and (3) and adding Sherrill, Sector Lake Michigan the Commission’s Public Reference paragraph (h)(4) to read as follows: Waterways Management Division, U.S. Room due to the President’s March 13, Coast Guard; telephone 414–747–7148, 2020 proclamation declaring a National § 292.202 Definitions. email [email protected]. Emergency concerning the Novel * * * * * SUPPLEMENTARY INFORMATION: Coronavirus Disease (COVID–19). (h) * * * : 45. From the Commission’s Home (2) That is used in a heating I. Table of Abbreviations Page on the internet, this information is application (e.g., space heating, CFR Code of Federal Regulations available on eLibrary. The full text of domestic hot water heating); DHS Department of Homeland Security this document is available on eLibrary (3) That is used in a space cooling FR Federal Register in PDF and Microsoft Word format for application (i.e., thermal energy used by NPRM Notice of proposed rulemaking viewing, printing, and/or downloading. an absorption chiller); or § Section To access this document in eLibrary, (4) That is used by a fuel cell system U.S.C. United States Code type the docket number excluding the with an integrated steam hydrocarbon II. Background Information and last three digits of this document in the reformation process for production of Regulatory History docket number field. fuel for electricity generation. The Coast Guard is issuing this 46. User assistance is available for * * * * * temporary rule without prior notice and eLibrary and the Commission’s website [FR Doc. 2021–01988 Filed 2–3–21; 8:45 am] opportunity to comment pursuant to during normal business hours from BILLING CODE 6717–01–P authority under section 4(a) of the FERC Online Support at 202–502–6652 Administrative Procedure Act (APA) (toll free at 1–866–208–3676) or email at (5 U.S.C. 553(b)). This provision [email protected], or the DEPARTMENT OF HOMELAND authorizes an agency to issue a rule Public Reference Room at (202) 502– SECURITY without prior notice and opportunity to 8371, TTY (202)502–8659. Email the comment when the agency for good Public Reference Room at Coast Guard cause finds that those procedures are [email protected]. ‘‘impracticable, unnecessary, or contrary X. Effective Date and Congressional 33 CFR Part 165 to the public interest.’’ Under 5 U.S.C. Notification [Docket Number USCG–2021–0035] 553(b)(B), the Coast Guard finds that good cause exists for not publishing a 47. These regulations are effective RIN 1625–AA00 notice of proposed rulemaking (NPRM) April 5, 2021. The Commission has with respect to this rule because the determined, with the concurrence of the Safety Zone; Power Plant Demolition; Coast Guard not made aware of the Administrator of the Office of Grand River, Grand Haven, MI intended demolition project until Information and Regulatory Affairs of AGENCY: Coast Guard, DHS. January 12, 2021, and immediate action OMB, that this rule is not a ‘‘major rule’’ is needed to mitigate potential safety ACTION: Temporary final rule. as defined in section 351 of the Small hazards associated with the demolition Business Regulatory Enforcement SUMMARY: The Coast Guard is process. Delaying the effective date of Fairness Act of 1996. This final rule is this rule to wait for a comment period being submitted to the Senate, House, establishing a temporary safety zone for all navigable waters within 1400 feet of to run would be impracticable and Government Accountability Office, and contrary to public interest by inhibiting Small Business Administration. a demolition site near the eastern bank of the Grand River in Grand Haven, MI. the Coast Guard’s ability to protect List of Subjects in 18 CFR Part 292 The safety zone is needed to protect against the known and anticipated hazards. Electric power plants, Electric personnel, vessels, and the marine Under 5 U.S.C. 553(d)(3), the Coast utilities, Reporting and recordkeeping environment from potential hazards Guard finds that good cause exists for requirements. created by the controlled implosion of the J.B. Sims power plant. Entry of making this rule effective less than 30 By the Commission. Commissioner vessels or persons into this zone is days after publication in the Federal Clements is not participating. Register. For the same reasons Issued: December 17, 2020. prohibited unless specifically authorized by the Captain of the Port discussed in the preceding paragraph, Kimberly D. Bose, Lake Michigan or a designated waiting for a 30-day notice period to Secretary. representative. elapse would be impracticable because In consideration of the foregoing, the immediate action is needed to mitigate DATES: This rule is effective from 9:30 Commission amends part 292, chapter I, potential safety hazards associated with a.m. on February 5 through 10:30 a.m. the controlled implosion of portion of title 18, Code of Federal Regulations, as on February 19, 2021. The rule will be follows: the power plant adjancent to the Grand enforced from 9:30 a.m. to 10:30 a.m. on River. PART 292—REGULATIONS UNDER both February 5 and February 19, 2021. III. Legal Authority and Need for Rule SECTIONS 201 AND 210 OF THE ADDRESSES: To view documents PUBLIC UTILITY REGULATORY mentioned in this preamble as being The Coast Guard is issuing this rule POLICIES ACT OF 1978 WITH REGARD available in the docket, go to https:// under authority in 46 U.S.C. 70034 TO SMALL POWER PRODUCTION AND www.regulations.gov, type USCG–2021– (previously 33 U.S.C. 1231). The COGENERATION 0035 in the ‘‘SEARCH’’ box, and click Captain of the Port (COTP) Lake ‘‘SEARCH.’’ Click on Open Docket Michigan has determined that potential ■ 1. The authority citation for part 292 Folder on the line associated with this safety hazards associated with the continues to read as follows: rule. demolition of the J.B. Sims power plant
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8141
will be a safety concern for anyone on and is not anticipated to exceed two 2- D. Federalism and Indian Tribal navigable waters within 1400 feet of the hour periods in duration. Thus, Governments demolition site. This work is scheduled restrictions on vessel movement within A rule has implications for federalism to take place on February 5 and that particular area are expected to be under Executive Order 13132, February 19, 2021, on the Grand River minimal. Under certain conditions, Federalism, if it has a substantial direct in Grand Haven, MI. This rule is needed moreover, vessels may still transit effect on the States, on the relationship to protect personnel, vessels, and the through the safety zone when permitted between the National Government and marine environment in the navigable by the COTP Lake Michigan. the States, or on the distribution of waters within the safety zone while the power and responsibilities among the structures are imploded. B. Impact on Small Entities various levels of government. We have IV. Discussion of the Rule The Regulatory Flexibility Act of analyzed this rule under that Order and 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent This rule establishes a safety zone requires Federal agencies to consider from 9:30 a.m. through 10:30 a.m. on with the fundamental federalism the potential impact of regulations on principles and preemption requirements February 5 and February 19, 2021. The small entities during rulemaking. The safety zone will cover all navigable described in Executive Order 13132. term ‘‘small entities’’ comprises small Also, this rule does not have tribal waters of the Grand River in Grand businesses, not-for-profit organizations Haven, MI, within 1400 feet of the blast implications under Executive Order that are independently owned and 13175, Consultation and Coordination area located on the eastern bank of the operated and are not dominant in their ° with Indian Tribal Governments, river at coordinates 43.0705000 N, fields, and governmental jurisdictions 086.2346667°. The date and time of the because it does not have a substantial with populations of less than 50,000. direct effect on one or more Indian enforcement period will be announced The Coast Guard certifies under 5 U.S.C. by the COTP Lake Michigan by tribes, on the relationship between the 605(b) that this rule will not have a Federal Government and Indian tribes, Broadcast Notice to Mariners. The significant economic impact on a duration of the zone is intended to or on the distribution of power and substantial number of small entities. responsibilities between the Federal protect personnel, vessels, and the While some owners or operators of marine environment in these navigable Government and Indian tribes. If you vessels intending to transit the safety believe this rule has implications for waters during the implosion of zone may be small entities, for the structures near the river. Entry into, federalism or Indian tribes, please reasons stated in section V.A above, this contact the person listed in the FOR transiting, or anchoring within the rule will not have a significant safety zone is prohibited unless FURTHER INFORMATION CONTACT section economic impact on any vessel owner above. authorized by the COTP or a designated or operator. representative. Under section 213(a) of the Small E. Unfunded Mandates Reform Act V. Regulatory Analyses Business Regulatory Enforcement The Unfunded Mandates Reform Act We developed this rule after Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires considering numerous statutes and we want to assist small entities in Federal agencies to assess the effects of Executive orders related to rulemaking. understanding this rule. If the rule their discretionary regulatory actions. In Below we summarize our analyses would affect your small business, particular, the Act addresses actions based on a number of these statutes and organization, or governmental that may result in the expenditure by a Executive orders, and we discuss First jurisdiction and you have questions state, local, or tribal government, in the Amendment rights of protestors. concerning its provisions or options for aggregate, or by the private sector of compliance, please call or email the $100,000,000 (adjusted for inflation) or A. Regulatory Planning and Review person listed in the FOR FURTHER more in any one year. Though this rule Executive Orders 12866 and 13563 INFORMATION CONTACT section. will not result in such an expenditure, direct agencies to assess the costs and Small businesses may send comments we do discuss the effects of this rule benefits of available regulatory on the actions of federal employees who elsewhere in this preamble. alternatives and, if regulation is enforce, or otherwise determine F. Environment necessary, to select regulatory compliance with, federal regulations to approaches that maximize net benefits. the Small Business and Agriculture We have analyzed this rule under Executive Order 13771 directs agencies Regulatory Enforcement Ombudsman Department of Homeland Security to control regulatory costs through a and the Regional Small Business Directive 023–01, Rev. 1, associated budgeting process. This rule has not Regulatory Fairness Boards. The implementing instructions, and been designated a ‘‘significant Ombudsman evaluates these actions Environmental Planning COMDTINST regulatory action,’’ under Executive annually and rates each agency’s 5090.1 (series), which guide the Coast Order 12866. Accordingly, this rule has responsiveness to small business. If you Guard in complying with the National not been reviewed by the Office of wish to comment on actions by Environmental Policy Act of 1969 (42 Management and Budget (OMB), and employees of the Coast Guard, call U.S.C. 4321–4370f), and have pursuant to OMB guidance, it is exempt 1–888–REG–FAIR (1–888–734–3247). determined that this action is one of a from the requirements of Executive The Coast Guard will not retaliate category of actions that do not Order 13771. against small entities that question or individually or cumulatively have a This regulatory action determination complain about this rule or any policy significant effect on the human is based on the characteristics of the or action of the Coast Guard. environment. This rule involves a safety safety zone. The safety zone created by zone lasting for a total of 2 hours that C. Collection of Information this rule will be relatively small and is will prohibit entry within 1400 feet of designed to minimize its impact on This rule will not call for a new a blast area near the eastern bank of the navigable waters. This rule will prohibit collection of information under the Grand River for the demolition of entry into certain navigable waters of Paperwork Reduction Act of 1995 (44 sections of a power plant. It is the Grand River in Grand Haven, MI, U.S.C. 3501–3520). categorically excluded from further
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8142 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
review under paragraph L60(a) of commissioned, warrant, or petty officer A new diagnostic code for plantar Appendix A, Table 1 of DHS Instruction who has been designated by the COTP fasciitis was assigned in the final rule Manual 023–01–001–01, Rev. 1. A to act on his or her behalf. under diagnostic code 5285; however, Record of Environmental Consideration (4) Persons and vessel operators this code was previously used to supporting this determination is desiring to enter or operate within the evaluate ‘‘vertebra, fracture of, available in the docket. For instructions safety zone must contact the COTP or an residuals’’ and later ‘‘vertebral fracture on locating the docket, see the on-scene representative to obtain or dislocation’’ in the General Rating ADDRESSES section of this preamble. permission to do so. The COTP or an Formula for Diseases and Injuries of the on-scene representative may be Spine in the Schedule for Rating for the G. Protest Activities contacted via VHF Channel 16. Vessel spine until September 26, 2003 when it The Coast Guard respects the First operators given permission to enter or was moved under diagnostic code 5235, Amendment rights of protesters. operate in the safety zone must comply ‘‘vertebral fracture or dislocation.’’ See Protesters are asked to call or email the with all directions given to them by the 68 FR 51454 and 67 FR 56509. Though person listed in the FOR FURTHER COTP or an on-scene representative. vertebral fracture or dislocation is now INFORMATION CONTACT section to Dated: February 1, 2021. evaluated using diagnostic code 5235, coordinate protest activities so that your D.P. Montoro, VA’s corporate database still uses message can be received without historical diagnostic code 5285 to jeopardizing the safety or security of Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. compensate veterans for residuals of people, places, or vessels. fractures of the vertebra who have not [FR Doc. 2021–02356 Filed 2–3–21; 8:45 am] List of Subjects in 33 CFR Part 165 yet been converted to the current BILLING CODE 9110–04–P diagnostic code 5235. In order to avoid Harbors, Marine safety, Navigation any issues with the use of the new (water), Reporting and recordkeeping diagnostic code for plantar fasciitis requirements, Security measures, DEPARTMENT OF VETERANS under 5285 and the historical diagnostic Waterways. AFFAIRS code 5285 previously used to evaluate For the reasons discussed in the 38 CFR Part 4 residuals of spinal fractures, VA assigns preamble, the Coast Guard amends 33 a new diagnostic code for plantar CFR part 165 as follows: RIN 2900–AP88 fasciitis under diagnostic code 5269. As such, we are also redesignating the PART 165—REGULATED NAVIGATION Schedule for Rating Disabilities: entire entry for plantar fasciitis from AREAS AND LIMITED ACCESS AREAS Musculoskeletal System and Muscle diagnostic codes 5285 to 5269, though Injuries; Correction ■ 1. The authority citation for part 165 we are maintaining its location in continues to read as follows: AGENCY: Department of Veterans Affairs. § 4.71a in the table entitled ‘‘The Foot’’ between diagnostic codes 5284 and ACTION: Final rule; correction. Authority: 46 U.S.C. 70034, 70051; 33 CFR 5296. 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation SUMMARY: The Department of Veterans Corrections No. 0170.1. Affairs (VA) is making correcting ■ 2. Add § 165.T09–0035 to read as amendments to the final rule published In FR Doc. 2020–25450 appearing on follows: on November 30, 2020. The final rule page 76453 in the Federal Register of amends the Department of Veterans Monday, November 30, 2020, the § 165.T09–0035 Safety Zone; Power Plant Affairs (VA) Schedule for Rating following corrections are made: Demolition; Grand River, Grand Haven, MI. Disabilities (‘‘VASRD’’ or ‘‘rating (a) Location. All navigable waters of schedule’’) by revising the portion of the § 4.71a [Corrected] the Grand River within 1400 feet of the rating schedule that addresses the ■ 1. On page 76460, in the third column, blast area on the eastern bank of the musculoskeletal system. in § 4.71a, the text of amendatory river at coordinates 43.0705000° N, DATES: Effective February 7, 2021. instruction 2.e. ‘‘Adding the diagnostic 086.2346667°. FOR FURTHER INFORMATION CONTACT: (b) Enforcement period. The regulated Gary code 5244 to the table entitled ‘‘The area described in paragraph (a) is Reynolds, M.D., Regulations Staff Spine’’ and the diagnostic code 5285 to effective from 9:30 a.m. through 10:30 (211C), Compensation Service, Veterans the table entitled ‘‘The Foot’’’’ is a.m. on February 5 and February 19, Benefits Administration, Department of corrected to read ‘‘Adding the 2021. Veterans Affairs, 810 Vermont Avenue diagnostic code 5244 in numerical order (c) Regulations. (1) In accordance with NW, Washington, DC 20420, (202) 461– to the table entitled ‘‘The Spine’’ and the general regulations in section 9700. (This is not a toll-free number.) the diagnostic code 5269 in numerical § 165.23, entry into, transiting, or SUPPLEMENTARY INFORMATION: VA is order to the table entitled ‘‘The Foot’’’’. correcting its final rule, ‘‘RIN 2900– anchoring within this safety zone is § 4.71a [Corrected] prohibited unless authorized by the AP88; Schedule for Rating Disabilities: Captain of the Port Lake Michigan Musculoskeletal System and Muscle ■ 2. On page 76464, in § 4.71a, the entry (COTP) or a designated representative. Injuries’’, that was published on for diagnostic code 5269 is added and (2) This safety zone is closed to all November 30, 2020, in the Federal the entry for diagnostic code 5285 is vessel traffic, except as may be Register at 85 FR 76453. The error is removed to read as follows: permitted by the COTP or a designated with the diagnostic code used to representative. evaluate plantar fasciitis in schedule for § 4.71a Schedule of ratings— (3) The ‘‘designated representative’’ of ratings of the foot under the Schedule of musculoskeletal system. the COTP is any Coast Guard Ratings for the Musculoskeletal System. * * * * *
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8143
THE FOOT
Rating
5269 Plantar fasciitis: No relief from both non-surgical and surgical treatment, bilateral ...... 30 No relief from both non-surgical and surgical treatment, unilateral ...... 20 Otherwise, unilateral or bilateral ...... 10 Note (1): With actual loss of use of the foot, rate 40 percent. Note (2): If a veteran has been recommended for surgical intervention, but is not a surgical candidate, evaluate under the 20 percent or 30 percent criteria, whichever is applicable.
*******
* * * * * 5023, 5120, 5160, 5170, 5201, 5202, Appendix A to Part 4 [Corrected] 5235, 5236, 5237, 5238, 5239, 5240, Appendix A to Part 4 [Corrected] 5241, 5242, 5244, 5262, 5271, and 5285’’ ■ 4. On page 76465, in appendix A to is corrected to read ‘‘In § 4.71a, add in part 4, the entry 5269 is added in ■ 3. On page 76464, in the second numerical order diagnostic codes 5009, numerical order and the entry 5285 is column, in appendix A to part 4, the 5010, 5011, 5013, 5014, 5015, 5018, removed to read as follows: text of amendatory instruction 4.c. ‘‘In 5020, 5022, 5023, 5120, 5160, 5170, § 4.71a, add in numerical order 5201, 5202, 5235, 5236, 5237, 5238, Appendix A to Part 4—Table of diagnostic codes 5009, 5010, 5011, 5239, 5240, 5241, 5242, 5244, 5262, Amendments and Effective Dates Since 5013, 5014, 5015, 5018, 5020, 5022, 5269, and 5271’’. 1946
Diagnostic Sec. code No.
******* 5269 Added February 7, 2021.
*******
Appendix B to Part 4 [Corrected] corrected to read ‘‘Add diagnostic codes add the entry 5269 in its place to read 5244, 5269, 5330, and 5331’’. as follows: ■ 5. On page 76466, in the second Appendix B to Part 4 [Corrected] column, the text of amendatory Appendix B to Part 4—Numerical Index instruction 5.b. ‘‘Add diagnostic codes ■ 6. On page 76467, in appendix B to of Disabilities 5244, 5285, 5330, and 5331’’ is part 4, remove the entry for 5285 and
Diagnostic code No.
*******
The Foot
******* 5269 ...... Plantar fasciitis.
*******
Appendix C to Part 4 [Corrected] Appendix C to Part 4—Alphabetical Index of Disabilities ■ 7. On page 76468, in appendix C to part 4, the entry for ‘‘Plantar fasciitis’’ is corrected to read as follows:
Diagnostic code No.
******* Plantar fasciitis ...... 5269
*******
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8144 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
Jeffrey M. Martin, Assistant Director, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. [FR Doc. 2021–01289 Filed 2–3–21; 8:45 am] BILLING CODE 8320–01–P
VerDate Sep<11>2014 15:54 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 E:\FR\FM\04FER1.SGM 04FER1 jbell on DSKJLSW7X2PROD with RULES 8145
Proposed Rules Federal Register Vol. 86, No. 22
Thursday, February 4, 2021
This section of the FEDERAL REGISTER ADDRESSES: You may submit comments A. Rescission of Part 390, Subpart W contains notices to the public of the proposed by any of the following methods: B. Rescission of the 1996 Statement of issuance of rules and regulations. The • FDIC Website: https:// Policy purpose of these notices is to give interested www.fdic.gov/regulations/laws/federal/. C. Proposal of Regulation on Securities persons an opportunity to participate in the Follow instructions for submitting Offering Disclosures rule making prior to the adoption of the final comments on the agency website. D. Technical Amendments rules. • Email: [email protected]. Include E. Request for Comments RIN 3064–AF33 on the subject line of IV. Expected Effects the message. V. Alternatives FEDERAL DEPOSIT INSURANCE • CORPORATION Mail: James P. Sheesley, Assistant VI. Regulatory Analysis and Procedure Executive Secretary, Attention: A. The Paperwork Reduction Act 12 CFR Parts 303, 333, 335, and 390 Comments/RIN 3064–AF33, Federal B. The Regulatory Flexibility Act Deposit Insurance Corporation, 550 17th C. Plain Language RIN 3064–AF33 Street NW, Washington, DC 20429. D. The Economic Growth and Regulatory • Hand Delivery to FDIC: Comments Paperwork Reduction Act Transferred OTS Regulations may be hand-delivered to the guard I. Objectives Regarding Securities Offerings of State station at the rear of the 550 17th Street Savings Associations, Statement of NW building (located on F Street) on The objectives of the proposed rule Policy on the Use of Offering Circulars, business days between 7 a.m. and 5 p.m. Proposed Rulemaking Regarding are twofold. The first is to simplify the Please include your name, affiliation, FDIC’s regulations by removing Securities Offerings by State address, email address, and telephone Nonmember Banks and State Savings unnecessary regulations, or realigning number(s) in your comment. All existing regulations in order to improve Associations, and Other Technical statements received, including Amendments the public’s understanding and to attachments and other supporting improve the ease of reference. The AGENCY: Federal Deposit Insurance materials, are part of the public record second is to promote parity between Corporation. and are subject to public disclosure. State nonmember banks and State You should only submit information ACTION: Notice of proposed rulemaking savings associations by referring both that you wish to make publicly and rescission of a statement of policy. classes of institution to the same available. securities offering regulation. Thus, as SUMMARY: In order to streamline Federal Please note: All comments received further detailed below in this Deposit Insurance Corporation (FDIC) will be posted generally without change Supplementary Information section, the regulations and guidance, the FDIC to https://www.fdic.gov/regulations/ FDIC proposes to rescind and remove proposes to rescind and remove from laws/federal/, including any personal from the CFR part 390, subpart W, the Code of Federal Regulations (CFR) information provided. applicable to State savings associations. rules entitled Securities Offerings that FOR FURTHER INFORMATION CONTACT: At the same time, the FDIC proposes to were transferred to the FDIC from the Maureen Loviglio, Senior Staff rescind its current Statement of Policy Office of Thrift Supervision (OTS) on Accountant, (202) 898–6777, mloviglio@ Regarding the Use of Offering Circulars July 21, 2011, in connection with the fdic.gov, Division of Risk Management in Connection with the Public implementation of Title III of the Dodd- Supervision; Suzanne Dawley, Counsel, Distribution of Bank Securities (1996 Frank Wall Street Reform and Consumer [email protected]; or Gregory Feder, Statement of Policy), and replace both Protection Act (Dodd-Frank Act). The Counsel, [email protected], Legal part 390, subpart W and the 1996 FDIC also is proposing to rescind its Division. Statement of Policy with a proposed Statement of Policy Regarding the Use SUPPLEMENTARY INFORMATION: regulation that will, among other things, of Offering Circulars in Connection with incorporate changes in the securities Table of Contents the Public Distribution of Bank laws and regulations that have occurred Securities, which provides a guide for a I. Objectives since the statement of policy was last State nonmember banks and other II. Background updated in 1996 and ensure the institutions in the preparation of A. FDIC’s General Approach Regarding principles therein are relevant to State offering circulars. At the same time, the Securities Offerings of Supervised savings associations. Additionally, the FDIC is proposing a new regulation Institutions B. The Dodd-Frank Act FDIC proposes to make technical regarding securities disclosures to be C. The Securities Act amendments to existing regulations in made by State nonmember banks and D. OTS Offering Circular Regulations at 12 order to update regulatory cross- State savings associations (FDIC- CFR Part 563g references. supervised institutions). In so doing, the E. Part 390, Subpart W FDIC would create a unified scheme for F. FDIC-Proposed Securities Disclosure II. Background securities disclosure requirements Regulations and Previously Adopted A. FDIC’s General Approach Regarding applicable to FDIC-supervised Statements of Policy III. The Proposal To Rescind and Remove the Securities Offerings of Supervised institutions. The proposal also would Institutions include technical amendments to Transferred OTS Securities Offerings Regulations, To Rescind the FDIC’s update related regulations. Statement of Policy, To Propose a New Among other things, banks and DATES: Comments must be received on Regulation, and To Make Other, savings associations may issue or before April 5, 2021. Technical Amendments securities as part of organization
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS 8146 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Proposed Rules
efforts; 1 as part of a capital raise,2 has been to refer FDIC-supervised nothing in the Dodd-Frank Act affected including pursuant to an enforcement institutions to Securities and Exchange the FDIC’s existing authority to issue action; 3 and to facilitate a conversion Commission (SEC) and other agency regulations under the Federal Deposit from a mutual to stock form of regulations regarding the content of Insurance Act (FDI Act) 14 and other ownership.4 As more fully described registration statements and prospectuses laws as the ‘‘appropriate Federal below, generally, banks and savings to assist them in complying with the banking agency’’ or under similar associations are exempt from the antifraud provisions of the Securities statutory terminology. Section 312(c)(1) securities disclosure requirements of the Act. For the reasons described below, of the Dodd-Frank Act revised the Securities Act of 1933 (Securities Act),5 the FDIC is proposing to rescind the definition of ‘‘appropriate Federal although in certain circumstances State 1996 Statement of Policy and issue a banking agency’’ contained in section securities laws do require compliance regulation governing the securities 3(q) of the FDI Act,15 to add State with all or portions of these offering disclosure requirements for savings associations to the list of entities requirements. The issuance of securities FDIC-supervised institutions. for which the FDIC is designated as the ‘‘appropriate Federal banking agency.’’ by banks and savings associations is, B. The Dodd-Frank Act however, subject to the antifraud As a result, when the FDIC acts as the The Dodd-Frank Act,8 signed into law provisions of the Federal securities designated ‘‘appropriate Federal on July 21, 2010, provided for a laws, which require full disclosure of banking agency’’ (or under similar substantial reorganization of the material facts necessary for an investor terminology) for State savings regulation of State and Federal savings to make a determination to invest in associations, as it does here, the FDIC is associations and their holding securities offered for sale.6 From a safety authorized to issue, modify, and rescind companies. Beginning July 21, 2011, the and soundness perspective, serious regulations involving such associations. transfer date established by section 311 As noted, on June 14, 2011, operating capital loss or litigation could result if of the Dodd-Frank Act,9 the powers, pursuant to this authority, the FDIC bank or savings association securities duties, and functions formerly Board reissued and re-designated are sold in violation of the antifraud performed by the OTS were divided certain transferring regulations of the provisions of the Federal securities among the FDIC, as to State savings former OTS. These transferred OTS laws. associations, the Office of the regulations were published as new FDIC A securities issuance may require a Comptroller of the Currency (OCC), as to regulations in the Federal Register on registration statement and prospectus. If Federal savings associations, and the August 5, 2011.16 When it republished a securities issuance is exempt from Board of Governors of the Federal the transferred OTS regulations as new registration or prospectus requirements, Reserve System (FRB), as to savings and FDIC regulations, the FDIC specifically the issuer may be required to provide an loan holding companies. Section 316(b) noted that its staff would evaluate the offering document that contains varying of the Dodd-Frank Act 10 provides the transferred OTS rules and might later informational and financial disclosures, manner of treatment for all orders, recommend incorporating the depending on the exemption provision. resolutions, determinations, regulations, transferred OTS regulations into other The offering document can be used to and advisory materials issued, made, FDIC rules, amending them, or comply with the antifraud provisions of prescribed, or allowed to become rescinding them, as appropriate.17 the Securities Act. As more fully effective by the OTS, providing that, if described below, the FDIC has not such materials were in effect on the day C. The Securities Act issued regulations regarding the content before the transfer date, they continue in The Securities Act generally exempts of registration statements and effect and are enforceable by or against securities issued by banks from its prospectuses, but rather, historically has the appropriate successor agency until provisions.18 Similarly, securities provided supervisory guidance for they are modified, terminated, set aside, issued by certain savings institutions FDIC-supervised institutions in the form or superseded in accordance with supervised and examined by State or of a policy statement to describe applicable law by such successor Federal regulators with examination and principles for preparing offering agency, by any court of competent supervision authority are also exempt circulars.7 Chief among these principles jurisdiction, or by operation of law. from most Securities Act Pursuant to section 316(c) of the requirements.19 However, bank- and 1 See 12 U.S.C. 1815; 12 CFR part 303, subpart B. Dodd-Frank Act,11 on June 14, 2011, the 2 See 12 U.S.C. 1831o; 12 CFR part 324. FDIC’s Board of Directors (FDIC Board) 14 12 U.S.C. 1811 et seq. 3 See 12 U.S.C. 1818. approved a ‘‘List of OTS Regulations to 15 12 U.S.C. 1813(q). 4 See 12 CFR 333.4; 12 CFR part 303, subpart I. be Enforced by the OCC and the FDIC 16 76 FR 47652 (Aug. 5, 2011). 5 Public Law 73–22, 48 Stat. 74, 15 U.S.C. 77a et Pursuant to the Dodd-Frank Wall Street 17 Id. seq. Holding companies for banks and thrifts are not Reform and Consumer Protection Act.’’ 18 See 15 U.S.C. 77c(a)(2) (‘‘Except as hereinafter exempt from the Securities Act. As of June 30, 2020, expressly provided, the provisions of [the Securities of the 3,264 insured institutions supervised by the This list was published by the FDIC and Act] shall not apply to any of the following classes FDIC, 2,637 have holding companies and 627 do the OCC as a Joint Notice in the Federal of securities: . . . (2) Any security issued or not. Register on July 6, 2011.12 guaranteed by . . . any bank; . . . or any interest 6 See 15 U.S.C. 77q(c), which makes it unlawful Although section 312(b)(2)(B)(i)(II) of or participation in any common trust fund or in connection with the offer of a security: ‘‘(a) To 13 similar fund that is excluded from the definition of employ any device, scheme, or artifice to defraud; the Dodd-Frank Act granted the OCC the term ‘‘investment company’’); (b) To make any untrue statement of a material fact rulemaking authority relating to both 19 See id. at 77c(a)(5)(A), (‘‘Except as hereinafter or to omit to state a material fact necessary in order State and Federal savings associations, expressly provided, the provisions of [the Securities to make the statements made, in the light of the Act] shall not apply to any of the following classes circumstances under which they were made, not https://www.fdic.gov/regulations/laws/rules/5000- of securities: (5) Any security issued (A) by a misleading; or (c) To engage in any act, practice, or 500.html#fdic5000statementop). savings and loan association, building and loan course of business which operates or would operate 8 Public Law 111–203, 124 Stat. 1376 (2010). association, cooperative bank, homestead as a fraud of deceit upon any person, in connection association, or similar institution, which is 9 12 U.S.C. 5411. with the purchase or sale of any security.’’ supervised and examined by State or Federal 10 7 See, e.g., FDIC Statement of Policy, ‘‘Use of 12 U.S.C. 5414(b). authority having supervision over any such Offering Circulars in Connection with Public 11 12 U.S.C. 5414(c). institution . . .’’); see Public Law 91–547, sec. Distribution of Bank Securities,’’ September 5, 12 76 FR 39246 (July 6, 2011). 27(c), 84 Stat. 1434 (1970) (requiring that the 1996, (61 FR 46087, Sept. 5, 1996) (available at 13 12 U.S.C. 5412(b)(2)(B)(i)(II). institution be supervised and examined by a State
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Proposed Rules 8147
savings association-issued securities are the [Federal Savings and Loan Insurance unsound practice was clarified.33 not exempt from the general antifraud Corporation (FSLIC)].’’ 26 Beyond these minimal changes, the OTS provisions of the Securities Act.20 In explaining the impetus for part transferred part 563g from the FHLBB The original exemption in section 563g, the FHLBB cited Louis D. without substantive discussions on 3(a)(5) of the Securities Act exempted Brandeis’ endorsement of full policy. disclosure: ‘‘sunlight is said to be the an institution ‘‘substantially all the E. Part 390, Subpart W business of which is confined to the best of disinfectants.’’ 27 In additional making of loans to members....’’21 explanations for promulgating part As discussed above in section II.B. of However, in 1970, the law was amended 563g, the FHLBB cited section 3(a)(2) of this Supplementary Information section, to require an exempted institution to be the Securities Act and stated that the the Dodd-Frank Act transferred the supervised and examined by a State or main reason for the exemption of functions, powers, and duties of the Federal supervisory authority.22 securities issued by savings and loans former OTS relating to State saving Lawmakers intended the oversight associations and similar institutions is associations to the FDIC, and named the provided by State and Federal banking that the principal Federal authority, FDIC as the ‘‘appropriate Federal regulators to serve as an alternative to rather than the SEC, should regulate banking agency’’ for State saving 34 oversight by the SEC. such activity.28 As such, the FHLBB associations. In 2011, the FDIC transferred all regulations of the former Legislative history of the Securities determined it was appropriate to OTS applicable to State savings Act supports this assertion.23 In promulgate securities disclosure associations from 12 CFR chapter V to explaining why the 1933 bill did not regulations to protect the public, as well 29 12 CFR chapter III.35 cover bank-issued securities, as the FSLIC fund. In 1989, the Financial Institutions Part 563g of the former OTS’s Representative Rayburn explained, Reform, Recovery and Enforcement Act regulations addressed securities ‘‘[b]ecause the United States (FIRREA) transferred authority to offerings.36 The FDIC transferred the Government, through its examiners and regulate savings associations from the rules in part 563g with only technical State officials, is supervising these FHLB System and the FSLIC to the revisions to part 390, subpart W.37 For banks, and it has been complained that OTS.30 FIRREA required the OTS to part 390, subpart W, the FDIC removed we are going into fields where we had adopt and publish the FHLBB references to Federal savings no business.’’ 24 regulations and transfer the regulations associations as well as the enforcement D. OTS Offering Circular Regulations at to the OTS as the thrift regulatory provisions of the Home Owners’ Loan 12 CFR Part 563g authority designated by FIRREA.31 The Act (HOLA).38 The FDIC’s reasons for OTS transferred and republished part rescinding part 390, subpart W at this In 1985, the Federal Home Loan Bank 563g in 1989 with minor changes.32 time are discussed in section III of this Board (FHLBB) adopted the original Obsolete exceptions from offering Supplementary Information section, predecessor rule to part 390, subpart W, below. the rules codified at 12 CFR part 563g, circular requirements were removed, the to ‘‘regulate an area of thrift activity definition of ‘‘savings association’’ was F. FDIC-Proposed Securities Disclosure currently left unregulated by an added, the definition of ‘‘insured Regulations and Previously Adopted exemption in the Securities Act for institution’’ was removed, and language Statements of Policy on what constitutes an unsafe and securities issued by regulated thrift Issuance of securities for FDIC- institutions.’’ 25 The FHLBB determined 26 Id. at 53284–85. At the time, the FHLBB was supervised institutions generally is that uniform disclosure requirements the operating head of the FSLIC. addressed by State securities laws and were necessary to address the risk ‘‘that 27 Id. at 53285 (also citing Professor Louis Loss, regulations, which until fairly recently securities offerings without uniform ‘‘people who are forced to undress in public will have required State-chartered disclosure requirements would have a presumably pay some attention to their figures.’’). institutions to follow SEC regulations. negative effect on the ability of 28 50 FR 38839, 38840 (Sept. 24, 1985). In May of 1974, the FDIC proposed a 29 Id. (‘‘The use of inadequate or misleading institutions to raise capital and a disclosure by individual insured institutions in regulation that would have required concomitant adverse effect on the safety connection with the offer and sale of securities State nonmember banks issuing and soundness of such institutions and could have a significant adverse effect on the securities to comply with disclosure and capabilities of other insured institutions to raise offering-circular requirements.39 The capital, could result in an irrational allocation of or Federal supervisory authority to qualify for the capital within the industry, and could lead to FDIC reissued the proposal in 1977 for exemption). illiquid and disorderly markets for the securities of comment with changes based on the 20 See footnote 6. insured institutions. Therefore, the [FHLBB] Board FDIC’s experience reviewing offering 21 See Public Law 91–547, sec. 27(c), 84 Stat. 1434 has the responsibility of regulating the securities circulars voluntarily submitted by State (1970) (amended to require that the institution be activities of insured institutions when it determines nonmember banks.40 The re-proposed supervised and examined by a State or Federal that such regulation is necessary or appropriate for supervisory authority to qualify for the exemption). the preservation of the safety and soundness of regulation would have established 22 Id. insured institutions. Further, the [FHLBB] Board ‘‘minimum standards for disclosure of 23 See e.g., Hearings before the Senate Comm. On has the responsibility of regulating the securities material facts in connection with the Banking and Currency on S. 875, 73d Cong., 1st activities of insured institutions when it determines offer and sale by or on behalf of an Sess. 99 at 76 (1933) (Mr. Thompson explaining that that such regulation is necessary or appropriate to banks should be exempted from securities ensure that they are able to perform their functions insured State nonmember bank of regulations because other regulators provide the as providers of housing finance. Finally, the securities issued by the bank where necessary oversight: ‘‘But when it comes to [FHLBB] Board has the responsibility of regulating such offer and sale meet the criteria supervision of anything that has to do with Federal the securities activities of all insured institutions with a class of securities registered under the Reserve banks . . . , or rather, that they investigate 33 Id. and control in the sense of the issuance of Exchange Act when it determines that such 34 76 FR 47652 (Aug. 5, 2011). securities, then so far as the surveillance of this bill regulation is necessary or appropriate in the public 35 is concerned we exempted them.’’). interest for the protection of investors and to ensure Id. at 47653. 36 24 77 Cong. Rec. 2941 (1933) (remarks of Rep. fair dealing in the securities of such insured Id. at 47654. Rayburn); cf. id. at 2942 (remarks of Rep. Cannon: institutions.’’). 37 Id. ‘‘[the banks] are not properly supervised . . . with 30 Pub. L. 101–73, 103 Stat. 183 (1989). 38 Id. at 47654. respect to the sale of their securities.’’). 31 Id.; 54 FR 49411 (Nov. 30, 1989). 39 See 39 FR 7434 (Feb. 26, 1974). 25 50 FR 53284 (Dec. 31, 1985). 32 54 FR at 49417. 40 See 42 FR 27955 (June 1, 1977).
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS 8148 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Proposed Rules
specified in the regulation.’’ 41 The FDIC In its stead, on the same day that the the 1996 Statement of Policy included noted that sufficient disclosure to proposed part 340 was withdrawn, the enhanced disclosures for mutual-to- enable a purchaser to make an informed FDIC published a statement of policy, stock conversions and sales of a bank’s investment decision is a requirement of the Statement of Policy Regarding the securities on bank premises.60 In the the antifraud provisions from which Use of Offering Circulars (1979 1996 update, the FDIC recognized that banks are not exempt.42 Furthermore, a Statement of Policy).54 The 1979 certain States are also involved in the State nonmember bank’s failure to Statement of Policy was ‘‘applicable to regulation of securities offered by comply with the securities antifraud the offering of securities by insured insured State nonmember banks. provisions could result in a violation of State nonmember banks and banks in the law and warrant an enforcement organization which intend to apply for III. The Proposal To Rescind and action by the FDIC.43 Federal deposit insurance.’’ 55 The 1979 Remove the Transferred OTS Securities In proposing the regulation, the FDIC Statement of Policy recognized the Offerings Regulations, To Rescind the referenced sections 5 and 6 of the FDI FDIC’s statutory duty to determine FDIC’s Statement of Policy, To Propose Act,44 which require the FDIC Board to capital adequacy and stated that its a New Regulation, and To Make Other, consider the adequacy of a bank’s purpose was ‘‘to protect insured State Technical Amendments 45 capital structure. The FDIC explained nonmember banks against possible After careful review of part 390, that the review of an application by a serious capital losses or insolvency that subpart W, the FDIC has determined State nonmember bank that has issued could result if bank securities are sold that the FDIC should rescind subpart W, securities or proposes to issue securities in violation of the antifraud provisions which is applicable only to State should include a review of the of the Federal securities laws.’’ 56 The savings associations, rescind the FDIC’s associated disclosures of material facts 1979 Statement of Policy provided a list 1996 Statement of Policy, propose a new to ensure such disclosures are of information that offering circulars regulation governing securities offering 46 sufficient. Additionally, the FDIC prepared by an insured State disclosures, and make other, technical noted that the OCC had already adopted nonmember bank should include but amendments to certain FDIC similar disclosure requirements at 12 noted that the FDIC would not impose regulations 61 to revise regulatory 47 CFR part 16. the burden of filing and awaiting references. The FDIC subsequently withdrew the regulatory approval.57 The FDIC also proposed disclosure regulations on July suggested that State nonmember banks A. Rescission of Part 390, Subpart W 6, 1979.48 In explaining its decision to requiring additional guidance look to The FDIC does not believe it is withdraw, the FDIC noted that proposal the OCC’s regulations at 12 CFR part necessary to treat State savings had been public without being acted 16.58 upon for a long time, and that many In 1996, the FDIC published a new associations differently than State State nonmember banks already were statement of policy, the Statement of nonmember banks with respect to public disclosure in connection with complying voluntarily.49 Additionally, Policy Regarding the Use of Offering securities issuances. Replacing part 390, the FDIC argued that the OCC’s Circulars in Connection with the Public subpart W with a new regulation that securities offering disclosure rules 50 Distribution of Bank Securities (1996 applies to all FDIC-supervised and the SEC’s Regulation A 51 provided Statement of Policy), to address the institutions will ensure that the same adequate direction that State changing laws and standards and needs regulations apply to both State savings nonmember banks could rely on in of the industry.59 Among other things, associations and State nonmember preparing offering materials with 54 banks with regard to registration adequate content and proper format.52 44 FR 39381 (July 6, 1979). 55 statements, prospectuses, and other In keeping with the ‘‘FDIC’s policy Id. 56 Id. at 39382. securities law matters, without creating favoring the shortening and 57 Id. The FDIC stated that it believed the excess burden on either type of insured simplification of its regulatory following information, as applicable, should be financial institution The new requirements wherever possible,’’ the included in the offering circular of a State requirements (discussed below in FDIC withdrew the proposed part 340 nonmember bank: (1) The name, address, principal place of business and telephone number of the section III.C. of this Supplementary securities disclosure regulation.53 issuing bank; (2) the amount and title of the Information section) are consistent with securities being offered; (3) the offering price and 41 Id. at 27955 (noting that securities issued by a proceeds to the bank on a per share and aggregate both the requirements of part 390, bank are exempt from the registration and basis; (4) the plan and cost of distribution; (5) the subpart W and with the principles set prospectus-delivery provisions of the Securities Act reason for the offering and the purposes for which forth in the 1996 Statement of Policy. A but ‘‘they are subject to the general antifraud the proceeds are to be used, and a brief description regulation, rather than a statement of provisions of Section 17(a) of that Act (15 U.S.C. of the material risks, if any, involved in the 77q(a)) and Rule 10b–5 of the Securities and purchase of the securities; (6) a description of the policy, is appropriate because the Exchange Commission (SEC) (17 CFR 240.10b–5) present and proposed business operations of the FDIC’s long-term experience has been promulgated under Section 10(b) of the Exchange bank and its capital structure; (7) the principal that FDIC-supervised institutions are Act (15 U.S.C. 78j (b)). See Lehigh. Valley Trust Co. officers, directors and principal security holders either required to follow SEC disclosure v. Central National Bank of Jacksonville, 409 F.2d and the amount of securities owned by each; (8) the 989 (5th Cir. 1969).’’). remuneration and interest in recent or proposed regulations by State law or voluntarily transactions of management and principal security 42 42 FR at 27995. follow them and other applicable holders and their associates; (9) the high and low 43 regulations as a means to comply with Id. at 27995 (citing 12 U.S.C. 1818(b)). sales prices of the securities within the past two 44 12 U.S.C. 1815, 1816. years and the source of the quotations; (10) a brief the Federal antifraud provisions. In the 45 Id. at 27956. description of any material pending legal interests of regulatory transparency, the 46 Id. proceedings; (11) a summary of any material terms proposed regulation will make clear the 47 Id. (citing 12 CFR part 16, which remains in and restrictions applicable to the securities; and FDIC’s expectations for disclosures to be force). (12) Financial Statements: a balance sheet as of the preceding fiscal year end; statements of income for made in connection with the issuance of 48 44 FR 39469 (July 6, 1979). the preceding two fiscal years and interim periods 49 securities by FDIC-supervised Id. where necessary; notes to financial statements; and 50 institutions. 12 CFR part 16. schedules of the allowance for possible loan losses. 51 17 CFR 230.251 through 230.263. Id. 52 44 FR 39469. 58 Id. 60 Id. at 46807–08. 53 Id. 59 See footnote 7. 61 12 CFR 303.163, 333.4, part 335.
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Proposed Rules 8149
Therefore, the FDIC proposes to preempted State registration authority FDIC-supervised institutions in rescind and remove part 390, subpart W, over additional offerings under the organization, FDIC-supervised and replace it with the proposed amended and expanded SEC institutions subject to an enforcement regulation, addressing securities offering ‘‘Regulation A+’’ rules.67 order that intend to issue securities, and disclosure requirements. Notwithstanding the preemption of FDIC-supervised institutions converting from a mutual to stock form of B. Rescission of the 1996 Statement of State law, it has been the FDIC’s ownership. The proposed regulation Policy experience that FDIC-supervised institutions follow SEC regulations would also apply to securities offerings Since the 1996 Statement of Policy voluntarily in order to comply with the made by the subsidiaries of State was adopted, the Securities Act was anti-fraud provisions. However, given savings associations in any of the three revised 62 and the SEC issued new the recent regulatory changes and prior scenarios. regulations,63 State laws applicable to preemption of State law, the FDIC is The proposed regulation would certain securities offerings of FDIC- proposing a regulation to address and incorporate defined terms from the supervised institutions were rescinded, clarify the requirements for securities Securities Act, would specifically and the FDIC received supervisory offering disclosures by State reference SEC and OCC requirements authority over State savings nonmember banks and State savings for, and exemptions from, preparing associations. Rescinding part 390, associations. Similar to the 1996 registration statements and subpart W and the 1996 Statement of Statement of Policy, the amended prospectuses, would set forth rules for Policy provides the FDIC with an regulation parallels the requirements of offers and sales of securities by issuers, opportunity to bring FDIC-supervised the applicable SEC and OCC underwriters, and dealers, and would institutions’ regulations into harmony regulations. The proposed regulation impose no new filing or other with current securities laws and would be located in subpart A of part requirements on FDIC-supervised regulations, to address the preemption 335 of the FDIC’s regulations.68 institutions. Thus, the proposed of State law, and to locate in one place The proposed regulation would refer regulation eschews a recitation of the the FDIC’s expectations regarding FDIC- to these updated laws and regulations required contents of offering documents supervised institutions. and also would acknowledge that under covering the securities issuances of C. Proposed Regulation on Securities Section 312(b)(2)(B)(i)(II) of the Dodd- FDIC-supervised institutions and Offering Disclosures Frank Act,69 granting the OCC instead requires that offering documents contain the information that would be In light of the Securities Act rulemaking authority relating to both State and Federal savings associations, a required by the appropriate SEC form exemptions discussed above in section when offering securities for sale, if filing II.C. of this Supplementary Information mutual State savings association that intends to use a securities offering in or registration were required under the section, the FDIC has relied on State Federal securities laws, and the laws and regulations for securities connection with a stock offering as part of its conversion to the stock form is by information that would be required disclosure matters. However, changes to under the appropriate registration the Federal securities laws have resulted law subject to the disclosure and other requirements of part 192 of the OCC exemption if one applies. The proposed in the rescission of much of the regulation thus seeks to treat the applicable State law. The National regulations, entitled Conversions from Mutual to Stock Form.70 The proposed securities offerings of FDIC-supervised Securities Markets Improvement Act of institutions more like those of other regulation would indicate that the 1996 (NSMIA) preempted state corporations falling under SEC principles described therein also would authority in two areas that impacted the jurisdiction and to eliminate a be relevant for subsidiaries of State FDIC: Offerings by companies traded on duplicative system of regulations and 64 savings associations that issue securities a national securities exchange, and forms. certain exempt offerings under SEC Rule and would add SEC Rule 144 71 and 72 The proposed regulation also would 506.65 Furthermore, the Jumpstart Our Rule 144A to the list of potentially provide requirements regarding sales Business Startups Act (JOBS Act),66 as relevant Federal regulations for FDIC- practices on the premises of the issuing implemented by SEC regulation, supervised institutions to reference. FDIC-supervised institution or online, Rules 144 and 144A provide guidance and would require legends to avoid 62 See, e.g., the Jumpstart Our Business Startups for persons who are not deemed to be consumer confusion regarding the Act (JOBS Act), Public Law 112–106, 126 Stat. 306 engaged in a distribution and therefore insured status of banking organization (Apr. 5, 2012), which amends certain provisions of are not underwriters, and for private the Securities Act to exempt certain securities securities. offerings from registration requirements. resales of securities to institutions. Consistent with existing authorities 63 See 80 FR 21806, 21856 (Apr. 20, 2015) The proposed regulation would apply and supervisory practices, and to assess (https://www.sec.gov/rules/final/2015/33-9741.pdf, to securities offerings to be made by compliance with Federal antifraud pp. 205–207) for a discussion on how SEC regulations relationship with State securities laws provisions, the FDIC will continue to 67 See Amendments to Regulation A, Release Nos. and preempt certain State registration requirements review offering documents issued by 33–9741, 34–74578, 39–2501, 80 FR 21806 (Apr. 20, with respect to companies offering securities under FDIC-supervised institutions in SEC Regulation A, Tier 2. 2015). 17 CFR 230.251 through 230.263. 68 connection with FDIC-supervised 64 15 U.S.C. 77r(b)(1)(B) (preempting state Part 335, entitled Securities of State registration authority over a security ‘‘listed, or Nonmember Banks and State Savings Associations, institutions in organization, FDIC- authorized for listing, on a national securities addresses securities recordkeeping and supervised institutions subject to an exchange’’). requirements. The proposed regulation would create subpart B to contain the existing regulations enforcement order that intend to issue 65 15 U.S.C. 77r(b)(3) (preempting state of part 335 and create subpart A to contain the new securities, and FDIC-supervised registration authority over the ‘‘offer or sale of the proposed regulation relating to securities offering security to qualified purchasers, as defined by the institutions converting from a mutual to disclosures. Commission by rule’’). Regulation D relates to stock form of ownership. Such offering 69 transactions exempted from the registration 12 U.S.C. 5412(b)(2)(B)(i)(II). circulars would be required to contain 70 requirements of section 5 of the Securities Act, 15 See 12 CFR 192.300–192.310. This includes the the forms and other content required by U.S.C. 77d, and is codified at 17 CFR 230.500 restrictions on the officers and directors’ sale of through 230.508. stock post-conversion. 12 CFR 192.505. the registration exemption upon which 66 Public Law 112–106, 126 Stat. 306 (April 5, 71 17 CFR 230.144. the FDIC-supervised institution relies. 2012). 72 17 CFR 230.144A. The proposed rule would permit an
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS 8150 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Proposed Rules
FDIC-supervised institution to proposal to remove and rescind the year-end over the past five years.74 commence its securities offering upon Statement of Policy Regarding the Use Based on this analysis, the FDIC receiving a written statement from the of Offering Circulars in Connection with estimates that 376 institutions would be FDIC that no additional information or the Public Distribution of Bank directly affected by the rescission of the changes to the offering documents are Securities (1996 Statement of Policy)? 1996 Statement of Policy and necessary. Such offerings would have to Question 4. Are the descriptions of establishment of the new regulation part be completed within the timeframe the form and content requirements in 335, subpart A. required by the appropriate SEC the proposed regulation adequately The proposed rule, if adopted, would regulation, or a timeline imposed by the descriptive? Would additional rescind part 390, subpart W. However, FDIC, including those related to the information or other references (e.g., to this aspect of the proposed rule is staleness of financial statements. other regulations) be helpful? If so, unlikely to substantively affect FDIC- The proposed regulation is set forth at what? supervised State savings associations. the end of this Supplementary Question 5. Are the procedures According to the most recent data, the Information section. regarding the confidential treatment of FDIC supervised 35 State savings associations.75 Sections 390.410 through D. Technical Regulatory Amendments registrations statement and prospectuses adequate? Would a more 390.430 include requirements that 1. Mutual-to-Stock Conversions specific description be helpful? prescribe definitions, public accountant Question 6. Is the proposed treatment qualifications, and set forth the form The FDIC also is proposing to make and content of financial statements technical amendments to §§ 303.163 of the securities offerings of State savings association subsidiaries pertaining to certain securities and their and 333.4 of its regulations, which related transaction documents. As address the conversion of an insured appropriate? If not, what changes should be made? previously discussed, the FDIC’s mutual state-chartered savings bank to experience has been that FDIC- the stock form of ownership. As IV. Expected Effects supervised institutions are either described above in section II.D. of this As previously discussed, the required to follow SEC disclosure Supplementary Information section, the regulations by State law or voluntarily former OTS issued regulations relating proposed rule would rescind Part 390, Subpart W which outlines public follow them and other applicable to mutual-to-stock conversions, part regulations as a means to comply with 563b, which was transferred to the OCC disclosure requirements in connection with securities issuances for State the Federal antifraud provisions. with respect to Federal and State Although the contents of part 390, savings associations, make technical savings associations as part of the Dodd- subpart W being rescinded are more amendments to §§ 303.163 and 333.4, Frank Act. Sections 303.163 and 333.4 detailed than the contents of the and establish a new regulation part 335, refer to the OTS when the reference proposed amended regulation, the new subpart B which outlines regulations should be to the OCC. Section 303.163 regulation part 335, subpart A is relating to securities offering disclosures also refers to part 563b when the consistent with both the requirements of for all FDIC-supervised institutions. reference should be to the OCC’s part 390, subpart W and the guidance in Concurrent with the adoption of these regulations at 12 CFR part 192. This the 1996 Statement of Policy. Therefore, changes the FDIC plans to rescind its proposal would make the necessary the FDIC believes that the proposed rule 1996 Statement of Policy. These actions technical amendments. is unlikely to substantively affect FDIC- would affect all FDIC-supervised supervised State savings associations. 2. Part 335 institutions, particularly those that The establishment of a new engage in issuing securities. According Part 335, entitled Securities of State regulation, part 335, subpart A by the to the most recent data, the FDIC Nonmember Banks and State Savings proposed rule would pose several broad supervises 3,270 insured depository Associations, addresses securities effects on FDIC-supervised institutions. institutions.73 recordkeeping and requirements and Therefore, the FDIC As previously discussed, the proposed there are no subparts enumerated. The estimates that the proposed rule, if part 335, subpart A is consistent with proposal would create subpart B to adopted, potentially would affect 3,270 both the requirements of part 390, contain the existing regulations of part institutions. However, the new subpart W and the guidance in the 1996 335 and create subpart A to contain the regulation part 335, subpart A would Statement of Policy. Therefore, the new proposed regulation relating to only directly affect FDIC-supervised primary effect of the proposed rule is to securities offering disclosures. institutions that issue offering codify in regulation what was documents. The FDIC does not currently E. Request for Comments previously guidance for FDIC- have access to information that would supervised institutions that are not State The FDIC invites comments on all facilitate an accurate estimate the savings associations. Since the proposed aspects of this proposed action, and number of institutions that will issue rule largely harmonizes the FDIC’s specifically invites comments on the offering documents. To estimate the regulations with updated laws and following: number of FDIC-supervised institutions regulations, the FDIC does not believe Question 1. What positive or negative that could be directly affected, staff that the marginal effect of adopting part impacts, if any, can you foresee in the utilized Call Report data to determine 335, subpart A will be significant for FDIC’s proposal to issue an amended the average number of cooperative FDIC-supervised institutions that are regulation with respect to securities banks, cooperative banks with stock not State savings associations. This offering disclosures? ownership, mutual commercial banks, aspect of the proposed rule has the Question 2. What negative impacts, if mutual savings and loan associations, benefit of simplifying and harmonizing any, can you foresee in the FDIC’s mutual savings banks, savings and loan FDIC regulations by establishing a proposal to rescind part 390, subpart W associations with stock ownership, consistent set of requirements that apply and remove it from the Code of Federal savings banks with stock ownership, Regulations? and de novo institutions, in existence at 74 Call Report data for the quarter ending Question 3. What negative impacts, if December 31 in 2015–2019. any, can you foresee in the FDIC’s 73 Call Report data, June 30, 2020. 75 Call Report data, June 30, 2020.
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Proposed Rules 8151
to all FDIC-supervised institutions. has evaluated the existing regulations collection unless it displays a currently Further, this aspect of the proposed rule relating to securities offerings of State valid Office of Management and Budget is likely to benefit FDIC-supervised savings associations. The FDIC (OMB) control number. institutions by treating the securities considered the status quo alternative of The rescission and removal from FDIC offerings of FDIC-supervised institutions retaining the current regulations and regulations of part 390, subpart W and more like those of other corporations 1996 Statement of Policy, but chose not the rescission of the 1996 Statement of and eliminating a duplicative system of to do so. If the FDIC did not rescind part Policy do not create new or modify regulations and forms. If the proposed 390, subpart W, then State savings existing information collection rule were adopted, the establishment of associations would be subject to an requirements. However, certain a new regulation part 335, subpart A outdated and obsolete set of regulations provisions of the proposed rule contain would pose some disclosure costs for while State nonmember banks would be ‘‘collection of information’’ entities directly affected by the referred to the 1996 Statement of Policy, requirements within the meaning of the proposed rule. However, because part which does not take into account PRA of 1995. In accordance with the 335, subpart A is consistent with the subsequent changes in securities laws requirements of the PRA, the FDIC may 1996 Statement of Policy, the and regulations. Therefore, the FDIC not conduct or sponsor, and the concurrent rescission of the 1996 believes maintaining the status quo respondent is not required to respond Statement of Policy means there is no would not be an acceptable option, and to, an information collection unless it is proposing to rescind part 390, subpart net change in disclosure for FDIC- displays a currently valid Office of W, to rescind the 1996 Statement of supervised institutions. Finally, this Management and Budget (OMB) control Policy, to adopt part 335, subpart A to aspect of the proposed rule could pose number. The OMB control number for incorporate securities offerings regulatory costs for FDIC-supervised Securities of State Nonmember Banks requirements for issuers, underwriters institutions associated with potentially and State Savings Associations is 3064– and dealers of securities of FDIC- reviewing and revising existing internal 0030 and will be extended, with supervised institutions, and to make processes and procedures for revision. compliance with applicable disclosure technical amendments to existing regulations. However, because the regulations. Current Action Another alternative available to the number of directly affected FDIC- Estimated Annual Number of FDIC was to apply the regulations in insured institutions is estimated to be Respondents and Responses relatively small, the FDIC believes at part 390, subpart W to all FDIC- any such regulatory costs are also likely supervised institutions, but the FDIC The set of potential respondents to be relatively small. chose not to do so. The FDIC believes include all. State nonmember banks and The technical amendments to 12 CFR it is important for there to be a State savings associations. According to 303.163 and 12 CFR 333.4 are expected consistent set of securities offering recent Call Report data, the FDIC to clarify those regulations but not pose disclosure regulations for all FDIC supervises approximately 3,270 insured any substantive effect for FDIC- supervised institutions that is reflective depository institutions,78 including supervised institutions. of updated laws and regulations, and 2,492 entities considered small for Finally, the FDIC believes that the the regulations in part 390, subpart W purposes of the Regulatory Flexibility proposed rule, if adopted will benefit do not meet this standard. As noted Act.79 However, the proposed rule FDIC-supervised institutions and the previously, based on supervisory would only directly apply to FDIC- public by clarifying regulations and experience, the FDIC has found that supervised institutions that issue improving the ease of reference. FDIC-supervised institutions are either offering documents.80 The FDIC does required to follow SEC disclosure not currently have access to information V. Alternatives regulations by State law or voluntarily that would enable it to precisely The FDIC has considered alternatives follow them and other applicable estimate the number of FDIC-supervised to the rule but believes that rescinding regulations as a means to comply with institutions that will issue offering part 390, subpart W, rescinding the 1996 the Federal antifraud provisions.76 documents. To estimate the number of Statement of Policy, adopting part 335, Question 7. The FDIC invites respondents to this information subpart A, and making technical comments on all aspects of the expected collection, the FDIC has utilized Call amendments to the FDIC’s regulations effects and alternatives analysis. In Report data to determine the average represent the most appropriate option particular, would the amended number of cooperative banks, for FDIC-supervised institutions. As regulation have any costs or benefits to cooperative banks with stock discussed previously, the Dodd-Frank covered entities that the FDIC has not ownership, mutual commercial banks, Act transferred certain powers, duties, identified? mutual savings and loan associations, and functions formerly performed by VI. Regulatory Analysis and Procedure mutual savings banks, savings and loan the OTS to the FDIC. The FDIC’s Board associations with stock ownership, reissued and re-designated certain A. The Paperwork Reduction Act savings banks with stock ownership, transferred regulations from the OTS, In accordance with the requirements and de novo institutions, in existence at but noted that it would evaluate them of the Paperwork Reduction Act of 1995 year-end over the past five years. The and might later incorporate them into (PRA),77 the FDIC may not conduct or FDIC estimates that 376 institutions will other FDIC regulations, amend them, or sponsor, and the respondent is not respond to the disclosure requirements rescind them, as appropriate. The FDIC required to respond to, an information in the proposed rule.
76 If in the future the FDIC determines that organization’s ‘‘assets are determined by averaging 121.103. Following these regulations, the FDIC uses enforceable regulations are required to ensure safe the assets reported on its four quarterly financial a covered entity’s affiliated and acquired assets, and sound practices at FDIC-supervised statements for the preceding year.’’ See 13 CFR averaged over the preceding four quarters, to institutions, then that option will be available. 121.201 (as amended by 84 FR 34261, effective determine whether the covered entity is ‘‘small’’ for 77 44 U.S.C. 3501–3521. August 19, 2019). In its determination, the ‘‘SBA the purposes of RFA. 78 FDIC Call Reports, June 30, 2020. counts the receipts, employees, or other measure of 80 The proposed rule would not apply to offering 79 The SBA defines a small banking organization size of the concern whose size is at issue and all documents issued by an FDIC-supervised as having $600 million or less in assets, where an of its domestic and foreign affiliates.’’ See 13 CFR institution’s holding company.
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS 8152 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Proposed Rules
Year-end period Charter and ownership type 5-yr avg 12/31/15 12/31/16 12/31/17 12/31/18 12/31/19
Cooperative Bank ...... 21 18 17 16 16 ...... Cooperative Bank—Stock ...... 10 10 9 8 5 ...... Mutual Commercial Bank ...... 12 11 ...... Mutual Savings & Loan ...... 37 37 34 22 22 ...... Mutual Savings Bank ...... 158 152 142 136 131 ...... Savings & Loan Association—Stock ...... 11 10 10 14 14 ...... Stock Savings Bank ...... 166 163 158 147 137 ...... De novo Banks ...... 1 0 5 8 14 ......
Total ...... 404 390 375 363 350 376.4 Source: FDIC
Estimated Time Per Response that occur. The FDIC estimates that, of Regulation D, 27,072 to Regulation A, the 376 potential filings, 23 percent are 1,900 to employee stock plan offerings, The FDIC estimates that respondents likely to be associated with Regulation and 4,700 to registered offerings. The will incur 114 labor hours on average, D, which may be estimated at 100 hours, total hours of 42,864 divided by 376 complying with the disclosure 65 percent are likely to be associated total offerings provides an average labor requirements of the proposed rule. The with Regulation A, which may be hourly amount per offering of 114. FDIC reviewed burden estimates for estimated at 120 hours, and 10 percent Regulation A 81 and registered offerings are likely to be associated with Annual Burden Summary from the SEC, requirements of the employee stock plans, which may be proposed rule, and also considered estimated at 100 hours, and finally, The estimated PRA compliance labor information that is provided to the FDIC registered offerings are likely to hours for the proposed rule are and ERISA and other regulatory comprise 5 percent rate of the total, summarized in the table below, which agencies in the ordinary course of which may be estimated at 250 hours. lists the estimated annual number of business. The FDIC also considered Thus, of the 376 estimated offerings, responses per respondent and estimated experience with other types of filings 9,400 hours are likely to be attributed to time per response, as described above.
TABLE 1—SUMMARY OF ANNUAL BURDEN AND INTERNAL COST (3064–0030)
Estimated Estimated Estimated Total estimated Information collection (IC) description Type of number of frequency of time per annual burden burden respondents responses response (hrs)
Part 335, Subpart A—Securities Disclosure ...... Disclosure 376 1 114 42,864
As the table below shows, the 42,864 hours once the proposed rule has The Estimated Total Annual Burden proposed rule would impose an been adopted. for Revised Information Collection: estimated average annual PRA burden of
Estimated Number of Type of number of Hours per Frequency of responses per Estimated burden responses response response year burden
Form 3—Initial Statement of Bene- Reporting ...... 58 1 On Occasion...... 1 58 ficial Ownership. Form 4—Statement of Changes in Reporting ...... 297 0.5 On Occasion...... 4 594 Beneficial Ownership. Form 5—Annual Statement of Ben- Reporting ...... 69 1 Annual...... 1 69 eficial Ownership. Form 8–A ...... Reporting ...... 2 3 On Occasion ...... 2 12 Form 8–C ...... Reporting ...... 2 2 On Occasion ...... 1 4 Form 8–K ...... Reporting ...... 21 2 On Occasion ...... 4 168 Form 10 ...... Reporting ...... 2 215 On Occasion ...... 1 430 Form 10–C ...... Reporting ...... 1 1 On Occasion ...... 1 1 Form10–K ...... Reporting ...... 21 140 Annual ...... 1 2,940 Form 10–Q ...... Reporting ...... 21 100 Quarterly ...... 3 6,300 Form 12b–25 ...... Reporting ...... 6 3 On Occasion ...... 1 18 Form 15 ...... Reporting ...... 2 1 On Occasion ...... 1 2 Form 25 ...... Reporting ...... 2 1 On Occasion ...... 1 2 Schedule 13D ...... Reporting ...... 2 3 On Occasion ...... 1 6 Schedule 13E–3 ...... Reporting ...... 2 3 On Occasion ...... 1 6 Schedule 13G ...... Reporting ...... 2 3 On Occasion ...... 1 6 Schedule 14A ...... Reporting ...... 21 40 Annual ...... 1 840 Schedule 14C ...... Reporting ...... 2 40 On Occasion ...... 1 80
81 OMB Control No. 3235–0286.
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Proposed Rules 8153
Estimated Number of Type of number of Hours per Frequency of responses per Estimated burden responses response response year burden
Schedule 14D–1 (Schedule TO) ..... Reporting ...... 2 5 On Occasion ...... 1 10 Part 335, Subpart A—Securities Disclosure ...... 376 114 On Occasion...... 1 42,864 Disclosure.
Totals ...... 535 ...... 54,410
Comments are invited on: (a) Whether million.83 Generally, the FDIC considers Therefore, the FDIC estimates that the the collection of information is a significant effect to be a quantified proposed rule, if adopted, potentially necessary for the proper performance of effect in excess of 5 percent of total would affect 2,492 small institutions. the FDIC’s functions, including whether annual salaries and benefits per However, the new regulation in part the information has practical utility; (b) institution, or 2.5 percent of total non- 335, subpart A would only directly The accuracy of the estimates of the interest expenses. The FDIC believes affect small FDIC-supervised burden of the information collection, that effects in excess of these thresholds institutions that issue offering including the validity of the typically represent significant effects for documents. The FDIC does not currently methodology and assumptions used; (c) FDIC-supervised institutions. For the have access to information that would Ways to enhance the quality, utility, and reasons provided below, the FDIC facilitate an accurate estimate the clarity of the information to be certifies that the proposed rule, if number of small institutions that will collected; (d) Ways to minimize the adopted in final form, would not have issue offering documents. To estimate burden of the information collection on a significant economic impact on a the number of small FDIC-supervised respondents, including through the use substantial number of small banking institutions that could be directly of automated collection techniques or organizations. Accordingly, a regulatory affected, staff utilized Call Report data other forms of information technology; flexibility analysis is not required. to determine the average number of and (e) Estimates of capital or start-up As previously discussed, the cooperative banks, cooperative banks costs and costs of operation, proposed rule would rescind part 390, with stock ownership, mutual maintenance, and purchase of services subpart W, which outlines public commercial banks, mutual savings and to provide information. disclosure requirements in connection loan associations, mutual savings banks, All comments will become a matter of with securities issuances for State savings and loan associations with stock public record. Comments on aspects of savings associations; establish a new ownership, savings banks with stock this document that may affect reporting regulation part 335, subpart A, which ownership, and de novo institutions, in or recordkeeping requirements and outlines regulations relating to existence at year-end over the past five burden estimates should be sent to the securities offering disclosures for all years.85 Based on this analysis, the FDIC addresses listed in the ADDRESSES FDIC-supervised institutions; and make estimates that 260 (10.4 percent) small section of this SUPPLEMENTARY technical amendments to §§ 303.163 FDIC-supervised institutions will be INFORMATION. A copy of the comments and 333.4. Concurrent with the directly affected by the rescission of the may also be submitted to the FDIC OMB adoption of these changes the FDIC 1996 Statement of Policy and desk officer: By mail to U.S. Office of plans to rescind its 1996 Statement of establishment of the new regulation part Management and Budget, 725 17th Policy. These actions would affect all 335, subpart A. Street NW, #10235, Washington, DC FDIC-supervised institutions, The proposed rule, if adopted, would 20503 or by facsimile to 202–395–5806, particularly those that engage in issuing rescind part 390, subpart W, however Attention, Federal Banking Agency Desk securities. According to the most recent this aspect of the proposed rule is Officer. data, the FDIC supervises 3,270 insured unlikely to substantively affect small depository institutions, of which 2,492 FDIC-supervised State savings B. The Regulatory Flexibility Act are considered small banking associations. According to the most 84 The Regulatory Flexibility Act (RFA), organizations for the purposes of RFA. recent data, the FDIC supervised 33 86 requires that, in connection with a small State savings associations. 83 notice of proposed rulemaking, an The SBA defines a small banking organization Sections 390.410 through 390.430 as having $600 million or less in assets, where an include requirements that prescribe agency prepare and make available for organization’s ‘‘assets are determined by averaging public comment an initial regulatory the assets reported on its four quarterly financial definitions, public accountant flexibility analysis that describes the statements for the preceding year.’’ See 13 CFR qualifications, and set forth the form 121.201 (as amended, by 84 FR 34261, effective and content of financial statements impact of the proposed rule on small August 19, 2019). ‘‘SBA counts the receipts, entities.82 However, a regulatory pertaining to certain securities and their employees, or other measure of size of the concern related transaction documents. As flexibility analysis is not required if the whose size is at issue and all of its domestic and agency certifies that the rule will not foreign affiliates.’’ See 13 CFR 121.103. Following previously discussed, the FDIC’s these regulations, the FDIC uses a covered entity’s experience has been that FDIC- have a significant economic impact on affiliated and acquired assets, averaged over the a substantial number of small entities, supervised institutions are either preceding four quarters, to determine whether the required to follow SEC disclosure and publishes its certification and a covered entity is ‘‘small’’ for the purposes of RFA. short explanatory statement in the 84 Call Report data, June 30, 2020. The SBA defines a small banking organization as having $600 domestic and foreign affiliates.’’ See 13 CFR Federal Register together with the rule. million or less in assets, where an organization’s 121.103. Following these regulations, the FDIC uses The Small Business Administration ‘‘assets are determined by averaging the assets a covered entity’s affiliated and acquired assets, (SBA) has defined ‘‘small entities’’ to reported on its four quarterly financial statements averaged over the preceding four quarters, to include banking organizations with total for the preceding year.’’ See 13 CFR 121.201 (as determine whether the covered entity is ‘‘small’’ for amended by 84 FR 34261, effective August 19, the purposes of RFA. assets of less than or equal to $600 2019). In its determination, the ‘‘SBA counts the 85 Call Report data for the quarter ending receipts, employees, or other measure of size of the December 31 in 2015–2019. 82 5 U.S.C. 601, et seq. concern whose size is at issue and all of its 86 Call Report data, June 30, 2020.
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS 8154 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Proposed Rules
regulations by State law or voluntarily insured institutions is estimated to be through the OTS rule integration follow them and other applicable relatively small, the FDIC believes at process. By removing outdated or regulations as a means to comply with any such regulatory costs are also likely unnecessary regulations, such as part the Federal antifraud provisions. to be relatively small. 390, subpart W, this proposal Although the contents of part 390, The technical amendments to complements other actions the FDIC has subpart W being rescinded are more §§ 303.163 and 333.4 are expected to taken, separately and with the other detailed than the contents of the clarify those regulations but not pose Federal banking agencies, to further the proposed regulation, the new regulation any substantive effect for small FDIC- EGRPRA mandate. at part 335, subpart A is consistent with supervised institutions. List of Subjects both the requirements of part 390, Finally, the FDIC believes that the subpart W and the 1996 Statement of proposed rule, if adopted, will benefit 12 CFR Part 303 Policy. Therefore, the FDIC believes that small FDIC-supervised institutions and Administrative practice and the proposed rule is unlikely to the public by clarifying regulations and procedure, Bank deposit insurance, substantively affect small FDIC- improving the ease of reference. Banks, banking, Reporting and supervised State savings associations. Based on the information above, the FDIC certifies that the proposed rule recordkeeping requirements, Savings The establishment of a new associations. regulation, part 335, subpart A by the would not have a significant economic proposed rule would pose several broad impact on a substantial number of small 12 CFR Part 333 entities. effects on small FDIC-supervised Banks, banking. institutions. As previously discussed, Question 8. The FDIC invites the proposed part 335, subpart A is comments on all aspects of the 12 CFR Part 335 consistent with both the requirements of supporting information provided in this RFA section. In particular, would this Accounting, Banks, banking, part 390, subpart W and the 1996 Confidential business information, Statement of Policy. Therefore, the rule have any significant effects on small entities that the FDIC has not Reporting and recordkeeping primary effect of the proposed rule is to requirements, Securities. codify in regulation what was identified? previously guidance for small FDIC- C. Plain Language 12 CFR Part 390 supervised institutions that are not State Section 722 of the Gramm-Leach- Administrative practice and savings associations. Since the proposed Bliley Act 87 requires each Federal procedure, Advertising, Aged, Civil rule largely harmonizes the FDIC’s banking agency to use plain language in rights, Conflict of interests, Credit, regulations with updated laws and all of its proposed and final rules Crime, Equal employment opportunity, regulations, the FDIC does not believe published after January 1, 2000. As a Fair housing, Government employees, that the marginal effect of adopting part Federal banking agency subject to the Individuals with disabilities, Reporting 335, subpart A will be significant for provisions of this section, the FDIC has and recordkeeping requirements, small FDIC-supervised institutions that sought to present the proposed rule to Savings associations. are not small State savings associations. rescind part 390, subpart W in a simple However, this aspect of the proposed Authority and Issuance and straightforward manner. rule is likely to benefit small FDIC- Question 8. The FDIC invites For the reasons set forth in the supervised institutions by establishing a comments on whether the proposal is preamble, the Federal Deposit Insurance consistent set of requirements that apply clearly stated and effectively organized, Corporation proposes to amend 12 CFR to all FDIC-supervised institutions. and how the FDIC might make the parts 303, 333, 335, and 390 as follows: Further, this aspect of the proposed rule proposal easier to understand. is likely to benefit small FDIC- PART 303—FILING PROCEDURES supervised institutions by treating the D. The Economic Growth and securities offerings of small FDIC- Regulatory Paperwork Reduction Act ■ 1. The authority citation for part 303 continues to read as follows: supervised institutions more like those Under section 2222 of the Economic of other corporations and eliminating a Growth and Regulatory Paperwork Authority: 12 U.S.C. 378, 478, 1463, 1467a, duplicative system of regulations and Reduction Act of 1996 (EGRPRA), the 1813, 1815, 1817, 1818, 1819 (Seventh and forms. If the proposed rule were FDIC is required to review all of its Tenth), 1820, 1823, 1828, 1831i, 1831e, 1831o, 1831p–1, 1831w, 1831z, 1835a, adopted, the establishment of a new regulations, at least once every 10 years, regulation part 335, subpart A would 1843(l), 3104, 3105, 3108, 3207, 5412; 15 in order to identify any outdated or U.S.C. 1601–1607. pose some disclosure costs for entities otherwise unnecessary regulations directly affected by the proposed rule. imposed on insured institutions.88 The ■ 2. Amend § 303.163 by revising However, because part 335, subpart A is FDIC, along with the other Federal paragraph (b) to read as follows: consistent with the 1996 Statement of banking agencies, submitted a Joint § 303.163 Processing. Policy, the concurrent rescission of 1996 Report to Congress on March 21, 2017, Statement of Policy means there is no (EGRPRA Report) discussing how the * * * * * net change in disclosure for small FDIC- review was conducted, what has been (b) Additional considerations. (1) In supervised institutions. Finally, this done to date to address regulatory reviewing the notice and other materials aspect of the proposed rule could pose burden, and further measures that will submitted under this subpart, the FDIC regulatory costs for small FDIC- be taken to address issues that were will take into account the extent to supervised institutions associated with identified. As noted in the EGRPRA which the proposed conversion potentially reviewing and revising Report, the FDIC is continuing to transaction conforms with the various existing internal processes and streamline and clarify its regulations provisions of the mutual-to-stock procedures for compliance with conversion regulations of the Office of applicable securities offering disclosure 87 Public Law 106–102, 113 Stat. 1338, 1471 Comptroller of the Currency (OCC) (12 regulations. However, because the (codified at 12 U.S.C. 4809). CFR part 192), as currently in effect at number of directly affected small, FDIC- 88 Public Law 104–208, 110 Stat. 3009 (1996). the time the notice is submitted. Any
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Proposed Rules 8155
non-conformity with those provisions 335.4 Exemptions from registration § 335.2 Definitions. will be closely reviewed. statement and prospectus requirements. Unless otherwise defined in this (2) Conformity with the OCC 335.5 Sales practices regarding securities subpart, definitions shall have the requirements will not be sufficient for issuances. meaning given to them in the Securities FDIC regulatory purposes if the FDIC 335.6 Securities legends. 335.7 Filing procedures and confidentiality. Act and the regulations of the SEC. determines that the proposed For the purposes of this subpart, the conversion transaction would pose a Subpart A—Securities Disclosure following definitions apply: risk to the bank’s safety or soundness, FDIC-supervised institution means violate any law or regulation, or present § 335.1 Purpose, scope, and applicability. any state nonmember bank or state a breach of fiduciary duty. (a) Purpose and scope. This subpart savings association. * * * * * sets forth rules for filing with the FDIC Issue means the same as in section registration statements, prospectuses, 2(a)(4) of the Securities Act (15 U.S.C. PART 333—EXTENSION OF and other offering documents related to 77b(a)(4)). CORPORATE POWERS offers and sales of FDIC-supervised Offering documents means the documents described in rules 252–254 ■ institution securities and the securities 3. The authority citation for part 333 of the SEC’s Regulation A (17 CFR continues to read as follows: of the subsidiaries of State savings associations by issuers, underwriters, 230.252). Authority: 12 U.S.C. 1816; 1817(i); 1818; and dealers. Prospectus means an offering 1819(a) (Seventh, Eighth, and Tenth), 1828, (b) Applicability. (1) This subpart is document that includes the information 1828(m), 1831p–1(c), 5414 and 5415. applicable to the offers or sales of required by section 10(a) of the ■ 4. Amend § 333.4 by revising securities of FDIC-supervised Securities Act (15 U.S.C. 77j(a)). paragraph (e) introductory text to read institutions in connection with: Registration statement means a filing as follows: (i) Organizational efforts pursuant to that includes the prospectus and other 12 U.S.C. 1815 and subject to the information required by section 7 of the § 333.4 Conversions from mutual to stock Securities Act (15 U.S.C. 77g). form. requirements of 12 CFR part 303, subpart B; Sale, sell, offer to sell, offer for sale, * * * * * and offer mean the same as in section (e) Stock benefit plan limitations. The (ii) A capital raise by an FDIC- supervised institution subject to an 2(a)(3) of the Securities Act (15 U.S.C. FDIC will presume that a stock option 77b(a)(3)). plan or management or employee stock enforcement action pursuant to 12 U.S.C. 1818 or a capital restoration plan SEC or the Commission means the benefit plan that does not conform with Securities and Exchange Commission. the applicable percentage limitations of pursuant to 12 U.S.C. 1831o and 12 CFR part 324; When used in the rules, regulations, or the regulations issued by the Office of forms of the SEC referred to in this part, the Comptroller of the Currency (iii) A mutual state-chartered bank conversion from mutual to stock form the terms SEC, Commission, or constitutes excessive insider benefits Commissioner shall be deemed to refer and thereby evidences a breach of the pursuant to 12 CFR 333.4 and part 303, subpart I; and to the FDIC. board of directors’ or trustees’ fiduciary Security means the same as in section (iv) A mutual state savings association responsibility. In addition, no converted 2(a)(1) of the Securities Act (15 U.S.C. conversion from mutual to stock form insured mutual state savings bank shall, 77b(a)(2)). pursuant to 12 CFR part 192. for one year from the date of the Securities Act means the Securities (2) This subpart applies also to a conversion, implement a stock option Act of 1933, as amended (15 U.S.C. 77a– security offering by a subsidiary of any plan or management or employee stock 77aa). benefit plan, other than a tax-qualified State savings association described in employee stock ownership plan, unless paragraphs (b)(1)(i) through (iv) of this § 335.3 Registration statement and each of the following requirements is section. prospectus requirements. met: (c) Cross references to securities (a) Registration statement filing. An regulations—(1) Securities offerings * * * * * FDIC-supervised institution shall file generally. This subpart generally cross with the appropriate FDIC regional PART 335—SECURITIES OF STATE references the regulations of the office a registration statement, including NONMEMBER BANKS AND STATE Securities and Exchange Commission as any prospectus, that conforms to the SAVINGS ASSOCIATIONS these regulations are issued, revised, or registration requirements of section 3 of updated from time to time under the the Securities Act (15 U.S.C. 77c), as if ■ 5. The authority citation for part 335 Securities Act of 1933, as amended (15 the FDIC-supervised institution was not is revised to read as follows: U.S.C. 77a et seq.), except as provided otherwise exempt from such registration Authority: 12 U.S.C. 1819. otherwise in this subpart. requirements. Subpart A also issued under 12 U.S.C. (2) State savings associations’ mutual- (b) Registration and prospectus 1816, 1818, 1828, 1831o, 1831p–1, 1462a, to-stock conversion securities offerings. requirements. Except as provided in 1463, 1464, 5412. The offers or sales of the securities of § 335.4, registration statements, Subpart B also issued under 15 U.S.C. 78j– state savings association in connection prospectuses, and offering documents 1, 78l(i), 78m, 78n, 78p, 78w, 5412, 5414, with a mutual-to stock conversion are filed by an FDIC-supervised institution 5415, 7241, 7242, 7243, 7244, 7261, 7262, subject to the rules set forth by the 7264, and 7265. must conform to the form and content Office of the Comptroller of the requirements of 17 CFR 230.400 through ■ 6. Add subpart A to read as follows: Currency at 12 CFR part 192 for the 230.498A (SEC Regulation C), except to Subpart A—Securities Disclosure purposes of this subpart. the extent those requirements conflict Sec. (d) Rule of construction. Any with the specific requirements of this 335.1 Purpose, scope, and applicability. references to the regulations issued by subpart. 335.2 Definitions. another agency include such regulations (c) Disclosure requirements. 335.3 Registration statement and prospectus as they may be amended or replaced Disclosures included in registration requirements. from time to time. statements, prospectuses, and offering
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS 8156 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Proposed Rules
documents filed by an FDIC-supervised is exempt from registration statement (b) A debt securities offering must institution must conform to 17 CFR part and prospectus requirements, must include the following legend in a 229 (SEC Regulation S–K). provide the FDIC with an offering prominent place in capital letters (d) Form and content of financial document that complies with the form printed in boldfaced type: statements. Financial statements and content requirements of the included in registration statements, exemption upon which the FDIC- THESE DEBT OBLIGATIONS ARE prospectuses, and offering documents supervised institution relies. SUBORDINATE TO THE CLAIMS OF filed by an FDIC-supervised institution DEPOSITORS AND OTHER must conform to 17 CFR part 210 § 335.5 Sales practices regarding CREDITORS AS MORE FULLY securities issuances. (Regulation S–X). DESCRIBED IN THE REGISTRATION (a) Sales on the premises of an FDIC- STATEMENT AND PROSPECTUS. § 335.4 Exemptions from registration supervised institution. An FDIC- statement and prospectus requirements. § 335.7 Filing procedures and supervised institution must comply confidentiality. (a) Exemptions. The securities with the following restrictions when offering of an FDIC-supervised selling securities on the institution’s (a) Filings. (1) An FDIC-supervised institution is exempt from the premises: institution must file an offering registration statement and prospectus (1) All sales must be conducted in a document prior to the commencement requirements of 17 CFR 230.400 through segregated area of the FDIC-supervised of offering securities for offer or sale as 230.498A (SEC Regulation C) if the institution’s offices, whenever possible; follows: securities offering meets the (2) Offers and sales must be (i) For offerings described in requirements of one of the following: conducted by authorized personnel, § 335.1(b)(1)(i), together with the (1) 17 CFR 230.251 through 230.263 excluding tellers, in places where application for deposit insurance; (SEC Regulation A); deposits are not ordinarily received; (ii) For offerings described in (2) 17 CFR 230.500 through 230.508 (3) The FDIC-supervised institution § 335.1(b)(1)(ii), together with the (SEC Regulation D); must obtain a signed and dated capital restoration plan or otherwise as (3) 17 CFR 230.701 (SEC Rule 701); certification from the purchaser required by an Order of the FDIC; (4) 17 CFR 230.144 (Rule 144) and 17 confirming that the purchaser has read (iii) For offerings described in CFR 230.144A (Rule 144A); and understands the disclosures set out § 335.1(b)(1)(iii), together with the (5) Offers and sales of securities in in the offering document and the notice and materials required by 12 CFR connection with a mutual-to-stock subscription order form; 303.161; and conversion pursuant to 12 CFR part 192; (4) The certification must contain a (iv) For offerings described in or separate place where a purchaser can § 335.1(b)(1)(iv), together with the forms (6) Offers and sales in connection indicate, by initialing or by comparable required by 12 CFR 192.5. with the dissolution of the FDIC- method, that the purchaser (2) Unless otherwise indicated in this supervised institution’s holding acknowledges that the securities being subpart, filings should be submitted to company, provided all of the following sold are not covered by FDIC deposit the appropriate regional office. requirements are met: insurance; and Instructions for submitting filings may (i) The offer and sale of securities (b) Online sales. If an FDIC- be obtained from the appropriate FDIC occurs solely as part of a dissolution in supervised institution offers securities regional director. The FDIC may require which the security holders exchange online, the FDIC-supervised institution the applicant to submit additional shares of securities in the FDIC- must include in the FDIC-supervised information. supervised institution’s holding institution’s subscription order form the (3) The FDIC may request that an company (that had no significant assets legends set forth in § 335.6. FDIC-supervised institution provide other than securities of the FDIC additional information in, or otherwise supervised institution) for the FDIC- § 335.6 Securities legends. revise, a registration statement, supervised institution’s securities; (a) A securities offering must include prospectus, or other offering document, (ii) The FDIC-supervised institution’s the following legends in a prominent consistent with the requirements of the holding company’s security holders place in capital letters printed in filings described in § 335.1(b). An FDIC- receive, after the dissolution, boldfaced type: supervised institution may offer or sell substantially the same proportional securities in a transaction subject to this THESE SECURITIES ARE NOT subpart when it receives a written share interests in the FDIC-supervised DEPOSITS. THESE SECURITIES ARE institution securities as they held in the statement from the FDIC to the effect NOT INSURED BY THE FEDERAL that no additional information or holding company; DEPOSIT INSURANCE (iii) The rights and interests of the changes are required. CORPORATION OR ANY OTHER (b) Confidentiality. FDIC-supervised FDIC-supervised institution’s holding AGENCY, AND ARE SUBJECT TO company’s security holders in the FDIC- institutions should contact the INVESTMENT RISK, INCLUDING THE appropriate FDIC regional office supervised institution are substantially POSSIBLE LOSS OF PRINCIPAL. the same as those they had in the regarding materials such institutions holding company prior to the THESE SECURITIES HAVE NOT BEEN wish to remain confidential. transaction; and APPROVED BY THE FEDERAL § § 335.101 through 335.801 [Designated (iv) The FDIC-supervised institution DEPOSIT INSURANCE as Subpart B] has substantially the same assets and CORPORATION NOR HAS THE ■ 7. Designate §§ 335.101 through liabilities as the FDIC-supervised FEDERAL DEPOSIT INSURANCE 335.801 as subpart B and add a heading institution’s holding company had on a CORPORATION PASSED ON THE for newly designated subpart B to read consolidated basis prior to the ADEQUACY OR ACCURACY OF THE as follows: transaction. REGISTRATION STATEMENT AND (b) Offering documents. An FDIC- PROSPECTUS. ANY Subpart B—Securities of State Nonmember supervised institution subject to this REPRESENTATION TO THE Banks and State Savings Associations subpart, the securities offering of which CONTRARY IS UNLAWFUL. Sec.
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Proposed Rules 8157
335.101 Scope of part, authority and OMB By order of the Board of Directors. § Section control number. Dated at Washington, DC, on or about U.S.C. United States Code 335.111 Forms and schedules. January 19, 2021. II. Background, Purpose, and Legal 335.121 Listing standards related to audit James P. Sheesley, committees. Basis 335.201 Securities exempted from Assistant Executive Secretary. registration. [FR Doc. 2021–02028 Filed 2–3–21; 8:45 am] On November 20, 2020, Schultz 335.211 Registration and reporting. BILLING CODE 6714–01–P Airshows notified the Coast Guard that 335.221 Forms for registration of securities the Buccaneer Commission will host the and cross reference to Regulation FD Wings Over South Texas Airshow daily, (Fair Disclosure). 11:30 a.m. to 4:30 p.m. from April 29, 335.231 Certification, suspension of DEPARTMENT OF HOMELAND trading, and removal from listing by SECURITY 2021 through May 2, 2021. The exchanges. Airshow’s aerobatic box will take place 335.241 Unlisted trading. Coast Guard over Corpus Christi Bay within a 335.251 Forms for notification of action rectangular zone defined by the taken by national securities exchanges. 33 CFR Part 165 following coordinates; 27°49′2.78″ N, 335.261 Exemptions, terminations, and ° ′ ″ ° ′ ″ [Docket Number USCG–2021–0033] 097 23 16.1 W; 27 47 3.69 N, definitions. 097°23′14.62″ W; 27°49′2.73″ N, 335.301 Reports of issuers of securities RIN 1625–AA00 097°22′42.97″ W; 27°47′5.46″ N, registered pursuant to section 12. 097°22′41.02″ W; and back to 335.311 Forms for annual, quarterly, Safety Zone; Corpus Christi Ship ° ′ ″ ° ′ ″ current, and other reports of issuers. Channel, Corpus Christi, TX 27 49 2.78 N, 097 23 16.1 W. The 335.321 Maintenance of records and Captain of the Port Sector Corpus issuer’s representations in connection AGENCY: Coast Guard, DHS. Christi (COTP) has determined that with required reports. ACTION: Notice of proposed rulemaking. potential hazards associated with the 335.331 Acquisition statements, acquisition Airshow would be a safety concern for of securities by issuers, and other SUMMARY: The Coast Guard is proposing anyone within the defined area. matters. to establish a temporary safety zone for 335.401 Solicitations of proxies. The purpose of this rulemaking is to all navigable waters of Corpus Christi 335.501 Tender offers. ensure the safety of vessels and the Bay and the Corpus Christi Ship 335.601 Requirements of section 16 of the navigable waters within the aerobatic Channel. This action is necessary to Securities Exchange Act of 1934. box before, during, and after the provide for the safety of life on these 335.611 Initial statement of beneficial scheduled event. The Coast Guard is ownership of securities (Form 3). navigable waters near the Corpus Christi proposing this rulemaking under 335.612 Statement of changes in beneficial Bayfront, during an airshow taking authority in 46 U.S.C. 70034 (previously ownership of securities (Form 4). place from April 29, 2021 through May 335.613 Annual statement of beneficial 2, 2021. This proposed rulemaking 33 U.S.C. 1231). ownership of securities (Form 5). would prohibit persons and vessels 335.701 Filing requirements, public III. Discussion of Proposed Rule from being in the safety zone unless reference, and confidentiality. The COTP is proposing to establish a 335.801 Inapplicable SEC regulations; FDIC authorized by the Captain of the Port substituted regulations; additional Sector Corpus Christi or a designated safety zone daily from 11:30 a.m. to 4:30 information. representative. We invite your p.m. from April 29, 2021 through May comments on this proposed rulemaking. 2, 2021. The safety zone would cover all Subpart B [Amended] DATES: Comments and related material navigable waters within a rectangular zone defined by the following ■ 8. Amend newly designated subpart B must be received by the Coast Guard on coordinates; 27°49′2.78″ N, 097°23′16.1″ by: or before April 5, 2021. W; 27°47′3.69″ N, 097°23′14.62″ W; ■ a. Removing ‘‘Part 335’’ and adding ADDRESSES: You may submit comments 27°49′2.73″ N, 097°22′42.97″ W; ‘‘This subpart’’ in its place wherever it identified by docket number USCG– ° ′ ″ ° ′ ″ appears; 27 47 5.46 N, 097 22 41.02 W; and 2021–0033 using the Federal ° ′ ″ ° ′ ″ ■ b. Removing ‘‘This part’’ and adding eRulemaking Portal at https:// back to 27 49 2.78 N, 097 23 16.1 W. ‘‘This subpart’’ in its place wherever it www.regulations.gov. See the ‘‘Public The duration of the zone is intended to appears; and Participation and Request for ensure the safety of vessels and these ■ c. Removing ‘‘this part’’ and adding Comments’’ portion of the navigable waters before, during, and ‘‘this subpart’’ in its place wherever it SUPPLEMENTARY INFORMATION section for after the scheduled 11:30 a.m. to 4:30 appears. further instructions on submitting p.m. airshow. No vessel or person comments. would be permitted to enter the safety PART 390—REGULATIONS zone without obtaining permission from TRANSFERRED FROM THE OFFICE OF FOR FURTHER INFORMATION CONTACT: If the COTP or a designated THRIFT SUPERVISION you have questions about this proposed representative. The regulatory text we rulemaking, call or email LCDR are proposing appears at the end of this ■ 9. The authority citation for part 390 Margaret Brown, Waterways document. continues to read as follows: Management Division, Sector Corpus Authority: 12 U.S.C. 1819. Christi, U.S. Coast Guard, email IV. Regulatory Analyses * * * * * [email protected]; telephone 361–244–4784. We developed this proposed rule after Subpart W—[Removed and Reserved] SUPPLEMENTARY INFORMATION: considering numerous statutes and Executive orders related to rulemaking. ■ 10. Remove and reserve subpart W, I. Table of Abbreviations Below we summarize our analyses consisting of §§ 390.410 through CFR Code of Federal Regulations based on a number of these statutes and 390.430. DHS Department of Homeland Security Executive orders, and we discuss First Federal Deposit Insurance Corporation. NPRM Notice of proposed rulemaking Amendment rights of protestors.
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS 8158 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Proposed Rules
A. Regulatory Planning and Review D. Federalism and Indian Tribal excluded from further review under This regulatory action determination Governments paragraph L60 of Appendix A, Table 1 is based on the size, location, duration, A rule has implications for federalism of DHS Instruction Manual 023–01– and time-of-day of the safety zone. under Executive Order 13132 001–01, Rev. 1. A preliminary Vessel traffic, including that which (Federalism), if it has a substantial Memorandum for Record supporting transits the portion of the Corpus Christi direct effect on the States, on the this determination is available in the Ship Channel that is within the zone, relationship between the National docket. For instructions on locating the would be permitted to move before and Government and the States, or on the docket, see the ADDRESSES section of after the effective time of the zone. distribution of power and this preamble. We seek any comments Moreover, the Coast Guard would issue responsibilities among the various or information that may lead to the a Broadcast Notive to Mariners via FHF– levels of government. We have analyzed discovery of a significant environmental FM marine channel 16 about the zone, this proposed rule under that Order and impact from this proposed rule. and the rule would allow vessels to seek have determined that it is consistent G. Protest Activities permission to enter the zone. with the fundamental federalism The Coast Guard respects the First B. Impact on Small Entities principles and preemption requirements described in Executive Order 13132. Amendment rights of protesters. The Regulatory Flexibility Act of Also, this proposed rule does not have Protesters are asked to call or email the 1980, 5 U.S.C. 601–612, as amended, tribal implications under Executive person listed in the FOR FURTHER requires Federal agencies to consider Order 13175 (Consultation and INFORMATION CONTACT section to the potential impact of regulations on Coordination with Indian Tribal coordinate protest activities so that your small entities during rulemaking. The Governments) because it would not message can be received without term ‘‘small entities’’ comprises small have a substantial direct effect on one or jeopardizing the safety or security of businesses, not-for-profit organizations more Indian tribes, on the relationship people, places, or vessels. that are independently owned and between the Federal Government and operated and are not dominant in their V. Public Participation and Request for Indian tribes, or on the distribution of fields, and governmental jurisdictions Comments power and responsibilities between the with populations of less than 50,000. Federal Government and Indian tribes. We view public participation as The Coast Guard certifies under 5 U.S.C. If you believe this proposed rule has essential to effective rulemaking, and 605(b) that this proposed rule would not implications for federalism or Indian will consider all comments and material have a significant economic impact on tribes, please call or email the person received during the comment period. a substantial number of small entities. While some owners or operators of listed in the FOR FURTHER INFORMATION Your comment can help shape the vessels intending to transit the safety CONTACT section. outcome of this rulemaking. If you submit a comment, please include the zone may be small entities, for the E. Unfunded Mandates Reform Act reasons stated in section IV.A above, docket number for this rulemaking, this proposed rule would not have a The Unfunded Mandates Reform Act indicate the specific section of this significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires document to which each comment vessel owner or operator. Federal agencies to assess the effects of applies, and provide a reason for each If you think that your business, their discretionary regulatory actions. In suggestion or recommendation. organization, or governmental particular, the Act addresses actions We encourage you to submit jurisdiction qualifies as a small entity that may result in the expenditure by a comments through the Federal and that this rule would have a State, local, or tribal government, in the eRulemaking Portal at https:// significant economic impact on it, aggregate, or by the private sector of www.regulations.gov. If your material please submit a comment (see $100,000,000 (adjusted for inflation) or cannot be submitted using https:// ADDRESSES) explaining why you think it more in any one year. Though this www.regulations.gov, call or email the qualifies and how and to what degree proposed rule would not result in such person in the FOR FURTHER INFORMATION this rule would economically affect it. an expenditure, we do discuss the CONTACT section of this document for Under section 213(a) of the Small effects of this rule elsewhere in this alternate instructions. preamble. Business Regulatory Enforcement We accept anonymous comments. All Fairness Act of 1996 (Pub. L. 104–121), F. Environment comments received will be posted we want to assist small entities in without change to https:// understanding this proposed rule. If the We have analyzed this proposed rule www.regulations.gov and will include rule would affect your small business, under Department of Homeland any personal information you have organization, or governmental Security Directive 023–01, Rev. 1, provided. For more about privacy and jurisdiction and you have questions associated implementing instructions, submissions in response to this concerning its provisions or options for and Environmental Planning document, see DHS’s eRulemaking compliance, please call or email the COMDTINST 5090.1 (series), which System of Records notice (85 FR 14226, person listed in the FOR FURTHER guide the Coast Guard in complying March 11, 2020). INFORMATION CONTACT section. The Coast with the National Environmental Policy Guard will not retaliate against small Act of 1969 (42 U.S.C. 4321–4370f), and Documents mentioned in this NPRM entities that question or complain about have made a preliminary determination as being available in the docket, and all this proposed rule or any policy or that this action is one of a category of public comments, will be in our online action of the Coast Guard. actions that do not individually or docket at https://www.regulations.gov cumulatively have a significant effect on and can be viewed by following that C. Collection of Information the human environment. This proposed website’s instructions. Additionally, if This proposed rule would not call for rule involves safety zone lasting 5 hours you go to the online docket and sign up a new collection of information under daily for 4 days that would prohibit for email alerts, you will be notified the Paperwork Reduction Act of 1995 entry within the defined aerobatic box. when comments are posted or a final (44 U.S.C. 3501–3520). Normally such actions are categorically rule is published.
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Proposed Rules 8159
List of Subjects in 33 CFR Part 165 § 165.T08–0033 Safety Zone; Corpus on Channel 16 VHF–FM (156.8 MHz) or Christi Bay, Corpus Christi, TX. by telephone at 361–939–0450. Harbors, Marine safety, Navigation (a) Location. The following area is a (water), Reporting and recordkeeping (2) If permission is granted, all temporary safety zone: all navigable persons and vessels shall comply with requirements, Security measures, waters of the Corpus Christi Bay within the instructions of the COTP or Waterways. the following defined coordinates: ° ′ ″ ° ′ ″ designated representative. For the reasons discussed in the 27 49 2.78 N, 097 23 16.1 W; ° ′ ″ ° ′ ″ (d) Information broadcasts. The COTP preamble, the Coast Guard is proposing 27 47 3.69 N, 097 23 14.62 W; ° ′ ″ ° ′ ″ or a designated representative will to amend 33 CFR part 165 as follows: 27 49 2.73 N, 097 22 42.97 W; 27°47′5.46″ N, 097°22′41.02″ W; and inform the public of the enforcement PART 165—REGULATED NAVIGATION back to 27°49′2.78″ N, 097°23′16.1″ W. times and date for this safety zone AREAS AND LIMITED ACCESS AREAS (b) Effective period. This section is through Broadcast Notices to Mariners, effective daily from 11:30 a.m. to 4:30 Local Notices to Mariners, and/or Safety ■ 1. The authority citation for part 165 p.m. from April 29, 2021 through May Marine Information Broadcasts as continues to read as follows: 2, 2021. appropriate. (c) Regulations. (1) According to the Dated: January 29, 2021. Authority: 46 U.S.C. 70034, 70051; 33 CFR general regulations in § 165.23, entry 1.05–1, 6.04–1, 6.04–6, and 160.5; into this temporary safety zone is E.J. Gaynor, Department of Homeland Security Delegation Captain, U.S. Coast Guard, Captain of the No. 0170.1. prohibited unless authorized by the Captain of the Port Sector Corpus Port Sector Corpus Christi. ■ 2. Add § 165.T08–0033 to read as Christi (COTP) or a designated [FR Doc. 2021–02323 Filed 2–3–21; 8:45 am] follows: representative. They may be contacted BILLING CODE 9110–04–P
VerDate Sep<11>2014 16:03 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4702 Sfmt 9990 E:\FR\FM\04FEP1.SGM 04FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS 8160
Notices Federal Register Vol. 86, No. 22
Thursday, February 4, 2021
This section of the FEDERAL REGISTER Program for fiscal year (FY) 2021, please contact the USDA Rural contains documents other than rules or subject to the availability of funding. Development State Office in the State in proposed rules that are applicable to the This notice is being issued in order to which the applicant’s headquarters is public. Notices of hearings and investigations, allow applicants sufficient time to located. A list of Rural Development committee meetings, agency decisions and leverage financing, prepare and submit State Office contacts is provided at the rulings, delegations of authority, filing of petitions and applications and agency their applications, and give the Agency following link: https:// statements of organization and functions are time to process applications within FY www.rd.usda.gov/page/state-offices. examples of documents appearing in this 2021. Successful applications will be SUPPLEMENTARY INFORMATION: The section. selected by the Agency for funding and agency encourages applications that will subsequently awarded to the extent that help advance equity and improve funding may ultimately be made outcomes in rural America. Applicants AFRICAN DEVELOPMENT available through appropriations. An are encouraged to consider projects that FOUNDATION announcement on the website at https:// provide measurable results in helping www.rd.usda.gov/newsroom/notices- rural communities build robust and Public Quarterly Meeting of the Board solicitation-applications-nosas will sustainable economies through strategic of Directors identify the amount available in FY investments in infrastructure, 2021 for RBDG applications. AGENCY: partnerships and innovation. Please United States African All applicants are responsible for any Development Foundation. note that this Notice does not award expenses incurred in developing their points for these strategies. ACTION: Notice of meeting. applications. Overview SUMMARY: The US African Development DATES: Applications must be submitted Foundation (USADF) will hold its to the USDA Rural Development State Solicitation Opportunity Type: Rural quarterly meeting of the Board of Office for the State where the Project is Business Development Grant. Directors to discuss the agency’s located. Complete applications may be Announcement Type: Initial programs and administration. This submitted in paper or electronic format Solicitation Announcement. meeting will occur at the USADF office. to the appropriate Rural Development Catalog of Federal Domestic DATES: The meeting date is Tuesday, State Office and must be received by Assistance Number: 10.351. February 9, 2021, 10 a.m. to 11:30 a.m. 4:30 p.m. local time on March 31, 2021. Dates: The deadline for completed A list of the USDA Rural Development applications to be received in the USDA ADDRESSES: The meeting will be held by State Offices can be found at: https:// teleconference. Please contact the Rural Development State Office has www.rd.usda.gov/page/state-offices. Agency Contact listed below for been established as no later than 4:30 conference details. ADDRESSES: Applications must be p.m. (local time) on March 31, 2021. A submitted to the USDA Rural list of the USDA Rural Development FOR FURTHER INFORMATION CONTACT: Development State Office for the State State Offices can be found at: https:// Nina-Belle Mbayu, (202) 233–8808, where the Project is located. For Projects www.rd.usda.gov/page/state-offices. [email protected]. involving multiple states, the Set Aside Funding: (Authority: Public Law 96–533 (22 U.S.C. application must be filed in the Rural The Further Consolidated 290h)) Development State Office where the Appropriations Act, 2020, DIV III, Title Dated: February 1, 2021. Applicant is located. Applications may B—Agriculture, Rural Development Nina-Belle Mbayu, be submitted in paper or electronic designated funding for Federally- Acting General Counsel. format to the appropriate Rural Recognized Native American Tribes, Development State Office and must be [FR Doc. 2021–02321 Filed 2–3–21; 8:45 am] Rural Empowerment Zone/Enterprise received by 4:30 p.m. local time on the Communities/Rural Economic Area BILLING CODE 6117–01–P deadline date. Applicants are Partnerships, and projects in Persistent encouraged to contact their respective Poverty areas, Native American Rural Development State Office for an Persistent Poverty areas and for DEPARTMENT OF AGRICULTURE email contact to submit an electronic Strategic Economic and Community Rural Business-Cooperative Service application prior to the submission Development (SECD) projects in Fiscal deadline date. A list of the USDA Rural Year 2020. Set aside funding may [Docket No. RBS–BUSINESS–0042] Development State Office contacts can ultimately be made available through be found at: https://www.rd.usda.gov/ appropriations in FY2021 where Notice of Solicitation of Applications page/state-offices. continued emphasis is given to financial for Inviting Applications for the Rural FOR FURTHER INFORMATION CONTACT: assistance for projects located in these Business Development Grant David Chestnut, Branch Chief, Program areas. Eligible applicants for the set Programs for Fiscal Year 2021 Management Division, at (202) 692– aside funds, if available, must AGENCY: Rural Business-Cooperative 5233, or [email protected], demonstrate that at least 75 percent of Service, USDA. Rural Business-Cooperative Service, the benefits of an approved grant will ACTION: Notice. U.S. Department of Agriculture, 1400 assist beneficiaries in the designated Independence Avenue SW, MS 3226, areas. The completed application SUMMARY: This notice is to invite Room 5801-South, Washington, DC deadline for these set aside funds, if applications for grants under the Rural 20250–3226, or call (202) 720–1400. For available, is consistent with the Business Development Grant (RBDG) further information on this notice, application deadline date of March 31,
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8161
2021. Applicants for set aside funds access streets and roads, and the Grants may be made to a Public Body/ must indicate that they are applying for conversion or modernization of Government Entity; an Indian Tribe; or set aside funds and may not submit a buildings, machinery and equipment. a Nonprofit entity primarily serving duplicate application for regular RBDG 2. Statutory and Regulatory Authority. rural areas. In accordance with 7 CFR funds. Eligible applications for set aside These Programs are authorized under 5 4280.416(d), applicants that are not funding that are not funded due to U.S.C. 301: 940c and 7 U.S.C. 1932(c) delinquent on any Federal debt or not insufficient funds will be allowed to and implemented by 7 CFR part 4280, otherwise disqualified from compete for available FY2021 regular subpart E. Assistance provided under participation in these Programs are RBDG funds in the State where the this subpart will be made to eligible eligible to apply. The Agency will check Project is located. entities and will be used for funding the System for Award Management Persistent poverty counties: various business opportunity and (SAM) to determine if the applicant has The Further Consolidated business enterprise projects that serve been debarred or suspended. Applicants Appropriations Act, 2020, SEC. 740 Rural Areas. must be registered in the System for designates funding for projects in Awards under the RBDG Programs Award Management (SAM) prior to Persistent Poverty counties. Persistent will be made on a competitive basis submitting an application and maintain Poverty counties as defined in SEC. 740 using specific selection criteria an active SAM registration with current is ‘‘any county that has had 20 percent contained in 7 CFR part 4280, subpart information at all times during which it or more of its population living in E. Information required to be in the has an active Federal award or an poverty over the past 30 years, as application package includes Standard application under consideration by the measured by the 1990 and 2000 Form (SF) 424, ‘‘Application for Federal Agency. All other restrictions in this decennial censuses, and 2007–2011 Assistance;’’ a copy of applicants notice will apply. American Community Survey 5-year organizational documents; a proposed The Agency requires information to average, or any territory or possession of scope of work; Resolution of the Board make an eligibility determination the United States’’. Another provision in of Directors; SF LLL, ‘‘Restrictions on through applications that must include, SEC. 740 expands the eligible Lobbying;’’ RD 400–1, ‘‘Equal but are not limited to, the following: population in Persistent Poverty Opportunity Agreement;’’ RD 400–4, (a) An original and one copy of SF counties to include any county seat of ‘‘Assurance Agreement;’’ Assurance 424, ‘‘Application For Federal such a persistent poverty county that Statement for the Uniform Act; Assistance (For Non-construction);’’ has a population that does not exceed paperwork required in accordance with (b) Copies of applicant’s the authorized population limit by more 7 CFR part 1970, ‘‘Environmental organizational documents showing the than 10 percent. This provision expands Policies and 7 CFR 4280.427 applicant’s legal existence and authority the current 50,000 population limit to Application. to perform the activities under the grant; 55,000 for only county seats located in 3. Definition of Terms. The definitions (c) A proposed scope of work, Persistent Poverty counties. Therefore, including a description of the proposed beneficiaries of technical assistance applicable to this notice are published at 7 CFR 4280.403. Project. Grant funds may be used for services located in Persistent Poverty projects identified in § 4280.417(a) as 4. Application Awards. The Agency county seats with populations up to either a business opportunity type grant will review, evaluate, and score 55,000 (per the 2010 Census) are or a business enterprise type grant. The applications received in response to this eligible. scope of work must include details of notice based on the provisions found in the proposed activities to be A. Program Description 7 CFR part 4280, subpart E, and as accomplished and timeframes for indicated in this notice. However, the 1. Purpose of the Program. The completion of each task, the number of Agency advises all interested parties purpose of the program is to promote months duration of the Project, and the that the applicant bears the burden in economic development and job creation estimated time it will take from grant preparing and submitting an application projects through the awarding of grant approval to beginning of Project in response to this notice whether or not funds to eligible entities. Applications implementation. In accordance with 7 funding is appropriated for these will compete in two separate categories, CFR 4280.421, a Project must reasonably Programs in FY 2021. business opportunity grants and be expected to be completed within 1 business enterprise grants, for use in B. Federal Award Information full year after it has begun. funding various business projects that (d) A written narrative that includes, Type of Awards: Grants. serve rural areas. Business opportunity at a minimum, the following items: projects may be used to establish Fiscal Year Funds: FY 2021. (1) An explanation of why the Project business support centers or provide Available Funds: Anyone interested is needed, the benefits of the proposed funds for job training and leadership in submitting an application for funding Project, and how the Project meets the development in rural areas. Business under these Programs is encouraged to grant eligible purposes; opportunity projects must be consistent consult the Rural Development Notices (2) Area to be served, identifying each with any local and area-wide strategic of Solicitation of Applications website governmental unit, i.e. town, county, plans for community and economic at http://www.rd.usda.gov/newsroom/ Indian reservation, etc., to be affected by development, coordinated with other notices-solicitation-applications-nosas. the Project; economic development activities in the Anticipated Award Dates: If (3) Description of how the Project will project area, and consistent with any Applicable, Set Aside awards: May 31, coordinate Economic Development Rural Development State Strategic Plan. 2021. Regular awards: August 31, 2021. activities with other Economic Business enterprise projects must be Performance Period: June 1, 2021, Development activities within the used to finance or develop small and through September 30, 2023. Project area; emerging businesses in rural areas. Renewal or Supplemental Awards: (4) Business to be assisted, if Enterprise funded project purposes None. appropriate; and Economic must be in compliance with 7 CFR Development to be accomplished; 4280.417(a)(2) which includes the C. Eligibility Information (5) An explanation of how the acquisition and development of land, 1. Eligible Applicants. proposed Project will result in newly
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8162 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
created, increased or supported jobs in 2. General Processing and Scoring community, or a persistent poverty the area and the number of projected Provisions. county as determined by USDA’s new and supported jobs within the next The Agency will review each Economic Research Service will receive 3 years; application for assistance in accordance 10 points; and (iv) If the community has (6) A description of the applicant’s with the priorities established in experienced Long-Term population demonstrated capability and experience § 4280.435. The Agency will assign each decline as demonstrated by the latest in providing the proposed Project application a priority rating and will three decennial censuses, 10 points will assistance or similar Economic select applications for funding based on be awarded. Development activities, including the priority ratings and the total funds (3) Population. Points will be awarded experience of key staff members and available to the program for if the proposed project(s) will be located persons who will be providing the opportunity-type projects and in a community of: (i) Under 5,000 proposed Project activities and enterprise-type projects. population—15 points; (ii) Between managing the Project; (a) The Agency will score each 5,000 and less than 15,000 population— (7) The method and rationale used to application based on the information 10 points; or (iii) Between 15,000 and select the areas and businesses that will contained in the application and its 25,000 population—5 points. receive the service; supporting information. All applications (4) Unemployment. If the proposed (8) A brief description of how the submitted for funding must contain project(s) will be located in areas where work will be performed including sufficient information to permit the the unemployment rate: (i) Exceeds the whether organizational staff or Agency to complete a thorough priority State rate by 25 percent or more—20 consultants or contractors will be used; rating. Agency employees may not points will be awarded; (ii) exceeds the (9) Please note that no assistance or consider any information that is not State rate by less than 25 percent—10 funding can be provided to hemp provided by the applicant in writing for points will be awarded; or (iii) is equal producers or processors unless they scoring purposes. Applications will not to or less than the State rate—0 points be considered for funding if they do not will be awarded. have a valid license issued from an provide sufficient information to (5) Median household income. If the approved State, Tribal or Federal plan determine eligibility or are missing proposed project(s) will be located in as per Section 10113 of the Agriculture required elements. Total possible points areas where Median Household Income Improvement Act of 2018, Public Law for the scoring criteria is 240 plus (MHI) as prescribed by section 673(2) of 115–334. Verification of valid hemp discretionary points that may be the Community Services Block Grant licenses will occur at the time of award; awarded by the Administrator or State Act for a family of 4 for the State is: (i) and Director with justification and only for Less than the poverty line—25 points (10) Other information the Agency those projects submitting an initial grant will be awarded; (ii) More than the may request to assist in making a grant application. Points will be awarded to poverty line but less than 65 percent of award determination; an eligible application as follows: State MHI—15 points will be awarded; (e) The latest 3 years of financial (1) Leveraging. If the grant will fund (iii) Between 65 and 85 percent of the information to show the applicant’s a critical element of a larger program of State MHI—10 points will be awarded; financial capacity to carry out the Economic Development, without which or (iv) If the area has greater than 85 proposed work. If the applicant is less the overall program either could not percent of the State MHI—0 points will than 3 years old, at a minimum, the proceed or would be far less effective, be awarded. information should include all balance or if the program to be assisted by the (6) Experience. If the applicant sheet(s), income statement(s) and cash grant will also be partially funded from provides evidence of successful flow statement(s). A current audited other sources, points will be awarded if experience in the type of activity report is required if available; Rural Development’s funding is: (i) Less proposed based on its current (f) Intergovernmental review than 20 percent of the project costs—30 employees’ resumes demonstrating: (i) comments from the State Single Point of points; (ii) between 20 percent and up 10 or more years of experience—30 Contact, or evidence that the State has to 50 percent of the project—20 points; points will be awarded; (ii) At least 5 elected not to review the program under (iii) between 50 percent and up to 75 but less than 10 years of experience—20 Executive Order 12372; percent of the project—10 points. points will be awarded; (iii) At least 3 (g) Documentation regarding the (2) Demographics. Points will be years but less than 5 years of availability and amount of other funds awarded for each of the following experience—10 points will be awarded; to be used in conjunction with the funds criteria met by the community or or (iv) At least 1 but less than 3 years from the RBDG; Agency employees must communities that will receive the of experience—5 points will be make a determination that the other benefit of the grant, up to a total of 40 awarded. funds proposed are in place as part of points from all categories: (i) (7) Small business start-up or their financial analysis toward the Communities experiencing trauma due expansion. If the Applicant has feasibility of the project. If there is not to a major natural disaster that occurred evidence that small business a firm commitment in writing of the not more than 3 years prior to the filing development will be supported by other funding, it may not be considered of the application for assistance will be startup or expansion as a result of the for leveraging and scoring purposes and awarded 15 points; (ii) Communities activities to be carried out under the the project must be feasible without that have suffered a loss of 20 percent grant by written evidence provided to those funds; or more in their total jobs caused by the the Agency from a small, or a Small and (h) A budget which includes salaries, closure of a military facility or other Emerging Business that includes the fringe benefits, consultant costs, indirect employers within the last 3 years will be number of jobs that will be supported costs, and other appropriate direct costs awarded 15 points; (iii) Communities and created, 5 points will be awarded for the Project; and that have experienced Long-Term for each letter up to a total of 25 points. (i) RBDG construction Project grants poverty as demonstrated by being a Generic or duplicated letters are not must conform with 7 CFR part 1924, former Rural empowerment zone, Rural acceptable, letters must address the subpart A and the 7 CFR 1970 economic area partnership zone, Rural specific business producing the letter, environmental requirements. enterprise community, champion the connection to the project activities
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8163
and further provide information relative D. Application and Submission and, if an applicant has not fully to jobs to meet the criteria. Information complied with the requirements by the (8) Jobs created or supported. Points 1. Address to Request Application time the Federal awarding agency is will be awarded if the anticipated Package. ready to make a Federal award, the development, expansion, or furtherance For further information, entities Federal awarding agency may determine of business enterprises as a result of the wishing to apply for assistance should that the applicant is not qualified to proposed Project will create and/or contact the USDA Rural Development receive a Federal award and use that support existing jobs associated with the State Office provided in the ADDRESSES determination as a basis for making a affected businesses. The number of jobs section of this notice to obtain copies of Federal award to another applicant. must be evidenced by a written 2. Content and Form of Application the application package. commitment from the business(es) to be Prior to official submission of grant Submission. An application must contain all of the assisted. Points will be awarded based applications, applicants may request required elements and be submitted in on the ratio of jobs to be supported by technical assistance or other application the amount of grant funds. For projects one package. Each selection priority guidance from the Agency, as long as supporting: (i) One job for less than criterion outlined in 7 CFR 4280.427 such requests are made at least 15 days $5,000 of grant funds—25 points will be must be addressed in the application. prior to the submission deadline. awarded; (ii) one job for $5,000 but less Failure to address any of the criterion Technical assistance is not meant to be than $10,000 of grant funds—20 points; will result in a zero-point score for that an analysis or assessment of the quality (iii) one job for $10,000 but less than criterion and will impact the overall of the materials submitted, a substitute $15,000—15 points; (iv) one job for evaluation of the application. Copies of for agency review of completed $15,000 but less than $20,000—10 7 CFR 4280, subpart E, will be provided applications, nor a determination of points; or (v) one job for $20,000 but to any interested applicant making a eligibility, if such determination less than $25,000 of grant funds—5 request to a Rural Development State requires in-depth analysis. The Agency points will be awarded. Office. An original copy of the will not solicit or consider scoring or (9) Size of grant request. Projects application must be filed with the Rural eligibility information that is submitted utilizing grant funds of: (i) Less than Development State Office for the State after the application deadline. The $100,000—25 points will be awarded; where the Project is located. For Projects Agency reserves the right to contact (ii) Grant requests of $100,000 to involving multiple states, the applicants to seek clarification $200,000—15 points will be awarded; or application must be filed in the Rural information on materials contained in (iii) applications for more than $200,000 Development State Office where the but equal to or less than $500,000—10 the submitted application. Applications may be submitted in Applicant is located. points will be awarded. The applicant documentation and paper or electronic format to the (10) Indirect cost. If the applicant is forms needed for a complete application appropriate Rural Development State not requesting grant funds to cover their are located in the PROGRAM Office and must be received by 4:30 administrative or indirect costs, 5 points DESCRIPTION section of this notice, p.m. local time on March 31, 2021. will be awarded. and 7 CFR 4280, Subpart E. There are Applicants are encouraged to contact (b) Unfunded applications. The no specific formats required per this their respective Rural Development Agency will notify eligible applicants if notice, and applicants may request State Office for an email contact to funds are not available. If an applicant forms and addresses from the submit an electronic application prior to wishes to have their application ADDRESSES section of this notice. Any the submission deadline date(s). All maintained in an active file for future form that requires an original signature applicants must have a Dun and consideration, the applicant must revise but is signed electronically in the Bradstreet Data Universal Numbering and update their application in writing application submission must be signed System (DUNS) number which can be for the Agency to reconsider in a future in ink by the authorized person prior to obtained at no cost via a toll-free request funding cycle. Agency employees will the disbursement of funds. notify unsuccessful applicants who did line at: (866) 705–5711 or at http:// (a) There are no specific limitations not receive funding due to insufficient fedgov.dnb.com/webform. Each on the number of pages or other funds in writing that their application applicant applying for grant funds formatting requirements other than will not be funded. The potential (unless the applicant is an individual or those described in the PROGRAM grantee will be permitted to respond in Federal awarding agency that is DESCRIPTION section. writing that they wish their application excepted from the requirements under 2 (b) There are no specific limitations to be reconsidered in the next funding CFR 25.110(b) or (c) or has an exception on the number of pages, font size and cycle. The applicant at that time may approved by the Federal awarding type face, margins, paper size, number provide additional updated information agency under 2 CFR 25.110(d)) is of copies, and the sequence or assembly to be considered in that funding cycle. required to: (i) Be registered in the requirements. (c) Unfunded applications for set System for Award Management (SAM) (c) The component pieces of this aside funding. The Agency will notify before submitting its application; (ii) application should contain original eligible applicants in writing if set aside provide a valid unique entity identifier signatures on the original application. funds are not available or they did not in its application; and (iii) continue to 3. Submission Dates and Times. receive funding due to insufficient maintain an active SAM registration (a) Application Deadline Dates: funds. Unfunded applications for set with current information at all times Applications must be submitted to the aside funds will be allowed to compete during which it has an active Federal Rural Development State Office no later for available FY2021 regular RBDG award or an application or plan under than 4:30 p.m. (local time) on March 31, funds in the State where the Project is consideration by a Federal awarding 2021. located. For Projects involving multiple agency. The Federal awarding agency (b) The deadline date means that the states, the application must be filed in may not make a Federal award to an completed application package must be the Rural Development State Office applicant until the applicant has received in the USDA Rural where the Applicant is located and will complied with all applicable unique Development State Office by the compete for funds in that State. entity identifier and SAM requirements established deadline date and time. All
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8164 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
application documents identified in this funded by ranking each Project in be required to have the necessary notice are required in the submission to highest to lowest score order until processes and systems in place to be considered a complete application. available funds are exhausted. If funds comply with the Federal Funding (c) The Agency will determine the are exhausted at the state level, each Accountability and Transparency Act of application receipt date for paper State’s highest scoring unfunded 2006 (Pub. L. 109–282) reporting applications based on the actual date business enterprise project will have the requirements (see 2 CFR 170.200(b), postmarked. The date of electronic opportunity to compete for funding unless exempt under 2 CFR 170.110(b)). application submissions will be the date through a final national competition. The following additional received in the Rural Development State The Agency reserves the right to requirements apply to grantees selected Office by the designated Agency staff award additional discretionary points for these Programs: person. under 7 CFR 4280.435. Discretionary (a) Form RD 4280–2 ‘‘Rural Business- (d) If completed applications are not points may be awarded to accomplish Cooperative Service Financial received by the March 31, 2021 geographic distribution of funds, special Assistance Agreement.’’ deadline, the application will neither be Secretary of Agriculture initiatives such (b) Letter of Conditions. reviewed nor considered for funding as Priority Communities, or a state’s (c) Form RD 1940–1, ‘‘Request for under any circumstances. strategic goals. Discretionary points may Obligation of Funds.’’ (e) Indirect costs will be permitted in only be awarded to initial grants. (d) Form RD 1942–46, ‘‘Letter of accordance with applicable law and in Intent to Meet Conditions.’’ accordance with 2 CFR part 200. Pre- F. Federal Award Administration (e) SF LLL, ‘‘Disclosure of Lobbying Federal award costs will only be Information Activities,’’ if applicable. permitted with prior written approval 1. Federal Award Notices. (f) Grantees will use Form SF 270, by the Agency. Successful applicants will receive ‘‘Request for Advance or (f) Applicants may submit notification for funding from the Rural Reimbursement’’ when requesting grant applications in hard copy or electronic Development State Office. Applicants funds from the Agency. format as previously indicated in the must comply with all applicable statutes You no longer must complete the Application and Submission and regulations before the grant award following forms for acceptance of a Information section of this notice. If the can be approved and funded. If an Federal award. This information is now applicant wishes to hand deliver its application is withdrawn by the collected through your registration or application, the addresses for these applicant, it can be resubmitted and will annual recertification in SAM.gov in the deliveries can be located in the be evaluated as a new application in the Financial Assistance General ADDRESSES section of this notice. period submitted. Certifications and Representations (g) If you require alternative means of 2. Administrative and National Policy section: • communication for program information Requirements. Form RD 400–4, ‘‘Assurance Additional requirements that apply to Agreement.’’ (e.g., Braille, large print, audiotape, etc.) • please contact USDA’s TARGET Center grantees selected for these Programs can Form AD–3031, ‘‘Assurance at (202) 720–2600 (voice and TDD). be found in 7 CFR 4280, subpart E. Regarding Felony Conviction or Tax Awards are subject to USDA grant Delinquent Status for Corporate E. Application Review Information regulations at 2 CFR Chapter IV which Applicants.’’ 1. Criteria. incorporated the Office of Management 3. Reporting. All eligible and complete applications and Budget (OMB) regulations 2 CFR (a) A Financial Status Report and a will be evaluated and scored based on 200. Project performance activity report will the selection criteria and weights All successful applicants will be be required of all grantees on a quarterly contained in 7 CFR 4280, subpart E. notified by letter which will include a basis until initial funds are expended Failure to address any one of the criteria Letter of Conditions, and a Letter of and yearly thereafter, if applicable, by the application deadline will result Intent to Meet Conditions. This letter is based on the Federal fiscal year. in the application being determined not an authorization to begin Grantees must continuously monitor ineligible, and the application will not performance. If the applicant wishes to performance to ensure that time be considered for funding. consider beginning performance prior to schedules are being met, projected work 2. Review and Selection Process. the grant being officially closed, all pre- by time periods is being accomplished, The Rural Development State Offices award costs must be approved in and other performance objectives are will review applications to determine if writing and in advance by the Agency. being achieved. Grantees must submit they are eligible for assistance based on The grant will be considered officially an original of each report to the Agency requirements contained in 7 CFR parts awarded when all conditions in the no later than 30 days after the end of the 4280.416 and 4280.417. Funding of Letter of Conditions have been met and quarter. The grantee will complete the projects is subject to the Applicant’s the Agency obligates the funding for the Project within the total time available to satisfactory submission of the items Project. it in accordance with the Scope of Work required by 7 CFR 4280 subpart E and Additional requirements that apply to and any necessary modifications thereof this Notice in addition to any conditions grantees selected for these Programs can prepared by the grantee and approved specifically outlined in any issued be found in 7 CFR 4280, subpart E; the by the Agency. A final Project USDA Rural Development Letter of Grants and Agreements regulations of performance report will be required Conditions if available funds are to be the U.S. Department of Agriculture with the final Financial Status Report. awarded. codified in 2 CFR 400.1 to 400.2 and 2 The final report may serve as the last Applications will compete at the state CFR part 415 to 422, and successor quarterly report. The final report must level in their respective category, regulations to these parts. provide complete information regarding business opportunity grants or business In addition, all recipients of Federal the jobs created and supported as a enterprise grants, for funding made financial assistance are required to result of the RBDG grant if applicable. available through Rural Development report information about first-tier sub- The Project performance reports must State allocated funds. Applications will awards and executive compensation include, but not be limited to, the be reviewed, prioritized by score, and (see 2 CFR part 170). The applicant will following:
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8165
(1) A comparison of actual collection requirement contained in this Mail: U.S. Department of Agriculture, accomplishments to the objectives notice is approved by OMB under OMB Office of the Assistant Secretary for established for that period; Control Number 0570–0070. Civil Rights, 1400 Independence (2) Problems, delays, or adverse Avenue SW, Washington, DC 20250– Federal Funding Accountability and conditions, if any, which have affected 9410; or Transparency Act or will affect attainment of overall (1) Email: [email protected]. Project objectives, prevent meeting time All applicants, in accordance with 2 USDA is an equal opportunity schedules or objectives, or preclude the CFR part 25, must have a DUNS provider, employer, and lender. number, which can be obtained at no attainment of particular Project work Mark Brodziski, elements during established time cost via a toll-free request line at (866) 705–5711 or online at http:// Acting Administrator, Rural Business- periods. This disclosure shall be Cooperative Service. accompanied by a statement of the fedgov.dnb.com/webform. Similarly, all [FR Doc. 2021–02343 Filed 2–3–21; 8:45 am] action taken or planned to resolve the applicants applying for grant funds situation; and must be registered in SAM prior to BILLING CODE 3410–XY–P (3) Objectives and timetable submitting an application. Applicants established for the next reporting may register for the SAM at http:// period. www.sam.gov/SAM. All recipients of COMMISSION ON CIVIL RIGHTS (4) Any special reporting Federal financial grant assistance are required to report information about Agenda and Notice of Public Meeting requirements, such as jobs supported of the New Jersey Advisory Committee and created, businesses assisted, or first-tier sub-awards and executive total economic development which results in compensation in accordance with 2 CFR AGENCY: Commission on Civil Rights. part 170. improvements in median household ACTION: Announcement of public incomes, and any other specific Nondiscrimination Statement meeting. requirements, should be placed in the In accordance with Federal civil SUMMARY: Notice is hereby given, reporting section of the Letter of rights law and U.S. Department of Conditions. pursuant to the provisions of the rules Agriculture (USDA) civil rights and regulations of the U.S. Commission (5) Within 90 days after the regulations and policies, the USDA, its conclusion of the Project, the on Civil Rights (Commission), and the agencies, offices, and employees, and Federal Advisory Committee Act Intermediary will provide a final Project institutions participating in or evaluation report. The last quarterly (FACA), that the New Jersey State administering USDA Programs are Advisory Committee to the Commission payment will be withheld until the final prohibited from discriminating based on report is received and approved by the will hold a virtual panel briefing on race, color, national origin, religion, sex, Wednesday, February 10, 2021 at 1:00 Agency. Even though the grantee may gender identity (including gender request reimbursement on a monthly p.m. (ET) for the purpose of discussing expression), sexual orientation, the impact of criminal records on access basis, the last 3 months of disability, age, marital status, family/ reimbursements will be withheld until a to employment-occupational licenses in parental status, income derived from a New Jersey. final report, Project performance, and public assistance program, political DATES: February 10, 2021, Wednesday at financial status report are received and beliefs, or reprisal or retaliation for prior 1:00 p.m. (ET): approved by the Agency. civil rights activity, in any program or • (b) In addition to any reports required activity conducted or funded by USDA To join by web conference: https:// by 2 CFR part 200 and 2 CFR 400.1 to bit.ly/3pxSGfw (not all bases apply to all programs). • 400.2 and 2 CFR part 415 to 422, the Remedies and complaint filing To join by phone only, dial 1–800– grantee must provide reports as required deadlines vary by program or incident. 360–9505; Access code: 199 410 0899 by 7 CFR part 4280, subpart E. Persons with disabilities who require FOR FURTHER INFORMATION CONTACT: Ivy G. Federal Awarding Agency Contact(s) alternative means of communication for Davis at [email protected] or by phone at program information (e.g., Braille, large (202) 530–8468. For general questions about this print, audiotape, American Sign SUPPLEMENTARY INFORMATION: This announcement, please contact your Language, etc.) should contact the meeting is available to the public USDA Rural Development State Office responsible Agency or USDA’s TARGET through the Webex link above. If joining provided in the ADDRESSES section of Center at (202) 720–2600 (voice and only via phone, callers can expect to this notice. TTY) or contact USDA through the incur charges for calls they initiate over H. Civil Rights Requirements Federal Relay Service at (800) 877–8339. wireless lines, and the Commission will Additionally, program information may not refund any incurred charges. All grants made under this notice are be made available in languages other Individuals who are deaf, deafblind and subject to Title VI of the Civil Rights Act than English. hard of hearing. may also follow the of 1964 as required by the USDA (7 CFR To file a program discrimination proceedings by first calling the Federal part 15, subpart A) and Section 504 of complaint, complete the USDA Program Relay Service at 1–800–877–8339 and the Rehabilitation Act of 1973, Title VIII Discrimination Complaint Form, AD– providing the Service with the call-in of the Civil Rights Act of 1968, Title IX, 3027, found online at https:// number found through registering at the Executive Order 13166 (Limited English www.usda.gov/oascr/how-to-file-a- web link provided for this meeting. Proficiency), Executive Order 11246, program-discrimination-complaint and Members of the public are entitled to and the Equal Credit Opportunity Act of at any USDA office or write a letter make comments during the open period 1974. addressed to USDA and provide in the at the end of the meeting. Members of I. Other Information letter all of the information requested in the public may also submit written the form. To request a copy of the comments; the comments must be Paperwork Reduction Act complaint form, call (866) 632–9992. emailed to the Eastern Regional Office In accordance with the Paperwork Submit your completed form or letter to within 30 days following the meeting. Reduction Act of 1995, the information USDA by: Written comments may be emailed to:
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8166 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Atten: Ivy Davis at [email protected]. findings with December anniversary substantial amount of detailed Persons who desire additional dates. information and analysis, which often information may contact the Regional All deadlines for the submission of require follow-up questions and Programs Unit at (202) 530–8468. various types of information, analysis. Accordingly, Commerce will Records and documents discussed certifications, or comments or actions by not conduct collapsing analyses at the during the meeting will be available for Commerce discussed below refer to the respondent selection phase of this public viewing as they become available number of calendar days from the review and will not collapse companies at www.facadatabase.gov. Persons applicable starting time. at the respondent selection phase unless interested in the work of this advisory Notice of no Sales there has been a determination to committee are advised to go to the collapse certain companies in a Commission’s website, www.usccr.gov, If a producer or exporter named in previous segment of this AD proceeding or to contact the Regional Programs Unit this notice of initiation had no exports, (e.g., investigation, administrative at the above phone number or email sales, or entries during the period of review, new shipper review, or changed address. review (POR), it must notify Commerce circumstances review). For any within 30 days of publication of this company subject to this review, if Agenda notice in the Federal Register. All Commerce determined, or continued to Wednesday, February 10, 2021 at 1:00 submissions must be filed electronically treat, that company as collapsed with p.m. (ET) at https://access.trade.gov in accordance others, Commerce will assume that such with 19 CFR 351.303.1 Such companies continue to operate in the I. Roll Call submissions are subject to verification same manner and will collapse them for II. Welcome in accordance with section 782(i) of the respondent selection purposes. III. Panel Presentation Tariff Act of 1930, as amended (the Act). Otherwise, Commerce will not collapse IV. Public Comment Further, in accordance with 19 CFR companies for purposes of respondent V. Closing Remarks 351.303(f)(1)(i), a copy must be served selection. Parties are requested to (a) VI. Adjourn on every party on Commerce’s service identify which companies subject to Dated: February 1, 2021. list. review previously were collapsed, and David Mussatt, Respondent Selection (b) provide a citation to the proceeding in which they were collapsed. Further, Supervisory Chief, Regional Programs Unit. In the event Commerce limits the if companies are requested to complete [FR Doc. 2021–02349 Filed 2–3–21; 8:45 am] number of respondents for individual BILLING CODE P examination for administrative reviews the Quantity and Value (Q&V) initiated pursuant to requests made for Questionnaire for purposes of the orders identified below, Commerce respondent selection, in general, each DEPARTMENT OF COMMERCE intends to select respondents based on company must report volume and value U.S. Customs and Border Protection data separately for itself. Parties should International Trade Administration (CBP) data for U.S. imports during the not include data for any other party, POR. We intend to place the CBP data even if they believe they should be Initiation of Antidumping and on the record within five days of treated as a single entity with that other Countervailing Duty Administrative publication of the initiation notice and party. If a company was collapsed with Reviews to make our decision regarding another company or companies in the most recently completed segment of this AGENCY: Enforcement and Compliance, respondent selection within 30 days of publication of the initiation Federal proceeding where Commerce International Trade Administration, considered collapsing that entity, Department of Commerce. Register notice. Comments regarding the CBP data and respondent selection complete Q&V data for that collapsed SUMMARY: The Department of Commerce should be submitted within seven days entity must be submitted. (Commerce) has received requests to after the placement of the CBP data on conduct administrative reviews of Deadline for Withdrawal of Request for the record of this review. Parties Administrative Review various antidumping duty (AD) and wishing to submit rebuttal comments Pursuant to 19 CFR 351.213(d)(1), a countervailing duty (CVD) orders and should submit those comments within party that has requested a review may findings with December anniversary five days after the deadline for the dates. In accordance with Commerce’s initial comments. withdraw that request within 90 days of regulations, we are initiating those In the event Commerce decides it is the date of publication of the notice of administrative reviews. necessary to limit individual initiation of the requested review. The DATES: Applicable February 4, 2021. examination of respondents and regulation provides that Commerce may extend this time if it is reasonable to do FOR FURTHER INFORMATION CONTACT: conduct respondent selection under so. Determinations by Commerce to Brenda E. Brown, AD/CVD Operations, section 777A(c)(2) of the Act, the extend the 90-day deadline will be Customs Liaison Unit, Enforcement and following guidelines regarding made on a case-by-case basis. Compliance, International Trade collapsing of companies for purposes of Administration, U.S. Department of respondent selection will apply. In Deadline for Particular Market Commerce, 1401 Constitution Avenue general, Commerce has found that Situation Allegation determinations concerning whether NW, Washington, DC 20230, telephone: Section 504 of the Trade Preferences particular companies should be (202) 482–4735. Extension Act of 2015 amended the Act SUPPLEMENTARY INFORMATION: ‘‘collapsed’’ (e.g., treated as a single entity for purposes of calculating by adding the concept of a particular Background antidumping duty rates) require a market situation (PMS) for purposes of constructed value under section 773(e) Commerce has received timely 2 1 of the Act. Section 773(e) of the Act requests, in accordance with 19 CFR See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; 351.213(b), for administrative reviews of Administrative Protective Order Procedures, 76 FR 2 See Trade Preferences Extension Act of 2015, various AD and CVD orders and 39263 (July 6, 2011). Public Law 114–27, 129 Stat. 362 (2015).
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8167
states that ‘‘if a particular market To establish whether a firm is Separate Rate Application to situation exists such that the cost of sufficiently independent from demonstrate eligibility for a separate materials and fabrication or other government control of its export rate in this proceeding. In addition, processing of any kind does not activities to be entitled to a separate companies that received a separate rate accurately reflect the cost of production rate, Commerce analyzes each entity in a completed segment of the in the ordinary course of trade, the exporting the subject merchandise. In proceeding that have subsequently administering authority may use accordance with the separate rates made changes, including, but not another calculation methodology under criteria, Commerce assigns separate limited to, changes to corporate this subtitle or any other calculation rates to companies in NME cases only structure, acquisitions of new methodology.’’ When an interested if respondents can demonstrate the companies or facilities, or changes to party submits a PMS allegation pursuant absence of both de jure and de facto their official company name,4 should to section 773(e) of the Act, Commerce government control over export timely file a Separate Rate Application will respond to such a submission activities. to demonstrate eligibility for a separate consistent with 19 CFR 351.301(c)(2)(v). All firms listed below that wish to rate in this proceeding. The Separate If Commerce finds that a PMS exists qualify for separate rate status in the Rate Application will be available on under section 773(e) of the Act, then it administrative reviews involving NME Commerce’s website at https:// will modify its dumping calculations countries must complete, as enforcement.trade.gov/nme/nme-sep- appropriately. appropriate, either a separate rate rate.html on the date of publication of Neither section 773(e) of the Act nor application or certification, as described this Federal Register notice. In 19 CFR 351.301(c)(2)(v) set a deadline below. For these administrative reviews, responding to the Separate Rate for the submission of PMS allegations in order to demonstrate separate rate Application, refer to the instructions and supporting factual information. eligibility, Commerce requires entities contained in the application. Separate However, in order to administer section for whom a review was requested, that Rate Applications are due to Commerce 773(e) of the Act, Commerce must were assigned a separate rate in the no later than 30 calendar days after receive PMS allegations and supporting most recent segment of this proceeding publication of this Federal Register factual information with enough time to in which they participated, to certify notice. The deadline and requirement consider the submission. Thus, should that they continue to meet the criteria for submitting a Separate Rate an interested party wish to submit a for obtaining a separate rate. The Application applies equally to NME- PMS allegation and supporting new Separate Rate Certification form will be owned firms, wholly foreign-owned factual information pursuant to section available on Commerce’s website at firms, and foreign sellers that purchase 773(e) of the Act, it must do so no later https://enforcement.trade.gov/nme/ and export subject merchandise to the than 20 days after submission of initial nme-sep-rate.html on the date of United States. publication of this Federal Register responses to section D of the For exporters and producers who notice. In responding to the questionnaire. submit a Separate Rate Application or certification, please follow the Certification and subsequently are Separate Rates ‘‘Instructions for Filing the selected as mandatory respondents, In proceedings involving non-market Certification’’ in the Separate Rate these exporters and producers will no economy (NME) countries, Commerce Certification. Separate Rate longer be eligible for separate rate status begins with a rebuttable presumption Certifications are due to Commerce no unless they respond to all parts of the that all companies within the country later than 30 calendar days after questionnaire as mandatory are subject to government control and, publication of this Federal Register respondents. thus, should be assigned a single notice. The deadline and requirement antidumping duty deposit rate. It is for submitting a Certification applies Initiation of Reviews: Commerce’s policy to assign all equally to NME-owned firms, wholly In accordance with 19 CFR exporters of merchandise subject to an foreign-owned firms, and foreign sellers 351.221(c)(1)(i), we are initiating administrative review in an NME who purchase and export subject administrative reviews of the following country this single rate unless an merchandise to the United States. AD and CVD orders and findings. We exporter can demonstrate that it is Entities that currently do not have a intend to issue the final results of these sufficiently independent so as to be separate rate from a completed segment reviews not later than December 31, entitled to a separate rate. of the proceeding 3 should timely file a 2021.
Period to be reviewed
AD Proceedings Oman: Circular Welded Carbon-Quality Steel Pipe, A–523–812 ...... 12/1/19–11/30/20 Al Samna Metal Manufacturing & Trading Company LLC Bollore Logistics (Oman) LLC Transworld Shipping Trading & Logistics Services LLC Republic of Korea: Welded Line Pipe, A–580–876 ...... 12/1/19–11/30/20 AJU BESTEEL Co., Ltd. BDP International, Inc. Daewoo International Corporation Dong Yang Steel Pipe Dongbu Incheon Steel Co.
3 Such entities include entities that have not shipper review, etc.) and entities that lost their 4 Only changes to the official company name, participated in the proceeding, entities that were separate rate in the most recently completed rather than trade names, need to be addressed via preliminarily granted a separate rate in any segment of the proceeding in which they a Separate Rate Application. Information regarding currently incomplete segment of the proceeding participated. new trade names may be submitted via a Separate (e.g., an ongoing administrative review, new Rate Certification.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8168 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Period to be reviewed
Dongbu Steel Co., Ltd. Dongkuk Steel Mill EEW Korea Co., Ltd. HISTEEL Co., Ltd. Husteel Co., Ltd. Hyundai RB Co. Ltd. Hyundai Steel Company/Hyundai HYSCO Kelly Pipe Co., LLC Keonwoo Metals Co., Ltd. Kolon Global Corp. Korea Cast Iron Pipe Ind. Co., Ltd. Kurvers Piping Italy S.R.L. Miju Steel MFG Co., Ltd. MSTEEL Co., Ltd. NEXTEEL Co., Ltd. Poongsan Valinox (Valtimet Division) POSCO POSCO Daewoo R&R Trading Co. Ltd. Sam Kang M&T Co., Ltd. SeAH Steel Corp. SeAH Steel Corporation Sin Sung Metal Co., Ltd. SK Networks Soon-Hong Trading Company Steel Flower Co., Ltd. TGS Pipe Tokyo Engineering Korea Ltd. The People’s Republic of China: Aluminum Wire and Cable, A–570–095 ...... 6/5/19–11/30/20 ICF Cable Jin Tiong Electrical Materials Manufacturer PTE. Limited The People’s Republic of China: Cased Pencils, A–570–827 ...... 12/1/19–11/30/20 Wah Yuen Stationery Co. Ltd. Shandong Wah Yuen Stationery Co. Ltd. Tianjin Tonghe Stationery Co. Ltd. Ningbo Homey Union Co., Ltd. The People’s Republic of China: Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled Into Modules, A– 570–979 ...... 12/1/19–11/31/20 Anji Dasol Solar Energy Science & Technology Co., Ltd. BYD (Shangluo) Industrial Co., Ltd. Canadian Solar International Limited; Canadian Solar Manufacturing (Changshu) Inc.; Canadian Solar Manufac- turing (Luoyang) Inc.; CSI Cells Co., Ltd.; CSI Solar Power (China) Inc.; CSI–GCL Solar Manufacturing (Yancheng) Co., Ltd. Trina Solar Co., Ltd.; Trina Solar (Changzhou) Science and Technology Co., Ltd.; Yancheng Trina Guoneng Pho- tovoltaic Technology Co., Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Trina Solar (Hefei) Science and Technology Co., Ltd.; Changzhou Trina Hezhong Photoelectric Co., Ltd. Chint Energy (Haining) Co., Ltd.; Chint Solar (Hong Kong) Company Limited; Chint Solar (Jiuquan) Co., Ltd.; Chint Solar (Zhejiang) Co., Ltd. De-Tech Trading Limited HK Hengdian Group DMEGC Magnetics Co. Ltd. JA Solar Co., Ltd. JA Solar Technology Yangzhou Co., Ltd. Jiawei Solarchina (Shenzhen) Co., Ltd. Jiawei Solarchina Co., Ltd. JingAo Solar Co., Ltd. Jinko Solar Co., Ltd. Jinko Solar Import And Export Co., Ltd. Jinko Solar International Limited JinkoSolar Technology (Haining) Co., Ltd. Lightway Green New Energy Co., Ltd. Longi Solar Technology Co. Ltd.; Lerri Solar Technology Co., Ltd. Ningbo ETDZ Holdings, Ltd. Ningbo Qixin Solar Electrical Appliance Co., Ltd. Renesola Jiangsu Ltd. Risen Energy Co. Ltd.; Risen Energy (Changzhou) Co., Ltd.; Risen (Wuhai) New Energy Co., Ltd.; Zhejiang Twinsel Electronic Technology Co., Ltd.; Risen (Luoyang) New Energy Co., Ltd.; Jiujiang Shengchao Xinye Technology Co., Ltd.; Jiujiang Shengzhao Xinye Trade Co., Ltd.; Ruichang Branch, Risen Energy (HongKong) Co., Ltd. Shanghai BYD Co., Ltd. Shanghai JA Solar Technology Co., Ltd. Shenzhen Sungold Solar Co., Ltd. Shenzhen Topray Solar Co., Ltd.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8169
Period to be reviewed
Shenzhen Yingli New Energy Resources Co., Ltd.; Baoding Jiasheng Photovoltaic Technology Co., Ltd.; Baoding Tianwei Yingli New Energy Resources Co., Ltd.; Beijing Tianneng Yingli New Energy Resources Co., Ltd.; Hai- nan Yingli New Energy Resources Co., Ltd.; Hengshui Yingli New Energy Resources Co., Ltd.; Lixian Yingli New Energy Resources Co., Ltd.; Tianjin Yingli New Energy Resources Co., Ltd.; Yingli Energy (China) Com- pany Limited Sumec Hardware & Tools Co., Ltd. Suntech Power Co., Ltd. Taizhou BD Trade Co., Ltd. tenKsolar (Shanghai) Co., Ltd. Wuxi Suntech Power Co., Ltd./Luoyang Suntech Power Co., Ltd. Wuxi Tianran Photovoltaic Co., Ltd. Xiamen Yiyusheng Solar Co., Ltd. Yingli Green Energy International Trading Company Limited Zhejiang Aiko Solar Energy Technology Co., Ltd. Zhejiang Jinko Solar Co., Ltd. Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company The People’s Republic of China: Mattresses, A–570–092 6/4/19–11/30/20 Dockter China Limited Dongguan Beijianing Household Products Co., Ltd. (a.k.a. Better Zs, Ltd.) Dongguan Sinohome Limited Foshan Chiland Furniture Co., Ltd Foshan City Jinxingma Furniture Manufacture Co., Ltd Foshan City Kewei Furniture Co., Ltd Foshan City Shunde Haozuan Furniture Co., Ltd Foshan Coir Mat Furniture Co., Ltd Foshan EON Technology Industry Co., Ltd Foshan Mengruo Household Furniture Co., Ltd Foshan Qisheng Sponge Co., Ltd Foshan Ruixin Non Woven Co., Ltd Foshan Suilong Furniture Co. Ltd Foshan Ziranbao Furniture Co., Ltd Guangdong Diglant Furniture Industrial Co., Ltd Healthcare Co., Ltd Healthcare Sleep Products Limited Hong Kong Gesin Technology Limited Huizhou Lemeijia Household Products Co., Ltd. (a.k.a. Better Zs, Ltd.) Jinlongheng Furniture Co., Ltd Jiangsu Wellcare Household Articles Co., Ltd Jiashan Nova Co., Ltd Jiaxing Taien Springs Co., Ltd Jiaxing Visco Foam Co., Ltd lnno Sports Co., Ltd Luen Tai Global Limited Luen Tai Group (China) Limited Man Wah Furniture Manufacturing (Hui Zhou) Co., Ltd., Man Wah (MACAO Commercial Offshore), Ltd. and Man Wah (USA), Inc. Ningbo Megafeat Bedding Co., Ltd Ningbo Shuibishen Home Textile Technology Co., Ltd Nisco Co., Ltd Quanzhou Hengang Imp. & Exp. Co., Ltd Quanzhou Hengang Industries Co., Ltd Shanghai Glory Home Furnishings Co., Ltd Shenzhen L&T Industrial Co., Ltd Sinomax (Zhejiang) Polyurethane Technology Ltd Sinomax Macao Commercial Offshore Limited Wings Developing Co., Limited Xianghe Kaneman Furniture Co., Ltd Xilinmen Furniture Co., Ltd Zhejiang Glory Home Furnishings Co., Ltd Zinus Inc. Zinus Xiamen Inc. Zinus Zhangzhou Inc. The People’s Republic of China: Multilayered Wood Flooring, A–570–970 ...... 12/1/19–11/30/20 A&W (Shanghai) Woods Co., Ltd. Anhui Boya Bamboo & Wood Products Co., Ltd. Anhui Longhua Bamboo Product Co., Ltd. Anhui Yaolong Bamboo & Wood Products Co. Ltd. Armstrong Wood Products (Kunshan) Co., Ltd.5 Armstrong World Industries Inc. Baroque Timber Industries (Zhongshan) Co., Ltd.6 Benxi Flooring Factory (General Partnership) Benxi Wood Company Changzhou Hawd Flooring Co., Ltd. Chinafloors Timber (China) Co., Ltd.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8170 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Period to be reviewed
Dalian Dajen Wood Co., Ltd. Dalian Deerfu Wooden Product Co., Ltd. Dalian Guhua Wooden Product Co., Ltd. Dalian Huade Wood Product Co., Ltd. Dalian Huilong Wooden Products Co., Ltd. Dalian Jaenmaken Wood Industry Co., Ltd. Dalian Jiahong Wood Industry Co., Ltd. Dalian Kemian Wood Industry Co., Ltd. Dalian Penghong Floor Products Co., Ltd./Dalian Shumaike Floor Manufacturing Co., Ltd. Dalian Qianqiu Wooden Product Co., Ltd., Fusong Jinlong Wooden Group Co., Ltd., Fusong Jinqiu Wooden Product Co., Ltd., and Fusong Qianqiu Wooden Product Co., Ltd. (collectively, Fusong Jinlong Group) Dalian Shengyu Science And Technology Development Co., Ltd. Dalian T-Boom Wood Products Co., Ltd. Dongtai Fuan Universal Dynamics, LLC Dun Hua Sen Tai Wood Co., Ltd. Dunhua City Dexin Wood Industry Co., Ltd. Dunhua City Hongyuan Wood Industry Co., Ltd. Dunhua City Jisen Wood Industry Co., Ltd.7 Dunhua Shengda Wood Industry Co., Ltd Fine Furniture (Shanghai) Limited 8 Guangzhou Homebon Timber Manufacturing Co., Ltd. Guangzhou Panyu Kangda Board Co., Ltd. Guangzhou Panyu Southern Star Co., Ltd. HaiLin LinJing Wooden Products Co., Ltd. Hangzhou Hanje Tec Company Limited Hangzhou Zhengtian Industrial Co., Ltd. Hunchun Forest Wolf Wooden Industry Co., Ltd. Hunchun Xingjia Wooden Flooring Inc. Huzhou Chenghang Wood Co., Ltd Huzhou Fulinmen Imp. & Exp. Co., Ltd. Huzhou Jesonwood Co., Ltd. Huzhou Sunergy World Trade Co., Ltd. Innomaster Home (Zhongshan) Co., Ltd. Jiafeng Wood (Suzhou) Co., Ltd. Jiangsu Guyu International Trading Co., Ltd Jiangsu Keri Wood Co., Ltd. Jiangsu Mingle Flooring Co., Ltd Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. Jiangsu Simba Flooring Co., Ltd. Jiangsu Yuhui International Trade Co., Ltd. Jiashan HuiJiaLe Decoration Material Co., Ltd. Jiashan On-Line Lumber Co., Ltd. Jiaxing Hengtong Wood Co., Ltd. Jilin Forest Industry Jinqiao Flooring Group Co., Ltd. Jilin Xinyuan Wooden Industry Co., Ltd. Karly Wood Product Limited Kember Flooring, Inc. (a.k.a. Kember Hardwood Flooring, Inc.) Kemian Wood Industry (Kunshan) Co., Ltd. Kingman Floors Co., Ltd. Kingman Wood Industry Co., Ltd. Lauzon Distinctive Hardwood Flooring, Inc. Linyi Anying Wood Co., Ltd. Linyi Bonn Flooring Manufacturing Co., Ltd. Linyi Youyou Wood Co., Ltd. Metropolitan Hardwood Floors, Inc. Muchsee Wood (Chuzhou) Co., Ltd. Mudanjiang Bosen Wood Industry Co., Ltd. Nakahiro Jyou Sei Furniture (Dalian) Co., Ltd. Omni Arbor Solutions Co., Ltd. Pinge Timber Manufacturing (Zhejiang) Co., Ltd. Power Dekor Group Co., Ltd. Power Dekor North America Inc. Scholar Home (Shanghai) New Material Co., Ltd. Shandong Longteng Wood Co., Ltd. Shanghai Lairunde Wood Co., Ltd. Shanghaifloor Timber (Shanghai) Co., Ltd. Shenyang Haobainian Wooden Co., Ltd. Shenzhenshi Huanwei Woods Co., Ltd. Sino-Maple (Jiangsu) Co., Ltd. Suzhou Dongda Wood Co., Ltd. Tongxiang Jisheng Import and Export Co., Ltd. Xiamen Yung De Ornament Co., Ltd. Xuzhou Antop International Trade Co., Ltd. Xuzhou Shenghe Wood Co., Ltd.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8171
Period to be reviewed
Yekalon Industry Inc. Yihua Lifestyle Technology Co., Ltd. (successor-in-interest to Guangdong Yihua Timber Industry Co., Ltd.) Yingyi-Nature (Kunshan) Wood Industry Co., Ltd. Zhejiang Biyork Wood Co., Ltd. Zhejiang Dadongwu Greenhome Wood Co., Ltd.9 Zhejiang Fudeli Timber Industry Co., Ltd. Zhejiang Fuerjia Wooden Co., Ltd. Zhejiang Jiechen Wood Industry Co., Ltd. Zhejiang Longsen Lumbering Co., Ltd. Zhejiang Shiyou Timber Co., Ltd. Zhejiang Shuimojiangnan New Material Technology Co., Ltd. Zhejiang Simite Wooden Co., Ltd. The People’s Republic of China: Refillable Stainless Steel Kegs, A–570–093 ...... 12/13/19–11/30/20 Equipmentimes (Dalian) E-Commerce Co., Ltd. Guangzhou Jingye Machinery Co., Ltd. Guangzhou Ulix Industrial & Trading Co., Ltd. Jinan HaoLu Machinery Equipment Co., Ltd. NDL Keg Qingdao Inc. Ningbo BestFriends Beverage Containers Industry Co., Ltd. Ningbo Chance International Trade Co., Ltd. Ningbo Direct Import & Export Co., Ltd. Ningbo Haishu Direct Import and Export Trade Co., Ltd. Ningbo Haishu Xiangsheng Metal Factory Ningbo Hefeng Container Manufacturer Co., Ltd. Ningbo Hefeng Kitchen Utensils Manufacture Co., Ltd. Ningbo HGM Food Machinery Co., Ltd. Ningbo Jiangbei Bei Fu Industry and Trade Co., Ltd. Ningbo Kegco International Trade Co., Ltd. Ningbo Minke Import & Export Co., Ltd. Ningbo Sanfino Import & Export Co., Ltd. Ningbo Shimaotong International Co., Ltd. Ningbo Sunburst International Trading Co., Ltd. Orient Equipment (Taizhou) Co., Ltd. Penglai Jinfu Stainless Steel Products Qingdao Henka Precision Technology Co., Ltd Rain Star International Trading Dalian Co., Ltd. Shandong Tiantai Beer Equipment Co., Ltd. Shandong Tonsen Equipment Co., Ltd. Sino Dragon Group, Ltd. Wenzhou Deli Machinery Equipment Co. Wuxi Taihu Lamps and Lanterns Co., Ltd. Yantai Toptech Ltd. Yantai Trano New Material Co., Ltd Turkey: Welded Line Pipe, A–489–822 ...... 12/1/19–11/30/20 Borusan Istikbal Ticaret Borusan Mannesmann Boru Sanayi ve Ticaret A. Cayirova Boru Sanayii ve Ticaret A.S. Cimtas Boru Imalatlari ve Ticaret, Ltd. Sti. Emek Boru Makina Sanayi ve Ticaret A.S. Erbosan Erciyas Tube Industry and Trade Co. Inc. Erciyas Celik Boru Sanayii A.S. Guven Celik Boru Sanayii ve Ticaret Ltd. Sti. Has Altinyagmur celik Boru Sanayii ve Ticaret Ltd. Sti. HDM Steel Pipe Industry & Trade Co. Ltd. Metalteks Celik Urunleri Sanayii MMZ Onur Boru Profil Uretim Sanayii ve Ticaret A.S. Noksel Steel Pipe Co. Inc. Ozbal Celik Boru Toscelik Profile and Sheet Industry, Co. Tosyali Dis Ticaret A.S. Umran Celik Boru Sanayii YMS Pipe & Metal Sanayii A.S. Yucelboru Ihracat Ithalat Pazzarlam United Arab Emirates: Circular Welded Carbon-Quality Steel Pipe, A–520–807 ...... 12/1/19–11/30/20 Ajmal Steel Tubes and Pipes Industries, LLC Conares Metal Supply Limited K.D. Industries Inc. KHK Scaffolding and Framework LLC THL Tube and Pipe Industries LLC Tiger Steel Industries LLC TSI Metal Industries LLC (formerly Tiger Steel Industries LLC) Universal Tube and Plastic Industries, Ltd. CVD Proceedings The People’s Republic of China: Aluminum Wire and Cable, C–570–096 ...... 4/8/19–12/31/20
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8172 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Period to be reviewed
ICF Cable Jin Tiong Electrical Materials Manufacturer PTE. Limited The People’s Republic of China: Crystalline Silicon Photovoltaic Cells, Whether Or Not Assembled Into Modules, C– 570–980 ...... 1/1/19–12/31/19 Anji DaSol Solar Energy Science & Technology Co., Ltd. Astronergy Co., Ltd. Astronergy Solar Baoding Jiasheng Photovoltaic Technology Co., Ltd. Baoding Tianwei Yingli New Energy Resources Co. Ltd. Boviet Solar Technology Co., Ltd. BYD (Shangluo) Industrial Co., Ltd. Canadian Solar International Limited Canadian Solar Manufacturing (Changshu) Inc. Canadian Solar Manufacturing (Luoyang) Inc. Changzhou Trina Solar Energy Co., Ltd. Changzhou Trina Solar Yabang Energy Co., Ltd. Chint New Energy Technology (Haining) Co., Ltd. Chint Solar (Hong Kong) Company Limited Chint Solar (Jiuquan) Co., Ltd. Chint Solar (Zhejiang) Co., Ltd. CSI Cells Co., Ltd. CSI Modules (Dafeng) Co., Ltd. CSI–GCL Solar Manufacturing (Yancheng) Co., Ltd. DelSolar (Wujiang) Ltd. DelSolar Co., Ltd. De-Tech Trading Limited HK Dongguan Sunworth Solar Energy Co., Ltd. Eoplly New Energy Technology Co., Ltd. ERA Solar Co., Ltd. ET Solar Energy Limited Fuzhou Sunmodo New Energy Equipment Co., Ltd. GCL System Integration Technology Co. Ltd Hainan Yingli New Energy Resources Co., Ltd. Hangzhou Sunny Energy Science and Technology Co., Ltd. Hengdian Group DMEGC Magnetics Co. Ltd. Hengshui Yingli New Energy Resources Co., Ltd. Hubei Trina Solar Energy Co., Ltd. JA Solar Co., Ltd. (aka JingAo Solar Co., Ltd.) JA Solar (Xingtai) Co., Ltd. JA Solar Technology Yangzhou Co., Ltd. Jiangsu High Hope Int’l Group Jiawei Solarchina (Shenzhen) Co., Ltd. Jiawei Solarchina Co., Ltd. Jinko Solar Co., Ltd. Jinko Solar Import and Export Co., Ltd. Jinko Solar International Limited JinkoSolar Technology (Haining) Co., Ltd. LERRI Solar Technology Co., Ltd. Light Way Green New Energy Co., Ltd. Lixian Yingli New Energy Resources Co., Ltd. Longi (HK) Trading Ltd. LONGi Solar Technology Co. Ltd. Ningbo ETDZ Holdings, Ltd. Ningbo Qixin Solar Electrical Appliance Co., Ltd. ReneSola Jiangsu Ltd. Renesola Zhejiang Ltd. Risen Energy Co., Ltd. Shanghai BYD Co., Ltd. Shanghai JA Solar Technology Co., Ltd. Shenzhen Sungold Solar Co., Ltd. Shenzhen Topray Solar Co., Ltd. Shenzhen Yingli New Energy Resources Co., Ltd. Sumec Hardware & Tools Co., Ltd. Sunpreme Solar Technology (Jiaxing) Co., Ltd. Suntech Power Co., Ltd. Suntimes Technology Co., Limited Systemes Versilis, Inc. Taimax Technologies Inc. Taizhou BD Trade Co., Ltd. Talesun Energy Talesun Solar tenKsolar (Shanghai) Co., Ltd. Tianjin Yingli New Energy Resources Co., Ltd. Tianneng Yingli New Energy Resources Co., Ltd.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8173
Period to be reviewed
Toenergy Technology Hangzhou Co., Ltd. Trina Solar Co., Ltd. Trina Solar (Changzhou) Science and Technology Co., Ltd. Turpan Trina Solar Energy Co., Ltd. Wuxi Suntech Power Co., Ltd Luoyang Suntech Power Co., Ltd. Wuxi Tianran Photovoltaic Co., Ltd. Yancheng Trina Solar Energy Technology Co., Ltd. Yingli Energy (China) Company Ltd. Yingli Green Energy International Trading Company Limited Zhejiang ERA Solar Technology Co., Ltd. Zhejiang Jinko Solar Co., Ltd. Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company The People’s Republic of China: Multilayered Wood Flooring, C–570–971 ...... 1/1/19–12/31/19 A&W (Shanghai) Woods Co., Ltd. Anhui Boya Bamboo & Wood Products Co., Ltd. Anhui Longhua Bamboo Product Co., Ltd. Anhui Suzhou Dongda Wood Co., Ltd. Anhui Yaolong Bamboo & Wood Products Co. Ltd. Armstrong Wood Products (Kunshan) Co., Ltd. Baishan Huafeng Wooden Product Co., Ltd. Baiying Furniture Manufacturer Co., Ltd. Baroque Timber Industries (Zhongshan) Co., Ltd. Benxi Flooring Factory (General Partnership) Benxi Wood Company Changbai Mountain Development and Protection Zone Hongtu Wood Industrial Co., Ltd. Changzhou Hawd Flooring Co., Ltd. Cheng Hang Wood Co., Ltd. Chinafloors Timber (China) Co., Ltd. Dalian Dajen Wood Co., Ltd. Dalian Deerfu Wooden Product Co., Ltd. Dalian Guhua Wooden Product Co., Ltd. Dalian Huade Wood Product Co., Ltd. Dalian Huilong Wooden Products Co., Ltd. Dalian Jaenmaken Wood Industry Co., Ltd. Dalian Jiahong Wood Industry Co., Ltd. Dalian Jinda Wood Products Corporation Dalian Jiuyuan Wood Industry Co., Ltd. Dalian Kemian Wood Industry Co., Ltd. Dalian Meisen Woodworking Dalian Penghong Floor Products Co., Ltd. Dalian Qianqiu Wooden Product Co., Ltd. Dalian Shengyu Science and Technology Development Co., Ltd. Dalian Shumaike Floor Manufacturing Co., Ltd. Dalian T-Boom Wood Products Co., Ltd. Dalian Xinjinghua Wood Co., Ltd. Dongtai Fuan Universal Dynamics, LLC Dongtai Zhangshi Wood Industry Co. Ltd. Dun Hua Sen Tai Wood Co., Ltd. Dunhua City Dexin Wood Industry Co., Ltd. Dunhua City Hongyuan Wood Industry Co., Ltd. Dunhua City Jisen Wood Industry Co., Ltd. Dunhua City Wanrong Wood Industry Co., Ltd. Dunhua Shengda Wood Industry Co., Ltd. Fine Furniture (Shanghai) Limited Fu Lik Timber (HK) Co., Ltd. Fujian Wuyishan Werner Green Industry Co., Ltd. Furnco International Shanghai Company Fusong Jinlong Wooden Group Co., Ltd. Fusong Jinqiu Wooden Product Co., Ltd. Fusong Qianqiu Wooden Product Co., Ltd. Gaotang Weilong Industry and Trade Gold Seagull Shanghai Flooring GTP International Ltd. Guangdong Fu Lin Timber Technology Limited Guangdong Yihua Timber Industry Co., Ltd. Guangzhou Homebon Timber Manufacturing Co., Ltd. Guangzhou Panyu Kangda Board Co., Ltd. Guangzhou Panyu Southern Star Co., Ltd. HaiLin LinJing Wooden Products, Co. Ltd. HaiLin XinCheng Wooden Products, Ltd. Hangzhou Dazhuang Floor Co., Ltd. (DBA Dasso Industrial Group Co., Ltd.) Hangzhou Hanje Tec Company Limited Hangzhou Huahi Wood Industry Co., Ltd.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8174 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Period to be reviewed
Hangzhou Zhengtian Industrial Co., Ltd. Henan Xingwangjia Technology Co., Ltd. Hong Kong Easoon Wood Technology Co., Ltd. Huaxin Jiasheng Wood Co., Ltd. Huber Engineering Wood Corp. Hunchun Forest Wolf Wooden Industry Co., Ltd. Hunchun Xingjia Wooden Flooring Inc. Huzhou Chenghang Wood Co., Ltd. Huzhou City Nanxun Guangda Wood Co., Ltd. Huzhou Daruo Import And Export Huzhou Fulinmen Imp. & Exp. Co., Ltd. Huzhou Fuma Wood Co., Ltd. Huzhou Jesonwood Co., Ltd. Huzhou Laike Import and Export Co Huzhou Muyun Wood Co., Ltd. Huzhou Sunergy World Trade Co., Ltd. Innomaster Home (Zhongshan) Co., Ltd. Jesonwood Forest Products ZJ Jiafeng Wood (Suzhou) Co., Ltd. Jiangsu Guyu International Trading Co., Ltd. Jiangsu Kentier Wood Co., Ltd. Jiangsu Keri Wood Co., Ltd. Jiangsu Mingle Flooring Co., Ltd. Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. Jiangsu Simba Flooring Co., Ltd. Jiangsu Yuhui International Trade Co., Ltd. Jiashan Fengyun Timber Co., Ltd. Jiashan HuiJiaLe Decoration Material Co., Ltd. Jiashan On-Line Lumber Co., Ltd. Jiaxing Brilliant Import & Export Co., Ltd. Jiaxing Hengtong Wood Co., Ltd. Jilin Forest Industry Jinqiao Flooring Group Co., Ltd. Jilin Xinyuan Wooden Industry Co., Ltd. Karly Wood Product Limited Kemian Wood Industry (Kunshan) Co., Ltd. Kingman Floors Co., Ltd. Kingman Wood Industry Co., Ltd. Kunming Alston (AST) Wood Products Co., Ltd. Lauzon Distinctive Hardwood Flooring Liaoning Daheng Timber Group Linyi Anying Wood Co., Ltd. Linyi Youyou Wood Co., Ltd. (successor-in-interest to Shanghai Lizhong Wood Products Co., Ltd.) (a/k/a The Lizhong Wood Industry Limited Company of Shanghai) Linyi Bonn Flooring Manufacturing Co., Ltd. Max Choice Wood Industry Muchsee Wood (Chuzhou) Co., Ltd. Mudanjiang Bosen Wood Industry Co., Ltd. Nakahiro Jyou Sei Furniture (Dalian) Co., Ltd. Nanjing Minglin Wooden Industry Co., Ltd. Ningbo Tianyi Bamboo and Wood Products Co., Ltd. Pinge Timber Manufacturing (Zhejiang) Co., Ltd. Power Dekor Group Co. Ltd. Power Dekor North America Inc. PT. Tanjung Kreasi Parquet Industry Qingdao Barry Flooring Co., Ltd. Qingdao Wisdom International Riverside Plywood Corporation Samling Riverside Co., Ltd. Scholar Home (Shanghai) New Material Co. Ltd. Shandong Kaiyuan Wood Industry Co., Ltd. Shandong Longteng Wood Co., Ltd. Shandong Puli Trading Co., Ltd. Shanghai Anxin (Weiguang) Timber Co., Ltd. Shanghai Demeija Timber Co., Ltd. Shanghai Eswell Timber Co., Ltd. Shanghai Lairunde Wood Shanghai Lairunde Wood Co., Ltd. Shanghai Lizhong Wood Products Co., Ltd. (a/k/a The Lizhong Wood Industry Limited Company of Shanghai) Shanghai New Sihe Wood Co., Ltd. Shanghai Shenlin Corporation Shanghaifloor Timber (Shanghai) Co., Ltd. Shenyang Haobainian Wooden Co., Ltd. Shenyang Sende Wood Co., Ltd. Shenzhenshi Huanwei Woods Co., Ltd.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8175
Period to be reviewed
Sino-Maple (Jiangsu) Co., Ltd. Suifenhe Chengfeng Trading Co., Ltd. Sunyoung Wooden Products Suzhou Anxin Weiguang Timber Co., Ltd. Suzhou Dongda Wood Co., Ltd. Suzhou Times Flooring Co., Ltd. Tak Wah Building Material (Suzhou) Co. The Greenville Flooring Co., Ltd. Tongxiang Jisheng Import and Export Co., Ltd. Topocean Consolidation Service Vicwood Industry (Suzhou) Co. Ltd. Xiamen Yung De Ornament Co., Ltd. Xuzhou Antop International Trade Co., Ltd. Xuzhou Shenghe Wood Co., Ltd. Yekalon Industry, Inc. Yihua Lifestyle Technology Co., Ltd. Yingyi-Nature (Kunshan) Wood Industry Co., Ltd. Yixing Lion-King Timber Industry Zhejiang Anji Xinfeng Bamboo And Wood Industry Co., Ltd. Zhejiang Biyork Wood Co., Ltd. Zhejiang Dadongwu Auto Elect Motor Zhejiang Dadongwu GreenHome Wood Co., Ltd. (a/k/a Zhejiang Dadongwu Greenhome Wood Co., Ltd., Zhejiang Dadongwu Green Home Wood Co., Ltd.) Zhejiang Desheng Wood Industry Co., Ltd. Zhejiang Fudeli Timber Industry Co., Ltd. Zhejiang Fuerjia Wooden Co., Ltd. Zhejiang Fuma Warm Technology Co., Ltd. Zhejiang Haoyun Wooden Co., Ltd. Zhejiang Jesonwood Co., Ltd. Zhejiang Jiaye Flooring Zhejiang Jiechen Wood Industry Co., Ltd. Zhejiang Longsen Lumbering Co., Ltd. Zhejiang Shiyou Timber Co., Ltd. Zhejiang Shuimojiangnan New Material Technology Co., Ltd. Zhejiang Simite Wooden Co., Ltd. Zhejiang Tianzhen Bamboo & Wood Development Co., Ltd. Zhejiang Yongyu Bamboo Joint-Stock Co., Ltd. The People’s Republic of China: Refillable Stainless Steel Kegs, C–570–094 ...... 12/13/19–12/31/19 Ningbo Master International Trade Co., Ltd. Suspension Agreements Mexico: Fresh Tomatoes,10 A–201–820 ...... 9/19/19–8/31/20 Mexico: Sugar, A–201–845 ...... 12/1/19–11/30/20 Mexico: Sugar,11 C–201–846 ...... 1/1/20–12/31/20 Deferral of Initiation of Administrative Review Oman: Circular Welded Carbon-Quality Steel Pipe,12 A–523–812 ...... 12/1/19–11/30/20 Al Jazeera Steel Products Co. SAOG
Duty Absorption Reviews between the first and second or third sunset review), Commerce, if requested and fourth anniversary of the by a domestic interested party within 30 During any administrative review publication of an AD order under 19 days of the date of publication of the covering all or part of a period falling CFR 351.211 or a determination under notice of initiation of the review, will 19 CFR 351.218(f)(4) to continue an determine whether AD duties have been 5 Commerce is only reviewing entries where order or suspended investigation (after absorbed by an exporter or producer Armstrong Wood Products (Kunshan) Co., Ltd. was the exporter but not the producer of subject subject to the review if the subject 10 merchandise. In the initiation notice that published on merchandise is sold in the United States October 30, 2020 (85 FR 68840) Commerce 6 Commerce is only reviewing entries where inadvertently listed the wrong period of review for through an importer that is affiliated Baroque Timber Industries (Zhongshan) Co., Ltd. the referenced case above. The correct period of with such exporter or producer. The was the exporter but not the producer of subject review is listed in this notice. request must include the name(s) of the merchandise. 11 7 In the opportunity notice that published on exporter or producer for which the Commerce is only reviewing entries where December 2, 2020 (85 FR 77431) Commerce Dunhua City Jisen Wood Industry Co., Ltd. was the inadvertently listed the wrong period of review for inquiry is requested. exporter but not the producer of subject the referenced case above. The correct period of Gap Period Liquidation merchandise. review is listed in this notice. 8 Commerce is only reviewing entries where Fine 12 Pursuant to 19 CFR 351.213(c), Commerce For the first administrative review of Furniture (Shanghai) Limited and/or Double F received a request from Al Jazeera Steel Products Limited was the exporter but Fine Furniture Co. SAOG to defer the administrative review with any order, there will be no assessment (Shanghai) Limited was not the producer of subject respect to itself for one year. Commerce did not of antidumping or countervailing duties merchandise. receive any objections to the deferral within 15 days on entries of subject merchandise 9 Other variations of this company’s name are after the end of the anniversary month. As such, we entered, or withdrawn from warehouse, Zhejiang Dadongwu GreenHome Wood Co., Ltd. will initiate the administrative review with respect and Zhejiang Dadongwu Green Home Wood Co., to Al Jazeera Steel Products Co. SAOG in the month for consumption during the relevant Ltd. immediately following the next anniversary month. ‘‘gap’’ period of the order (i.e., the
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8176 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
period following the expiry of containing business proprietary submitting factual information in these provisional measures and before information, until further notice.14 segments. definitive measures were put into Any party submitting factual These initiations and this notice are place), if such a gap period is applicable information in an AD or CVD in accordance with section 751(a) of the to the POR. proceeding must certify to the accuracy Act (19 U.S.C. 1675(a)) and 19 CFR and completeness of that information 351.221(c)(1)(i). Administrative Protective Orders and using the formats provided at the end of Dated: February 1, 2021. Letters of Appearance the Final Rule.15 Commerce intends to James Maeder, reject factual submissions in any Interested parties must submit proceeding segments if the submitting Deputy Assistant Secretaryfor Antidumping and Countervailing Duty Operations. applications for disclosure under party does not comply with applicable administrative protective orders in certification requirements. [FR Doc. 2021–02348 Filed 2–3–21; 8:45 am] accordance with the procedures BILLING CODE 3510–DS–P outlined in Commerce’s regulations at Extension of Time Limits Regulation 19 CFR 351.305. Those procedures Parties may request an extension of apply to administrative reviews time limits before a time limit DEPARTMENT OF COMMERCE included in this notice of initiation. established under Part 351 expires, or as International Trade Administration Parties wishing to participate in any of otherwise specified by Commerce.16 In these administrative reviews should general, an extension request will be [A–552–801] ensure that they meet the requirements considered untimely if it is filed after of these procedures (e.g., the filing of the time limit established under Part Certain Frozen Fish Fillets From the separate letters of appearance as 351 expires. For submissions which are Socialist Republic of Vietnam: Final discussed at 19 CFR 351.103(d)). due from multiple parties Results of the Expedited Third Sunset simultaneously, an extension request Review of the Antidumping Duty Order Factual Information Requirements will be considered untimely if it is filed AGENCY: Enforcement and Compliance, Commerce’s regulations identify five after 10:00 a.m. on the due date. International Trade Administration, categories of factual information in 19 Examples include, but are not limited Department of Commerce. to: (1) Case and rebuttal briefs, filed CFR 351.102(b)(21), which are SUMMARY: The Department of Commerce summarized as follows: (i) Evidence pursuant to 19 CFR 351.309; (2) factual (Commerce) finds that revocation of the submitted in response to questionnaires; information to value factors under 19 antidumping duty order on certain (ii) evidence submitted in support of CFR 351.408(c), or to measure the frozen fish fillets (fish fillets) from the allegations; (iii) publicly available adequacy of remuneration under 19 CFR Socialist Republic of Vietnam (Vietnam) information to value factors under 19 351.511(a)(2), filed pursuant to 19 CFR would be likely to lead to continuation CFR 351.408(c) or to measure the 351.301(c)(3) and rebuttal, clarification or recurrence of dumping at the levels adequacy of remuneration under 19 CFR and correction filed pursuant to 19 CFR indicated in the ‘‘Final Results of Sunset 351.511(a)(2); (iv) evidence placed on 351.301(c)(3)(iv); (3) comments Reviews’’ section of this notice. concerning the selection of a surrogate the record by Commerce; and (v) DATES: country and surrogate values and Applicable February 4, 2021. evidence other than factual information FOR FURTHER INFORMATION CONTACT: described in (i)–(iv). These regulations rebuttal; (4) comments concerning CBP data; and (5) Q&V questionnaires. Under Matthew Renkey, AD/CVD Operations, require any party, when submitting Office V, Enforcement and Compliance, factual information, to specify under certain circumstances, Commerce may elect to specify a different time limit by International Trade Administration, which subsection of 19 CFR which extension requests will be U.S. Department of Commerce, 1401 351.102(b)(21) the information is being considered untimely for submissions Constitution Avenue NW, Washington, submitted and, if the information is which are due from multiple parties DC 20230; telephone: (202) 482–2312. submitted to rebut, clarify, or correct simultaneously. In such a case, SUPPLEMENTARY INFORMATION: factual information already on the Commerce will inform parties in the record, to provide an explanation Background letter or memorandum setting forth the identifying the information already on deadline (including a specified time) by On October 1, 2019, Commerce the record that the factual information which extension requests must be filed published the Notice of Initiation of the seeks to rebut, clarify, or correct. The to be considered timely. This policy also five-year review of the antidumping regulations, at 19 CFR 351.301, also requires that an extension request must duty order on fish fillets from Vietnam, provide specific time limits for such be made in a separate, stand-alone pursuant to section 751(c) of the Tariff 1 factual submissions based on the type of submission, and clarifies the Act of 1930, as amended (the Act). On factual information being submitted. October 11, 2019, Commerce received a 13 circumstances under which Commerce Please review the Final Rule, available will grant untimely-filed requests for the notice of intent to participate in this at https://enforcement.trade.gov/frn/ extension of time limits. Please review review from the domestic interested 2 2013/1304frn/2013-08227.txt, prior to the Final Rule, available at https:// parties, within the deadline specified submitting factual information in this www.gpo.gov/fdsys/pkg/FR/2013/09/20/ segment. Note that Commerce has html/2013-22853.htm, prior to 1 See Initiation of Five-Year (Sunset) Reviews, 84 temporarily modified certain of its FR 52067 (October 1, 2019) (Notice of Initiation). 2 These parties are: Catfish Farmers of America requirements for serving documents 14 See Temporary Rule Modifying AD/CVD and individual U.S. catfish processors America’s Service Requirements Due to COVID–19, 85 FR Catch, Inc., Alabama Catfish, LLC d/b/a Harvest 13 See Certification of Factual Information To 41363 (July 10, 2020). Select Catfish, Inc., Consolidated Catfish Import Administration During Antidumping and 15 See section 782(b) of the Act; see also Final Companies, LLC d/b/a Country Select Catfish, Delta Countervailing Duty Proceedings, 78 FR 42678 (July Rule; and the frequently asked questions regarding Pride Catfish, Inc.,1 Guidry’s Catfish, Inc., 17, 2013) (Final Rule); see also the frequently asked the Final Rule, available at https:// Heartland Catfish Company, Magnolia Processing, questions regarding the Final Rule, available at enforcement.trade.gov/tlei/notices/factual_info_ Inc. d/b/a Pride of the Pond, and Simmons Farm https://enforcement.trade.gov/tlei/notices/factual_ final_rule_FAQ_07172013.pdf. Raised Catfish, Inc. (collectively, domestic info_final_rule_FAQ_07172013.pdf. 16 See 19 CFR 351.302. interested parties).
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8177
in 19 CFR 351.218(d)(1)(i). The Notification Regarding Administrative International Trade Administration, domestic interested parties claimed Protective Order (APO) U.S. Department of Commerce, 1401 interested party status under section This notice serves as the only Constitution Avenue NW, Washington, 771(9)(C) of the Act, as manufacturers, reminder to interested parties subject to DC 20230; telephone: (202) 482–1766 or producers, or wholesalers of a domestic an APO of their responsibility (202) 482–2285, respectively. like product in the United States. On concerning the return or destruction of SUPPLEMENTARY INFORMATION: October 31, 2019, the domestic proprietary information disclosed under Background interested parties provided a complete APO in accordance with 19 CFR substantive response for this review 351.305. Timely notification of the On April 1, 2019, based on a timely within the 30-day deadline specified in return or destruction of APO materials request for review filed by the 1 19 CFR 351.218(d)(3)(i). We received no or conversion to judicial protective petitioners, we initiated an substantive responses from any other order is hereby requested. Failure to administrative review on prestressed interested parties, nor was a hearing comply with the regulations and terms concrete steel wire strand (PC Strand) 2 requested. As a result, pursuant to of an APO is a violation which is subject from Thailand for SIW, the only section 751(c)(3)(B) of the Act and 19 to sanction. company for which a review was CFR 351.218(e)(1)(ii)(C)(2), Commerce requested.3 In September 2019, we conducted an expedited (120-day) Notification to Interested Parties extended the preliminary results of this sunset review of the order. We are issuing and publishing these review to no later than January 31, 2020.4 For a complete description of the Scope of the Order results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of events that followed the initiation of The merchandise covered by the order the Act and 19 CFR this review, see the Preliminary is certain frozen fish fillets. For a full 351.218(e)(1)(ii)(C)(2). Decision Memorandum.5 description of the scope, see the Issues and Decision Memorandum.3 Dated: January 29, 2021. Scope of the Order Jeffrey I. Kessler, 6 Analysis of Comments Received The product covered by the Order is Assistant Secretary for Enforcement and PC Strand from Thailand. Products All issues raised in this review, Compliance. subject to the order are currently including the likelihood of continuation Appendix classified in the Harmonized Tariff or recurrence of dumping in the event Schedule of the United States (HTSUS) of revocation and the magnitude of the List of Topics Discussed in the Issues and under item numbers 7312.10.3010 and Decision Memorandum margins likely to prevail if the orders 7312.10.3012. Although the HTSUS were revoked, are addressed in the I. Summary subheadings are provided for accompanying Issues and Decision II. Background convenience and customs purposes, the Memorandum, which is hereby adopted III. Scope of the Order IV. History of the Order written description of the merchandise by this notice. The Issues and Decision subject to this scope is dispositive. For Memorandum is a public document and V. Discussion of the Issues VI. Final Results of Sunset Review a full description of the scope of the is on file electronically via Enforcement VII. Recommendation Order, see the Preliminary Decision and Compliance’s Antidumping and Memorandum. Countervailing Duty Centralized [FR Doc. 2021–02347 Filed 2–3–21; 8:45 am] Electronic Service System (ACCESS). BILLING CODE 3510–DS–P Methodology ACCESS is available to registered users Commerce is conducting this review at http://access.trade.gov, and to all DEPARTMENT OF COMMERCE in accordance with sections 751(a)(1)(B) parties in the Central Records Unit, room B8024 of the main Commerce International Trade Administration 1 The petitioners are Insteel Wire Products building. In addition, a complete Company, Sumiden Wire Products Corporation, and version of the Issues and Decision [A–549–820] WMC Steel, LLC (collectively, the petitioners). 2 Memorandum can be accessed directly See Initiation of Antidumping and Prestressed Concrete Steel Wire Countervailing Duty Administrative Reviews, 84 FR at http://enforcement.trade.gov/frn/. Strand From Thailand: Preliminary 12200 (April 1, 2019). The signed Issues and Decision 3 Results of Antidumping Duty See Petitioners’ Letter, ‘‘Prestressed Concrete Memorandum and the electronic Steel Wire Strand from Thailand: Petitioners’ Administrative Review; 2018 version of the Issues and Decision Request for 2018 Administrative Review,’’ dated February 28, 2019. Memorandum are identical in content. AGENCY: Enforcement and Compliance, 4 See Memorandum, ‘‘Prestressed Concrete Steel Final Results of Sunset Review International Trade Administration, Wire Strand from Thailand: Extension of Deadline Department of Commerce. for Preliminary Results of Antidumping Duty Pursuant to sections 751(c)(1) and Administrative Review; 2018,’’ dated September 24, SUMMARY: The Department of Commerce 752(c)(1) and (3) of the Act, Commerce 2019. (Commerce) preliminarily finds that The 5 determines that revocation of the See Memorandum, ‘‘Decision Memorandum for Siam Industrial Wire Co., Ltd. (SIW) did the Preliminary Results of the 2018 Antidumping antidumping duty order on fish fillets not make sales of subject merchandise at Duty Administrative Review: Prestressed Concrete from Vietnam would likely lead to less than normal value (NV) during the Steel Wire Strand from Thailand,’’ dated concurrently with, and hereby adopted by, this continuation or recurrence of dumping period of review (POR) January 1, 2018 and that the magnitude of the margins notice (Preliminary Decision Memorandum). through December 31, 2018. Interested 6 is up to 63.88 percent. See Notice of Amended Final Determination of parties are invited to comment on these Sales at Less Than Fair Value and Antidumping preliminary results of review. Duty Order: Prestressed Concrete Steel Wire Strand 3 See Memorandum, ‘‘Issues and Decision from Thailand, 69 FR 4111 (January 28, 2004) Memorandum for the Final Results of the Expedited DATES: Applicable February 4, 2021. (Order); see also Prestressed Concrete Steel Wire Third Sunset Review of the Antidumping Duty FOR FURTHER INFORMATION CONTACT: Strand from Brazil, India, Japan, the Republic of Order on Certain Frozen Fish Fillets from the Korea, Mexico, and Thailand: Continuation of the Socialist Republic of Vietnam,’’ dated concurrently Brian Smith or Samantha Kinney, AD/ Antidumping Duty Finding/Orders and with, and hereby adopted by, this notice (Issues and CVD Operations, Office VIII, Countervailing Duty Order, 80 FR 22708 (April 23, Decision Memorandum). Enforcement and Compliance, 2015).
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8178 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
and (2) of the Tariff Act of 1930, as hearing must submit a written request to subject merchandise during the POR amended (the Act). Constructed export the Assistant Secretary for Enforcement produced by SIW for which SIW did not price is calculated in accordance with and Compliance, U.S. Department of know that the merchandise it sold to the section 772 of the Act. NV is calculated Commerce, filed electronically via intermediary (e.g., a reseller, trading in accordance with section 773 of the ACCESS within 30 days after the date of company, or exporter) was destined for Act. publication of this notice.13 Hearing the United States, we will instruct CBP For a full description of the requests should contain: (1) The party’s to liquidate unreviewed entries at the methodology underlying our name, address, and telephone number; all-others rate if there is no rate for the conclusions, see the Preliminary (2) the number of participants; and (3) intermediate company(ies) involved in Decision Memorandum. The a list of issues to be discussed. Issues the transaction.18 Preliminary Decision Memorandum is a raised in the hearing will be limited to We intend to issue instructions to public document and is available to the issues raised in the briefs. If a request CBP 15 days after the date of public via Enforcement and for a hearing is made, Commerce publication of the final results of this Compliance’s Antidumping and intends to notify parties of the time and review. Countervailing Duty Centralized date for the hearing to be held at the Cash Deposit Requirements Electronic Service System (ACCESS). U.S. Department of Commerce, 1401 ACCESS is available to registered users Constitution Avenue NW, Washington, The following deposit requirements at https://access.trade.gov, and is DC 20230.14 will be effective for all shipments of the available to all parties in the Central An electronically-filed document subject merchandise entered, or Records Unit, room B8024 of the main must be received successfully in its withdrawn from warehouse, for Commerce building. In addition, a entirety via ACCESS by 5 p.m. Eastern consumption on or after the publication complete version of the Preliminary Time on the established deadline. date of the final results of this administrative review, as provided by Decision Memorandum can be accessed Commerce intends to issue the final section 751(a)(2)(C) of the Act: (1) The directly at https:// results of this administrative review, cash deposit rate for SIW will be the rate enforcement.trade.gov/frn/index.htm. including the results of its analysis of established in the final results of this The signed and electronic versions of issues raised in any written briefs, not administrative review, except if the rate the Preliminary Decision Memorandum later than 120 days after the date of is less than 0.50 percent and, therefore, are identical in content. A list of the publication of this notice, unless de minimis within the meaning of 19 topics discussed in the Preliminary otherwise extended.15 CFR 351.106(c)(1), in which case the Decision Memorandum is attached as an Assessment Rates cash deposit rate will be zero; (2) for appendix to this notice. Upon publication of the final results companies not participating in this Preliminary Results of the Review of this administrative review, Commerce review, the cash deposit rate will continue to be the company-specific As a result of this review, Commerce shall determine, and U.S. Customs and cash deposit rate published for the most preliminarily determines that a Border Protection (CBP) shall assess, recently-completed segment of this weighted-average dumping margin of antidumping duties on all appropriate proceeding; (3) if the exporter is not a 0.00 percent exists for SIW for the entries covered by this review.16 firm covered in this review, a prior period January 1, 2018 through If SIW’s calculated weighted-average review, or the original less-than-fair- December 31, 2018.7 dumping margin is above de minimis (i.e., greater than or equal to 0.5 percent) value (LTFV) investigation, but the Disclosure and Public Comment in the final results of this review, we producer is, then the cash deposit rate will be the cash deposit rate established Commerce intends to disclose the will calculate importer-specific for the most recently completed segment calculations performed in connection assessment ad valorem rates based on of this proceeding for the producer of with these preliminary results to the ratio of the total amount of the merchandise; and (4) the cash interested parties within five days of the antidumping duties calculated for the deposit rate for all other producers or date of publication of this notice.8 importer’s examined sales and the total exporters will continue to be 12.91 Interested parties may submit case briefs entered value of the sales in accordance percent, the all-others rate established to Commerce no later than 30 days after with 19 CFR 351.212(b)(1). If SIW’s in the LTFV investigation.19 These the date of publication of this notice.9 weighted-average dumping margin deposit requirements, when imposed, Rebuttal briefs, limited to issues raised continues to be zero or de minimis, or shall remain in effect until further in the case briefs, may be filed not later the importer-specific assessment rate is notice. than five days after the date for filing zero or de minimis in the final results case briefs.10 Parties who submit case of review, we intend to instruct CBP to Notification to Importers briefs or rebuttal briefs in this liquidate the appropriate entries This notice serves as a preliminary 17 proceeding are encouraged to submit without regard to antidumping duties. reminder to importers of their with each argument: (1) A statement of The final results of this review shall responsibility under 19 CFR the issue; (2) a brief summary of the be the basis for the assessment of 351.402(f)(2) to file a certificate argument; and (3) a table of antidumping duties on entries of regarding the reimbursement of authorities.11 Case and rebuttal briefs merchandise covered by the final results antidumping duties prior to liquidation should be filed using ACCESS.12 of this review and for future deposits of of the relevant entries during this Pursuant to 19 CFR 351.310(c), estimated duties, where applicable. review period. Failure to comply with interested parties who wish to request a In accordance with our ‘‘automatic this requirement could result in assessment’’ practice, for entries of Commerce’s presumption that 7 See Preliminary Decision Memorandum. 8 13 See 19 CFR 351.224(b). See 19 CFR 351.310(c). 18 For a full discussion of this practice, see 9 See 19 CFR 351.309(c)(1)(ii). 14 See 19 CFR 351.310(d). Antidumping and Countervailing Duty Proceedings: 10 See 19 CFR 351.309(d). 15 See section 751(a)(3)(A) of the Act. Assessment of Antidumping Duties, 68 FR 23954 11 See 19 CFR 351.309(c)(2) and (d)(2). 16 See 19 CFR 351.212(b)(1). (May 6, 2003). 12 See 19 CFR 351.303. 17 See 19 CFR 351.106(c)(2). 19 See Order.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8179
reimbursement of antidumping duties antidumping duty order on pure (generally referred to as ‘‘pure’’ occurred and the subsequent assessment magnesium from China for the POR.1 magnesium); and of double antidumping duties. On July 15, 2019, in response to a timely (3) Products that contain 50% or request from the petitioner,2 and in Notification to Interested Parties greater, but less than 99.8% primary accordance with section 751(a) of the magnesium, by weight, and that do not We are issuing and publishing these Tariff Act of 1930, as amended (the Act), conform to ASTM specifications for preliminary results in accordance with and 19 CFR 351.221(c)(1)(i), we initiated alloy magnesium (generally referred to sections 751(a)(1) and 777(i) of the Act, an administrative review of the as ‘‘off–specification pure’’ magnesium). and 19 CFR 351.221(b)(4). antidumping duty order on pure ‘‘Off–specification pure’’ magnesium Dated: January 29, 2021. magnesium from China with respect to TMI/TMM.3 is pure primary magnesium containing Jeffrey I. Kessler, magnesium scrap, secondary Assistant Secretary for Enforcement and Scope of the Order magnesium, oxidized magnesium or Compliance. The product covered by this impurities (whether or not intentionally Appendix antidumping duty order is pure added) that cause the primary magnesium from China, regardless of magnesium content to fall below 99.8% List of Topics Discussed in the Preliminary by weight. It generally does not contain, Decision Memorandum chemistry, form or size, unless expressly individually or in combination, 1.5% or I. Summary excluded from the scope of the order. Pure magnesium is a metal or alloy more, by weight, of the following II. Background alloying elements: Aluminum, III. Scope of the Order containing by weight primarily the IV. Discussion of the Methodology element magnesium and produced by manganese, zinc, silicon, thorium, V. Currency Conversion decomposing raw materials into zirconium and rare earths. VI. Recommendation magnesium metal. Pure primary Excluded from the scope of the order [FR Doc. 2021–02344 Filed 2–3–21; 8:45 am] magnesium is used primarily as a are alloy primary magnesium (that BILLING CODE 3510–DS–P chemical in the aluminum alloying, meets specifications for alloy desulfurization, and chemical reduction magnesium), primary magnesium industries. In addition, pure magnesium anodes, granular primary magnesium DEPARTMENT OF COMMERCE is used as an input in producing (including turnings, chips and powder) magnesium alloy. Pure magnesium having a maximum physical dimension International Trade Administration encompasses products (including, but (i.e., length or diameter) of one inch or [A–570–832] not limited to, butt ends, stubs, crowns less, secondary magnesium (which has and crystals) with the following primary pure primary magnesium content of less Pure Magnesium From the People’s magnesium contents: than 50% by weight), and remelted Republic of China: Preliminary Results (1) Products that contain at least magnesium whose pure primary of Antidumping Duty Administrative 99.95% primary magnesium, by weight magnesium content is less than 50% by Review; 2018–2019 (generally referred to as ‘‘ultra pure’’ weight. magnesium) Magnesium Alloy’’ 4 and Pure magnesium products covered by AGENCY: Enforcement and Compliance, are thus outside the scope of the the order are currently classifiable International Trade Administration, existing antidumping orders on Department of Commerce. under Harmonized Tariff Schedule of magnesium from China (generally the United States (HTSUS) subheadings SUMMARY: The Department of Commerce referred to as ‘‘alloy’’ magnesium). 8104.11.00, 8104.19.00, 8104.20.00, (Commerce) is conducting the (2) Products that contain less than 8104.30.00, 8104.90.00, 3824.90.11, administrative review of the 99.95%, but not less than 99.8%, 3824.90.19 and 9817.00.90. Although antidumping duty order on pure primary magnesium, by weight the HTSUS subheadings are provided magnesium from the People’s Republic for convenience and customs purposes, of China (China), covering the period 1 See Antidumping or Countervailing Duty Order, the written description of the scope is May 1, 2018 through April 30, 2019. Finding, or Suspended Investigation; Opportunity dispositive. Commerce preliminarily determines to Request Administrative Review, 84 FR 18479 that Tianjin Magnesium International, (May 1, 2019). Preliminary Determination of No Co., Ltd. and Tianjin Magnesium Metal, 2 See US Magnesium LLC’s Letter, ‘‘Pure Shipments Magnesium from the People’s Republic of China: Co., Ltd. (collectively TMI/TMM) did Request for Administrative Review,’’ dated May 31, We received timely submissions from not have reviewable entries during the 2019. TMI/TMM certifying that they did not period of review (POR). We invite 3 See Initiation of Antidumping and interested parties to comment on these Countervailing Duty Administrative Reviews, 84 FR have sales, shipments, or exports of preliminary results. 33739 (July 15, 2019). In the 2011–2012 subject merchandise to the United administrative review of the order, Commerce States during the POR.5 On December DATES: Applicable February 4, 2021. collapsed TMM and TMI, and treated the 20, 2019, we requested the U.S. Customs FOR FURTHER INFORMATION CONTACT: companies as a single entity for purposes of the Kyle proceeding. Because there were no changes to the and Border Protection (CBP) data file of Clahane, AD/CVD Operations, Office III, facts which supported that decision since that entries of subject merchandise imported Enforcement and Compliance, determination was made, we continue to find that into the United States during the POR, International Trade Administration, these companies are part of a single entity for this administrative review. See Pure Magnesium from and exported by TMI/TMM. This query U.S. Department of Commerce, 1401 the People’s Republic of China: Final Results of Constitution Avenue NW, Washington, Antidumping Duty Administrative Review; 2011– 5 See TMI’s Letter, ‘‘Pure Magnesium from the DC 20230; telephone: (202) 482–5449. 2012, 79 FR 94 (January 2, 2014) and accompanying People’s Republic of China, A–570–832; No Issues and Decision Memorandum at Comment 5. Shipment Certification for Tianjin Magnesium Background 4 The meaning of this term is the same as that International Co., Ltd.,’’ dated August 7, 2019; see used by the American Society for Testing and also TMM’s Letter, ‘‘Pure Magnesium from the On May 1, 2019, Commerce published Materials (ATSM) in its Annual Book for ASTM People’s Republic of China, A–570–832; No a notice of opportunity to request an Standards: Volume 01.02 Aluminum and Shipment Certification for Tianjin Magnesium administrative review of the Magnesium Alloys. Metal Co., Ltd.,’’ dated August 7, 2019.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8180 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
returned no entries during the POR.6 address, and telephone number; (2) the Chinese exporters of subject Additionally, we sent an inquiry to CBP number of participants; and (3) a list of merchandise which have not received requesting that any CBP officer alert the issues parties intend to discuss. their own rate, the cash deposit rate will Commerce if he/she had information Issues raised in the hearing will be be the rate applicable to Chinese contrary to TMI/TMM’s no-shipments limited to those raised in the respective exporter(s) that supplied that non- claims.7 case and rebuttal briefs. If a request for Chinese exporter. These deposit Based on the available record a hearing is made, parties will be requirements, when imposed, shall information, and consistent with our notified of the time and date of the remain in effect until further notice. practice, we preliminarily determine hearing which will be held at the U.S. that TMI/TMM had no shipments and, Department of Commerce, 1401 Notification to Importers therefore, no reviewable entries during Constitution Avenue NW, Washington, This notice also serves as a the POR. In addition, we find it is not DC 20230. preliminary reminder to importers of appropriate to rescind the review with Unless extended, we intend to issue their responsibility under 19 CFR respect to these companies but, rather, the final results of this administrative 351.402(f)(2) to file a certificate to complete the review with respect to review, including our analysis of all regarding the reimbursement of TMI/TMM and issue appropriate issues raised in any written brief, within antidumping duties prior to liquidation instructions to CBP based on the final 120 days of publication of this notice in of the relevant entries during this results of the review, consistent with the Federal Register, pursuant to period. Failure to comply with this our practice in non-market economy section 751(a)(3)(A) of the Act. requirement may result in the 8 (NME) cases. Assessment Rates Secretary’s presumption that reimbursement of antidumping duties Public Comment Upon issuance of the final results, occurred and the subsequent assessment Interested parties may submit case Commerce will determine, and CBP of double antidumping duties. briefs no later than 30 days after the shall assess, antidumping duties on all This notice is issued in accordance date of publication of this notice in the appropriate entries covered by this 13 with sections 751(a)(1) and 777(i)(1) of Federal Register.9 Rebuttals to case review. We intend to issue assessment the Act, and 19 CFR 351.221(b)(4). briefs, which must be limited to issues instructions to CBP 15 days after the Dated: January 29, 2021. raised in the case briefs, must be filed publication date of the final results of within five days after the date for filing this review. Pursuant to Commerce’s Jeffrey I. Kessler, case briefs.10 Parties who submit practice in NME cases, if we continue to Assistant Secretary for Enforcement and arguments are requested to submit with determine in the final results that TMI/ Compliance. each argument (a) a statement of the TMM had no shipments of subject [FR Doc. 2021–02345 Filed 2–3–21; 8:45 am] issue, (b) a brief summary of the merchandise, any suspended entries of BILLING CODE 3510–DS–P argument, and (c) a table of subject merchandise during the POR authorities.11 Parties submitting briefs from TMI/TMM will be liquidated at the 14 should do so pursuant to Commerce’s China-wide rate. DEPARTMENT OF COMMERCE electronic filing system: Enforcement Cash Deposit Requirements National Oceanic and Atmospheric and Compliance’s Antidumping and The following cash deposit Administration Countervailing Duty Centralized requirements will be effective upon Electronic Service System (ACCESS).12 publication of the final results of this ACCESS is available to registered users [RTID 0648–XA711] administrative review for all shipments at https://access.trade.gov, and is of the subject merchandise entered, or Fisheries of the Exclusive Economic available to all parties in the Central withdrawn from warehouse, for Zone Off Alaska; Groundfish of the Records Unit, room B8024 of the main consumption on or after the publication Gulf of Alaska; Central Gulf of Alaska Commerce building. date, as provided for by section Rockfish Program Pursuant to 19 CFR 351.310(c), 751(a)(2)(C) of the Act: (1) For TMI/ interested parties who wish to request a TMM, which claimed no shipments, the AGENCY: National Marine Fisheries hearing must submit a written request to cash deposit rate will remain unchanged Service (NMFS), National Oceanic and the Assistant Secretary for Enforcement from the rate assigned to TMI/TMM in Atmospheric Administration (NOAA), and Compliance, U.S. Department of the most recently completed review of Commerce. Commerce within 30 days of the date of the company; (2) for previously ACTION: Notification of standard prices publication of this notice. Hearing investigated or reviewed Chinese and and fee percentage. requests should contain the following non-Chinese exporters who are not information: (1) The party’s name, under review in this segment of the SUMMARY: NMFS publishes the standard proceeding but who have separate rates, ex-vessel prices and fee percentage for 6 See Memorandum, ‘‘2018–2019 Administrative the cash deposit rate will continue to be cost recovery under the Central Gulf of Review of Pure Magnesium from the People’s Alaska (GOA) Rockfish Program Republic of China, U.S. Customs and Border the exporter-specific rate published for Protection Data,’’ dated January 28, 2020, at the most recent period; (3) for all (Rockfish Program). This action is Attachment 1. Chinese exporters of subject intended to provide participants in a 7 Id. at Attachment 2. merchandise that have not been found rockfish cooperative with the standard 8 See Glycine from the People’s Republic of to be entitled to a separate rate, the cash prices and fee percentage for the 2020 China: Final Results of Antidumping Duty fishing year, which was authorized from Administrative Review 2014–2015, 81 FR 72567 deposit rate will be the China-wide rate (October 20, 2016) and the ‘‘Assessment Rates’’ of 111.73 percent; and (4) for all non- May 1 through November 15. The fee section, below. percentage is 3.0 percent. The fee 9 See 19 CFR 351.309(c)(1)(ii). 13 See 19 CFR 351.212(b)(1). payments are due from each rockfish 10 See 19 CFR 351.309(d)(1) and (2). 14 For a full discussion of this practice, see Non- cooperative on or before February 15, 11 See 19 CFR 351.309(c)(2), (d)(2). Market Economy Antidumping Proceedings: 2021. 12 See 19 CFR 351.303 (for general filing Assessment of Antidumping Duties, 76 FR 65694 requirements). (October 24, 2011). DATES: Valid on: February 4, 2021.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8181
FOR FURTHER INFORMATION CONTACT: publish rockfish standard ex-vessel fishery value of the previous calendar Charmaine Weeks, 907–586–7231. values during the first quarter of each year. SUPPLEMENTARY INFORMATION: calendar year. The standard prices are Using the fee percentage formula described in U.S. dollars per pound for described above, the estimated Background rockfish primary and secondary species percentage of program costs to value for The rockfish fisheries are conducted CQ landings made during the previous the 2020 calendar year is 3.66 percent in Federal waters near Kodiak, AK, by year. of the standard ex-vessel value; trawl and longline vessels. Regulations however, the fee percentage amount Fee Percentage implementing the Rockfish Program are must not exceed 3 percent pursuant to set forth at 50 CFR part 679. Exclusive NMFS assesses a fee on the standard section 304(d)(2)(B) of the Magnuson- harvesting privileges are allocated as ex-vessel value of rockfish primary Stevens Act. Therefore, the 2020 fee quota share under the Rockfish Program species and rockfish secondary species percentage is adjusted to 3.00 percent. for rockfish primary and secondary CQ harvested by rockfish cooperatives The fee percentage for 2020 is species. Each year, NMFS issues in the Central GOA and waters adjacent equivalent to the 2019 fee percentage of rockfish primary and secondary species to the Central GOA when rockfish 3.00 percent (85 FR 3647, January 22, cooperative quota (CQ) to rockfish quota primary species caught by a cooperative 2020). Program costs for 2020 decreased shareholders to authorize harvest of are deducted from the Federal total in comparison to 2019 costs, however, these species. The rockfish primary allowable catch. The rockfish entry level the value of the fishery decreased by species are northern rockfish, Pacific longline fishery and trawl vessels that 26.2 percent resulting in a higher fee ocean perch, and dusky rockfish. In opt out of joining a cooperative are not percentage prior to adjustments. The 2012, dusky rockfish replaced the subject to cost recovery fees because majority of the 2020 costs were a result pelagic shelf rockfish species group in those participants do not receive of direct personnel and contract costs. the GOA Groundfish Harvest rockfish CQ. Specific details on the Specifications (77 FR 15194, March 14, Rockfish Program’s cost recovery TABLE 1—STANDARD EX-VESSEL 2012). The rockfish secondary species provision may be found in the PRICES BY SPECIES FOR THE 2020 implementing regulations set forth at include Pacific cod, rougheye rockfish, ROCKFISH PROGRAM SEASON IN KO- shortraker rockfish, sablefish, and § 679.85. DIAK, ALASKA thornyhead rockfish. Rockfish NMFS informs—by letter—each cooperatives began fishing under the rockfish cooperative of the fee Standard percentage applied to the previous Rockfish Program on May 1, 2012. Species Period ending ex-vessel year’s landings and the total amount price per The Rockfish Program is a limited pound access privilege program established due. Fees are due on or before February under the provisions of section 303A of 15 of each year. Failure to pay on time Dusky rockfish * ...... May 31 ...... $0.13 the Magnuson-Stevens Fishery will result in the permit holder’s June 30 ...... 0.13 rockfish quota share becoming non- July 31 ...... 0.13 Conservation and Management Act August 31 ..... 0.13 (Magnuson-Stevens Act). Sections 303A transferable, and the person will be September 30 0.13 and 304(d) of the Magnuson-Stevens Act ineligible to receive any additional October 31 .... 0.13 require NMFS to collect fees to recover rockfish quota share by transfer. In November 30 0.13 Northern rockfish ...... May 31 ...... 0.13 the actual costs directly related to the addition, cooperative members will not June 30 ...... 0.13 management, data collection and receive any rockfish CQ the following July 31 ...... 0.13 analysis, and enforcement of any year until full payment of the fee is August 31 ..... 0.13 limited access privilege program. received by NMFS. September 30 0.13 NMFS calculates and publishes in the October 31 .... 0.13 Therefore, NMFS is required to collect November 30 0.13 fees for the Rockfish Program under Federal Register the fee percentage in Pacific cod ...... May 31 ...... 0.35 sections 303A and 304(d)(2) of the the first quarter of each year according June 30 ...... 0.35 Magnuson-Stevens Act. Section to the factors and methods described in July 31 ...... 0.35 Federal regulations at § 679.85(c)(2). August 31 ..... 0.35 304(d)(2) of the Magnuson-Stevens Act September 30 0.35 also limits the cost recovery fee so that NMFS determines the fee percentage October 31 .... 0.35 it may not exceed 3 percent of the ex- that applies to landings made in the November 30 0.35 vessel value of the fish harvested under previous year by dividing the total Pacific ocean perch .. May 31 ...... 0.13 Rockfish Program management, data June 30 ...... 0.13 the Rockfish Program. July 31 ...... 0.13 collection and analysis, and August 31 ..... 0.13 Standard Prices enforcement costs (direct program costs) September 30 0.13 NMFS calculates cost recovery fees during the previous year by the total October 31 .... 0.12 November 30 0.12 based on standard ex-vessel value standard ex-vessel value of the rockfish Rougheye rockfish ... May 31 ...... 0.20 prices, rather than actual price data primary species and rockfish secondary June 30 ...... 0.20 provided by each rockfish CQ holder. species for all rockfish CQ landings July 31 ...... 0.20 Use of standard ex-vessel prices is made during the previous year (fishery August 31 ..... 0.20 September 30 0.20 allowed under sections 303A and value). NMFS captures the direct October 31 .... 0.20 304(d)(2) of the Magnuson-Stevens Act. program costs through an established November 30 0.21 NMFS generates a standard ex-vessel accounting system that allows staff to Sablefish ...... May 31 ...... 0.55 price for each rockfish primary and track labor, travel, contracts, rent, and June 30 ...... 0.56 July 31 ...... 0.57 secondary species on a monthly basis to procurement. Fee collections in any August 31 ..... 0.57 determine the average price paid per given year may be less than or greater September 30 0.57 pound for all shoreside processors than the direct program costs and October 31 .... 0.67 receiving rockfish primary and fishery value for that year, as the fee November 30 0.51 Shortraker rockfish ... May 31 ...... 0.24 secondary species CQ. percentage is established by regulation June 30 ...... 0.25 Regulations at 50 CFR 679.85(b)(2) in the first quarter of the calendar year July 31 ...... 0.25 require the Regional Administrator to based on the program costs and the August 31 ..... 0.25
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8182 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
TABLE 1—STANDARD EX-VESSEL monitoring services with any of the at-sea and electronic monitoring PRICES BY SPECIES FOR THE 2020 approved service providers for fishing services: A.I.S., Inc.; East West ROCKFISH PROGRAM SEASON IN KO- years 2021 and 2022. Technical Services, LLC; Fathom DIAK, ALASKA—Continued ADDRESSES: The list of NMFS-approved Research, LLC; and Saltwater, Inc. sector monitoring service providers is NMFS approved the other two Standard available at: https:// companies to provide electronic ex-vessel Species Period ending price per www.fisheries.noaa.gov/resource/data/ monitoring services: Flywire Cameras pound observer-providers-northeast-and-mid- and Teem Fish. atlantic-programs. September 30 0.25 We approved these six companies to October 31 .... 0.24 FOR FURTHER INFORMATION CONTACT: provide at-sea and/or electronic November 30 0.25 Claire Fitz-Gerald, Fishery Policy monitoring services in fishing years Thornyhead rockfish May 31 ...... 0.31 Analyst, (978) 281–9255, email June 30 ...... 0.20 2021 and 2022 because they have met July 31 ...... 0.22 [email protected]. the application requirements and August 31 ..... 0.22 SUPPLEMENTARY INFORMATION: The documented their ability to comply with September 30 0.22 Northeast Multispecies Fishery service provider standards. In addition, October 31 .... 0.08 November 30 0.22 Management Plan includes a A.I.S., Inc., East West Technical requirement for industry-funded Services, LLC, and Fathom Research, * The pelagic shelf rockfish species group has been changed to ‘‘dusky rockfish.’’ monitoring of catch by sector vessels. LLC are currently approved to provide Sectors must contract with independent at-sea monitoring services to sectors in Authority: 16 U.S.C. 773 et seq.; 1801 et third-party service providers to provide fishing years 2019 and 2020 and have a seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. at-sea and/or electronic monitoring history of meeting or exceeding the 111–281. services to their vessels. In order to requirements of the at-sea monitoring Dated: February 1, 2021. provide at-sea or electronic monitoring program in the region. We will closely Jennifer M. Wallace, services to sectors, monitoring monitor the performance of approved Acting Director, Office of Sustainable companies must apply to, and be providers, and we will withdraw Fisheries, National Marine Fisheries Service. approved by, NMFS. Once approved, approval during the current approval [FR Doc. 2021–02334 Filed 2–3–21; 8:45 am] service providers must meet specified term, or disapprove a provider in future BILLING CODE 3510–22–P performance requirements outlined in fishing years, if we determine 50 CFR 648.87(b)(4), including required performance standards are not being coverage levels, in order to maintain met. eligibility. DEPARTMENT OF COMMERCE We received applications from two At-Sea and Electronic Monitoring National Oceanic and Atmospheric additional companies, but need further Service Provider Approval Process Administration information before their application is Applications approved this year will sufficiently complete for us to make an [RTID 0648–XA758] cover both fishing year 2021 and fishing approval determination. Typically, we engage in an iterative process with Magnuson-Stevens Act Provisions; year 2022 (May 1, 2021 through April 30, 2023). There will be an opportunity provider companies to assist them in Fisheries of the Northeastern United assembling and submitting a complete States; Northeast Multispecies in the fall of 2021 for additional monitoring companies to apply for application for our consideration. Fishery; Approved Monitoring Service Because this is our first time approving Providers approval to provide at-sea and electronic monitoring services in fishing electronic monitoring companies to AGENCY: National Marine Fisheries year 2022. provider monitoring services, we are Service (NMFS), National Oceanic and The regulations at § 648.87(b)(4) continuing to work with these Atmospheric Administration (NOAA), describe the criteria for approval of at- companies to help them through this Commerce. sea and electronic monitoring service process. In the meantime, we are ACTION: Notification of approved providers. We approve service providers continuing with the approval process monitoring service providers. based on: (1) Completeness and for the providers that have submitted sufficiency of applications; and (2) complete applications and SUMMARY: NMFS has approved six determination of the applicant’s ability demonstrated their ability to meet companies to provide Northeast to meet the performance requirements of program requirements. Moving forward multispecies sector at-sea and/or a sector monitoring service provider. We with notification of our approval of the electronic monitoring services in fishing must notify service providers, in completed applications while years 2021 and 2022. Regulations writing, if NMFS withdraws approval continuing to work with the two implementing the Northeast for any reason. remaining applicants is necessary to Multispecies Fishery Management Plan allow sectors sufficient time to negotiate require at-sea and electronic monitoring Approved Monitoring Service Providers monitoring contracts for the upcoming companies to apply to, and be approved NMFS approved six companies to fishing year. If we subsequently decide by, NMFS in order to be eligible to provide monitoring services to the to approve these companies, we will provide monitoring services to sectors. Northeast multispecies sectors in fishing publish an additional notice in the This action will allow sectors to years 2021 and 2022. Four of the six Federal Register announcing our contract for at-sea and electronic companies are approved to provide both decision.
TABLE 1—APPROVED PROVIDERS FOR FISHING YEARS 2021 AND 2022
Provider Services * Address Phone Fax Website
A.I.S., Inc .. ASM/EM ...... 540 Hawthorn St., Dart- 508–990–9054 508–990–9055 https://aisobservers.com/ mouth, MA 02747.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8183
TABLE 1—APPROVED PROVIDERS FOR FISHING YEARS 2021 AND 2022—Continued
Provider Services * Address Phone Fax Website
East West ASM/EM ...... 91 Point Judith Rd., 860–910–4957 860–223–6005 https://www.ewts.com/ Technical Unit 347, Narragan- Services, sett, RI 02882. LLC. Fathom Re- ASM/EM ...... 855 Aquidneck Ave., 508–990–0997 508–991–7372 https://fathomresources.com/ sources, Unit 9, Middletown, LLC. RI 02842. Flywire EM ...... PO BOX 55048, Lex- 888–315–7796 502–861–6568 https://www.flywirecameras.com/ Cameras. ington, KY 40511. Saltwater, ASM/EM ...... 733 N St., Anchorage, 907–276–3241 907–258–5999 https://www.saltwaterinc.com/ Inc. AK 99501. Teem Fish EM ...... 90–425 Carrall St., Van- 778–884–2598 ...... https://teem.fish/ couver, BC V6B 6E3 Canada. * ASM/EM = At-sea and electronic monitoring; EM = Electronic monitoring only.
Authority: 16 U.S.C. 1801 et seq. examiners in all designated partner IP likelihood of inconsistencies in Dated: January 29, 2021. offices will have a more comprehensive patentability determinations (not Jennifer M. Wallace, set of prior art references to consider predicated upon differences in national Acting Director, Office of Sustainable when making initial patentability patent laws) between IP offices. The Fisheries, National Marine Fisheries Service. determinations. The Expanded CSP USPTO has launched numerous [FR Doc. 2021–02336 Filed 2–3–21; 8:45 am] allows the USPTO to study the impact worksharing pilot programs, including on examination processes of exchanges both the Initial and Expanded versions BILLING CODE 3510–22–P of search results between the USPTO of CSP with the JPO and the KIPO. In and multiple partner IP offices prior to the Initial CSP, the participating offices DEPARTMENT OF COMMERCE formulating and issuing office actions. implemented administrative procedures DATES: Under the Expanded CSP, the to facilitate worksharing between the Patent and Trademark Office USPTO and partner IP offices will each USPTO and a single designated partner IP office in the form of sharing search [Docket No.: PTO–P–2020–0062] continue to accept requests to participate beyond November 1, 2020, results of related counterpart Expanded Collaborative Search Pilot until October 31, 2022. Each IP office applications. Feedback from the Program Extension will not grant more than 400 requests completed Initial CSP and the current per year per partner office. The offices Expanded CSP showed sufficiently AGENCY: United States Patent and may extend the pilot program (with or positive benefits to justify extending the Trademark Office, Department of without modification) if they deem it CSP an additional two years to continue Commerce. appropriate. Each office reserves the to permit worksharing between the ACTION: Notice. right to withdraw from the program at USPTO and more than one designated any time. partner IP office for the corresponding SUMMARY: The United States Patent and U.S. application. Trademark Office (USPTO) has FOR FURTHER INFORMATION CONTACT: The USPTO will continue to extended the Expanded Collaborative Inquiries regarding the handling of any cooperate in the Expanded CSP to Search Pilot (CSP) program, originally specific application participating in the determine whether exchanging the running from November 2017 through pilot may be directed to Nelson Yang, results from searches independently October 2020, an additional two years. Senior Advisor, International Patent performed by multiple IP offices, which The Expanded CSP program, conducted Business Solutions, Office of occur substantially simultaneously, also with the Japan Patent Office (JPO) and International Patent Cooperation, by increases the efficiency and quality of the Korean Intellectual Property Office phone at 571–272–0826. Any inquiries patent examination. The Expanded CSP (KIPO), builds on the success of the regarding this pilot program can be is designed so that this exchange of initial CSP program, taking advantage of emailed to [email protected]. Inquiries search results would occur prior to the improvements in patent quality and concerning this notice may be directed IP offices making initial patentability examination pendency. With the to Anthony Smith, Attorney-Advisor, determinations. The current partner IP Expanded CSP, applicants may request International Patent Legal offices for the Expanded CSP remain the that multiple partnering intellectual Administration, by phone at 571–272– JPO and the KIPO. The USPTO will property (IP) offices exchange search 3298. announce future partner IP offices when results for their counterpart applications SUPPLEMENTARY INFORMATION: they are designated. prior to formulating and issuing their Currently, applicants in the USPTO office actions. Each designated partner I. Background having U.S. applications with claims of IP office independently conducts a prior The USPTO is continually looking for foreign priority may have search results art search for its corresponding ways to improve the quality of issued and prior art cited to them by the counterpart application. The search patents and to promote worksharing foreign IP office during pendency of results are then exchanged between the with other IP offices throughout the their U.S. applications. Often, designated partner IP office(s), world. Worksharing benefits applicants applicants submit the prior art after including the USPTO, before any IP by promoting compact prosecution, examination on the merits is already office issues an office action. With this reducing pendency, and supporting underway in their U.S. application. exchange of search results, the patent quality by reducing the Upon evaluation of the search results
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8184 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
and cited prior art, the U.S. examiner II. Overview of the Expanded CSP will become of record in the USPTO may determine that the prior art cited by An application must meet all the application and will be listed on Form the foreign office is relevant to requirements set forth in section III of PTO–892, and the examiner will patentability and merits being used in this notice to be accepted into the consider the references, thereby further examination before making a Expanded CSP. Applicants must file a reducing the burden on the applicant to final determination on patentability of Petition to Make Special Under the file an Information Disclosure Statement the pending claims. This delay caused Expanded Collaborative Search Pilot (IDS). If the references cited by any by further examination results in Program using Form PTO/SB/437 via partner IP office are not already of additional costs to applicants and the EFS-web or Patent Center in a U.S. record in the USPTO application and USPTO that could have been avoided if application. Use of the form is the applicant wants to ensure that the examiner considers the references, then the U.S. examiner was in possession of mandatory and will assist applicants in the applicant should file an IDS that the foreign office’s search results before complying with the pilot program’s includes a copy of the initial commencing examination of the U.S. requirements, as well as aid the USPTO determination on patentability, along application. Furthermore, in light of the in quickly identifying participating with copies of any missing or newly USPTO’s various expedited examination applications. Form PTO/SB/437 is cited references in accordance with 37 programs, the possibility exists that a available at www.uspto.gov/ CFR 1.97, 37 CFR 1.98, and the Manual U.S. application may reach final CollaborativeSearch. The collection of of Patent Examining Procedure (MPEP) disposition before the applicant is in information involved in this pilot sec. 609.04(a)–(b). See also MPEP secs. receipt of a foreign office’s search program has been reviewed and 609 and 2001.06(a). results. The exchange of search results previously approved by OMB under between IP offices before an initial Each office may reevaluate the control number 0651–0079, and is workload and resources needed to determination on patentability should available at OMB’s Information increase efficiency and promote patent administer the Expanded CSP at any Collection Review website, time. The USPTO will provide notice of examination quality. www.reginfo.gov/public/do/PRAMain. In order to study the benefits of the any substantive changes to the program The USPTO is not resubmitting the (including early termination of the exchange of search results between 0651–0079 information collection to multiple IP offices, current USPTO program) at least 30 days prior to the OMB for its review and approval implementation of any changes. examination practice is modified for because this notice does not affect the applications in the Expanded CSP so information collection requirements III. Requirements for Participation in that a search will be conducted and associated with the information the Expanded CSP search results generated without collection. The following requirements must be issuance of an Office action. The U.S. In addition to a petition being filed satisfied for a petition under the applications in the Expanded CSP are with the USPTO, a request must also be Expanded CSP to be granted: ‘‘made special’’ pursuant to USPTO filed in the corresponding counterpart (1) The application must be a non- procedures to ensure that they are applications in each applicant- reissue, non-provisional utility contemporaneously searched with their designated partner IP office, in application filed under 35 U.S.C. 111(a), corresponding counterpart applications. accordance with the requirements of or an international application that has In the original version of the CSP, the that office. (Partner IP offices may entered the national stage in compliance USPTO required the use of the First require a petition or a request; therefore, with 35 U.S.C. 371, where the effective Action Interview Pilot Program (FAI), for purposes of this notice, usage of the filing date of any claimed invention is which separated the prior art search term ‘‘request’’ refers to the initial no earlier than March 16, 2013. For from the issuance of an Office action. submission that a partner IP office corresponding counterpart applications The USPTO determined that it is requires to initiate participation in the filed in accordance with the agreement unnecessary to require applicants Expanded CSP.) As each partner IP between the USPTO and the KIPO only, participating in the Expanded CSP to office’s conditions for entry may differ, plant applications filed under 35 U.S.C. use FAI procedures. Instead, applicants should review the 161 are also eligible. The U.S. applications in the Expanded CSP are requirements of the relevant partner IP application and all corresponding accorded special status before the first offices to ensure compliance. counterpart applications must have a action on the merits (FAOM), and prior No fee for a petition to make special common earliest priority date that is no art references provided through the under 37 CFR 1.102 is required for earlier than March 16, 2013. The exchange of search results will be participation in the Expanded CSP. disclosures of the U.S. application and included in the FAOM. New patent applications are normally all counterpart applications must In the United States, the Expanded taken up for examination in the order of support the claimed subject matter as of CSP requires a petition to make special their U.S. filing date. Applications a common date. The U.S. application for the participating application and accepted into the Expanded CSP receive must be complete and eligible to receive authorization to exchange information expedited processing by being granted a filing receipt at the time the petition with the designated partner IP office(s) special status and taken out of turn until is filed. prior to an initial determination of issuance of an FAOM, but they will not (2) A completed petition, Form PTO/ patentability. As this worksharing maintain special status thereafter. SB/437, must be filed in the application program is operating under a common Designated partner IP offices and the via EFS-Web or Patent Center. Form framework across all agreements USPTO share search results before the PTO/SB/437 is available at between the USPTO and the partner issuance of an initial determination on www.uspto.gov/patents-getting-started/ offices, it is permissible to participate in patentability. Participants in the international-protection/collaborative- the Expanded CSP with multiple Expanded CSP should review the search-pilot-program-csp. Based on the partner offices simultaneously, and the references cited in each respective agreements between the USPTO and the program is open to adding more partner office’s initial determination on partner IP offices, a separate petition to IP offices once appropriate agreements patentability. The references cited in the make special must be filed in the U.S. are in place. initial search by any partner IP office application for each partner IP office
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8185
that the applicant designates. The into the Expanded CSP. The request for For a U.S. application that contains petition (Form PTO/SB/437) includes: participation filed in the corresponding more than 3 independent claims or 20 (A) An express written consent under counterpart application(s) for the total claims, or any multiple dependent 35 U.S.C. 122(c) for the USPTO to Expanded CSP must be granted by at claims, applicants may file a accept and consider prior art references least one of the designated partner IP preliminary amendment, in compliance and comments from each designated offices in order to participate in the with 37 CFR 1.121, to cancel the excess partner IP office during the examination Expanded CSP. claims and/or the multiple dependent of the U.S. application; (5) The petition submission must claims to make the application eligible (B) Written authorization for the include a claims correspondence table, for the Expanded CSP. USPTO to provide to the designated which, at a minimum, must establish partner IP office access to the ‘‘substantial corresponding scope’’ IV. Treatment of a Petition participating U.S. application’s between all independent claims present As discussed in section III, the bibliographic data and search results in in the U.S. application and the number of petitions to make special accordance with 35 U.S.C. 122(a) and 37 corresponding counterpart filed in the U.S. application must equal CFR 1.14(c); and application(s) filed in the designated the number of designated partner IP (C) A statement that the applicant partner IP office(s). The claims offices where a corresponding agrees not to file a request for a refund correspondence table must individually counterpart application has been filed. of the search fee and any excess claim list the claims of the instant U.S. At least one designated partner office fee paid in the application after the application and correlate them to the must grant the request in order for that mailing of the decision on the petition claims of the corresponding counterpart application and the counterpart U.S. to join the Expanded CSP. (Note: Any application having a substantially application to participate in the petition for express abandonment under corresponding scope. Claims are Expanded CSP. 37 CFR 1.138(d) to obtain a refund of considered to have a ‘‘substantially If examination commences in either the search fee and excess claim fee filed corresponding scope’’ when, after the U.S. application or a given after the mailing of a decision on the accounting for differences due to claim designated corresponding counterpart petition will be granted, but the fees format requirements, the scope of the will not be refunded.) application before either the petition or corresponding claims in the request is filed, then that combination of (3) Petitions must be filed before corresponding counterpart examination has commenced. U.S. application and designated application(s) would either anticipate or corresponding counterpart application Examination may commence at any time render obvious the subject matter cannot participate in the Expanded CSP. after an application has been assigned to recited under U.S. law. Additionally, Applicants are advised that, even if they an examiner. Petitions should preferably claims in the U.S. application that timely file a request with a designated be filed before the application has been introduce a new/different category of partner office, if the USPTO is not assigned to an examiner to ensure that claims than those presented in the informed by the designated partner the USPTO does not examine the corresponding counterpart office of the filing of the request in the application before recognizing the application(s) are not considered to corresponding counterpart application petition. Therefore, applicants should substantially correspond. For example, within 20 days of a petition filing with check the status of the application using where the corresponding counterpart the USPTO, then the USPTO may the Patent Application Information and application(s) contain only claims Retrieval (PAIR) system or Patents relating to a process of manufacturing a initially dismiss the petition. In such a Center to see if the application has been product, any product claims in the U.S. situation, the applicant may request assigned to an examiner. If the application are not considered to reconsideration, as discussed in item B, application has been assigned to an substantially correspond, even if the below. examiner, the applicant should contact product claims are dependent on A. Petition Grant by the USPTO: Once the examiner to confirm that the process claims that do substantially a determination is made that all the application has not been taken up for correspond to claims in the requirements of section III of this notice examination and inform the examiner corresponding counterpart are satisfied, the USPTO petition will be that a petition to participate in the application(s). Applicants may file a granted and the application will be Expanded CSP is being filed. Following preliminary amendment, in compliance placed on the examiner’s special docket this guidance will minimize delays with 37 CFR 1.121, to amend the claims until an FAOM is issued. The USPTO caused by remedial corrective action of the U.S. application to satisfy this and the designated partner IP office(s) when a petition is not recognized before requirement when attempting to make will then have four months to provide examination commences. Further, the U.S. application eligible for the search results. As a result, once the examination must not have commenced program. A translated copy of the claims USPTO grants the petition, the in the identified corresponding in English for each counterpart applicant will no longer have a right to counterpart application(s) before each application is required if the application file a preliminary amendment that designated partner IP office when filing in the designated partner IP office(s) is amends the claims. Any preliminary petitions requesting participation in the not publicly available in English. A amendment filed after the petition is U.S. application. machine translation is sufficient. Non- granted and before issuance of an (4) The petition filed in the USPTO corresponding claims need not be listed. FAOM amending the claims will not be and any request filed in a designated (6) The U.S. application must contain entered unless approved by the partner IP office must be filed within 15 3 or fewer independent claims and 20 examiner. After the petition is granted days of each other. If the petition and or fewer total claims. The U.S. and before issuance of the FAOM, the request(s) are not filed within 15 days application must not contain any applicant may still submit preliminary of each other, the applicant runs the risk multiple dependent claims; the amendments to the specification that do of one of the pending applications being corresponding counterpart application not affect the claims. All such acted upon by an examiner before entry may contain multiple dependent claims, submissions for the participating U.S. into the pilot program, which will result in accordance with the national practice application must be filed via EFS-Web in the applications being denied entry of the partner IP office where it is filed. or Patent Center.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8186 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
B. Petition Dismissal by the USPTO: If record of the telephonic interview, comment period associated with the the applicant files an incomplete Form including the restriction or lack of unity notice. PTO/SB/437, or if an application requirement and the applicant’s DATES: The system of records, CIGIE–5, accompanied by Form PTO/SB/437 does election, in the FAOM. Applicants are appearing in the Federal Register of not comply with the requirements set strongly encouraged to ensure that January 27, 2021, in FR Doc. 2021– forth in this notice, the USPTO will applications submitted for the 01429, will become effective without notify the applicant of the deficiencies Expanded CSP are written in such a way further notice on March 8, 2021 unless by dismissing the petition, and the that they claim a single, independent, comments are received that would applicant will be given a single and distinct invention. The applicant is result in a contrary determination. opportunity to correct the deficiencies. responsible for ensuring that the same If the applicant still wishes to invention is elected in both the United FOR FURTHER INFORMATION CONTACT: participate in the pilot program, the States and all corresponding counterpart Virginia Grebasch, Senior Counsel, applicant must make appropriate applications for concurrent treatment in Pandemic Response Accountability corrections within 1 month or 30 days the Expanded CSP. Committee, Council of the Inspectors of the mailing date of the dismissal General on Integrity and Efficiency, decision, whichever is longer. The time VI. First Action on the Merits (FAOM) (202) 292–2600 or [email protected]. period for reply is not extendable under During examination, the USPTO SUPPLEMENTARY INFORMATION: 37 CFR 1.136(a). If the applicant timely examiner will consider all exchanged Correction files a response to the dismissal search results and all references decision correcting all the noted submitted by the applicant in In the Federal Register of January 27, deficiencies without introducing any accordance with 37 CFR 1.97 and 1.98. 2021, in FR Doc. 2021–01429, on page new deficiencies, the USPTO will grant Search results that are not received by 7280, in the third column, correct the the petition if a grantable request has the USPTO within four months from the ADDRESSES caption to read: been filed in a corresponding date the petition was granted may not be ADDRESSES: Submit comments counterpart application. If the applicant included in the FAOM. The examiner identified by ‘‘CIGIE–5’’ by any of the fails to correct the noted deficiencies will prepare and issue an Office action following methods: within the time period set forth, the and notify the applicant if any 1. Mail: Council of Inspectors General USPTO may dismiss the petition and designated partner IP office did not on Integrity and Efficiency, 1717 H notify the designated partner IP provide search results prior to the Street NW, Suite 825, Washington, DC office(s). The U.S. application will then issuance of the Office action. Once an 20006. Attn: Virginia Grebasch/CIGIE–5, be taken up for examination in FAOM issues, the application will no Notice of New System of Records. accordance with standard examination longer be treated as special under the 2. Email: [email protected]. procedures, unless designated special in Expanded CSP. accordance with another established Dated: February 1, 2021. procedure (e.g., Request for Prioritized Andrew Hirshfeld, Allison C. Lerner, Examination, Petition to Make Special Performing the Functions and Duties of the Chairperson of the Council of the Inspectors Based on Applicant’s Age). Under Secretary of Commerce for Intellectual General on Integrity and Efficiency. C. Withdrawal of a Petition: An Property and Director of the United States [FR Doc. 2021–02338 Filed 2–3–21; 8:45 am] application can be withdrawn from the Patent and Trademark Office. BILLING CODE P pilot program only by filing a request to [FR Doc. 2021–02342 Filed 2–3–21; 8:45 am] withdraw the petition to participate in BILLING CODE 3510–16–P the pilot program prior to the issuance DEPARTMENT OF EDUCATION of a decision granting the petition. Once the petition for participation in the pilot COUNCIL OF THE INSPECTORS Applications for New Awards; program has been granted, withdrawal GENERAL ON INTEGRITY AND Fulbright-Hays Doctoral Dissertation from the pilot program is not permitted. EFFICIENCY Research Abroad Program V. Requirement for Restriction AGENCY: Office of Postsecondary Privacy Act of 1974; System of Education, Department of Education. The claims must be directed to a Records; Correction; Extension of single invention. If the examiner Comment Period ACTION: Notice. determines that not all the claims presented are directed to a single AGENCY: Council of the Inspectors SUMMARY: The Department of Education invention, the telephone restriction General on Integrity and Efficiency is issuing a notice inviting applications practice set forth in MPEP sec. 812.01 (CIGIE). for fiscal year (FY) 2021 for the Fulbright-Hays Doctoral Dissertation will be followed. The applicant must ACTION: Notice; correction; extension of Research Abroad (DDRA) Program, make an election without traverse comment period. during the telephonic interview. If the Assistance Listing Number 84.022A. applicant refuses to make an election SUMMARY: CIGIE published a notice in This notice relates to the approved without traverse, or if the examiner the Federal Register on January 27, information collection under OMB cannot reach the applicant after a 2021, proposing to establish a system of control number 1840–0005. reasonable effort (i.e., three business records that is subject to the Privacy Act DATES: days), the examiner will treat the first of 1974 entitled, ‘‘PRAC Data Applications Available: February 4, claimed invention (the group of claim 1) Warehouse System (PDWS)—CIGIE–5’’ 2021. as constructively elected without (CIGIE–5). In that document, CIGIE Deadline for Transmittal of traverse for examination and include a erroneously stated that comments could Applications: April 5, 2021. basis for the restriction or lack of unity be made through the Federal Pre-Application Webinar information: requirement in the FAOM. When a Rulemaking Portal: http:// The Department will hold a pre- telephonic election is made, the www.regulations.gov. This notice application meeting via webinar for examiner will provide a complete corrects that error and extends the prospective applicants. Detailed
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8187
information regarding this webinar will three points to an application that meets Project Period: The institutional be provided on the Doctoral Dissertation Competitive Preference Priority 2 (up to project period is 18 months. Students Research Abroad website at https:// 7 additional points possible). These may request funding for a period of no www2.ed.gov/programs/iegpsddrap/ priorities are: less than six months and no more than applicant.html. Additionally, for new Competitive Preference Priority 1— 12 months. potential grantees unfamiliar with Focus on Less Commonly Taught III. Eligibility Information grantmaking at the Department, please Languages (4 points). consult our funding basics resources at A research project that focuses on any 1. Eligible Applicants: Institutions of https://www2.ed.gov/documents/ modern foreign language except French, higher education (IHEs). As part of the funding-101/funding-101-basics.pdf. German, or Spanish. application process, however, eligible ADDRESSES: The addresses pertinent to Competitive Preference Priority 2— students submit their individual this competition—including the Thematic Focus on Academic Fields (3 research narratives and forms to their addresses for obtaining and submitting points). home IHE. The IHE compiles all of the an application—can be found under A research project conducted in the student applications for inclusion in the grant application that the institution SUPPLEMENTARY INFORMATION. field of science, technology, submits electronically to the FOR FURTHER INFORMATION CONTACT: engineering, mathematics, computer Dr. Department through the G–5 system. Pamela J. Maimer, U.S. Department of science, education (comparative or international), international 2. Cost Sharing or Matching: This Education, 400 Maryland Avenue SW, program does not require cost sharing or Room 258–24, Washington, DC 20202. development, political science, public health, or economics. matching. Telephone: (202) 453–6891. Email: 3. Subgrantees: A grantee under this [email protected]. Note: Applicants that address Competitive competition may not award subgrants to If you use a telecommunications Preference Priority 2 must intend to engage entities to directly carry out project device for the deaf (TDD) or a text in dissertation research abroad in modern activities described in its application. telephone (TTY), call the Federal Relay foreign languages and area studies with a 4. Other: Under 34 CFR 662.22(b), no Service (FRS), toll free, at 1–800–877– thematic focus on any one of the academic fields referenced above. student applicant may receive a grant 8339. from the Fulbright U.S. Student Program SUPPLEMENTARY INFORMATION: Program Authority: 22 U.S.C. (FUSP) and a grant from the Fulbright- 2452(b)(6). Hays DDRA Fellowship Program Full Text of Announcement Note: Projects must be awarded and concurrently. For this reason, when I. Funding Opportunity Description operated in a manner consistent with the applying for a grant under the Fulbright- Purpose of Program: The Fulbright- nondiscrimination requirements contained in Hays DDRA Fellowship Program, the the U.S. Constitution and the Federal civil student must indicate in their Hays DDRA Fellowship Program rights laws. provides opportunities to doctoral application whether he or she has also candidates to engage in dissertation Applicable Regulations: (a) The applied for a FUSP grant. If, at any time research abroad in modern foreign Education Department General during the U.S. Department of languages and area studies. The program Administrative Regulations in 34 CFR Education Fulbright-Hays DDRA is designed to contribute to the parts 75, 77, 81, 82, 84, 86, 97, 98, and competition process a student accepts a development and improvement of the 99. (b) The Office of Management and fellowship award from the FUSP, or the study of modern foreign languages and Budget Guidelines to Agencies on FUSP disperses funds to provide area studies in the United States. Governmentwide Debarment and training services to the student, the Priorities: This notice contains one Suspension (Nonprocurement) in 2 CFR student is automatically ineligible for absolute priority and two competitive part 180, as adopted and amended as consideration for a grant under the preference priorities. In accordance with regulations of the Department in 2 CFR Fulbright-Hays DDRA Fellowship 34 CFR 75.105(b)(2)(ii), the absolute and part 3485. (c) The Uniform Program. Similarly, if the Fulbright- competitive preference priorities are Administrative Requirements, Cost Hays DDRA program receives from the regulations for this program (34 Principles, and Audit Requirements for notification directly from the FUSP that CFR 662.21(d)). Federal Awards in 2 CFR part 200, as it has awarded funds or provided Absolute Priority: For FY 2021, this adopted and amended as regulations of training to a potential candidate for a priority is an absolute priority. Under 34 the Department in 2 CFR part 3474. (d) Fulbright-Hays DDRA fellowship, we CFR 75.105(c)(3), we consider only The regulations for this program in 34 will automatically deem the student applications that meet this priority. CFR part 662. ineligible for an award under the This priority is: Note: The open licensing requirement in 2 Fulbright-Hays DDRA Fellowship Specific Geographic Regions of the CFR 3474.20 does not apply to this program. Program. Therefore, students should World. notify the person listed under FOR A research project that focuses on one II. Award Information FURTHER INFORMATION CONTACT, prior to or more of the following geographic accepting grant funds from the FUSP. areas: Africa, East Asia, Southeast Asia Type of Award: Discretionary grants and the Pacific Islands, South Asia, the redistributed as fellowships to IV. Application and Submission Near East, Central and Eastern Europe individual beneficiaries. Information and Eurasia, and the Western Estimated Available Funds: 1. Address to Request Application Hemisphere (excluding the United $4,274,500 Package: Both IHEs and student States and its territories). Estimated Range of Awards: $15,000– applicants can obtain an application Competitive Preference Priorities: For $60,000. package via the internet or from the FY 2021, these priorities are competitive Estimated Average Size of Awards: Education Publications Center (ED preference priorities. Under 34 CFR $39,000. PUBS). To obtain a copy via the 75.105(c)(2)(i), we award an additional Estimated Number of Awards: 90. internet, use the following address: four points to an application that meets Note: The Department is not bound by any www.G5.gov. To obtain a copy from ED Competitive Preference Priority 1 and estimates in this notice. Pubs, write, fax, or call the following:
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8188 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
ED Pubs, U.S. Department of Education, The recommended page limit does not Information about SAM is available at P.O. Box 22207, Alexandria, VA 22304. apply to the cover sheet, budget section, www.SAM.gov. To further assist you Telephone, toll free: 1–877–433–7827. including the narrative budget with obtaining and registering your FAX: (703) 605–6794. If you use a TDD justification; the assurance and DUNS number and TIN in SAM or or a TTY, call, toll free: 1–877–576– certifications; or the one-page abstract, updating your existing SAM account, 7734. the resumes, the biography, or letters of we have prepared a SAM.gov Tip Sheet, You can contact ED Pubs at its support. However, the recommended which you can find at: www2.ed.gov/ website, also: www.EDPubs.gov or at its page limit does apply to all of the fund/grant/apply/sam-faqs.html. email address: [email protected]. application narrative. 7. Other Submission Requirements: If you request an application package 6. Data Universal Numbering System Applications for grants under this from ED Pubs, be sure to identify this Number, Taxpayer Identification program must be submitted program as follows: Assistance Listing Number, and System for Award electronically unless an IHE qualifies for Number 84.022A. Management: an exception to this requirement in 2. Submission Dates and Times: To do business with the Department, accordance with the instructions in this Submit applications for grants under you must— section. the program electronically using G5.gov. a. Have a Data Universal Numbering a. Electronic Submission of For information (including dates and System (DUNS) number and a Taxpayer Applications. times) about how to submit your Identification Number (TIN); Submit applications for grants under application electronically, please refer b. Register both your DUNS number the Fulbright-Hays DDRA Fellowship to 7. Other Submission Requirements. and TIN with the System for Award Program, Assistance Listing Number We do not consider an application Management (SAM), the Government’s 84.022A, electronically using the G5 that does not comply with the deadline primary registrant database; system, accessible through the requirements. c. Provide your DUNS number and Department’s G5 site at: www.G5.gov. Individuals with disabilities who TIN on your application; and While completing the electronic need an accommodation or auxiliary aid d. Maintain an active SAM application, both the IHE and the in connection with the application registration with current information student applicant will be entering data process should contact the person listed while your application is under review online that will be saved into a under FOR FURTHER INFORMATION by the Department and, if you are database. Neither the IHE nor the CONTACT. If the Department provides an awarded a grant, during the project student applicant may email an accommodation or auxiliary aid to an period. electronic copy of a grant application to individual with a disability in You can obtain a DUNS number from us. connection with the application Dun and Bradstreet at the following Please note the following: process, the individual’s application website: http://fedgov.dnb.com/ • The process for submitting remains subject to all other webform. A DUNS number can be applications electronically under the requirements and limitations in this created within one to two business days. Fulbright-Hays DDRA Fellowship notice. If you are a corporate entity, agency, Program requires several steps. The 3. Intergovernmental Review: This institution, or organization, you can following is a brief overview of the program is not subject to Executive obtain a TIN from the Internal Revenue process; however, all applicants should Order 12372 and the regulations in 34 Service. If you are an individual, you review the detailed description of the CFR part 79. can obtain a TIN from the Internal application process in the application 4. Funding Restrictions: We reference Revenue Service or the Social Security package. In summary, the major steps regulations outlining funding Administration. If you need a new TIN, are: restrictions in the Applicable please allow two to five weeks for your (1) IHEs must email the name of the Regulations section of this notice. TIN to become active. institution and the full name and email 5. Recommended Page Limit: The The SAM registration process can take address of the project director to ddra@ application narrative is where you, the approximately seven business days, but ed.gov. We suggest that applicant IHEs applicant, address the selection criteria may take upwards of several weeks, submit this information no later than that reviewers use to evaluate your depending on the completeness and two weeks prior to the application application. We recommend that you (1) accuracy of the data you enter into the deadline date to ensure that they obtain limit the application narrative to no SAM database. Thus, if you think you access to G5 well before that date; more than 10 pages and the might want to apply for Federal (2) Students must complete their bibliography to no more than two pages financial assistance under a program individual applications and submit (2) use the following standards: administered by the Department, please them to their home IHE project director • A ‘‘page’’ is 8.5″ x 11″, on one side using G5; ″ allow sufficient time to obtain and only, with 1 margins at the top, bottom, register your DUNS number and TIN. (3) Persons providing references for and both sides. individual students must complete and • We strongly recommend that you Double space (no more than three register early. submit reference forms for the students lines per vertical inch) all text in the and submit them to the IHE’s project application narrative, including titles, Note: Once your SAM registration is active, director using G5; and headings, footnotes, quotations, it may be 24 to 48 hours before you can (4) The IHE’s project director must submit an application through G5. references, and captions, as well as all officially submit the IHE’s application, text in charts, tables, figures, and If you are currently registered with including all eligible individual student graphs. SAM, you may not need to make any applications, reference forms, and other • Use a font that is either 12 point or changes. However, please make certain required forms, using G5. larger, or no smaller than 10 pitch that the TIN associated with your DUNS • The IHE must complete the (characters per inch). number is correct. Also note that you electronic submission of the grant • Use one of the following fonts: will need to update your registration application by 4:30:00 p.m., Eastern Times New Roman, Courier, Courier annually. This may take three or more Time, on the application deadline date. New, or Arial. business days. G5 will not accept an application for
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8189
this competition after 4:30:00 p.m., recommend that both the IHE and the application process. The table below Eastern Time, on the application student applicant not wait until the shows the days and times that the G5 deadline date. Therefore, we strongly application deadline date to begin the website will be available.
G5 HOURS OF OPERATION IN EASTERN TIME
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Unavailable from Unavailable from Available 24 Unavailable from Unavailable from Available 24 Available 24 03:00 p.m.– 12:00 a.m.– hours. 09:00 p.m.–11:59 12:00 a.m.– hours. hours. 11:59 p.m. 06:00 a.m. p.m. 06:00 a.m.
• Student applicants will not receive include a unique PR/Award number for application. Extensions referred to in additional point value because the the IHE’s application. this section apply only to the student submits his or her application • Within three working days after unavailability of the G5 system. in electronic format, nor will we submitting its electronic application the b. Submission of Paper Applications. penalize the IHE or student applicant if applicant IHE must— We discourage paper applications, but the applicant qualifies for an exception (1) Print the SF 424 from G5; if electronic submission is not possible to the electronic submission (2) Have the Authorizing (e.g., you do not have access to the requirement, as described elsewhere in Representative sign this form; internet), you must provide a written this section, and submits an application (3) Place the PR/Award number in the statement that you intend to submit a in paper format. upper right-hand corner of the hard- paper application. Send this written • IHEs must upload all application copy signature page of the SF 424; and statement no later than two weeks documents electronically, including the (4) Fax the signed SF 424 to the before the application deadline date (14 following forms: The Application for Application Control Center at (202) calendar days or, if the fourteenth Federal Assistance (SF 424), the 245–6272. calendar day before the application • Department of Education Supplemental We may request that you provide us deadline date falls on a Federal holiday, Information for SF 424, Budget hard copies with original signatures for the next business day following the Information—Non-Construction other forms in the application at a later Federal holiday) to Dr. Pamela J. Programs (ED 524), and all necessary date. Maimer, U.S. Department of Education, assurances and certifications. Application Deadline Date Extension 400 Maryland Ave SW, Room 258–24, • Both IHEs and student applicants in Case of System Unavailability: If an Washington, DC 20202–4260. must upload the narrative sections and IHE is prevented from electronically Telephone: (202) 453–6891. Email: all other attachments to their submitting its application on the [email protected]. application as files in a read-only application deadline date because the If you mail your written statement to flattened Portable Document Format G5 system is unavailable, we will grant the Department, it must be postmarked (PDF), meaning any fillable documents the IHE an extension until 4:30:00 p.m., no later than two weeks before the must be saved and submitted as non- Eastern Time, the following business application deadline date. Please send fillable PDF files. Do not upload any day to enable the IHE to transmit its this statement to the person listed under interactive or fillable PDF files. If you application electronically, by mail, or by FOR FURTHER INFORMATION CONTACT. upload a file type other than a read- hand delivery. We will grant this If you submit a paper application, you only, non-modifiable PDF (e.g., Word, extension if— must mail the original and two copies Excel, WordPerfect, etc.) or submit a (1) The IHE is a registered user of the of your application, on or before the password-protected file, we will be G5 system and the IHE has initiated an application deadline date, to the unable to review that material. Please electronic application for this Department at the following address: note that this will likely result in your competition; and application not being considered for (2) (a) G5 is unavailable for 60 U.S. Department of Education, Application Control Center, Attention: (Assistance funding. The Department will not minutes or more between the hours of 8:30 a.m. and 3:30 p.m., Eastern Time, Listing Number 84.022A) LBJ Basement convert material from other formats to Level 1, 400 Maryland Avenue SW, PDF. on the application deadline date; or Washington, DC 20202–4260 • Submit student transcripts (b) G5 is unavailable for any period of electronically through the G5 system. time between 3:30 p.m. and 4:30:00 The IHE must show proof of mailing • Prior to submitting your electronic p.m., Eastern Time, on the application consisting of one of the following: application, you may wish to print a deadline date. (1) A legibly dated U.S. Postal Service copy of it for your records. We must acknowledge and confirm postmark. • After the individual student these periods of unavailability before (2) A legible mail receipt with the electronically submits his or her granting the IHE an extension. To date of mailing stamped by the U.S. application to the IHE, the student will request this extension or to confirm our Postal Service. receive an automatic acknowledgment acknowledgment of any system (3) A dated shipping label, invoice, or from the G5 system. After a person unavailability, an IHE may contact receipt from a commercial carrier. submits a reference electronically, he or either (1) the person listed under FOR (4) Any other proof of mailing she will receive an online confirmation FURTHER INFORMATION CONTACT or (2) the acceptable to the Secretary of the U.S. from the G5 system. After the applicant e-Grants help desk at 1–888–336–8930. Department of Education. IHE submits its application, including If G5 is unavailable due to technical If the IHE mails its application all eligible individual student problems with the system and, through the U.S. Postal Service, we do applications, to the Department, the therefore, the application deadline is not accept either of the following as applicant IHE will receive an automatic extended, an email will be sent to all proof of mailing: acknowledgment from G5 that will registered users who have initiated a G5 (1) A private metered postmark.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8190 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
(2) A mail receipt that is not dated by guidance in developing the project, applicants. Under 2 CFR 3474.10, the the U.S. Postal Service. understanding research conditions Secretary may impose specific Note: The U.S. Postal Service does not abroad, and acquainting the applicant conditions and, in appropriate uniformly provide a dated postmark. Before with research in the field. circumstances, high-risk conditions on a relying on this method, the IHE should check (b) Qualifications of the applicant. (40 grant if the applicant or grantee is not with its local post office. points) The Secretary reviews each financially stable; has a history of application to determine the unsatisfactory performance; has a We will not consider applications qualifications of the applicant. The financial or other management system postmarked after the application Secretary considers— that does not meet the standards in 2 deadline date. (1) The overall strength of the CFR part 200, subpart D; has not c. Note for Mail or Hand Delivery of applicant’s graduate academic record; fulfilled the conditions of a prior grant; Paper Applications: If an IHE mails or (2) The extent to which the or is otherwise not responsible. hand delivers its application to the applicant’s academic record 4. Integrity and Performance System: Department— demonstrates strength in area studies If you are selected under this (1) The IHE must indicate on the relevant to the proposed project; competition to receive an award that envelope and—if not provided by the (3) The applicant’s proficiency in one over the course of the project period Department—in Item 11 of the SF 424 or more of the languages (other than may exceed the simplified acquisition the Assistance Listing Number, English and the applicant’s native threshold (currently $250,000), under 2 including suffix letter, if any, of the language) of the country or countries of CFR 200.205(a)(2) we must make a competition under which the IHE is research, and the specific measures to judgment about your integrity, business submitting its application; and be taken to overcome any anticipated ethics, and record of performance under (2) The Application Control Center language barriers; and Federal awards—that is, the risk posed will mail a notification of receipt of the (4) The applicant’s ability to conduct by you as an applicant—before we make IHE’s grant application. If the IHE does research in a foreign cultural context, as an award. In doing so, we must consider not receive this grant notification within evidenced by the applicant’s references any information about you that is in the 15 business days from the application or previous overseas experience, or integrity and performance system deadline date, the IHE should call the both. (currently referred to as the Federal U.S. Department of Education 2. Review and Selection Process: We Awardee Performance and Integrity Application Control Center at (202) remind potential applicants that in Information System (FAPIIS)), 245–6288. reviewing applications in any accessible through the System for V. Application Review Information discretionary grant competition, the Award Management. You may review Secretary may consider, under 34 CFR and comment on any information about 1. Selection Criteria: The selection 75.217(d)(3), the past performance of the yourself that a Federal agency criteria for this competition are from the applicant in carrying out a previous previously entered and that is currently regulations for this program in 34 CFR award, such as the applicant’s use of in FAPIIS. 662.21 and are as follows: funds, achievement of project Please note that, if the total value of (a) Quality of proposed project. (60 objectives, and compliance with grant your currently active grants, cooperative points) The Secretary reviews each conditions. The Secretary may also agreements, and procurement contracts application to determine the quality of consider whether the applicant failed to from the Federal Government exceeds the research project proposed by the submit a timely performance report or $10,000,000, the reporting requirements applicant. The Secretary considers— submitted a report of unacceptable in 2 CFR part 200, Appendix XII, (1) The statement of the major quality. require you to report certain integrity hypotheses to be tested or questions to In addition, in making a competitive information to FAPIIS semiannually. be examined, and the description and grant award, the Secretary requires Please review the requirements in 2 CFR justification of the research methods to various assurances including those part 200, Appendix XII, if this grant be used; applicable to Federal civil rights laws plus all the other Federal funds you (2) The relationship of the research to that prohibit discrimination in programs receive exceed $10,000,000. the literature on the topic and to major or activities receiving Federal financial 5. In General: In accordance with the theoretical issues in the field, and the assistance from the Department (34 CFR Office of Management and Budget’s project’s originality and importance in 100.4, 104.5, 106.4, 108.8, and 110.23). guidance located at 2 CFR part 200, all terms of the concerns of the discipline; For FY 2021, student applications applicable Federal laws, and relevant (3) The preliminary research already will be divided into seven categories Executive guidance, the Department completed in the United States and based on the world area focus of their will review and consider applications overseas or plans for such research prior research projects, as described in the for funding pursuant to this notice to going overseas, and the kinds, quality absolute priority. Language and area inviting applications in accordance and availability of data for the research studies experts in discrete world area- with— in the host country or countries; based panels will review the student (a) Selecting recipients most likely to (4) The justification for overseas field applications. Each panel will review, be successful in delivering results based research and preparations to establish score, and rank its applications on the program objectives through an appropriate and sufficient research separately from the applications objective process of evaluating Federal contacts and affiliations abroad; assigned to the other world area panels. award applications (2 CFR 200.205); (5) The applicant’s plans to share the However, all fellowship applications (b) Prohibiting the purchase of certain results of the research in progress and will be ranked together from the highest telecommunication and video a copy of the dissertation with scholars to lowest score for funding purposes. surveillance services or equipment in and officials of the host country or 3. Risk Assessment and Specific alignment with section 889 of the countries; and Conditions: Consistent with 2 CFR National Defense Authorization Act of (6) The guidance and supervision of 200.205, before awarding grants under 2019 (Pub. L. 115–232) (2 CFR 200.216); the dissertation advisor or committee at this competition the Department (c) Providing a preference, to the all stages of the project, including conducts a review of the risks posed by extent permitted by law, to maximize
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8191
use of goods, products, and materials languages and area studies for periods of your search to documents published by produced in the United States (2 CFR 6 to 12 months. the Department. 200.322); and The Department will use the Tiwanda Burse, (d) Terminating agreements in whole following measures to evaluate its or in part to the greatest extent Acting Assistant Secretary for Postsecondary success in meeting this objective: Education. authorized by law if an award no longer DDRA GPRA Measure 1: The [FR Doc. 2021–02339 Filed 2–3–21; 8:45 am] effectuates the program goals or agency percentage of DDRA fellows who BILLING CODE 4000–01–P priorities (2 CFR 200.340). increased their foreign language scores VI. Award Administration Information in speaking, reading, or writing by at least one proficiency level. DEPARTMENT OF EDUCATION 1. Award Notices: If your application DDRA GPRA Measure 2: The is successful, we notify your U.S. percentage of DDRA fellows who Application Deadline for Fiscal Year Representative and U.S. Senators and complete their degree in their program 2021; Small, Rural School send you a Grant Award Notification of study within four years of receipt of Achievement Program (GAN); or we may send you an email the fellowship. containing a link to access an electronic AGENCY: Office of Elementary and version of your GAN. We may notify DDRA GPRA Measure 3: The Secondary Education, Department of you informally, also. percentage of DDRA fellows who found Education. employment that utilized their language If your application is not evaluated or ACTION: Notice. not selected for funding, we notify you. and area studies skills within eight years of receiving their award. 2. Administrative and National Policy SUMMARY: Under the Small, Rural Requirements: We identify DDRA GPRA Measure 4: Efficiency School Achievement (SRSA) program, administrative and national policy Measure—The cost per DDRA fellow Assistance Listing Number 84.358A, the requirements in the application package who found employment that utilized U.S. Department of Education and reference these and other their language and area studies skills (Department) awards grants on a requirements in the Applicable within eight years. formula basis to eligible local Regulations section of this notice. The information provided by grantees educational agencies (LEAs) to address We reference the regulations outlining in their performance report submitted the unique needs of rural school the terms and conditions of an award in via IRIS will be the source of data for districts. In this notice, we establish the the Applicable Regulations section of these measures. Reporting screens for deadline and describe the submission this notice and include these and other institutions and fellows may be viewed procedures for fiscal year (FY) 2021 _ specific conditions in the GAN. The at: http://iris.ed.gov/iris/pdfs/DDRA SRSA grant applications. This notice GAN also incorporates your approved director.pdf. http://iris.ed.gov/iris/pdfs/ relates to the approved information _ application as part of your binding DDRA fellow.pdf. collection under OMB control number commitments under the grant. 1810–0646. VII. Other Information All LEAs eligible for FY 2021 SRSA 3. Reporting: (a) If you apply for a funds must submit an application grant under this competition, you must Accessible Format: On request to the electronically via the process described ensure that you have in place the program contact person listed under FOR in this notice by the deadline in this necessary processes and systems to FURTHER INFORMATION CONACT, notice. comply with the reporting requirements individuals with disabilities can obtain in 2 CFR part 170 should you receive this document and a copy of the DATES: Applications Available: February funding under the competition. This application package in an accessible 10, 2021. does not apply if you have an exception format. The Department will provide the Deadline for Transmittal of under 2 CFR 170.110(b). requestor with an accessible format that Applications: April 16, 2021. (b) At the end of your project period, may include Rich Text Format (RTF) or FOR FURTHER INFORMATION CONTACT: Mr. you must submit a final performance text format (txt), a thumb drive, an MP3 Robert Hitchcock, U.S. Department of report, including financial information, file, braille, large print, audiotape, or Education, 400 Maryland Avenue SW, as directed by the Secretary. If you compact disc, or other accessible format. Room 3E–218, Washington, DC 20202. receive a multiyear award, you must Electronic Access to This Document: Telephone: (202) 401–0039. Email: submit an annual performance report The official version of this document is [email protected]. that provides the most current the document published in the Federal If you use a telecommunications performance and financial expenditure Register. You may access the official device for the deaf or a text telephone, information as directed by the Secretary edition of the Federal Register and the call the Federal Relay Service, toll free, under 34 CFR 75.118. The Secretary Code of Federal Regulations at at 1–800–877–8339. may also require more frequent www.govinfo.gov. At this site you can SUPPLEMENTARY INFORMATION: performance reports under 34 CFR view this document, as well as all other 75.720(c). For specific requirements on documents of this Department I. Award Information reporting, please go to www.ed.gov/ published in the Federal Register, in Type of Award: Formula grant. fund/grant/apply/appforms/ text or Portable Document Format Available Funds: $93,920,000. appforms.html. (PDF). To use PDF you must have Estimated Range of Awards: $0– 4. Performance Measures: Under the Adobe Acrobat Reader, which is $60,000. Government Performance and Results available free at the site. Note: Depending on the number of eligible Act of 1993 (GPRA), the objective for the You may also access documents of the LEAs identified in a given year and the Fulbright-Hays DDRA Fellowship Department published in the Federal amount appropriated by Congress for the Program is to provide grants to colleges Register by using the article search program, some eligible LEAs may receive an and universities to fund individual feature at: www.federalregister.gov. SRSA allocation of $0 under the statutory doctoral students to conduct research in Specifically, through the advanced funding formula. other countries in modern foreign search feature at this site, you can limit Estimated Number of Awards: 4,200.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8192 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
II. Program Authority and Eligibility submit an SRSA application in order to contingent upon the availability of Information receive SRSA funds, regardless of funding. whether the LEA received an award or Please note the following: Under what statutory authority will • FY 2021 SRSA grant awards be made? submitted an application in any We estimate that it will take 30 The FY 2021 SRSA grant awards will previous year. This includes each dual- minutes to submit an application. be made under title V, part B, subpart eligible LEA that chooses to participate However, we strongly recommend that 1 of the Elementary and Secondary in the SRSA program instead of the you do not wait until the application Education Act of 1965, as amended RLIS program, and each SRSA-eligible deadline date to begin the application LEA that is a member of an educational process. (ESEA). • Which LEAs are eligible for an award service agency (ESA) that does not To better ensure applications are under the SRSA program? receive SRSA funds on the LEA’s behalf. processed in a more timely, accurate, For FY 2021, an LEA (including a In the case of an SRSA-eligible LEA that and efficient manner, if an LEA has not public charter school that meets the is a member of an SRSA-eligible ESA, submitted an application by March 1, definition of LEA in section 8101(30) of the LEA and ESA must coordinate 2021, we will send the LEA a reminder the ESEA) is eligible for an award under directly with each other to determine email to submit its application. • the SRSA program if it meets both the which entity will submit an SRSA An application received by OMB criteria below: application on the LEA’s behalf, as both Max Survey is date and time stamped (a) The total number of students in entities may not apply for or receive upon submission and an applicant will average daily attendance at all of the SRSA funds for the LEA. Additionally, receive a confirmation email after the schools served by the LEA is fewer than pursuant to section 5225 of the ESEA, application is submitted. • 600; or each county in which a school a dual-eligible LEA that applies for Once an application is submitted served by the LEA is located has a total SRSA funds in accordance with these via OMB Max Survey, the applicant population density of fewer than 10 application submission procedures will must contact the REAP program staff at persons per square mile; and not be considered for an RLIS award. [email protected] to update any information (b) All of the schools served by the As a reminder, each applicant must in the application if necessary. LEA are designated with a school locale apply with its own unique Data Application Deadline Date Extension code of 41, 42, or 43 by the Universal Numbering System (DUNS) in Case of Technical Issues With OMB Department’s National Center for number. We also note that a separate Max Survey: Education Statistics (NCES) or the application must be submitted for each If you are unable to submit an Secretary has determined, based on a eligible LEA. For example, if a rural application by April 16, 2021 because of demonstration by the LEA and community has two distinct LEAs—one problems with OMB Max Survey, concurrence of the State educational composed of its elementary school(s) contact the REAP program staff at reap@ agency, that the LEA is located in an and one composed of its high ed.gov within five business days and area defined as rural by a governmental school(s)—each distinct LEA would provide an explanation of the technical agency of the State. have to submit its own SRSA problem you experienced. We will The Department provides an application with the LEA’s own unique accept your late application as having eligibility spreadsheet containing each DUNS number. met the deadline if we can confirm that LEA eligible for FY 2021 SRSA grant An LEA eligible to receive FY 2021 a technical problem occurred with the funds, which is available on the SRSA funds that fails to submit an FY OMB Max Survey system and that the Department’s website at: https:// 2021 SRSA application in accordance problem affected your ability to submit oese.ed.gov/offices/office-of-formula- with the application and submission your application by the application grants/rural-insular-native- information below is at risk of not deadline date. As noted above, if you achievement-programs/rural-education- receiving an FY 2021 SRSA award. Such submit your application after the achievement-program/small-rural- an LEA may receive an award only to deadine and the late submission is not school-achievement-program/. the extent funds become available after due to a technical issue about which If an LEA on the Department’s list of awards are made to all eligible LEAs you have notified the REAP program LEAs eligible to receive an FY 2021 that complied with the application staff, the Department may consider your SRSA award will close prior to the procedures. application to the extent practicable and 2021–2022 school year, that LEA is no III. Application and Submission contingent upon the availability of longer eligible to receive an FY 2021 Information funding. SRSA award and should not apply. Electronic Submission of Applications IV. Other Procedural Requirements Note: The ‘‘Choice of Participation’’ Using Max.gov: System for Award Management: provision under section 5225 of the ESEA The Department will send each LEA gives an LEA eligible for both SRSA and the To do business with the Department, Rural and Low-Income School (RLIS) eligible for FY 2021 SRSA grant funds you must register in the System for program authorized under title V, part B, an email with a uniquely identifiable Award Management (SAM), the subpart 2 of the ESEA the option to application link on February 10, 2021. Government’s primary registrant participate in either the SRSA program or the The email will include customized database, using the following RLIS program. An LEA eligible for both instructions for completing the information: SRSA and RLIS is henceforth referred to as electronic application via the Office of a. DUNS number. a ‘‘dual-eligible LEA.’’ Management and Budget (OMB) Max b. Legal business name. Which eligible LEAs must submit an Survey platform. c. Physical address from your Dun & application to receive an FY 2021 SRSA An eligible LEA must submit an Bradstreet (D&B) record. grant award? electronic application via OMB Max d. Taxpayer identification number Under 34 CFR 75.104(a), the Secretary Survey by April 16, 2021, to be assured (TIN). makes a grant only to an eligible entity of receiving an FY 2021 SRSA grant e. Taxpayer name associated with that submits an application. award. The Department may consider your TIN. In FY 2021, each LEA eligible to applications submitted after the f. Bank information to set up receive an SRSA award is required to deadline to the extent practicable and Electronic Funds Transfer (EFT) (i.e.,
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8193
routing number, account number, and Electronic Access to This Document: The project does not occupy federal account type (checking/savings)). The official version of this document is lands. You can obtain a DUNS number from the document published in the Federal g. Filed Pursuant to: Federal Power Dun and Bradstreet at: http:// Register. You may access the official Act 16 U.S.C. 791 (a)–825(r). fedgov.dnb.com/webform. A DUNS edition of the Federal Register and the h. Applicant Contact: Jody J. Smet, number can be created within one to Code of Federal Regulations at: https:// Vice President Regulatory Affairs, 116 N two business days. Entities must have www.govinfo.gov/. At this site you can State Street, P.O. Box 167, Neshkoro, WI an active DUNS registration throughout view this document, as well as all other 54960; Telephone (804) 739–0654. the grant performance period in SAM. documents of this Department i. FERC Contact: Nicholas Ettema, Information about SAM is available published in the Federal Register, in (312) 596–4447 or nicholas.ettema@ at: www.SAM.gov. For further text or Portable Document Format ferc.gov. j. Deadline for filing motions to information on obtaining and registering (PDF). To use PDF you must have intervene and protests, comments, your DUNS number and TIN in SAM or Adobe Acrobat Reader, which is recommendations, preliminary terms updating your existing SAM account, available free at the site. and conditions, and preliminary please refer to SAM’s Non-Federal User You may also access documents of the prescriptions: 60 days from the issuance Guide: https://www.sam.gov/SAM/ Department published in the Federal _ _ _ _ Register by using the article search date of this notice; reply comments are transcript/SAM Non Federal User due 105 days from the issuance date of Guide.pdf. feature at: www.federalregister.gov. Specifically, through the advanced this notice. The SAM registration process can take The Commission strongly encourages search feature at this site, you can limit approximately seven business days, but electronic filing. Please file using the your search to documents published by may take upwards of several weeks, Commission’s eFiling system at https:// the Department. depending on the completeness and ferconline.ferc.gov/FERCOnline.aspx. Program Authority: Sections 5211– accuracy of the data you enter into the Commenters can submit brief comments 5212 of the ESEA, 20 U.S.C. 7345– SAM database. Thus, if you think you up to 6,000 characters, without prior 7345a. might want to apply for Federal registration, using the eComment system financial assistance under a program Mark Washington, at https://ferconline.ferc.gov/ administered by the Department, please Deputy Assistant Secretary, Office of QuickComment.aspx. You must include allow sufficient time to register with Elementary and Secondary Education. your name and contact information at SAM. [FR Doc. 2021–02351 Filed 2–3–21; 8:45 am] the end of your comments. For If you are currently registered with BILLING CODE 4000–01–P assistance, please contact FERC Online SAM, you may need to update your Support at FERCOnlineSupport@ DUNS registration. Please make certain ferc.gov, (866) 208–3676 (toll free), or that the TIN associated with your DUNS DEPARTMENT OF ENERGY (202) 502–8659 (TTY). In lieu of number is correct. Also note that you electronic filing, you may submit a will need to update your DUNS Federal Energy Regulatory paper copy. Submissions sent via the registration if it has expired or will Commission U.S. Postal Service must be addressed expire prior to when you expect to to: Kimberly D. Bose, Secretary, Federal [Project No. 10481–069] receive a SRSA award. A DUNS number Energy Regulatory Commission, 888 will expire every 12 months after it has First Street NE, Room 1A, Washington, been updated. Eagle Creek Hydro Power, LLC; Eagle Creek Water Resources, LLC; Eagle DC 20426. Submissions sent via any You can check your DUNS Creek Land Resources, LLC; Notice of other carrier must be addressed to: registration status by using the SAM Application Accepted for Filing, Kimberly D. Bose, Secretary, Federal Status Tracker at: https://sam.gov/SAM/ Soliciting Motions To Intervene and Energy Regulatory Commission, 12225 pages/public/samStatusTracker.jsf. Protests, Ready for Environmental Wilkins Avenue, Rockville, Maryland Updating your DUNS may take three or Analysis, and Soliciting Comments, 20852. The first page of any filing more business days. Recommendations, Preliminary Terms should include docket number P– If you are a corporate entity, agency and Conditions, and Preliminary 10481–069. (including an LEA), institution, or Fishway Prescriptions The Commission’s Rules of Practice organization, you can find your taxpayer require all intervenors filing documents name and TIN in tax documents from Take notice that the following with the Commission to serve a copy of the Internal Revenue Service (IRS) (such hydroelectric application has been filed that document on each person on the as a 1099 or W–2 form) or obtain one with the Commission and is available official service list for the project. from the IRS. for public inspection. Further, if an intervenor files comments V. Acessibility Information and a. Type of Application: New Major or documents with the Commission Program Authority License. relating to the merits of an issue that b. Project No.: 10481–069. may affect the responsibilities of a Accessible Format: On request to the c. Date Filed: March 31, 2020. particular resource agency, they must program contact person listed under FOR d. Applicants: Eagle Creek Hydro also serve a copy of the document on FURTHER INFORMATION CONTACT, Power, LLC, Eagle Creek Water that resource agency. individuals with disabilities can obtain Resources, LLC, and Eagle Creek Land k. This application has been accepted this document and a copy of the Resources, LLC (collectively referred to for filing and is now ready for application package in an accessible as Eagle Creek). environmental analysis. format. The Department will provide the e. Name of Project: Mongaup Falls The Council on Environmental requestor with an accessible format that Hydroelectric Project (Mongaup Falls Quality (CEQ) issued a final rule on July may include Rich Text Format (RTF) or Project). 15, 2020, revising the regulations under text format (txt), a thumb drive, an MP3 f. Location: The existing project is 40 CFR parts 1500–1518 that federal file, braille, large print, audiotape, or located on the Mongaup River and Black agencies use to implement NEPA (see compact disc, or other accessible format. Brook in Sullivan County, New York. Update to the Regulations Implementing
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8194 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
the Procedural Provisions of the proposes to continue to operate the Rules of Practice and Procedure, 18 CFR National Environmental Policy Act, 85 project in a peaking mode. 385.210, .211, and .214. In determining FR 43304). The Final Rule became The Black Brook Development the appropriate action to take, the effective on and applies to any NEPA consists of a 70-foot-long dam with a 34- Commission will consider all protests or process begun after September 14, 2020. foot-long concrete spillway section and other comments filed, but only those An agency may also apply the 10-foot-long stoplog section. The stoplog who file a motion to intervene in regulations to ongoing activities and section consists of a 2-foot-wide accordance with the Commission’s environmental documents begun before concrete pier that divides the 8-foot- Rules may become a party to the September 14, 2020, which includes the long stoplog section from the spillway. proceeding. Any comments, protests, or proposed Mongaup Falls Project. The concrete spillway is approximately motions to intervene must be received Commission staff intends to conduct its 10-foot-high from the base to the crest on or before the specified comment date NEPA review in accordance with CEQ’s and is keyed into bedrock with a 3-foot for the particular application. new regulations. by 3-foot keyway. Prior to removal of All filings must (1) bear in all capital l. The Mongaup Falls Project includes the penstock, pond control was letters the title ‘‘PROTEST’’, ‘‘MOTION the Mongaup Falls Development and the accomplished with an 8-foot-wide TO INTERVENE’’, ‘‘COMMENTS,’’ Black Brook Development. The Black stoplog section and 34-foot-wide Brook Development has been ‘‘REPLY COMMENTS,’’ flashboard section, each erected to a ‘‘RECOMMENDATIONS,’’ permanently out of service since 1984, height of 5 feet above the dam crest. The when portions of the penstock, stoplogs, ‘‘PRELIMINARY TERMS AND failure of the penstock in 1984, resulted CONDITIONS,’’ or ‘‘PRELIMINARY and flashboards were removed. in the removal of the 8-foot-wide, 5-foot- The Mongaup Fall Development FISHWAY PRESCRIPTIONS;’’ (2) set high stoplog section on the right side of forth in the heading the name of the consists of: (1) A reservoir with a gross the dam and the 5-foot-high flashboards. storage capacity of 1,782 acre-feet and a applicant and the project number of the Currently, the Black Brook Development application to which the filing surface area of 133 acres; (2) a 155-foot- is a run-of-river, uncontrolled spillway long by 40-foot-high, ungated, concrete responds; (3) furnish the name, address, with a crest elevation of 943 feet and telephone number of the person gravity spillway with 4-foot, 10-inch- National Geodetic Vertical Datum of high flashboards; (3) an 83-foot-long, by protesting or intervening; and (4) 1929 (NGVD29) and a dam/spillway toe otherwise comply with the requirements 25-foot, 4-inch-high earth dam section elevation of approximately 930–933 feet with a concrete core wall along the right of 18 CFR 385.2001 through 385.2005. NGVD29 (including the 3-foot by 3-foot All comments, recommendations, terms abutment; (4) a 125-foot-long, 127-foot- keyway). Eagle Creek proposes to high concrete retaining wall along the and conditions or prescriptions must set decommission the Black Brook forth their evidentiary basis and left abutment; (5) a 250-foot-long by 4.5- Development in place and remove it foot-high earthen closure dike; (6) an 11- otherwise comply with the requirements from the project boundary. of 18 CFR 4.34(b). Agencies may obtain foot-high, 22-foot-square intake and m. A copy of the application can be copies of the application directly from gatehouse; (7) a 14-foot-wide by 32-foot- viewed on the Commission’s website at the applicant. A copy of any protest or high inclined trashracks with 1.7-inch https://www.ferc.gov using the motion to intervene must be served bar clear spacing that covers the intake; ‘‘eLibrary’’ link. Enter the docket upon each representative of the (8) a 6,650-foot-long bypassed reach; (9) number excluding the last three digits in applicant specified in the particular a 2,650-foot-long, 8-foot-diameter wood- the docket number field to access the application. A copy of all other filings stave penstock; (10) a 26-foot-diameter, document. For assistance, contact FERC in reference to this application must be 106-foot-high steel surge tank; (11) a 9- Online Support. foot-diameter steel manifold branching Register online at http:// accompanied by proof of service on all into four 5-foot-diameter steel www.ferc.gov/docs-filing/ persons listed in the service list penstocks; (12) a 90-foot-long by 25-foot, esubscription.asp to be notified via prepared by the Commission in this 2-inch-wide by 33-foot-high reinforced email of new filings and issuances proceeding, in accordance with 18 CFR concrete powerhouse containing four 1- related to this or other pending projects. 4.34(b) and 385.2010. megawatt vertical-axis turbines; and (13) For assistance, contact FERC Online o. Procedural Schedule: The a 100-foot-long, 2.3-kilovolt Support. application will be processed according underground transmission line. The n. Anyone may submit comments, a to the following schedule. Revisions to project generates an average of 10,860 protest, or a motion to intervene in the schedule may be made as megawatt-hours annually. Eagle Creek accordance with the requirements of appropriate.
Milestone Target date
Deadline for filing comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions ... March 2021. Deadline for Filing Reply Comments ...... May 2021.
p. Final amendments to the the request for certification, including Dated: January 29, 2021. application must be filed with the proof of the date on which the certifying Kimberly D. Bose, Commission no later than 30 days from agency received the request; or (3) Secretary. the issuance date of this notice. evidence of waiver of water quality [FR Doc. 2021–02329 Filed 2–3–21; 8:45 am] q. A license applicant must file no certification. Please note that the BILLING CODE 6717–01–P later than 60 days following the date of certification request must be sent to the issuance of the notice of acceptance and certifying authority and to the ready for environmental analysis Commission concurrently. provided for in § 5.22: (1) A copy of the water quality certification; (2) a copy of
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4703 Sfmt 9990 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8195
DEPARTMENT OF ENERGY electronic filing, you may submit a the intake; (11) a 22-foot-long, 12.5-foot- paper copy. Submissions sent via the high, and 9.5-foot-wide reinforced Federal Energy Regulatory U.S. Postal Service must be addressed concrete intake structure; (12) a 90-foot- Commission to: Kimberly D. Bose, Secretary, Federal long, 11-foot-diameter, steel-elbow [Project No. 9690–115] Energy Regulatory Commission, 888 penstock that leads from the intake to a First Street NE, Room 1A, Washington, 7,000-foot-long, 11-foot-diameter steel Eagle Creek Hydro Power, LLC; Eagle DC 20426. Submissions sent via any penstock connected to a 40-foot- Creek Water Resources, LLC; Eagle other carrier must be addressed to: diameter by 65-foot-high steel surge Creek Land Resources, LLC; Notice of Kimberly D. Bose, Secretary, Federal tank; (13) a 10-foot-diameter, 290-foot- Application Accepted for Filing, Energy Regulatory Commission, 12225 long underground steel penstock from Soliciting Motions To Intervene and Wilkins Avenue, Rockville, Maryland the surge tank branching into two 7- Protests, Ready for Environmental 20852. The first page of any filing foot-diameter, 90-foot-long steel Analysis, and Soliciting Comments, should include docket number P–9690– penstocks leading to the main Recommendations, Preliminary Terms 115. powerhouse; (14) an 82-foot-long by 30- and Conditions, and Preliminary The Commission’s Rules of Practice feet-wide by 33-foot-high brick and steel Fishway Prescriptions require all intervenors filing documents main powerhouse containing two 5 with the Commission to serve a copy of megawatt (MW) vertical-axis turbines; Take notice that the following that document on each person on the (15) a 100-foot-long, 4-foot-diameter, hydroelectric application has been filed official service list for the project. high density polyethylene penstock that with the Commission and is available Further, if an intervenor files comments branches off the main penstock about for public inspection. or documents with the Commission 300 feet downstream of the dam and a. Type of Application: New Major relating to the merits of an issue that leads to a 30-foot-long by 27-foot-wide License. may affect the responsibilities of a by 24-foot-high reinforced concrete b. Project No.: 9690–115. particular resource agency, they must minimum flow powerhouse containing c. Date Filed: March 31, 2020. also serve a copy of the document on one 0.8 MW horizontal-axis turbine; (16) d. Applicants: Eagle Creek Hydro that resource agency. a 45-foot-wide by 225-foot-long tailrace Power, LLC, Eagle Creek Water k. This application has been accepted with a 65-foot-long concrete weir from Resources, LLC, and Eagle Creek Land for filing and is now ready for the main powerhouse; (17) a 10-foot- Resources, LLC (collectively referred to environmental analysis. wide by 38-foot-long tailrace from the as Eagle Creek). The Council on Environmental minimum flow powerhouse; (18) a 150- e. Name of Project: Rio Hydroelectric Quality (CEQ) issued a final rule on July foot-long, 4-kilovolt (kV) underground Project (Rio Project). 15, 2020, revising the regulations under transmission line from the main f. Location: The existing project is 40 CFR parts 1500–1518 that federal powerhouse to an adjacent substation; located on the Mongaup River in agencies use to implement NEPA (see and (19) a 7,600-foot-long, 4-kV Sullivan and Orange Counties, New Update to the Regulations Implementing aboveground transmission line from the York. The project does not occupy the Procedural Provisions of the minimum flow powerhouse to the federal lands. National Environmental Policy Act, 85 substation. The project generates an g. Filed Pursuant to: Federal Power FR 43304). The Final Rule became average of 24,859 megawatt-hours Act 16 U.S.C. 791 (a)–825(r). effective on and applies to any NEPA annually. The megawatt-hours h. Applicant Contact: Jody J. Smet, process begun after September 14, 2020. represents Units 1 through 3 from 2014– Vice President Regulatory Affairs, 116 N An agency may also apply the 2019, including an extended outage of State Street, P.O. Box 167, Neshkoro, WI regulations to ongoing activities and Unit 3 in 2015. Eagle Creek proposes to 54960; Telephone (804) 739–0654. environmental documents begun before continue to operate the project in a i. FERC Contact: Nicholas Ettema, September 14, 2020, which includes the peaking mode. (312) 596–4447 or nicholas.ettema@ proposed Rio Project. Commission staff m. A copy of the application can be ferc.gov. intends to conduct its NEPA review in viewed on the Commission’s website at j. Deadline for filing motions to accordance with CEQ’s new regulations. https://www.ferc.gov using the intervene and protests, comments, l. The Rio Project consists of: (1) A ‘‘eLibrary’’ link. Enter the docket recommendations, preliminary terms reservoir with a gross storage capacity of number excluding the last three digits in and conditions, and preliminary 14,536 acre-feet and a surface area of the docket number field to access the prescriptions: 60 days from the issuance 444 acres; (2) a 264-foot-long, gravity- document. For assistance, contact FERC date of this notice; reply comments are type concrete spillway with a maximum Online Support. due 105 days from the issuance date of height of 101 feet at a crest elevation of Register online at http:// this notice. 810 feet National Geodetic Vertical www.ferc.gov/docs-filing/ The Commission strongly encourages Datum of 1929 (NGVD29); (3) a 22-foot- esubscription.asp to be notified via electronic filing. Please file using the long, concrete gravity intake structure; email of new filings and issuances Commission’s eFiling system at https:// (4) a 99-foot-long, concrete gravity non- related to this or other pending projects. ferconline.ferc.gov/FERCOnline.aspx. overflow section; (5) a 540-foot-long, For assistance, contact FERC Online Commenters can submit brief comments earth-fill embankment; (6) a 102-foot- Support. up to 6,000 characters, without prior long, concrete gravity non-overflow n. Anyone may submit comments, a registration, using the eComment system section; (7) a 460-foot-long, earth-fill protest, or a motion to intervene in at https://ferconline.ferc.gov/ embankment with a 20-foot-wide crest accordance with the requirements of QuickComment.aspx. You must include at an elevation of 825 feet NGVD29; (8) Rules of Practice and Procedure, 18 CFR your name and contact information at a 1.5-mile-long bypassed reach; (9) a 22- 385.210, .211, and .214. In determining the end of your comments. For foot-square reinforced-concrete the appropriate action to take, the assistance, please contact FERC Online gatehouse with a 14-foot-high, 11-foot- Commission will consider all protests or Support at FERCOnlineSupport@ wide steel intake gate; (10) a 15-foot- other comments filed, but only those ferc.gov, (866) 208–3676 (toll free), or wide by 46-foot-high trashrack with 2.9- who file a motion to intervene in (202) 502–8659 (TTY). In lieu of inch bar clear spacing at the entrance to accordance with the Commission’s
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8196 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Rules may become a party to the application to which the filing upon each representative of the proceeding. Any comments, protests, or responds; (3) furnish the name, address, applicant specified in the particular motions to intervene must be received and telephone number of the person application. A copy of all other filings on or before the specified comment date protesting or intervening; and (4) in reference to this application must be for the particular application. otherwise comply with the requirements accompanied by proof of service on all All filings must (1) bear in all capital of 18 CFR 385.2001 through 385.2005. persons listed in the service list letters the title ‘‘PROTEST’’, ‘‘MOTION All comments, recommendations, terms prepared by the Commission in this TO INTERVENE’’, ‘‘COMMENTS,’’ and conditions or prescriptions must set proceeding, in accordance with 18 CFR ‘‘REPLY COMMENTS,’’ forth their evidentiary basis and 4.34(b) and 385.2010. ‘‘RECOMMENDATIONS,’’ otherwise comply with the requirements ‘‘PRELIMINARY TERMS AND o. Procedural Schedule: The CONDITIONS,’’ or ‘‘PRELIMINARY of 18 CFR 4.34(b). Agencies may obtain application will be processed according FISHWAY PRESCRIPTIONS’’; (2) set copies of the application directly from to the following schedule. Revisions to forth in the heading the name of the the applicant. A copy of any protest or the schedule may be made as applicant and the project number of the motion to intervene must be served appropriate.
Milestone Target date
Deadline for filing comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions ...... March 2021. Deadline for Filing Reply Comments ...... May 2021.
p. Final amendments to the Environmental Assessment (EA) for the eComment system at https:// application must be filed with the project. ferconline.ferc.gov/ Commission no later than 30 days from The EA contains staff’s analysis of the QuickComment.aspx. You must include the issuance date of this notice. potential environmental impacts of the your name and contact information at q. A license applicant must file no Chittenden Falls Project and concludes the end of your comments. For later than 60 days following the date of that licensing the project, with assistance, please contact FERC Online issuance of the notice of acceptance and appropriate environmental protective Support. In lieu of electronic filing, you ready for environmental analysis measures, would not constitute a major may submit a paper copy. Submissions provided for in § 5.22: (1) A copy of the federal action that would significantly sent via the U.S. Postal Service must be water quality certification; (2) a copy of affect the quality of the human addressed to: Kimberly D. Bose, the request for certification, including environment. proof of the date on which the certifying The Commission provides all Secretary, Federal Energy Regulatory agency received the request; or (3) interested persons with an opportunity Commission, 888 First Street NE, Room evidence of waiver of water quality to view and/or print the EA via the 1A, Washington, DC 20426. certification. Please note that the internet through the Commission’s Submissions sent via any other carrier certification request must be sent to the Home Page (http://www.ferc.gov) using must be addressed to: Kimberly D. Bose, certifying authority and to the the ‘‘eLibrary’’ link. Enter the docket Secretary, Federal Energy Regulatory Commission concurrently. number, excluding the last three digits Commission, 12225 Wilkins Avenue, Dated: January 29, 2021. in the docket number field, to access the Rockville, Maryland 20852. The first Kimberly D. Bose, document. At this time, the Commission page of any filing should include docket number P–3273–024. Secretary. has suspended access to the Commission’s Public Reference Room, [FR Doc. 2021–02333 Filed 2–3–21; 8:45 am] For further information, contact due to the proclamation declaring a BILLING CODE 6717–01–P Monir Chowdhury at (202) 502–6736, or National Emergency concerning the at [email protected]. Novel Coronavirus Disease (COVID–19), Dated: January 29, 2021. DEPARTMENT OF ENERGY issued by the President on March 13, 2020. For assistance, contact FERC Kimberly D. Bose, Federal Energy Regulatory Online Support at Secretary. Commission [email protected] or toll- [FR Doc. 2021–02332 Filed 2–3–21; 8:45 am] free at (866) 208–3676, or for TTY, (202) BILLING CODE 6717–01–P [Project No. 3273–024] 502–8659. Chittenden Falls Hydropower, Inc.; You may also register online at Notice of Availability of Environmental https://ferconline.ferc.gov/ Assessment eSubscription.aspx to be notified via email of new filings and issuances In accordance with the National related to this or other pending projects. Environmental Policy Act of 1969 and For assistance, contact FERC Online the Federal Energy Regulatory Support. Commission’s (Commission) Any comments should be filed within regulations, 18 CFR part 380, the Office 45 days from the date of this notice. of Energy Projects has reviewed the The Commission strongly encourages application for a subsequent license for electronic filing. Please file comments the Chittenden Falls Hydroelectric using the Commission’s eFiling system Project No. 3273 (Chittenden Falls at https://ferconline.ferc.gov/ Project), located on Kinderhook Creek eFiling.aspx. Commenters can submit near the Town of Stockport, Columbia brief comments up to 6,000 characters, County, New York, and has prepared an without prior registration, using the
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4703 Sfmt 9990 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8197
DEPARTMENT OF ENERGY (202) 502–8659 (TTY). In lieu of 11.5-foot-long gated concrete tower; (5) electronic filing, you may submit a an upper 4-foot-wide by 5-foot-high gate Federal Energy Regulatory paper copy. Submissions sent via the and a lower 3-foot-wide by 5-foot-high Commission U.S. Postal Service must be addressed gate; and (6) a 565-foot-long by 8-foot- [Project No. 10482–122] to: Kimberly D. Bose, Secretary, Federal wide by 8-foot-high horseshoe-shaped Energy Regulatory Commission, 888 concrete conduit. Eagle Creek Hydro Power, LLC; Eagle First Street NE, Room 1A, Washington, The Cliff Lake Development consists Creek Water Resources, LLC; Eagle DC 20426. Submissions sent via any of: (1) A reservoir with a gross storage Creek Land Resources, LLC; Notice of other carrier must be addressed to: capacity of 3,200 acre-feet and a surface Application Accepted for Filing, Kimberly D. Bose, Secretary, Federal area of 183 acres; (2) a 95-foot-long by Soliciting Motions To Intervene and Energy Regulatory Commission, 12225 20-foot-wide by 36-foot-high east Protests, Ready for Environmental Wilkins Avenue, Rockville, Maryland earthen embankment; (3) a 150-foot-long Analysis, and Soliciting Comments, 20852. The first page of any filing by 44-foot-wide by 36-foot-high concrete Recommendations, Preliminary Terms should include docket number P– non-overflow section; (4) a 100-foot-long and Conditions, and Preliminary 10482–122. by 5-foot-wide by 26-foot-high concrete Fishway Prescriptions The Commission’s Rules of Practice overflow spillway section with 13-inch- require all intervenors filing documents high flashboards; (5) a 270-foot-long by Take notice that the following with the Commission to serve a copy of 20-foot-wide by 50-foot-high west hydroelectric application has been filed that document on each person on the earthen embankment; (6) a 5.3-footwide, with the Commission and is available official service list for the project. 6.7-foot-high, 2,100-foot-long horseshoe- for public inspection. Further, if an intervenor files comments shaped tunnel; (7) a 4-foot by 4-foot a. Type of Application: New Major or documents with the Commission sluice gate; and (8) a 5-foot-wide by 5- License. relating to the merits of an issue that foot-high lift gate. b. Project No.: 10482–122. may affect the responsibilities of a The Swinging Bridge Development c. Date Filed: March 31, 2020. particular resource agency, they must consists of: (1) A reservoir with a gross d. Applicants: Eagle Creek Hydro also serve a copy of the document on storage capacity of 35,925 acre-feet and Power, LLC, Eagle Creek Water that resource agency. a surface area of 980 acres; (2) a 965- Resources, LLC, and Eagle Creek Land k. This application has been accepted foot-long by 135-foot-high earth-fill dam Resources, LLC (collectively referred to for filing and is now ready for with a 25-foot-wide crest at elevation as Eagle Creek). environmental analysis. 1,080 feet NGVD29; (3) a 750-foot-long e. Name of Project: Swinging Bridge The Council on Environmental by 250-foot-wide concrete side channel Hydroelectric Project (Swinging Bridge Quality (CEQ) issued a final rule on July spillway; (4) a 5-foot-high by 122.5-foot- Project). 15, 2020, revising the regulations under wide gate section and five motor driven f. Location: The existing project is 40 CFR parts 1500–1518 that federal 22.5-foot-wide by 5-foot-high vertical- located on the Mongaup River and Black agencies use to implement NEPA (see lift timber gates; (5) a 692-foot-long, 10- Lake Creek in Sullivan County, New Update to the Regulations Implementing foot-diameter steel lined concrete York. The project does not occupy the Procedural Provisions of the penstock that supplied water to the Unit federal lands. National Environmental Policy Act, 85 1 powerhouse (which has been retired g. Filed Pursuant to: Federal Power FR 43304). The Final Rule became in place); (6) a 22-foot-wide, 32-foot- Act 16 U.S.C. 791 (a)–825(r). effective on and applies to any NEPA high reinforced concrete intake covered h. Applicant Contact: Jody J. Smet, process begun after September 14, 2020. by an inclined, 22-foot-wide, 32.3-foot- Vice President Regulatory Affairs, 116 N An agency may also apply the high trashrack with bar clear spacing of State Street, P.O. Box 167, Neshkoro, WI regulations to ongoing activities and 2.6 inches; (7) 784-foot-long, 9.75-foot- 54960; Telephone (804) 739–0654. environmental documents begun before diameter concrete-lined tunnel i. FERC Contact: Nicholas Ettema, September 14, 2020, which includes the connected to a 188-foot-long, 10-foot- (312) 596–4447 or nicholas.ettema@ proposed Swinging Bridge Project. diameter all-steel penstock that supplies ferc.gov. Commission staff intends to conduct its water to the Unit 2 powerhouse; (8) a j. Deadline for filing motions to NEPA review in accordance with CEQ’s 30-foot-diameter steel surge tank; (9) a intervene and protests, comments, new regulations. 10-foot-long, 4-foot-diameter penstock recommendations, preliminary terms l. The Swinging Bridge Project branching off the Unit 2 penstock that and conditions, and preliminary includes the Toronto Development, the supplies water to the Unit 3 prescriptions: 60 days from the issuance Cliff Lake Development, and the powerhouse; (10) a 48-foot-wide by 33- date of this notice; reply comments are Swinging Bridge Development. Water foot-long by 35-foot, 8-inch-high brick due 105 days from the issuance date of stored in Toronto Reservoir is released and steel Unit 2 powerhouse containing this notice. into Cliff Lake Reservoir, which is one 6.75 megawatt (MW) generating The Commission strongly encourages connected to Swinging Bridge Reservoir unit; (11) a 30-foot-long by 30-foot-wide electronic filing. Please file using the via a tunnel. by 20-foot-high concrete and steel Unit Commission’s eFiling system at https:// The Toronto Development consists of: 3 powerhouse containing one 1.1 MW ferconline.ferc.gov/FERCOnline.aspx. (1) A reservoir with a gross storage generating unit; (12) one 25-foot-wide Commenters can submit brief comments capacity of 27,064 acre-feet and a by 75-foot-long tailrace and one 6-foot- up to 6,000 characters, without prior surface area of 843 acres; (2) a 1,620- wide by 20-foot-long tailrace; and (13) a registration, using the eComment system foot-long by 103-foot-high earth-fill dam 150-foot-long, 2.3-kilovolt (kV) at https://ferconline.ferc.gov/ with a 25-foot-wide crest at elevation transmission line that connects the Unit QuickComment.aspx. You must include 1,230 feet National Geodetic Vertical 2 powerhouse to an adjacent substation your name and contact information at Datum of 1929 (NGVD29); (3) a 700-foot- and a 250-foot-long, 4-kV transmission the end of your comments. For long by 50-foot-wide concrete and rock line that connects the Unit 3 assistance, please contact FERC Online side-channel spillway equipped with 5- powerhouse to the same substation. The Support at FERCOnlineSupport@ foot-high by 50-foot-wide pin-type project generates an average of 11,639 ferc.gov, (866) 208–3676 (toll free), or flashboards; (4) a 17.5-foot-wide by megawatt-hours annually (Unit 2 only).
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8198 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Eagle Creek proposes to continue to other comments filed, but only those of 18 CFR 385.2001 through 385.2005. operate the project in a peaking mode. who file a motion to intervene in All comments, recommendations, terms m. A copy of the application can be accordance with the Commission’s and conditions or prescriptions must set viewed on the Commission’s website at Rules may become a party to the forth their evidentiary basis and https://www.ferc.gov using the proceeding. Any comments, protests, or otherwise comply with the requirements ‘‘eLibrary’’ link. Enter the docket motions to intervene must be received of 18 CFR 4.34(b). Agencies may obtain number excluding the last three digits in on or before the specified comment date copies of the application directly from the docket number field to access the for the particular application. the applicant. A copy of any protest or document. For assistance, contact FERC motion to intervene must be served Online Support. All filings must (1) bear in all capital letters the title ‘‘PROTEST’’, ‘‘MOTION upon each representative of the Register online at http:// applicant specified in the particular www.ferc.gov/docs-filing/ TO INTERVENE’’, ‘‘COMMENTS,’’ ‘‘REPLY COMMENTS,’’ application. A copy of all other filings esubscription.asp to be notified via in reference to this application must be email of new filings and issuances ‘‘RECOMMENDATIONS,’’ accompanied by proof of service on all related to this or other pending projects. ‘‘PRELIMINARY TERMS AND persons listed in the service list For assistance, contact FERC Online CONDITIONS,’’ or ‘‘PRELIMINARY prepared by the Commission in this Support. FISHWAY PRESCRIPTIONS;’’ (2) set n. Anyone may submit comments, a forth in the heading the name of the proceeding, in accordance with 18 CFR protest, or a motion to intervene in applicant and the project number of the 4.34(b) and 385.2010. accordance with the requirements of application to which the filing o. Procedural Schedule: The Rules of Practice and Procedure, 18 CFR responds; (3) furnish the name, address, application will be processed according 385.210, .211, and .214. In determining and telephone number of the person to the following schedule. Revisions to the appropriate action to take, the protesting or intervening; and (4) the schedule may be made as Commission will consider all protests or otherwise comply with the requirements appropriate.
Milestone Target date
Deadline for filing comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions ...... March 2021. Deadline for Filing Reply Comments ...... May 2021.
p. Final amendments to the DEPARTMENT OF ENERGY The Commission strongly encourages application must be filed with the electronic filing. Please file comments, Commission no later than 30 days from Federal Energy Regulatory motions to intervene, and protests using the issuance date of this notice. Commission the Commission’s eFiling system at http://www.ferc.gov/docs-filing/ q. A license applicant must file no [Project No. 2804–037] efiling.asp. Commenters can submit later than 60 days following the date of Goose River Hydro Inc.; Notice of brief comments up to 6,000 characters, issuance of the notice of acceptance and without prior registration, using the ready for environmental analysis Termination of License (Minor Project) by Implied Surrender and Soliciting eComment system at http:// provided for in § 5.22: (1) a copy of the Comments, Protests, and Motions To www.ferc.gov/docs-filing/ water quality certification; (2) a copy of Intervene ecomment.asp. You must include your the request for certification, including name and contact information at the end proof of the date on which the certifying Take notice that the following of your comments. For assistance, agency received the request; or (3) hydroelectric proceeding has been please contact FERC Online Support at evidence of waiver of water quality initiated by the Commission: [email protected], (866) certification. Please note that the a. Application Type: Termination of 208–3676 (toll free), or (202) 502–8659 certification request must be sent to the License by Implied Surrender. (TTY). In lieu of electronic filing, you certifying authority and to the b. Project No: 2804–037. may submit a paper copy. Submissions Commission concurrently. c. Date Initiated: January 29, 2021. sent via the U.S. Postal Service must be d. Licensee: Goose River Hydro Inc. addressed to: Kimberly D. Bose, Dated: January 29, 2021. e. Name of Project: Goose River Secretary, Federal Energy Regulatory Kimberly D. Bose, Hydroelectric Project. Commission, 888 First Street NE, Room Secretary. f. Location: The Goose River 1A, Washington, DC 20426. [FR Doc. 2021–02330 Filed 2–3–21; 8:45 am] Hydroelectric Project is located on the Submissions sent via any other carrier BILLING CODE 6717–01–P Goose River near Belfast and Swanville, must be addressed to: Kimberly D. Bose, Waldo County, Maine. Secretary, Federal Energy Regulatory g. Filed Pursuant to: Standard Article Commission, 12225 Wilkins Avenue, 16. Rockville, Maryland 20852. The first h. Applicant Contact: Mr. Kyle J. page of any filing should include docket Skinner, Vice President, Goose River numbers P–2804–037. Comments Hydro Inc., P.O. Box 334, Belfast, ME emailed to Commission staff are not 04915. considered part of the Commission i. FERC Contact: Diana Shannon, record. (202) 502–6136, diana.shannon@ k. Description of Project Facilities: ferc.gov. The project includes five developments, j. Deadline for filing comments, along approximately 8 miles of the motions to intervene and protests: Goose River: Swan Lake, Mason’s, Kelly, March 1, 2021. Mill, and Central Maine Power (CMP).
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8199
Only three of these can generate obtain copies of the application directly FEDERAL ELECTION COMMISSION electricity: Mason’s, Mill, and CMP from the applicant. developments. Project features include n. Individuals desiring to be included Sunshine Act Meetings the dams, intakes, gates, penstocks, on the Commission’s mailing list should powerhouses, tailraces, and so indicate by writing to the Secretary TIME AND DATE: Tuesday, February 9, transmission lines at each development. of the Commission. 2020 at 10:00 a.m. Impoundments at Swan Lake, Kelly, o. Comments, Protests, or Motions to PLACE: 1050 First Street NE, Mill, and CMP developments, and a Intervene: Anyone may submit Washington, DC (This meeting will be a portion of the impoundment at the comments, a protest, or a motion to virtual meeting). Mason’s development is included in the intervene in accordance with the STATUS: This meeting will be closed to project boundary. The Mill and CMP requirements of Rules of Practice and the public. Procedure, 18 CFR 385.210, .211, .214, development are in disrepair and have MATTERS TO BE CONSIDERED: Compliance not generated since 2003. respectively. In determining the appropriate action to take, the matters pursuant to 52 U.S.C. 30109. l. Description of Proceeding: License Matters relating to internal personnel Article 16 states in part: If the licensee Commission will consider all protests or other comments filed, but only those decisions, or internal rules and shall abandon or discontinue good faith practices. operation of the project or refuse or who file a motion to intervene in accordance with the Commission’s Investigatory records compiled for neglect to comply with the terms of the law enforcement purposes and license and the lawful orders of the Rules may become a party to the proceeding. Any comments, protests, or production would disclose investigative Commission mailed to the record techniques. address of the licensee or its agent, the motions to intervene must be received on or before the specified comment date Information the premature disclosure Commission will deem it to be the of which would be likely to have a intent of the licensee to surrender the for the particular application. p. Filing and Service of Responsive considerable adverse effect on the license. In this proceeding, the Documents: Any filing must (1) bear in implementation of a proposed Commission may find cause to waive all capital letters the title Commission action. the requirement in 18 CFR 6.4 to wait ‘‘COMMENTS,’’ ‘‘PROTEST,’’ or Matters concerning participation in 90 days after public notice to terminate ‘‘MOTION TO INTERVENE’’ as civil actions or proceedings or the license. applicable; (2) set forth in the heading arbitration. Since 2014, Commission staff have the name of the applicant and the * * * * * worked with Goose River Hydro, Inc., project number of the application to CONTACT PERSON FOR MORE INFORMATION: licensee, to restore project operation. On which the filing responds; (3) furnish February 2, 2018, the licensee filed an Judith Ingram, Press Officer, Telephone: the name, address, and telephone (202) 694–1220. application for subsequent license, but number of the person protesting or failed to provide specific details on intervening; and (4) otherwise comply Vicktoria J. Allen, needed repairs. On July 16, 2019, with the requirements of 18 CFR Acting Deputy Secretary of the Commission. Commission staff informed the licensee 385.2001–385.2005. All comments, [FR Doc. 2021–02453 Filed 2–2–21; 4:15 pm] of the need for additional information. motions to intervene, or protests must BILLING CODE 6715–01–P A response was filed on October 31, set forth their evidentiary basis and 2019, which by letter dated January 8, otherwise comply with the requirements 2020, Commission staff found of 18 CFR 4.34(b). All comments, DEPARTMENT OF HEALTH AND inadequate. On April 10, 2020, motions to intervene, or protests should HUMAN SERVICES Commission staff issued an order relate to project works which are the dismissing the licensee’s application for subject of the implied surrender. Centers for Medicare & Medicaid a subsequent license. By order dated Agencies may obtain copies of the Services September 3, 2020, the Commission application directly from the applicant. directed the licensee to file a surrender [Document Identifiers: CMS–718—CMS– A copy of any protest or motion to 721, and CMS–724] application by January 31, 2021. In a intervene must be served upon each January 8, 2021 filing, the licensee states representative of the applicant specified Agency Information Collection it is incapable of filing a surrender in the particular application. If an Activities: Proposed Collection; application because it has no assets, intervener files comments or documents Comment Request Goose River Hydro, Inc. is in with the Commission relating to the dissolution, and it does not have the merits of an issue that may affect the AGENCY: Centers for Medicare & rights to certain project features. responsibilities of a particular resource Medicaid Services, Health and Human m. Location of the Application: This agency, they must also serve a copy of Services (HHS). filing may be viewed on the the document on that resource agency. ACTION: Notice. Commission’s website at http:// A copy of all other filings in reference www.ferc.gov using the ‘‘eLibrary’’ link. to this application must be accompanied SUMMARY: The Centers for Medicare & Enter the docket number excluding the by proof of service on all persons listed Medicaid Services (CMS) is announcing last three digits in the docket number in the service list prepared by the an opportunity for the public to field to access the document. You may Commission in this proceeding, in comment on CMS’ intention to collect also register online at http:// accordance with 18 CFR 4.34(b) and information from the public. Under the www.ferc.gov/docs-filing/ 385.2010. Paperwork Reduction Act of 1995 (the esubscription.asp to be notified via PRA), federal agencies are required to email of new filings and issuances Dated: January 29, 2021. publish notice in the Federal Register related to this or other pending projects. Kimberly D. Bose, concerning each proposed collection of For assistance, call 1–866–208–3676 or Secretary. information (including each proposed email [email protected], for [FR Doc. 2021–02331 Filed 2–3–21; 8:45 am] extension or reinstatement of an existing TTY, call (202) 502–8659. Agencies may BILLING CODE 6717–01–P collection of information) and to allow
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8200 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
60 days for public comment on the Under the PRA (44 U.S.C. 3501– Medicaid Psychiatric Hospital Survey proposed action. Interested persons are 3520), federal agencies must obtain Data and Supporting Regulations; Use: invited to send comments regarding our approval from the Office of Management The CMS–724 form is used to collect burden estimates or any other aspect of and Budget (OMB) for each collection of data that assists us in program planning this collection of information, including information they conduct or sponsor. and evaluation and in maintaining an the necessity and utility of the proposed The term ‘‘collection of information’’ is accurate database on providers information collection for the proper defined in 44 U.S.C. 3502(3) and 5 CFR participating in the psychiatric hospital performance of the agency’s functions, 1320.3(c) and includes agency requests program. Specifically, we use the the accuracy of the estimated burden, or requirements that members of the information collected on this form in ways to enhance the quality, utility, and public submit reports, keep records, or evaluating the Medicare psychiatric clarity of the information to be provide information to a third party. hospital program. The form is also used collected, and the use of automated Section 3506(c)(2)(A) of the PRA for audit purposes; determining patient collection techniques or other forms of requires federal agencies to publish a population and characteristics of the information technology to minimize the 60-day notice in the Federal Register hospital; and survey term composition. information collection burden. concerning each proposed collection of Form Number: CMS–724 (OMB control DATES: Comments must be received by information, including each proposed number: 0938–0378); Frequency: April 5, 2021. extension or reinstatement of an existing Annually; Affected Public: Business or collection of information, before other for-profits and Not-for-profit ADDRESSES: When commenting, please reference the document identifier or submitting the collection to OMB for institutions; Number of Respondents: OMB control number. To be assured approval. To comply with this 19; Total Annual Responses: 191; Total consideration, comments and requirement, CMS is publishing this Annual Hours: 96. (For policy questions notice. recommendations must be submitted in regarding this collection contact Caroline Gallaher at 410–786–8705.) any one of the following ways: Information Collection Dated: February 1, 2021. 1. Electronically. You may send your 1. Type of Information Collection comments electronically to http:// Request: Extension of a currently William N. Parham, III, www.regulations.gov. Follow the approved collection; Title of Director, Paperwork Reduction Staff, Office instructions for ‘‘Comment or Information Collection: Business of Strategic Operations and Regulatory Affairs. Submission’’ or ‘‘More Search Options’’ Proposal Forms for Quality to find the information collection Improvement Organizations (QIOs); Use: [FR Doc. 2021–02355 Filed 2–3–21; 8:45 am] document(s) that are accepting The submission of proposal information BILLING CODE 4120–01–P comments. by current quality improvement 2. By regular mail. You may mail associations (QIOs) and other bidders, DEPARTMENT OF HEALTH AND written comments to the following on the appropriate forms, will satisfy HUMAN SERVICES address: CMS, Office of Strategic our need for meaningful, consistent, and Operations and Regulatory Affairs, verifiable data with which to evaluate Division of Regulations Development, Centers for Medicare & Medicaid contract proposals. We use the data Services Attention: Document Identifier/OMB collected on the forms associated with lllll Control Number , Room C4– this information collection request to [Document Identifier: CMS–R–71, CMS–370 26–05, 7500 Security Boulevard, negotiate QIO contracts. We will be able and CMS–377, CMS–1572, and CMS–R–65] Baltimore, Maryland 21244–1850. to compare the costs reported by the Agency Information Collection To obtain copies of a supporting QIOs on the cost reports to the proposed Activities: Submission for OMB statement and any related forms for the costs noted on the business proposal Review; Comment Request proposed collection(s) summarized in forms. Subsequent contract and this notice, you may make your request modification negotiations will be based AGENCY: Centers for Medicare & using one of following: on historic cost data. The business Medicaid Services, Health and Human 1. Access CMS’ website address at proposal forms will be one element of Services (HHS). website address at https://www.cms.gov/ the historical cost data from which we ACTION: Notice. Regulations-and-Guidance/Legislation/ can analyze future proposed costs. In PaperworkReductionActof1995/PRA- addition, the business proposal format SUMMARY: The Centers for Medicare & Listing.html. will standardize the cost proposing and Medicaid Services (CMS) is announcing FOR FURTHER INFORMATION CONTACT: pricing process among all QIOs. With an opportunity for the public to William N. Parham at (410) 786–4669. well-defined cost centers and line items, comment on CMS’ intention to collect SUPPLEMENTARY INFORMATION: proposals can be compared among QIOs information from the public. Under the for reasonableness and appropriateness. Paperwork Reduction Act of 1995 Contents Form Number: CMS–718–721 (OMB (PRA), federal agencies are required to This notice sets out a summary of the control number: 0938–0579); Frequency: publish notice in the Federal Register use and burden associated with the Annually; Affected Public: Business or concerning each proposed collection of following information collections. More other for-profits and Not-for-profit information, including each proposed detailed information can be found in institutions; Number of Respondents: extension or reinstatement of an existing each collection’s supporting statement 58; Total Annual Responses: 58; Total collection of information, and to allow and associated materials (see Annual Hours: 2,320. (For policy a second opportunity for public ADDRESSES). questions regarding this collection comment on the notice. Interested CMS–718—721 Business Proposal contact Benjamin Bernstein at 410–786– persons are invited to send comments Forms for Quality Improvement 6570.) regarding the burden estimate or any Organizations (QIOs) 2. Type of Information Collection other aspect of this collection of CMS–724 Medicare/Medicaid Request: Extension of a currently information, including the necessity and Psychiatric Hospital Survey Data and approved collection; Title of utility of the proposed information Supporting Regulations Information Collection: Medicare/ collection for the proper performance of
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8201
the agency’s functions, the accuracy of amended Title XI of the Social Security Responses: 1,567; Total Annual Hours: the estimated burden, ways to enhance Act to create the Utilization and Quality 1,012. (For policy questions regarding the quality, utility, and clarity of the Control Peer Review Organization (PRO) this collection contact Caroline Gallaher information to be collected, and the use program which replaces the Professional at 410–786–8705.) Standards Review Organization (PSRO) of automated collection techniques or 3. Type of Information Collection other forms of information technology to program and streamlines peer review Request: Reinstatement with change of a minimize the information collection activities. The term PRO has been previously approved collection; Title of burden. renamed Quality Improvement Organization (QIO). This information Information Collection: Home Health DATES: Comments on the collection(s) of collection describes the review Agency Survey and Deficiencies Report; information must be received by the functions to be performed by the QIO. Use: In order to participate in the OMB desk officer by March 8, 2021. It outlines relationships among QIOs, Medicare Program as a Home Health ADDRESSES: Written comments and providers, practitioners, beneficiaries, Agency (HHA) provider, the HHA must recommendations for the proposed intermediaries, and carriers. Form meet federal standards. This form is information collection should be sent Number: CMS–R–71 (OMB control used to record information and patients’ within 30 days of publication of this number: 0938–0445); Frequency: Yearly; health and provider compliance with notice to www.reginfo.gov/public/do/ Affected Public: Business or other for- requirements and to report the PRAMain. Find this particular profit and Not-for-profit institutions; information to the federal government. information collection by selecting Number of Respondents: 6,939; Total Form Number: CMS–1572 (OMB control ‘‘Currently under 30-day Review—Open Annual Responses: 972,478; Total number: 0938–0355); Frequency: Yearly; for Public Comments’’ or by using the Annual Hours: 1,034,655. (For policy Affected Public: State, Local or Tribal search function. questions regarding this collection Government; Number of Respondents: To obtain copies of a supporting contact Kimberly Harris at 401–837– 3,833; Total Annual Responses: 3,833; statement and any related forms for the 1118.) Total Annual Hours: 1,917. (For policy proposed collection(s) summarized in 2. Type of Information Collection questions regarding this collection this notice, you may make your request Request: Extension of a currently using the following: approved collection; Titles of contact Tara Lemons at 410–786–3030.) 1. Access CMS’ website address at Information Collection: ASC Forms for 4. Type of Information Collection website address at https://www.cms.gov/ Medicare Program Certification; Use: Request: Extension of a currently Regulations-and-Guidance/Legislation/ The form CMS–370 titled ‘‘Health approved collection; Title of PaperworkReductionActof1995/PRA- Insurance Benefits Agreement’’ is used Information Collection: Final Peer Listing.html for the purpose of establishing an ASC’s Review Organizations Sanction FOR FURTHER INFORMATION CONTACT: eligibility for payment under Title XVIII Regulations; Use: The Peer Review William Parham at (410) 786–4669. of the Social Security Act (the ‘‘Act’’). Improvement Act of 1982 amended Title This agreement, upon acceptance by the SUPPLEMENTARY INFORMATION: Under the XI of the Social Security Act (the Act), Secretary of Health & Human Services, creating the Utilization and Quality Paperwork Reduction Act of 1995 (PRA) shall be binding on the ASC and the (44 U.S.C. 3501–3520), federal agencies Control Peer Review Organization Secretary. The agreement may be Program. Section 1156 of the Act must obtain approval from the Office of terminated by either party in accordance imposes obligations on health care Management and Budget (OMB) for each with regulations. In the event of practitioners and others who furnish or collection of information they conduct termination of this agreement, payment or sponsor. The term ‘‘collection of will not be available for the ASC’s order services or items under Medicare. information’’ is defined in 44 U.S.C. services furnished to Medicare This section also provides for sanction 3502(3) and 5 CFR 1320.3(c) and beneficiaries on or after the effective actions, if the Secretary determines that includes agency requests or date of termination. the obligations as stated by this section requirements that members of the public The CMS–377 form is used by ASCs are not met. Quality Improvement submit reports, keep records, or provide to initiate both the initial and renewal Organizations (QIOs) are responsible for information to a third party. Section survey by the State Survey Agency, identifying violations. The QIOs may 3506(c)(2)(A) of the PRA (44 U.S.C. which provides the certification allow practitioners or other entities, 3506(c)(2)(A)) requires federal agencies required for an ASC to participate in the opportunities to submit relevant to publish a 30-day notice in the Medicare program. An ASC must information before determining that a Federal Register concerning each complete the CMS–377 form and send it violation has occurred. The information proposed collection of information, to the appropriate State Survey Agency collection requirements contained in including each proposed extension or prior to their scheduled accreditation this information collection request are reinstatement of an existing collection renewal date. The CMS–377 form used by the QIOs to collect the of information, before submitting the provides the State Survey Agency with information necessary to make their collection to OMB for approval. To information about the ASC facility’s decision. Form Number: CMS–R–65 comply with this requirement, CMS is characteristics, such as, determining the (OMB control number: 0938–0444); publishing this notice that summarizes size and the composition of the survey Frequency: Occasionally; Affected the following proposed collection(s) of team on the basis of the number of ORs/ information for public comment: procedure rooms and the types of Public: Private sector—Business or other 1. Type of Information Collection surgical procedures performed in the for-profit and Not-for-profit institutions; Request: Extension of a currently ASC. Form Numbers: CMS–370 and Number of Respondents: 18; Total approved collection; Title of CMS–377 (OMB control number: 0938– Annual Responses: 18; Total Annual Information Collection: Quality 0266); Frequency: Occasionally; Hours: 4,716. (For policy questions Improvement Organization (QIO) Affected Public: Private Sector— regarding this collection contact Assumption of Responsibilities and Business or other for-profit and Not-for- Kimberly Harris at 401–837–1118.) Supporting Regulations; Use: The Peer profit institutions; Number of Review Improvement Act of 1982 Respondents: 1,567; Total Annual
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8202 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Dated: February 1, 2021. proposed collection(s) summarized in Dated: February 1, 2021. William N. Parham, III, this notice, you may make your request William N. Parham, III, Director, Paperwork Reduction Staff, Office using one of following: Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory 1. Access CMS’ website address at of Strategic Operations and Regulatory Affairs. Affairs. website address at https://www.cms.gov/ [FR Doc. 2021–02358 Filed 2–3–21; 8:45 am] Regulations-and-Guidance/Legislation/ [FR Doc. 2021–02319 Filed 2–3–21; 8:45 am] BILLING CODE 4120–01–P PaperworkReductionActof1995/PRA- BILLING CODE 4120–01–P Listing.html. DEPARTMENT OF HEALTH AND 2. Call the Reports Clearance Office at DEPARTMENT OF HEALTH AND HUMAN SERVICES (410) 786–1326. HUMAN SERVICES Centers for Medicare & Medicaid FOR FURTHER INFORMATION CONTACT: Office of the Secretary Services William Parham at (410) 786–4669. Findings of Research Misconduct; [Document Identifier: CMS–10292] SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 (PRA) Correction Agency Information Collection (44 U.S.C. 3501–3520), federal agencies AGENCY: Office of the Secretary, HHS. Activities: Submission for OMB must obtain approval from the Office of ACTION: Correction of notice. Review; Comment Request Management and Budget (OMB) for each collection of information they conduct SUMMARY: This document corrects errors AGENCY: Centers for Medicare & or sponsor. The term ‘‘collection of that appeared in the notice published in Medicaid Services, Health and Human information’’ is defined in 44 U.S.C. the November 7, 2019, Federal Register Services (HHS). 3502(3) and 5 CFR 1320.3(c) and entitled ‘‘Findings of Research ACTION: Notice. includes agency requests or Misconduct.’’ requirements that members of the public SUMMARY: The Centers for Medicare & DATES: submit reports, keep records, or provide Medicaid Services (CMS) is announcing Effective Date: February 4, 2021. information to a third party. Section an opportunity for the public to Applicability Date: The correction 3506(c)(2)(A) of the PRA (44 U.S.C. comment on CMS’ intention to collect notice is applicable for the Findings of 3506(c)(2)(A)) requires federal agencies information from the public. Under the Research Misconduct notice published Paperwork Reduction Act of 1995 to publish a 30-day notice in the on November 7, 2019. (PRA), federal agencies are required to Federal Register concerning each FOR FURTHER INFORMATION CONTACT: Ms. publish notice in the Federal Register proposed collection of information, Karen Gorirossi or Dr. Alexander Runko concerning each proposed collection of including each proposed extension or at 240–453–8800. information, including each proposed reinstatement of an existing collection SUPPLEMENTARY INFORMATION: extension or reinstatement of an existing of information, before submitting the I. Background collection of information, and to allow collection to OMB for approval. To a second opportunity for public comply with this requirement, CMS is In FR Doc. 2019–24291 of November comment on the notice. Interested publishing this notice that summarizes 7, 2019 (84 FR 60097–60098), there persons are invited to send comments the following proposed collection(s) of were errors involving incorrect citations regarding the burden estimate or any information for public comment: for published papers affecting six other aspect of this collection of 1. Type of Information Collection paragraphs on page 60098. The errors information, including the necessity and Request: Extension of a currently are identified and corrected in the utility of the proposed information approved collection; Title of Correction of Errors section below. collection for the proper performance of Information Collection: State Medicaid II. Correction of Errors the agency’s functions, the accuracy of HIT Plan, Planning Advance Planning In FR Doc. 2019–24291 of November the estimated burden, ways to enhance Document, and Implementation 7, 2019 (84 FR 60097–60098), make the the quality, utility, and clarity of the Advance Planning Document for following corrections: information to be collected, and the use Section 4201 of the Recovery Act; Use: 1. On page 60098, first column, in FR of automated collection techniques or To assess the appropriateness of state other forms of information technology to Doc. 2019–24291, fifth paragraph, lines requests for the administrative Federal 1–2, change ‘‘Am. J. Physiol. Lung Cell. minimize the information collection financial participation for expenditures burden. Mol. Biol.’’ to ‘‘Am. J. Resp. Cell. Mol. under their Medicaid Electronic Health Biol.’’ and in lines 3–5, remove DATES: Comments on the collection(s) of Record Incentive Program related to ‘‘(hereafter referred to as ‘‘Am. J. information must be received by the health information exchange, our staff Physiol. Lung Cell. Mol. Biol. 2011b OMB desk officer by March 8, 2021. will review the submitted information paper).’’ ADDRESSES: Written comments and and documentation to make an approval 2. On page 60098, first column, in FR recommendations for the proposed determination of the state advance Doc. 2019–24291, twelfth paragraph, information collection should be sent planning document. Form Number: lines 1–2, change ‘‘Am. J. Physiol. Lung within 30 days of publication of this CMS–10292 (OMB control number: Cell. Mol. Biol.’’ to ‘‘Am. J. Resp. Cell. notice to www.reginfo.gov/public/do/ 0938–1088); Frequency: Once and Mol. Biol.’’ PRAMain. Find this particular occasionally; Affected Public: State, 3. On page 60098, first column, in FR information collection by selecting Local, and Tribal Governments; Number Doc. 2019–24291, sixteenth paragraph, ‘‘Currently under 30-day Review—Open of Respondents: 56; Total Annual lines 1–2, change ‘‘J. Immunol. for Public Comments’’ or by using the Responses: 56; Total Annual Hours: 2007;2179:4367–75’’ to ‘‘J. Immunol. search function. 896. (For policy questions regarding this 2007;179:4367–75.’’ To obtain copies of a supporting collection contact Edward Dolly at 410– 4. On page 60098, second column, in statement and any related forms for the 786–8554.) FR Doc. 2019–24291, second paragraph,
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8203
lines 2–3, change ‘‘Am. J. Physiol. Lung ORI found that Respondent engaged for publication in bioRxiv and medRxiv, Cell. Mol. Biol.’’ to ‘‘Am. J. Resp. Cell. in research misconduct by knowingly open access preprint repositories, by Mol. Biol.’’ and intentionally falsifying, fabricating, falsely assembling random paragraphs 5. On page 60098, second column, in and plagiarizing data and text reported of text, tables, and figures from previous FR Doc. 2019–24291, sixth paragraph, in the following published papers, publications and manuscripts to lines 1 and 3, change ‘‘J. App. Physiol.’’ which have been retracted, and improve his citation metrics. to ‘‘J. Appl. Physiol.’’ manuscripts: Dr. Lin entered into a Voluntary 6. On page 60098, second column, in Published Papers Exclusion Agreement (Agreement) and FR Doc. 2019–24291, twenty-third agreed to the following: • paragraph, lines 1–2, change ‘‘Am. J. Efficient Method for Genomic DNA (1) Because the Respondent also Physiol. Lung Cell. Mol. Biol. 2011b Mutagenesis in E. coli. bioRxiv 2020. attempted to deceive the online paper’’ to ‘‘Am. J. Physiol. Lung Cell. doi: https://doi.org/10.1101/ publication sites bioRxiv and medRxiv Mol. Physiol. 2011;301(3):L327–L333.’’ 2020.05.16.097097. by creating fictitious author names and • A simple and efficient method for Dated: January 29, 2021. affiliations without listing himself as an in vitro site directed mutagenesis. author, Respondent agreed to exclude Wanda K. Jones, bioRxiv 2020. doi: https://doi.org/ Acting Director, Office of Research Integrity. himself voluntarily for a period of ten 10.1101/2020.05.16.100107. (10) years beginning on January 7, 2021, [FR Doc. 2021–02272 Filed 2–3–21; 8:45 am] • A restriction-free method for gene from any contracting or subcontracting BILLING CODE 4150–31–P reconstitution. bioRxiv 2020. doi: with any agency of the United States https://doi.org/10.1101/ Government and from eligibility for or 2020.05.20.107631. involvement in nonprocurement DEPARTMENT OF HEALTH AND • Efficient Method for Protein programs of the United States HUMAN SERVICES Crystallization. bioRxiv 2020. doi: Government referred to as ‘‘covered https://doi.org/10.1101/ Office of the Secretary transactions’’ pursuant to HHS’ 2020.05.24.113860. Implementation (2 CFR part 376) of • Rice Tolerance to Drought is Findings of Research Misconduct OMB Guidelines to Agencies on Complex Both Physiologically and Governmentwide Debarment and AGENCY: Office of the Secretary, HHS. Genetically. bioRxiv 2020. doi: https:// Suspension, 2 CFR part 180 (collectively ACTION: Notice. doi.org/10.1101/2020.08.19.258293. • ITS2 Pretrial Gene Identification the ‘‘Debarment Regulations’’); and SUMMARY: Findings of research Related to Seed and Flower (2) Respondent agreed to exclude misconduct have been made against Identification for Cyclea barbata. himself voluntarily from serving in any Yibin Lin, Ph.D. (Respondent), former bioRxiv 2020. doi: https://doi.org/ advisory capacity to PHS including, but postdoctoral fellow, McGovern Medical 10.1101/2020.08.20.259804. not limited to, service on any PHS School, University of Texas Health advisory committee, board, and/or peer Science Center (UTHealth). Respondent Manuscripts Submitted to bioRxiv in review committee, or as a consultant for engaged in research misconduct in 2020 and Not Published a period of ten (10) years, beginning on research supported by U.S. Public • Analysis of the Deduced Amino January 7, 2021. Health Service (PHS) funds, specifically Acid Sequence of Lectin-like Protein. Dated: January 29, 2021. • National Institute of Allergy and Comprehensive proteomic Wanda K. Jones, Infectious Diseases (NIAID), National characterization of ovarian tumors. • Acting Director, Office of Research Integrity, Institutes of Health (NIH), grant R01 Insight into the membrane protein Office of the Assistant Secretary for Health. AI125216. The administrative actions, localization and antibiotic resistance by [FR Doc. 2021–02273 Filed 2–3–21; 8:45 am] fluorescence microscopy. including debarment for a period of ten BILLING CODE 4150–31–P (10) years, were implemented beginning • Invariant States of the Algebra of on January 7, 2021, and are detailed Observables. • below. The Biochemical Analysis the DEPARTMENT OF HEALTH AND Expression Levels of Pre-synaptic, Post- FOR FURTHER INFORMATION CONTACT: HUMAN SERVICES synaptic, Nuclear and Mitochondrial Wanda K. Jones, Dr. P.H., Acting Markers. National Institutes of Health Director, Office of Research Integrity, • The Overall Difference Analysis of 1101 Wootton Parkway, Suite 240, Antioxidant of Isoflavone from Three National Library of Medicine; Notice of Rockville, MD 20852, (240) 453–8200. Kinds of Soybean Stems. Closed Meetings SUPPLEMENTARY INFORMATION: Notice is • The Overall Difference Analysis of hereby given that the Office of Research Antioxidant of Isoflavone from Three Pursuant to section 10(d) of the Integrity (ORI) has taken final action in Kinds of Tomato. Federal Advisory Committee Act, as the following case: amended, notice is hereby given of the Yibin Lin, Ph.D., University of Texas Manuscript Rejected by bioRxiv and following meeting. Health Science Center: Based on the Resubmitted to medRxiv in 2020 The meeting will be closed to the report of an assessment conducted by • Invariant States of the Algebra of public in accordance with the UTHealth, Respondent’s admission, and Observables. provisions set forth in sections analysis conducted by ORI in its ORI finds that Respondent knowingly 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., oversight review, ORI found that Dr. and intentionally falsified, fabricated, as amended. The grant applications and Yibin Lin, former postdoctoral fellow, and plagiarized the whole content of six the discussions could disclose McGovern Medical School, UTHealth, (6) papers and eight (8) manuscripts, confidential trade secrets or commercial engaged in research misconduct in falsely created fictitious author names property such as patentable materials, research supported by PHS funds, and affiliations without listing himself and personal information concerning specifically NIAID, NIH, grant R01 as an author to disguise himself from individuals associated with the grant AI125216. being the offender, and submitted them applications, the disclosure of which
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8204 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
would constitute a clearly unwarranted Name of Committee: National Cancer Name of Committee: National Cancer invasion of personal privacy. Institute Special Emphasis Panel; NCI SPORE Institute Special Emphasis Panel; R01(IARC) (P50) Review V. Conference Grant Review. Name of Committee: National Library of Date: February 25–26, 2021. Date: April 6, 2021. Medicine Special Emphasis Panel; G08. Time: 10:00 a.m. to 7:00 p.m. Time: 1:30 p.m. to 4:30 p.m. Date: March 26, 2021. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Time: 10:00 a.m. to 1:00 p.m. applications. applications. Agenda: To review and evaluate grant Place: National Cancer Institute Shady Place: National Cancer Institute Shady applications. Grove, 9609 Medical Center Drive, Room Grove, 9609 Medical Center Drive, Room Place: Video Assisted Meeting. 7W120, Rockville, Maryland 20850 7W552, Rockville, Maryland 20850 Contact Person: Leonid V. Tsap, Ph.D., (Telephone Conference Call). (Telephone Conference Call). Scientific Review Officer, Extramural Contact Person: Majed M. Hamawy, Ph.D., Contact Person: Jeanette Irene Marketon, Programs, National Library of Medicine, NIH, Scientific Review Officer, Research Programs Ph.D., Scientific Review Officer, Program 6705 Rockledge Drive, Suite 500, Bethesda, Review Branch, Division of Extramural Coordination and Referral Branch, Division MD 20892–7968, 301–827–7077, tsapl@ Activities, National Cancer Institute, NIH, of Extramural Activities, National Cancer mail.nih.gov. 9609 Medical Center Drive, Room 7W120, Institute, NIH, 9609 Medical Center Drive, (Catalogue of Federal Domestic Assistance Rockville, Maryland 20850, 240–276–6457, Room 7W552, Rockville, Maryland 20850, Program No. 93.879, Medical Library [email protected]. 240–276–6780, [email protected]. Assistance, National Institutes of Health, Name of Committee: National Cancer (Catalogue of Federal Domestic Assistance HHS) Institute Special Emphasis Panel; Program Nos. 93.392, Cancer Construction; Dated: January 26, 2021. Visualization Methods and Tools 93.393, Cancer Cause and Prevention Ronald J. Livingston, Jr., Development for Enhancing Cancer Research; 93.394, Cancer Detection and Moonshot Data (R33). Diagnosis Research; 93.395, Cancer Program Analyst, Office of Federal Advisory Date: March 10, 2021. Treatment Research; 93.396, Cancer Biology Committee Policy. Time: 10:00 a.m. to 6:00 p.m. Research; 93.397, Cancer Centers Support; [FR Doc. 2021–02278 Filed 2–3–21; 8:45 am] Agenda: To review and evaluate grant 93.398, Cancer Research Manpower; 93.399, BILLING CODE 4140–01–P applications. Cancer Control, National Institutes of Health, Place: National Cancer Institute Shady HHS) Grove, 9609 Medical Center Drive, Room Dated: January 26, 2021. DEPARTMENT OF HEALTH AND 7W108, Rockville, Maryland 20850 Melanie J. Pantoja, HUMAN SERVICES (Telephone Conference Call). Contact Person: Clifford W. Schweinfest, Program Analyst, Office of Federal Advisory National Institutes of Health Ph.D., Scientific Review Officer, Special Committee Policy. Review Branch, Division of Extramural [FR Doc. 2021–02289 Filed 2–3–21; 8:45 am] National Cancer Institute; Notice of Activities, National Cancer Institute, NIH, BILLING CODE 4140–01–P Closed Meetings 9609 Medical Center Drive, Room 7W108, Rockville, Maryland 20850, 240–276–6343, Pursuant to section 10(d) of the [email protected]. DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Name of Committee: National Cancer HUMAN SERVICES amended, notice is hereby given of the Institute Special Emphasis Panel; SEP–7: NCI following meetings. Clinical and Translational R21 and Omnibus National Institutes of Health The meetings will be closed to the R03 Review. Date: March 16–17, 2021. public in accordance with the National Cancer Institute; Notice of Time: 9:00 a.m. to 5:30 p.m. Meeting provisions set forth in sections Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. Pursuant to section 10(a) of the as amended. The grant applications and Place: National Cancer Institute Shady Federal Advisory Committee Act, as the discussions could disclose Grove, 9609 Medical Center Drive, Room amended, notice is hereby given of a confidential trade secrets or commercial 7W104, Rockville, Maryland 20850 meeting of the National Cancer Institute property such as patentable material, (Telephone Conference Call). Contact Person: David G. Ransom, Ph.D., Council of Research Advocates. and personal information concerning The meeting will be held as a virtual individuals associated with the grant Chief, Scientific Review Officer, Special Review Branch, Division of Extramural meeting and is open to the public. applications, the disclosure of which Activities, National Cancer Institute, NIH, Individuals who plan to view the virtual would constitute a clearly unwarranted 9609 Medical Center Drive, Room 7W104, meeting and need special assistance or invasion of personal privacy. Rockville, Maryland 20850, 240–276–6351, other reasonable accommodations to Name of Committee: National Cancer [email protected]. view the meeting, should notify the Institute Special Emphasis Panel; SEP–2: Name of Committee: National Cancer Contact Person listed below in advance Research Answers to NCI Provocative Institute Special Emphasis Panel; 3D of the meeting. The meeting will be Questions. Technologies to Accelerate HTAN. videocast and can be accessed from the Date: February 23, 2021. Date: March 19, 2021. NIH Videocasting and Podcasting Time: 12:00 p.m. to 4:00 p.m. Time: 9:30 a.m. to 1:00 p.m. Agenda: To review and evaluate grant Agenda: To review and evaluate grant website (http://videocast.nih.gov). applications. applications. Name of Committee: National Cancer Place: National Cancer Institute Shady Place: National Cancer Institute Shady Institute Council of Research Advocates. Grove, 9609 Medical Center Drive, Room Grove, 9609 Medical Center Drive, Room Date: March 10–11, 2021. 7W104, Rockville, Maryland 20850 7W556, Rockville, Maryland 20850 Time: 12:00 p.m. to 3:00 p.m. (Telephone Conference Call). (Telephone Conference Call). Agenda: Welcome and Chairwoman’s Contact Person: David G. Ransom, Ph.D., Contact Person: Kamal Datta, M.D., Remarks, NCI Updates, Legislative Update, Chief, Scientific Review Officer, Special Scientific Review Officer, Program and Director’s Update. Review Branch, Division of Extramural Coordination and Referral Branch, Division Place: National Institutes of Health, 9000 Activities, National Cancer Institute, NIH, of Extramural Activities, National Cancer Rockville Pike, Building 31, Bethesda, MD 9609 Medical Center Drive, Room 7W104, Institute, NIH, 9609 Medical Center Drive, 20892 (Virtual Meeting). Rockville, Maryland 20850, 240–276–6351, Room 7W556, Rockville, Maryland 20850, Contact Person: Amy Williams, NCI Office [email protected]. 240–276–6526, [email protected]. of Advocacy Relations, National Cancer
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8205
Institute, NIH, 31 Center Drive, Building 31, DEPARTMENT OF HEALTH AND Dated: January 25, 2021. Room 10A28, Bethesda, MD 20892, (301) HUMAN SERVICES Miguelina Perez, 496–9723, [email protected]. Program Analyst, Office of Federal Advisory Any interested person may file written National Institutes of Health Committee Policy. comments with the committee by forwarding [FR Doc. 2021–02288 Filed 2–3–21; 8:45 am] the statement to the Contact Person listed on National Institute of General Medical BILLING CODE 4140–01–P this notice. The statement should include the Sciences; Notice of Closed Meetings name, address, telephone number and when applicable, the business or professional Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND affiliation of the interested person. Federal Advisory Committee Act, as HUMAN SERVICES Information is also available on the amended, notice is hereby given of the Institute’s/Center’s home page: NCRA: http:// following meetings. National Institutes of Health deainfo.nci.nih.gov/advisory/ncra/ncra.htm, The meetings will be closed to the where an agenda and any additional public in accordance with the National Institute of Diabetes and information for the meeting will be posted provisions set forth in sections Digestive and Kidney Diseases; Notice when available. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., of Closed Meeting (Catalogue of Federal Domestic Assistance as amended. The grant applications and Program Nos. 93.392, Cancer Construction; the discussions could disclose Pursuant to section 10(d) of the 93.393, Cancer Cause and Prevention confidential trade secrets or commercial Federal Advisory Committee Act, as Research; 93.394, Cancer Detection and property such as patentable material, amended, notice is hereby given of the Diagnosis Research; 93.395, Cancer and personal information concerning following meeting. Treatment Research; 93.396, Cancer Biology individuals associated with the grant The meeting will be closed to the Research; 93.397, Cancer Centers Support; applications, the disclosure of which public in accordance with the 93.398, Cancer Research Manpower; 93.399, would constitute a clearly unwarranted provisions set forth in sections Cancer Control, National Institutes of Health, invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HHS) Name of Committee: National Institute of as amended. The grant applications and Dated: January 26, 2021. General Medical Sciences Special Emphasis the discussions could disclose Melanie J. Pantoja, Panel; Review of NIGMS PRAT Applications. confidential trade secrets or commercial Program Analyst, Office of Federal Advisory Date: March 3, 2021. property such as patentable material, Committee Policy. Time: 9:30 a.m. to 6:00 p.m. and personal information concerning [FR Doc. 2021–02292 Filed 2–3–21; 8:45 am] Agenda: To review and evaluate grant individuals associated with the grant applications. applications, the disclosure of which BILLING CODE 4140–01–P Place: National Institutes of Health, would constitute a clearly unwarranted Natcher Building, 45 Center Drive, Bethesda, invasion of personal privacy. MD 20892 (Video Meeting). Name of Committee: National Institute of DEPARTMENT OF HEALTH AND Contact Person: John J. Laffan, Ph.D., Diabetes and Digestive and Kidney Diseases HUMAN SERVICES Scientific Review Officer, Office of Scientific Special Emphasis Panel; NIDDK Clinical Review, National Institute of General Medical National Institutes of Health Trials. Sciences, National Institutes of Health, Date: February 23, 2021. Natcher Building, Room 3AN18J, Bethesda, Time: 12:30 p.m. to 3:00 p.m. Center for Scientific Review; Amended MD 20892, 301–594–2773, laffanjo@ Notice of Meeting Agenda: To review and evaluate grant mail.nih.gov. applications. Name of Committee: National Institute of Place: National Institutes of Health, Two Notice is hereby given of a change in General Medical Sciences Special Emphasis Democracy Plaza, 6707 Democracy the meeting of the Cancer Genetics Panel; Review of Postdoctoral Research Boulevard, Bethesda, MD 20892 (Telephone Study Section, February 22, 2021, 09:30 Associate Training (PRAT) Program. Conference Call). a.m. to February 23, 2021, 05:00 p.m., Date: March 25, 2021. Contact Person: Elena Sanovich, Ph.D., National Institutes of Health, Rockledge Time: 11:00 a.m. to 3:00 p.m. Scientific Review Officer, Review Branch, II, 6701 Rockledge Drive, Bethesda, MD Agenda: To review and evaluate grant DEA, NIDDK, National Institutes of Health, 20892, which was published in the applications. Room 7351, 6707 Democracy Boulevard, Federal Register on January 22, 2021, Place: National Institutes of Health, Bethesda, MD 20892–2542, 301–594–8886, Natcher Building, 45 Center Drive, Bethesda, [email protected]. V86, Page 6660. MD 20892 (Video Meeting). This notice is being published less than 15 The meeting time changed from 8:00 Contact Person: Brian R. Pike, Ph.D., days prior to the meeting due to the timing a.m. to 9:30 a.m. The meeting location Scientific Review Officer, Office of Scientific limitations imposed by the review and remains the same. The meeting is closed Review, National Institute of General Medical funding cycle. to the public. Sciences, National Institutes of Health, 45 (Catalogue of Federal Domestic Assistance Center Drive, Room 3AN18, Bethesda, MD Program Nos. 93.847, Diabetes, Dated: January 27, 2021. 20892, 301–594–3907, [email protected]. Endocrinology and Metabolic Research; Ronald J. Livingston, Jr., (Catalogue of Federal Domestic Assistance 93.848, Digestive Diseases and Nutrition Program Analyst, Office of Federal Advisory Program Nos. 93.375, Minority Biomedical Research; 93.849, Kidney Diseases, Urology Committee Policy. Research Support; 93.821, Cell Biology and and Hematology Research, National Institutes [FR Doc. 2021–02301 Filed 2–3–21; 8:45 am] Biophysics Research; 93.859, Pharmacology, of Health, HHS) Physiology, and Biological Chemistry BILLING CODE 4140–01–P Dated: January 29, 2021. Research; 93.862, Genetics and Miguelina Perez, Developmental Biology Research; 93.88, Minority Access to Research Careers; 93.96, Program Analyst, Office of Federal Advisory Special Minority Initiatives; 93.859, Committee Policy. Biomedical Research and Research Training, [FR Doc. 2021–02311 Filed 2–3–21; 8:45 am] National Institutes of Health, HHS) BILLING CODE 4140–01–P
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00046 Fmt 4703 Sfmt 9990 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8206 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
DEPARTMENT OF HEALTH AND Bethesda, MD 20892, 301–537–9986, DEPARTMENT OF HEALTH AND HUMAN SERVICES [email protected]. HUMAN SERVICES Name of Committee: Applied Immunology National Institutes of Health and Disease Control Integrated Review National Institutes of Health Group; Vaccines Against Microbial Diseases Center for Scientific Review; Notice of Study Section. National Institute of General Medical Closed Meetings Date: March 3–5, 2021. Sciences; Notice of Closed Meeting Pursuant to section 10(d) of the Time: 9:00 a.m. to 5:00 p.m. Pursuant to section 10(d) of the Federal Advisory Committee Act, as Agenda: To review and evaluate grant Federal Advisory Committee Act, as amended, notice is hereby given of the applications. amended, notice is hereby given of the following meetings. Place: National Institutes of Health, following meeting. The meetings will be closed to the Rockledge II, 6701 Rockledge Drive, The meeting will be closed to the public in accordance with the Bethesda, MD 20892 (Virtual Meeting). public in accordance with the provisions set forth in sections Contact Person: Jian Wang, MD, Ph.D., provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Officer, Center for 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Scientific Review, National Institutes of as amended. The grant applications and the discussions could disclose Health, 6701 Rockledge Drive, Room 4218, the discussions could disclose confidential trade secrets or commercial MSC 7812, Bethesda, MD 20892, (301) 435– confidential trade secrets or commercial property such as patentable material, 2778, [email protected]. property such as patentable material, and personal information concerning Name of Committee: Healthcare Delivery and personal information concerning individuals associated with the grant and Methodologies Integrated Review Group; individuals associated with the grant applications, the disclosure of which Organization and Delivery of Health Services applications, the disclosure of which would constitute a clearly unwarranted Study Section. would constitute a clearly unwarranted invasion of personal privacy. Date: March 3–4, 2021. invasion of personal privacy. Time: 9:00 a.m. to 5:00 p.m. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Name of Committee: National Institute of General Medical Sciences Special Emphasis Review Special Emphasis Panel; Pulmonary applications. Immune Host Defense. Panel; Review of NIGMS Pathway to Place: National Institutes of Health, Date: March 1, 2021. Independence Award K99/R00 Applications. Time: 9:00 a.m. to 7:00 p.m. Rockledge II, 6701 Rockledge Drive, Date: March 11, 2021. Agenda: To review and evaluate grant Bethesda, MD 20892 (Virtual Meeting). Time: 10:00 a.m. to 6:00 p.m. applications. Contact Person: Catherine Hadeler Agenda: To review and evaluate grant Place: National Institutes of Health, Maulsby, Ph.D., Scientific Review Officer, applications. Rockledge II, 6701 Rockledge Drive, Center for Scientific Review, National Place: National Institutes of Health, Bethesda, MD 20892 (Virtual Meeting). Institutes of Health, 6701 Rockledge Drive, Natcher Building, 45 Center Drive, Bethesda, Contact Person: Scott Jakes, Ph.D., Bethesda, MD 20892, (301) 435–1266, MD 20892 (Virtual Meeting). Contact Person: Brian R. Pike, Ph.D., Scientific Review Officer, Center for [email protected]. Scientific Review, National Institutes of Scientific Review Officer, Office of Scientific Name of Committee: Infectious Diseases Health, 6701 Rockledge Drive, Room 4198, Review, National Institute of General Medical MSC 7812, Bethesda, MD 20892, 301–435– and Immunology A Integrated Review Group; Sciences, National Institutes of Health, 45 1506, [email protected]. Innate Immunity and Inflammation Study Center Drive, Room 3AN18, Bethesda, MD 20892, 301–594–3907, [email protected]. Name of Committee: Center for Scientific Section. Review Special Emphasis Panel; Member Date: March 3–5, 2021. (Catalogue of Federal Domestic Assistance Conflict: Chemistry and Biological Time: 12:00 p.m. to 6:00 p.m. Program Nos. 93.375, Minority Biomedical Chemistry. Agenda: To review and evaluate grant Research Support; 93.821, Cell Biology and Date: March 1–2, 2021. applications. Biophysics Research; 93.859, Pharmacology, Time: 11:00 a.m. to 5:00 p.m. Place: National Institutes of Health, Physiology, and Biological Chemistry Research; 93.862, Genetics and Agenda: To review and evaluate grant Rockledge II, 6701 Rockledge Drive, Developmental Biology Research; 93.88, applications. Bethesda, MD 20892 (Virtual Meeting). Place: National Institutes of Health, Minority Access to Research Careers; 93.96, Contact Person: Tina McIntyre, Ph.D., Special Minority Initiatives; 93.859, Rockledge II, 6701 Rockledge Drive, Scientific Review Officer, Center for Bethesda, MD 20892 (Virtual Meeting). Biomedical Research and Research Training, Scientific Review, National Institutes of Contact Person: Sergei Ruvinov, Ph.D., National Institutes of Health, HHS) Health, 6701 Rockledge Drive, Room 4202, Scientific Review Officer, Center for Dated: January 29, 2021. MSC 7812, Bethesda, MD 20892, 301–594– Scientific Review, National Institutes of Miguelina Perez, Health, 6701 Rockledge Drive, Room 4158, 6375, [email protected]. Program Analyst, Office of Federal Advisory MSC 7806, Bethesda, MD 20892, 301–435– (Catalogue of Federal Domestic Assistance Committee Policy. 1180, [email protected]. Program Nos. 93.306, Comparative Medicine; [FR Doc. 2021–02309 Filed 2–3–21; 8:45 am] Name of Committee: Center for Scientific 93.333, Clinical Research, 93.306, 93.333, Review Special Emphasis Panel; The blood- 93.337, 93.393–93.396, 93.837–93.844, BILLING CODE 4140–01–P brain barrier, neurovascular systems and CNS 93.846–93.878, 93.892, 93.893, National therapeutics. Institutes of Health, HHS) Date: March 2, 2021. DEPARTMENT OF HEALTH AND Time: 10:00 a.m. to 5:00 p.m. Dated: January 27, 2021. HUMAN SERVICES Agenda: To review and evaluate grant Ronald J. Livingston, Jr., National Institutes of Health applications. Program Analyst, Office of Federal Advisory Place: National Institutes of Health, Committee Policy. Rockledge II, 6701 Rockledge Drive, National Center for Complementary & Bethesda, MD 20892 (Virtual Meeting). [FR Doc. 2021–02300 Filed 2–3–21; 8:45 am] Integrative Health; Notice of Closed Contact Person: Linda MacArthur, Ph.D., BILLING CODE 4140–01–P Meeting Scientific Review Officer, Center for Scientific Review, National Institutes of Pursuant to section 10(d) of the Health, 6701 Rockledge Drive, Room 4187, Federal Advisory Committee Act, as
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8207
amended, notice is hereby given of the Name of Committee: Advisory Committee DEPARTMENT OF HEALTH AND following meeting. on Research on Women’s Health. HUMAN SERVICES The meeting will be closed to the Date: April 14, 2021. public in accordance with the Time: 9:30 a.m. to 5:00 p.m. National Institutes of Health provisions set forth in sections Agenda: Director’s Report, Discussions on 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., COVID–19 and Mental Health with a Focus National Human Genome Research on the Impact on Women, Presentation from as amended. The grant applications and Institute; Notice of Closed Meeting Deputy Director of National Institute of the discussions could disclose Mental Health (NIMH), Concept Clearance for Pursuant to section 10(d) of the confidential trade secrets or commercial various programs. Federal Advisory Committee Act, as property such as patentable material, Place: National Institutes of Health, 6701 amended, notice is hereby given of the and personal information concerning Rockledge Drive, Bethesda, MD 20892 following meeting. individuals associated with the grant (Virtual Meeting). The meeting will be closed to the applications, the disclosure of which Contact Person: Samia Noursi, Ph.D., public in accordance with the would constitute a clearly unwarranted Associate Director, Science Policy, Planning, provisions set forth in sections invasion of personal privacy. and Analysis, Office of Research on Women’s 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Center for Health, National Institutes of Health, 6707 as amended. The grant applications and Complementary and Integrative Health Democracy Blvd., Room 402, Bethesda, MD the discussions could disclose Special Emphasis Panel; NIH Blueprint for 20892, 301–496–9472, [email protected]. confidential trade secrets or commercial Neuroscience Research: Functional Neural Any member of the public interested property such as patentable material, Circuits of Interoception. and personal information concerning Date: March 18th–19th, 2021. in presenting oral comments to the committee may notify the Contact individuals associated with the grant Time: 9:00 a.m. to 5:00 p.m. applications, the disclosure of which Agenda: To review and evaluate grant Person listed on this notice at least 10 applications. days in advance of the meetings. would constitute a clearly unwarranted Place: National Center for Complementary Interested individuals and invasion of personal privacy. and Integrative Health, DEMII, 6707 representatives of organizations may Name of Committee: National Human Democracy Blvd., Bethesda, MD 20892 submit a letter of intent, a brief Genome Research Institute Special Emphasis (Virtual Meeting). description of the organization Panel; dGTEx LDACC RFA—SEP. Contact Person: Jessica Marie McKlveen, represented, and a short description of Date: February 17, 2021. Ph.D., Scientific Review Officer, Office of the oral presentation. Only one Time: 1:00 p.m. to 4:00 p.m. Scientific Review, Division of Extramural Agenda: To review and evaluate grant Activities, NCCIH, NIH, 6707 Democracy representative of an organization may be applications. Boulevard, Suite 401, Bethesda, MD 20892– allowed to present oral comments and if Place: National Human Genome Research 547, [email protected]. accepted by the committee, Institute, National Institutes of Health, 6700B (Catalogue of Federal Domestic Assistance presentations may be limited to five Rockledge Drive, Suite 3100, Bethesda, MD Program Nos. 93.213, Research and Training minutes. Both printed and electronic 20892 (Virtual Meeting). in Complementary and Alternative Medicine, copies are requested for the record. In Contact Person: Rudy O. Pozzatti, Ph.D., National Institutes of Health, HHS) addition, any interested person may file Scientific Review Officer, Scientific Review Branch, National Human Genome Research Dated: January 27, 2021. written comments with the committee by forwarding their statement to the Institute, National Institutes of Health, 6700B Ronald J. Livingston, Jr., Rockledge Drive, Suite 3100, Bethesda, MD Program Analyst, Office of Federal Advisory Contact Person listed on this notice. The 20817, (301) 435–1580, pozzattr@ Committee Policy. statement should include the name, mail.nih.gov. [FR Doc. 2021–02297 Filed 2–3–21; 8:45 am] address, telephone number and when (Catalogue of Federal Domestic Assistance applicable, the business or professional BILLING CODE 4140–01–P Program Nos. 93.172, Human Genome affiliation of the interested person. Research, National Institutes of Health, HHS) Information is also available on the Dated: January 22, 2021. DEPARTMENT OF HEALTH AND Institute’s/Center’s home page: https:// David W. Freeman, HUMAN SERVICES orwh.od.nih.gov/, where an agenda and Program Analyst. Office of Federal Advisory any additional information for the Committee Policy. National Institutes of Health meeting will be posted when available. [FR Doc. 2021–02281 Filed 2–3–21; 8:45 am] (Catalogue of Federal Domestic Assistance Office of the Director, National BILLING CODE 4140–01–P Institutes of Health; Notice of Meeting Program Nos. 93.14, Intramural Research Training Award; 93.22, Clinical Research Pursuant to section 10(a) of the Loan Repayment Program for Individuals DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as from Disadvantaged Backgrounds; 93.232, HUMAN SERVICES amended, notice is hereby given of a Loan Repayment Program for Research meeting of the Advisory Committee on Generally; 93.39, Academic Research National Institutes of Health Research on Women’s Health. Enhancement Award; 93.936, NIH Acquired Immunodeficiency Syndrome Research Loan Center for Scientific Review; Notice of The meeting will be held as a virtual Repayment Program; 93.187, Undergraduate Closed Meetings meeting and open to the public. Scholarship Program for Individuals from Individuals who plan to view the virtual Disadvantaged Backgrounds, National Pursuant to section 10(d) of the meeting and need special assistance or Institutes of Health, HHS) Federal Advisory Committee Act, as other reasonable accommodations to amended, notice is hereby given of the Dated: January 29, 2021. view the meeting, should notify the following meetings. Contact Person listed below in advance Miguelina Perez, The meetings will be closed to the of the meeting. The meeting will be Program Analyst, Office of Federal Advisory public in accordance with the videocast and can be accessed from the Committee Policy. provisions set forth in sections NIH Videocasting and Podcasting [FR Doc. 2021–02312 Filed 2–3–21; 8:45 am] 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., website (http://videocast.nih.gov/). BILLING CODE 4140–01–P as amended. The grant applications and
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8208 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
the discussions could disclose DEPARTMENT OF HEALTH AND The meeting will be open to the confidential trade secrets or commercial HUMAN SERVICES public via NIH Videocast. The URL link property such as patentable material, to this meeting is https:// and personal information concerning National Institutes of Health videocast.nih.gov/watch=41378. individuals associated with the grant Individuals who need special assistance National Institute of Diabetes and applications, the disclosure of which or reasonable accommodations should would constitute a clearly unwarranted Digestive and Kidney Diseases; Notice of Closed Meeting notify the Contact Person listed below invasion of personal privacy. in advance of the meeting. Pursuant to section 10(d) of the Name of Committee: Center for Scientific Name of Committee: Office of AIDS Review Special Emphasis Panel; PAR 20– Federal Advisory Committee Act, as Research Advisory Council. 241: Large Scale Mapping and/or Molecular amended, notice is hereby given of the Profiling of Ensembles and/or Cell-Types Date: February 25, 2021. following meeting. Time: 12:00 p.m. to 4:30 p.m. Mediating Opioid Action in the Rodent The meeting will be closed to the Agenda: OAR Director’s Report; updates Brain. public in accordance with the from the HIV Antiretroviral and Date: February 23, 2021. provisions set forth in sections Time: 10:00 a.m. to 2:00 p.m. Opportunistic Infections Guidelines Working Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Groups of OARAC; updates from NIH HIV- applications. as amended. The grant applications and related advisory councils; presentation from Place: National Institutes of Health, the discussions could disclose the Director of the National Center for Rockledge II 6701, Rockledge Drive, confidential trade secrets or commercial Advancing Translational Sciences; report out Bethesda, MD 20892 (Virtual Meeting). property such as patentable material, and discussion from the OAR Early Stage Contact Person: Robert C. Elliott, Ph.D., and personal information concerning Investigator taskforce and public comment. Scientific Review Officer, Center for individuals associated with the grant Scientific Review, National Institutes of Place: Office of AIDS Research, National Health, 6701 Rockledge Drive, Room 3130, applications, the disclosure of which Institutes of Health, 5601 Fishers Lane, Room MSC 7850, Bethesda, MD 20892, 301–435– would constitute a clearly unwarranted 2E61, Rockville, MD 20892 (Virtual Meeting). 3009, [email protected]. invasion of personal privacy. Contact Person: Mary T. Glenshaw, Ph.D., Name of Committee: Center for Scientific Name of Committee: National Institute of MPH, Office of AIDS Research, National Review Special Emphasis Panel; Member Diabetes and Digestive and Kidney Diseases Institutes of Health, 5601 Fishers Lane, Room Conflict: Interdisciplinary Molecular Initial Review Group; Digestive Diseases and 2E61, Rockville, MD 20852, OARACInfo@ Sciences and Training. Nutrition C Subcommittee. nih.gov. Date: February 26, 2021. Date: March 10–12, 2021. Time: 9:00 a.m. to 6:00 p.m. Time: 5:00 p.m. to 11:00 a.m. Any interested person may file Agenda: To review and evaluate grant Agenda: To review and evaluate grant written comments with the committee applications. applications. by forwarding the statement to the Place: National Institutes of Health, Two Place: National Institutes of Health, Contact Person listed on this notice. The Rockledge II, 6701 Rockledge Drive, Democracy Plaza, 6707 Democracy Bethesda, MD 20892 (Virtual Meeting). Boulevard, Bethesda, MD 20892 (Video statement should include the name, Contact Person: John Harold Laity, Ph.D., Meeting). address, telephone number and when Scientific Review Officer, Center for Contact Person: Maria E. Davila-Bloom, applicable, the business or professional Scientific Review, 6701 Rockledge Drive, Ph.D., Scientific Review Officer, Review affiliation of the interested person. Room 6190, Bethesda, MD 20892, 301–402– Branch, DEA, NIDDK, National Institutes of 8254, [email protected]. Health, 6707 Democracy Boulevard, Room Information is also available on the Name of Committee: Integrative, 7017, Bethesda, MD 20892–5452, (301) 594– Institute’s/Center’s home page: Functional and Cognitive Neuroscience 7637, [email protected]. www.oar.nih.gov, where an agenda and Integrated Review Group; Neuroscience of (Catalogue of Federal Domestic Assistance any additional information for the Interoception and Chemosensation Study Program Nos. 93.847, Diabetes, meeting will be posted when available. Endocrinology and Metabolic Research; Section. (Catalogue of Federal Domestic Assistance Date: February 26, 2021. 93.848, Digestive Diseases and Nutrition Program Nos. 93.14, Intramural Research Time: 10:00 a.m. to 7:00 p.m. Research; 93.849, Kidney Diseases, Urology Agenda: To review and evaluate grant and Hematology Research, National Institutes Training Award; 93.22, Clinical Research applications. of Health, HHS) Loan Repayment Program for Individuals Place: National Institutes of Health, Dated: January 29, 2021. from Disadvantaged Backgrounds; 93.232, Loan Repayment Program for Research Rockledge II, 6701 Rockledge Drive, Miguelina Perez, Bethesda, MD 20892 (Virtual Meeting). Generally; 93.39, Academic Research Contact Person: John Bishop, Ph.D., Program Analyst, Office of Federal Advisory Enhancement Award; 93.936, NIH Acquired Committee Policy. Scientific Review Officer, Center for Immunodeficiency Syndrome Research Loan Scientific Review, National Institutes of [FR Doc. 2021–02307 Filed 2–3–21; 8:45 am] Repayment Program; 93.187, Undergraduate Health, 6701 Rockledge Drive, Room 5182, BILLING CODE 4140–01–P Scholarship Program for Individuals from MSC 7844, Bethesda, MD 20892, (301) 408– Disadvantaged Backgrounds, National 9664, [email protected]. Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Program Nos. 93.306, Comparative Medicine; HUMAN SERVICES Dated: January 26, 2021. 93.333, Clinical Research, 93.306, 93.333, Tyeshia M. Roberson, 93.337, 93.393–93.396, 93.837–93.844, National Institutes of Health Program Analyst, Office of Federal Advisory 93.846–93.878, 93.892, 93.893, National Committee Policy. Institutes of Health, HHS) Office of the Director, National [FR Doc. 2021–02277 Filed 2–3–21; 8:45 am] Dated: January 22, 2021. Institutes of Health; Notice of Meeting BILLING CODE 4140–01–P Ronald J. Livingston, Jr., Pursuant to section 10(a) of the Program Analyst, Office of Federal Advisory Federal Advisory Committee Act, as Committee Policy. amended, notice is hereby given of a [FR Doc. 2021–02283 Filed 2–3–21; 8:45 am] meeting of the Office of AIDS Research BILLING CODE 4140–01–P Advisory Council.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00049 Fmt 4703 Sfmt 9990 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8209
DEPARTMENT OF HEALTH AND provisions set forth in sections Name of Committee: National Center for HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Advancing Translational Sciences Special as amended. The grant applications and Emphasis Panel; CTSA Collaborative National Institutes of Health the discussions could disclose Innovation Awards Review Meeting. confidential trade secrets or commercial Date: February 17, 2021. National Center for Complementary & property such as patentable material, Time: 9:00 a.m. to 5:00 p.m. Integrative Health; Notice of Closed and personal information concerning Agenda: To review and evaluate grant Meeting individuals associated with the grant applications. Place: National Center for Advancing Pursuant to section 10(d) of the applications, the disclosure of which Translational Sciences, National Institutes of Federal Advisory Committee Act, as would constitute a clearly unwarranted Health, 6701 Democracy Boulevard, Room amended, notice is hereby given of the invasion of personal privacy. 1073, Bethesda, MD 20892 (Virtual Meeting). following meeting. Name of Committee: National Institute of Contact Person: M. Lourdes Ponce, Ph.D., The meeting will be closed to the Allergy and Infectious Diseases Special Scientific Review Officer, Office of Scientific public in accordance with the Emphasis Panel; Collaborative Cross Mouse Review, National Center for Advancing Model Generation and Discovery of provisions set forth in sections Translational Sciences, National Institutes of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Immunoregulatory Mechanisms (R21). Date: February 25, 2021. Health, 6701 Democracy Boulevard, Room as amended. The grant applications and 1073, Bethesda, MD 20892, 301–435–0810, the discussions could disclose Time: 10:00 a.m. to 3:00 p.m. Agenda: To review and evaluate grant [email protected]. confidential trade secrets or commercial applications. (Catalogue of Federal Domestic Assistance property such as patentable material, Place: National Institute of Allergy and Program Nos. 93.859, Pharmacology, and personal information concerning Infectious Diseases, National Institutes of Physiology, and Biological Chemistry individuals associated with the grant Health, 5601 Fishers Lane, Room 3G41, Research; 93.350, B—Cooperative Rockville, MD 20892 (Virtual Meeting). applications, the disclosure of which Agreements; 93.859, Biomedical Research Contact Person: Tara Capece, Ph.D., would constitute a clearly unwarranted and Research Training, National Institutes of invasion of personal privacy. Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, Health, HHS) Name of Committee: National Center for National Institute of Allergy and Infectious Dated: January 22, 2021. Complementary and Integrative Health Diseases, National Institutes of Health, 5601 David W. Freeman, Special Emphasis Panel; NIH Blueprint for Fishers Lane, Room 3G41, Rockville, MD Neuroscience Research: Functional Neural 20852, 240–191–4281, capecet2@ Program Analyst, Office of Federal Advisory Circuits of Interoception (2). niaid.nih.gov. Committee Policy. Date: March 18th, 2021. (Catalogue of Federal Domestic Assistance [FR Doc. 2021–02280 Filed 2–3–21; 8:45 am] Time: 4:00 p.m. to 5:00 p.m. Program Nos. 93.855, Allergy, Immunology, Agenda: To review and evaluate grant BILLING CODE 4140–01–P applications. and Transplantation Research; 93.856, Place: National Center for Complementary Microbiology and Infectious Diseases and Integrative Health, Dem II, 6707 Research, National Institutes of Health, HHS) DEPARTMENT OF HEALTH AND Democracy Blvd., Bethesda, MD 20892 Dated: January 28, 2021. HUMAN SERVICES (Virtual Meeting). Tyeshia M. Roberson, Contact Person: Martina Schmidt, Ph.D., Program Analyst, Office of Federal Advisory National Institutes of Health Chief Office of Scientific Review, National Committee Policy. Center for Complementary & Integrative Eunice Kennedy Shriver National [FR Doc. 2021–02303 Filed 2–3–21; 8:45 am] Health, NIH, 6707 Democracy Blvd., Suite Institute of Child Health & Human 401, Bethesda, MD 20892, 301–594–3456, BILLING CODE 4140–01–P [email protected]. Development; Amended Notice of Meetings (Catalogue of Federal Domestic Assistance Program Nos. 93.213, Research and Training DEPARTMENT OF HEALTH AND in Complementary and Alternative Medicine, HUMAN SERVICES Notice is hereby given of a change in National Institutes of Health, HHS) the meetings of the National Institute of Child Health and Human Development Dated: January 27, 2021. National Institutes of Health Special Emphasis Panels, April 20, Ronald J. Livingston, Jr., National Center for Advancing 2021, 8:00 a.m. to April 21, 2021, 6:00 Program Analyst, Office of Federal Advisory Translational Sciences; Notice of p.m., NIH, and April 22, 2021, 8:00 a.m. Committee Policy. Closed Meeting to April 22, 2021, 6:00 p.m., NIH, 6710B [FR Doc. 2021–02299 Filed 2–3–21; 8:45 am] Rockledge Drive, Bethesda, MD 20892 BILLING CODE 4140–01–P Pursuant to section 10(d) of the which was published in the Federal Federal Advisory Committee Act, as Register on January 15, 2021, 86 FR amended, notice is hereby given of the 4105. DEPARTMENT OF HEALTH AND following meeting. HUMAN SERVICES The meeting will be closed to the The dates of the meetings changed to public in accordance with the March 9, 2021, 8:00 a.m. to March 10, National Institutes of Health provisions set forth in sections 2021, 6:00 p.m. and March 11, 2021, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 8:00 a.m. to March 11, 2021, 6:00 p.m., National Institute of Allergy and as amended. The grant applications and respectively. Infectious Diseases; Notice of Closed the discussions could disclose Meeting The meetings are closed to the public. confidential trade secrets or commercial Dated: January 29, 2021. Pursuant to section 10(d) of the property such as patentable material, Federal Advisory Committee Act, as and personal information concerning Ronald J. Livingston, Jr., amended, notice is hereby given of the individuals associated with the grant Program Analyst, Office of Federal Advisory following meeting. applications, the disclosure of which Committee Policy. The meeting will be closed to the would constitute a clearly unwarranted [FR Doc. 2021–02293 Filed 2–3–21; 8:45 am] public in accordance with the invasion of personal privacy. BILLING CODE 4140–01–P
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00050 Fmt 4703 Sfmt 9990 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8210 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
DEPARTMENT OF HEALTH AND amended, notice is hereby given of a DEPARTMENT OF HEALTH AND HUMAN SERVICES meeting of the National Cancer Institute HUMAN SERVICES Clinical Trials and Translational National Institutes of Health Research Advisory Committee. National Institutes of Health National Institute of General Medical The meeting will be held as a virtual National Institute of Diabetes and Sciences; Notice of Closed Meeting meeting and is open to the public. Digestive and Kidney Diseases; Notice Individuals who plan to view the virtual of Closed Meeting Pursuant to section 10(d) of the meeting and need special assistance or Federal Advisory Committee Act, as other reasonable accommodations to Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the view the meeting, should notify the following meeting. amended, notice is hereby given of the Contact Person listed below in advance The meeting will be closed to the following meeting. public in accordance with the of the meeting. The meeting will be The meeting will be closed to the provisions set forth in sections videocast and can be accessed from the public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., NIH Videocasting and Podcasting provisions set forth in sections as amended. The grant applications and website (http://videocast.nih.gov). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose Name of Committee: National Cancer as amended. The grant applications and confidential trade secrets or commercial Institute Clinical Trials and Translational the discussions could disclose property such as patentable material, Research Advisory Committee. confidential trade secrets or commercial and personal information concerning Date: March 17, 2021. property such as patentable material, individuals associated with the grant Time: 12:00 p.m. to 3:00 p.m. and personal information concerning applications, the disclosure of which Agenda: Strategic Discussion of NCI’s individuals associated with the grant would constitute a clearly unwarranted Clinical and Translational Research applications, the disclosure of which invasion of personal privacy. Programs. would constitute a clearly unwarranted Name of Committee: NIGMS Initial Review Place: National Cancer Institute, 9609 invasion of personal privacy. Group; Training and Workforce Development Medical Center Drive, Rockville, MD 20850 Name of Committee: National Institute of Subcommittee—D To Review MARC, U–RISE (Virtual Meeting). Diabetes and Digestive and Kidney Diseases and G–RISE Applications. Contact Person: Sheila A. Prindiville, MD, Special Emphasis Panel; NIDDK Multi-Center Date: March 9, 2021. MPH, Director, Coordinating Center for Clinical Trial Cooperative Agreement (U01 Time: 10:30 a.m. to 6:30 p.m. Clinical Trials, National Cancer Institute, Clinical Trial Required). Agenda: To review and evaluate grant National Institutes of Health, 9609 Medical Date: March 2, 2021. applications. Center Drive, Room 6W136, Rockville, MD Time: 10:00 a.m. to 12:00 p.m. Place: National Institutes of Health, 20850, 240–276–6173, prindivs@ Agenda: To review and evaluate grant Natcher Building, 45 Center Drive, Bethesda, applications. mail.nih.gov. MD 20892 (Video Meeting). Place: National Institutes of Health, Two Contact Person: Tracy Koretsky, Ph.D., Any interested person may file written Democracy Plaza, 6707 Democracy Scientific Review Officer, Office of Scientific comments with the committee by forwarding Boulevard, Bethesda, MD 20892 (Telephone Review, National Institute of General Medical the statement to the Contact Person listed on Conference Call). Sciences, National Institutes of Health, 45 this notice. The statement should include the Contact Person: Ann A. Jerkins, Ph.D., Center Drive, MSC 6200, Room 3AN.12F, name, address, telephone number and when Scientific Review Officer, Review Branch, Bethesda, MD 20892, (301) 594 2886, applicable, the business or professional DEA, NIDDK, National Institutes of Health, [email protected]. affiliation of the interested person. 6707 Democracy Boulevard, Room 7119, (Catalogue of Federal Domestic Assistance Information is also available on the Bethesda, MD 20892–5452, 301–594–2242, [email protected]. Program Nos. 93.375, Minority Biomedical Institute’s/Center’s home page: http:// Research Support; 93.821, Cell Biology and deainfo.nci.nih.gov/advisory/ctac/ctac.htm, (Catalogue of Federal Domestic Assistance Biophysics Research; 93.859, Pharmacology, where an agenda and any additional Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; Physiology, and Biological Chemistry information for the meeting will be posted Research; 93.862, Genetics and 93.848, Digestive Diseases and Nutrition when available. Developmental Biology Research; 93.88, Research; 93.849, Kidney Diseases, Urology Minority Access to Research Careers; 93.96, (Catalogue of Federal Domestic Assistance and Hematology Research, National Institutes Special Minority Initiatives; 93.859, Program Nos. 93.392, Cancer Construction; of Health, HHS) Biomedical Research and Research Training, 93.393, Cancer Cause and Prevention Dated: January 29, 2021. National Institutes of Health, HHS) Research; 93.394, Cancer Detection and Miguelina Perez, Diagnosis Research; 93.395, Cancer Dated: January 29, 2021. Program Analyst, Office of Federal Advisory Miguelina Perez, Treatment Research; 93.396, Cancer Biology Committee Policy. Research; 93.397, Cancer Centers Support; Program Analyst, Office of Federal Advisory [FR Doc. 2021–02306 Filed 2–3–21; 8:45 am] Committee Policy. 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, BILLING CODE 4140–01–P [FR Doc. 2021–02308 Filed 2–3–21; 8:45 am] HHS) BILLING CODE 4140–01–P Dated: January 27, 2021. DEPARTMENT OF HEALTH AND Melanie J. Pantoja, HUMAN SERVICES DEPARTMENT OF HEALTH AND Program Analyst, Office of Federal Advisory National Institutes of Health HUMAN SERVICES Committee Policy. National Institutes of Health [FR Doc. 2021–02298 Filed 2–3–21; 8:45 am] National Eye Institute; Amended Notice BILLING CODE 4140–01–P of Meeting National Cancer Institute; Notice of Meeting Notice is hereby given of a change in the meeting of the National Advisory Pursuant to section 10(a) of the Eye Council, February 12, 2021, 10:00 Federal Advisory Committee Act, as a.m. to 4:00 p.m., National Eye Institute,
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8211
National Institutes of Health, 6700 Biomedical Research and Research Training, Time: 2:30 p.m. to 3:30 p.m. Rockledge Drive, Suite 3400, Bethesda, National Institutes of Health, HHS) Agenda: To review and evaluate grant applications. MD 20892 (Virtual Meeting) which was Dated: January 25, 2021. Place: National Institutes of Health, published in the Federal Register on Miguelina Perez, Rockledge II, 6701 Rockledge Drive, January 15, 2021, 86 FR 4104. Program Analyst, Office of Federal Advisory Bethesda, MD 20892 (Virtual Meeting). The notice is being amended to Committee Policy. Contact Person: Andrea B. Kelly, Ph.D., change the end of the open session from [FR Doc. 2021–02287 Filed 2–3–21; 8:45 am] Scientific Review Officer, Center for Scientific Review, National Institutes of 11:30 a.m. to 1:30 p.m. The meeting is BILLING CODE 4140–01–P partially Closed to the public. Health, 6701 Rockledge Drive, Room 3184, MSC 7848, Bethesda, MD 20892, (301) 455– Dated: January 28, 2021. 1761, [email protected]. DEPARTMENT OF HEALTH AND Melanie J. Pantoja, Name of Committee: Brain Disorders and Program Analyst, Office of Federal Advisory HUMAN SERVICES Clinical Neuroscience Integrated Review Committee Policy. Group; Clinical Neuroscience and National Institutes of Health [FR Doc. 2021–02304 Filed 2–3–21; 8:45 am] Neurodegeneration Study Section. BILLING CODE 4140–01–P Date: February 25–26, 2021. Center for Scientific Review; Notice of Time: 8:00 a.m. to 6:00 p.m. Closed Meetings Agenda: To review and evaluate grant Pursuant to section 10(d) of the applications. DEPARTMENT OF HEALTH AND Place: National Institutes of Health, HUMAN SERVICES Federal Advisory Committee Act, as Rockledge II, 6701 Rockledge Drive, amended, notice is hereby given of the Bethesda, MD 20892 (Virtual Meeting). National Institutes of Health following meetings. Contact Person: Alessandra C. Rovescalli, The meetings will be closed to the Ph.D., Scientific Review Officer, National National Institute of General Medical public in accordance with the Institutes of Health, Center for Scientific Sciences; Notice of Closed Meeting provisions set forth in sections Review, 6701 Rockledge Drive, Rm. 5205, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., MSC 7846, Bethesda, MD 20892, (301) 435– Pursuant to section 10(d) of the 1021, [email protected]. Federal Advisory Committee Act, as as amended. The grant applications and the discussions could disclose Name of Committee: Digestive, Kidney and amended, notice is hereby given of the Urological Systems Integrated Review Group; following meeting. confidential trade secrets or commercial Xenobiotic and Nutrient Disposition and The meeting will be closed to the property such as patentable material, Action Study Section. public in accordance with the and personal information concerning Date: February 25–26, 2021. provisions set forth in sections individuals associated with the grant Time: 9:00 a.m. to 5:00 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which Agenda: To review and evaluate grant applications. as amended. The grant applications and would constitute a clearly unwarranted invasion of personal privacy. Place: National Institutes of Health, the discussions could disclose Rockledge II, 6701 Rockledge Drive, confidential trade secrets or commercial Name of Committee: Biobehavioral and Bethesda, MD 20892 (Virtual Meeting). property such as patentable material, Behavioral Processes Integrated Review Contact Person: Jonathan K. Ivins, Ph.D., and personal information concerning Group; Motor Function, Speech and Scientific Review Officer, Center for individuals associated with the grant Rehabilitation Study Section. Scientific Review, National Institutes of applications, the disclosure of which Date: February 22–23, 2021. Health, 6701 Rockledge Drive, Room 2190, Time: 9:00 a.m. to 6:00 p.m. MSC 7850, Bethesda, MD 20892, (301) 594– would constitute a clearly unwarranted Agenda: To review and evaluate grant 1245, [email protected]. invasion of personal privacy. applications. Name of Committee: Center for Scientific Name of Committee: National Institute of Place: National Institutes of Health, Review Special Emphasis Panel; PAR Panel: General Medical Sciences Special Emphasis Rockledge II, 6701 Rockledge Drive, Cellular and Molecular Biology of Complex Panel; Review of Institutional Development Bethesda, MD 20892 (Virtual Meeting). Brain Disorders. Award (IDeA) Program Infrastructure for Contact Person: Biao Tian, Ph.D., Scientific Date: February 25–26, 2021. Clinical and Translational Research (IDeA– Review Officer, Center for Scientific Review, Time: 10:00 a.m. to 6:00 p.m. CTR) (U54). National Institutes of Health, 6701 Rockledge Agenda: To review and evaluate grant Date: March 19, 2021. Drive, Room 3166, MSC 7848, Bethesda, MD applications. Time: 9:30 a.m. to 5:30 p.m. 20892, (301) 402–4411, [email protected]. Place: National Institutes of Health, Agenda: To review and evaluate grant Name of Committee: Genes, Genomes, and Rockledge II, 6701 Rockledge Drive, applications. Genetics Integrated Review Group; Bethesda, MD 20892 (Virtual Meeting). Place: National Institutes of Health, Genomics, Computational Biology and Contact Person: Adem Can, Ph.D., Natcher Building, 45 Center Drive, Bethesda, Technology Study Section. Scientific Review Officer, Center for MD 20892 (Video Meeting). Date: February 24–25, 2021. Scientific Review, National Institutes of Contact Person: Saraswathy Seetharam, Time: 9:00 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 4190, Ph.D., Scientific Review Officer, Office Agenda: To review and evaluate grant MSC 7850, Bethesda, MD 20892, (301) 435– Scientific Review, National Institute of applications. 1042, [email protected]. General Medical Sciences, National Institutes Place: National Institutes of Health, (Catalogue of Federal Domestic Assistance Health, 45 Center Drive, Room 3AN12C, Rockledge II, 6701 Rockledge Drive, Program Nos. 93.306, Comparative Medicine; Bethesda, MD 20892, 301–594–2763, Bethesda, MD 20892 (Virtual Meeting). 93.333, Clinical Research, 93.306, 93.333, [email protected]. Contact Person: Michael L. Bloom, Ph.D., 93.337, 93.393–93.396, 93.837–93.844, (Catalogue of Federal Domestic Assistance Scientific Review Officer, Center for 93.846–93.878, 93.892, 93.893, National Program Nos. 93.375, Minority Biomedical Scientific Review, National Institutes of Institutes of Health, HHS) Research Support; 93.821, Cell Biology and Health, 6701 Rockledge Drive, Room 6187, Dated: January 25, 2021. MSC 7804, Bethesda, MD 20892, (301) 451– Biophysics Research; 93.859, Pharmacology, Miguelina Perez, Physiology, and Biological Chemistry 0132, [email protected]. Research; 93.862, Genetics and Name of Committee: Center for Scientific Program Analyst, Office of Federal Advisory Developmental Biology Research; 93.88, Review Special Emphasis Panel; Human Committee Policy. Minority Access to Research Careers; 93.96, Complex Mental Function. [FR Doc. 2021–02285 Filed 2–3–21; 8:45 am] Special Minority Initiatives; 93.859, Date: February 24, 2021. BILLING CODE 4140–01–P
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00052 Fmt 4703 Sfmt 9990 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8212 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
DEPARTMENT OF HEALTH AND amended, notice is hereby given of the Name of Committee: National Center for HUMAN SERVICES following meeting. Complementary and Integrative Health The meeting will be closed to the Special Emphasis Panel; Exploratory Clinical National Institutes of Health public in accordance with the Trials of Mind and Body Interventions (MB). provisions set forth in sections Date: March 2–3, 2021. Time: 10:00 a.m. to 5:00 p.m. National Institute of Diabetes and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Digestive and Kidney Diseases; Notice Agenda: To review and evaluate grant as amended. The grant applications and applications. of Closed Meeting the discussions could disclose Place: National Center for Complementary Pursuant to section 10(d) of the confidential trade secrets or commercial and Integrative, Democracy II, 6707 Federal Advisory Committee Act, as property such as patentable material, Democracy Blvd., Bethesda, MD 20892 amended, notice is hereby given of the and personal information concerning (Virtual Meeting). Contact Person: Pamela Jeter, Ph.D., following meeting. individuals associated with the grant applications, the disclosure of which Scientific Review Officer, Office of Scientific The meeting will be closed to the Review, Division of Extramural Activities, public in accordance with the would constitute a clearly unwarranted NCCIH, NIH, 6707 Democracy Boulevard, provisions set forth in sections invasion of personal privacy. Suite 401, Bethesda, MD 20892–547, 301– 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of 435–2591, [email protected]. as amended. The grant applications and Mental Health Special Emphasis Panel; (Catalogue of Federal Domestic Assistance the discussions could disclose BRAIN Initiative: Kirschstein NRSA Program Nos. 93.213, Research and Training confidential trade secrets or commercial Individual Postdoctoral Fellowship (F32). in Complementary and Alternative Medicine, property such as patentable material, Date: February 26, 2021. National Institutes of Health, HHS) Time: 10:00 a.m. to 5:00 p.m. and personal information concerning Agenda: To review and evaluate grant Dated: January 22, 2021. individuals associated with the grant applications. Ronald J. Livingston, Jr., applications, the disclosure of which Place: National Institutes of Health, Program Analyst, Office of Federal Advisory would constitute a clearly unwarranted Neuroscience Center, 6001 Executive Committee Policy. Boulevard, Rockville, MD 20852 (Telephone invasion of personal privacy. [FR Doc. 2021–02282 Filed 2–3–21; 8:45 am] Conference Call). Name of Committee: National Institute of Contact Person: Rebecca Steiner Garcia, BILLING CODE 4140–01–P Diabetes and Digestive and Kidney Diseases Ph.D., Scientific Review Officer, Division of Special Emphasis Panel; New Technologies Extramural Activities, National Institute of and Bioengineering Solutions for the Mental Health, NIH, Neuroscience Center, DEPARTMENT OF HEALTH AND Advancement of Cell Replacement Therapies 6001 Executive Blvd., Room 6149, MSC 9608, HUMAN SERVICES for Type 1 Diabetes (R43/R44 Clinical Trial Bethesda, MD 20892–9608, 301–443–4525, Not Allowed). [email protected]. National Institutes of Health Date: March 24, 2021. (Catalogue of Federal Domestic Assistance Time: 10:30 a.m. to 1:30 p.m. Program No. 93.242, Mental Health Research National Institute of Allergy and Agenda: To review and evaluate grant Grants, National Institutes of Health, HHS) applications. Infectious Diseases; Notice of Closed Place: National Institutes of Health, Two Dated: January 27, 2021. Meeting Democracy Plaza, 6707 Democracy Melanie J. Pantoja, Pursuant to section 10(d) of the Boulevard, Bethesda, MD 20892 (Telephone Program Analyst, Office of Federal Advisory Federal Advisory Committee Act, as Conference Call). Committee Policy. Contact Person: Ann A. Jerkins, Ph.D., amended, notice is hereby given of the Scientific Review Officer, Review Branch, [FR Doc. 2021–02296 Filed 2–3–21; 8:45 am] following meeting. DEA, NIDDK, National Institutes of Health, BILLING CODE 4140–01–P The meeting will be closed to the 6707 Democracy Boulevard, Room 7119, public in accordance with the Bethesda, MD 20892–5452, 301–594–2242, provisions set forth in sections [email protected]. DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., (Catalogue of Federal Domestic Assistance HUMAN SERVICES as amended. The grant applications and Program Nos. 93.847, Diabetes, the discussions could disclose National Institutes of Health Endocrinology and Metabolic Research; confidential trade secrets or commercial 93.848, Digestive Diseases and Nutrition property such as patentable material, Research; 93.849, Kidney Diseases, Urology National Center for Complementary & and Hematology Research, National Institutes Integrative Health; Notice of Closed and personal information concerning of Health, HHS) Meeting individuals associated with the grant applications, the disclosure of which Dated: January 29, 2021. Pursuant to section 10(d) of the would constitute a clearly unwarranted Miguelina Perez, Federal Advisory Committee Act, as invasion of personal privacy. Program Analyst, Office of Federal Advisory amended, notice is hereby given of the Committee Policy. Name of Committee: Allergy, Immunology, following meeting. and Transplantation Research Committee [FR Doc. 2021–02305 Filed 2–3–21; 8:45 am] The meeting will be closed to the (AITC) February Council. BILLING CODE 4140–01–P public in accordance with the Date: February 25–26, 2021. provisions set forth in sections Time: 9:00 a.m. to 5:00 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND as amended. The grant applications and applications. HUMAN SERVICES the discussions could disclose Place: National Institute of Allergy and confidential trade secrets or commercial Infectious Diseases, National Institutes of National Institutes of Health property such as patentable material, Health, 5601 Fishers Lane, Room 3G31B, Rockville, MD 20892 (Virtual Meeting). and personal information concerning National Institute of Mental Health; Contact Person: James T. Snyder, Ph.D., Notice of Closed Meeting individuals associated with the grant Scientific Review Officer, Scientific Review applications, the disclosure of which Program, Division of Extramural Activities, Pursuant to section 10(d) of the would constitute a clearly unwarranted National Institute of Allergy and Infectious Federal Advisory Committee Act, as invasion of personal privacy. Diseases, National Institutes of Health, 5601
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8213
Fishers Lane, Room 3G31B, Rockville, MD Dated: January 22, 2021. DEPARTMENT OF HEALTH AND 20852, (240) 669–5060, james.snyder@ David W. Freeman, HUMAN SERVICES nih.gov. Program Analyst, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Committee Policy. National Institutes of Health Program Nos. 93.855, Allergy, Immunology, [FR Doc. 2021–02274 Filed 2–3–21; 8:45 am] and Transplantation Research; 93.856, Government-Owned Inventions; BILLING CODE 4140–01–P Microbiology and Infectious Diseases Availability for Licensing Research, National Institutes of Health, HHS) AGENCY: National Institutes of Health, Dated: January 27, 2021. DEPARTMENT OF HEALTH AND HHS. Tyeshia M. Roberson, HUMAN SERVICES ACTION: Notice. Program Analyst, Office of Federal Advisory National Institutes of Health SUMMARY: The invention listed below is Committee Policy. owned by an agency of the U.S. [FR Doc. 2021–02302 Filed 2–3–21; 8:45 am] National Institute of Allergy and Government and is available for BILLING CODE 4140–01–P Infectious Diseases; Notice of Closed licensing as a biological material to Meeting achieve expeditious commercialization of results of federally-funded research DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the and development. Foreign patent HUMAN SERVICES Federal Advisory Committee Act, as applications are filed on selected inventions to extend market coverage amended, notice is hereby given of the National Institutes of Health for companies and may also be available following meeting. for licensing. National Center for Advancing The meeting will be closed to the FOR FURTHER INFORMATION CONTACT: Translational Sciences; Notice of public in accordance with the Jeffrey Thruston at 301–594–5179 or Closed Meeting provisions set forth in sections [email protected]. Licensing 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., information may be obtained by Pursuant to section 10(d) of the as amended. The grant applications and communicating with the Technology Federal Advisory Committee Act, as the discussions could disclose Transfer and Intellectual Property amended, notice is hereby given of the confidential trade secrets or commercial Office, National Institute of Allergy and following meeting. property such as patentable material, Infectious Diseases, 5601 Fishers Lane, The meeting will be closed to the and personal information concerning Rockville, MD 20852; tel. 301–496– public in accordance with the individuals associated with the grant 2644. A signed Confidential Disclosure provisions set forth in sections applications, the disclosure of which Agreement will be required to receive 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted copies of unpublished information as amended. The grant applications and invasion of personal privacy. related to the invention. the discussions could disclose SUPPLEMENTARY INFORMATION: Name of Committee: National Institute of confidential trade secrets or commercial Technology description follows: Allergy and Infectious Diseases Special property such as patentable material, Emphasis Panel; NIAID Resource Related A VSV–EBOV-Based Vaccine Against and personal information concerning Research Projects (R24 Clinical Trial Not COVID–19 individuals associated with the grant Allowed). Description of Technology applications, the disclosure of which Date: February 23, 2021. would constitute a clearly unwarranted Time: 10:00 a.m. to 1:00 p.m. Severe acute respiratory syndrome invasion of personal privacy. Agenda: To review and evaluate grant coronavirus 2 (SARS–CoV–2) is the Name of Committee: National Center for applications. causative agent of for coronavirus Advancing Translational Sciences Special Place: National Institute of Allergy and disease 2019 (COVID–19). COVID–19 is Emphasis Panel; Rare Diseases. Infectious Diseases, National Institutes of characterized by fever, cough, difficulty Date: February 18, 2021. Health, 5601 Fishers Lane, Room 3G20, breathing, loss of taste and smell, Time: 1:00 p.m. to 5:00 p.m. Rockville, MD 20892 (Virtual Meeting). nausea, and sore throat. As of the fourth Agenda: To review and evaluate grant Contact Person: Zhuqing (Charlie) Li, quarter 2020, COVID–19 is responsible applications. Ph.D., Scientific Review Officer, Scientific for over 1.17 million deaths worldwide. Place: National Center for Advancing Review Program, Division of Extramural As the pandemic continues to surge, the Translational Sciences, National Institutes of Activities, National Institute of Allergy and importance of a safe, affordable, and Health, 6701 Democracy Boulevard, Room Infectious Diseases, National Institutes of efficacious vaccine is of urgent 1076, Bethesda, MD 20892 (Virtual Meeting). Health, 5601 Fishers Lane, Room 3G20, importance. The present technology Contact Person: Carol Lambert, Ph.D., Rockville, MD 20852, (240) 669–5068, utilizes the well characterized vesicular Office of Scientific Review, National Center [email protected]. stomatitis virus (VSV) encoding the for Advancing Translational Sciences, (Catalogue of Federal Domestic Assistance Ebola virus (VSV–EBOV) to express National Institutes of Health, 6701 Program Nos. 93.855, Allergy, Immunology, additionally a codon-optimized SARS– Democracy Boulevard, Room 1076, Bethesda, and Transplantation Research; 93.856, CoV–2 spike protein. A single intranasal MD 20892, 301–435–0814, lambert@ Microbiology and Infectious Diseases or intramuscular administration of the mail.nih.gov. Research, National Institutes of Health, HHS) vaccine showed protective efficacy (Catalogue of Federal Domestic Assistance Dated: January 26, 2021. against COVID–19 in hamsters after 4 Program Nos. 93.859, Pharmacology, weeks. A single intramuscular injection Tyeshia M. Roberson, Physiology, and Biological Chemistry showed protective efficacy against Research; 93.350, B—Cooperative Program Analyst, Office of Federal Advisory COVID–19 pneumonia in rhesus Agreements; 93.859, Biomedical Research Committee Policy. macaques within 10 days. The vaccine and Research Training, National Institutes of [FR Doc. 2021–02275 Filed 2–3–21; 8:45 am] is inexpensive to replicate, elicits a high Health, HHS) BILLING CODE 4140–01–P antigen-specific antibody titer within
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8214 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
the host, and provides protective Date: March 2–3, 2021. Dated: January 26, 2021. efficacy after a single dose. Time: 10:00 a.m. to 6:00 p.m. Ronald J. Livingston, Jr., Agenda: To review and evaluate grant This technology is available for Program Analyst, Office of Federal Advisory applications. licensing, as a biological material, for Committee Policy. Place: National Institute of Allergy and commercial development in accordance Infectious Diseases, National Institutes of [FR Doc. 2021–02279 Filed 2–3–21; 8:45 am] with 35 U.S.C. 209 and 37 CFR part 404. Health, 5601 Fishers Lane, Room 3F52, BILLING CODE 4140–01–P Potential Commercial Applications Rockville, MD 20892 (Virtual Meeting). Contact Person: Jennifer H. Meyers, Ph.D., • Single dose vaccine against COVID– Scientific Review Officer, Scientific Review DEPARTMENT OF HEALTH AND 19 Program, Division of Extramural Activities, HUMAN SERVICES National Institute of Allergy and Infectious Competitive Advantages Diseases, National Institutes of Health, 5601 National Institutes of Health • Utilizes the established and well Fishers Lane, Room 3F52, Rockville, MD characterized VSV–EBOV vector 20852, 301–761–6602, jennifer.meyers@ Center for Scientific Review; Notice of nih.gov. • Expresses high antigen titers within Closed Meetings host cells (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, • Single dose protective efficacy against Pursuant to section 10(d) of the and Transplantation Research; 93.856, Federal Advisory Committee Act, as COVID–19 Microbiology and Infectious Diseases • Inexpensive and replicable amended, notice is hereby given of the Research, National Institutes of Health, HHS) following meetings. Development Stage Dated: January 26, 2021. The meetings will be closed to the • Prototype Tyeshia M. Roberson, public in accordance with the • In vivo/In vitro Program Analyst, Office of Federal Advisory provisions set forth in sections Inventors: Andrea Marzi (NIAID), Committee Policy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Wakako Asada (NIAID). [FR Doc. 2021–02276 Filed 2–3–21; 8:45 am] as amended. The grant applications and Licensing Contact: To license this BILLING CODE 4140–01–P the discussions could disclose technology, please contact Jeffrey confidential trade secrets or commercial Thruston at 301–594–5179 or property such as patentable material, [email protected], and reference DEPARTMENT OF HEALTH AND and personal information concerning E–233–2017–0. HUMAN SERVICES individuals associated with the grant applications, the disclosure of which Dated: January 19, 2021. National Institutes of Health would constitute a clearly unwarranted Surekha Vathyam, invasion of personal privacy. Deputy Director, Technology Transfer and National Library of Medicine; Notice of Closed Meetings Name of Committee: Biobehavioral and Intellectual Property Office, National Institute Behavioral Processes Integrated Review of Allergy and Infectious Diseases. Pursuant to section 10(d) of the Group; Human Complex Mental Function [FR Doc. 2021–02294 Filed 2–3–21; 8:45 am] Federal Advisory Committee Act, as Study Section. BILLING CODE 4140–01–P amended, notice is hereby given of the Date: February 24–26, 2021. following meeting. Time: 10:00 a.m. to 6:00 p.m. The meeting will be closed to the Agenda: To review and evaluate grant applications. DEPARTMENT OF HEALTH AND public in accordance with the HUMAN SERVICES Place: National Institutes of Health, provisions set forth in sections Rockledge II, 6701 Rockledge Drive, National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Bethesda, MD 20892 (Virtual Meeting). as amended. The grant applications and Contact Person: Karen Elizabeth Seymour, National Institute of Allergy and the discussions could disclose Ph.D., Scientific Review Officer, Center for Infectious Diseases; Notice of Closed confidential trade secrets or commercial Scientific Review, National Institutes of Meeting property such as patentable materials, Health, 6701 Rockledge Drive, Bethesda, MD and personal information concerning 20892, 240–762–2729, karen.seymour@ Pursuant to section 10(d) of the individuals associated with the grant nih.gov. Federal Advisory Committee Act, as applications, the disclosure of which Name of Committee: Brain Disorders and amended, notice is hereby given of the would constitute a clearly unwarranted Clinical Neuroscience Integrated Review Group; Acute Neural Injury and Epilepsy following meeting. invasion of personal privacy. The meeting will be closed to the Study Section. Name of Committee: National Library of Date: February 25–26, 2021. public in accordance with the Medicine Special Emphasis Panel; K99 and Time: 9:00 a.m. to 6:00 p.m. provisions set forth in sections COI. Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: March 18, 2021. applications. as amended. The grant applications and Time: 11:00 a.m. to 1:00 p.m. Place: National Institutes of Health, 6701 the discussions could disclose Agenda: To review and evaluate grant Rockledge Drive, Bethesda, MD 20892 confidential trade secrets or commercial applications. (Virtual Meeting). property such as patentable material, Place: Video Assisted Meeting. Contact Person: Paula Elyse Schauwecker, and personal information concerning Contact Person: Leonid V. Tsap, Ph.D., Ph.D., Scientific Review Officer, Center for individuals associated with the grant Scientific Review Officer, Extramural Scientific Review, National Institutes of Programs, National Library of Medicine, NIH, Health, 6701 Rockledge Drive, Room 5201, applications, the disclosure of which 6705 Rockledge Drive, Suite 500, Bethesda, Bethesda, MD 20892, 301–760–8207, would constitute a clearly unwarranted MD 20892–7968, 301–827–7077, tsapl@ [email protected]. invasion of personal privacy. mail.nih.gov. Name of Committee: Center for Scientific Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance Review Special Emphasis Panel; Brain Injury Allergy and Infectious Diseases, Special Program No. 93.879, Medical Library and Neurovascular Pathologies. Emphasis Panel; NIAID New Innovators Assistance, National Institutes of Health, Date: February 26, 2021. Awards (DP2 Clinical Trial Not Allowed). HHS) Time: 12:00 p.m. to 4:00 p.m.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8215
Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6194, Bethesda, MD 20892–9750, 240–276–6348, applications. MSC 7804, Bethesda, MD 20892, 301–594– [email protected]. Place: National Institutes of Health, 7945, [email protected]. Any interested person may file written Rockledge II, 6701 Rockledge Drive, Name of Committee: Oncology 1—Basic comments with the committee by forwarding Bethesda, MD 20892 (Virtual Meeting). Translational Integrated Review Group; the statement to the Contact Person listed on Contact Person: Alexander Yakovlev, Cancer Etiology Study Section. this notice. The statement should include the Ph.D., Scientific Review Officer, Center for Date: March 1, 2021. name, address, telephone number and when Scientific Review, National Institutes of Time: 10:00 a.m. to 5:00 p.m. applicable, the business or professional Health, 6701 Rockledge Drive, Room 5206, Agenda: To review and evaluate grant affiliation of the interested person. MSC 7846, Bethesda, MD 20892–7846, 301– applications. Information is also available on the 435–1254, [email protected]. Place: National Institutes of Health, Institute’s/Center’s home page: http:// Name of Committee: Genes, Genomes, and Rockledge II, 6701 Rockledge Drive, deainfo.nci.nih.gov/advisory/fac/fac.htm, Genetics Integrated Review Group; Genetics Bethesda, MD 20892 (Virtual Meeting). where an agenda, instructions for access, and of Health and Disease Study Section. Contact Person: Sarita Kandula Sastry, any additional information for the meeting Date: March 1–2, 2021. Ph.D., Scientific Review Officer, Center for will be posted when available. Time: 8:00 a.m. to 5:00 p.m. Scientific Review, National Institutes of (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Bethesda, MD Program Nos. 93.392, Cancer Construction; applications. 20782, 301–402–4788, [email protected]. 93.393, Cancer Cause and Prevention Place: National Institutes of Health, (Catalogue of Federal Domestic Assistance Research; 93.394, Cancer Detection and Rockledge II, 6701 Rockledge Drive, Program Nos. 93.306, Comparative Medicine; Diagnosis Research; 93.395, Cancer Bethesda, MD 20892 (Virtual Meeting). 93.333, Clinical Research, 93.306, 93.333, Treatment Research; 93.396, Cancer Biology Contact Person: Christopher Payne, Ph.D., 93.337, 93.393–93.396, 93.837–93.844, Research; 93.397, Cancer Centers Support; Scientific Review Officer, Center for 93.846–93.878, 93.892, 93.893, National 93.398, Cancer Research Manpower; 93.399, Scientific Review, National Institutes of Institutes of Health, HHS) Cancer Control, National Institutes of Health, Health, 6701 Rockledge Drive, Rm. 2208, HHS) Bethesda, MD 20892, 301–402–3702, Dated: January 26, 2021. [email protected]. Ronald J. Livingston, Jr., Dated: January 29, 2021. Name of Committee: Oncology 2— Program Analyst, Office of Federal Advisory Melanie J. Pantoja, Translational Clinical Integrated Review Committee Policy. Program Analyst, Office of Federal Advisory Group; Cancer Immunopathology and [FR Doc. 2021–02291 Filed 2–3–21; 8:45 am] Committee Policy. Immunotherapy Study Section. BILLING CODE 4140–01–P [FR Doc. 2021–02313 Filed 2–3–21; 8:45 am] Date: March 1–2, 2021. BILLING CODE 4140–01–P Time: 9:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND applications. HUMAN SERVICES DEPARTMENT OF HEALTH AND Place: National Institutes of Health, HUMAN SERVICES Rockledge II, 6701 Rockledge Drive, National Institutes of Health Bethesda, MD 20892 (Virtual Meeting). National Institutes of Health Contact Person: Zhang-Zhi Hu, MD, National Cancer Institute; Notice of Scientific Review Officer, Center for National Institute on Aging; Notice of Scientific Review, National Institutes of Meeting Closed Meetings Health, 6701 Rockledge Drive, Room 6186, Pursuant to section 10(a) of the MSC 7804, Bethesda, MD 20892, (301) 594– Federal Advisory Committee Act, as Pursuant to section 10(d) of the 2414, [email protected]. amended, notice is hereby given of a Federal Advisory Committee Act, as Name of Committee: Healthcare Delivery meeting of the Frederick National amended, notice is hereby given of the and Methodologies Integrated Review Group; Laboratory Advisory Committee to the following meetings. Health Services: Quality and Effectiveness The meetings will be closed to the Study Section. National Cancer Institute. Date: March 1–2, 2021. The meeting will be held virtually public in accordance with the Time: 9:00 a.m. to 6:00 p.m. and is open to the public. Individuals provisions set forth in sections Agenda: To review and evaluate grant who plan to view the virtual meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. and need special assistance or other as amended. The grant applications and Place: National Institutes of Health, reasonable accommodations to view the the discussions could disclose Rockledge II, 6701 Rockledge Drive, meeting, should notify the Contact confidential trade secrets or commercial Bethesda, MD 20892 (Virtual Meeting). Person listed below in advance of the property such as patentable material, Contact Person: Shalanda A. Bynum, meeting. The meeting will be videocast and personal information concerning Ph.D., Scientific Review Officer, Center for individuals associated with the grant Scientific Review, National Institutes of and can be accessed from the NIH Health, 6701 Rockledge Drive, Room 3206, Videocasting and Podcasting website applications, the disclosure of which Bethesda, MD 20892, 301–755–4355, (http://videocast.nih.gov/). would constitute a clearly unwarranted [email protected]. Name of Committee: Frederick National invasion of personal privacy. Name of Committee: Biology of Laboratory Advisory Committee to the Name of Committee: National Institute on Development and Aging Integrated Review National Cancer Institute. Aging Special Emphasis Panel; GEMSSTAR. Group; Drug Discovery and Molecular Date: February 23, 2021. Date: March 1, 2021. Pharmacology Study Section. Time: 1:00 p.m. to 5:00 p.m. Time: 10:00 a.m. to 7:00 p.m. Date: March 1–2, 2021. Agenda: Ongoing and new activities at the Agenda: To review and evaluate grant Time: 9:00 a.m. to 6:00 p.m. Frederick National Laboratory for Cancer applications. Agenda: To review and evaluate grant Research. Place: National Institute on Aging, applications. Place: National Cancer Institute, Shady Gateway Building, 7201 Wisconsin Avenue, Place: National Institutes of Health, Grove, 9609 Medical Center Drive, Rockville, Bethesda, MD 20892 (Video Meeting). Rockledge II, 6701 Rockledge Drive, MD 20850 (Virtual Meeting). Contact Person: Isis S. Mikhail, MD, MPH, Bethesda, MD 20892 (Virtual Meeting). Contact Person: Caron A. Lyman, Ph.D., DrPH, Scientific Review Officer, Scientific Contact Person: Jeffrey Smiley, Ph.D., Executive Secretary, National Cancer Review Branch, National Institute on Aging, Scientific Review Officer, Center for Institute, National Institutes of Health, 9609 National Institutes of Health, Gateway Scientific Review, National Institutes of Medical Center Drive, Room 7W126, Building 2C212, 7201 Wisconsin Avenue,
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8216 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Bethesda, MD 20892, 301–402–7704, ACTION: Notice. testing, Stakeholder Measures and [email protected]. Advocate Forms at NCI, OMB #0925– SUMMARY: Name of Committee: National Institute on In compliance with the 0641: Expiration Date 1/31/2021, Paperwork Reduction Act of 1995, the Aging Special Emphasis Panel; Trauma Reinstatement Without Change. Exposure and Cognitive Decline in Brain National Institutes of Health (NIH) has National Cancer Institute (NCI), Aging. submitted to the Office of Management National Institutes of Health (NIH). Date: March 3, 2021. and Budget (OMB) a request for review Time: 1:00 p.m. to 4:00 p.m. and approval of the information Need and Use of Information Agenda: To review and evaluate grant Collection: The Office of Advocacy applications. collection listed below. Place: National Institute on Aging, DATES: Comments regarding this Relations (OAR) disseminates cancer- Gateway Building, 7201 Wisconsin Avenue, information collection are best assured related information to a variety of Bethesda, MD 20892 (Video Meeting). of having their full effect if received stakeholders, seeks input and feedback, Contact Person: Rajasri Roy, Ph.D., within 30-days of the date of this and facilitates collaboration to advance Scientific Review Officer, Scientific Review publication. NCI’s authorized programs. It is Branch, National Institute on Aging, National beneficial for NCI, through the OAR, to Institutes of Health, Gateway Building ADDRESSES: Written comments and 2W200, 7201 Wisconsin Avenue, Bethesda, recommendations for the proposed pretest strategies, concepts, activities MD 20892, (301) 496–6477, rajasri.roy@ information collection should be sent and materials while they are under nih.gov. within 30 days of publication of this development. Additionally, Name of Committee: National Institute on notice to www.reginfo.gov/public/do/ administrative forms are a necessary Aging Special Emphasis Panel; Age-related PRAMain. Find this particular part of collecting demographic traits In SardiNIA5. information collection by selecting information and areas of interest for Date: March 5, 2021. advocates. Since OAR is responsible for Time: 3:30 p.m. to 5:30 p.m. ‘‘Currently under 30-day Review—Open Agenda: To review and evaluate contract for Public Comments’’ or by using the matching advocates to NCI programs proposals. search function. and initiatives across the cancer Place: National Institute on Aging, FOR FURTHER INFORMATION CONTACT: continuum, it is necessary to measure Gateway Building, 7201 Wisconsin Avenue, Amy Williams, Director of the Office of the satisfaction of both internal and Bethesda, MD 20892 (Video Meeting). Advocacy Relations (OAR), NCI, NIH, external stakeholders with this Contact Person: Maurizio Grimaldi, MD, collaboration. This customer satisfaction Ph.D., Scientific Review Officer, Scientific 31 Center Drive, Bldg. 31, Room 10A28, Review Branch, National Institute on Aging, MSC 2580, Bethesda, MD 20892, call research helps ensure the relevance, National Institutes of Health, 7201 Wisconsin non-toll-free number 240–781–3406, or utility, and appropriateness of the many Avenue, Gateway Building, Suite 2W200, email your request, including your initiatives and products that OAR and Bethesda, MD 20892, 301–496–9374, address, to [email protected]. NCI produce. The OAR will use a [email protected]. SUPPLEMENTARY INFORMATION: This variety of qualitative (interviews) (Catalogue of Federal Domestic Assistance proposed information collection was methodology to conduct this research, Program Nos. 93.866, Aging Research, previously published in the Federal allowing NCI to: (1) Understand National Institutes of Health, HHS) Register on October 8, 2020, page 63565 characteristics (attitudes, beliefs, and Dated: January 29, 2021. (Vol. 85 FR 63565) and allowed 60 days behaviors) of the intended target Miguelina Perez, for public comment. No public audience and use this information in the Program Analyst, Office of Federal Advisory comments were received. The National development of effective strategies, Committee Policy. Cancer Institute (NCI), National concepts, activities; (2) use a feedback [FR Doc. 2021–02310 Filed 2–3–21; 8:45 am] Institutes of Health, may not conduct or loop to help refine, revise, and enhance BILLING CODE 4140–01–P sponsor, and the respondent is not OAR’s efforts—ensuring that they have required to respond to, an information the greatest relevance, utility, collection that has been extended, appropriateness, and impact for/to DEPARTMENT OF HEALTH AND revised, or implemented on or after target audiences; and (3) expend limited HUMAN SERVICES October 1, 1995, unless it displays a program resource dollars wisely and currently valid OMB control number. National Institutes of Health effectively. The anticipated respondents In compliance with Section will consist of adult cancer research 3507(a)(1)(D) of the Paperwork Submission for OMB Review; 30-Day advocates; members of the public; Reduction Act of 1995, the National Comment Request; A Generic health care professionals; and Institutes of Health (NIH) has submitted Submission for Formative Research, organizational representatives. to the Office of Management and Budget Pre-Testing, Stakeholder Measures OMB approval is requested for 3 and Advocate Forms at NCI (National (OMB) a request for review and years. There are no costs to respondents Cancer Institute) approval of the information collection listed below. other than their time. The total AGENCY: National Institutes of Health, Proposed Collection: A Generic estimated annualized burden hours are HHS. Submission for Formative Research, Pre- 18.
ESTIMATED ANNUALIZED BURDEN HOURS
Number of Average time Form name Type of Number of responses per per response Total annual respondent respondents respondent (in hours) burden hour
In-Depth Interviews ...... Individuals ...... 6 1 30/60 3 Profile Completion ...... Individuals ...... 30 1 30/60 15
Totals ...... 36 ...... 18
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8217
Dated: January 29, 2021. Dated: January 25, 2021. (Catalogue of Federal Domestic Assistance Diane Kreinbrink, Miguelina Perez, Program No. 93.242, Mental Health Research Grants, National Institutes of Health, HHS) Project Clearance Liaison, National Cancer Program Analyst, Office of Federal Advisory Institute, National Institutes of Health. Committee Policy. Dated: January 25, 2021. [FR Doc. 2021–02295 Filed 2–3–21; 8:45 am] [FR Doc. 2021–02286 Filed 2–3–21; 8:45 am] Melanie J. Pantoja, BILLING CODE 4140–01–P BILLING CODE 4140–01–P Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2021–02290 Filed 2–3–21; 8:45 am] DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P HUMAN SERVICES HUMAN SERVICES National Institutes of Health National Institutes of Health National Institute on Aging; Notice of National Institute of Mental Health; DEPARTMENT OF HOMELAND Closed Meeting Notice of Closed Meeting SECURITY Pursuant to section 10(d) of the Pursuant to section 10(d) of the [Docket No. DHS–2021–0006] Federal Advisory Committee Act, as Federal Advisory Committee Act, as amended, notice is hereby given of the amended, notice is hereby given of the Determination of a National Emergency following meeting. following meeting. Requiring Actions To Protect the The meeting will be closed to the Safety of Americans Using and The meeting will be closed to the public in accordance with the Employed by the Transportation public in accordance with the provisions set forth in sections System provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and AGENCY: Office of the Secretary, DHS. as amended. The grant applications and the discussions could disclose the discussions could disclose confidential trade secrets or commercial ACTION: Notice. confidential trade secrets or commercial property such as patentable material, SUMMARY: property such as patentable material, and personal information concerning In consultation with public and personal information concerning individuals associated with the grant health officials and consistent with the individuals associated with the grant applications, the disclosure of which January 21, 2021 Executive Order on applications, the disclosure of which would constitute a clearly unwarranted Promoting COVID–19 Safety in would constitute a clearly unwarranted invasion of personal privacy. Domestic and International Travel and invasion of personal privacy. the January 29, 2021 Order by the U.S. Name of Committee: National Institute of Centers for Disease Control and Name of Committee: National Institute on Mental Health Initial Review Group; Mental Prevention announcing a requirement Health Services Research Committee. Aging Special Emphasis Panel; Technology for persons to wear masks while on Engagement and Aging. Date: February 25–26, 2021. Date: February 19, 2021. Time: February 25, 2021, 1:00 p.m. to 5:00 conveyances and at transportation hubs, Time: 12:30 p.m. to 4:30 p.m. p.m. the Acting Secretary of Homeland Agenda: To review and evaluate grant Agenda: To review and evaluate grant Security on January 27, 2021, issued a applications. applications. Declaration of a National Emergency Place: National Institute on Aging, Place: National Institutes of Health, Requiring Actions to Protect the Safety Gateway Building, 7201 Wisconsin Avenue, Neuroscience Center, 6001 Executive of Americans Using and Employed by Boulevard, Rockville, MD 20852 (Telephone Bethesda, MD 20892 (Video Meeting). the Transportation System Contact Person: Kimberly Firth, Ph.D., Conference Call). Time: February 26, 2021, 10:00 a.m. to 3:00 (‘‘declaration’’). The declaration finds Scientific Review Officer, Scientific Review that a national emergency exists and Branch, National Institute on Aging, National p.m. Institutes of Health, Gateway Building, 7201 Agenda: To review and evaluate grant directs the Transportation Security Wisconsin Avenue, Suite 2W200, Bethesda, applications. Administration to take certain actions to MD 20892, 301–402–7702, firthkm@ Place: National Institutes of Health, promote safety in and to secure the mail.nih.gov. Neuroscience Center, 6001 Executive transportation system and to mitigate Boulevard, Rockville, MD 20852 (Telephone the spread of COVID–19 through the Conference Call). This notice is being published less transportation system. The text of the than 15 days prior to the meeting due Contact Person: Aileen Schulte, Ph.D., Scientific Review Officer, Division of declaration is set out below. to the timing limitations imposed by the Extramural Activities, National Institute of Christina E. McDonald, review and funding cycle. Mental Health, NIH, Neuroscience Center, (Catalogue of Federal Domestic Assistance 6001 Executive Blvd., Room 6136, MSC 9606, Federal Register Liaison, U.S. Department of Program Nos. 93.866, Aging Research, Bethesda, MD 20852, 301–443–1225, Homeland Security. National Institutes of Health, HHS) [email protected]. BILLING CODE 9110–9M–P
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8218 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4725 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES EN04FE21.000 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8219
[FR Doc. 2021–02359 Filed 2–3–21; 8:45 am] hud.gov or telephone 202–402–3400. participating lenders and 203(k) BILLING CODE 9110–9M–C Persons with hearing or speech Consultants. impairments may access this number Respondents (i.e., affected public): through TTY by calling the toll-free Business or other for-profit. DEPARTMENT OF HOUSING AND Federal Relay Service at (800) 877–8339. Estimated Number of Respondents: URBAN DEVELOPMENT This is not a toll-free number. Copies of 1,312. available documents submitted to OMB [Docket No. FR–7034–N–07] Estimated Number of Responses: may be obtained from Ms. Pollard. 211,667. 30-Day Notice of Proposed Information SUPPLEMENTARY INFORMATION: This Frequency of Response: On occasion Collection: Rehabilitation Mortgage notice informs the public that HUD has (Once per loan). Insurance Underwriting Program submitted to OMB a request for Average Hours per Response: 0.85. Section 203(k); OMB Control No.: approval of the information collection Total Estimated Burdens: 188,516. 2502–0527 described in Section A. The Federal Register notice that solicited public B. Solicitation of Public Comment AGENCY: Office of the Chief Information comment on the information collection This notice is soliciting comments Officer, HUD. for a period of 60 days was published ACTION: Notice. from members of the public and affected on July 2, 2020 at 85 FR 39929. parties concerning the collection of SUMMARY: HUD has submitted the A. Overview of Information Collection information described in Section A on proposed information collection the following: Title of Information Collection: requirement described below to the Rehabilitation Mortgage Insurance (1) Whether the proposed collection Office of Management and Budget Underwriting Program Section 203(k). of information is necessary for the (OMB) for review, in accordance with OMB Approval Number: 2502–0527. proper performance of the functions of the Paperwork Reduction Act. The Type of Request: Extension of the agency, including whether the purpose of this notice is to allow for an currently approved collection. information will have practical utility; additional 30 days of public comment. Form Number: HUD–92700–A, HUD– (2) The accuracy of the agency’s DATES: Comments Due Date: March 8, 9746–A. estimate of the burden of the proposed 2021. Description of the need for the collection of information; ADDRESSES: Interested persons are information and proposed use: (3) Ways to enhance the quality, invited to submit comments regarding This request for OMB review involves utility, and clarity of the information to this proposal. Written comments and an extension request for information be collected; and recommendations for the proposed collected under OMB Approval Number (4) Ways to minimize the burden of information collection should be sent 2502–0527 for lenders that originate and the collection of information on those within 30 days of publication of this service Section 203(k) mortgages. who are to respond, including through notice to www.reginfo.gov/public/do/ The Section 203(k) program requires the use of appropriate automated Start Printed Page 15501PRAMain. Find mortgagees to collect information about collection techniques or other forms of this particular information collection by the scope of repair and improvement information technology, e.g., permitting selecting ‘‘Currently under 30-day work, its cost, and control of escrow electronic submission of responses. Review—Open for Public Comments’’ or funds to pay for the improvements as (5) ways to minimize the burden of by using the search function. they are completed. This program the collection of information on those FOR FURTHER INFORMATION CONTACT: operates in conjunction with FHA’s who are to respond, including the use Colette Pollard, Reports Management underwriting standards and systems for of automated collection techniques or Officer, QDAM, Department of Housing all Section 203(b) loans as documented other forms of information technology. and Urban Development, 451 7th Street, in OMB Control Numbers 2502–0059 & HUD encourages interested parties to SW, Washington, DC 20410; email 2502–0556. Per the existing collection, submit comments in response to these Colette Pollard at Colette.Pollard@ there are 1,312 respondents made up of questions.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES EN04FE21.001 8220 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Authority: Section 2 of the Paperwork Drug To submit Reduction Act of 1995, 44 U.S.C. 3507. Controlled substance code Schedule comments: Send them to: Colette Pollard, Remifentanil ...... 9739 II By mail ...... Assistant Attorney General, Department Management Reports U.S. DOJ—ENRD, P.O. Management Officer, Office of the Chief Box 7611, Washington, Information Officer. The company plans to import the D.C. 20044–7611. [FR Doc. 2021–02256 Filed 2–3–21; 8:45 am] above-controlled substance as the BILLING CODE 4210–67–P Federal Drug Administration-approved During the public comment period, drug product in finished dosage form for the proposed consent decree may be commercial distribution to its examined and downloaded at this customers. Approval of permit Justice Department website: https:// DEPARTMENT OF JUSTICE applications will occur only when the www.justice.gov/enrd/consent-decrees. registrant’s business activity is We will provide a paper copy of the Drug Enforcement Administration consistent with what is authorized proposed consent decree upon written under 21 U.S.C. 952(a)(2). request and payment of reproduction [Docket No. DEA–773] costs. Please mail your request and William T. McDermott, payment to: Consent Decree Library, Importer of Controlled Substances Assistant Administrator. U.S. DOJ—ENRD, P.O. Box 7611, Application: Mylan Pharmaceuticals [FR Doc. 2021–02315 Filed 2–3–21; 8:45 am] Washington, DC 20044–7611. Inc. BILLING CODE P Please enclose a check or money order for $8.50 (25 cents per page AGENCY: Drug Enforcement reproduction cost) payable to the United Administration, Justice. DEPARTMENT OF JUSTICE States Treasury. ACTION: Notice of application. Notice of Lodging of Proposed Jeffrey Sands, SUMMARY: Mylan Pharmaceuticals Inc. Consent Decree Under the Clean Air Assistant Section Chief, Environmental has applied to be registered as an Enforcement Section, Environment and Act (‘‘CAA’’) Natural Resources Division. importer of basic class(es) of controlled substance(s). Refer to Supplemental On January 29, 2021, the Department [FR Doc. 2021–02353 Filed 2–3–21; 8:45 am] Information listed below for further of Justice lodged a proposed consent BILLING CODE 4410–15–P drug information. decree with the United States District Court for the District of Utah in the DATES: Registered bulk manufacturers of DEPARTMENT OF LABOR the affected basic class(es), and lawsuit entitled United States v. applicants therefore, may file written Stericycle, Inc., Civil Action No. 1:21– Agency Information Collection comments on or objections to the cv–00012–JNP. Activities; Submission for OMB issuance of the proposed registration on The United States filed this lawsuit Review; Comment Request; Alternative or before March 8, 2021. Such persons under the Clean Air Act alleging Method of Compliance for Certain may also file a written request for a violations of NOx emission limits at Simplified Employee Pensions hearing on the application on or before Stericycle, Inc.’s medical waste ACTION: March 8, 2021. incinerator in North Salt Lake, Utah (an Notice of availability; request for comments. ADDRESSES: Written comments should ozone nonattainment area) and other be sent to: Drug Enforcement related violations. The proposed SUMMARY: The Department of Labor Administration, Attention: DEA Federal consent decree will require Stericycle to (DOL) is submitting this EBSA- Register Representative/DPW, 8701 pay a $600,000 civil penalty and sponsored information collection Morrissette Drive, Springfield, Virginia conduct a supplemental environmental request (ICR) to the Office of 22152. All requests for a hearing must project to replace 15–20 pre-2006 diesel Management and Budget (OMB) for be sent to: Drug Enforcement school buses with low emitting models review and approval in accordance with Administration, Attn: Administrator, at an estimated cost of $2,000,000. the Paperwork Reduction Act of 1995 8701 Morrissette Drive, Springfield, The publication of this notice opens (PRA). Public comments on the ICR are Virginia 22152. All requests for a a period for public comment on the invited. hearing should also be sent to: (1) Drug proposed consent decree. Comments DATES: The OMB will consider all Enforcement Administration, Attn: should be addressed to the Assistant written comments that agency receives Hearing Clerk/OALJ, 8701 Morrissette on or before March 8, 2021. Drive, Springfield, Virginia 22152; and Attorney General, Environment and Natural Resources Division, and should ADDRESSES: Written comments and (2) Drug Enforcement Administration, recommendations for the proposed Attn: DEA Federal Register refer to United States v. Stericycle, Inc., D.J. Ref. No. 90–5–2–1–12057. All information collection should be sent Representative/DPW, 8701 Morrissette within 30 days of publication of this Drive, Springfield, Virginia 22152. comments must be submitted no later than thirty (30) days after the notice to www.reginfo.gov/public/do/ SUPPLEMENTARY INFORMATION: In publication date of this notice. PRAMain. Find this particular accordance with 21 CFR 1301.34(a), this Comments may be submitted either by information collection by selecting is notice that on December 18, 2020, email or by mail: ‘‘Currently under 30-day Review—Open Mylan Pharmaceuticals Inc., 2898 for Public Comments’’ or by using the Manufacturers Road, Greensboro, North To submit search function. Carolina 27406–4600, applied to be comments: Send them to: Comments are invited on: (1) Whether registered as an importer of the the collection of information is following basic class(es) of controlled By email ...... pubcomment-ees.enrd@ necessary for the proper performance of substance(s): usdoj.gov. the functions of the Department,
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8221
including whether the information will display a valid OMB Control Number. Comments are invited on: (1) Whether have practical utility; (2) if the See 5 CFR 1320.5(a) and 1320.6. the collection of information is information will be processed and used DOL seeks PRA authorization for this necessary for the proper performance of in a timely manner; (3) the accuracy of information collection for three (3) the functions of the Department, the agency’s estimates of the burden and years. OMB authorization for an ICR including whether the information will cost of the collection of information, cannot be for more than three (3) years have practical utility; (2) if the including the validity of the without renewal. The DOL notes that information will be processed and used methodology and assumptions used; (4) information collection requirements in a timely manner; (3) the accuracy of ways to enhance the quality, utility and submitted to the OMB for existing ICRs the agency’s estimates of the burden and clarity of the information collection; and receive a month-to-month extension cost of the collection of information, (5) ways to minimize the burden of the while they undergo review. including the validity of the collection of information on those who Agency: DOL–EBSA. methodology and assumptions used; (4) are to respond, including the use of Title of Collection: Alternative ways to enhance the quality, utility and automated collection techniques or Method of Compliance for Certain clarity of the information collection; and other forms of information technology. Simplified Employee Pensions. (5) ways to minimize the burden of the OMB Control Number: 1210–0034. collection of information on those who FOR FURTHER INFORMATION CONTACT: Affected Public: Private Sector— are to respond, including the use of Mara Blumenthal by telephone at 202– Businesses or other for-profits. automated collection techniques or 693–8538, or by email at DOL_PRA_ Total Estimated Number of other forms of information technology. [email protected]. Respondents: 35,660. Total Estimated Number of FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Section Responses: 67,930. Mara Blumenthal by telephone at 202– 110 of ERISA (29 U.S.C. 1030) Total Estimated Annual Time Burden: 693–8538, or by email at DOL_PRA_ authorizes the Secretary of Labor to 21,227 hours. [email protected]. prescribe alternative methods of Total Estimated Annual Other Costs SUPPLEMENTARY INFORMATION: This compliance with the reporting and Burden: $3,223. information collection relates to the disclosure requirements of Title I of the Authority: 44 U.S.C. 3507(a)(1)(D). Department’s regulation governing the Employee Retirement Income Security Dated: January 28, 2021. procedure for filing and processing of Act of 1974 (ERISA) for pension plans. applications for administrative Mara Blumenthal, Simplified Employee Pensions (SEPs) exemptions from the prohibited are established by section 408(k) of the Senior PRA Analyst. transaction provisions of the Employee Internal Revenue Code of 1986 (the [FR Doc. 2021–02325 Filed 2–3–21; 8:45 am] Retirement Income Security Act of 1974 Code). Although SEPs are primarily a BILLING CODE 4510–29–P (ERISA), the Internal Revenue Code of development of the Code subject to its 1986 (the Code), and the Federal requirements, SEPs are also pension Employees’ Retirement System Act of DEPARTMENT OF LABOR plans subject to the reporting and 1986 (FERSA). The regulation contains disclosure requirements of Title I of Agency Information Collection the following collections of information: ERISA. The disclosure requirements set (1) An applicant for an exemption must forth in the regulation ensure that Activities; Submission for OMB Review; Comment Request; Employee disclose information regarding the administrators of non-model SEPs application and certify that the provide participants with specific Retirement Income Security Act of 1974 Prohibited Transaction information is necessary in order for the written information concerning SEPs. Department to make an informed This ICR generally requires timely Provisions Exemption Application Procedure determination regarding the application written disclosure to employees eligible and (2) the applicant must distribute a to participate in non-model SEPs, ACTION: Notice of availability; request notice to interested parties, in which including specific information for comments. participants and beneficiaries are concerning: Participation requirements; informed of the application for allocation formulas for employer SUMMARY: The Department of Labor exemption and have an opportunity to contributions; designated contact (DOL) is submitting this EBSA- respond. For additional substantive persons for further information; and, for sponsored information collection information about this ICR, see the employer recommended IRAs, specific request (ICR) to the Office of related notice published in the Federal terms of the IRAs such as rates of return Management and Budget (OMB) for Register on October 20, 2020 (85 FR and any restrictions on withdrawals. For review and approval in accordance with 66580). additional substantive information the Paperwork Reduction Act of 1995 This information collection is subject about this ICR, see the related notice (PRA). Public comments on the ICR are to the PRA. A Federal agency generally published in the Federal Register on invited. cannot conduct or sponsor a collection October 20, 2020 (85 FR 66580). DATES: The OMB will consider all of information, and the public is This information collection is subject written comments that agency receives generally not required to respond to an to the PRA. A Federal agency generally on or before March 8, 2021. information collection, unless the OMB cannot conduct or sponsor a collection ADDRESSES: Written comments and approves it and displays a currently of information, and the public is recommendations for the proposed valid OMB Control Number. In addition, generally not required to respond to an information collection should be sent notwithstanding any other provisions of information collection, unless the OMB within 30 days of publication of this law, no person shall generally be subject approves it and displays a currently notice to www.reginfo.gov/public/do/ to penalty for failing to comply with a valid OMB Control Number. In addition, PRAMain. Find this particular collection of information that does not notwithstanding any other provisions of information collection by selecting display a valid OMB Control Number. law, no person shall generally be subject ‘‘Currently under 30-day Review—Open See 5 CFR 1320.5(a) and 1320.6. to penalty for failing to comply with a for Public Comments’’ or by using the DOL seeks PRA authorization for this collection of information that does not search function. information collection for three (3)
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8222 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
years. OMB authorization for an ICR the functions of the Department, information collection, unless the OMB cannot be for more than three (3) years including whether the information will approves it and displays a currently without renewal. The DOL notes that have practical utility; (2) if the valid OMB Control Number. In addition, information collection requirements information will be processed and used notwithstanding any other provisions of submitted to the OMB for existing ICRs in a timely manner; (3) the accuracy of law, no person shall generally be subject receive a month-to-month extension the agency’s estimates of the burden and to penalty for failing to comply with a while they undergo review. cost of the collection of information, collection of information that does not Agency: DOL–EBSA. including the validity of the display a valid OMB Control Number. Title of Collection: Employee methodology and assumptions used; (4) See 5 CFR 1320.5(a) and 1320.6. Retirement Income Security Act of 1974 ways to enhance the quality, utility and DOL seeks PRA authorization for this Section 408(a) Prohibited Transaction clarity of the information collection; and information collection for three (3) Provisions Exemption Application (5) ways to minimize the burden of the years. OMB authorization for an ICR Procedure. collection of information on those who cannot be for more than three (3) years OMB Control Number: 1210–0060. are to respond, including the use of without renewal. The DOL notes that Affected Public: Private Sector— automated collection techniques or information collection requirements Businesses or other for-profits. other forms of information technology. submitted to the OMB for existing ICRs Total Estimated Number of FOR FURTHER INFORMATION CONTACT: receive a month-to-month extension Respondents: 20. Mara Blumenthal by telephone at 202– while they undergo review. Total Estimated Number of 693–8538, or by email at DOL_PRA_ Agency: DOL–EBSA. Responses: 4,899. [email protected]. Title of Collection: Investment Advice Total Estimated Annual Time Burden: Participants and Beneficiaries. SUPPLEMENTARY INFORMATION: The 632 hours. OMB Control Number: 1210–0134. Department’s rule allows financial Total Estimated Annual Other Costs Affected Public: Private Sector— services firms, such as a registered Burden: $551,422. Businesses or other for-profits. investment adviser, bank, or registered Total Estimated Number of Authority: 44 U.S.C. 3507(a)(1)(D). broker-dealer, to provide investment Respondents: 11,396. Dated: January 28, 2021. advice on its proprietary investment Total Estimated Number of Mara Blumenthal, products or other investments that Responses: 23,033,030. Senior PRA Analyst. would result in fees or other payments Total Estimated Annual Time Burden: to the firm, if the firm complies with a [FR Doc. 2021–02326 Filed 2–3–21; 8:45 am] 2,423,391 hours. fee-leveling requirement or the advice is BILLING CODE 4510–29–P Total Estimated Annual Other Costs furnished using a certified computer Burden: $318,912,816. model. The regulation contains the Authority: 44 U.S.C. 3507(a)(1)(D). DEPARTMENT OF LABOR following collections of information: (1) A fiduciary adviser must furnish an Dated: January 28, 2021. Agency Information Collection initial disclosure that provides detailed Mara Blumenthal, Activities; Submission for OMB information to participants about an Senior PRA Analyst. Review; Comment Request; advice arrangement before initially [FR Doc. 2021–02327 Filed 2–3–21; 8:45 am] Investment Advice Participants and providing investment advice; (2) a BILLING CODE 4510–29–P Beneficiaries fiduciary adviser must engage, at least annually, an independent auditor to ACTION: Notice of availability; request conduct an audit of the investment LIBRARY OF CONGRESS for comments. advice arrangement for compliance with the regulation; (3) if the fiduciary Copyright Royalty Board SUMMARY: The Department of Labor adviser provides the investment advice [Docket No. 20–CRB–0008–CA (2020–2025)] (DOL) is submitting this EBSA- through the use of a computer model, sponsored information collection the fiduciary adviser must obtain the request (ICR) to the Office of Adjustment of Cable Statutory License written certification of an eligible Royalty Rates Management and Budget (OMB) for investment expert as to the computer review and approval in accordance with model’s compliance with certain AGENCY: Copyright Royalty Board, the Paperwork Reduction Act of 1995 standards (e.g., applies generally Library of Congress. (PRA). Public comments on the ICR are accepted investment theories, unbiased ACTION: Notice of proposed settlement; invited. operation, objective criteria) set forth in request for comments. DATES: The OMB will consider all the regulation before providing the written comments that agency receives advice; and (4) fiduciary advisers must SUMMARY: The Copyright Royalty Judges on or before March 8, 2021. maintain records with respect to the publish for comment a proposed ADDRESSES: Written comments and investment advice provided in reliance settlement governing royalty rates and recommendations for the proposed on the regulation necessary to determine terms for the distant retransmission of information collection should be sent whether the applicable requirements of over-the-air television and radio within 30 days of publication of this the regulation have been satisfied. For broadcast stations by cable television notice to www.reginfo.gov/public/do/ additional substantive information systems to their subscribers. PRAMain. Find this particular about this ICR, see the related notice DATES: Comments are due no later than information collection by selecting published in the Federal Register on February 25, 2021. ‘‘Currently under 30-day Review—Open October 20, 2020 (85 FR 66580). ADDRESSES: You may send comments, for Public Comments’’ or by using the This information collection is subject identified by docket number 20–CRB– search function. to the PRA. A Federal agency generally 0008–CA, online through eCRB at Comments are invited on: (1) Whether cannot conduct or sponsor a collection https://app.crb.gov. the collection of information is of information, and the public is Instructions: All submissions received necessary for the proper performance of generally not required to respond to an must include the Copyright Royalty
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8223
Board name and the docket number for owners of the broadcast programming provide a reasonable basis for setting this proceeding. All comments received that the cable systems retransmit. 17 statutory rates or terms, the Judges will be posted without change to eCRB U.S.C. 111(d)(2). adopt the negotiated rates and terms. 17 at https://app.crb.gov, including any A cable system calculates its royalty U.S.C. 801(b)(7)(A). payments in accordance with the personal information provided. If the Judges adopt the proposed rates Docket: For access to the docket to statutory formula described in 17 U.S.C. and terms pursuant to this provision for read background documents or 111(d)(1). Royalty rates are based upon the 2020–2025 rate period, the adopted comments received, go to eCRB at a cable system’s gross receipts from https://app.crb.gov and perform a case subscribers who receive retransmitted (and thus, existing) rates and terms and search for docket 20–CRB–0008–CA. broadcast signals. For rate calculation gross receipts limitations will continue to be binding on all cable systems that FOR FURTHER INFORMATION CONTACT: purposes, cable systems are divided into retransmit distantly over-the-air Anita Blaine, Program Specialist, by three tiers (small, medium, and large) television and radio broadcast stations telephone at (202) 707–7658, or by based on their gross receipts. 17 U.S.C. email at [email protected]. 111(d)(1)(B) through (F). Both the to their subscribers and on all copyright applicable rates and the tiers are subject owners of the broadcast programming SUPPLEMENTARY INFORMATION: On that the cable systems retransmit during January 26, 2021, the Copyright Royalty to adjustment. 17 U.S.C. 801(b)(2). Every five years persons with a the license period 2020–2025. Judges (Judges) received a Joint Notice significant interest in the royalty rates of Settlement of Participating Parties 1 Interested parties may comment and may file petitions to initiate a informing the Judges that they have Participating Parties may object to the proceeding to adjust the rates. 17 U.S.C. proposed settlement referenced in this agreed not to seek a quinquennial 804(a)–(b). No person with a significant notice. See 17 U.S.C. 801(b)(7)(A). Such adjustment in the existing Section 111 interest filed a petition to initiate a comments and objections, if any, must royalty rates or gross receipts limitations proceeding in 2020. Therefore, the pursuant to 17 U.S.C. 804(b)(1)(A)–(B) Judges initiated a rate adjustment be submitted no later than February 25, for the 2020–2025 period. As a result, proceeding by publishing a notice and 2021. the Participating Parties request that the request for petitions to participate in the Dated: January 29, 2021. Judges terminate this proceeding Federal Register. 85 FR 34467 (June 4, without making any changes in (1) the Jesse M. Feder, 2020). The Judges accepted the petitions Chief Copyright Royalty Judge. royalty rates currently set forth in 17 to participate of each of the U.S.C. 111(d)(1)(B) and 37 CFR Participating Parties and commenced a [FR Doc. 2021–02270 Filed 2–3–21; 8:45 am] 2 256.2(c)–(d); and (2) the gross receipts Voluntary Negotiation Period (VNP). BILLING CODE 1410–72–P limitations set forth in 17 U.S.C. Notice of Participants, Commencement 111(d)(1)(E)–(F). Joint Notice at 2. The of Voluntary Negotiation Period, and Judges hereby publish the proposed Scheduling Order (Oct. 20, 2020).3 In settlement and request comments from response to that Notice and Order, the OFFICE OF MANAGEMENT AND interested parties as required by 17 Participating Parties have notified the BUDGET U.S.C. 801(b)(7)(A). Judges that they have agreed not to seek Section 111 of the Copyright Act a quinquennial adjustment in the Revisions of Rescissions Proposals grants a statutory copyright license to existing Section 111 royalty rates or Pursuant to the Congressional Budget cable television systems for the distant gross receipts limitations pursuant to 17 and Impoundment Control Act of 1974 retransmission of over-the-air television U.S.C. 804(b)(1)(A)–(B) for the 2020– and radio broadcast stations to their 2025 period. They request that the AGENCY: Executive Office of the subscribers. 17 U.S.C. 111(c). In Judges terminate this proceeding President, Office of Management and exchange for the license, cable operators without making any changes in the Budget. submit to the Copyright Office applicable royalty rates and gross ACTION: Notice of revisions to semiannually royalty payments and receipts limitations. rescissions proposed pursuant to the statements of account detailing their Section 801(b)(7)(A) allows for the retransmissions. 17 U.S.C. 111(d)(1). Congressional Budget and adoption of rates and terms negotiated Impoundment Control Act of 1974. The Copyright Office deposits the by ‘‘some or all of the participants in a royalties into the United States Treasury proceeding at any time during the SUMMARY: for later distribution to copyright proceeding’’ provided the parties submit Pursuant to section 1014(d) of the negotiated rates and terms to the the Congressional Budget and 1 The Participating Parties are American Society Judges for approval. That provision Impoundment Control Act of 1974, of Composers, Authors and Publishers, Broadcast directs the Judges to provide those who OMB is issuing a supplementary special Music, Inc., Canadian Claimants Group (by message from the President in regard to Canadian Broadcasting Corporation), Devotional would be bound by the negotiated rates Claimants (Crystal Cathedral Ministries, et al.), and terms an opportunity to comment the rescissions proposals that were Global Music Rights, LLC, Joint Sports Claimants, on the agreement. Unless a participant previously transmitted to the Congress Motion Picture Association, Commercial Television in a proceeding objects and the Judges on January 14, 2021 under section Claimants (through the National Association of 1012(a) of that Act. The supplementary Broadcasters), NPR Claimants (through National conclude that the agreement does not Public Radio, Inc.), NCTA—The Internet & special message was transmitted to the Television Association, Public Television Claimants 3 The Judges also received a petition to participate Congress on January 31, 2021. The (through Public Broadcasting Service), and SESAC from Circle God Network Inc. (through David supplementary special message reports Performing Rights, LLC. Powell), which the Judges concluded failed to state the withdrawal of all 73 proposals. 2 The Judges assume that the Participating Parties’ why it believed it had a significant interest in the reference to 37 CFR 256.2(c) & (d), which was a proceeding. The Judges subsequently rejected Mr. DATES: The Congress was notified on Copyright Office regulation relating to the Judges’ Powell’s petition to participate, Order Rejecting predecessor, is intended to refer to paragraphs (c)– David Powell’s Petition to Participate and January 31, 2021. (d) of 37 CFR 387, which the Judges adopted at the Permitting Filing of an Amended Petition (Oct. 20, ADDRESSES: This supplementary special conclusion of the last cable rate proceeding. See 81 2020), and later dismissed Mr. Powell from the FR 62812 (Sept. 13, 2016) and 81 FR 24523–24 proceeding. Order Dismissing David Powell (Nov. 5, message is available on-line on the OMB (Apr. 26, 2016). 2020). website at: https://www.whitehouse.gov/
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8224 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
omb/supplementals-amendments-and- notice to announce the administrative permit the meetings to be open to the releases/. extension of an asynchronous Federal public would preclude discussion of Advisory Committee meeting and paper such matters and would greatly Robert Fairweather, review process. The meeting will be diminish the ultimate utility of the Acting Director. closed to the public. Commission’s findings and Dear Madam President: (Dear Madam DATES: Closed to the public, the recommendations to the Congress and Speaker:) asynchronous meeting date is extended the President. In accordance with section 1014(c) of the from February 14, 2021 to February 28, Written Statements: Written Congressional Budget and Impoundment 2021. comments may be submitted to the Control Act of 1974 (2 U.S.C. 685(c)), I am FOR FURTHER INFORMATION CONTACT: Ms. Commission at any time regarding its withdrawing 73 proposed rescissions previously transmitted to the Congress. Angela Ponmakha, 703–614–6379 mission or in response to the stated The withdrawals are for the Departments of (Voice), [email protected]. Mailing agenda of planned meetings via email Agriculture, Commerce, Education, Energy, address: Designated Federal Officer, to: [email protected] in either Adobe Health and Human Services, Homeland National Security Commission on Acrobat or Microsoft Word format. The Security, the Interior, Justice, Labor, State, Artificial Intelligence, 2530 Crystal DFO will compile all written and the Treasury, as well as the African Drive, Box 45, Arlington, VA 22202. submissions and provide them to the Development Foundation, the Commission of Website: https://www.nscai.gov. Commissioners for consideration. Please Fine Arts, the Corporation for National and SUPPLEMENTARY INFORMATION: As note that all submitted comments will Community Service, the District of Columbia, be treated as public documents and will the Environmental Protection Agency, the referred to in the Commission’s original Inter-American Foundation, the Millennium Federal Register notice (85 FR 76613), be made available for public inspection, Challenge Corporation, the National the meeting and paper review process including, but not limited to, being Endowments for the Arts and Humanities, are being held to consider the posted on the Commission’s website. the National Gallery of Art, the Peace Corps, Commission’s draft classified annex. Dated: January 29, 2021. the Presidio Trust, the United States Agency Due to circumstances beyond the Michael Gable, for International Development, the United control of the Commission—including Chief of Staff. States Army Corps of Engineers, the travel and social distancing restrictions Woodrow Wilson International Center for [FR Doc. 2021–02261 Filed 2–3–21; 8:45 am] on in-person meetings imposed by the Scholars, and the Legislative Branch. BILLING CODE 3610–Y8–P The details of the rescission withdrawals COVID–19 pandemic—the Commission are contained in the attached report. will be unable to complete the review Sincerely, process of the classified annex. As such, the Commission is administratively Joseph R. Biden Jr. NATIONAL SCIENCE FOUNDATION extending the asynchronous meeting Rescission proposals nos. R21–1 period previously scheduled to end on Sunshine Act Meeting through R21–73 or about February 14, 2021 by two SUPPLEMENTARY REPORT weeks, to February 28, 2021. As The National Science Board’s described in the original notice, Committee on Strategy, pursuant to NSF Report Pursuant to Section 1014(c) of individual commissioners or small regulations, the National Science the Congressional Budget and groups of commissioners may meet with Foundation Act, and the Government in Impoundment Control Act of 1974 (2 Commission staff during this period of the Sunshine Act, hereby gives notice of U.S.C. 685(c)) time to review, discuss, and deliberate the scheduling of a teleconference for This report updates Rescission specifically on the Commission’s draft the transaction of National Science proposals R21–1 through R21–73, which classified annex. All materials and Board business, as follows: discussions are expected to be were transmitted to the Congress on TIME AND DATE: Monday, February 8, January 14, 2021. classified. 2021, from 10:00–11:00 a.m. EST. This report withdraws all of the Meeting Accessibility: In accordance rescission proposals transmitted on with Section 10(d) of the FACA, NSCAI PLACE: This meeting will be held by January 14, 2021. has determined the series of meetings teleconference through the National [FR Doc. 2021–02320 Filed 2–3–21; 8:45 am] and paper approval process will be Science Foundation. BILLING CODE 3110–01–P closed to the public. Specifically, the STATUS: Open. Commission’s Committee Management Officer, in consultation with the General MATTERS TO BE CONSIDERED: The agenda Services Administration’s Secretariat of the teleconference is: Chair’s opening NATIONAL SECURITY COMMISSION remarks, discussion of the next NSF ON ARTIFICIAL INTELLIGENCE and Office of General Counsel, has determined in writing that the meetings strategic plan. [Docket No.: 1–2021–03] will be closed to the public because they CONTACT PERSON FOR MORE INFORMATION: will consider matters covered by 5 Point of contact for this meeting is: National Security Commission on U.S.C. 552b(c)(1). The determination is Kathy Jacquart, [email protected], 703/ Artificial Intelligence; Notice of based on the consideration that it is 292–7000. To listen to this Extension of Federal Advisory expected that discussions throughout teleconference, members of the public Committee Meeting the course of each meeting and the must send an email to AGENCY: National Security Commission paper approval process will involve [email protected] at least 24 on Artificial Intelligence. classified matters of national security hours prior to the teleconference. The ACTION: Notice of extension of Federal concern. Such classified material is so National Science Board Office will send Advisory Committee meeting. intertwined with the unclassified requesters a toll-free dial-in number. material that it cannot be reasonably Meeting information and updates may SUMMARY: The National Security segregated into separate discussions be found at https://www.nsf.gov/nsb/ Commission on Artificial Intelligence without defeating the effectiveness and meetings/index.jsp. Please refer to the (the ‘‘Commission’’) is publishing this meaning of the overall meetings. To National Science Board website at
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8225
www.nsf.gov/nsb for general MATTERS TO BE CONSIDERED: Audit Rock Point Plant (Big Rock Point) and information. Committee meeting. Palisades Nuclear Plant (Palisades), The General Counsel of the respectively, as well as the general Chris Blair, Corporation has certified that in his license for the Big Rock Point Executive Assistant to the National Science opinion, one or more of the exemptions Independent Spent Fuel Storage Board Office. set forth in 5 U.S.C. 552 (b)(2) and (4) Installation (ISFSI) and the Palisades [FR Doc. 2021–02374 Filed 2–2–21; 11:15 am] permit closure of the following ISFSI (collectively, the licenses). BILLING CODE 7555–01–P portion(s) of this meeting: Specifically, the application requests • Executive Session that the NRC consent to (1) the transfer of control of the licenses to Holtec and NATIONAL SCIENCE FOUNDATION Agenda (2) the transfer of ENOI’s operating Sunshine Act Meeting I. Call to Order authority to HDI. The NRC is also II. Executive Session: Chief Audit considering amending the licenses for The National Science Board’s Executive administrative purposes to reflect the Committee on Oversight hereby gives III. Action Item Presentation of the proposed transfer. The application notice of the scheduling of a FY2021 Risk Assessment & Internal contains sensitive unclassified non- teleconference for the transaction of Audit Plan safeguards information (SUNSI). National Science Board business as IV. Action Item Internal Audit Reports DATES: Comments must be filed by follows: with Management’s Response March 8, 2021. A request for a hearing TIME AND DATE: Wednesday, February 10, V. Internal Audit Status Reports must be filed by February 24, 2021. Any 2021, from 1:00–2:00 p.m. EST. VI. Adjournment potential party as defined in § 2.4 of title PLACE: This meeting will be held by PORTIONS OPEN TO THE PUBLIC: 10 of the Code of Federal Regulations teleconference through the National Everything except the Executive (10 CFR) who believes access to SUNSI Science Foundation. Session. is necessary to respond to this notice STATUS: Open. PORTIONS CLOSED TO THE PUBLIC: must follow the instructions in Section VI of the SUPPLEMENTARY INFORMATION MATTERS TO BE CONSIDERED: Executive Session. The agenda section of this notice. of the teleconference is: Chair’s opening CONTACT PERSON FOR MORE INFORMATION: ADDRESSES: remarks; presentation regarding merit Lakeyia Thompson, Special Assistant, You may submit comments review analysis; review of two proposed (202) 524–9940; [email protected]. by any of the following methods; however, the NRC encourages electronic NSB policies; and discussion of data on Lakeyia Thompson, careers of NSF-funded graduate comment submission through the Special Assistant. students. Federal Rulemaking website: [FR Doc. 2021–02425 Filed 2–2–21; 4:15 pm] • Federal Rulemaking Website: Go to CONTACT PERSON FOR MORE INFORMATION: BILLING CODE 7570–02–P https://www.regulations.gov and search Point of contact for this meeting is: Ann for Docket ID NRC–2021–0036. Address Bushmiller, [email protected], 703/ questions about Docket IDs in 292–7000. To listen to this Regulations.gov to Stacy Schumann; teleconference, members of the public NUCLEAR REGULATORY COMMISSION telephone: 301–415–0624; email: must send an email to [email protected]. For technical [email protected] at least 24 [Docket Nos. 50–155, 50–255, 72–007, and questions, contact the individual listed 72–043; NRC–2021–0036] hours prior to the teleconference. The in the FOR FURTHER INFORMATION National Science Board Office will send CONTACT section of this document. requesters a toll-free dial-in number. Palisades Nuclear Plant and Big Rock • Point Plant Consideration of Approval Email comments to: Meeting information and updates may [email protected]. If you do not be found at https://www.nsf.gov/nsb/ of Transfer of Control of Licenses and Conforming Amendments receive an automatic email reply meetings/index.jsp. Please refer to the confirming receipt, then contact us at National Science Board website at AGENCY: Nuclear Regulatory 301–415–1677. www.nsf.gov/nsb for general Commission. • Fax comments to: Secretary, U.S. information. ACTION: Application for direct and Nuclear Regulatory Commission at 301– 415–1101. Chris Blair, indirect transfers of licenses; • Executive Assistant to the National Science opportunity to comment, request a Mail comments to: Secretary, U.S. Board Office. hearing, and petition for leave to Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: [FR Doc. 2021–02466 Filed 2–2–21; 4:15 pm] intervene. Rulemakings and Adjudications Staff. BILLING CODE 7555–01–P SUMMARY: The U.S. Nuclear Regulatory • Hand deliver comments to: 11555 Commission (NRC) received and is Rockville Pike, Rockville, Maryland considering approval of an application 20852, between 7:30 a.m. and 4:15 p.m. NEIGHBORHOOD REINVESTMENT filed by Entergy Nuclear Operations, (Eastern Time) Federal workdays; CORPORATION Inc. (ENOI), on behalf of itself, Entergy telephone: 301–415–1677. Nuclear Palisades, LLC (ENP), Holtec For additional direction on obtaining Sunshine Act Meetings International (Holtec), and Holtec information and submitting comments, Decommissioning International, LLC see ‘‘Obtaining Information and TIME AND DATE: 10:00 a.m., Thursday, (HDI) (collectively, the applicants), on Submitting Comments’’ in the February 11, 2021 December 23, 2020. The application SUPPLEMENTARY INFORMATION section of PLACE: Via Conference Call seeks NRC approval of the transfer of this document. STATUS: Parts of this meeting will be control of Provisional Operating License FOR FURTHER INFORMATION CONTACT: open to the public. The rest of the No. DPR–6 and Renewed Facility Scott P. Wall, Office of Nuclear Reactor meeting will be closed to the public. Operating License No. DPR–20 for Big Regulation, U.S. Nuclear Regulatory
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8226 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Commission, Washington, DC 20555– disclosed in their comment submission. required by the Atomic Energy Act of 0001; telephone: 301–415–2855; email: Your request should state that the NRC 1954, as amended (the Act), and the [email protected]. does not routinely edit comment Commission’s regulations. As provided SUPPLEMENTARY INFORMATION: submissions to remove such information in 10 CFR 2.1315, unless otherwise before making the comment determined by the Commission with I. Obtaining Information and submissions available to the public or regard to a specific application, the Submitting Comments entering the comment into ADAMS. Commission has determined that any amendment to the license of a A. Obtaining Information II. Introduction utilization facility or to the license of an Please refer to Docket ID NRC–2021– The NRC is considering the issuance ISFSI, which does no more than 0036 when contacting the NRC about of an order under 10 CFR 50.80 and conform the license to reflect the the availability of information for this 72.50 approving the direct and indirect transfer action, involves no significant action. You may obtain publicly transfers of control of Provisional hazards consideration and no genuine available information related to this Operating License No. DPR–6 and issue as to whether the health and safety action by any of the following methods: Renewed Facility Operating License No. • of the public will be significantly Federal Rulemaking Website: Go to DPR–20 for Big Rock Point and affected. No contrary determination has https://www.regulations.gov and search Palisades, respectively, as well as the been made with respect to this specific for Docket ID NRC–2021–0036. general licenses for the Palisades and • license amendment application. In light NRC’s Agencywide Documents Big Rock Point ISFSIs (collectively, the of the generic determination reflected in Access and Management System licenses). Specifically, the application, 10 CFR 2.1315, no public comments (ADAMS): You may obtain publicly dated December 23, 2020 (ADAMS with respect to significant hazards available documents online in the Accession No. ML20358A075), requests considerations are being solicited, ADAMS Public Documents collection at that the NRC consent to (1) the transfer notwithstanding the general comment https://www.nrc.gov/reading-rm/ of control of the licenses to Holtec, and procedures contained in 10 CFR 50.91. adams.html. To begin the search, select (2) the transfer of ENOI’s operating ‘‘Begin Web-based ADAMS Search.’’ For authority (i.e., its authority to conduct III. Opportunity To Comment problems with ADAMS, please contact licensed activities under the licenses) to Within 30 days from the date of the NRC’s Public Document Room (PDR) HDI. In addition, HDI submitted a ‘‘Post publication of this notice, persons may reference staff at 1–800–397–4209, 301– Shutdown Decommissioning Activities submit written comments regarding the 415–4737, or by email to pdr.resource@ Report [PSDAR] including Site-Specific license transfer application, as provided nrc.gov. The ADAMS accession number Decommissioning Cost Estimate for for in 10 CFR 2.1305. The Commission for each document referenced (if it is Palisades Nuclear Plant,’’ dated will consider and, if appropriate, available in ADAMS) is provided the December 23, 2020 (ADAMS Accession respond to these comments, but such first time that it is mentioned in this No. ML20358A232), which the NRC is comments will not otherwise constitute document. considering as a supplement to the part of the decisional record. Comments • Attention: The PDR, where you may license transfer application. The NRC is should be submitted as described in the examine and order copies of public also considering amending the licenses ADDRESSES section of this document. documents, is currently closed. You for administrative purposes to reflect may submit your request to the PDR via IV. Opportunity To Request a Hearing the proposed transfer. and Petition for Leave To Intervene email at [email protected] or call Following approval of the proposed 1–800–397–4209 or 301–415–4737, direct and indirect transfers of control of Within 20 days after the date of between 8:00 a.m. and 4:00 p.m. (EST), the licenses, Holtec Palisades, LLC, publication of this notice, any persons Monday through Friday, except Federal would be the licensed owners for the (petitioner) whose interest may be holidays. licenses and HDI would be the licensed affected by this action may file a request operator for the licenses. HDI will for a hearing and petition for leave to B. Submitting Comments contract with Comprehensive intervene (petition) with respect to the The NRC encourages electronic Decommissioning International, LLC to action. Petitions shall be filed in comment submission through the decommission Palisades. accordance with the Commission’s Federal Rulemaking website (https:// No physical changes to the Palisades ‘‘Agency Rules of Practice and www.regulations.gov). Please include ISFSI and the Big Rock Point ISFSI or Procedure’’ in 10 CFR part 2. Interested Docket ID NRC–2021–0036 in your operational changes are being proposed persons should consult a current copy comment submission. in the application. of 10 CFR 2.309. The NRC’s regulations The NRC cautions you not to include The NRC’s regulations at 10 CFR are accessible electronically from the identifying or contact information that 50.80 state that no license, or any right NRC Library on the NRC’s website at you do not want to be publicly thereunder, shall be transferred, directly https://www.nrc.gov/reading-rm/doc- disclosed in your comment submission. or indirectly, through transfer of control collections/cfr/. Alternatively, a copy of The NRC will post all comment of the license, unless the Commission the regulations is available at the NRC’s submissions at https:// gives its consent in writing. The Public Document Room, located at One www.regulations.gov as well as enter the Commission will approve an White Flint North, Room O1–F21, 11555 comment submissions into ADAMS. application for the transfer of a license Rockville Pike (first floor), Rockville, The NRC does not routinely edit if the Commission determines that the Maryland 20852. If a petition is filed, comment submissions to remove proposed transferee is qualified to hold the Commission or a presiding officer identifying or contact information. the license, and that the transfer is will rule on the petition and, if If you are requesting or aggregating otherwise consistent with applicable appropriate, a notice of a hearing will be comments from other persons for provisions of law, regulations, and issued. submission to the NRC, then you should orders issued by the Commission. As required by 10 CFR 2.309(d), the inform those persons not to include Before issuance of the proposed petition should specifically explain the identifying or contact information that conforming license amendment, the reasons why intervention should be they do not want to be publicly Commission will have made findings permitted with particular reference to
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8227
the following general requirements for the Commission to participate as a party help/e-submittals.html. Participants standing: (1) The name, address, and under 10 CFR 2.309(h)(1). The petition may not submit paper copies of their telephone number of the petitioner; (2) should state the nature and extent of the filings unless they seek an exemption in the nature of the petitioner’s right to be petitioner’s interest in the proceeding. accordance with the following made a party to the proceeding; (3) the The petition should be submitted to the procedures. nature and extent of the petitioner’s Commission no later than 20 days from To comply with the procedural property, financial, or other interest in the date of publication of this notice. requirements of E-Filing, at least 10 the proceeding; and (4) the possible The petition must be filed in accordance days prior to the filing deadline, the effect of any decision or order which with the filing instructions in the participant should contact the Office of may be entered in the proceeding on the ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at petitioner’s interest. section of this document, and should [email protected], or by telephone In accordance with 10 CFR 2.309(f), meet the requirements for petitions set at 301–415–1677, to (1) request a digital the petition must also set forth the forth in this section, except that under identification (ID) certificate, which specific contentions that the petitioner 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or seeks to have litigated in the governmental body, or Federally representative) to digitally sign proceeding. Each contention must recognized Indian Tribe, or agency submissions and access the E-Filing consist of a specific statement of the thereof does not need to address the system for any proceeding in which it issue of law or fact to be raised or standing requirements in 10 CFR is participating; and (2) advise the controverted. In addition, the petitioner 2.309(d) if the facility is located within Secretary that the participant will be must provide a brief explanation of the its boundaries. Alternatively, a State, submitting a petition or other bases for the contention and a concise local governmental body, Federally adjudicatory document (even in statement of the alleged facts or expert recognized Indian Tribe, or agency instances in which the participant, or its opinion that support the contention and thereof may participate as a non-party counsel or representative, already holds on which the petitioner intends to rely under 10 CFR 2.315(c). an NRC-issued digital ID certificate). in proving the contention at the hearing. If a petition is submitted, any person Based upon this information, the The petitioner must also provide who is not a party to the proceeding and Secretary will establish an electronic references to the specific sources and is not affiliated with or represented by docket for the hearing in this proceeding documents on which the petitioner a party may, at the discretion of the if the Secretary has not already intends to rely to support its position on presiding officer, be permitted to make established an electronic docket. the issue. The petition must include a limited appearance pursuant to the Information about applying for a sufficient information to show that a provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the genuine dispute exists with the making a limited appearance may make NRC’s public website at https:// applicant or licensee on a material issue an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ of law or fact. Contentions must be position on the issues but may not getting-started.html. Once a participant limited to matters within the scope of otherwise participate in the proceeding. has obtained a digital ID certificate and the proceeding. The contention must be A limited appearance may be made at a docket has been created, the one that, if proven, would entitle the any session of the hearing or at any participant can then submit petitioner to relief. A petitioner who prehearing conference, subject to the adjudicatory documents. Submissions fails to satisfy the requirements at 10 limits and conditions as may be must be in Portable Document Format CFR 2.309(f) with respect to at least one imposed by the presiding officer. Details (PDF). Additional guidance on PDF contention will not be permitted to regarding the opportunity to make a submissions is available on the NRC’s participate as a party. limited appearance will be provided by public website at https://www.nrc.gov/ Those permitted to intervene become the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A parties to the proceeding, subject to any scheduled. filing is considered complete at the time limitations in the order granting leave to the document is submitted through the intervene. Parties have the opportunity V. Electronic Submissions (E-Filing) NRC’s E-Filing system. To be timely, an to participate fully in the conduct of the All documents filed in NRC electronic filing must be submitted to hearing with respect to resolution of adjudicatory proceedings, including a the E-Filing system no later than 11:59 that party’s admitted contentions, request for hearing and petition for p.m. Eastern Time on the due date. including the opportunity to present leave to intervene (petition), any motion Upon receipt of a transmission, the E- evidence, consistent with the NRC’s or other document filed in the Filing system time-stamps the document regulations, policies, and procedures. proceeding prior to the submission of a and sends the submitter an email notice Petitions must be filed no later than request for hearing or petition to confirming receipt of the document. The 20 days from the date of publication of intervene, and documents filed by E-Filing system also distributes an email this notice. Petitions and motions for interested governmental entities that notice that provides access to the leave to file new or amended request to participate under 10 CFR document to the NRC’s Office of the contentions that are filed after the 2.315(c), must be filed in accordance General Counsel and any others who deadline will not be entertained absent with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary a determination by the presiding officer 49139; August 28, 2007, as amended at that they wish to participate in the that the filing demonstrates good cause 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not by satisfying the three factors in 10 CFR Filing process requires participants to serve the document on those 2.309(c)(1)(i) through (iii). The petition submit and serve all adjudicatory participants separately. Therefore, must be filed in accordance with the documents over the internet, or in some applicants and other participants (or filing instructions in the ‘‘Electronic cases to mail copies on electronic their counsel or representative) must Submissions (E-Filing)’’ section of this storage media. Detailed guidance on apply for and receive a digital ID document. making electronic submissions may be certificate before adjudicatory A State, local governmental body, found in the Guidance for Electronic documents are filed so that they can Federally recognized Indian Tribe, or Submissions to the NRC and on the NRC obtain access to the documents via the agency thereof, may submit a petition to website at https://www.nrc.gov/site- E-Filing system.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8228 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
A person filing electronically using unless an NRC regulation or other law differs only slightly from the most the NRC’s adjudicatory E-Filing system requires submission of such recently approved information may seek assistance by contacting the information. For example, in some collection, OSC’s 2020 Annual Survey. NRC’s Electronic Filing Help Desk instances, individuals provide home By statute, OSC must conduct an annual through the ‘‘Contact Us’’ link located addresses in order to demonstrate survey to collect feedback from those on the NRC’s public website at https:// proximity to a facility or site. With who have contacted OSC for assistance, www.nrc.gov/site-help/e- respect to copyrighted works, except for either by filing complaints and/or submittals.html, by email to limited excerpts that serve the purpose disclosures with OSC, or by seeking [email protected], or by a toll- of the adjudicatory filings and would Hatch Act Advisory Opinions. This OSC free call at 1–866–672–7640. The NRC constitute a Fair Use application, annual survey consists of four electronic Electronic Filing Help Desk is available participants are requested not to include questionnaires (one for each type of between 9 a.m. and 6 p.m., Eastern copyrighted materials in their assistance an individual can seek from Time, Monday through Friday, submission. OSC), each asking between five and ten excluding government holidays. The Commission will issue a notice or questions. OSC invites comments on: (a) Participants who believe that they order granting or denying a hearing The accuracy of OSC’s estimate of the have a good cause for not submitting request or intervention petition, burden of the proposed collections of documents electronically must file an designating the issues for any hearing information; (b) ways to enhance the exemption request, in accordance with that will be held and designating the quality, utility, and clarity of the 10 CFR 2.302(g), with their initial paper Presiding Officer. A notice granting a information to be collected; and (c) filing stating why there is good cause for hearing will be published in the Federal ways to minimize the burden of the not filing electronically and requesting Register and served on the parties to the collection of information on authorization to continue to submit hearing. respondents. documents in paper format. Such filings For further details with respect to this DATES: Written comments should be must be submitted by: (1) First class application, see the application dated received on or before March 8, 2021. mail addressed to the Office of the December 23, 2020, and the HDI PSDAR ADDRESSES: You may submit written Secretary of the Commission, U.S. and Site-Specific Decommissioning Cost comments by mail to: Office of Nuclear Regulatory Commission, Estimate dated December 23, 2020. Information and Regulatory Affairs, Washington, DC 20555–0001, Attention: Office of Management and Budget, Rulemaking and Adjudications Staff; or VI. Access to Sensitive Unclassified Attention: Desk Officer for OSC, New (2) courier, express mail, or expedited Non-Safeguards Information for Executive Office Building, Room 10235, delivery service to the Office of the Contention Preparation Washington, DC 20503; or by email via: Secretary, 11555 Rockville Pike, Any person who desires access to [email protected]. Rockville, Maryland 20852, Attention: proprietary, confidential commercial Rulemaking and Adjudications Staff. information that has been redacted from FOR FURTHER INFORMATION CONTACT: Participants filing adjudicatory the application should contact the Amy Beckett, Senior Litigation Counsel, documents in this manner are applicant by telephoning Susan H. by telephone at (202) 804–7000, or by responsible for serving the document on Raimo, Entergy Services, LLC, at 202– email at [email protected]. all other participants. Filing is 530–7330 for the purpose of negotiating SUPPLEMENTARY INFORMATION: OSC is a considered complete by first-class mail a confidentiality agreement or a permanent independent federal as of the time of deposit in the mail, or proposed protective order with the investigative and prosecutorial agency. by courier, express mail, or expedited applicant. If no agreement can be OSC’s basic authorities come from four delivery service upon depositing the reached, persons who desire access to federal statutes: The Civil Service document with the provider of the this information may file a motion with Reform Act, the Whistleblower service. A presiding officer, having the Secretary and addressed to the Protection Act, the Hatch Act, and the granted an exemption request from Commission that requests the issuance Uniformed Services Employment & using E-Filing, may require a participant of a protective order. Reemployment Rights Act (USERRA). or party to use E-Filing if the presiding OSC’s primary mission is to safeguard Dated: February 1, 2021. officer subsequently determines that the the merit system by protecting federal reason for granting the exemption from For the Nuclear Regulatory Commission. employees and applicants from use of E-Filing no longer exists. Scott P. Wall, prohibited personnel practices, Documents submitted in adjudicatory Senior Project Manager, Plant Licensing especially reprisal for whistleblowing, proceedings will appear in the NRC’s Branch III, Division of Operating Reactor and to serve as a safe channel for electronic hearing docket that is Licensing, Office of Nuclear Reactor allegations of wrongdoing. OSC is available to the public at https:// Regulation. required to conduct an annual survey of adams.nrc.gov/ehd, unless excluded [FR Doc. 2021–02357 Filed 2–3–21; 8:45 am] individuals who seek its assistance. pursuant to an order of the Commission BILLING CODE 7590–01–P OSC conducts an annual survey or the presiding officer. If you do not pursuant to Section 13 of Public Law have an NRC-issued digital ID certificate 103–424 (1994), codified at 5 U.S.C. as previously described, click ‘‘cancel’’ OFFICE OF SPECIAL COUNSEL 1212 note, which states, in part: ‘‘[T]he when the link requests certificates and survey shall—(1) determine if the you will be automatically directed to the OSC Annual Survey individual seeking assistance was fully NRC’s electronic hearing dockets where AGENCY: U.S. Office of Special Counsel. apprised of their rights; (2) determine you will be able to access any publicly ACTION: Notice of modification of whether the individual was successful available documents in a particular information collection. either at the Office of Special Counsel hearing docket. Participants are or the Merit Systems Protection Board; requested not to include personal SUMMARY: The U.S. Office of Special and (3) determine if the individual, privacy information, such as social Counsel (OSC), seeks approval from the whether successful or not, was satisfied security numbers, home addresses, or Office of Management and Budget with the treatment received from the personal phone numbers in their filings, (OMB) for use of a modified survey that Office of Special Counsel.’’ The statute
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8229
requires OSC to publish the survey’s specific danger to public health and/or FOR FURTHER INFORMATION CONTACT: Julia results in OSC’s annual report to safety, or censorship related to scientific Alford, Senior Executive Resources Congress. Copies of prior years’ annual research; or (3) seeking Hatch Act Services, Senior Executive Services and reports are available on OSC’s website, advisory opinions. Performance Management, Employee at https://osc.gov/Pages/Resources- Respondent’s Obligation: Voluntary. Services, 202–606–2246. ReportsAndInfo.aspx or by calling OSC Estimated Annual Number of Survey SUPPLEMENTARY INFORMATION: In at (202) 804–7000. The 2020 OSC Form Respondents: 500. accordance with 5 CFR 213.103, Annual Survey, OMB Control Number Frequency of Survey form use: One- Schedule A, B, and C appointing 3255–0003, expires on March 30, 2021. time. authorities available for use by all OSC will use the questionnaires to Estimated Average Amount of Time agencies are codified in the Code of survey all persons who contacted OSC for a Person to Respond to survey: 5.3 Federal Regulations (CFR). Schedule A, for assistance during the relevant time minutes. B, and C appointing authorities period. Estimated Annual Survey Burden: 44 applicable to a single agency are not The survey questionnaires are hours. codified in the CFR, but the Office of available for review online at https:// Dated: January 29, 2021. Personnel Management (OPM) osc.gov/Resources/Pages/ Bruce Gipe, publishes a notice of agency-specific Reports.aspx#tabGroup07 or by calling authorities established or revoked each OSC at (202) 804–7000. Chief Operating Officer. [FR Doc. 2021–02350 Filed 2–3–21; 8:45 am] month in the Federal Register at Type of Information Collection www.gpo.gov/fdsys/. OPM also BILLING CODE 7405–01–P Request: The survey seeks to determine publishes an annual notice of the whether individuals seeking assistance consolidated listing of all Schedule A, were fully apprised of their rights; were B, and C appointing authorities, current successful either at OSC or the MSPB; as of June 30, in the Federal Register. and whether successful or not, were OFFICE OF PERSONNEL satisfied with the treatment they MANAGEMENT Schedule A received from OSC. Excepted Service No Schedule A Authorities to report Affected public: Individuals (or their during July 2020. representatives) who sought OSC AGENCY: Office of Personnel services through: (1) Submitting Management (OPM). Schedule B complaints alleging prohibited ACTION: Notice. No Schedule B Authorities to report personnel practices, USERRA during July 2020. violations, or Hatch Act violations; (2) SUMMARY: This notice identifies disclosures of information alleging Schedule A, B, and C appointing Schedule C violation of law, rule, or regulation, authorities applicable to a single agency The following Schedule C appointing gross mismanagement or waste of funds, that were established or revoked from authorities were approved during July abuse of authority, substantial and July 1, 2020 to July 31, 2020. 2020.
Authorization Agency name Organization name Position title No. Effective date
DEPARTMENT OF AGRI- Rural Housing Service ...... Special Assistant ...... DA200027 07/06/2020 CULTURE. Farm Service Agency ...... State Executive Director—Georgia DA200096 07/27/2020 DEPARTMENT OF COMMERCE .. Office of the Deputy Assistant Sec- Senior Advisor ...... DC200156 07/28/2020 retary for United States Field. Immediate Office of the Secretary Senior Advisor ...... DC200135 07/31/2020 Office of the International Trade Senior Advisor ...... DC200137 07/15/2020 Administration. Minority Business Development Senior Advisor ...... DC200155 07/20/2020 Agency. Office of the General Counsel ...... Senior Counsel ...... DC200128 07/23/2020 DEPARTMENT OF DEFENSE ...... Office of the Secretary ...... Advance Officer ...... DD200202 07/02/2020 Office of the Under Secretary of Director of Communications for DD200196 07/10/2020 Defense (Personnel and Readi- Personnel and Readiness. ness). Office of the Under Secretary of Special Assistant ...... DD200206 07/27/2020 Defense (Policy). DEPARTMENT OF THE ARMY ..... Office of the Assistant Secretary of Special Assistant(Strategy and Ac- DW200042 07/15/2020 the Army (Acquisition, Logistics quisition Reform). and Technology). DEPARTMENT OF THE NAVY ..... Office of the Under Secretary of Special Assistant ...... DN200032 07/02/2020 the Navy. DEPARTMENT OF EDUCATION.. Office of Communications and Confidential Assistant ...... DB200065 07/02/2020 Outreach. DEPARTMENT OF ENERGY ...... Office of the Assistant Secretary Legislative Affairs Assistant ...... DE200139 07/06/2020 for Congressional and Intergov- ernmental Affairs. Office of the General Counsel ...... Attorney-Advisor ...... DE200162 07/02/2020 Office of Public Affairs ...... Writer-Editor (Senior Speechwriter) DE200084 07/02/2020 Press Assistant ...... DE200140 07/31/2020 ENVIRONMENTAL PROTECTION Office of the Associate Adminis- Policy Advisor ...... EP200083 07/31/2020 AGENCY. trator for Policy.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8230 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Authorization Agency name Organization name Position title No. Effective date
Office of the Assistant Adminis- Public Liaison ...... EP200086 07/31/2020 trator for Chemical Safety and Pollution Prevention. GENERAL SERVICES ADMINIS- National Capital Region ...... Confidential Assistant ...... GS200041 07/27/2020 TRATION. DEPARTMENT OF HEALTH AND Office of Intergovernmental and Senior Advisor, Center for Faith- DH200136 07/19/2020 HUMAN SERVICES. External Affairs. Based and Neighborhood Part- nerships. Office of the Assistant Secretary Deputy Chief of Staff ...... DH200142 07/02/2020 for Health. Office of the Assistant Secretary Confidential Assistant ...... DH200151 07/27/2020 for Preparedness and Response. Special Assistant ...... DH200150 07/31/2020 Office of the Deputy Secretary ...... Deputy Chief of Staff ...... DH200091 07/19/2020 Office of the Secretary ...... Advance Representative ...... DH200134 07/02/2020 Special Assistant ...... DH200129 07/06/2020 DEPARTMENT OF HOMELAND Federal Emergency Management Director of Congressional and DM200319 07/27/2020 SECURITY. Agency. Intergovernmental Affairs. Office of Countering Weapons of Special Assistant ...... DM200307 07/22/2020 Mass Destruction. Office of the Assistant Secretary Senior Advisor ...... DM200334 07/28/2020 for Policy. Office of the Assistant Secretary Digital Director ...... DM200323 07/28/2020 for Public Affairs. United States Customs and Border Deputy Chief of Staff, Policy ...... DM200313 07/22/2020 Protection. United States Immigration and Senior Advisor ...... DM200320 07/20/2020 Customs Enforcement. DEPARTMENT OF HOUSING Office of the Chief Financial Officer Special Assistant ...... DU200126 07/10/2020 AND URBAN DEVELOPMENT. Senior Advisor ...... DU200117 07/16/2020 Office of the Secretary ...... Special Assistant ...... DU200116 07/16/2020 DEPARTMENT OF THE INTE- Secretary’s Immediate Office ...... Writer ...... DI200097 07/28/2020 RIOR. DEPARTMENT OF JUSTICE ...... Office of Justice Programs ...... Senior Advisor ...... DJ200107 07/02/2020 Office of the Deputy Attorney Gen- Senior Advisor ...... DJ200119 07/02/2020 eral. Executive Office for United States Secretary (Office Automation) ...... DJ200120 07/27/2020 Attorneys. DEPARTMENT OF LABOR ...... Employment and Training Adminis- Senior Policy Advisor ...... DL200096 07/02/2020 tration. Director of Special Projects ...... DL200109 07/08/2020 Deputy Chief of Staff ...... DL200125 07/30/2020 Office of Congressional and Inter- Legislative Assistant ...... DL200154 07/09/2020 governmental Affairs. Regional Representative ...... DL200153 07/27/2020 Office of the Secretary ...... Deputy Chief of Staff ...... DL200106 07/06/2020 Special Assistant for Scheduling ... DL200148 07/20/2020 Special Assistant ...... DL200156 07/20/2020 Senior Advisor ...... DL200130 07/27/2020 Veterans Employment and Train- Chief of Staff and Policy Advisor ... DL200127 07/30/2020 ing Service. Senior Advisor ...... DL200159 07/31/2020 NATIONAL TRANSPORTATION Office of Board Members ...... Special Assistant ...... TB200008 07/02/2020 SAFETY BOARD. OFFICE OF PERSONNEL MAN- Office of Communications ...... Public Affairs Specialist ...... PM200057 07/14/2020 AGEMENT. SMALL BUSINESS ADMINISTRA- Office of Communications and Press Assistant ...... SB200031 07/07/2020 TION. Public Liaison. Senior Advisor ...... SB200038 07/31/2020 Office of Congressional and Legis- Legislative Assistant ...... SB200033 07/06/2020 lative Affairs. Office of the General Counsel ...... Deputy General Counsel ...... SB200034 07/11/2020 DEPARTMENT OF STATE ...... Office of the Counselor ...... Senior Advisor ...... DS200055 07/21/2020 Office of the Secretary ...... Special Assistant (3) ...... DS200068 07/08/2020 DS200064 07/15/2020 DS200075 07/27/2020 Office of the Under Secretary for Senior Advisor ...... DS200086 07/27/2020 Civilian Security, Democracy, and Human Rights. DEPARTMENT OF TRANSPOR- Office of Small and Disadvantaged Special Assistant for Asian Amer- DT200124 07/27/2020 TATION. Business Utilization. ican Outreach. DEPARTMENT OF THE TREAS- Secretary of the Treasury ...... Special Assistant (2) ...... DY200108 07/02/2020 URY. DY200111 07/11/2020 DEPARTMENT OF VETERANS Office of the Assistant Secretary Special Assistant ...... DV200089 07/28/2020 AFFAIRS. for Congressional and Legisla- tive Affairs.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8231
The following Schedule C appointing authorities were revoked during July 2020.
Agency name Organization name Position title Request No. Date vacated
COMMODITY FUTURES TRAD- Office of the Chief Economist ...... Chief Economist ...... CT170011 07/03/2020 ING COMMISSION. DEPARTMENT OF COMMERCE .. Patent and Trademark Office ...... Special Advisor for Communica- DC190021 07/04/2020 tions. OFFICE OF THE SECRETARY OF Office of the Assistant Secretary of Senior Advisor ...... DD170147 07/04/2020 DEFENSE. Defense (Strategy, Plans, and Capabilities). Office of the Under Secretary of Special Assistant ...... DD190198 07/07/2020 Defense (Policy). Office of the Under Secretary of Special Assistant ...... DD190143 07/18/2020 Defense (Acquisition and Sustainment). Washington Headquarters Serv- Defense Fellow ...... DD180060 07/18/2020 ices. Office of the Under Secretary of Special Assistant ...... DD190183 07/31/2020 Defense (Comptroller). DEPARTMENT OF ENERGY ...... Office of the General Counsel ...... Attorney Advisor ...... DE190159 07/04/2020 Senior Oversight Advisor ...... DE190078 07/04/2020 Office of Public Affairs ...... Press Secretary ...... DE180131 07/04/2020 Writer-Editor (Speechwriter) ...... DE190034 07/04/2020 Director of Strategic Communica- DE170221 07/18/2020 tions and Messaging. Office of Science ...... Senior Advisor ...... DE190155 07/04/2020 DEPARTMENT OF HEALTH AND Office of the Secretary...... Special Assistant to the Deputy DH200040 07/03/2020 HUMAN SERVICES. Chief of Staff for Operations and Strategy. Office of Communications ...... Speechwriter ...... DH190232 07/04/2020 Office of the Assistant Secretary Advisor ...... DH190255 07/04/2020 for Health. DEPARTMENT OF JUSTICE ...... Office of Legal Policy ...... Senior Counsel ...... DJ200033 07/11/2020 Counsel ...... DJ190090 07/18/2020 Office of Justice Programs ...... Senior Advisor ...... DJ190201 07/31/2020 DEPARTMENT OF LABOR ...... Office of the Secretary ...... Special Assistant ...... DL200045 07/04/2020 DEPARTMENT OF THE INTE- Secretary’s Immediate Office ...... Deputy Press Secretary ...... DI190045 07/31/2020 RIOR. DEPARTMENT OF THE TREAS- Office of the Assistant Secretary Senior Counselor ...... DY190050 07/04/2020 URY. for Terrorist Financing. ENVIRONMENTAL PROTECTION Office of the Assistant Adminis- Director, American Indian Environ- EP190082 07/18/2020 AGENCY. trator for International and Tribal mental Office. Affairs. Office of the Administrator...... Special Advisor to the Deputy EP200028 07/31/2020 Chief of Staff for Operations. OFFICE OF MANAGEMENT AND Office of the Director ...... Special Assistant to the Director ... BO190010 07/10/2020 BUDGET. SMALL BUSINESS ADMINISTRA- Office of Field Operations ...... Director of Rural Affairs ...... SB190031 07/31/2020 TION.
Authority: 5 U.S.C. 3301 and 3302; E.O. SUMMARY: This notice identifies codified in the CFR, but the Office of 10577, 3 CFR, 1954–1958 Comp., p. 218. Schedule A, B, and C appointing Personnel Management (OPM) Office of Personnel Management. authorities applicable to a single agency publishes a notice of agency-specific that were established or revoked from Alexys Stanley, authorities established or revoked each June 1, 2020 to June 30, 2020. month in the Federal Register at Regulatory Affairs Analyst. FOR FURTHER INFORMATION CONTACT www.gpo.gov/fdsys/. OPM also [FR Doc. 2021–02259 Filed 2–3–21; 8:45 am] : Julia Alford, Senior Executive Resources publishes an annual notice of the BILLING CODE 6325–39–P Services, Senior Executive Services and consolidated listing of all Schedule A, Performance Management, Employee B, and C appointing authorities, current as of June 30, in the Federal Register. OFFICE OF PERSONNEL Services, 202–606–2246. MANAGEMENT SUPPLEMENTARY INFORMATION: In Schedule A accordance with 5 CFR 213.103, Excepted Service Schedule A, B, and C appointing No Schedule A Authorities to report authorities available for use by all during June 2020. AGENCY: Office of Personnel agencies are codified in the Code of Schedule B Management (OPM). Federal Regulations (CFR). Schedule A, ACTION: Notice. B, and C appointing authorities No Schedule B Authorities to report applicable to a single agency are not during June 2020.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8232 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Schedule C The following Schedule C appointing authorities were approved during June 2020.
Authorization Agency name Organization name Position title No. Effective date
DEPARTMENT OF AGRI- Rural Housing Service ...... State Director—Mississippi ...... DA200085 06/09/2020 CULTURE. Office of Communications...... Deputy Director of Communica- DA200087 06/17/2020 tions. Press Secretary ...... DA200082 06/23/2020 Office of the Assistant Secretary Director of Intergovernmental Af- DA200080 06/24/2020 for Congressional Relations. fairs. Senior Policy Advisor ...... DA200097 06/26/2020 Office of the Secretary ...... Legislative Correspondent ...... DA200095 06/26/2020 Office of the Under Secretary for Chief of Staff ...... DA200091 06/17/2020 Research, Education, and Eco- nomics. Office of the Under Secretary for Chief of Staff ...... DA200066 06/26/2020 Trade and Foreign Agricultural Affairs. Rural Development ...... Confidential Assistant ...... DA200074 06/10/2020 DEPARTMENT OF COMMERCE .. Bureau of the Census ...... Senior Advisor ...... DC200146 06/24/2020 National Telecommunications and Senior Advisor ...... DC200127 06/04/2020 Information Administration. Office of Federal Coordinator—Me- Confidential Assistant ...... DC200139 06/30/2020 teorology. Office of Public Affairs ...... Deputy Director of Public Affairs ... DC200131 06/30/2020 Office of White House Liaison ...... Confidential Assistant ...... DC200140 06/18/2020 DEPARTMENT OF DEFENSE ...... Office of the Secretary of Defense Speechwriter ...... DD200189 06/05/2020 DEPARTMENT OF THE AIR Office of the Assistant Secretary of Special Assistant ...... DF180033 06/26/2020 FORCE. the Air Force—Installations, En- vironment, and Energy. DEPARTMENT OF EDUCATION.. Office of Communications and Confidential Assistant ...... DB200060 06/02/2020 Outreach. Office of Postsecondary Education Confidential Assistant ...... DB200064 06/26/2020 Office of the General Counsel ...... Confidential Assistant (2) ...... DB200058 06/11/2020 DB200059 06/11/2020 DEPARTMENT OF ENERGY ...... National Nuclear Security Adminis- Senior Advisor ...... DE200082 06/16/2020 tration. Program Analyst ...... DE200091 06/16/2020 Office of General Counsel ...... Senior Advisor ...... DE200099 06/30/2020 Office of Management ...... Operations Assistant ...... DE200114 06/10/2020 Senior Advisor ...... DE200155 06/11/2020 Office of Strategic Planning and Policy Coordinator ...... DE200127 06/26/2020 Policy. Office of the Secretary of Energy Senior Advisor ...... DE200087 06/16/2020 Advisory Board. ENVIRONMENTAL PROTECTION Office of the Administrator ...... Senior Advisor for Strategic Initia- EP200073 06/18/2020 AGENCY. tives. EQUAL EMPLOYMENT OPPOR- Office of the Chair ...... Policy Analyst ...... EE200004 06/18/2020 TUNITY COMMISSION. EXPORT-IMPORT BANK ...... Office of Communications ...... Vice President of Communications EB200014 06/01/2020 GENERAL SERVICES ADMINIS- Office of the Administrator ...... Confidential Assistant ...... GS200037 06/30/2020 TRATION. DEPARTMENT OF HEALTH AND Centers for Disease Control and Senior Advisor ...... DH200118 06/02/2020 HUMAN SERVICES. Prevention. Senior Advisor for Communica- DH200119 06/02/2020 tions. Office of Communications ...... Senior Speechwriter ...... DH200083 06/26/2020 Office of Refugee Resettlement/Of- Senior Advisor ...... DH200124 06/18/2020 fice of the Director. Office of the Assistant Secretary Senior Advisor ...... DH200130 06/19/2020 for Financial Resources. Office of the Assistant Secretary Special Assistant ...... DH200122 06/11/2020 for Public Affairs. Office of the Secretary ...... Deputy Scheduler ...... DH200121 06/09/2020 Special Assistant ...... DH200137 06/26/2020 DEPARTMENT OF HOMELAND Cybersecurity and Infrastructure Special Assistant ...... DM200300 06/26/2020 SECURITY. Security Agency. Office of Countering Weapons of Senior Advisor ...... DM200292 06/16/2020 Mass Destruction. Office of the Assistant Secretary Confidential Assistant ...... DM200281 06/16/2020 for Policy. Special Assistant ...... DM200289 06/16/2020
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8233
Authorization Agency name Organization name Position title No. Effective date
Office of the Assistant Secretary Special Assistant ...... DM200255 06/01/2020 for Public Affairs. Speechwriter ...... DM200257 06/02/2020 Office of the Chief Information Offi- Special Assistant ...... DM200301 06/26/2020 cer. Office of the Chief of Staff ...... Senior Advisor ...... DM200288 06/11/2020 United States Customs and Border Policy Management and Program DM200286 06/11/2020 Protection. Analyst. Chief of Staff, Office of Policy and DM200285 06/23/2020 Planning. Deputy Press Secretary ...... DM200282 06/24/2020 DEPARTMENT OF HOUSING Office of the Administration ...... Senior Advisor ...... DU200079 06/15/2020 AND URBAN DEVELOPMENT. Office of Public Affairs ...... Special Assistant ...... DU200106 06/22/2020 Office of the Secretary ...... Special Assistant ...... DU200115 06/22/2020 DEPARTMENT OF JUSTICE ...... Community Oriented Policing Serv- Senior Advisor ...... DJ200122 06/02/2020 ices. Criminal Division ...... Chief of Staff and Counselor ...... DJ200118 06/15/2020 DEPARTMENT OF LABOR ...... Office of Employment and Training Special Assistant ...... DL200135 06/22/2020 Administration. Senior Policy Advisor ...... DL200137 06/30/2020 Office of the Occupational Safety Special Assistant ...... DL200151 06/30/2020 and Health Administration. Office of Public Affairs...... Senior Advisor for Policy and DL200103 06/19/2020 Media. Office of Public Liaison ...... Special Assistant ...... DL200119 06/04/2020 Office of the Assistant Secretary Special Assistant ...... DL200152 06/30/2020 for Policy. Office of the Secretary ...... Advance Lead ...... DL200141 06/03/2020 Director of Scheduling and Oper- DL200128 06/04/2020 ations. NATIONAL ENDOWMENT FOR National Endowment for the Hu- Supervisory Public Affairs Spe- NH200003 06/09/2020 THE HUMANITIES. manities. cialist. NATIONAL TRANSPORTATION Office of the Board Members ...... Confidential Assistant ...... TB200007 06/11/2020 SAFETY BOARD. OFFICE OF NATIONAL DRUG Office of the Director ...... Confidential Assistant ...... QQ200007 06/11/2020 CONTROL POLICY. OFFICE OF PERSONNEL MAN- Office of Congressional, Legisla- Senior Congressional Relations PM200052 06/15/2020 AGEMENT. tive, and Intergovernmental Af- Officer. PM200053 06/15/2020 fairs. Legislative Analyst (2) ...... PM200063 06/29/2020 Employee Services ...... Senior Advisor (3) ...... PM200061 06/11/2020 PM200062 06/29/2020 PM200064 06/29/2020 SMALL BUSINESS ADMINISTRA- Office of the General Counsel ...... Senior Counsel ...... SB200029 06/08/2020 TION. Office of Capital Access ...... Senior Advisor ...... SB200026 06/11/2020 DEPARTMENT OF STATE ...... Bureau of East Asian and Pacific Deputy Assistant Secretary ...... DS200067 06/18/2020 Affairs. Bureau of Educational and Cultural Special Assistant ...... DS200059 06/18/2020 Affairs. Bureau of Overseas Buildings Op- Senior Advisor ...... DS200080 06/23/2020 erations. Office of the Chief of Protocol ...... Protocol Officer (Visits) ...... DS200066 06/10/2020 Office of the Counselor ...... Staff Assistant ...... DS200070 06/10/2020 Office of the Secretary ...... Special Assistant ...... DS200077 06/18/2020 DEPARTMENT OF TRANSPOR- Office of Public Affairs ...... Senior Deputy Press Secretary ..... DT200114 06/05/2020 TATION. Office of the Executive Secretariat Special Assistant ...... DT200117 06/10/2020
The following Schedule C appointing authorities were revoked during June 2020.
Agency name Organization name Position title Request No. Date vacated
DEPARTMENT OF HOUSING Office of the General Counsel ...... Senior Counsel ...... DU190035 06/06/2020 AND URBAN DEVELOPMENT. DEPARTMENT OF STATE ...... Bureau of Public Affairs ...... Senior Advisor ...... DS190017 06/06/2020 NATIONAL ENDOWMENT FOR National Endowment for the Hu- Supervisory Public Affairs Spe- NH180005 06/06/2020 THE HUMANITIES. manities. cialist. OFFICE OF PERSONNEL MAN- Office of the Director ...... Clerk ...... PM200010 06/20/2020 AGEMENT.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8234 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Authority: 5 U.S.C. 3301 and 3302; E.O. that were established or revoked from authorities established or revoked each 10577, 3 CFR, 1954–1958 Comp., p. 218. November 1, 2020 to November 30, month in the Federal Register at Office of Personnel Management. 2020. www.gpo.gov/fdsys/. OPM also Alexys Stanley, publishes an annual notice of the FOR FURTHER INFORMATION CONTACT: Julia Regulatory Affairs Analyst. consolidated listing of all Schedule A, Alford, Senior Executive Resources [FR Doc. 2021–02258 Filed 2–3–21; 8:45 am] B, and C appointing authorities, current Services, Senior Executive Services and as of June 30, in the Federal Register. BILLING CODE 6325–39–P Performance Management, Employee Services, 202–606–2246. Schedule A OFFICE OF PERSONNEL SUPPLEMENTARY INFORMATION: In No Schedule A Authorities to report MANAGEMENT accordance with 5 CFR 213.103, during November 2020. Schedule A, B, and C appointing Schedule B Excepted Service authorities available for use by all AGENCY: Office of Personnel agencies are codified in the Code of No Schedule B Authorities to report Management (OPM). Federal Regulations (CFR). Schedule A, during November 2020. ACTION: Notice. B, and C appointing authorities Schedule C applicable to a single agency are not SUMMARY: This notice identifies codified in the CFR, but the Office of The following Schedule C appointing Schedule A, B, and C appointing Personnel Management (OPM) authorities were approved during authorities applicable to a single agency publishes a notice of agency-specific November 2020.
Authorization Agency name Organization name Position title No. Effective date
DEPARTMENT OF COMMERCE .. Office of Legislative and Intergov- Confidential Assistant ...... DC210013 11/20/2020 ernmental Affairs. DEPARTMENT OF DEFENSE ...... Office of the Under Secretary of Special Assistant ...... DD210019 11/20/2020 Defense (Policy). Office of the Assistant Secretary of Special Assistant ...... DD200268 11/24/2020 Defense (Legislative Affairs). DEPARTMENT OF EDUCATION.. Office of Communications and Special Assistant ...... DB210006 11/15/2020 Outreach. DEPARTMENT OF ENERGY ...... Office of the Assistant Secretary Legislative Affairs Advisor (2) ...... DE200137 11/20/2020 for Congressional and Intergov- Special Advisor ...... DE200147 11/20/2020 ernmental Affairs. DE200148 11/20/2020 Office of the Assistant Secretary Special Advisor ...... DE200134 11/20/2020 for Nuclear Energy. Office of Economic Impact and Di- Senior Advisor for Small Business DE210016 11/25/2020 versity. Office of Public Affairs ...... Copy Editor ...... DE200152 11/20/2020 Office of Technology Transition ..... Senior Advisor ...... DE200136 11/20/2020 GENERAL SERVICES ADMINIS- Office of the Administrator ...... Executive Assistant ...... GS210002 11/20/2020 TRATION. DEPARTMENT OF HEALTH AND Office of the Secretary ...... White House Liaison for Political DH210015 11/20/2020 HUMAN SERVICES. Personnel, Boards and Commis- sions. Office of the Commissioner ...... Advisor ...... DH210014 11/23/2020 DEPARTMENT OF HOMELAND United States Immigration and Senior Advisor ...... DM200397 11/03/2020 SECURITY. Customs Enforcement. Federal Emergency Management Senior Advisor ...... DM210042 11/20/2020 Agency. DEPARTMENT OF STATE ...... Bureau of Counterterrorism ...... Special Advisor ...... DS210015 11/09/2020
The were no Schedule C appointing OFFICE OF PERSONNEL Performance Management, Employee authorities revoked during November MANAGEMENT Services, 202–606–2246. 2020. Excepted Service SUPPLEMENTARY INFORMATION: In Authority: 5 U.S.C. 3301 and 3302; E.O. accordance with 5 CFR 213.103, 10577, 3 CFR, 1954–1958 Comp., p. 218. AGENCY: Office of Personnel Schedule A, B, and C appointing Office of Personnel Management. Management (OPM). authorities available for use by all Alexys Stanley, ACTION: Notice. agencies are codified in the Code of Federal Regulations (CFR). Schedule A, Regulatory Affairs Analyst. SUMMARY: This notice identifies B, and C appointing authorities [FR Doc. 2021–02254 Filed 2–3–21; 8:45 am] Schedule A, B, and C appointing applicable to a single agency are not BILLING CODE 6325–39–P authorities applicable to a single agency codified in the CFR, but the Office of that were established or revoked from Personnel Management (OPM) August 1, 2020 to August 31, 2020. publishes a notice of agency-specific FOR FURTHER INFORMATION CONTACT: Julia authorities established or revoked each Alford, Senior Executive Resources month in the Federal Register at Services, Senior Executive Services and www.gpo.gov/fdsys/. OPM also
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8235
publishes an annual notice of the Schedule A Schedule C consolidated listing of all Schedule A, No Schedule A Authorities to report The following Schedule C appointing B, and C appointing authorities, current during August 2020. as of June 30, in the Federal Register. authorities were approved during Schedule B August 2020. No Schedule B Authorities to report during August 2020.
Authorization Agency name Organization name Position title No. Effective date
DEPARTMENT OF AGRI- Agricultural Marketing Service ...... Chief of Staff ...... DA200081 08/22/2020 CULTURE. DEPARTMENT OF COMMERCE .. Bureau of Industry and Security .... Special Advisor ...... DC200104 08/12/2020 COMMISSION ON CIVIL RIGHTS Office of Staff Members ...... Special Assistant ...... CC200001 08/07/2020 Office of Commissioners ...... Special Assistant ...... CC200002 08/07/2020 DEPARTMENT OF DEFENSE ...... Office of the Assistant Secretary of Special Assistant ...... DD200222 08/31/2020 Defense (Legislative Affairs). Office of the Under Secretary of Special Assistant (2) ...... DD200218 08/06/2020 Defense (Acquisition and DD200231 08/25/2020 Sustainment). Office of the Under Secretary of Special Assistant ...... DD200245 08/25/2020 Defense (Policy). Washington Headquarters Serv- Defense Fellow (2) ...... DD200229 08/14/2020 ices. DD200228 08/20/2020 DEPARTMENT OF THE ARMY ..... Office Assistant Secretary Army Special Assistant(Civil Works) ...... DW200035 08/06/2020 (Civil Works). DEPARTMENT OF EDUCATION .. Office of the General Counsel ...... Deputy General Counsel ...... DB200069 08/14/2020 Office of Planning, Evaluation and Deputy Director, Office of Edu- DB200068 08/17/2020 Policy Development. cational Technology. DEPARTMENT OF ENERGY ...... Office of the Assistant Secretary Deputy Assistant Secretary for DE200112 08/06/2020 for Congressional and Intergov- Senate Affairs. DE200146 08/22/2020 ernmental Affairs. Associate Deputy Assistant Sec- retary for Intergovernmental and External Affairs. Office of the Assistant Secretary Program Manager ...... DE200179 08/07/2020 for Energy Efficiency and Re- newable Energy. Office of the Assistant Secretary Special Advisor ...... DE200150 08/07/2020 for International Affairs. Office of Cybersecurity, Energy Senior Advisor ...... DE200183 08/22/2020 Security and Emergency Re- sponse. Office of Management ...... Advance Lead ...... DE200133 08/06/2020 Office of the Secretary ...... Special Advisor ...... DE200108 08/07/2020 ENVIRONMENTAL PROTECTION Office of Public Affairs ...... Press Assistant ...... EP200089 08/22/2020 AGENCY. Office of the Assistant Adminis- Senior Advisor ...... EP200099 08/06/2020 trator for Air and Radiation. Office of the Assistant Adminis- Deputy Assistant Administrator for EP200085 08/06/2020 trator for Mission Support. the Office of Mission Support. Office of the Associate Adminis- Congressional Relations Specialist EP200080 08/22/2020 trator for Congressional and Intergovernmental Relations. Region VI—Dallas, Texas ...... Special Assistant ...... EP200094 08/22/2020 FEDERAL HOUSING FINANCE Office of the Director ...... Special Advisor ...... HA200004 08/13/2020 AGENCY. GENERAL SERVICES ADMINIS- Office of Congressional and Inter- Congressional Policy Analyst ...... GS200040 08/07/2020 TRATION. governmental Affairs. DEPARTMENT OF HEALTH AND Office of the Deputy Secretary ...... Special Assistant ...... DH200127 08/07/2020 HUMAN SERVICES. Office of Intergovernmental and External Affairs Specialist ...... DH200164 08/22/2020 External Affairs. Centers for Disease Control and Special Assistant ...... DH200173 08/31/2020 Prevention. DEPARTMENT OF HOMELAND Office of United States Citizenship Deputy Chief of Staff ...... DM200328 08/23/2020 SECURITY. and Immigration Services. DEPARTMENT OF HOUSING Office of Housing ...... Special Advisor ...... DU200147 08/22/2020 AND URBAN DEVELOPMENT. Office of the Secretary ...... Special Assistant ...... DU200149 08/25/2020 DEPARTMENT OF JUSTICE ...... Office of Civil Rights Division ...... Senior Counsel ...... DJ200135 08/07/2020 Office of Justice Programs ...... Special Assistant ...... DJ200150 08/26/2020 DEPARTMENT OF LABOR ...... Office of Congressional and Inter- Legislative Officer ...... DL200150 08/01/2020 governmental Affairs. Office of Employee Benefits Secu- Economist ...... DL200165 08/13/2020 rity Administration.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8236 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Authorization Agency name Organization name Position title No. Effective date
Bureau of International Labor Af- Senior Counselor ...... DL200168 08/17/2020 fairs. NATIONAL ENDOWMENT FOR National Endowment for the Hu- Congressional Affairs Specialist .... NH200005 08/13/2020 THE HUMANITIES. manities. Strategic Advisor ...... NH200004 08/17/2020 OFFICE OF MANAGEMENT AND Office of the General Counsel ...... Confidential Assistant ...... BO200045 08/28/2020 BUDGET. DEPARTMENT OF STATE ...... Bureau of Economic and Business General Counsel ...... DS200085 08/01/2020 Affairs. DEPARTMENT OF THE TREAS- Office of the Assistant Secretary Director, Public Affairs ...... DY200126 08/03/2020 URY. (Public Affairs). Secretary of the Treasury ...... Special Advisor ...... DY200124 08/26/2020
The following Schedule C appointing authorities were revoked during August 2020.
Agency name Organization name Position title Request No. Date vacated
DEPARTMENT OF JUSTICE ...... Office of Legislative Affairs ...... Confidential Assistant ...... DJ180153 08/15/2020
Authority: 5 U.S.C. 3301 and 3302; E.O. Performance Management, Employee Agriculture under 7 U.S.C. 1961, or the 10577, 3 CFR, 1954–1958 Comp., p. 218. Services, 202–606–2246. Small Business Administration under Office of Personnel Management. SUPPLEMENTARY INFORMATION: In 15 U.S.C. 636(b)(1) declares an area to Alexys Stanley, accordance with 5 CFR 213.103, be a disaster area, positions filled by Regulatory Affairs Analyst. Schedule A, B, and C appointing time-limited appointment of employees [FR Doc. 2021–02260 Filed 2–3–21; 8:45 am] authorities available for use by all to make and administer disaster loans in agencies are codified in the Code of BILLING CODE 6325–39–P the area under the Small Business Act, Federal Regulations (CFR). Schedule A, as amended. Service under this B, and C appointing authorities authority may not exceed 7 years. OFFICE OF PERSONNEL applicable to a single agency are not Exception to this time limit may only be MANAGEMENT codified in the CFR, but the Office of made with prior U.S. Office of Personnel Management (OPM) Personnel Management approval. No publishes a notice of agency-specific Excepted Service one may be appointed under this authorities established or revoked each authority to positions engaged in long- AGENCY: Office of Personnel month in the Federal Register at Management (OPM). www.gpo.gov/fdsys/. OPM also term maintenance of loan portfolios. ACTION: Notice. publishes an annual notice of the Schedule B consolidated listing of all Schedule A, SUMMARY: This notice identifies B, and C appointing authorities, current No Schedule B Authorities to report Schedule A, B, and C appointing as of June 30, in the Federal Register. during October 2020. authorities applicable to a single agency Schedule A Schedule C that were established or revoked from October 1, 2020 to October 31, 2020. 32. Small Business Administration (Sch The following Schedule C appointing FOR FURTHER INFORMATION CONTACT: Julia A, 213.3132) authorities were approved during Alford, Senior Executive Resources (a) When the President under 42 October 2020. Services, Senior Executive Services and U.S.C. 5170–5189, the Secretary of
Authorization Agency name Organization name Position title No. Effective date
DEPARTMENT OF AGRI- Office of the Secretary ...... Deputy White House Liaison ...... DA200154 10/20/2020 CULTURE. DEPARTMENT OF COMMERCE .. Minority Business Development Advisor ...... DC200151 10/29/2020 Agency. Office of Public Affairs ...... Deputy Speech Writer ...... DC210001 10/05/2020 Office of the Chief of Staff ...... Director, Center for Faith and Op- DC200129 10/13/2020 portunity Initiatives. DEPARTMENT OF DEFENSE ...... Office of the Secretary of Defense Deputy White House Liaison ...... DD210003 10/13/2020 DEPARTMENT OF THE ARMY ..... Office Deputy Under Secretary of Special Assistant ...... DW200046 10/13/2020 Army. DEPARTMENT OF EDUCATION .. Office of the General Counsel ...... Confidential Assistant ...... DB210001 10/09/2020 DEPARTMENT OF ENERGY ...... Office of the Assistant Secretary Deputy Chief of Staff ...... DE200204 10/05/2020 for Energy Efficiency and Re- newable Energy. Office of Management ...... Senior Advisor ...... DE200195 10/02/2020 Office of the Secretary ...... Deputy White House Liaison ...... DE210002 10/05/2020
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8237
Authorization Agency name Organization name Position title No. Effective date
ENVIRONMENTAL PROTECTION Office of Public Affairs ...... Deputy Associate Administrator for EP200109 10/17/2020 AGENCY. Policy. Office of the Administrator ...... Senior Advisor ...... EP200102 10/02/2020 White House Liaison ...... EP210001 10/02/2020 Office of the Assistant Adminis- Senior Advisor ...... EP200119 10/09/2020 trator for Mission Support. Office of the Associate Adminis- Assistant Deputy Associate Admin- EP200090 10/02/2020 trator for Congressional and istrator for Senate Affairs. Intergovernmental Relations. Office of the General Counsel ...... Special Advisor for the Office of EP200116 10/02/2020 General Counsel. DEPARTMENT OF HEALTH AND Office of Global Affairs ...... Chief of Staff ...... DH200186 10/16/2020 HUMAN SERVICES. Office of Refugee Resettlement/Of- Special Assistant ...... DH210003 10/17/2020 fice of the Director...... DH210004 10/17/2020 Confidential Assistant ...... Office of the Assistant Secretary Policy Advisor ...... DH200184 10/09/2020 for Health. Office of the Assistant Secretary Policy Advisor ...... DH200185 10/17/2020 for Legislation. DEPARTMENT OF HOMELAND Office of Management Directorate Communications Specialist ...... DM210009 10/13/2020 SECURITY. Office of Strategy, Policy, and Special Assistant ...... DM210014 10/19/2020 Plans. Office of the General Counsel ...... Oversight Counsel ...... DM190073 10/17/2020 United States Immigration and Press Assistant ...... DM210004 10/13/2020 Customs Enforcement. DEPARTMENT OF HOUSING Office of Congressional and Inter- Congressional Relations Specialist DU200133 10/29/2020 AND URBAN DEVELOPMENT. governmental Relations. Office of Public Affairs ...... Special Assistant ...... DU210009 10/29/2020 DEPARTMENT OF THE INTE- Office of the Assistant Secretary— Senior Advisor ...... DI200099 10/26/2020 RIOR. Policy, Management and Budget. Office of Congressional and Legis- Senior Advisor ...... DI200102 10/26/2020 lative Affairs. Secretary’s Immediate Office ...... White House Liaison ...... DI200122 10/05/2020 DEPARTMENT OF JUSTICE ...... Office of Justice Programs ...... Advisor for Research and Statistics DJ200157 10/09/2020 Office of the Attorney General ...... Advisor ...... DJ200171 10/20/2020 Deputy White House Liaison and DJ210002 10/20/2020 Advisor. DEPARTMENT OF LABOR ...... Office of Congressional and Inter- Senior Legislative Officer ...... DL200160 10/09/2020 governmental Affairs. Office of Wage and Hour Division Policy Advisor ...... DL200190 10/17/2020 NATIONAL AERONAUTICS AND Office of Communications ...... Communication Specialist ...... NN200040 10/01/2020 SPACE ADMINISTRATION. OFFICE OF MANAGEMENT AND Office of the Director ...... Special Assistant ...... BO200036 10/09/2020 BUDGET. Office of Health Division ...... Special Assistant ...... BO200046 10/09/2020 Natural Resource Programs ...... Confidential Assistant ...... BO210002 10/29/2020 SMALL BUSINESS ADMINISTRA- Office of Investment and Innova- Senior Advisor ...... SB210001 10/09/2020 TION. tion. Office of Field Operations ...... Senior Advisor ...... SB210002 10/17/2020 DEPARTMENT OF TRANSPOR- Office of Public Affairs ...... Press Secretary and Senior Public DT200133 10/07/2020 TATION. Affairs Advisor. Office of the Assistant Secretary Economic Advisor ...... DT200145 10/07/2020 for Research and Technology. DEPARTMENT OF THE TREAS- Secretary of the Treasury ...... Associate Director of Scheduling DY200123 10/09/2020 URY. and Advance. Office of the Under Secretary for Senior Advisor ...... DY200125 10/09/2020 International Affairs. DEPARTMENT OF VETERANS Office of Intergovernmental Affairs Special Assistant ...... DV200105 10/01/2020 AFFAIRS. Office of the Assistant Secretary Special Assistant ...... DV200097 10/17/2020 for Congressional and Legisla- tive Affairs.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00078 Fmt 4703 Sfmt 9990 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8238 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
There were no Schedule C appointing dealer, IEX Services LLC (‘‘IEXS’’).4 and physical distance and network authorities revoked during October Currently, users access IEX through the connectivity.10 The proposed 2020. Exchange-provided network interface at elimination of the coil delay on Authority: 5 U.S.C. 3301 and 3302; E.O. the IEX Point-of-Presence, or ‘‘POP,’’ outbound order execution messages and 5 10577, 3 CFR, 1954–1958 Comp., p. 218. located in Secaucus, New Jersey. proprietary market data will affect IEXS Electronic messages that users send in the same manner that it effects other Office of Personnel Management. inbound to the IEX system, and order Exchange users, thus ensuring that the Alexys Stanley, execution messages and IEX proprietary Exchange’s affiliated routing broker- Regulatory Affairs Analyst. market data sent outbound to users, dealer is similarly situated and not [FR Doc. 2021–02253 Filed 2–3–21; 8:45 am] traverse the IEX coil, which is a box competitively advantaged vis-a`-vis any BILLING CODE 6325–39–P containing approximately 38 miles of non-affiliated routing broker-dealer.11 compactly coiled optical fiber cable, and The Exchange also proposed to make travel an additional geographic and several non-substantive clarifying physical distance between the POP and changes to add further detail to Rule SECURITIES AND EXCHANGE the IEX system located at the Exchange’s 11.510 to: (i) Define the term ‘‘POP’’; 12 COMMISSION primary data center in Weehawken, (ii) reference the 350 microsecond New Jersey.6 The time required for such latency on inbound communications [Release No. 34–91016; File No. SR–IEX– communications to traverse the coil from the POP to the IEX system and 2020–18] combined with the geographic and from the system routing logic to the order book separately from the proposed Self-Regulatory Organizations; physical distance (and related networking) currently equates to an 37 microsecond latency on outbound Investors Exchange, LLC; Order equivalent 350 microseconds of communications from the system to the Granting Approval of Proposed Rule latency.7 IEXS is a member of the Change To Amend IEX Rule 11.510 To Exchange and its associated routing 10 See proposed Rule 11.510(a); see also Notice, Reduce the Outbound Latency That logic currently is subject to the same supra note 3, at 81984. Specifically, the Exchange Presently Applies to All Messages Sent proposed to amend Rule 11.510(a) to state that 350 microseconds of latency as other From IEX Back to Users of the outbound communications from the IEX system to members when sending order messages Exchange the POP will not traverse the physical distance to the IEX order book and when provided by coiled optical fiber and instead will be subject to an equivalent 37 microseconds of latency January 29, 2021. receiving order execution messages and 8 due to traversing the geographic distribution and IEX proprietary market data. As a network connectivity between the system at the I. Introduction result, IEXS has no speed or primary data center and the network access point On December 9, 2020, the Investors informational advantage compared to of the POP. See proposed Rule 11.510(a). Relatedly, Exchange LLC (‘‘Exchange’’) filed with other Exchange members and data the Exchange proposed to amend Rule 11.510(b)(2) 9 to state that, for outbound communications the Securities and Exchange recipients. (including, without limitation, execution report Commission (‘‘SEC’’ or ‘‘Commission’’), IEX’s proposed elimination of the coil messages found in the Exchange’s FIX pursuant to Section 19(b)(1) of the delay on outbound order execution Specification, quote and trade update messages messages and proprietary market data found in the Exchange’s TOPS and DEEP Securities Exchange Act of 1934 specifications, and DROP messages), the Exchange’s (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a will reduce the latency on outbound connectivity infrastructure is designed to provide proposed rule change to amend IEX communications to 37 microseconds, an equivalent 37 microseconds of latency from the Rule (‘‘Rule’’) 11.510 to reduce the which latency will be due to geographic system at the primary data center to the Exchange- provided network interface at the POP. See outbound latency that presently applies proposed Rule 11.510(b)(2). 4 See proposed Rule 11.510; Notice, supra note 3, to all messages sent from IEX to users 11 at 81982. The Exchange did not propose any See Notice; supra note 3, at 81986. Specifically, of the Exchange, as well as to make changes to the coil delay that applies to inbound the Exchange proposed to amend Rule 11.510(c)(1) conforming changes to the outbound order messages, including order cancellations and to state that all outbound communications modifications, from users at the POP to the IEX (including, without limitation, execution report latency that applies to all trading messages found in the Exchange’s FIX specification) messages sent from the IEX order book system and from the system routing logic to the order book. See proposed Rule 11.510; Notice, from the order book to the system routing logic are to the system routing logic with respect supra note 3, at 81984. The Exchange does not subject to 37 microseconds of latency, which is in to routable orders. The proposed rule apply a coil delay to its communications with the addition to the 37 microsecond latency on outbound communications from the IEX system to change was published for comment in Securities Information Processors (‘‘SIP(s)’’) or away trading centers, and those aspects of the Exchange the POP described in proposed Rule 11.510(b)(2). the Federal Register on December 17, likewise are not changing under the proposal. See See proposed Rule 11.510(c)(1); see also proposed 3 2020. The Commission received no Notice, supra note 3, at 81983. Supp. .03 (stating that all responses from the IEX order book to the system routing logic are subject comment letters on the proposed rule 5 See Notice, supra note 3, at 81983. to 37 microseconds of latency and all messages 6 change. This order approves the Id. from the system routing logic to users are subject proposed rule change. 7 Id. to an additional 37 microseconds of outbound 8 Id. If a user sends a routable order to the latency). Users connected to IEX at the POP II. Description of the Proposal Exchange, after traversing the inbound latency therefore would experience a cumulative delay of (including the coil) from the POP to the IEX system, 74 microseconds on outbound messages from the The Exchange proposed to amend the order is directed to the system routing logic. Id. IEX system regarding their routable orders. See Rule 11.510 to eliminate the ‘‘coil’’ The current 350 microsecond latency on order proposed Rule 11.510(c)(1); see also proposed delay that is currently applied to messages between the IEX routing logic and order Supp. .03. Users would continue to experience a outbound order execution messages and book is implicated when the routing logic has cumulative latency of 700 microseconds on determined to route to the IEX order book all or part inbound routable order messages. See proposed IEX proprietary market data sent to IEX of the routable order submitted by the user, and is Rule 11.510(c)(1); proposed Supp. .03; Notice, users and the IEX system routing logic in addition to the 350 microsecond latency between supra note 3, at 81984. In addition, the Exchange used by IEX’s affiliated routing broker- the POP and the IEX system. Id. As a result, proposed to amend Rule 11.510(c)(2)(A) to specify currently, users connected at the POP experience a that the IEX routing logic may only receive cumulative, one-way latency of 700 microseconds Exchange data products subject to 37 microseconds 1 15 U.S.C. 78s(b)(1). on routable order messages to and from the IEX of latency, equivalent to the outbound latency 2 17 CFR 240.19b–4. system. Id. at 81983–84; see also Rule 11.230(b), applicable to all other data product recipients that 3 See Securities Exchange Act Release No. 90645 11.510(c)(1), and proposed Supplementary Material is described in proposed Rule 11.510(b)(2). See (December 11, 2020), 85 FR 81982 (December 17, (‘‘Supp.’’) .03 to Rule 11.510. proposed Rule 11.510(c)(2)(A). 2020) (‘‘Notice’’). 9 See Notice, supra note 3, at 81983. 12 See proposed Rule 11.510(a).
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8239
POP and from the order book to the that could reduce their ability to access messages and proprietary market data. system routing logic; 13 (iii) further liquidity on other markets after trading As a result, IEXS will have no describe, without alteration, how the on IEX.21 Since 2016, however, various informational or time advantage—or Exchange handles incoming routable technological developments, including resulting competitive advantage—over orders, and specify that the 350 the widespread availability of improved any other IEX member.26 Also, due to microseconds of latency on inbound smart order routing techniques that take the equivalent reduction in the latency communications from the routing logic into account transmission latency in attendant to both outbound execution to the order book is in addition to the coordinating simultaneous order arrival messages and IEX proprietary market inbound latency on communications and execution times across multiple data, parties to an execution on IEX will from the POP to the system; 14 (iv) refine trading venues, have greatly reduced the not receive information regarding the references to ‘‘POP’’ throughout the rule potential for information leakage when execution prior to other market such that they refer to connectivity at sweeping the market, thus mitigating participants, and thus will have no the POP or the connectivity the utility of IEX’s outbound coil delay informational or time advantage—or infrastructure between the system and to IEX users.22 In addition, SIP latencies resulting competitive advantage—over the POP, as appropriate; 15 (v) add have decreased materially since 2016, members who receive IEX proprietary explanatory cross references to effectively nullifying the purpose of the data but are not parties to the execution. provisions within the rule; 16 and (vi) coil delay on IEX proprietary data since For these reasons, the Commission make non-substantive grammatical market participants currently can believes that the proposal is not revisions.17 receive SIP data faster than IEX designed to permit unfair proprietary data.23 discrimination, consistent with Section III. Discussion and Commission Against this backdrop, the Exchange 6(b)(5) of the Act, and would not impose Findings asserts that the considerations that any inappropriate or unnecessary After careful review, the Commission existed in 2016 for imposing the coil burden on competition, consistent with finds that the proposed rule change is delay on its outbound order execution Section 6(b)(8) of the Act. consistent with the requirements of the messages and proprietary data have In addition, permitting the Exchange Act and the rules and regulations been superseded by developments in to modernize its infrastructure in a way thereunder applicable to a national the market and are now outweighed by that will better enable its members to securities exchange.18 In particular, the the benefits that would be provided by manage risk and market exposure Commission finds that the proposed the proposal—in particular, without inhibiting their ability to rule change is consistent with Section enhancement of members’ ability to capture liquidity when routing orders to 6(b)(5) of the Act,19 which requires, manage risk and market exposure multiple market venues is consistent among other things, that the rules of a through receipt of execution messages with the Section 6(b)(5) goals of national securities exchange be and IEX market data closer in time to promoting just and equitable principles designed to prevent fraudulent and when executions or quote changes of trade, removing impediments to and manipulative acts and practices, to occur.24 The Exchange also states that perfecting the mechanism of a free and promote just and equitable principles of the proposal would enable other open market and a national market trade, to remove impediments to and exchanges to update their pegged orders system, and protecting investors and the perfect the mechanism of a free and faster, and enable other exchanges’ public interest. These goals also will be open market and a national market affiliated routing brokers to more furthered by the proposal to the extent system, and, in general, to protect quickly incorporate executions on IEX that other exchanges are better able to investors and the public interest, and into their routing decisions.25 manage their own resting orders and not be designed to permit unfair Importantly, IEXS (the Exchange’s routing processes through faster receipt discrimination between customers, affiliated routing broker) and all other of order messages and proprietary data issuers, brokers or dealers; and with IEX members will remain on equal from IEX. This potential effect on other Section 6(b)(8) of the Act,20 which footing in that they will experience the exchanges, coupled with the fact that no requires that the rules of a national same 37 microseconds of latency on other exchange currently imposes an securities exchange not impose any their receipt of IEX order execution artificial delay on outbound order burden on competition that is not execution messages or proprietary necessary or appropriate. 21 See Notice, supra note 3, at 81983–84. By market data,27 also support the IEX’s coil delay on outbound order contrast, the inbound coil delay, which is not conclusion that the proposal will not affected by this proposal, is designed to enable IEX execution messages and proprietary to more effectively manage and price orders resting impose any inappropriate or market data, which has been in place on its book when the market moves. Id. at 81983. unnecessary burden on competition, since IEX became a registered national 22 Id. at 81983–86; see also Securities Exchange securities exchange in 2016, was Act Release No. 89686 (August 26, 2020), 85 FR 26 IEX will sequence the necessary systems designed to help IEX members avoid 54438, 54441 (September 1, 2020). changes to implement this proposed rule change in 23 See Notice, supra note 3, at 81984 and n.25 two steps, the first occurring for IEX users and the potential information leakage in (noting that, at the time of IEX’s exchange launch second for IEXS, thus ensuring that IEX’s system connection with an execution on IEX in September 2016 the average latencies for quote routing logic is not preferenced over other users messages was 470 microseconds for the CQ Plan during implementation. Id. at 81985. After step one 13 See proposed Rule 11.510(a) and 11.510(c)(1). and 762 microseconds for the UTP Plan, and for and before step two, while all outbound trade messages was 320 microseconds for the CTA 14 See proposed Rule 11.510(c)(1). communications from the order book to the routing Plan and 619.7 microseconds for the UTP Plan); see logic would continue to be subject to an equivalent 15 See proposed Rule 11.510. also www.utpplan.com (stating that current median 350 microseconds of latency, outgoing messages 16 See proposed Rule 11.510(b), 11.510(c)(3)(A), latency is approximately 13.0–14.2 microseconds); (i.e., responses) from the routing logic to users (with and Supp. .02. www.ctaplan.com (stating that current median respect to routable orders sent to IEX) would be 17 See proposed Rule 11.510. latency is under 17 microseconds for quotes and subject to the proposed reduced outbound latency 18 In approving this proposed rule change, the under 18 microseconds for trades); and compare of 37 microseconds. Id. at 81985 n.29. During this Commission has considered the proposed rule’s current Rule 11.150(b)(2) (stating that the POP is intervening period IEXS also would be able to impact on efficiency, competition, and capital currently designed to provide 350 microseconds of receive IEX proprietary market data subject to the formation. See 15 U.S.C. 78c(f). latency on IEX proprietary market data). same 37 microseconds of latency as other members 19 15 U.S.C. 78f(b)(5). 24 See Notice, supra note 3, at 81984–86. and data recipients. Id. 20 15 U.S.C. 78f(b)(8). 25 Id. at 81986. 27 Id. at 81986.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8240 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
consistent with Section 6(b)(8) of the to defer the billing of initial listing fees identified after the IPO. However, Act. payable by Acquisition Companies. The unlike other types of listed companies Finally, the Commission believes that text of the. The proposed rule change is that have pre-existing operations or that the Exchange’s proposed clarifying available on the Exchange’s website at fund their operations by proceeds raised changes to Rule 11.510 add helpful www.nyse.com, at the principal office of from the IPO, following the IPO, an detail that will further enhance the Exchange, and at the Commission’s Acquisition Company funds a trust investors’ understanding of how IEX Public Reference Room. account with an amount typically equal operates in a manner consistent with the II. Self-Regulatory Organization’s to 100% of the gross proceeds of the Act, thereby helping to protect investors 5 Statement of the Purpose of, and IPO. As such, operating expenses are and the public interest consistent with Statutory Basis for, the Proposed Rule typically borne by the Acquisition Section 6(b)(5) of the Act. Change Company’s sponsor, particularly during IV. Conclusion the initial post-IPO period. The In its filing with the Commission, the Acquisition Company’s sponsor is the It is therefore ordered, pursuant to self-regulatory organization included entity or management team that forms Section 19(b)(2) of the Act,28 that the statements concerning the purpose of, the Acquisition Company and, typically, proposed rule change (SR–IEX–2020– and basis for, the proposed rule change runs the operations of the Acquisition 18) be and hereby is approved. and discussed any comments it received Company until an appropriate target For the Commission, by the Division of on the proposed rule change. The text company is identified and the business Trading and Markets, pursuant to delegated of those statements may be examined at combination is consummated. The authority.29 the places specified in Item IV below. funds in the trust account are typically J. Matthew DeLesDernier, The Exchange has prepared summaries, invested in short-term U.S. government Assistant Secretary. set forth in sections A, B, and C below, securities or held as cash, earning of the most significant parts of such interest over time. Thus, the unique [FR Doc. 2021–02266 Filed 2–3–21; 8:45 am] statements. BILLING CODE 8011–01–P structure of an Acquisition Company A. Self-Regulatory Organization’s results in the sponsor’s extreme fee Statement of the Purpose of, and the sensitivity, particularly during the SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule initial post-IPO period before any COMMISSION Change substantial amount of interest is earned from the trust account. The Exchange [Release No. 34–91012; File No. SR–NYSE– 1. Purpose 2021–06] believes that the market practice of Section 102.06 sets forth listing depositing 100% of the gross proceeds Self-Regulatory Organizations; New requirements applicable to any of the IPO in a trust account (rather than York Stock Exchange LLC; Notice of company with a business plan is to the minimum of 90% required by Filing and Immediate Effectiveness of complete an initial public offering and Section 102.06) benefits shareholders Proposed Rule Change Amending engage in a merger or acquisition with and is consistent with investor Sections 902.02 and 902.11 of the one or more unidentified companies protection because it assures that NYSE Listed Company Manual To within a specific period (‘‘Acquisition shareholders choosing to exercise their Defer the Billing of Initial Listing Fees Company’’). Section 902.11 provides right to redeem shares for a pro rata Payable by Acquisition Companies that an Acquisition Company is subject share of the trust account will receive to a flat initial listing fee of $85,000 at the full IPO price paid, rather than a January 29, 2021. the time of initial listing. Based on lesser amount guaranteed by Exchange Pursuant to Section 19(b)(1) 1 of the experience listing these companies, the rules. Accordingly, to encourage this Securities Exchange Act of 1934 Exchange proposes to defer the billing market practice the Exchange believes it (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 and payment of initial listing fees until is appropriate to defer the payment of notice is hereby given that, on January one year from the date of an Acquisition the initial listing fee owed by an 21, 2021, the New York Stock Exchange Company’s initial listing on the Acquisition Company listed on the LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with Exchange. For the avoidance of doubt, Exchange until the first anniversary of the Securities and Exchange such fee is owed to the Exchange at the the date of listing. The initial listing fee Commission (‘‘Commission’’) the time of initial listing based on the fee paid at that time would be based on the proposed rule change as described in schedule in effect on the date of listing fee schedule in effect at the time of Items I, II, and III below, which Items but will be billed by the Exchange and initial listing. have been prepared by the self- become payable on the first anniversary The Exchange believes that the regulatory organization. The of the date of listing. The Exchange proposed fee deferral would provide an Commission is publishing this notice to notes that the Nasdaq Stock Market incentive to sponsors to list Acquisition solicit comments on the proposed rule (‘‘Nasdaq’’) is the Exchange’s primary Companies on the Exchange. The change from interested persons. competitor in the market for the listing Exchange also believes it is reasonable of Acquisition Companies and that to balance its need to remain I. Self-Regulatory Organization’s Nasdaq has a deferral provision Statement of the Terms of Substance of competitive with other listing venues, comparable to the deferral the Exchange while at the same time ensuring the Proposed Rule Change proposes.4 The Exchange proposes to amend Acquisition Companies are formed to 5 Section 102.06 of the Manual provides that an Sections 902.02 and 902.11 of the NYSE raise capital in an initial public offering Acquisition Company could pay operating and Listed Company Manual (the ‘‘Manual’’) (‘‘IPO’’) with the purpose of using the other expenses, subject to a limitation that 90% of proceeds to acquire one or more the gross proceeds of the company’s offering must be retained in the trust account. However, the 28 15 U.S.C. 78s(b)(2). unspecified businesses or assets to be Exchange understands that marketplace demands 29 17 CFR 200.30–3(a)(12). typically dictate that 100% of the gross proceeds 1 15 U.S.C. 78s(b)(1). 4 See Securities Exchange Act Release No. 89403 from the IPO be kept in the trust account and that 2 15 U.S.C. 78a. (July 31, 2020 [sic]), 85 FR 46198 (July 31, 2008 only interest earned on that account be used to pay 3 17 CFR 240.19b–4. [sic]) (SR–NASDAQ–2020–038). taxes and a limited amount of operating expenses.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8241
adequate revenue to meet is regulatory earned from the trust account. Unlike The Exchange believes that the responsibilities. The Exchange notes other companies, which have pre- potential impact on revenue from the that the fee deferral will not cause any existing operations and immediate initial listing fee deferral, as proposed, reduction to the Exchange’s revenue and access to the IPO proceeds, Acquisition will not hinder its ability to fulfill its no other company will be required to Companies are unique because at least regulatory responsibilities. pay higher fees as a result of the 90%, and typically 100%, of the IPO proposed amendments and represents proceeds are held in trust for the B. Self-Regulatory Organization’s that the proposed fee deferral will have shareholders and are not available to Statement on Burden on Competition no impact on the resources available for fund the Acquisition Company’s The Exchange does not believe that its regulatory programs. operations. Acquisition Companies also the proposed rule change will result in The Exchange proposes to amend do not have any prior operations that any burden on competition that is not Section 902.02 to make it clear that the generate cash that could be used to fund necessary or appropriate in furtherance statement in that section that initial their operations. The Exchange also of the purposes of the Act, as amended. listing fees are payable at the time of believes that the proposed fee deferral is The market for listing services is listing will not be applicable to reasonable in that it will create a extremely competitive and listed Acquisition Companies. commercial incentive for sponsors to companies may freely choose alternative list Acquisition Companies on the 2. Statutory Basis venues based on the aggregate fees Exchange. The Exchange competes for The Exchange believes that the listings, in part, by the level of its listing assessed, and the value provided by proposed rule change is consistent with fees. As Nasdaq has previously adopted each listing. This rule proposal does not Section 6(b) of the Act,6 in general, and a one year deferral of its entry fees for burden competition with other listing furthers the objectives of Section Acquisition Companies, it is reasonable venues, which are similarly free to set 6(b)(4) 7 of the Act, in particular, in that for the Exchange to adopt a comparable their fees. The Exchange notes that it is designed to provide for the deferral to enable it to remain Nasdaq is its primary competitor for the equitable allocation of reasonable dues, competitive in the market for the listing listing of Acquisition Companies and fees, and other charges. The Exchange of Acquisition Companies. that Nasdaq has already adopted a also believes that the proposed rule The Exchange also notes that no other deferral of its listing fees comparable to change is consistent with Section 6(b)(5) company will be required to pay higher the one the Exchange is proposing. For of the Act,8 in that it is designed to fees as a result of the proposed these reasons, the Exchange does not promote just and equitable principles of amendments. Therefore, the Exchange believe that the proposed rule change trade, to foster cooperation and believes that allowing an Acquisition will result in any burden on coordination with persons engaged in Company to pay initial listing fees on a competition for listings. regulating, clearing, settling, processing deferred basis is reasonable and not C. Self-Regulatory Organization’s information with respect to, and inequitable or unfairly discriminatory. Statement on Comments on the facilitating transactions in securities, to Finally, the Exchange believes that Proposed Rule Change Received From remove impediments to and perfect the the proposal to defer such fees is Members, Participants, or Others mechanism of a free and open market consistent with the investor protection and a national market system, and, in objectives of Section 6(b)(5) of the Act No written comments were solicited general, to protect investors and the in that they are designed to promote just or received with respect to the proposed public interest and is not designed to and equitable principles of trade, to rule change. permit unfair discrimination between remove impediments to a free and open customers, issuers, brokers, or dealers. market and national market system, and III. Date of Effectiveness of the As a preliminary matter, the Exchange in general to protect investors and the Proposed Rule Change and Timing for competes for listings with other national public interest. Specifically, the amount Commission Action securities exchanges and companies can of revenue deferred by allowing Acquisition Companies to pay initial The foregoing rule change is effective easily choose to list on, or transfer to, upon filing pursuant to Section those alternative venues. As a result, the listing fees one year from the date of 19(b)(3)(A) 9 of the Act and fees the Exchange can charge listed listing is not substantial, and the fee subparagraph (f)(2) of Rule 19b–4 10 companies are constrained by the fees deferral may result in more Acquisition thereunder, because it establishes a due, charged by its competitors and the Companies listing on the Exchange, fee, or other charge imposed by the Exchange cannot charge prices in a thereby increasing the resources Exchange. manner that would be unreasonable, available for the Exchange’s listing inequitable, or unfairly discriminatory. compliance program, which helps At any time within 60 days of the The Exchange believes that the assure that listing standards are filing of such proposed rule change, the proposed rule change to defer the initial properly enforced and investors are Commission summarily may listing fees charged to Acquisition protected. In addition, the Exchange temporarily suspend such rule change if Companies as set forth in Section 902.11 believes that the market practice of it appears to the Commission that such for one year from the date of listing is depositing 100% of the gross proceeds action is necessary or appropriate in the reasonable and not unfairly of the IPO in a trust account for the public interest, for the protection of discriminatory because it recognizes the benefit of shareholders (rather than the investors, or otherwise in furtherance of unique structure of Acquisition required 90%) benefits those the purposes of the Act. If the Companies that results in a sponsor’s shareholders and is consistent with the Commission takes such action, the extreme fee sensitivity, particularly investor protection goals of the Act Commission shall institute proceedings during the initial post-IPO period before because it helps assure that under Section 19(b)(2)(B) 11 of the Act to any substantial amount of interest is shareholders exercising their right to determine whether the proposed rule redeem their shares for a pro rata share 6 15 U.S.C. 78f(b). of the trust account will receive the full 9 15 U.S.C. 78s(b)(3)(A). 7 15 U.S.C. 78f(b)(4). IPO price paid, rather than a lesser 10 17 CFR 240.19b–4(f)(2). 8 15 U.S.C. 78f(b)(5). amount guaranteed by NYSE rules. 11 15 U.S.C. 78s(b)(2)(B).
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8242 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
change should be approved or For the Commission, by the Division of American Independence Funds Trust disapproved. Trading and Markets, pursuant to delegated [File No. 811–21757] authority.12 IV. Solicitation of Comments J. Matthew DeLesDernier, Summary: Applicant seeks an order Assistant Secretary. declaring that it has ceased to be an Interested persons are invited to investment company. On December 7, submit written data, views, and [FR Doc. 2021–02265 Filed 2–3–21; 8:45 am] 2018, applicant made a liquidating arguments concerning the foregoing, BILLING CODE 8011–01–P distribution to its shareholders based on including whether the proposed rule net asset value. Expenses of $357,000 change is consistent with the Act. SECURITIES AND EXCHANGE incurred in connection with the Comments may be submitted by any of COMMISSION liquidation were paid by the applicant. the following methods: Filing Dates: The application was Electronic Comments filed on February 6, 2020, and amended [Investment Company Act Release No. on October 14, 2020, and Deember 29, 34183] • Use the Commission’s internet 2020. comment form (http://www.sec.gov/ Notice of Applications for Applicant’s Address: tlesc@ rules/sro.shtml); or Deregistration Under Section 8(f) of the csacompliance.com. • Send an email to rule-comments@ Investment Company Act of 1940 Boston Income Portfolio [811–10391] sec.gov. Please include File Number SR– January 29, 2021. NYSE–2021–06 on the subject line. Summary: Applicant seeks an order The following is a notice of declaring that it has ceased to be an Paper Comments applications for deregistration under investment company. On June 12, 2020, section 8(f) of the Investment Company • applicant made a liquidating Send paper comments in triplicate Act of 1940 for the month of January distribution to its shareholders based on to Secretary, Securities and Exchange 2021. A copy of each application may be net asset value. No expenses were Commission, 100 F Street NE, obtained via the Commission’s website incurred in connection with the Washington, DC 20549–1090. by searching for the file number, or for liquidation. All submissions should refer to File an applicant using the Company name Filing Date: The application was filed Number SR–NYSE–2021–06. This file box, at http://www.sec.gov/search/ on December 16, 2020. number should be included on the search.htm or by calling (202) 551– Applicant’s Address: jbeksha@ subject line if email is used. To help the 8090. An order granting each eatonvance.com. Commission process and review your application will be issued unless the SEC orders a hearing. Interested persons Equinox Funds Trust [File No. 811– comments more efficiently, please use 22447] only one method. The Commission will may request a hearing on any post all comments on the Commission’s application by emailing the SEC’s Summary: Applicant seeks an order internet website (http://www.sec.gov/ Secretary at [email protected] declaring that it has ceased to be an rules/sro.shtml). Copies of the and serving the relevant applicant with investment company. The applicant has submission, all subsequent a copy of the request by email, if an transferred its assets to Campbell amendments, all written statements email address is listed for the relevant Systematic Macro Fund, a series of the with respect to the proposed rule applicant below, or personally or by RBB Fund, Inc., and on May 29, 2020 change that are filed with the mail, if a physical address is listed for made a final distribution to its Commission, and all written the relevant applicant below. Hearing shareholders based on net asset value. communications relating to the requests should be received by the SEC Expenses of $201,870.29 incurred in proposed rule change between the by 5:30 p.m. on February 23, 2021, and connection with the reorganization were Commission and any person, other than should be accompanied by proof of paid by the acquiring fund’s investment those that may be withheld from the service on applicants, in the form of an adviser, and/or its affiliates. public in accordance with the affidavit or, for lawyers, a certificate of Filing Dates: The application was provisions of 5 U.S.C. 552, will be service. Pursuant to Rule 0–5 under the filed on August 11, 2020, and amended available for website viewing and Act, hearing requests should state the on November 10, 2020. printing in the Commission’s Public nature of the writer’s interest, any facts Applicant’s Address: John.Ford@ Reference Room, 100 F Street NE, bearing upon the desirability of a Troutman.com. Washington, DC 20549, on official hearing on the matter, the reason for the Holland Series Fund, Inc. [File No. 811– business days between the hours of request, and the issues contested. 09060] 10:00 a.m. and 3:00 p.m. Copies of the Persons who wish to be notified of a filing also will be available for hearing may request notification by Summary: Applicant seeks an order inspection and copying at the principal writing to the Commission’s Secretary at declaring that it has ceased to be an office of the Exchange. All comments [email protected]. investment company. On December 2, received will be posted without change. ADDRESSES: The Commission: 2020, applicant made a liquidating Persons submitting comments are [email protected]. distribution to its shareholders based on cautioned that we do not redact or edit FOR FURTHER INFORMATION CONTACT: net asset value. Expenses of personal identifying information from Shawn Davis, Assistant Director, at approximately $26,000 incurred in comment submissions. You should (202) 551–6413 or Chief Counsel’s connection with the liquidation were submit only information that you wish Office at (202) 551–6821; SEC, Division paid by the applicant’s investment to make available publicly. All of Investment Management, Chief advisor. submissions should refer to File Counsel’s Office, 100 F Street NE, Filing Date: The application was filed Number SR–NYSE–2021–06 and should Washington, DC 20549–8010. on December 16, 2020. be submitted on or before February 25, Applicant’s Address: Kschantz@ 2021. 12 17 CFR 200.30–3(a)(12). statestreet.com.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8243
Lazard World Dividend & Income incurred in connection with the Filing Date: The application was filed Fund, Inc. [811–21751] reorganization were paid by the on December 16, 2020. Summary: Applicant, a closed-end applicant. Applicant’s Address: jbeksha@ investment company, seeks an order Filing Dates: The application was eatonvance.com. declaring that it has ceased to be an filed on November 4, 2020, and For the Commission, by the Division of investment company. The applicant has amended on January 13, 2021. Investment Management, pursuant to transferred its assets to Lazard Global Applicant’s Address: delegated authority. Total Return and Income Fund, Inc., [email protected]. J. Matthew DeLesDernier, and on December 3, 2019 made a final Rx Funds Trust [File No. 811–22878] Assistant Secretary. distribution to its shareholders based on [FR Doc. 2021–02269 Filed 2–3–21; 8:45 am] Summary: Applicant seeks an order net asset value. Expenses of BILLING CODE 8011–01–P declaring that it has ceased to be an $1,206,186.54 incurred in connection investment company. On December 30, with the reorganization were paid by the 2016, applicant made a liquidating applicant, the applicant’s investment SECURITIES AND EXCHANGE distribution to its shareholders based on adviser and the acquiring fund. COMMISSION Filing Date: The application was filed net asset value. No expenses were incurred in connection with the [Release No. 34–91019; File No. SR–LTSE– on December 30, 2020. 2021–01] Applicant’s Address: MVogel@ liquidation. proskauer.com. Filing Dates: The application was Self-Regulatory Organizations; Long- filed on February 6, 2020, and amended Miles Funds, Inc. [811–08910] Term Stock Exchange, Inc.; Notice of on October 14, 2020, and December 29, Filing of a Proposed Rule Change To Summary: Applicant seeks an order 2020. Amend LTSE Rule 14.501 To Specify Applicant’s Address: tlesc@ declaring that it has ceased to be an the Process for Enforcing Compliance csacompliance.com. investment company. On March 27, With LTSE Rule 14.425 for Listed 2020, applicant made a liquidating Short Duration High Income Portfolio Companies distribution to its shareholders based on [File No. 811–22662] net asset value. Expenses of $18,861.95 January 29, 2021. incurred in connection with the Summary: Applicant seeks an order Pursuant to Section 19(b)(1) of the liquidation were paid by the applicant’s declaring that it has ceased to be an Securities Exchange Act of 1934 investment advisor. investment company. On June 12, 2020, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Filing Dates: The application was applicant made a liquidating notice is hereby given that on January filed on May 14, 2020, and amended on distribution to its shareholders based on 19, 2021, Long-Term Stock Exchange, January 15, 2021. net asset value. No expenses were Inc. (‘‘LTSE’’ or ‘‘Exchange’’) filed with Applicant’s Address: jmiles@ incurred in connection with the the Securities and Exchange clinewilliams.com. liquidation. Commission (‘‘Commission’’) the Filing Date: The application was filed proposed rule change as described in Nuveen Strategy Funds, Inc. [File No. on December 16, 2020. 811–07687] Items I, II, and III below, which Items Applicant’s Address: jbeksha@ have been prepared by the Exchange. Summary: Applicant seeks an order eatonvance.com. The Commission is publishing this declaring that it has ceased to be an StrongVest ETF Trust [File No. 811– notice to solicit comments on the investment company. The applicant has 23196] proposed rule change from interested transferred its assets to TIAA–CREF persons. Lifestyle Aggressive Growth Fund, Summary: Applicant seeks an order TIAA–CREF Lifestyle Growth Fund, declaring that it has ceased to be an I. Self-Regulatory Organization’s TIAA–CREF Lifestyle Moderate Fund, investment company. On September 13, Statement of the Terms of Substance of and TIAA–CREF Lifestyle Conservative 2019, applicant made a liquidating the Proposed Rule Change Growth Fund, each a series of the distribution to its shareholders based on LTSE proposes to amend LTSE Rule TIAA–CREF Funds, and on October 16, net asset value. Expenses of 14.501 to specify the process for 2019 made a final distribution to its approximately $3,893.58 incurred in enforcing compliance with LTSE Rule shareholders based on net asset value. connection with the reorganization were 14.425 for listed companies. Expenses of $935,360 incurred in paid by the applicant’s investment The text of the proposed rule change connection with the reorganization were adviser. is available at the Exchange’s website at paid by Nuveen, LLC. Filing Dates: The application was https://longtermstockexchange.com/, at Filing Date: The application was filed filed on March 3, 2020, and amended on the principal office of the Exchange, and on December 7, 2020. September 18, 2020, and December 18, at the Commission’s Public Reference Applicant’s Address: 2020. Room. [email protected]. Applicant’s Address: jeff.sutton@btn- inc.com. II. Self-Regulatory Organization’s Pathway Capital Opportunity Fund, Statement of the Purpose of, and Inc. [811–22807] Worldwide Health Sciences Portfolio Statutory Basis for, the Proposed Rule Summary: Applicant, a closed-end [811–07723] Change investment company, seeks an order Summary: Applicant seeks an order In its filing with the Commission, the declaring that it has ceased to be an declaring that it has ceased to be an self-regulatory organization included investment company. The applicant has investment company. On August 9, statements concerning the purpose of transferred its assets to Prospect 2019, applicant made a liquidating and basis for the proposed rule change Flexible Income Fund, Inc., and on distribution to its shareholders based on and discussed any comments it received March 31, 2019 made a final net asset value. No expenses were distribution to its shareholders based on incurred in connection with the 1 15 U.S.C. 78s(b)(1). net asset value. Expenses of $767,223 liquidation. 2 17 CFR 240.19b–4.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8244 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
on the proposed rule change. The text necessary information for reaching a necessary to make a determination of these statements may be examined at deficiency determination, as LTSE Rule regarding whether to grant such an the places specified in Item IV below. 14.207(a)(1) provides that the Exchange extension. The Exchange believes that The self-regulatory organization has may request any additional information this time period appropriately balances prepared summaries, set forth in or documentation, public or non-public, the interests of the Exchange in ensuring Sections A, B, and C below, of the most deemed necessary to make a compliance with its listing standards significant aspects of such statements. determination regarding a Company’s with the application of principles-based continued listing, and a Company may listing standards by the Company.9 A. Self-Regulatory Organization’s be denied continued listing if it fails to The process for reviewing such a Plan Statement of the Purpose of, and provide such information within a of Compliance is set forth in LTSE Rule Statutory Basis for, the Proposed Rule reasonable period of time.6 14.501(d)(2)(B) and would be Change Third, LTSE Rule 14.501 sets forth the unchanged. Under this subparagraph 1. Purpose provisions regarding the Exchange’s (B), LTSE may provide the Company The Exchange proposes to amend process for notifying Companies with up to 180 days to regain Rule 14.501(d)(2)(A)(iii) to specify the regarding different types of deficiencies compliance (with certain exceptions), process for enforcing compliance with and their corresponding consequences. issue a Staff Delisting Determination the Long-Term Policies pursuant to There are four types of Company letter, or issue a Public Reprimand LTSE Rule 14.425 under LTSE Rule deficiency notifications that the Letter in accordance with LTSE Rule Series 14.500.3 LTSE Rule 14.425(a) Exchange may issue pursuant to LTSE 14.501(d)(4). As set forth in LTSE Rule requires Companies to adopt and Rule 14.501(a): (i) Staff Delisting 14.500(a), a Public Reprimand Letter or publish the following policies: A Long- Determinations, which are notifications Staff Delisting Determination, upon Term Stakeholder Policy; a Long-Term of deficiencies that, unless appealed, timely request by a Company, is subject Strategy Policy; a Long-Term subject the Company to immediate to review by a Listings Review Compensation Policy; a Long-Term suspension and delisting; (ii) Committee, which will adjudicate the Board Policy; and a Long-Term Investor notifications of deficiencies for which request in accordance with procedures Policy (collectively, the ‘‘Policies’’). the Company may submit a plan of and timelines set forth in LTSE Rules While Companies have flexibility to compliance for staff review; (iii) 14.502, 14.504 and 14.505. develop appropriate Policies for their notifications of deficiencies for which a LTSE Rule 14.425 provides businesses, each of the Policies must be Company is entitled to an automatic Companies flexibility in developing consistent with the set of principles cure or compliance period; and (iv) what they believe to be appropriate articulated in LTSE Rule 14.425(b) Public Reprimand Letters. LTSE Rule Policies for their businesses; however, (collectively, the ‘‘Principles’’).4 14.501(d) identifies the deficiencies that each of the required Policies must fall within each of these four include certain minimum elements, and Companies also are required to at least 7 annually review their Policies, make categories. must be consistent with the Principles. The proposed rule change would them publicly available and free of The Exchange has represented to the amend LTSE Rule 14.501(d)(2)(A)(iii) to charge on or through their websites, and Commission that it will enforce the specify that deficiencies relating to provide related disclosures in certain provisions of LTSE Rule 14.425 by LTSE Rule 14.425 would include those filings with the Commission, as ensuring that each Company has for which a Company may submit a plan provided for in LTSE Rule 14.425(c). addressed all of the requirements The Exchange enforces the provisions of compliance (‘‘Plan of Compliance’’) enumerated for each of the prescribed of LTSE Rule 14.425 by ensuring that for staff review, similar to how other Policies, that the Company’s Policies are each LTSE-listed issuer has addressed corporate governance rules are handled consistent with the Principles, and it all of the elements enumerated in each generally in LTSE Rule has made the Policies publicly available 8 of the Policies, consistent with the 14.501(d)(2)(A)(iii). The timeline for without cost.10 Additionally, LTSE Rule Principles, and has made the Polices such a Plan of Compliance is governed 14.425(c) mandates that Companies publicly available without cost.5 A by LTSE Rule 14.501(d)(2)(C), which annually review their Policies because number of rules in the Rulebook enable establishes that a Company has 45 the Exchange has anticipated that, over the Exchange to ensure such calendar days to submit a plan to regain time, Companies may choose to or need compliance. First, with respect to compliance. LTSE staff may extend this to recalibrate their Policies with new identification of a deficiency, LTSE Rule deadline for up to an additional 5 objectives or initiatives, provided that 14.500(a) provides that LTSE staff is calendar days upon good cause shown the amended Policies continue to align responsible for identifying deficiencies and may request such additional with the Principles noted in LTSE Rule that may lead to delisting. Additionally, information from the Company as is LTSE Rule 14.410 requires a Company 9 Notwithstanding the mandated period to submit provide the Exchange with prompt 6 In addition, the Exchange plans to monitor a Plan of Compliance and regain compliance under Company compliance with Rule 14.425 annually LTSE Rule 14.501(d)(2), as set forth in LTSE Rule notification after an Executive Officer of and on an ad hoc basis. 14.501(c) and repeated in LTSE Rule 14.207(b)(2), the Company becomes aware of any 7 LTSE Rule 14.501(d) provides that in case of a ‘‘a listed Company that receives a notification of noncompliance by the Company with deficiency not specified in subparagraphs (1)–(4), deficiency from the Exchange is required to make the LTSE Rule Series 14.400, which LTSE staff will issue either a Staff Delisting a public announcement by filing a Form 8–K, where includes Rule 14.425. Second, the Determination or a Public Reprimand Letter. required by SEC rules, or by issuing a press release 8 See, e.g., LTSE Rules 14.408(a) (Meetings of disclosing receipt of the notification and the Rule(s) Exchange retains the authority to elicit Shareholders), 14.408(c) (Quorum), 14.411(Review upon which the deficiency is based, and describing of Related Party Transactions), 14.412 (Shareholder each specific basis and concern identified by the 3 See LTSE Rule 14.001 (‘‘The consequences of a Approval), 14.406 (Code of Conduct), Exchange in reaching its determination that the failure to meet LTSE’s listing standards are 14.407(a)(4)(D) (Partner Meetings of Limited Company does not meet the listing standard.’’ For contained in the LTSE Rule Series 14.500.’’). Partners), 14.407(a)(4)(E) (Quorum of Limited avoidance of doubt, a request for information by 4 See Securities Exchange Act Release No. 86722 Partnerships), 14.407(a)(4)(G) (Related Party LTSE staff pursuant to LTSE Rule 14.207(a)(1), (August 21, 2019), 84 FR 44953 (August 27, 2019) Transactions of Limited Partnerships), 14.413 absent a notification of deficiency, will not require (order approving proposed rule change to adopt (Voting Rights), or 14.414 (Internal Audit Function). a public announcement by the subject Company LTSE Rule 14.425). The proposed rule change also would remove two pursuant to LTSE Rules 14.501(c) or 14.207(b)(2). 5 Id. at 44954. erroneous ‘‘or’’s in LTSE Rule 14.501(d)(2)(A)(iii). 10 See supra note 4.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8245
14.425. The Exchange believes the to the purposes of the Act or the Consequently, LTSE does not believe ability to tailor Policies, if necessary, to administration of the Exchange, for the that the proposed change will impose changing circumstances, while reasons set forth below. any burden on intramarket competition remaining anchored to the Principles, is The Exchange believes that the that is not necessary or appropriate in essential for ensuring that the Policies proposed rule change brings furtherance of the purposes of the Act. are effective and meaningful tools for deficiencies with respect to LTSE Rule supporting long-term value creation for 14.425 in alignment with other LTSE C. Self-Regulatory Organization’s Companies and their investors. rules pertaining to corporate governance Statement on Comments on the The Exchange holds that, in case of a that allow a Company to submit a Plan Proposed Rule Change Received From deficiency, Companies may achieve of Compliance in the case of a Members, Participants, or Others compliance by changing Policies or deficiency. The proposed rule change Written comments were neither practices 11 related to the deficiency, furthers the Exchange’s objective to solicited nor received. amending the applicable Policies or promote long-term value creation while III. Date of Effectiveness of the some combination of both, provided retaining effective enforcement Proposed Rule Change and Timing for that the changes are consistent with the mechanisms for deficiencies with Commission Action Principles discussed in LTSE Rule respect to LTSE Rule 14.425. Pursuant 14.425. The Exchange’s objective is to to the proposed amendment, Companies Within 45 days of the date of help foster long-term value creation for will be provided an opportunity to publication of this notice in the Federal each Company and the Exchange regain compliance with LTSE Rule Register or within such longer period (i) believes that providing an opportunity 14.425 by formulating appropriate as the Commission may designate up to for remediation to Companies that face Policies that remain anchored to the 90 days of such date if it finds such a deficiency with respect to LTSE Rule Principles enumerated in LTSE Rule longer period to be appropriate and 14.425 will aid in achieving that goal by 14.425 through an existing process that publishes its reasons for so finding or allowing Companies to formulate has already been determined to be (ii) as to which the Exchange consents, effective Policies tailored to Company- consistent with the Act in that it the Commission shall: (a) By order specific needs. At all times, the removes impediments to and perfects approve or disapprove such proposed Exchange may exercise its broad the mechanism of a free and open rule change, or (b) institute proceedings discretionary authority under LTSE market and a national market system, to determine whether the proposed rule Rule 14.101 to suspend or delist consistent with the protection of change should be disapproved. Companies based on any event, investors and the public interest.14 IV. Solicitation of Comments condition, or circumstance that exists or The Exchange believes that its occurs that makes initial or continued proposed rule change is fair and not Interested persons are invited to listing of the securities on the Exchange unfairly discriminatory because it is submit written data, views, and inadvisable or unwarranted in the applicable to all listed Companies that arguments concerning the foregoing, opinion of the Exchange to protect experience a deficiency with respect to including whether the proposed rule investors and the public interest, among LTSE Rule 14.425 and is part of the change is consistent with the Act. other objectives. adjudicatory process set forth in the Comments may be submitted by any of LTSE Rule Series 14.500.15 the following methods: 2. Statutory Basis The Exchange believes that the B. Self-Regulatory Organization’s Electronic Comments proposed rule change is consistent with Statement on Burden on Competition • Use the Commission’s internet the provisions of Section 6 of the Act,12 The Exchange does not believe that comment form (http://www.sec.gov/ in general, and furthers the objectives of the proposed rule change would impose rules/sro.shtml); or Section 6(b)(5) of the Act,13 in any burden on competing venues that is • Send an email to rule-comments@ particular, because it is designed to not necessary or appropriate in sec.gov. Please include File Number SR– prevent fraudulent and manipulative furtherance of the purposes of the Act. LTSE–2021–01 on the subject line. The degree to which the proposed acts and practices, to promote just and Paper Comments equitable principles of trade, to foster amendment could impose any burden cooperation and coordination with on intermarket competition is extremely • Send paper comments in triplicate persons engaged in facilitating limited because other national securities to Secretary, Securities and Exchange transactions in securities, to remove exchanges may propose similar listing Commission, 100 F Street NE, impediments to and perfect the standards with appropriate remediation Washington, DC 20549–1090. mechanism of a free and open market mechanisms and issuers are able to list All submissions should refer to File and a national market system and, in on other national securities exchanges. Number SR–LTSE–2021–01. This file general, to protect investors and the Further, issuers that do not wish to meet number should be included on the public interest, particularly those the Exchange’s listing standards also are subject line if email is used. To help the investors with a long-term focus. able to list on other national securities Commission process and review your Further, the Exchange believes the exchanges. comments more efficiently, please use proposal is not designed to permit LTSE also does not believe that the only one method. The Commission will unfair discrimination between issuers or proposed rule change will result in any post all comments on the Commission’s to regulate by virtue of any authority burden on intramarket competition internet website (http://www.sec.gov/ conferred by the Act matters not related since it is applicable to all listed rules/sro.shtml). Copies of the Companies without differentiation. submission, all subsequent 11 For the avoidance of doubt, each Company amendments, all written statements shall be solely responsible for ensuring any changes 14 See Securities Exchange Act Release No. 85828 with respect to the proposed rule in its practices to conform to its Policies do not (May 10, 2019), 84 FR 21841 (May 15, 2019) (order change that are filed with the violate any legal, regulatory, contractual, or other approving the application of Long Term Stock requirements applicable to the Company. Exchange, Inc. for registration as a National Commission, and all written 12 15 U.S.C. 78f. Securities Exchange). communications relating to the 13 15 U.S.C. 78f(b)(5). 15 See supra note 3. proposed rule change between the
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8246 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Commission and any person, other than promotion by the broker. The proposed SMALL BUSINESS ADMINISTRATION those that may be withheld from the rule change was published for comment [Disaster Declaration #16666; Washington public in accordance with the in the Federal Register on December 18, Disaster Number WA–00088] provisions of 5 U.S.C. 552, will be 2020.3 available for website viewing and Section 19(b)(2) of the Act 4 provides Declaration of Economic Injury; printing in the Commission’s Public that, within 45 days of the publication Administrative Declaration Reference Room, 100 F Street NE, of notice of the filing of a proposed rule Amendment of an Economic Injury Washington, DC 20549, on official Disaster for the State of Washington business days between the hours of change, or within such longer period up 10:00 a.m. and 3:00 p.m. Copies of the to 90 days as the Commission may AGENCY: U.S. Small Business filing also will be available for designate if it finds such longer period Administration. inspection and copying at the principal to be appropriate and publishes its ACTION: Amendment 1. office of the Exchange. All comments reasons for so finding, or as to which the received will be posted without change. self-regulatory organization consents, SUMMARY: This is an amendment of an Persons submitting comments are the Commission shall either approve the Economic Injury Disaster Loan (EIDL) cautioned that we do not redact or edit proposed rule change, disapprove the declaration for the State of Washington personal identifying information from proposed rule change, or institute dated 09/16/2020. comment submissions. You should proceedings to determine whether the Incident: Civil Unrest. submit only information that you wish proposed rule change should be Incident Period: 05/26/2020 through to make available publicly. All disapproved. The 45th day after 01/28/2021. submissions should refer to File publication of the notice for this DATES: Issued on 01/29/2021. Number SR–LTSE–2021–01, and should proposed rule change is February 1, Economic Injury (EIDL) Loan be submitted on or before February 25, 2021. The Commission is extending this Application Deadline Date: 06/16/2021. 2021. 45-day time period. ADDRESSES: Submit completed loan applications to: U.S. Small Business For the Commission, by the Division of The Commission finds that it is Trading and Markets, pursuant to delegated Administration, Processing and authority.16 appropriate to designate a longer period Disbursement Center, 14925 Kingsport J. Matthew DeLesDernier, within which to take action on the Road, Fort Worth, TX 76155. proposal so that it has sufficient time to Assistant Secretary. FOR FURTHER INFORMATION CONTACT: A. consider the proposed rule change and [FR Doc. 2021–02267 Filed 2–3–21; 8:45 am] Escobar, Office of Disaster Assistance, the comments received. Accordingly, BILLING CODE 8011–01–P U.S. Small Business Administration, the Commission, pursuant to Section 409 3rd Street SW, Suite 6050, 5 19(b)(2) of the Act, designates March Washington, DC 20416, (202) 205–6734. 18, 2021, as the date by which the SECURITIES AND EXCHANGE SUPPLEMENTARY INFORMATION: The notice Commission shall either approve or COMMISSION of an Economic Injury declaration for disapprove, or institute proceedings to [Release No. 34–91011; File No. SR–NYSE– the State of Washington dated 09/16/ 2020–98] determine whether to disapprove, the 2020, is hereby amended to establish the proposed rule change (File No. SR– incident period for this disaster as Self-Regulatory Organizations; New NYSE–2020–98). beginning 05/26/2020 and continuing York Stock Exchange LLC; Notice of For the Commission, by the Division of through 01/28/2021. Designation of a Longer Period for Trading and Markets, pursuant to delegated All other information in the original Commission Action on a Proposed authority.6 declaration remains unchanged. Rule Change To Amend Its Rules To Prohibit Member Organizations From J. Matthew DeLesDernier, (Catalog of Federal Domestic Assistance Seeking Reimbursement, in Certain Assistant Secretary. Number 59008) Circumstances, From Issuers for [FR Doc. 2021–02264 Filed 2–3–21; 8:45 am] Tami Perriello, Forwarding Proxy and Other Materials BILLING CODE 8011–01–P Acting Administrator. to Beneficial Owners [FR Doc. 2021–02328 Filed 2–3–21; 8:45 am] January 29, 2021. BILLING CODE 8026–03–P On November 30, 2020, New York Stock Exchange LLC filed with the Securities and Exchange Commission SOCIAL SECURITY ADMINISTRATION (‘‘Commission’’), pursuant to Section [Docket No SSA–2021–0002] 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 Agency Information Collection thereunder,2 a proposed rule change to 3 See Securities Exchange Act Release No. 90653 Activities: Proposed Request and amend its rules to prohibit member (December 14, 2020), 85 FR 82539. Certain Comment Request organizations from seeking comments filed in response to File No. SR–NYSE– reimbursement from issuers for 2020–96 by Paul Conn, President, Global Capital The Social Security Administration Markets, Computershare, dated January 11, 2021, (SSA) publishes a list of information forwarding proxy and other materials to and Niels Holch, Executive Director, Shareholder beneficial owners who received shares collection packages requiring clearance Communications Coalition, dated January 20, 2021, by the Office of Management and of a security from their broker at no cost also address this proposed rule change. These or at a price substantially less than the comments on the proposed rule change are Budget (OMB) in compliance with market price in connection with a available at: https://www.sec.gov/comments/sr- Public Law 104–13, the Paperwork nyse-2020-96/srnyse202096.htm. Reduction Act of 1995, effective October 16 17 CFR 200.30–3(a)(12). 4 15 U.S.C. 78s(b)(2). 1, 1995. This notice includes revisions 1 15 U.S.C. 78s(b)(1). 5 Id. of OMB-approved information 2 17 CFR 240.19b–4. 6 17 CFR 200.30–3(a)(31). collections.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8247
SSA is soliciting comments on the Fax: 410–966–2830, Email address: for U.S. Social Security benefits for accuracy of the agency’s burden [email protected] those months an alien beneficiary or estimate; the need for the information; Or you may submit your comments claimant is outside the U.S., and to its practical utility; ways to enhance its online through https://www.reginfo.gov/ determine if tax withholding applies. In quality, utility, and clarity; and ways to public/do/PRAMain, referencing Docket addition, SSA uses the information to: minimize burden on respondents, ID Number [SSA–2021–0002]. (1) Allow beneficiaries or claimants to including the use of automated I. The information collections below request a special payment exception in collection techniques or other forms of are pending at SSA. SSA will submit an SSA restricted country; (2) terminate information technology. Mail, email, or them to OMB within 60 days from the supplemental medical insurance fax your comments and date of this notice. To be sure we coverage for recipients who request it, recommendations on the information consider your comments, we must because they are, or will be, out of the collection(s) to the OMB Desk Officer receive them no later than April 5, 2021. U.S.; and (3) allow claimants to collect and SSA Reports Clearance Officer at Individuals can obtain copies of the a lump sum death benefit if the number the following addresses or fax numbers. collection instruments by writing to the holder died outside the U.S. and we do (OMB) Office of Management and above email address. not have information to determine 1. Supplement to Claim of Person Budget, Attn: Desk Officer for SSA whether the lump sum death benefit is Outside the United States—20 CFR Comments: https://www.reginfo.gov/ 404.460, 404.46, 422.505(b), and 42 CFR payable under the Social Security Act. public/do/PRAMain. Submit your 407.27(c)—0960–0051. Claimants or The respondents are Social Security comments online, referencing Docket ID beneficiaries (both United States (U.S.) claimants, or individuals entitled to Number [SSA–2021–0002]. citizens and aliens entitled to benefits) Social Security benefits, who are, were, (SSA) Social Security Administration, living outside the U.S. complete Form or will be residing outside the United OLCA, Attn: Reports Clearance SSA–21 as a supplement to an States for three months or longer. Director, 3100 West High Rise, 6401 application for benefits. SSA collects Type of Request: Revision of an OMB- Security Blvd., Baltimore, MD 21235, the information to determine eligibility approved information collection.
Average Average Estimated theoretical Average wait Total annual Modality of completion Number of Frequency of burden per total annual hourly cost time in field opportunity respondents response response burden amount office cost (minutes) (hours) (dollars) * (minutes) ** (dollars) ***
Paper version—U.S. Residents ...... 360 1 14 84 *$18.23 24 $4,156 Paper version—Resi- dents of a Tax Treaty Country ...... 1,978 1 9 297 *18.23 ...... *** 5,414 Paper version —Nonresident aliens 1,379 1 8 184 * 18.23 ...... *** 3,354 Intranet version— (MCS)—U.S. Resi- dents ...... 441 1 11 81 *18.23 ...... *** 1,477 Intranet version— (MCS)—Residents of a Tax Treaty Country 2,426 1 6 243 * 18.23 ...... *** 4,430 Intranet version— (MCS)—Nonresident aliens ...... 1,691 1 5 141 *18.23 ...... *** 2,570
Totals ...... 8,275 ...... 1,030 ...... *** 21,401 * We based this figure on averaging both the average DI payments based on SSA’s current FY 2020 data (https://www.ssa.gov/legislation/ 2020Fact%20Sheet.pdf), and the average U.S. worker’s hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/ current/oes_nat.htm). ** We based this figure on the average FY 2020 wait times for field offices, based on SSA’s current management information data. *** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete.
2. You Can Make Your Payment by an individual that we detected an completes the SSA–4589 electronic Credit Card—0960–0462. Using overpayment. Individuals may choose to Intranet application. Respondents are information from Form SSA–4588 and make a one-time payment or recurring Old Age Survivors and Disability its electronic application, Form SSA– monthly payments by completing and Insurance (OASDI) beneficiaries and 4589, SSA updates individuals’ Social submitting the SSA–4588. SSA uses the Supplemental Security Income (SSI) Security records to reflect payments SSA–4589 electronic Intranet recipients who have outstanding made on their overpayments. In application only when individuals overpayments. addition, SSA uses this information to choose to telephone the Program Service process payments through the Centers to make a one-time payment in Type of Request: Revision of an OMB- appropriate credit card company. SSA lieu of completing Form SSA–4588. An approved information collection. provides the SSA–4588 when we inform SSA debtor contact representative
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8248 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Average Average Estimated theoretical Average wait Total annual Modality of completion Number of Frequency of burden per total annual hourly cost time in field opportunity respondents response response burden amount office cost (minutes) (hours) (dollars) * (minutes) ** (dollars) ***
SSA–4588 (Paper) ...... 16,500 1 10 2,750 * $10.73 ** 24 *** $100,326 SSA–4589 (Electronic) 258,500 1 5 21,542 * 10.73 ...... *** 231,146
Totals ...... 275,000 ...... 24,292 ...... *** 331,472 * We based this figure on average DI payments based on SSA’s current FY 2020 data (https://www.ssa.gov/legislation/2020Fact%20 Sheet.pdf). ** We based this figure on the average FY 2020 wait times for field offices, based on SSA’s current management information data. *** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete.
3. Screen Pop—20 CFR 401.45—0960– Social Security number (SSN) using to the agent’s screen. When the call 0790. Section 205(a) of the Social their telephone keypad or speech connects to the N8NN agent, the agent Security Act requires SSA to verify the technology prior to speaking with a can use the SSN to access the caller’s identity of individuals who request a National 800 Number Network (N8NN) record as needed. The respondents for record or information pertaining to agent. The automated Screen Pop this collection are individuals who themselves, and to establish procedures application collects the SSN and routes contact SSA’s N8NN to speak with an for disclosing personal information. it to the ‘‘Start New Call’’ Customer agent. SSA established Screen Pop, an Help and Information (CHIP) screen. automated telephone process, to speed Functionality for the Screen Pop Type of Request: Revision of an OMB- verification for such individuals. application ends once the SSN connects approved information collection. Accessing Screen Pop, callers enter their to the CHIP screen and the SSN routes
Average Average Average Estimated theoretical wait time for Total annual Modality of Number of Frequency of burden per total annual hourly cost teleservice opportunity cost completion respondents response response burden amount centers (dollars) *** (minutes) (hours) (dollars) * (minutes) **
Screen Pop ...... 50,487,044 1 1 841,451 * $25.72 ** 17 *** $389,558,027 * We based this figure on average U.S. worker’s hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/ oes_nat.htm). ** We based this figure on the average FY 2020 wait times for teleservice centers, based on SSA’s current management information data. *** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete.
4. Application for Access to SSA requires supervisory approval, and local Note: Because SSA employees are Federal Systems—20 CFR 401.45—0960–0791. or component Security Officer review, workers exempt from the requirements of the SSA uses Form SSA–120, Application before granting this access. The Paperwork Reduction Act, the burden below for Access to SSA Systems, to allow respondents are SSA employees and is only for SSA contractors. limited access to SSA’s information non-Federal Employees (contractors) resources for SSA employees and non- who require access to SSA systems to Type of Request: Revision of an OMB- Federal employees (contractors). SSA perform their jobs. approved information collection.
Average Average Estimated theoretical Total annual Modality of completion Number of Frequency of burden per total annual hourly cost opportunity respondents response response burden amount cost (minutes) (hours) (dollars) * (dollars) ***
SSA–120 (Paper version) ...... 685 1 2 23 * $48.80 ** $1,122 SSA–120 (Internet version) ...... 14,282 1 2 476 * 48.80 ** 23,229
Totals ...... 14,967 ...... 499 ...... *** 24,351 * We based this figure on average Federal Executive Branch worker’s hourly wages, as reported by Bureau of Labor Statistics data (https:// www.bls.gov/oes/current/naics4_999100.htm). ** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rath- er, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.
5. Request to Show Cause for Failure hearing before a judge fail to appear at hearings. To establish good cause, to Appear—20 CFR 404.938, their scheduled hearing, the judge may respondents must show proof of one of 404.957(b)(1), and 416.1438—0960– reschedule the hearing if the claimants the following: (1) SSA did not properly 0794. When claimants who requested a establish good cause for missing the notify the claimant of the hearing; or (2)
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8249
an unexpected event occurred without versions of the paper form, as the judge hearing, the judge will schedule a sufficient time for the claimant to follows different procedures when supplemental hearing; if not, the judge request a postponement. The claimants determining the good cause on will make a claims eligibility can use paper Form HA–L90 or HA– redetermination cases (cases that have a determination based on the claimants’ L90–OP1 to provide their reason for not prior decision and evidence on file), evidence of record. Respondents are appearing at their scheduled hearings; than they do for new cases (where we claimants, or their representatives, or the claimants’ representatives can use have no evidence on file). The ERE seeking to establish good cause for Electronic Records Express (ERE), OMB modality adjusts for redetermination failure to appear at a scheduled hearing Control No. 0960–0753, to submit the cases, so we only need one version of before a judge. HA–L90 online. SSA uses the HA–L90 the internet screens. If the judge for new cases, and the HA–L90–OP1 for determines the claimant established Type of Request: Revision of an OMB- redetermination cases. We need two good cause for failure to appear at the approved information collection.
Average Average Estimated theoretical Total annual Modality of completion Number of Frequency of burden per total annual hourly cost opportunity respondents response response burden amount cost (minutes) (hours) (dollars) * (dollars) ***
HA–L90 ...... 39,500 1 10 6,583 *$18.23 **$120,008 HA–L90–OP1 ...... 500 1 10 83 *18.23 **1,513
Totals ...... 40,000 ...... 6,666 ...... ** 121,521 * We based this figure on averaging both the average DI payments based on SSA’s current FY 2020 data (https://www.ssa.gov/legislation/ 2020Fact%20Sheet.pdf), and the average U.S. worker’s hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/ current/oes_nat.htm). ** This figure does not represent actual costs that we are imposing on recipients of Social Security payments to complete this application; rath- er, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.
II. SSA submitted the information America Vote Act of 2002, mandates consolidation system that routes the collections below to OMB for clearance. that States verify the identities of newly voter data to SSA’s Help America Vote Your comments regarding these registered voters. When newly Verification (HAVV) system. Once information collections would be most registered voters do not have driver’s SSA’s HAVV system verifies the Social useful if OMB and SSA receive them 30 licenses or State-issued ID cards, they Security Number of the voter, the days from the date of this publication. must supply the last four digits of their information returns along the same To be sure we consider your comments, Social Security number to their local route in reverse until it reaches the State we must receive them no later than State election agencies for verification. election agency. The respondents are March 8, 2021. Individuals can obtain The election agencies forward this the State MVAs seeking to confirm voter copies of these OMB clearance packages information to their State Motor Vehicle identities. by writing to OR.Reports.Clearance@ Administration (MVA), and the State ssa.gov. Type of Request: Revision of an OMB- 1. Help America Vote Act—0960– MVA inputs the data into the American approved information collection. 0706. Public Law 107–252, the Help Association of MVAs, a central
Average Average Estimated theoretical Total annual Modality of completion Number of Frequency of Number of burden per total annual hourly cost opportunity respondents response responses response burden amount cost (minutes) (hours) (dollars) * (dollars) **
HAVV ...... 48 87,332 4,191,936 2 139,731 *$17.51 **$2,446,690 * We based this figure on average local government information and records clerk’s salary shown on the Bureau of Labor Statistic’s website (https://www.bls.gov/oes/current/oes434199.htm). ** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rath- er, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.
Cost Burden: Per our current Personnel Act (IPA) mobility program assignment. The OF–69 collects management information data, the 48 provides for the temporary assignment information about the assignment state MVAs participating in HAVA each of civilian personnel between the including: (1) The enrolled employee’s pay an annual maintenance cost of Federal Government and State and local name, Social Security number, job title, $4,400. Additionally, states pay .05 governments; colleges and universities; salary, classification, and address; (2) cents per verification request. Therefore, Indian tribal governments; federally the type of assignment; (3) the the total cost to respondents is funded research and development reimbursement arrangement; and (4) an $420,797. centers; and other eligible organizations. explanation as to how the assignment 2. Incoming and Outgoing The Office of Personnel Management benefits both SSA and the non-federal Intergovernmental Personnel Act (OPM) created a generic form, the OF– organization involved in the exchange. Assignment Agreement—5 CFR part 69, for agencies to use as a template OPM directs agencies to use their own 334—0960–0792. The Intergovernmental when collecting information for the IPA forms for recording these agreements.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8250 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Therefore, SSA modified the OF–69 to assignment, and to serve as an development centers; and other eligible meet our needs, creating the SSA–187 agreement between the agencies. organizations who participate in the IPA for incoming employees and the SSA– Respondents are personnel from State exchange with SSA. 188 for outgoing employees. SSA and local governments; colleges and Type of Request: Revision of an OMB- collects information on the SSA–187 universities; Indian tribal governments; approved information collection. and SSA–188 to document the IPA federally funded research and
Average Average Estimated theoretical Total annual Modality of completion Number of Frequency of burden per total annual hourly cost opportunity respondents response response burden amount cost (minutes) (hours) (dollars) * (dollars) **
Non-Federal employee ...... 3 1 30 2 * $50.00 ** $100 Non-Federal employer signers ...... 12 1 5 1 * 50.00 ** 50
Totals ...... 15 ...... 3 ...... ** 150 * We based this figure on averaging the average of Postsecondary Education Administrators and Executive Branch Management Analysts hourly wages, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes119033.htm & https://www.bls.gov/oes/current/ oes131111.htm). ** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rath- er, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the application.
Dated: February 1, 2021. DEPARTMENT OF TRANSPORTATION Ground Floor at 1200 New Jersey Naomi Sipple, Avenue SE, Washington, DC 20590– Reports Clearance Officer, Social Security Federal Aviation Administration 0001, between 9 a.m. and 5 p.m., Administration. [Summary Notice No. 2021–2046] Monday through Friday, except Federal [FR Doc. 2021–02341 Filed 2–3–21; 8:45 am] holidays. Petition for Exemption; Summary of • Fax: Fax comments to Docket BILLING CODE 4191–02–P Petition Received; Google Research Operations at (202) 493–2251. Climate and Energy Group Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the AGENCY: Federal Aviation SURFACE TRANSPORTATION BOARD public to better inform its rulemaking Administration (FAA), Department of process. DOT posts these comments, Transportation (DOT). Release of Waybill Data without edit, including any personal ACTION: Notice. information the commenter provides, to The Surface Transportation Board has SUMMARY: This notice contains a http://www.regulations.gov, as received a request from Iowa State summary of a petition seeking relief described in the system of records University (WB21–14—1/5/21) for from specified requirements of Federal notice (DOT/ALL–14 FDMS), which can permission to use data from the Board’s Aviation Regulations. The purpose of be reviewed at http://www.dot.gov/ 1992–2018 Unmasked Carload Waybill this notice is to improve the public’s privacy. Sample. A copy of this request may be awareness of, and participation in, the Docket: Background documents or comments received may be read at obtained from the Board’s website under FAA’s exemption process. Neither http://www.regulations.gov at any time. docket no. WB21–14. publication of this notice nor the inclusion or omission of information in Follow the online instructions for The waybill sample contains the summary is intended to affect the accessing the docket or go to the Docket confidential railroad and shipper data; legal status of the petition or its final Operations in Room W12–140 of the therefore, if any parties object to these disposition. West Building Ground Floor at 1200 requests, they should file their New Jersey Avenue SE, Washington, DC objections with the Director of the DATES: Comments on this petition must 20590–0001, between 9 a.m. and 5 p.m., Board’s Office of Economics within 14 identify the petition docket number and Monday through Friday, except Federal must be received on or before February calendar days of the date of this notice. holidays. 24, 2021. The rules for release of waybill data are FOR FURTHER INFORMATION CONTACT: Jake ADDRESSES: Send comments identified codified at 49 CFR 1244.9. Troutman, (202) 683–7788, Office of by docket number FAA–2020–0386 Rulemaking, Federal Aviation Contact: Alexander Dusenberry, (202) using any of the following methods: Administration, 800 Independence 245–0319. • Federal eRulemaking Portal: Go to Avenue SW, Washington, DC 20591. http://www.regulations.gov and follow Brendetta Jones, This notice is published pursuant to the online instructions for sending your 14 CFR 11.85. Clearance Clerk. comments electronically. [FR Doc. 2021–02352 Filed 2–3–21; 8:45 am] • Mail: Send comments to Docket Issued in Washington, DC. BILLING CODE 4915–01–P Operations, M–30; U.S. Department of Timothy R. Adams, Transportation, 1200 New Jersey Deputy Executive Director, Office of Avenue SE, Room W12–140, West Rulemaking. Building Ground Floor, Washington, DC Petition for Exemption 20590–0001. • Hand Delivery or Courier: Take Docket No.: FAA–2020–0386. comments to Docket Operations in Petitioner: Google Research Climate Room W12–140 of the West Building and Energy Group.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8251
Section(s) of 14 CFR Affected: technology located at a confined private ACTION: Notice. §§ 61.3(a)(1)(i); 91.7(a); 91.119(c); property in Firebaugh, California. SUMMARY: This notice is provided in 91.121; 91.151(b); 91.405(a); [FR Doc. 2021–02316 Filed 2–3–21; 8:45 am] accordance with IRC section 6039G of 91.407(a)(1); 91.409(a)(1) and (2); BILLING CODE 4910–13–P 91.417(a) and (b); 137.19(c), (d), the Health Insurance Portability and Accountability Act (HIPPA) of 1996, as (e)(2)(ii), (e)(2)(iii), and (e)(2)(v); 137.31; amended. This listing contains the name 137.33: 137.41(c); and 137.42. DEPARTMENT OF THE TREASURY of each individual losing United States Description of Relief Sought: Google citizenship (within the meaning of Research Climate and Energy Group Internal Revenue Service section 877(a) or 877A) with respect to (Google Research) seeks relief to operate whom the Secretary received the HSE–UAV M8A Pro unmanned Quarterly Publication of Individuals, information during the quarter ending aircraft system, weighing over 55 Who Have Chosen To Expatriate, as December 31, 2020. For purposes of this pounds (lbs.) but no more than 98.8 lbs., Required by Section 6039G listing, long-term residents, as defined for testing fire-fighting and monitoring in section 877(e)(2), are treated as if they operations with first person view AGENCY: Internal Revenue Service (IRS), were citizens of the United States who Treasury. lost citizenship.
Last name First name Middle name/initials
AARDEMA ...... MICHAEL ...... PRESTON ABARIUTE ...... SILVIJA ...... ADKINS ...... AMANDA ...... ELIZABETH AHERN ...... JULIE ...... ALBROW ...... JOHN ...... CHARLES ALEXANDER ...... KIRSTEN ...... ALNAJJAR ...... DANA ...... MAJDI ALNAJJAR ...... SAIF ...... MAJDI AMZALLAG ...... ADRIEN ...... ANDERSON ...... AUSTEN ...... KATHLEEN ARAKAWA ...... TOSHIHIKO ...... ARIE ...... MAYUMI ...... ARITOMO ...... KELICHI ...... ARMSTRONG ...... TARA ...... MORRELL AUDOUZE ...... MYRIAM ...... JACQUELINE BAER ...... NATASHA ...... CHETIYAWARDANA BAGNARA ...... GIAN ...... LUCA BAILEY ...... ELIZABETH ...... MARIE BAIRD ...... BARBARA ...... DALLAS BALDERESCHI ...... RENZO ...... BALDOCK ...... SIMON ...... N. BALDOCK ...... VIRGINIA ...... BARROS ...... PEDRO ...... PABLO BARSKYY ...... IGOR ...... BARTA ...... DAMIAN ...... CYRIL BAS ...... BJORN ...... NICHOLAS BATES ...... GREGORY ...... J. BAUGH ...... MISAKI ...... T. BEDNARIK ...... JOSEPH ...... LEE BENNETT ...... CHERYL ...... A. BERENDSEN ...... ANNE-MARIE ...... BERENDSEN ...... ARJEN ...... BERG ...... BIRGIT ...... MONIQUE TEN BERGER ...... CONNIE ...... BERGER ...... ELIZABETH ...... BERNHARDT ...... DIANE ...... CATHERINE BILL ...... MARCO ...... HANS BIRNER ...... KATRIN ...... BIRNER ...... THOMAS ...... BJORNVOLD ...... INGVLID ...... BLASIO ...... GIULIANA ...... DE BOEL ...... OLIVIER ...... ARNAUD BOS ...... ALBERT ...... MARTIN BOSSY ...... CAROLE ...... BOUCARD ...... RENAN ...... BOUCHARD ...... DIANA ...... CHURCHILL BOWER ...... LESLIE ...... ANNE BOWES ...... CLAIRE ...... S. BOWES ...... NEAL ...... G. BOWLES ...... ZEFFUL ...... BOYAPATI ...... ADITHYA ...... BRAKE-BALDOCK ...... KAREN ...... ELIZABETH TE BRANCH ...... JEAN ...... CLAUDE BRANCKE ...... ANITA ...... BREDIUS ...... MARTINUS ......
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8252 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Last name First name Middle name/initials
BREINGAN ...... LUCIENNE ...... ELISE BREITSCHAFT ...... MARRE BEATRIJS ...... HARRIET BREUNINGER ...... SILKE ...... K. BRIZINOV ...... SHARON ...... ITAY BROADWELL ...... ANDREW ...... HERBERT BROADWELL ...... EVAN ...... ANDREW BROOKS ...... STEPHANIE ...... NADINE BROWN ...... DAVID ...... LYN BRUSH ...... GREGORY ...... JOHN BUCKE ...... DANIELLE ...... SHEILA BARBARA BUCKLAND ...... NIGEL ...... CRAIG BURKHARDT ...... PIERRE-ALAIN ...... BYRNE ...... JULIE ...... I. BYRNE ...... NICHOLAS ...... G. CACCHIONE ...... CAROL ...... MARY CALDER ...... JENNIFER ...... ROSALIE CALVER ...... SHAUN ...... L. CAMERON ...... STUART ...... K. CARDAMONE ...... NICHOLAS ...... CASELLA ...... ALICIA ...... JOANA CASTORIADIS ...... MARJORIE ...... AMERICA CATANIA ...... SABRINA ...... CAVE ...... GERALD ...... JOSEPH CERRUTTI DONAYRE ...... GIULIANA ...... I. CHAN ...... ESTHER ...... CHAN ...... JANYNE ...... JEN KHOON CHAN ...... KATHY ...... CHANG-DROP ...... GLORIA ...... CHIUNG SING CHANTREY ...... ALICIA ...... DAY CHAPPUIS ...... TANYA ...... CHARLES BERSIA ...... JEAN-JACQUES ...... RENE CHEN ...... KAI ...... CHESSEX ...... CYRIL ...... ALAIN CHIANG ...... CHUNG-CHIEN ...... CHIN ...... HO ...... JING JUSTIN CHIU ...... CHANEL ...... MUN LUM CHIU ...... SANDY ...... MAN HUNG CHMIEL ...... VIVIANE ...... SARAH CHOW ...... JUSTIN ...... HOI WAH CHRISTODOULOPOULOS ...... ILIAS ...... CHU ...... SHEENA ...... KA-MAN CLAIRET ...... GUY ...... CLARKE ...... VIRGINIA ...... CLASSEN ...... CORNELIA ...... ULRIKE CLOES ...... BENOIT CHANTAL ...... MAURICE CNOSSEN ...... BARTELINE ...... ASTER CNOSSEN ...... MARJON ...... HESTER COE ...... CLAIRE ...... JEANETTE COENDERS ...... MARIA ...... JOHANNA COLLINS ...... JANE ...... RUTH COLLINS ...... REGINA ...... ANNE CONDIT ...... MATTHEW ...... REID CONSTANTINO ...... MS KENXIE ...... RAE COOMBS ...... CATHERINE ...... COONEY ...... LINDA ...... LEE COOPER ...... RICHARD ...... C. CORBIN ...... NANCY ...... MARGARET CORREA ...... CECILIA ...... JENNA CORREA ...... TAMARA ...... FELICIA SALOME CORTHESY ...... QUENTIN ...... MARC CREITZ ...... CLARA ...... STEPHANIE CREUSEN ...... JOSEPH ...... MATHIAS MICHAEL CRUZ ...... CAMERON ...... DANIEL CRUZ ...... CHRISTEL ...... LINNEA CUDMORE ...... JANIS ...... M. CUMMING ...... NANCY ...... A. CUMMINGS ...... RICHARD ...... JAMES CUMMINS ...... ROBERT ...... DAVID CUNNINGHAM ...... TOBY ...... DANIEL CURTI ...... ARIANE ...... CATERINA CUSUMANO ...... RITA ...... ANTONIETTA DALES ...... RAMONA ...... JANE DARBYSHIRE ...... CHRISTOPHER ...... W. DAVID ...... ADAM ......
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8253
Last name First name Middle name/initials
DAVIS ...... ALTHEA ...... JACQUELINE DAVIS ...... EDITH ...... J. DAVIS ...... FEIGA ...... BLUMA DE KINKELIN PELLETAN ...... TAMARA ...... ANNICK DE KONINCK ...... JAN ...... PIETER DE MESTRAL ...... HUBERT ...... HENRY DE METZ ...... JULIETTE MARIE ...... FRANCOISE DE RUIG ...... TIMOTHY ...... JOHN DE SCHRYVER ...... INGRID ...... DENISE DEANE ...... CARL ...... RAYMOND DELAHAIJ ...... ERIC ...... JOHN DEMPSEY ...... DAVID ...... L. DENNIS ...... PATRICIA ...... DENNY ...... MELANIE ...... C. DERKSEN ...... GERHARDUS ...... H. DEVEREUX ...... HELEN ...... DEVNANI ...... MONEESHA ...... DEYHLE ...... REBECCA-MARIE ...... CHRISTINE DHALIWAL ...... PREETPAL ...... SINGH DISHER-MULHOLLAND ...... CATHERINE ...... DOMON ...... ALAIN ...... RICHARD DONNELLY ...... LINNEA ...... S. DORIGO ...... ANDREA ...... DOUMET ...... DANIELA ...... MIRANDA DOWGIALLO-KUEHN ...... JOANNA ...... ZOFIA DU PONT DE BIE ...... NATACHA ...... ALEXIA DUCHARME ...... ANDREE ...... LOUISE DUDNEY ...... LAURA ...... ELIZABETH DUFTSCHMID ...... GEORGE ...... KLAUS DULAC ...... ROLAND ...... MARIO DUNLOP ...... EMILY ...... ELIZABETH DUYSENS ...... JORIS ...... PIETER EDGERTON ...... ELIZABETH ...... TOMASCITA EDWARDS ...... DESMOND ...... EGAN ...... JACOBUS ...... ANTHONY EGGLESTON ...... ZOE ...... JACQUELINE EGLINTON ...... LORRAINE ...... BUXTON ENGEL ...... ANNEMARIE ...... THERESIA ENGENES ...... ERIK ...... ALEXANDER ENGLISH ...... CAROL ...... A. ENTWISTLE ...... ROBERTA ...... MARSHA ESPOSITO ...... ANIELLO ...... ESSAPEN ...... MEVIN ...... DARMALINGUM FAN ...... YUN ...... FARO ...... CLAUDIA ...... MAUREEN FENG ...... XIAOMING ...... FENG ...... YAN ...... FIEDLER ...... GARANCE ...... FINKAS ...... JAN ...... FLOORS ...... LARS ...... SEBASTIAN FORCEY ...... ERIC ...... JAMES FOSSBERG ...... NYA ...... BYRON FRASER ...... ALISDAIR ...... D. FRIDDELL ...... ELEANOR ...... ALEXANDRA FRYDENLUND ...... BENEDIKTE ...... MATHISEN GADDIE ...... LISA ...... JACQUELINE GAJDA ...... WILLIAM ...... A. GAO ...... XIANG-DONG ...... GARBRANDT ...... JAMES ...... ALLEN GARBRANDT OLSEN ...... TONI ...... LYNN GARBRANDT GARRARD ...... JUNG ...... IM GARREL ...... KARIN ...... MARGARETA GEDDES ...... MARGARET ...... C. GEMONET ...... FLORIAN ...... THIERRY GENDRON ...... NATHALIE ...... MARIE HELENE GERARD ...... STANISLAS ...... MARY GERMAN ...... VERNA ...... GERTSCH ...... ANDREAS ...... JOEL GETSIOS ...... SPIRO ...... GIBSON ...... PAUL ...... P. GIBSON ...... SHARON ...... N. GILLIAN ...... KATHERINE ...... MARY GIROUX ...... CHANTAL ...... RAYMONDE GJEITNES ...... JANET ...... JOANNE
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8254 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Last name First name Middle name/initials
GLADISH ...... JANET ...... GLASS ...... JULIE ...... ANN GOEDEL ...... CLAUDINE ...... SUSAN GOLSTEIN ...... MARTINE MARIE ...... P. GOULDING ...... ALASTAIR ...... R. GRADWELL ...... ANNE ...... LOUISE GRAVES ...... NAHOKO ...... U. GRAY ...... ROWAN ...... CHRISTOPHER SANFORD GREFE ...... JOHN ...... ALAN GRILIS ...... DANIELLE ...... P. GUPTA ...... KAUSHAL ...... D GYDE ...... DOMINIC ...... PATRICK RICHARD HABERSTROH ...... MARK ...... ARTHUR HAMADA ...... SHINJI ...... HAMAJIMA ...... MASAHIKO ...... HAMWEY ...... ROBERT ...... MICHAEL HARE ...... VICTOR ...... ERNEST HASHIMOTO ...... YOSHIMI ...... HAYASHI ...... AKIYO ...... HAYASHI ...... TERUMI ...... HAYNES ...... TREVOR ...... RYDER HEDGES ...... NICHOLAS ...... GEOFFREY HEFFERON ...... SEAN ...... BERNARD KEONI HENDERICKS ...... MARTIN ...... JACOB THEODORE HENNEBERGER ...... MARK ...... STEVEN HERFURTH ...... STEPHANIE ...... MARIE HERMANN ...... LISA ...... MARIE HERRON ...... TERENCE ...... HEWETT ...... NICHOLAS ...... ALEXANDER WIGMORE HEWSON ...... ROBERT ...... NICHOLAS ALAN HIPPS ...... RYAN ...... CHRISTOPHER HIRATA ...... TOMOKO ...... HOEING ...... CLAUDIA ...... CHRISTINE HOEING ...... STEPHANIE ...... JEANNINE HOLT ...... KAREN ...... LEE HOLT ...... ROBYN ...... B. HONG ...... MELANIE ...... JIYOUNG HOSHIBA ...... SYOHEI ...... HOSOKAI ...... TOMOKO ...... HSU ...... CHENG KUANG ...... HSU ...... MEI-YIEH ...... HUANG HSU ...... YUH ...... RONG HUI ...... HAILONG ...... HULSBOSCH ...... THEODORUS ...... MARIA HYRKA ...... NICHOLAS ...... IIDA ...... MADOKA ...... IKARI ...... IKUKO ...... ISHIBATA ...... CAMIE ...... ISHIDA ...... YOSHIKO ...... ITO ...... CHIE ...... ITO ...... MAYU ...... IVERSEN ...... MARGARET ...... DANA IYADOMI ...... KENICHI ...... JACKSON ...... RUTH ...... A. JACOBS-JONES ...... YVONNE ...... ANGELA JACQUES ...... ALINE ...... MADELEINE MALVINA JASCHKE ...... MICHAEL ...... JAUERNIG ...... BARBARA ...... CHRISTINA JEAN ...... PIERRE ...... EMILE JEONG ...... LEO ...... JOHN ...... OMAR ...... AMADOU JOHNSTON ...... ANGELA ...... DIANE JONES ...... JUNE ...... E. JONES ...... ROBIN ...... LOUISE JONIAU ...... INGE ...... JOHANNA JONKER ...... MANDY ...... JANE KABUTO ...... YASUTAKA ...... KADISHASANOGLU ...... AYNUR ...... KARATSOUBA ...... ANASTASIA ...... KAZOUROV KARTASOVA ...... ANTONINA ...... ANDREEVNA KEITH MYERS ...... ANDREA ...... KERI ...... JONAH ...... M. KIEFER VON MUHLENEN ...... CHRISTINA ...... MARIETTA KIM ...... EUGENE ......
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8255
Last name First name Middle name/initials
KIM ...... JENNIFER ...... TAEEUN KIM ...... JUSTIN ...... EUIHYUN KIM ...... KYUNG-HEE ...... KIM ...... ROY ...... KEON KIM ...... SEIN ...... KIND ...... JASON ...... OSWALD KITAMURA ...... KEIKO ...... KITAO ...... SAGIRI ...... KLIJN ...... MARIAN ...... M. KMETKO ...... TOMAS ...... KNOOP ...... ISABELLA ...... KNOOP ...... UWE ...... KOBAYASHI ...... AYUKO ...... KOBAYASHI ...... CHIKAKO ...... KOBAYASHI ...... TADASHI ...... KOHATA ...... MICHIKO ...... KOLLER ...... PHILIPP ...... BRIAN KONO ...... HIROSHI ...... KOREY ...... ANDREW ...... G. KOSTNER ...... FRANK ...... KOSTNER ...... TINO ...... KOSTYTSKA ...... MARIA ...... KOTWAL ...... ASHOK ...... GOPAL KOTWAL ...... BHARATI ...... KRAHENBUHL ...... MIRKO ...... CHRISTOPH KREBS ...... MONIKA ...... KRIEK ...... LYDIA ...... ELISABETH KRISTENSEN ...... SABINE ...... KRUSE ...... THOMAS ...... MURTAGH KUENSTLER ...... LILLI ...... KULPER ...... LINA ...... KUMPE GARCIA ...... KAREN ...... LYNN KUSHIMA ...... MAKI ...... KUSHIMA ...... RYOTARO ...... KUSKA ...... RENEE ...... KUTSCHER ...... DANIEL ...... KVAN ...... TOMMY ...... EDON LAD ...... NIKITA ...... HITESH LAFLAMME ...... BEVERLY ...... JEAN LAMBRECHT NOORDERMEER ...... JEOREN ...... PAUL LAMMERS ...... MARLIES ...... ANN LANDER ...... STEPHEN ...... J. LANGWITH ...... CATHERINE ...... LOUISE LAWTON ...... ELLEN ...... LUCILLE LAY ...... MARIA ...... I. LEDERMAN ...... RAPHAEL ...... PHILIPPE GILBERT LEE ...... SEAN ...... LEE ...... THEODORE ...... FREDERICK LEENDERS ...... MATTHEUS ...... J. M. LEIGHTON ...... RYAN ...... PATRICK LELEUX ...... ALLIETTE ...... LEONOV ...... VLADIMIR ...... LEVI ...... ANNA ...... MARI LEVIN ...... BORIS ...... LEVIN ...... MALCOLM ...... GIDEON LI ...... JUN ...... LI ...... SHUXIN ...... LI ...... WEI ...... LIEGEL ...... MICHAEL ...... LIGOT ...... ANTHONY ...... FELICIO VINCENT MARIO MICHEL LIM ...... JENNIFER ...... LIMOR ...... ORY ...... LIN ...... YUANQING ...... LIN ...... YUIN ...... LINDER ...... DEBRA ...... RAE LINTJER ...... JULIETTE ...... LITTLE ...... ROBERT ...... B. LIU ...... GEORGE ...... K.C. LLANES ...... MONIQUE ...... MARTHA LLOYDS ...... DAVID ...... WILLIAM LO ...... CHRIS ...... CZE WAI LOCNIKAR ...... SILVIA ...... A. LOERKENS ...... JANET ...... ELLEN LOGSDAIL ...... JASON ...... LLOYD
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8256 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Last name First name Middle name/initials
LOMBARDO ...... TERESA ...... LOOS ...... MICHAELA ...... LOPEZ DE LA VEGA ...... BEATRIZ ...... FERRER LOUKAS ...... LAMPROS ...... LEONIDAS LU ...... TZU-YING ...... LUENEBURGER ...... CHRISTOPH ...... LUK ...... ERIC ...... CHUN WANG MA ...... TERENCE ...... K. MAAG ...... JESSICA ...... MARGARETTE MACDONALD ...... CAROLE ...... H. MACLELLAN ...... DEBRA ...... J. MACMILLAN ...... JEFFREY ...... F. MACMILLAN ...... PATRICIA ...... L. MAHAUD ...... JEAN GUY ...... ANDRE MAHLEB ...... ERIC ...... ROBERT MANG ...... TAK ...... CHI MANSION ...... BENOIT ...... L. MANSION ...... TOM ...... C. MANSURI ...... KAMRAN ...... MARCAZZO ...... HANNAH ...... SUSAN KATHLEEN MARINO ...... LUISA ...... QUINOY MASIRONI ...... FULVIO ...... MARIO MASTANDREA ...... LUIGI ...... GIUSEPPE MATSUMOTO ...... MAKIKO ...... MAURO ...... GIULIA ...... PAOLA MCCANN ...... THOMAS ...... JAMES MCCRACKEN ...... TOM ...... EDWIN MCFADYEN ...... JENNIFER ...... L. MCGARRY ...... JOHN ...... COLIN MCLEOD ...... KATE ...... E. MEDEIROS ...... JEANNINE ...... MARIE MEIER-GIBBONS ...... FRANCES ...... EVELYN MELCHER ...... ADAM ...... SHEPHARD MELSAETHER ...... JANNE ...... ELIN MENGEL ...... BENEDICTE ...... MENGEL ...... CHRISTIAN ...... V. MERCER ...... MARC ...... ARTHUR MEYNEN RUSSELL ...... SARA ...... BARNUM MEZIERE ...... CAROLINE ...... MICHAUD ...... SEBASTIAN ...... EMILE MIKALSEN ...... KJELL ...... GEORG MILBURN ...... CYNTHIA ...... ASHLEY MILLAR ...... CHRISTOPHER ...... PATRICK MILLAR ...... MICHAEL ...... S. MILLAR ...... SANDRA ...... E. MITCHELL ...... CHARLES ...... KONRAD MITCHELL ...... WILLIAM ...... GRANT MITTON ...... ROBERT ...... MIYAMOTO ...... YUMIKO ...... MOECKLI ...... SIMON ...... WALTER MOGSTAD ...... ROLF ...... MOLDEN DENIAU ...... ALEXANDRA ...... PAGE MOLTZ ...... KAREN ...... SAMPSON MONAGHAN ...... MARGARET ...... LIVIA MONCADA ...... ALBERTO ...... GIOVANNI MONCADA ...... VALENTINA ...... GIOVANNA MONNEY ...... TIFFANY ...... SARAH MONTANO ...... TERESA ...... A. MONTAZERIAN ...... MEHDI ...... MOORE ...... JULIA ...... KATHERINE MORAINE ...... ASTRID ...... GENEVIEVE MORRISON ...... JOANNA ...... ALLISON MOTTE ...... GWENDOLINE ...... MARIE MOULTON ...... LUCY ...... ANN MULLER ...... SIMONE ...... CLAUDIA MURATANI ...... TATEKI ...... MURPHY ...... TAYLA ...... MAREE MYUNG ...... JAYHYUK ...... NAGASAKA ...... KEIKO ...... NAGASAKA ...... MASAYA ...... NAGATA ...... RYOICHI ...... NEAL ...... HENNA ...... ELISABETH NEWBOULD ...... CARELIA ...... S. NEWSOME ...... MATTHEW ...... D.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8257
Last name First name Middle name/initials
NEWTON ...... NICHOLAS ...... JOHN NEWTON ...... RACHAEL ...... ELIZABETH NITZSCHE ...... ERNST ...... ALFRED NITZSCHE ...... NICOLA ...... JANE NOBBERS ...... ANNEMARIE ...... NONNI-FARAC ...... LYDIA ...... ROSAPIA NOWOWIEJSKI ...... DANA ...... NUNN ...... ROSEMARIE ...... OH ...... YOUNG ...... RAN OHANA ...... JACQUES ...... A. OHLENDORF ...... TESSA ...... RUTH OLIVER ...... THEA ...... BETH OMURA ...... KOKI ...... OSULLIVAN ...... LORNA ...... M. OSULLIVAN ...... PATRICK ...... M. OUYOUB ...... HAMID ...... PALLARES ...... MARIA ...... DE PILAR PARIKH ...... SACHIN ...... J. PATEL ...... AMITA ...... BHAGWANJI PATEL ...... MAYUR ...... MAHENDRABHAI PATHMANATHAN ...... WIJEYANAND ...... PATTEN ...... WAYNE ...... HARRIS PEARSON ...... DONALD ...... JAMES PEARSON ...... SUZANNA ...... NANCY PEGRUM ...... STEVEN ...... BRANDON PELLONI-ROBINS ...... MELODIE ...... GAY PENROSE ...... JACQUELINE ...... ANNE PENRUDDOCKE ...... ADRIANA ...... URSULA PETERS ...... AARJEN ...... DEAN PETERS ...... CHRISTINE ...... ANN PHILIPP ...... ALEXANDER ...... MAXWELL PITTS ...... MARY ...... LOUISA PIVIN ...... NICHOLAS ...... HUGHES HENRY POON ...... CHRISTOPHER ...... JAMES POULIN ...... MONIKA ...... A. PRIEST ...... RICHARD ...... MAURICE PRIOR ...... SUSAN ...... ELLIS PUCKERING ...... ANDREW ...... DAVID RAMUNDO JR ...... IGINIO ...... A. RAND ...... HILLARY ...... GRAY RAWSON ...... CLAUDE ...... J. RAYMOND VIROS ...... ALEXANDER ...... PAUL RAZ ...... STAV ...... REGUEIRO ...... ALEXANDER ...... REIDENBACH ...... MANUELA ...... REINER ...... DEBORAH ...... FAIRMAN REMDE ...... AXEL ...... JENS REMIE ...... CHRISTOFORUS ...... STEFANUS MARIA RIJKENS ...... CLAIRE ...... ANNA RINGWALD ...... SEBASTIAN ...... RIVA ...... TIM ...... SEAN ROBBAZ ...... XAVIER ...... LOUIS ROCH ...... BRIGITTE ...... MARIA ROLLE ...... BARBARA ...... ROMIJN ...... JASPER ...... ROSSMANITH ...... MATTHIAS ...... P. RUPP ...... REBECCA ...... FAYE LIECHTY RUSSELL ...... KATHLEEN ...... RUSSELL ...... PETER ...... T. RYPPA ...... XAVER ...... SABLAN ...... ANTHONY ...... FRANCISCO SADDEN ...... EUAN ...... RICHARD SADEGHI ...... KAZEM ...... SALADINO ...... LEE ...... HULL SALATINO ...... CYNTHIA ...... LYNN SALUJA ...... JASJEET ...... SINGH SANDBERG ...... JOYCE ...... C. SANNER ...... MICHAEL ...... HINSVERK SARTORIUS ...... DANIEL ...... MATTHIAS SARTORIUS ...... YVETTE ...... MARIA SASAKI ...... THOMAS ...... TAKAHISA SAUTEROT ...... SIMONE ...... SCHAEFER ...... JOERG ...... SCHARF ...... ANNA ......
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8258 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Last name First name Middle name/initials
SCHOUMAKERS ...... KELLY ...... MARIE SCHRIMPF ...... ROBERT ...... MARSHALL SCHULTZ ...... JAMES ...... FRANKLIN SCHUTTE ...... ADRIA ...... GERRITA SCHWARTZ ...... GORIA ...... R. SCHWIEGER ...... FLORIAN ...... SEIXEIRO ...... APRIL ...... G. SEIXEIRO ...... STEVE ...... F. SEQUEIRA ...... KYOKO ...... Y. SERVETTI ...... GIANMARCO ...... SETT ...... MERRILEE ...... SHAH ...... MILAP ...... SHIACH ...... PATRICIA ...... J. SHIMOYAMA ...... SHINJI ...... SHIMOYAMA ...... YOSHIKO ...... SHIRREFF ...... ERIN ...... SIBRAVA ...... IVANA ...... SIGG ...... NATHANAEL ...... PHILIPPE SIM ...... DAVID ...... F. SIMAN ...... KATHERINE ...... ANGELA SIMON ...... RICHARD ...... SIMPSON ...... KRISTA ...... MEGAN SIMS ...... CHRISTOPHER ...... FRANCIS SKAPINKER ...... ARI ...... D. SMITH ...... CHRISTOPHER ...... MCLEAN SMITH ...... KEVIN ...... RAY SMITH ...... MALCOLM ...... SON ...... JONG ...... HYUN SONG ...... JIWAN ...... SONGSEE ...... TAPANEE ...... SOOD ...... SUSHEEL ...... K. SORENSEN ...... JOHN ...... JOSEPH SPAANS ...... LOUISA ...... NIGELLA SPAGNOLO ...... JOSEPH ...... DOMINICK SPIKERMAN ...... JUDITH ...... ANN SPOHN ...... PETER ...... MARTIN HOWARD SPRAY ...... VIRGINIA ...... A. STAVRIOTIS ...... MICHIKO ...... STEELS ...... LENIE ...... MARIA STEENSMA ...... MAX ...... CHRISTIAAN VINCENT STEENSMA-DE JONG ...... MATHILDE ...... CATARINA STEMPER IV ...... JOHN ...... LOUIS STEUERWALD ...... NOEMI ...... ANTONIA STINDT ...... STEVEN ...... GARY STOTHERT ...... CATRIN ...... EIRLYS STRAUBINGER ...... DANIELA ...... CHRISTINE STRAUSS ...... DANA ...... LEIGH STUBENBERG ...... LEOPOLD ...... STUMPE ...... KAREN ...... BEVERLY SMIT TAKAHASHI ...... HIDEO ...... TALMA ...... DIRK ...... SYBRAND TANAKA ...... AKIRA ...... TANAKA ...... HIDEAKI ...... TANIGUCHI ...... MIYOKO ...... TAYFUN ...... TARIK ...... TAYLOR ...... SARAH ...... ELIZABETH WIGMORE TAYLOR ...... SHARON ...... TEE ...... PAULA ...... SUZANNE TEHEE ...... RYAN ...... PATRICK TEMMINK ...... ANKE ...... CARIN TERCEIRA ...... AMY ...... LAUREN TERCEIRA ...... MICHAEL ...... RALPH TERCEIRA ...... THEODORE ...... C. TESHIMA ...... TATSUHISA ...... TESHIMA ...... TOMOKO ...... THARIN ...... OLIVIER ...... C. THOMAS ...... MARTIN ...... LABBETT THORPE ...... ANDREW ...... THYS ...... YVES ...... TOH ...... KEITH ...... TOMLINSON ...... IRENE ...... L. TOSTAIN ...... OLIVIER ...... ETIENNE MARIE TOWELL ...... ANTHONY ...... TOYOTA ...... MITSURU ......
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8259
Last name First name Middle name/initials
TOYOTA ...... TERUKO ...... TROTTA ...... FRANCESCA ...... TSAI ...... I...... CHEN TSAKIRIS ...... ANASTASIOS ...... TSE ...... SUSAN ...... MARGARET TUNCAY ...... HEIDI ...... TURLAPOV ...... ANDREY ...... V. TYLER ...... ALICE ...... H. TYLER ...... FRANCIS ...... S. TZONEV ...... DIMITRE ...... DIMOV URANO ...... TAMAMI ...... USUI ...... SACHIYO ...... VAAGNES ...... ALICE ...... BENTE VACHER ...... CAROLE ...... VAESSEN ...... MAURICE ...... PETER VAESSEN ...... RAYMOND ...... ADRIANUS JACOBUS VAN AARLE ...... FRANCISCUS ...... VAN BENTUM ...... OTTO ...... A. VAN BERKEL ...... LUCIA ...... ANTONIA VAN DAALEN ...... OLIVER ...... MICHAEL VAN DER HULST ...... TJEERD ...... VAN ERVEN ...... SYBELLE ...... B.E. VAN LOON ...... BASTIAAN ...... LAMBERTUS VAN MILGEN ...... HILLEBRAND ...... VAN NIEKERK ...... PIETER ...... A. VANDENBERG ...... LLOYD ...... HENDRICUS VANMARLE ...... WILLIAM ...... VAVELIDIS ...... EFSTRATIOS ...... VELLA ...... CHRISTOPHER ...... M. VERHOEF ...... ARNOUD ...... VIERLING ...... VIRGINIA ...... WILHELMINA LUCIA VIGOUREUX ...... ALEXANDER ...... LE VISHLOFF ...... SANDRA ...... LYNN VOCE ...... SAMANTHA ...... MARY VOGT ...... RAINER ...... KENT VON BOEHM-BEZING ...... ANNETTE ...... BARBARA VOUTE ...... SEBASTIAAN ...... JEROEN VROEGOP ...... AMANDA ...... LOUISE WAKEFIELD ...... ROSEMARY ...... K. WAN ...... HONGYAN ...... WANG ...... QUN ...... WARD ...... BARBARA ...... JOSE WARD ...... BRIAN ...... MICHAEL WARD ...... LYNDA ...... G. WARING ...... IAN ...... WATANABE ...... AKIKO ...... WEBBER ...... PETER ...... HOWARD WEBSTER ...... JENNIFER ...... MARIE BRIDGETT WEEDA ...... MIRIAM ...... MARIJTJE BAAFJE WEIAND ...... PATRICK ...... GARY WESTDIJK ...... CAROLINE ...... HELENE WETMORE ...... GAIL ...... BELLE WHEATLEY ...... ANTHONY ...... PAUL WIGHT ...... ARDEN ...... L. WIGHT ...... ROBERT ...... D. WILCZEWSKI-CLAIRET ...... MARIA ...... WILLIAMS ...... MICHAEL ...... CHRISTOPHER WIPPEL ...... MICHAEL ...... WITTE ...... FREDRIK ...... KARL WOLFF ...... ILEANA ...... ANN WONG ...... CHRISTINE ...... FONG FONG WONG ...... CURTIS ...... ALLEN WONG ...... DONNA ...... ELAINE WOOLF ...... ANDREW ...... L. WOOLF ...... MICHELLE ...... A. WORKMAN ...... BARBARA ...... CAROL WU ...... XIAOQING ...... WURMBACH ...... ACHIM ...... JOHANNES WUSSING ...... URSULA ...... WUSSING ...... WILHELM ...... ALFRED R. XIONG ...... YUJIE ...... YANAGAWA ...... MUTSUKO ...... YANG ...... HANSONG ...... YANG ...... JIONG ......
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8260 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Last name First name Middle name/initials
YATES ...... JAMES ...... MICHAEL YEE ...... JACQUELINE ...... CHI WAI YEN ...... PAU ...... YONG YONEKAWA ...... YOSHIOU ...... YOSHIDA ...... SATORI ...... YUNG ...... ISAAC ...... MING-SUN YUNG ...... NGAN ...... HAU ZENUK ...... TANYA ...... E. ZHANG ...... HONGQING ...... ZHANG ...... WEIYANG ...... T. ZHANG ...... ZHEHUA ...... ZHI ...... XUEYAN ...... ZUNE ...... CATHERINE ...... ALINE MARIE
Dated: January 27, 2021. suspended its ability to receive public section 721 of the Defense Production Godofredo Burgos-Rodriguez, comments by mail. Act of 1950, as amended (Section 721), Manager Classification Team 82413, In general, Treasury will post all which delineates the authorities and Examinations Operations—Philadelphia comments to https:// jurisdiction of CFIUS. FINSA codified Compliance Services. www.regulations.gov without change, aspects of the structure, role, process, [FR Doc. 2021–02337 Filed 2–3–21; 8:45 am] including any business or personal and responsibilities of CFIUS and the BILLING CODE 4830–01–P information provided, such as names, role of executive branch departments, addresses, email addresses, or telephone agencies, and offices in CFIUS’s review numbers. All comments received, of transactions for national security DEPARTMENT OF THE TREASURY including attachments and other concerns, and required the issuance of supporting material, will be part of the regulations implementing its provisions. Privacy Act of 1974; System of public record and subject to public Treasury published regulations codified Records disclosure. You should only submit at part 800 of title 31 of the Code of information that you wish to make AGENCY: Departmental Offices, Federal Regulations (CFR) pursuant to a publicly available. Department of the Treasury. final rule 73 FR 70702 (November 21, FOR FURTHER INFORMATION CONTACT: For 2008), which implemented provisions of ACTION: Notice of a modified system of questions about this notice and privacy FINSA, and became effective as of records notice. issues, contact: Ryan Law, Deputy December 22, 2008. SUMMARY: In accordance with the Assistant Secretary for Privacy, In 2018, the Foreign Investment Risk Privacy Act of 1974, the Department of Transparency, and Records at U.S. Review Modernization Act of 2018 the Treasury (Treasury), Departmental Department of the Treasury, 1500 (FIRRMA), Subtitle A of Title XII of Offices proposes to modify a system of Pennsylvania Avenue NW, Washington, Public Law 115–232, 132 Stat. 2173, records notice relating to the Treasury DC 20220; telephone: (202) 622–5710. was enacted, which further amended system of records titled, ‘‘Department of SUPPLEMENTARY INFORMATION: In Section 721 by broadening the the Treasury, Departmental Offices accordance with the Privacy Act of authorities of the President and CFIUS .227—Committee on Foreign Investment 1974, as amended (5 U.S.C. 552a), the under Section 721 to review and take in the United States (CFIUS) Case Department of the Treasury (Treasury), action to address any national security Management System.’’ Departmental Offices proposes to concerns arising from certain non- modify a system of records notice, 85 FR controlling investments and certain real DATES: Written comments must be 55354, relating to the Treasury system of estate transactions involving foreign received by March 8, 2021. The records titled, ‘‘Department of the persons. Following the enactment of modification will be applicable on Treasury, Departmental Offices .227— FIRRMA, on October 11, 2018, Treasury March 8, 2021 unless Treasury receives Committee on Foreign Investment in the published regulations in the form of an comments and determines that changes United States (CFIUS) Case Management interim rule, which amended the CFIUS to the system of records notice are System.’’ Treasury is (1) adding the regulations codified at part 800 of title necessary. authorities 44 U.S.C. 3101, and E.O. 31 of the CFR to implement, and make ADDRESSES: Written comments on this 9397 and 13478, and (2) replacing the updates consistent with, certain notice may be submitted electronically authorities ‘‘85 FR 3112; 85 FR 3158; 85 provisions of FIRRMA that became through the Federal government FR 8747; 85 FR 45311’’ with ‘‘31 CFR immediately effective (October 2018 eRulemaking portal at http:// part 800 (2019); 31 CFR parts 800–802 Interim Rule). See 83 FR 51316 (October www.regulations.gov. Electronic (2020), as amended’’, to ensure that the 11, 2018). The October 2018 Interim submission of comments allows the public is aware of these additional Rule took effect on November 10, 2018. commenter maximum time to prepare authorities and to clarify the applicable Treasury published a second interim and submit a comment, ensures timely regulatory authorities, even though the rule codified at part 801 of title 31 of the receipt, and enables the Department of authorities are already publicly CFR on October 11, 2018, pursuant to the Treasury (Treasury) to make the available in the United States Code, the section 1727(c) of FIRRMA, setting forth comments available to the public. Please Federal Register, and the Code of the scope of, and procedures for, a pilot note that comments submitted through Federal Regulations. program to review certain transactions https://www.regulations.gov will be As background, in 2007, the Foreign involving foreign persons and critical public, and can be viewed by members Investment and National Security Act of technologies (Pilot Program Interim of the public. Due to COVID–19-related 2007 (FINSA), Public Law 110–49, 121 Rule). See 83 FR 51322 (October 11, restrictions, Treasury has temporarily Stat. 246, was enacted. FINSA amended 2018). The Pilot Program Interim Rule,
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 8261
which took effect on November 10, at 85 FR 3112, which may be referred individual is selling real estate in a 2018, implemented jurisdiction over, to as 31 CFR part 800 (2020), apply from transaction filed with CFIUS. In and established mandatory declarations February 13, 2020. Subsequent addition, CFIUS may collect personal for, certain transactions involving amendments (85 FR 8747, 85 FR 45311 identifier information for other purposes investments by foreign persons in and 85 FR 57124) were made to the associated with its national security certain U.S. businesses that produce, regulations codified at parts 800 and functions, including, for example, design, test, manufacture, fabricate, or 802 of title 31 of the CFR in 2020 to personal identifier information related develop one or more critical make certain technical corrections, to a security officer or other person who technologies. make a clarifying revision to the may be involved in mitigating a risk On January 17, 2020, Treasury definition of ‘‘principal place of posed to national security. This system published two additional rules to business,’’ establish a fee for parties of records supports CFIUS’s collection implement provisions of FIRRMA. See filing a formal written notice of a of transaction information for analysis 85 FR 3112 (January 17, 2020); 85 FR transaction for review by CFIUS, make in the performance of its assessments, 3158 (January 17, 2020). The rule at 85 amendments to the definition of reviews and investigations of FR 3112 amended CFIUS regulations ‘‘substantial interest’’ and a related transactions, and for other purposes codified at part 800 of title 31 of the provision, and modify the mandatory associated with its national security CFR. These provisions specifically declaration provision for certain foreign functions. Further, pursuant to section 3101 of relate to CFIUS’s authorities and the investment transactions involving a U.S. title 44 of the United States Code, ‘‘[t]he process and procedures to review: (1) A business that produces, designs, tests, head of each Federal agency must make merger, acquisition or takeover by or manufactures, fabricates, or develops and preserve records containing with a foreign person that could result one or more critical technologies. For adequate and proper documentation of in foreign control of a U.S. business; (2) clarity in light of the numerous Federal the organization, functions, policies, a non-controlling ‘‘other investment’’ Register publications, and to decisions, procedures and essential that affords a foreign person specified incorporate all applicable regulations transactions of the agency and designed access to information in the possession published in the Federal Register, the to furnish the information necessary to of, rights in, or involvement in the applicable regulatory authorities for this system of records will be described protect the legal and financial rights of substantive decisionmaking of certain the Government and of persons directly U.S. businesses related to critical pursuant to this modification of the system of records notice as ‘‘31 CFR part affected by the agency’s activities.’’ The technologies, critical infrastructure, or system of records supports CFIUS in sensitive personal data; (3) any change 800 (2019); 31 CFR parts 800–802 (2020), as amended.’’ making and preserving records as in a foreign person’s rights if such required under 44 U.S.C. 3101, and, change could result in foreign control of Pursuant to Section 721 and its accordingly, this modification to the a U.S. business or an ‘‘other implementing regulations, CFIUS system of records notice adds 44 U.S.C. investment’’ in certain U.S. businesses; assesses or reviews, and may 3101 as an additional legal authority for or (4) any other transaction, transfer, subsequently investigate (in the case of the system of records. agreement, or arrangement, the structure a review), transactions that could result The system may include records from of which is designed or intended to in foreign control of a U.S. business and other systems of records both within circumvent the application of Section certain non-controlling investments and Treasury and in records provided by 721. The rule at 85 FR 3158 adds a part certain real estate transaction involving certain other Executive Branch agencies 802 to chapter VIII of title 31 of the CFR foreign persons to determine the effects for the purpose of facilitating CFIUS’s to implement FIRRMA’s expansion of of such transactions on the national assessment, review and investigation of CFIUS’s jurisdiction over transactions security of the United States. As part of transactions. Such records may include involving the purchase or lease by, or CFIUS’s national security processes, social security numbers, names, and concession to, a foreign person of Treasury, as chair of CFIUS, other identifying data provided by the certain real estate in the United States. disseminates information submitted by Social Security Administration and The rules at 85 FR 3112 and 85 FR 3158 parties to the transaction and other utilized by CFIUS pursuant to, inter took effect on February 13, 2020. The available information to certain alia, Executive Order 9397 (November rule at 85 FR 3112 further clarified that Executive Branch agencies. Among 22, 1943), as amended by Executive the CFIUS regulations codified at part other things, CFIUS evaluates certain Order 13478, 73 FR 70239 (November 801 of title 31 of the CFR will, going personal identifier information of 18, 2008), and, therefore, this forward, apply only to transactions for individuals associated with the foreign modification to the system of records which specified actions were taken on person engaged in the transaction and notice adds these Executive Orders as or after the effective date of the Pilot certain parent entities (e.g., for purposes additional legal authorities for the Program Interim Rule and prior to of conducting background checks), system of records. February 13, 2020, and that, subject to which informs CFIUS’s determination of In maintaining its records, CFIUS is the applicability of the CFIUS the effects of a transaction on the obligated to comply with its governing regulations codified at part 801 of title national security of the United States. statute, and to the extent not 31 of the CFR, the CFIUS regulations At times, this may include personal inconsistent with that statute, generally codified at part 800 of title 31 of the identifier information of U.S. nationals applicable laws. Any records from CFR as in effect on February 12, 2020, if a U.S. national is a board member or another Treasury system of records or which may be referred to as 31 CFR part officer of, has an ownership interest in, another Executive Branch agency’s 800 (2019), will, going forward, apply or has another relevant role related to, system of records for which an only to transactions for which specified an entity engaged in a transaction before exemption is claimed under 5 U.S.C. actions were taken before February 13, CFIUS or its parent entities. CFIUS may 552a(j) or (k), which may also be 2020. Except as described in the also receive certain personal identifier included in this system of records, preceding sentence, the CFIUS information of a U.S. national who is retains the same exempt status such regulations codified at part 800 of title involved in a transaction as an records have in the system for which 31 of the CFR as amended by the rule individual if, for example, such such exemption is claimed.
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES 8262 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices
Additionally, pursuant to section 721(c) Governmental Affairs of the U.S. Senate, SYSTEM MANAGER(S): of the Defense Production Act of 1950, and the OMB, pursuant to 5 U.S.C. Departmental Offices: as amended, 50 U.S.C. 4565(c), and 552a(r) and OMB Circular A–108, a. Director of Business Operations, subject to certain exceptions provided ‘‘Federal Agency Responsibilities for Office of International Affairs, U.S. therein, any information or Review, Reporting, and Publication Department of the Treasury, 1500 documentary material filed with CFIUS under the Privacy Act,’’ dated December Pennsylvania Avenue NW, Washington, under Section 721 is exempt from 23, 2016. DC 20220. disclosure under the Freedom of Ryan Law, b. Chief Information Officer, U.S. Information Act, as amended (FOIA), 5 Department of the Treasury, 1750 U.S.C. 552, and no such information or Deputy Assistant Secretary for Privacy, Transparency, and Records. Pennsylvania Avenue NW, Washington, documentary material may be made DC 20220. public. SYSTEM NAME AND NUMBER: The related information collections Department of the Treasury, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: have been submitted to the Office of Departmental Offices .227—Committee 50 U.S.C. 4565; 44 U.S.C. 3101; 31 Management and Budget (OMB) under on Foreign Investment in the United U.S.C. 321; 5 U.S.C. 301; E.O. 9397, control number 1505–0121. States (CFIUS) Case Management 11858, 12333, 12968, 13478, and 13526, Treasury has included this System. as amended; 31 CFR part 800 (2019); 31 established system in its inventory of CFR parts 800–802 (2020), as amended. record systems. Below is the description SECURITY CLASSIFICATION: * * * * * of the Treasury, Departmental Offices Classified. .227—CFIUS Case Management System. HISTORY: Treasury provided a report of this SYSTEM LOCATION: system of records to the Committee on Records are maintained at the 85 FR 55354, September 4, 2020; 85 Oversight and Government Reform of Departmental Offices: 1500 FR 58308, September 18, 2020. the House of Representatives, the Pennsylvania Avenue NW, Washington, [FR Doc. 2021–02262 Filed 2–3–21; 8:45 am] Committee on Homeland Security and DC 20220. BILLING CODE 4810–25–P
VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00103 Fmt 4703 Sfmt 9990 E:\FR\FM\04FEN1.SGM 04FEN1 jbell on DSKJLSW7X2PROD with NOTICES Vol. 86 Thursday, No. 22 February 4, 2021
Part II
The President
Proclamation 10144—Adjusting Imports of Aluminum Into the United States
VerDate Sep<11>2014 17:23 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\04FED0.SGM 04FED0 jbell on DSKJLSW7X2PROD with PRESDOC VerDate Sep<11>2014 17:23 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\04FED0.SGM 04FED0 jbell on DSKJLSW7X2PROD with PRESDOC 8265
Federal Register Presidential Documents Vol. 86, No. 22
Thursday, February 4, 2021
Title 3— Proclamation 10144 of February 1, 2021
The President Adjusting Imports of Aluminum Into the United States
By the President of the United States of America
A Proclamation 1. Proclamation 10139 of January 19, 2021 (Adjusting Imports of Aluminum Into the United States), amended Proclamation 9704 (Adjusting Imports of Aluminum Into the United States), as amended, with respect to tariffs on certain imports of aluminum articles proclaimed under section 232 of the Trade Expansion Act, as amended (19 U.S.C. 1862). Proclamation 10139 provides that those amendments will not take effect until 12:01 a.m. on February 3, 2021. 2. I consider it is necessary and appropriate in light of our national security interests to maintain, at this time, the tariff treatment applied to aluminum article imports from the United Arab Emirates (UAE) under Proclamation 9704, as amended, as they are currently in effect as of this date. Accordingly, and as provided for in clause (6) of Proclamation 10139, I am terminating the modifications contained in that proclamation before they take effect. 3. Proclamation 9704 applied tariffs to help ensure the economic viability of the domestic aluminum industry—an industry that the Secretary of Com- merce had previously identified as essential to our critical industries and national defense. Because robust domestic aluminum production capacity is essential to meet our current and future national security needs, Proclama- tion 9704 aimed to revive idled aluminum facilities, open closed smelters and mills, preserve necessary skills, and maintain or increase domestic production by reducing United States reliance on foreign producers. 4. In my view, the available evidence indicates that imports from the UAE may still displace domestic production, and thereby threaten to impair our national security. Proclamation 9704 authorized the Secretary of Commerce to grant exclusions from the aluminum tariffs based on specific national security considerations or if specific imported aluminum articles were deter- mined not to be produced sufficiently in the United States, such that the imports would not diminish domestic production. Tellingly, there have been 33 such exclusion requests for aluminum imported from the UAE, covering 587,007 metric tons of articles, and the Secretary of Commerce has denied 32 of those requests, covering 582,007 metric tons. This indicates the large degree of overlap between imports from the UAE and what our domestic industry is capable of producing. 5. Since the tariff on aluminum imports was imposed, such imports substan- tially decreased, including a 25 percent reduction from the UAE, and domes- tic aluminum production increased by 22 percent through 2019, before the coronavirus pandemic began. In light of that history, I believe that maintain- ing the tariff is likely to be more effective in protecting our national security than the untested quota described in Proclamation 10139. 6. Section 232 of the Trade Expansion Act of 1962, as amended, authorizes the President to adjust the imports of an article and its derivatives that are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security. 7. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), authorizes the President to embody in the Harmonized Tariff Schedule of
VerDate Sep<11>2014 17:23 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\04FED0.SGM 04FED0 jbell on DSKJLSW7X2PROD with PRESDOC 8266 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Presidential Documents
the United States the substance of statutes affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 232 of the Trade Expansion Act of 1962, as amended, section 301 of title 3, United States Code, and section 604 of the Trade Act of 1974, as amended, do hereby proclaim that Proclamation 10139, including the Annex, is revoked. IN WITNESS WHEREOF, I have hereunto set my hand this first day of February, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty- fifth.
[FR Doc. 2021–02490 Filed 2–3–21; 11:15 am] Billing code 3295–F1–P
VerDate Sep<11>2014 17:23 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\04FED0.SGM 04FED0 jbell on DSKJLSW7X2PROD with PRESDOC BIDEN.EPS i
Reader Aids Federal Register Vol. 86, No. 22 Thursday, February 4, 2021
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY
Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 14 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 25...... 7799 97...... 7958, 7959 The United States Government Manual 741–6000 10139 (revoked by Proc. 10144) ...... 8265 17 CFR Other Services 10144...... 8265 143...... 7802 Electronic and on-line services (voice) 741–6020 Executive Orders: Privacy Act Compilation 741–6050 12898 (amended by 200...... 7961 14008) ...... 7619 232...... 7961, 7968 240...... 7637 ELECTRONIC RESEARCH 13895 (revoked by 14007) ...... 7615 18 CFR World Wide Web 14007...... 7615 14008...... 7619 153...... 7643 Full text of the daily Federal Register, CFR and other publications 14009...... 7793 157...... 7643 is located at: www.govinfo.gov. 250...... 8131 Administrative Orders: 292...... 8133 Memorandums: Federal Register information and research tools, including Public 385...... 8131 Inspection List and electronic text are located at: Memorandum of www.federalregister.gov. September 21, 2016 20 CFR (reinstated by EO 655...... 7927 E-mail 14008) ...... 7619 Proposed Rules: FEDREGTOC (Daily Federal Register Table of Contents Electronic Memorandum of January 13, 2021 ...... 7787 655...... 7656 Mailing List) is an open e-mail service that provides subscribers 656...... 7656 with a digital form of the Federal Register Table of Contents. The Presidential digital form of the Federal Register Table of Contents includes Determinations: 22 CFR HTML and PDF links to the full text of each document. No. 2021–03 of January 14, 2021 ...... 7789 35...... 7804 To join or leave, go to https://public.govdelivery.com/accounts/ 103...... 7804 USGPOOFR/subscriber/new, enter your email address, then 5 CFR 127...... 7804 follow the instructions to join, leave, or manage your 2634...... 7635 138...... 7804 subscription. 2636...... 7635 23 CFR PENS (Public Law Electronic Notification Service) is an e-mail 1201...... 7797 service that notifies subscribers of recently enacted laws. Proposed Rules: 7 CFR 470...... 7838 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1468...... 8113 635...... 7838 and select Join or leave the list (or change settings); then follow 655...... 7838 the instructions. 8 CFR 25 CFR FEDREGTOC and PENS are mailing lists only. We cannot 214...... 7927 respond to specific inquiries. 575...... 7646 10 CFR Reference questions. Send questions and comments about the Proposed Rules: Federal Register system to: [email protected] 431...... 7798 1000...... 7656 1061...... 7799 The Federal Register staff cannot interpret specific documents or 26 CFR Proposed Rules: regulations. 30...... 7819 Proposed Rules: 32...... 7819 1...... 7986, 7987 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 50...... 7820 29 CFR 7615–7786...... 1 12 CFR 18...... 7927 7787–7926...... 2 217...... 7927 22...... 7807 7927–8112...... 3 225...... 7927 503...... 7927 8113–8266...... 4 238...... 7927 1986...... 7807 252...... 7927 303...... 8089 30 CFR 308...... 8104 1241...... 7808 338...... 8082 362...... 8098 31 CFR 390 ...... 8082, 8089, 8098, 8104 1010...... 7810 791...... 7949 33 CFR Proposed Rules: 7...... 7979 110...... 7647 303...... 8145 117...... 7649 333...... 8145 165 ...... 7651, 7810, 7972, 8140 335...... 8145 Proposed Rules: 390...... 8145 165...... 8157
VerDate Sep 11 2014 18:22 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\04FECU.LOC 04FECU jbell on DSKJLSW7X2PROD with FR_CU ii Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Reader Aids
34 CFR 36...... 7811 1001...... 7815 64...... 7681 42...... 7811 36...... 7974 43 CFR 668...... 7974 50 CFR 39 CFR 10...... 7653 622...... 7815, 7977 37 CFR Proposed Rules: 20...... 7659 47 CFR 679 (3 documents) ...... 7816, 10...... 7653 Proposed Rules: 7817, 7818 42 CFR 2...... 7660 Proposed Rules: 38 CFR 423...... 7813 25...... 7660 223...... 7686 4...... 8142 486...... 7814 51...... 7839 226...... 7686
VerDate Sep 11 2014 18:22 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\04FECU.LOC 04FECU jbell on DSKJLSW7X2PROD with FR_CU Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Reader Aids iii
listserv.gsa.gov/cgi-bin/ wa.exe?SUBED1=PUBLAWS- LIST OF PUBLIC LAWS Public Laws Electronic L&A=1 Notification Service Note: No public bills which (PENS) Note: This service is strictly have become law were for email notification of new received by the Office of the laws. The text of laws is not Federal Register for inclusion PENS is a free email available through this service. in today’s List of Public notification service of newly PENS cannot respond to Laws. enacted public laws. To specific inquiries sent to this Last List January 25, 2021 subscribe, go to https:// address.
VerDate Sep 11 2014 18:22 Feb 03, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\04FECU.LOC 04FECU jbell on DSKJLSW7X2PROD with FR_CU