Federal Register

Home , 1999 in radio, Agricultural Act of 2014, Executive Order 13990, KMWA, WQQW (Illinois)

FEDERAL REGISTER

Vol. 86 Monday No. 73 April 19, 2021

Pages 20249–20434

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 18:01 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\19APWS.LOC 19APWS jbell on DSKJLSW7X2PROD with FR_WS II Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021

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

Prin~d oo recycled papN.

VerDate Sep 11 2014 18:01 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\19APWS.LOC 19APWS

jbell on DSKJLSW7X2PROD with FR_WS * III

Contents Federal Register Vol. 86, No. 73

Monday, April 19, 2021

Agricultural Marketing Service Employee Benefits Security Administration RULES NOTICES Cotton Research and Promotion Program: Exemption: Procedures for Conduct of Sign-Up Period, 20255–20258 Certain Prohibited Transaction Restrictions Involving Modification of Assessment Rate: DWS Investment Management Americas, Inc. (DIMA Tart Cherries Grown in the States of Michigan, New York, or the Applicant) and Certain Current and Future Pennsylvania, Oregon, Utah, Washington, and Asset Management Affiliates of Deutsche Bank AG Wisconsin, 20253–20255 (Each a DB QPAM) Located in New York, New York, 20410–20417 Agriculture Department See Agricultural Marketing Service Energy Department See Forest Service See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Bureau of Consumer Financial Protection Energy Conservation Standards for Consumer Clothes PROPOSED RULES Dryers, Webinar and Availability of the Preliminary Debt Collection Practices (Regulation F); Delay of Effective Technical Support Document, 20327–20334 Date, 20334–20336 Environmental Protection Agency Civil Rights Commission RULES NOTICES Air Quality State Implementation Plans; Approvals and Meetings: Promulgations: Georgia Advisory Committee, 20362–20363 Arkansas; Arkansas Regional Haze and Visibility Transport State Implementation Plan Revisions; Correction, 20289–20290 Coast Guard Pesticide Tolerances: PROPOSED RULES Metaflumizone, 20290–20294 Drawbridge Operations: PROPOSED RULES Milwaukee, Menomonee, and Kinnickinnic Rivers and Air Quality State Implementation Plans; Approvals and Burnham Canals, Milwaukee, WI, 20344–20348 Promulgations: NOTICES Montana; Butte PM10 Nonattainment Area Limited Environmental Impact Statements; Availability, etc.: Maintenance Plan and Redesignation Request, Waterways Commerce Cutter Acquisition Program, 20353–20359 20376–20379

Federal Aviation Administration Commerce Department RULES See Economic Analysis Bureau Airspace Designations and Reporting Points: See International Trade Administration Kremmling, CO, 20269–20270 See National Institute of Standards and Technology Meeker, CO, 20270–20271 See National Oceanic and Atmospheric Administration Airworthiness Directives: See Office of the Under-Secretary for Economic Affairs Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Drug Enforcement Administration Partnership (CSALP); Bombardier, Inc.) Airplanes, 20266–20269 RULES Special Conditions: Schedules of Controlled Substances: Airbus Helicopters Model H160B Helicopter; Use of 30- Removal of Samidorphan From Control, 20284–20286 Minute All Engines Operating Power Rating, 20264– 20266 Economic Analysis Bureau Standard Instrument Approach Procedures, and Takeoff NOTICES Minimums and Obstacle Departure Procedures; Meetings: Miscellaneous Amendments, 20271–20278 Bureau of Economic Analysis Advisory Committee, PROPOSED RULES 20363–20364 Airworthiness Directives: Airbus Helicopters Deutschland GmbH (AHD) Helicopters, 20341–20344 Education Department Leonardo S.p.a. (Type Certificates Previously Held by PROPOSED RULES Agusta S.p.A. and AgustaWestland S.p.A.) Proposed Priorities: Helicopters, 20338–20341 American History and Civics Education, 20348–20351 Leonardo S.p.a. Helicopters, 20336–20338

VerDate Sep<11>2014 18:49 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\19APCN.SGM 19APCN jbell on DSKJLSW7X2PROD with CONTENTS IV Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Contents

NOTICES Federal Energy Regulatory Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Combined Filings, 20368–20369 Commercial Air Tour Limitations in the Grand Canyon National Park Special Flight Rules Area, 20431 Federal Reserve System NOTICES Federal Communications Commission Change in Bank Control: RULES Acquisitions of Shares of a Bank or Bank Holding Auction of AM and FM Broadcast Construction Permits: Company, 20370 Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 109, Fish and Wildlife Service 20294–20311 RULES Harvest Regulations for Migratory Birds in Alaska During Federal Election Commission the 2021 Season: NOTICES Migratory Bird Subsistence Harvest in Alaska, 20311– Meetings; Sunshine Act, 20369–20370 20319 Food and Drug Administration Federal Emergency Management Agency RULES NOTICES Medical Devices: Major Disaster and Related Determinations: Medical Device Classification Regulations To Conform to Idaho, 20386 Medical Software Provisions in the 21st Century Louisiana, 20382 Cures Act, 20278–20284 North Carolina, 20391–20392 Texas, 20382–20383 Foreign Assets Control Office Major Disaster Declaration: NOTICES Alabama; Amendment No. 2, 20380–20381 Blocking or Unblocking of Persons and Properties, 20433– Alaska; Amendment No. 3, 20383 20434 American Samoa; Amendment No. 2, 20386 Arizona; Amendment No. 3, 20394–20395 Forest Service Arkansas; Amendment No. 2, 20394 NOTICES Commonwealth of the Northern Mariana Islands; Meetings: Amendment No. 2, 20389 Eastern Idaho Resource Advisory Committee, 20362 Commonwealth of the Northern Mariana Islands; El Dorado County Resource Advisory Committee, 20361 Amendment No. 3, 20387–20388 South Central Idaho Resource Advisory Committee, Connecticut; Amendment No. 3, 20397 20361–20362 Delaware; Amendment No. 3, 20380 District of Columbia; Amendment No. 3, 20390 General Services Administration Georgia; Amendment No. 2, 20396 PROPOSED RULES Hawaii; Amendment No. 3, 20395–20396 Acquisition Regulation: Idaho; Amendment No. 3, 20388 Remove Office of General Counsel Review for Final Indiana; Amendment No. 3, 20384–20385 Payments, 20359–20360 Kansas; Amendment No. 3, 20385 Maine; Amendment No. 3, 20384 Health and Human Services Department Minnesota; Amendment No. 3, 20392 See Food and Drug Administration Mississippi; Amendment No. 2, 20383–20384 See Health Resources and Services Administration Montana; Amendment No. 3, 20384 See National Institutes of Health Navajo Nation; Amendment No. 2, 20395 See Substance Abuse and Mental Health Services Nebraska; Amendment No. 3, 20397–20398 Administration Nevada; Amendment No. 3, 20381 NOTICES New Hampshire; Amendment No. 3, 20386–20387 Meetings: New Mexico; Amendment No. 2, 20388 COVID–19 Health Equity Task Force, 20374–20375 North Dakota; Amendment No. 3, 20388–20389 Ohio; Amendment No. 3, 20389–20390 Health Resources and Services Administration Oklahoma; Amendment No. 2, 20390 NOTICES Pennsylvania; Amendment No. 3, 20396 Agency Information Collection Activities; Proposals, Rhode Island; Amendment No. 3, 20393 Submissions, and Approvals: Seminole Tribe of Florida; Amendment No. 1, 20381 National Survey of Organ Donation Attitudes and South Dakota; Amendment No. 3, 20387 Practices, 20374 Tennessee; Amendment No. 2, 20393–20394 The Maternal, Infant, and Early Childhood Home Visiting Utah; Amendment No. 3, 20396–20397 Program Performance Measurement Information Vermont; Amendment No. 3, 20392 System, 20372–20374 Virgin Islands; Amendment No. 5, 20391 List of Petitions Received: Virginia; Amendment No. 3, 20380 National Vaccine Injury Compensation Program, 20371– Washington; Amendment No. 1, 20394 20372 West Virginia; Amendment No. 3, 20385–20386 Wisconsin; Amendment No. 3, 20393 Homeland Security Department Wyoming; Amendment No. 3, 20390–20391 See Coast Guard

VerDate Sep<11>2014 18:49 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\19APCN.SGM 19APCN jbell on DSKJLSW7X2PROD with CONTENTS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Contents V

See Federal Emergency Management Agency Land Management Bureau See U.S. Citizenship and Immigration Services NOTICES PROPOSED RULES Temporary Closure on Public Lands in Mohave County, Minimum Standards for Driver’s Licenses and Identification AZ, 20406 Cards Acceptable by Federal Agencies for Official Purposes; Mobile Driver’s Licenses, 20320–20326 National Credit Union Administration RULES Housing and Urban Development Department Prompt Corrective Action: NOTICES Temporary Regulatory Relief in Response to COVID–19, Agency Information Collection Activities; Proposals, 20258–20264 Submissions, and Approvals: Continuum of Care Program Registration, 20401–20402 National Highway Traffic Safety Administration Environmental Impact Statements; Availability, etc.: NOTICES One San Pedro Specific Plan Project in Los Angeles City, Agency Information Collection Activities; Proposals, CA; Correction, 20400–20401 Submissions, and Approvals: National 911 Profile Database, 20431–20433 Indian Affairs Bureau NOTICES National Institute of Standards and Technology Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Probate of Indian Estates, Except for Members of the Submissions, and Approvals: Osage Nation and Five Civilized Tribes, 20402–20403 Safety and Health Information Collection, 20366–20367 Meetings: Bureau of Indian Education School Reopening Plans, National Institutes of Health 20403 NOTICES Meetings: Interior Department Center for Scientific Review, 20375 See Fish and Wildlife Service National Oceanic and Atmospheric Administration See Indian Affairs Bureau NOTICES See Land Management Bureau Agency Information Collection Activities; Proposals, See Reclamation Bureau NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Evaluation of Public Visitors’ Experience at the National Submissions, and Approvals: Marine Sanctuaries Visitor Centers and Exhibits, Generic Clearance for the Collection of Qualitative 20367–20368 Feedback on Agency Service Delivery, 20403–20404 Nuclear Regulatory Commission Programmatic Clearance for Customer Satisfaction NOTICES Surveys, 20404–20406 Exemption; Issuance: International Trade Administration Exelon Generation Company, LLC; Nine Mile Point Nuclear Station, Unit 1, 20417–20420 NOTICES Antidumping or Countervailing Duty Investigations, Orders, Office of the Under-Secretary for Economic Affairs or Reviews: NOTICES Silicon Metal From Bosnia and Herzegovina and Iceland, Meetings: 20364–20365 Advisory Committee on Data for Evidence Building, Silicon Metal From the Republic of Kazakhstan, 20365– 20363 20366 Postal Regulatory Commission International Trade Commission PROPOSED RULES NOTICES Periodic Reporting, 20351–20353 Complaint: NOTICES Certain Fitness Devices, Streaming Components Thereof, New Postal Products, 20420–20421 and Systems Containing Same, 20409–20410 Investigations; Determinations, Modifications, and Rulings, Postal Service etc.: RULES Certain Foam Footwear, 20408–20409 Treatment of E-Cigarettes in the Mail, 20287–20289

Justice Department Presidential Documents See Drug Enforcement Administration EXECUTIVE ORDERS Russian Federation; Blocking Property With Respect to Labor Department Specified Harmful Foreign Activities of the See Employee Benefits Security Administration Government (EO 14024), 20249–20252 NOTICES Agency Information Collection Activities; Proposals, Reclamation Bureau Submissions, and Approvals: NOTICES Office of Federal Contract Compliance Programs Environmental Impact Statements; Availability, etc.: Construction Recordkeeping and Reporting White Mountain Apache Tribe Rural Water System Requirements, 20417 Project, Apache County, AZ, 20406–20408

VerDate Sep<11>2014 18:49 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\19APCN.SGM 19APCN jbell on DSKJLSW7X2PROD with CONTENTS VI Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Contents

Securities and Exchange Commission Transportation Department NOTICES See Federal Aviation Administration Application: See National Highway Traffic Safety Administration The Advisors’ Inner Circle Fund, Cambiar Investors, LLC and SEI Investments Distribution Co., 20428–20429 Treasury Department Meetings; Sunshine Act, 20429 See Foreign Assets Control Office Self-Regulatory Organizations; Proposed Rule Changes: See United States Mint Cboe C2 Exchange, Inc., 20421–20426 NOTICES Miami International Securities Exchange, LLC, 20426– Request for Applications: 20428 Membership on the Federal Insurance Office’s Federal Advisory Committee on Insurance, 20434

Small Business Administration U.S. Citizenship and Immigration Services NOTICES NOTICES Agency Information Collection Activities; Proposals, Identifying Barriers Across Benefits and Services, 20398– Submissions, and Approvals, 20429–20430 20400

State Department United States Mint RULES NOTICES Change to Certification Authority for the Alien Physician Establish Price for 2021 United States Mint Numismatic Category of the Exchange Visitor Program, 20286– Product, 20434 20287 NOTICES Guidance: Reader Aids Additions to the Countering America’s Adversaries Consult the Reader Aids section at the end of this issue for Through Sanctions Act Guidance, 20430–20431 phone numbers, online resources, finding aids, and notice of recently enacted public laws. Substance Abuse and Mental Health Services To subscribe to the Federal Register Table of Contents Administration electronic mailing list, go to https://public.govdelivery.com/ NOTICES accounts/USGPOOFR/subscriber/new, enter your e-mail Meetings: address, then follow the instructions to join, leave, or Advisory Committee for Women’s Services, 20375–20376 manage your subscription.

VerDate Sep<11>2014 18:49 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\19APCN.SGM 19APCN jbell on DSKJLSW7X2PROD with CONTENTS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 14024...... 20249 6 CFR Proposed Rules: 37...... 20320 7 CFR 930...... 20253 1205...... 20255 10 CFR Proposed Rules: 430...... 20327 12 CFR 702...... 20258 Proposed Rules: 1006...... 20334 14 CFR 29...... 20264 39...... 20266 71 (2 documents) ...... 20269, 20270 97 (2 documents) ...... 20271, 20276 Proposed Rules: 39 (3 documents) ...... 20336, 20338, 20341 21 CFR 862...... 20278 866...... 20278 880...... 20278 884...... 20278 892...... 20278 1308...... 20284 22 CFR 62...... 20286 33 CFR Proposed Rules: 117...... 20344 34 CFR Proposed Rules: Ch. II ...... 20348 39 CFR 113...... 20287 Proposed Rules: 3050...... 20351 40 CFR 52...... 20289 180...... 20290 Proposed Rules: 52...... 20353 81...... 20353 47 CFR 1...... 20294 73...... 20294 48 CFR Proposed Rules: 532...... 20359 50 CFR 92...... 20311

VerDate Sep 11 2014 18:01 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\19APLS.LOC 19APLS jbell on DSKJLSW7X2PROD with FR_LS 20249

Federal Register Presidential Documents Vol. 86, No. 73

Monday, April 19, 2021

Title 3— Executive Order 14024 of April 15, 2021

The President Blocking Property With Respect To Specified Harmful For- eign Activities of the Government of the Russian Federation

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, JOSEPH R. BIDEN JR., President of the United States of America, find that specified harmful foreign activities of the Government of the Russian Federation—in particular, efforts to undermine the conduct of free and fair democratic elections and democratic institutions in the United States and its allies and partners; to engage in and facilitate malicious cyber-enabled activities against the United States and its allies and partners; to foster and use transnational corruption to influence foreign governments; to pursue extraterritorial activities targeting dissidents or journalists; to undermine security in countries and regions important to United States national security; and to violate well-established principles of international law, including respect for the territorial integrity of states—constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. I hereby declare a national emergency to deal with that threat. Accordingly, I hereby order: Section 1. All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (a) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, and, with respect to subsection (a)(ii) of this section, in consultation with the Attorney General, or by the Secretary of State, in consultation with the Secretary of the Treasury, and, with respect to subsection (a)(ii) of this section, in consultation with the Attorney General: (i) to operate or have operated in the technology sector or the defense and related materiel sector of the Russian Federation economy, or any other sector of the Russian Federation economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State; (ii) to be responsible for or complicit in, or to have directly or indirectly engaged or attempted to engage in, any of the following for or on behalf of, or for the benefit of, directly or indirectly, the Government of the Russian Federation: (A) malicious cyber-enabled activities; (B) interference in a United States or other foreign government election; (C) actions or policies that undermine democratic processes or institutions in the United States or abroad; (D) transnational corruption;

VerDate Sep<11>2014 15:45 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\19APE0.SGM 19APE0 jbell on DSKJLSW7X2PROD with EXECORD 20250 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Presidential Documents

(E) assassination, murder, or other unlawful killing of, or infliction of other bodily harm against, a United States person or a citizen or national of a United States ally or partner; (F) activities that undermine the peace, security, political stability, or territorial integrity of the United States, its allies, or its partners; or (G) deceptive or structured transactions or dealings to circumvent any United States sanctions, including through the use of digital currencies or assets or the use of physical assets; (iii) to be or have been a leader, official, senior executive officer, or member of the board of directors of: (A) the Government of the Russian Federation; (B) an entity that has, or whose members have, engaged in any activity described in subsection (a)(ii) of this section; or (C) an entity whose property and interests in property are blocked pursuant to this order; (iv) to be a political subdivision, agency, or instrumentality of the Govern- ment of the Russian Federation; (v) to be a spouse or adult child of any person whose property and interests in property are blocked pursuant to subsection (a)(ii) or (iii) of this section; (vi) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of: (A) any activity described in subsection (a)(ii) of this section; or (B) any person whose property and interests in property are blocked pursuant to this order; or (vii) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, the Government of the Russian Federation or any person whose property and interests in property are blocked pursuant to this order. (b) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, a government whose property and interests in property are blocked pursuant to chapter V of title 31 of the Code of Federal Regula- tions or another Executive Order, and to be: (i) a citizen or national of the Russian Federation; (ii) an entity organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation (including foreign branches); or (iii) a person ordinarily resident in the Russian Federation. (c) any person determined by the Secretary of State, in consultation with the Secretary of the Treasury, to be responsible for or complicit in, or to have directly or indirectly engaged in or attempted to engage in, cutting or disrupting gas or energy supplies to Europe, the Caucasus, or Asia, and to be: (i) an individual who is a citizen or national of the Russian Federation; or (ii) an entity organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation (including foreign branches). (d) The prohibitions in subsections (a), (b), and (c) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order. Sec. 2. The prohibitions in section 1 of this order include:

VerDate Sep<11>2014 15:45 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\19APE0.SGM 19APE0 jbell on DSKJLSW7X2PROD with EXECORD Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Presidential Documents 20251

(a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 3. (a) The unrestricted immigrant and nonimmigrant entry into the United States of noncitizens determined to meet one or more of the criteria in section 1 of this order would be detrimental to the interests of the United States, and the entry of such persons into the United States, as immigrants or nonimmigrants, is hereby suspended, except when the Sec- retary of State or the Secretary of Homeland Security, as appropriate, determines that the person’s entry would not be contrary to the interests of the United States, including when the Secretary of State or the Secretary of Homeland Security, as appropriate, so determines, based on a recommendation of the Attorney General, that the person’s entry would further important United States law enforcement objectives. (b) The Secretary of State shall implement this authority as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish. (c) The Secretary of Homeland Security shall implement this order as it applies to the entry of noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish. (d) Such persons shall be treated by this section in the same manner as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). Sec. 4. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 5. I hereby determine that the making of donations of the types of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 6. For the purposes of this order: (a) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (b) the term ‘‘Government of the Russian Federation’’ means the Govern- ment of the Russian Federation, any political subdivision, agency, or instrumentality thereof, including the Central Bank of the Russian Federation, and any person owned, controlled, or directed by, or acting for or on behalf of, the Government of the Russian Federation; (c) the term ‘‘noncitizen’’ means any person who is not a citizen or noncitizen national of the United States; (d) the term ‘‘person’’ means an individual or entity; and (e) the term ‘‘United States person’’ means any United States citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual.

VerDate Sep<11>2014 15:45 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\19APE0.SGM 19APE0 jbell on DSKJLSW7X2PROD with EXECORD 20252 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Presidential Documents

I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All departments and agencies of the United States shall take all appropriate measures within their authority to carry out the provisions of this order. Sec. 9. Nothing in this order shall prohibit transactions for the conduct of the official business of the Federal Government or the United Nations (including its specialized agencies, programs, funds, and related organizations) by employees, grantees, and contractors thereof. Sec. 10. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to submit recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). Sec. 11. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, April 15, 2021.

[FR Doc. 2021–08098 Filed 4–16–21; 8:45 am] Billing code 3295–F1–P

VerDate Sep<11>2014 15:45 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\19APE0.SGM 19APE0 jbell on DSKJLSW7X2PROD with EXECORD BIDEN.EPS 20253

Rules and Regulations Federal Register Vol. 86, No. 73

Monday, April 19, 2021

This section of the FEDERAL REGISTER amends regulations issued to carry out and promotion activities from $0.005 to contains regulatory documents having general a marketing order as defined in 7 CFR $0.00275 per pound of tart cherries and applicability and legal effect, most of which 900.2(j). This rule is issued under increases the portion allocated to are keyed to and codified in the Code of Marketing Agreement and Order No. administrative expenses from $0.00075 Federal Regulations, which is published under 930, both as amended (7 CFR part 930), to $0.003 per pound of tart cherries. The 50 titles pursuant to 44 U.S.C. 1510. regulating the handling of tart cherries overall assessment rate established for The Code of Federal Regulations is sold by produced in the States of Michigan, the Board for the 2020–21 and the Superintendent of Documents. New York, Pennsylvania, Oregon, Utah, subsequent fiscal periods remains Washington, and Wisconsin. Part 930 unchanged at $0.00575 per pound of tart (referred to as the ‘‘Order’’) is effective cherries. DEPARTMENT OF AGRICULTURE under the Agricultural Marketing The Order provides authority for the Agreement Act of 1937, as amended (7 Agricultural Marketing Service Board, with the approval of USDA, to U.S.C. 601–674), hereinafter referred to formulate an annual budget of expenses as the ‘‘Act.’’ The Board locally 7 CFR Part 930 and collect assessments from handlers administers the Order and is comprised to administer the program. The [Doc. No. AMS–SC–20–0079; SC20–930–4 of producers and handlers of tart members are familiar with the Board’s FR] cherries operating within the needs and with the costs of goods and production area, and a public member. Tart Cherries Grown in the States of services in their local areas and are thus The Department of Agriculture in a position to formulate an appropriate Michigan, New York, Pennsylvania, (USDA) is issuing this rule in Oregon, Utah, Washington, and budget and assessment rate. The conformance with Executive Orders assessment rate is formulated and Wisconsin; Modification of 13563 and 13175. This action falls Assessment Rate discussed in a public meeting. Thus, all within a category of regulatory actions directly affected persons have an AGENCY: Agricultural Marketing Service, that the Office of Management and opportunity to participate and provide Department of Agriculture (USDA). Budget (OMB) exempted from Executive input. Order 12866 review. ACTION: Final rule. This rule has been reviewed under For the 2019–20 fiscal period, the Board recommended, and USDA SUMMARY: This rule implements a Executive Order 12988, Civil Justice Reform. Under the Order now in effect, approved, an assessment rate of recommendation from the Cherry $0.00575 per pound of tart cherries that Industry Administrative Board (Board) tart cherry handlers are subject to assessments. Funds to administer the would continue in effect from fiscal to decrease the portion of assessments period to fiscal period unless modified, allocated to research and promotion Order are derived from such assessments. It is intended that the suspended, or terminated by USDA activities and increase the portion upon recommendation and information allocated to administrative expenses. assessment rate will be applicable to all assessable tart cherries for the 2020–21 submitted by the Committee or other The overall assessment rate remains information available to USDA. unchanged. The assessment rate will crop year and continue until amended, remain in effect indefinitely unless suspended, or terminated. During the September 10, 2020, modified, suspended, or terminated. The Act provides that administrative meeting, the Board recommended 2020– proceedings must be exhausted before 21 expenditures of $795,000 and an DATES: Effective May 19, 2021. parties may file suit in court. Under assessment rate of $0.00575 per pound FOR FURTHER INFORMATION CONTACT: section 608c(15)(A) of the Act, any of tart cherries. In comparison, last Thomas Nalepa, Marketing Specialist, or handler subject to an order may file year’s budgeted expenditures were Christian D. Nissen, Regional Director, with USDA a petition stating that the $1,956,500. The total assessment rate Southeast Marketing Field Office, order, any provision of the order, or any remains unchanged by this action. Marketing Order and Agreement obligation imposed in connection with However, this rule decreases the portion Division, Specialty Crops Program, the order is not in accordance with law of the assessment rate allocated to AMS, USDA; Telephone: (863) 324– and request a modification of the order research and promotion activities from 3375, Fax: (863) 291–8614, or email: or to be exempted therefrom. Such $0.005 to $0.00275 per pound of tart [email protected] or handler is afforded the opportunity for cherries and increases the portion [email protected]. a hearing on the petition. After the allocated to administrative expenses Small businesses may request hearing, USDA would rule on the from $0.00075 to $0.003 per pound of information on complying with this petition. The Act provides that the tart cherries. This shift in allocation will regulation by contacting Richard Lower, district court of the United States in any allow the Board to fund its Marketing Order and Agreement district in which the handler is an administrative obligations while Division, Specialty Crops Program, inhabitant, or has his or her principal continuing limited research and AMS, USDA, 1400 Independence place of business, has jurisdiction to promotion activities to help market this Avenue SW, STOP 0237, Washington, review USDA’s ruling on the petition, season’s below-average crop. The DC 20250–0237; Telephone: (202) 720– provided an action is filed not later than revised allocation should ensure the 2491, or Email: Richard.Lower@ 20 days after the date of the entry of the availability of adequate administrative usda.gov. ruling. funds despite a significant draw-down SUPPLEMENTARY INFORMATION: This This rule decreases the portion of the in reserves resulting from the 2019–20 action, pursuant to 5 U.S.C. 553, assessment rate allocated to research crop year assessment rate reduction.

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20254 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

The major expenditures AMS has prepared this final regulatory tart cherries. The overall assessment rate recommended by the Board for the flexibility analysis. established for the Board for the 2019– 2020–21 year include $350,000 for The purpose of the RFA is to fit 20 and subsequent fiscal periods research and promotion, $255,000 for regulatory actions to the scale of remains unchanged at $0.00575 per salaries and wages, and $130,000 for businesses subject to such actions in pound of tart cherries. The volume of other administrative expenses. Budgeted order that small businesses will not be assessable tart cherries for the 2020–21 expenses for these items in 2019–2020 unduly or disproportionately burdened. season is estimated at 141.46 million were $1,514,500, $250,000, and Marketing orders issued pursuant to the pounds. Thus, the $0.00575 rate should $130,000, respectively. Act, and rules issued thereunder, are provide $813,395 in assessment income The Board derived the recommended unique in that they are brought about (141.46 million pounds × $0.00575/ assessment rate by considering through group action of essentially pound). The Board anticipates that due anticipated administrative expenses, an small entities acting on their own to approved exemptions and loss estimated crop of 141.46 million pounds behalf. adjustments the total income from of tart cherries (down from last year’s There are approximately 400 assessments will be $783,992. Income production of 236.3 million pounds), producers of tart cherries in the derived from handler assessments, along the current status of reserves, and the regulated area and approximately 40 with interest income and funds from the needs of the industry with regards to handlers of tart cherries who are subject Board’s authorized reserve, should be research and promotion activities. to regulation under the Order. Small adequate to cover budgeted expenses. Income derived from handler agricultural producers are defined by The major expenditures assessments is calculated at $813,395 the Small Business Administration recommended by the Board for the (141.46 million pounds × $0.00575/ (SBA) as those having annual receipts of 2020–21 year include $350,000 for pound). The Board anticipates that due less than $1,000,000 and small research and promotion, $255,000 for to approved exemptions and loss agricultural service firms have been salaries and wages, and $130,000 for defined as those whose annual receipts adjustments the actual income from other administrative expenses. Budgeted are less than $30,000,000 (13 CFR assessments will be closer to $783,992. expenses for these items in 2019–20 121.201). were $1,514,500, $250,000, and Assessment income, along with interest According to the National $130,000, respectively. income and funds from the Board’s Agricultural Statistics Service (NASS) authorized reserve, should be adequate and Board data, the average annual This rule shifts the allocation of the to cover budgeted expenses of $795,000. grower price for tart cherries during the assessment rate to decrease the portion Funds in the reserve are estimated to be 2019–20 season was approximately allotted for research and promotion, $75,096 at the end of the 2020–21 fiscal $0.15 per pound. With total utilization while increasing the amount allocated year. at 236.3 million pounds, the total 2019– for administrative costs. This The assessment rate established in 20 crop value is estimated at $35.45 adjustment should provide enough this rule will continue in effect million. Dividing the crop value by the funds for the Board’s administrative indefinitely unless modified, estimated number of producers (400) obligations and decrease the funding for suspended, or terminated by USDA yields an estimated average receipt per research and promotion activities to upon recommendation and information producer of $88,613. This is well below reflect the significant reduction in the submitted by the Board or other the SBA threshold for small producers. 2020–21 crop. available information. A free on board (FOB) price of $0.82 Prior to arriving at this budget and Although this assessment rate will be per pound for processed tart cherries assessment rate, the Board considered in effect for an indefinite period, the was derived from USDA’s 2020 production history, crop estimates, its Board will continue to meet prior to or purchases of dried tart cherries at an financial statements, and the need to during each fiscal period to recommend average price of $4.11 per pound. The meet its administrative obligations and a budget of expenses and consider dried cherry price was converted to a maintain some marketing efforts to recommendations for modification of raw product equivalent price at an increase demand for tart cherries. The the assessment rate. The dates and times industry recognized ratio of five to one. Board discussed alternatives, including of Board meetings are available from the Based on utilization, this price raising the assessment rate and Board or USDA. Board meetings are represents a good estimate of the price borrowing funds; however, they were open to the public and interested for processed cherries. Multiplying this rejected due to the burden of increasing persons may express their views at these FOB price by total utilization of 236.3 assessments on handlers and the cost of meetings. USDA will evaluate Board million pounds results in an estimated debt due to financing. The Board recommendations and other available handler-level tart cherry value of $193.8 determined that 2020–21 expenditures information to determine whether million. Dividing this figure by the of $795,000 were appropriate, and the modification of the assessment rate is number of handlers (40) yields recommended assessment rate and needed. Further rulemaking will be estimated average annual handler allocation, along with funds from undertaken as necessary. The Board’s receipts of $4.8 million, which is below interest income, and funds from 2020–21 budget and those for the SBA threshold for small agricultural reserves, would be adequate to cover the subsequent fiscal periods will be service firms. Assuming a normal budgeted expenses. reviewed and, as appropriate, approved distribution, the majority of producers A review of historical information and by USDA. and handlers of tart cherries may be preliminary information pertaining to classified as small entities. the upcoming fiscal year indicates that Final Regulatory Flexibility Analysis This final rule decreases the portion the average grower price for the 2020– Pursuant to requirements set forth in of the assessment rate allocated to 21 season should be approximately the Regulatory Flexibility Act (RFA) (5 research and promotion activities from $0.19 per pound of tart cherries. U.S.C. 601–612), the Agricultural $0.005 to $0.00275 per pound of tart According to NASS statistics, this price Marketing Service (AMS) has cherries and increases the portion is the average of the past three years. considered the economic impact of this allocated to administrative expenses Therefore, the estimated assessment rule on small entities. Accordingly, from $0.00075 to $0.003 per pound of revenue for the 2020–21 crop year as a

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20255

percentage of total grower revenue will growers suffered an unfair financial pound of tart cherries to cover be approximately 3.0 percent. burden with respect to assessments. administrative expenses. This action will not increase the While this action does increase the Bruce Summers, assessment obligation imposed on portion of the assessment rate dedicated handlers. Assessments are applied to administrative expenses, it decreases Administrator, Agricultural Marketing Service. uniformly on all handlers, and some of the portion dedicated to research and the costs may be passed on to promotion. This action does not change [FR Doc. 2021–07954 Filed 4–16–21; 8:45 am] producers. However, these costs will be the overall assessment rate currently in BILLING CODE P offset by the benefits derived by the effect and will not increase the operation of the marketing order. assessment cost on small or large DEPARTMENT OF AGRICULTURE The Board’s meeting was widely handlers. The assessment rate is also publicized throughout the tart cherry calculated on a per pound basis so the Agricultural Marketing Service industry. All interested persons were cost to small and large handlers is invited to attend the meeting and shared proportionally based on their 7 CFR Part 1205 participate in Board deliberations on all production volume. Accordingly, no issues. Like all Board meetings, the changes will be made to the rule as [Doc. No. AMS–CN–20–0097] September 10, 2020, meeting was a proposed, based on the comment Cotton Research and Promotion public meeting, and all entities, both received. large and small, were able to express Program: Procedures for Conduct of views on this issue. A small business guide on complying Sign-Up Period In accordance with the Paperwork with fruit, vegetable, and specialty crop AGENCY: Agricultural Marketing Service Reduction Act of 1995 (44 U.S.C. marketing agreements and orders may Chapter 35), the Order’s information be viewed at: https:// (AMS), Department of Agriculture collection requirements have been www.ams.usda.gov/rules-regulations/ (USDA). previously approved by the OMB and moa/small-businesses. Any questions ACTION: Direct final rule. assigned OMB No. 0581–0177, Tart about the compliance guide should be sent to Richard Lower at the previously SUMMARY: This direct final rule amends Cherries Grown in the States of the rules and regulations regarding the Michigan, New York, Pennsylvania, mentioned address in the FOR FURTHER INFORMATION CONTACT section. procedures for the conduct of a sign-up Oregon, Utah, Washington, and period for eligible cotton producers and Wisconsin. No changes in those After consideration of all relevant importers to request a continuance requirements will be necessary as a material presented, including the referendum on the 1991 amendments to result of this rule. Should any changes information and recommendation the Cotton Research and Promotion become necessary, they would be submitted by the Board and other Order (Order) provided for in the Cotton submitted to OMB for approval. available information, it is hereby found Research and Promotion Act (Act) This rule imposes no additional that this rule will tend to effectuate the amendments of 1990. The amendments reporting or recordkeeping requirements declared policy of the Act. update various dates, name changes, on either small or large tart cherry addresses, and make other handlers. As with all Federal marketing List of Subjects in 7 CFR Part 930 administrative changes. order programs, reports and forms are Marketing agreements, Reporting and periodically reviewed to reduce DATES: This direct rule is effective June recordkeeping requirements, Tart 18, 2021, without further action or information requirements and cherries. duplication by industry and public notice, unless significant adverse sector agencies. As noted in the initial For the reasons set forth in the comment is received by May 19, 2021. regulatory flexibility analysis, USDA preamble, 7 CFR part 930 is amended as If significant adverse comment is has not identified any relevant Federal follows: received, AMS will publish a timely rules that duplicate, overlap, or conflict withdrawal of the amendment in the with this rule. PART 930—TART CHERRIES GROWN Federal Register. AMS is committed to complying with IN THE STATES OF MICHIGAN, NEW ADDRESSES: Written comments may be the E-Government Act, to promote the YORK, PENNSYLVANIA, OREGON, submitted to the addresses specified use of the internet and other UTAH, WASHINGTON, AND below. All comments will be made information technologies to provide WISCONSIN available to the public. Please do not increased opportunities for citizen include personally identifiable access to Government information and ■ 1. The authority citation for 7 CFR information (such as name, address, or services, and for other purposes. part 930 continues to read as follows: other contact information) or A proposed rule concerning this Authority: 7 U.S.C. 601–674. confidential business information that action was published in the Federal you do not want publicly disclosed. All Register on December 16, 2020 (85 FR ■ 2. Section 930.200 is revised to read comments may be posted on the internet 81425). Copies of the proposed rule as follows: and can be retrieved by most internet search engines. Comments may be were also mailed or sent via email to all § 930.200 Assessment rate. tart cherry handlers. The proposed rule submitted anonymously. was made available through the internet On and after October 1, 2020, the Comments, identified by AMS–CN– by USDA and the Office of the Federal assessment rate imposed on handlers 20–0097, may be submitted Register. A 30-day comment period shall be $0.00575 per pound of tart electronically through the Federal ending January 15, 2021, was provided cherries grown in the production area eRulemaking Portal at http:// for interested persons to respond to the and utilized in the production of tart www.regulations.gov. Please follow the proposal. cherry products. Included in this rate is instructions for submitting comments. One comment was received that $0.00275 per pound of tart cherries to In addition, comments may be opposed any increase to the assessment cover the cost of the research and submitted by mail or hand delivery to rate and expressed concern that small promotion program and $0.003 per Cotton Research and Promotion, Cotton

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20256 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

and Tobacco Program, AMS, USDA, 100 cotton and cotton-containing products requests from all cotton-producing Riverside Parkway, Suite 101, an opportunity to sign up and request a states and from importers. Not more Fredericksburg, Virginia 22406. continuance referendum regarding the than 20 percent of the total requests will Comments should be submitted in 1991 amendments to the Order. Eligible be counted from any one state or from triplicate. All comments received will cotton producers would be provided the importers toward reaching the 10 be made available for public inspection opportunity to sign-up to request a percent or 4,622 total signatures at Cotton and Tobacco Program, AMS, continuance referendum in person at required to call for a referendum. If USDA, 100 Riverside Parkway, Suite the county Farm Service Agency (FSA) USDA determines that 10 percent or 101, Fredericksburg, Virginia 22406. A office where their farm is located. If a more of the number of producers and copy of this document may be found at: producer’s land is in more than one importers who voted in the most recent www.regulations.gov. county, the producer shall sign-up at the referendum favor a continuance FOR FURTHER INFORMATION CONTACT: county office where FSA referendum, a referendum will be held. Shethir M. Riva, Director, Research and administratively maintains and This direct final rule amends the Promotion, Cotton and Tobacco processes the producer’s farm records. procedures for the conduct of the Program, AMS, USDA, 100 Riverside Producers may alternatively request a current sign-up period. The current Parkway, Suite 101, Fredericksburg, sign-up form in the mail from the same rules and regulations provide for Virginia 22406; telephone (540) 361– office or through the USDA, AMS sections on definitions, supervision of 2726, facsimile (540) 361–1199, or email website: http://www.ams.usda.gov/ the sign-up period, eligibility, at [email protected]. Cotton and return it to their FSA office participation in the sign-up period, or return their signed request forms to SUPPLEMENTARY INFORMATION: counting requests, reporting results, and USDA, Agricultural Marketing Service, instructions and forms. A. Background Cotton and Tobacco Program, Attention: In §§ 1205.20, 1205.26, and 1205.27, Cotton Sign-Up, P.O. Box 23181, The 1991 amendments to the Cotton references to ‘‘calendar year 2014’’ are Washington, DC 20077–8249. revised to read ‘‘calendar year 2020.’’ Research and Promotion Order (7 CFR Eligible importers would be provided part 1205) were implemented following Also, in § 1205.26, eligible persons are the opportunity to sign up to request a further defined to ensure that all the July 1991 referendum. The continuance referendum by amendments were provided for in the producers that planted cotton during downloading a form from the AMS 2020 will be eligible to participate in the Cotton Research and Promotion Act (7 website, or request a sign-up form by U.S.C. 2101–2118) amendments of 1990. sign-up period, and in § 1205.26(2), the contacting [email protected] or (540) rule updates and reflects the elimination These amendments provided for: (1) 361–2726, and return their signed Importer representation on the Cotton of the $2.00 per line item importer de request forms to USDA, Agricultural minimis (81 FR 38893; June 15, 2016) Board by an appropriate number of Marketing Service, Cotton and Tobacco persons, to be determined by USDA, and that any importer of cotton and Program, Attention: Cotton Sign-Up, cotton-containing products during the who import cotton or cotton products P.O. Box 23181, Washington, DC 20077– into the U.S., and whom USDA selects representative period may participate. 8249. In §§ 1205.27, 1205.28, and 1205.29 from nominations submitted by Such request must be accompanied by sign-up period conduct dates, FSA importer organizations certified by a copy of the U.S. Customs and Border reporting dates, and mailing addresses USDA; (2) assessments levied on Protection form 7501 showing payment have been updated. imported cotton and cotton products at of a cotton assessment (also known as A 30-day comment period is a rate determined in the same manner the ‘‘cotton fee’’) for calendar year 2020. determined to be appropriate because as for U.S. cotton; (3) increasing the Requests and supporting documentation these eligibility and participation amount USDA can be reimbursed for the should be mailed to USDA, AMS, requirements are substantially the same conduct of a referendum from $200,000 Cotton and Tobacco Program, Attention: as the eligibility and participation to $300,000; (4) reimbursing government Cotton Sign-Up, P.O. Box 23181, requirements that were used in previous agencies that assist in administering the Washington, DC 20077–8249. collection of assessments on imported The sign-up period will be from June referenda and sign-up periods; cotton and cotton products; and (5) 21, 2021, until July 2, 2021. Producer participation is voluntary; and this rule, terminating the right of producers to and importer forms shall only be if adopted, should be made effective as demand a refund of assessments. counted if received by USDA before July soon as possible in order to conduct the On December 18, 2020, USDA issued 2, 2021. sign-up at the earliest possible dates. a determination based on its review (85 Section 8(c)(2) of the Act provides B. Regulatory Analyses FR 82426) not to conduct a referendum that if USDA determines, based on the regarding the 1991 amendments to the results of the sign-up, that 10 percent Executive Order 13175 Order; however, the Act provides that (i.e., 4,622) or more of the total number This action has been reviewed in USDA shall nevertheless conduct a of eligible producers and importers that accordance with the requirements of referendum at the request of 10 percent voted in the most recent 1991 Executive Order 13175, Consultation or more of the total number of eligible referendum request a continuance and Coordination with Indian Tribal producers and importers that voted in referendum on the 1991 amendments, a Governments. The review reveals that the most recent referendum. referendum will be held within 12 this regulation would not have Furthermore, the Act provides for a months after the end of the sign-up substantial and direct effects on Tribal sign-up period during which eligible period. In counting such requests, governments and would not have cotton producers and importers may however, not more than 20 percent may significant Tribal implications. request that USDA conduct a be from producers from any one state or referendum on continuation of the 1991 from importers of cotton. For example, Executive Orders 12866 and 13563 amendments to the Order. when counting the requests, the Executive Orders 12866 and 13563 Pursuant to section 8(c) of the Act, Agricultural Marketing Service’s (AMS) direct agencies to assess all costs and USDA will provide all eligible Upland Cotton and Tobacco Program would benefits of available regulatory cotton producers and importers of determine the total number of valid alternatives and, if regulation is

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20257

necessary, to select regulatory Data Tables by Establishment Industry,’’ Cotton Board Rules and Regulations approaches that maximize net benefits most importers are considered small herein. (including potential economic, entities as defined by the SBA. The List of Subjects in 7 CFR Part 1205 environmental, public health, and safety majority of these producers and effects; distributive impacts; and importers are small businesses under Advertising, Agricultural research, equity). Executive Order 13563 the criteria established by the SBA. Cotton, Marketing agreements, emphasizes the importance of There are no Federal rules that Reporting and recordkeeping quantifying both costs and benefits, duplicate, overlap, or conflict with this requirements. reducing costs, harmonizing rules, and rule. For the reasons stated in the promoting flexibility. This action falls This rule is voluntary and only affects preamble, AMS amends 7 CFR part 1205 within a category of regulatory actions producers and importers wishing to as follows: that the Office of Management and participate in the sign-up under the Budget (OMB) exempted from Executive Cotton Research and Promotion Order. PART 1205—COTTON RESEARCH Order 12866 review. Only those eligible persons who are in AND PROMOTION favor of conducting a referendum would Executive Order 12988 need to participate in the sign-up ■ 1. The authority citation for part 1205 This rule has been reviewed under period. Of the 46,220 total valid ballots continues to read as follows: Executive Order 12988, Civil Justice received in the 1991 referendum, Authority: 7 U.S.C. 2101–2118; 7 U.S.C Reform. It is not intended to have 27,879, or 60 percent, favored the 7401. retroactive effect. amendments to the Order, and 18,341, ■ 2. Section 1205.20 is revised to read The Act provides that administrative or 40 percent, opposed the amendments as follows: proceedings must be exhausted before to the Order. This rule provides those parties may file suit in court. Under persons who are not in favor of the § 1205.20 Representative period. section 12 of the Act, any person subject continuance of the Order amendments The term representative period means to an order may file with the Secretary an opportunity to request a continuance the 2020 calendar year. of Agriculture (Secretary) a petition referendum. ■ stating that the order, any provision of The eligibility and participation 3. In § 1205.26, paragraphs (a)(1) and the plan, or any obligation imposed in requirements for producers and (2) are revised to read as follows: connection with the order is not in importers are substantially the same as § 1205.26 Eligibility. accordance with law and requesting a the rules that established the eligibility modification of the order or to be * * * * * and participation requirements for the (a) * * * exempted therefrom. Such person is 1991 referendum and previous sign-up afforded the opportunity for a hearing (1) Any person who was engaged in periods. In the most recent sign-up in the production of Upland cotton during on the petition. After the hearing, the 2015, USDA announced its Secretary would rule on the petition. calendar year 2020; and determination not to conduct a (2) Any person who was an importer The Act provides that the District Court continuance referendum because it of the United States in any district in of Upland cotton during calendar year received only 46 requests, an 2020. which the person is an inhabitant, or insufficient number of signatures to has his principal place of business, has hold another referendum (80 FR 76654; * * * * * jurisdiction to review the Secretary’s December 10, 2015). ■ 4. Section 1205.27 is revised to read ruling, provided a complaint is filed The amendments in this action as follows: within 20 days from the date of the update various dates, name changes, entry of the Secretary’s ruling. and addresses, and make other § 1205.27 Participation in the sign-up period. miscellaneous administrative changes. Regulatory Flexibility Act and The sign-up period will be from June Paperwork Reduction Act The sign-up procedures do not impose a substantial burden or have a 21, 2021, until July 2, 2021. Those In accordance with the Regulatory significant impact on persons subject to persons who favor the conduct of a Flexibility Act (RFA) (5 U.S.C. 601– the Order because participation is not continuance referendum and who wish 612), AMS has examined the economic mandatory, not all persons subject to the to request that Department of impact of this rule on small entities. The Order are expected to participate, and Agriculture (USDA) conduct such a purpose of the RFA is to fit regulatory USDA will determine producer and referendum may do so by submitting actions to the scale of businesses subject importer eligibility. The information such request in accordance with this to such action so that small businesses collection requirements under the section. All requests must be received will not be unduly or disproportionately Paperwork Reduction Act are minimal. by the appropriate USDA office by July burdened. The Small Business 2, 2021. Administration (SBA) defines, in 13 Paperwork Reduction Act (a) Before the sign-up period begins, CFR 121.201, small agricultural The information collections in this FSA shall establish a list of known, producers as those having annual rule will be carried out under the OMB eligible, Upland cotton producers in the receipts of no more than $1,000,000, Control Number 0581–0093. This rule county that it serves during the and small ‘‘Other Farm Product Raw does not add to the overall burden representative period, and AMS shall Material Merchant Wholesalers’’ (cotton currently approved by OMB and also establish a list of known, eligible merchants/importers) as having no more assigned OMB Control Number 0581– Upland cotton importers. than 100 employees. The Cotton Board 0093 under the provisions of the (b) Before the start of the sign-up estimates 12,000 producers and 40,000 Paperwork Reduction Act of 1995 (44 period, Agricultural Marketing Service importers are subject to the rules and U.S.C. Chapter 35). This OMB Control (AMS) will post sign-up information, regulations issued pursuant to the Number is referenced in § 1205.541 of including sign-up forms, on its website: Cotton Research and Promotion Order. the regulations. http://www.ams.usda.gov/Cotton. According to the United States Census A 30-day comment period is provided Importers who favor the conduct of a Bureau’s ‘‘2016 Survey of SUSB Annual to comment on the changes to the continuance referendum can download

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20258 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

a form from the website, or request a a copy of at least one sales receipt for prompt corrective action (PCA) sign-up form by contacting CottonRP@ cotton they produced during the regulations to help ensure that federally usda.gov or (540) 361–2726 and one will representative period. The appropriate insured credit unions (FICUs) remain be provided to them. Importers may FSA office must receive all completed operational and liquid during the participate in the sign-up period by forms and supporting documentation by COVID–19 pandemic. The first amends submitting a signed, written request for July 2, 2021. these regulations to temporarily enable a continuance referendum, along with a ■ 7. In § 1205.28, the first sentence is the Board to issue an order applicable copy of a U.S. Customs and Border revised to read as follows: to all FICUs to waive the earnings- Protection form 7501 showing payment retention requirement for any FICU that of a cotton assessment for calendar year § 1205.28 Counting. is classified as adequately capitalized. 2020. The USDA, AMS, Cotton and County FSA offices and FSA, Deputy The second modifies these regulations Tobacco Program, Attention: Cotton Administrator for Field Operations with respect to the specific Sign-Up, P.O. Box 23181, Washington, (DAFO), shall begin counting requests documentation required for net worth DC 20077–8249 shall be considered the no later than July 2, 2021. * * * restoration plans (NWRPs) for FICUs polling place for all cotton importers. ■ 8. Section 1205.29 is revised to read that become undercapitalized. These All requests and supporting documents as follows: temporary modifications will be in must be received by July 2, 2021. place until March 31, 2022. This rule is (c) Each person on the county FSA § 1205.29 Reporting results. substantially similar to an interim final office lists may participate in the sign- (a) Each county FSA office shall rule that the Board published on May up period. Eligible producers must date prepare and transmit to the state FSA 28, 2020. and sign their name on the ‘‘County office, by July 12, 2021, a written report DATES: This rule is effective on April 19, FSA Office Sign-up Sheet.’’ A person of the number of eligible producers who 2021. Comments must be received on or whose name does not appear on the requested the conduct of a referendum, before June 18, 2021. county FSA office list may participate in and the number of ineligible persons ADDRESSES: You may submit written the sign-up period. Such person must be who made requests. comments, identified by RIN 3133– identified on FSA–578 during the (b) DAFO shall prepare, by July 12, AF19, by any of the following methods. representative period or provide 2021, a written report of the number of Please send comments by one method documentation that demonstrates that eligible importers who requested the only. the person was a cotton producer during conduct of a referendum, and the • Federal eRulemaking Portal: http:// the representative period. Cotton number of ineligible persons who made www.regulations.gov. Follow the producers not listed on the FSA–578 requests. instructions for submitting comments shall submit at least one sales receipt for (c) Each state FSA office shall, by July for Docket #NCUA–2021–0046. cotton they planted during the 12, 2021, forward all county reports to • Fax: (703) 518–6319. Include representative period. Cotton producers DAFO. By July 19, 2021, DAFO shall ‘‘[Your Name]—Comments on must make requests to the county FSA forward its report of the total number of Temporary Regulatory Relief Rule in office where the producer’s farm is eligible producers and importers that Response to COVID–19—Prompt located. If the producer’s land is in more requested a continuance referendum, Corrective Action’’ in the transmittal. than one county, the producer shall through the sign-up period, to the • Mail/Hand Delivery/Courier: make request at the county office where Deputy Administrator, Cotton and Address to Melane Conyers-Ausbrooks, FSA administratively maintains and Tobacco Program, Agricultural Secretary of the Board, National Credit processes the producer’s farm records. It Marketing Service, USDA, 100 Riverside Union Administration, 1775 Duke is the responsibility of the person to Parkway, Suite 101, Fredericksburg, Street, Alexandria, Virginia 22314– provide the information needed by the Virginia 22406. 3428. county FSA office to determine Bruce Summers, Public Inspection: You may view all eligibility. It is not the responsibility of Administrator, Agricultural Marketing public comments on the Federal the county FSA office to obtain this Service. eRulemaking Portal at http:// information. If any person whose name [FR Doc. 2021–07989 Filed 4–16–21; 8:45 am] www.regulations.gov as submitted, does not appear on the county FSA BILLING CODE P except for those we cannot post for office list fails to provide at least one technical reasons. The NCUA will not sales receipt for the cotton they edit or remove any identifying or produced during the representative NATIONAL CREDIT UNION contact information from the public period, the county FSA office shall ADMINISTRATION comments submitted. Due to social determine that such person is ineligible distancing measures in effect, the usual to participate in the sign-up period, and 12 CFR Part 702 opportunity to inspect paper copies of shall note ‘‘ineligible’’ in the remarks comments in the NCUA’s law library is [NCUA–2021–0046] section next to the person’s name on the not currently available. After social county FSA office sign-up sheet. In lieu RIN 3133–AF19 distancing measures are relaxed, visitors of personally appearing at a county FSA may make an appointment to review office, eligible producers may request a Temporary Regulatory Relief in paper copies by calling (703) 518–6540 sign-up form from the county FSA office Response to COVID–19—Prompt or emailing [email protected]. where the producer’s farm is located. If Corrective Action FOR FURTHER INFORMATION CONTACT: the producer’s land is in more than one AGENCY: National Credit Union Policy and Analysis: Lisa Roberson, county, the producer shall make the Administration (NCUA). Director, Policy Division, Office of request for the sign-up form at the ACTION: Interim final rule; request for Examination and Insurance, at (703) county office where FSA comments. 518–6360; Legal: Marvin Shaw, Senior administratively maintains and Staff Attorney and Thomas Zells, Senior processes the producer’s farm records. SUMMARY: The NCUA Board (Board) is Staff Attorney, Office of General Such request must be accompanied by making two temporary changes to its Counsel, at (703) 518–6540; or by mail

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20259

at: National Credit Union to apply to FICUs which the NCUA 747, establishing a comprehensive Administration, 1775 Duke Street, defines as ‘‘complex.’’ system of PCA that combines mandatory Alexandria, Virginia 22314. For FICUs other than those that meet supervisory actions prescribed by the SUPPLEMENTARY INFORMATION: the statutory definition of a ‘‘new’’ statute with discretionary supervisory FICU, the CUMAA mandated a actions developed by the NCUA (2000 I. Legal Authority framework of mandatory and final rule).15 Each of these supervisory The Board is issuing this interim final discretionary supervisory actions actions index to the five statutory net rule pursuant to its authority under the indexed to five statutory net worth worth categories (well capitalized, Federal Credit Union Act.1 The Act categories: adequately capitalized, grants the Board a broad mandate to 1. Well capitalized undercapitalized, significantly issue regulations that govern both 2. Adequately capitalized undercapitalized, and critically federal credit unions and, more 3. Undercapitalized undercapitalized). generally, all FICUs. For example, 4. Significantly undercapitalized, and In addition, the 2000 final rule section 120 of the Act is a general grant 5. Critically undercapitalized permits the NCUA to impose other of regulatory authority, and authorizes The mandatory actions and action to carry out PCA beyond any the Board to prescribe rules and conditions that trigger conservatorship discretionary supervisory action and liquidation are expressly prescribed available for a particular net worth regulations for the administration of the 16 Act.2 Section 209 of the Act is a plenary by statute.9 To supplement the category. In the proposal that grant of regulatory authority to issue mandatory actions, the statute directed provided the basis for the 2000 final rules and regulations necessary or the NCUA to develop discretionary rule, the Board noted that part 702 also appropriate for the Board to carry out its actions which are ‘‘comparable’’ to the amplifies the terms of the statutory role as share insurer for all FICUs.3 ‘‘discretionary safeguards’’ available exception to the 0.4% minimum set Other provisions of the Act confer under section 38 of the Federal Deposit aside. Specifically, the Board stated that it interpreted the phrase by order to specific rulemaking authority to address Insurance Act, which is the statute that indicate that exceptions to the 0.4% prescribed issues or circumstances.4 applies PCA to other federally insured statutory minimum are to be granted on Such specific rulemaking authority is depository institutions.10 a case-by-case basis.17 The Board had set forth in section 216(b) with respect The Act addresses the earnings- historically interpreted these orders on to PCA.5 retention requirement applicable to FICUs that are not well capitalized.11 a case-by-case basis. However, given the II. Prompt Corrective Action Such FICUs are required to annually set current economic conditions associated Background aside as net worth an amount equal to with the COVID–19 pandemic—during which many FICUs broadly face similar A. Statutory Provisions not less than 0.4% of their total assets.12 The Board has the authority to decrease circumstances that affect net worth—the In 1998, Congress enacted the Credit the earnings-retention requirement.13 To Board has determined it is appropriate Union Membership Access Act accomplish this, the Board may issue an to implement the changes in this rule to 6 (‘‘CUMAA’’). The CUMAA amended order if it determines the decrease is authorize a broadly applicable order to the Federal Credit Union Act (‘‘the necessary to avoid a significant decrease the earnings-retention Act’’) to require the NCUA to adopt, by redemption of shares and further the requirements for multiple FICUs and to regulation, a system of PCA consisting purpose of PCA—to resolve the allow a streamlined NWRP in certain of minimum capital standards and problems of insured credit unions at the circumstances. corresponding remedies to improve the least possible long-term cost to the III. Temporary Amendments to net worth of federally insured ‘‘natural NCUSIF. The Act also requires the 7 Earnings Retention and NWRP person’’ credit unions. The purpose of Board to periodically review any order Provisions PCA is to ‘‘resolve the problems of that it issues to decrease a FICU’s A. May 2020 Interim Final Rule insured credit unions at the least earnings-retention requirement.14 possible long-term loss to the [National Separately, 12 U.S.C. 1790d(f) sets On May 21, 2020, the Board approved Credit Union Share Insurance Fund forth requirements related to NWRPs, an interim final rule that temporarily 8 (‘NCUSIF’)].’’ which FICUs must submit to the NCUA amended two provisions in the PCA The statute designated three principal and which the NCUA must review when regulations in part 702.18 The first components of PCA: (1) A framework a FICU becomes undercapitalized. The amendment addressed the earnings- combining mandatory actions regulatory provisions that address the retention requirement in § 702.201 for prescribed by statute with discretionary procedures and documentation FICUs classified as adequately actions developed by the NCUA; (2) an requirements for NWRPs are codified at capitalized. The second amendment alternative system of PCA to be 12 CFR 702.206 and are detailed below. addressed the NWRPs in § 702.206(c) developed by the NCUA for FICUs that have become undercapitalized. which CUMAA defines as ‘‘new;’’ and B. Regulatory Provisions The May 2020 interim final rule was (3) a risk-based net worth requirement In February 2000, the NCUA Board issued in response to the COVID–19 adopted part 702 and subpart L of part pandemic. It sought to ensure that 1 12 U.S.C. 1751 et seq. FICUs continued to operate efficiently, 2 12 U.S.C. 1766(a). 9 12 U.S.C. 1790d(e), (f), (g), and (i); 12 U.S.C. to ensure that FICUs maintained 3 12 U.S.C. 1789. 1786(h)(1)(F); 12 U.S.C. 1786(a)(3)(A)(1). sufficient liquidity, and to account for 4 An example of a provision of the Act that 10 12 U.S.C. 1790d(b)(1)(A); S. Rep. No. 193, the potential temporary increase in provides the Board with specific rulemaking 105th Cong., 2d Sess. 12 (1998) (S. Rep.); H.R. Rep. shares that FICUs may experience authority is section 207 (12 U.S.C. 1787), which is No. 472, 105th Cong; see also 12 U.S.C. 1831o a specific grant of authority over share insurance (Section 38 of the Federal Deposit Insurance Act during the COVID–19 pandemic. coverage, conservatorships, and liquidations. setting forth the PCA requirements for banks). 5 12 U.S.C. 1790d(b). 11 12 U.S.C. 1790d(e). 15 65 FR 8560 (Feb. 18, 2000). 6 Public Law 105–219, 112 Stat. 913 (1998). 12 12 U.S.C. 1790d(e)(1). 16 12 CFR 702.202(b)(9). 7 12 U.S.C. 1790d et seq. 13 12 U.S.C. 1790d(e)(2). 17 64 FR 27090 (May 18, 1999). 8 12 U.S.C. 1790d(a)(1). 14 12 U.S.C. 1790d(e)(2)(B). 18 85 FR 31952 (May 28, 2020).

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20260 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

Specifically, the Board believed the rule could be necessary beyond 2021 were still being distributed to temporary amendments in the interim December 31, 2020. Among the qualified individuals in the form of final rule would allow FICUs to better recommendations to extend the effective stimulus payments.23 Looking forward, utilize resources by reducing the date were (1) make the rule permanent, the combination of both stimulus administrative burden associated with a (2) extend the applicability until the payments will place a continued strain temporary increase in shares. COVID–19 pandemic was declared over on FICUs’ PCA classifications. The Board concluded that the by the Center for Disease Control or III. Section-by-Section Analysis amendments would provide FICUs with other Federal agency, or (3) make the necessary additional flexibility in a end date December 31, 2021. A. Section 702.201—Earnings-Retention manner consistent with the NCUA’s B. New Interim Final Rule Requirement for ‘‘Adequately responsibility to maintain the safety and Capitalized’’ FICUs Based on limited utilization of the soundness of the credit union system. With respect to earnings retention, a The Board made the temporary previous relief as of December 2020, the Board did not extend these provisions FICU that is classified as adequately amendments effective upon publication capitalized or lower must increase the and specified that they would remain in but continued to consider this issue. Considering information available dollar amount of its net worth quarterly place through the end of calendar year by an amount equivalent to at least 2020. The Board sought comment on the following the expiration of the 2020 interim final rule, the Board has 1/10th of a percent of its total assets and interim final rule. must quarterly transfer at least that On June 5, 2020, pursuant to the determined it is appropriate to readopt these amendments to the PCA amount (for a total of 0.4% annually) changes made by the May 2020 interim from undivided earnings to its regular final rule, the Board issued a temporary regulations in part 702 on a temporary basis. Specifically, based on the recent reserve account every quarter until it is order decreasing the earnings-retention well capitalized.24 The purpose of this requirement.19 Specifically, the Board congressional action (the American Rescue Plan Act of 2021) 20 to provide provision is to restore a FICU that is less determined that, in light of the than well capitalized to a well- economic circumstances caused by the direct financial relief to individual taxpayers, the Board anticipates that capitalized position in an incremental COVID–19 pandemic, decreasing the manner. earnings-retention requirements set credit unions will receive a significant increase in deposits due to stimulus As discussed previously, § 702.201 forth in the NCUA’s regulations was currently provides that the Board may necessary to avoid a significant checks. Accordingly, the Board has determined it is appropriate to waive this requirement on a case-by- redemption of shares and would further case basis when an affected FICU the purposes of the PCA regulations. reinstitute the changes to the PCA provisions previously adopted in May submits a waiver application to the Accordingly, the Board ordered that any NCUA. The Act provides broader natural-person FICU that had a net 2020. In 2020, the credit union industry authority for the Board to issue an order worth classification, as defined in part experienced significant asset growth as to waive this requirement and does not 702 of the NCUA’s regulations, of a result of the COVID–19 pandemic. The require an application or individual adequately capitalized between March Board believes this growth will be orders.25 In response to the COVID–19 31, 2020, and December 31, 2020, could temporary. This growth strained the net pandemic and resulting economic decrease its earnings-retention worth position of credit unions, and conditions, the Board has determined requirement to zero as set forth in part negatively impacted many credit that it is appropriate to temporarily 702. The order was effective through, unions’ PCA classification. Specifically, amend § 702.201 to provide the Board and including, December 31, 2020. the credit union industry experienced express regulatory authority to issue a As noted, the Board solicited asset growth—predominantly from single order waiving the earnings- comment on the May 2020 interim final share growth—at a rate of 17.73 percent retention requirement for all FICUs rule. The Board received comments from December 31, 2019, to December classified as adequately capitalized from a credit union trade association, 31, 2020. During this same period, the while this temporary rule is in effect. two state credit union leagues, and an number of FICUs with a PCA The Board intends, as it did in its June organization of state credit union classification of adequately capitalized 2020 order, to authorize the applicable supervisors. All commenters supported increased by 274 percent, and those Regional Director to require an the interim final rule, and no classified as undercapitalized increased application for an earnings transfer commenter opposed it. All commenters by 123 percent.21 waiver if a particular FICU poses undue stated that the changes were The American Rescue Plan Act is the risk to the NCUSIF or exhibits material appropriate, noting that they provided third in a series of congressional actions safety and soundness concerns. regulatory relief and flexibility to credit to provide taxpayers monetary relief.22 Amending the regulation in this unions to manage their liquidity and This action, approved in March 2021, manner will allow the Board to respond address financial hardships caused by provides relief to individual taxpayers to circumstances that broadly affect the COVID–19 pandemic. in the form of stimulus payments many FICUs with a single issuance The interim final rule’s two (referred to as ‘‘recovery rebates’’ in the rather than numerous individual waiver provisions expired on December 31, American Rescue Plan Act). At the time approvals. This provision will be 2020. All commenters requested that the of this action, the previous stimulus effective on the date the interim final temporary amendments be extended or payments approved by Congress in rule is published in the Federal Register made permanent. One commenter stated December 2020 as part of the and will expire on March 31, 2022. that if the economic dislocation caused Consolidated Appropriations Act of by the pandemic lingered, the regulatory 23 Public Law 116–260 (Dec. 27, 2020). relief contemplated in the interim final 20 Public Law 117–2 (Mar. 11, 2021). 24 This relief is provided for FICUs that are 21 Based on December 31, 2020 Call Report Data. required to make an earnings retention transfer 19 The Order is available on the NCUA website: 22 Coronavirus Aid, Relief, and Economic under § 702.201. https://www.ncua.gov/regulation-supervision/ Security Act, Public Law 116–136 (Mar. 27, 2020); 25 See 1 U.S.C. 1 (providing that unless context letters-credit-unions-other-guidance/temporary- Consolidated Appropriations Act, 2021, Public Law indicates otherwise, words importing the singular order-decreasing-earnings-retention-requirement. 116–260 (Dec. 27, 2020). also apply to several persons or parties).

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20261

This interim final rule will impact the transfer waiver submissions that were on the Call Report for the quarter ending processing of earnings transfer waiver due March 16, 2021, as a result of a of December 31, 2020. submissions listed in the following credit union’s PCA classification of table. It will not impact the earnings adequately capitalized (or lower), based

Earnings transfer waiver Quarterly net worth Earnings transfer waiver Call Report effective date PCA classification date submission date transfer date permissible

March 31, 2021 ...... April 30, 2021 ...... June 15, 2021 ...... June 30, 2021 ...... Yes. June 30, 2021 ...... July 30, 2021 ...... Sept. 15, 2021 ...... Sept. 30, 2021 ...... Yes. Sept. 30, 2021 ...... Oct. 31, 2021 ...... Dec. 16, 2021 ...... Dec. 31, 2021 ...... Yes. Dec. 31, 2021 ...... Jan. 30, 2022 ...... March 16, 2022 ...... March 31, 2022 ...... Yes.

Once this regulatory amendment is in complications. This regulatory relief statutory criteria for issuing such an effect, the Board intends to issue the will lessen the administrative burden on order—namely, avoiding a significant order described above following the both FICUs and the NCUA by avoiding redemption of shares and furthering the publication of this rule in the Federal the effort associated with preparing a purpose of 12 U.S.C. 1790d to ‘‘resolve Register. The order will be applicable to waiver application and (for the NCUA) the problems of insured credit unions at adequately capitalized FICUs and will evaluating and responding to such the least possible long-term loss to the grant relief from the earnings-retention applications. The Board notes Fund.’’ 27 requirement without requiring those qualifications in the planned order Accordingly, the Board is amending FICUs to submit applications and regarding FICUs that pose undue risk or § 702.201 to adopt the temporary receive individual waiver approvals, material safety and soundness concerns provision to issue a broadly applicable subject to the qualification previously will help ensure the purpose of PCA— order. The Board plans to issue through noted in this section. namely, to resolve the problems of a separate action an order consistent The Board is exercising this authority insured credit unions at the least with this re-adopted provision to set under 12 U.S.C. 1790d(e)(2) to enhance possible long-term cost to the NCUSIF— forth the terms of relief from the flexibility in the application of the is maintained while this temporary rule earnings-retention requirement. earnings-retention requirement. This is in effect. B. Section 702.206(c)—Net Worth This approach affords the agency the relief is necessary to avoid a reduction Restoration Plans (NWRPs); Contents of flexibility to address potential of shares and thus retain system NWRP liquidity and capital adequacy, thereby difficulties FICUs face during this furthering the purpose of PCA. As unprecedented period. The Board also With respect to NWRPs, the Act previously noted, the COVID–19 notes that the current, specific provides a broad directive that a FICU pandemic resulted in significant asset requirements on earnings transfer that is less than adequately capitalized growth in the credit union industry. waivers are based on a regulatory must submit an applicable NWRP to the This growth may impact many credit provision rather than a specific statutory NCUA. The NCUA, by regulation, has unions’ PCA classification, resulting in directive.26 Accordingly, the Board has provided additional details to flesh out an increased number of credit unions flexibility to modify the regulatory this statutory provision. Section being subject to the earnings retention provision to address the financial 702.206(a) of the NCUA’s regulations requirement. Based on the December 31, circumstances of individual FICUs as specifies the schedule for filing an 2020 Call Report data, 155 credit unions well as the broader credit union system. NWRP, and § 702.206(c) of the NCUA’s are classified as less than well This is consistent with the overall regulations outlines the contents of an capitalized and are subject to mandatory statutory structure of PCA, which NWRP.28 action under PCA. An estimated 107 combines both mandatory and discretionary provisions. 27 12 U.S.C. 1790d(a)(1). credit unions were classified as 28 adequately capitalized. These credit Expansionary monetary and fiscal 12 CFR 702.206(c). Under the current policies, combined with precautionary regulation, an NWRP must— unions may experience relief from this • Specify— rulemaking. The potential for the impact savings, are placing a strain on FICU net Æ A quarterly timetable of steps the credit union of additional issuance of COVID–19 worth. The ongoing economic impact of will take to increase its net worth ratio so that it pandemic relief in the form of stimulus the COVID–19 pandemic may result in becomes ‘‘adequately capitalized’’ by the end of the an increase in the volatility of share term of the NWRP, and to remain so for four (4) payments could result in further consecutive calendar quarters. If ‘‘complex,’’ the reported asset growth and result in more balances, loan demand, and loan losses. credit union is subject to a risk-based net worth credit unions qualifying for earnings The resulting stress on credit union requirement that may require a net worth ratio retention relief. Specifically, 465 credit balance sheets could potentially require higher than six percent (6%) to become ‘‘adequately an increased level of liquidity capitalized’’; unions had net worth ratios between Æ management throughout 2021. The The projected amount of earnings to be seven and eight percent at December 31, transferred to the regular reserve account in each 2020. If these credit unions experienced NCUA continues to encourage credit quarter of the term of the NWRP as required under substantial asset growth caused by unions to work with their members who § 702.201(a), or as permitted under § 702.201(b); increased share growth, there is a are affected by the COVID–19 pandemic. Æ How the credit union will comply with the Allowing for a broad order relieving mandatory and any discretionary supervisory potential that some of these credit actions imposed on it by the NCUA Board under unions may also qualify for earnings adequately capitalized FICUs from this the subpart; retention relief during the next twelve requirement is consistent with the Æ The types and levels of activities in which the months. credit union will engage; and The Board further notes that FICU 26 The Board notes that 12 U.S.C. 1790d(e)(1) Æ If reclassified to a lower category under requires earnings retention. However, additional § 702.102(b), the steps the credit union will take to operations continue to be significantly provisions in 12 CFR part 702, including those correct the unsafe or unsound practice(s) or disrupted as a result of social distancing related to timing and the content of the application, condition(s); practices, remote work, and related supplement this statutory provision. Continued

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20262 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

The Board has determined that it is the credit union would not be eligible As it concluded in the May 2020 appropriate to waive the NWRP content to submit a streamlined NWRP. interim final rule, the Board continues requirements for FICUs that become The Board has determined it is to believe it will be able to fulfill its classified as undercapitalized (those appropriate to modify the regulation statutory duty to evaluate an NWRP that have a net worth ratio of 4 percent addressing NWRPs given the continued even if the plan is more concise and to 5.99 percent) predominantly as a economic disruption caused by the streamlined than plans submitted prior result of share growth. In these cases, a COVID–19 pandemic. The ongoing to the COVID–19 pandemic. Such a FICU may submit a significantly simpler disruption has led to unprecedented streamlined approach is acceptable NWRP to the applicable Regional expansionary monetary and fiscal because the more extensive information Director noting that the FICU became policies, combined with precautionary required under the current requirements undercapitalized as a result of share savings, placing a strain on FICU net may not be practicable or useful under growth. Specifically, a FICU would be worth. Accordingly, an increased the current situation. Further, the required to attest that its reduction in number of credit unions are current requirement addresses methods capital was caused by share growth and experiencing PCA reclassification to for the Board to evaluate an NWRP. The that such share growth is a temporary lower categories due to growth in Board believes it can determine if an condition due to the COVID–19 savings. Given the current levels of NWRP is acceptable even if it lacks pandemic and congressional actions to volatility of share balances, loan some of the detailed submissions that provide stimulus through direct demand, and loan losses in the credit the current regulation specifies. The payments to taxpayers. Federally union industry, the detail contained in Board further notes that if a FICU falls insured, state-chartered credit unions traditional NWRPs may not be as below being adequately capitalized must comply with applicable state meaningful. Accordingly, the because of temporary share growth, the requirements when submitting NWRPs streamlined NWRP described in this risk is limited. for state supervisory authority approval. interim final rule will provide sufficient information to account for current A credit union’s eligibility to submit When reviewing an NWRP submitted economic conditions. a streamlined NWRP to the NCUA will under this authority, the Regional Based on December 31, 2020, Call be determined based on the effective Director will determine if the decrease Report data, 48 credit unions would date of the credit union’s PCA in the net worth ratio was require an NWRP to be in place or be classification, as defined in part 702 of predominantly a result of share growth. submitted for approval based on their the NCUA’s regulations.29 The To assess the reason for the decrease, PCA classification. This is an increase of streamlined NWRP will apply, on a the Regional Director will analyze the 30 percent from the 37 credit unions case-by-case basis, to credit unions that numerator and denominator of the net required to have an NWRP in place or become classified as undercapitalized worth ratio—no change, or an increase submitted for approval when compared (those that have a net worth ratio of 4 in the numerator and an increase in the to PCA classifications based on percent to 5.99 percent) predominantly denominator, would indicate that the December 31, 2019 Call Report data, as a result of share growth. A credit decrease in the net worth ratio was due illustrating an upward trend. union that has a PCA classification to share growth. If there is an increase The streamlined NWRP described in which has declined prior to the in the denominator and a decrease in the proposed rule will provide sufficient implementation of this rule will not be the numerator, the Regional Director information, based on current economic able to submit a streamlined NWRP. To will analyze whether the decrease in the conditions, to allow a Regional Director further clarify, a credit union that has a numerator would have caused the credit to determine if a credit union is PCA classification which has declined, union to fall to a lower net worth prepared to manage the volatility requiring a NWRP prior to the classification if there were no change in associated with the COVID–19 expiration of this interim final rule, will the denominator. If so, the credit pandemic and the impact on a credit be permitted to submit a streamlined union’s net worth decline would not be union’s financial and operational NWRP as reflected in the following predominantly due to share growth and position. table.

Streamlined NWRP Call Report effective date PCA classification date permissible

December 31, 2020 ...... January 30, 2021 ...... No. March 31, 2021 ...... April 30, 2021 ...... Yes. June 30, 2021 ...... July 30, 2021 ...... Yes. September 30, 2021 ...... October 31, 2021 ...... Yes. December 31, 2021 ...... January 30, 2022 ...... Yes.

IV. Regulatory Procedures APA, general notice and the opportunity unnecessary, or contrary to the public for public comment are not required interest.’’ 31 A. Administrative Procedure Act with respect to a rulemaking when an The Board believes the public interest The Board is issuing the interim final ‘‘agency for good cause finds (and is best served by implementing the rule without prior notice and the incorporates the finding and a brief interim final rule immediately upon opportunity for public comment and the statement of reasons therefor in the publication in the Federal Register. The delayed effective date ordinarily rules issued) that notice and public Board notes that the COVID–19 prescribed by the Administrative procedure thereon are impracticable, pandemic is unprecedented. It remains Procedure Act (APA).30 Pursuant to the an evolving situation, making it difficult

• Include pro forma financial statements, • Contain such other information as the NCUA 30 5 U.S.C. 553. including any off-balance sheet items, covering a Board has required. 31 5 U.S.C. 553(b)(3). minimum of the next two years; and 29 12 CFR part 702.

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20263

to anticipate how disruptions caused by cause.32 Because the rule relieves C. Paperwork Reduction Act the pandemic will manifest themselves currently codified limitations and in the financial system. In particular, an restrictions, the interim final rule is The Paperwork Reduction Act of 1995 individual FICU may face an emergency exempt from the APA’s delayed (PRA) (44 U.S.C. 3501 et seq.) requires situation, including a downgraded effective date requirement. As an that OMB approve all collections of capital classification and the alternative basis to make the rule information by a Federal agency from corresponding implications, unless it effective without the 30-day delayed the public before they can be can invoke the regulatory relief afforded effective date, the Board finds there is implemented. Respondents are not by this interim final rule. Because the good cause to do so for the same reasons required to respond to any collection of unprecedented expansionary monetary set forth above regarding advance notice information unless it displays a valid and fiscal policies, combined with and opportunity for comment. OMB control number. The information precautionary savings, are placing a collection requirements prescribed by strain on FICU net worth, the Board B. Congressional Review Act. the May 2020 interim final rule under believes it has good cause to determine For purposes of the Congressional PCA remains in effect and are cleared that ordinary notice and public Review Act,33 the Office of Management under OMB control number 3133–0154. procedure are impracticable and that and Budget (OMB) determines whether moving expeditiously in the form of an a final rule constitutes a ‘‘major’’ rule. D. Executive Order 13132 interim final rule is in the best of If the OMB deems a rule to be a ‘‘major Executive Order 13132 36 encourages interests of the public and the FICUs rule,’’ the Congressional Review Act independent regulatory agencies to that serve that public. The temporary generally provides that the rule may not consider the impact of their actions on regulatory changes are necessary steps take effect until at least 60 days state and local interests. The NCUA, an designed to alleviate potential liquidity following its publication. independent regulatory agency (as The Congressional Review Act defines and resource strains including stress on defined in 44 U.S.C. 3502(5)), a ‘‘major rule’’ as any rule the capital adequacy and are undertaken voluntarily complies with the Executive Administrator of the Office of with expedience to ensure the order to adhere to fundamental maximum intended effects are in place Information and Regulatory Affairs of federalism principles. The interim final at the earliest opportunity. the OMB finds has resulted in, or is rule will not have substantial direct Further, as an independent basis for likely to result in, (A) an annual effect effects on the states, on the relationship good cause with respect to forgoing on the economy of $100,000,000 or between the National Government and comments before issuing the interim more; (B) a major increase in costs or the states, or on the distribution of final rule, the Board received comments prices for consumers, individual on the May 2020 interim final rule, industries, Federal, state, or local power and responsibilities among the which addressed identical issues as this government agencies or geographic various levels of government. The Board interim final rule. All commenters regions, or (C) significant adverse effects has therefore determined that this rule supported the proposed changes to on competition, employment, does not constitute a policy that has alleviate burden on credit unions and investment, productivity, innovation, or federalism implications for purposes of the agency, which largely addressed on the ability of United States-based the Executive order. issues related to waiving certain PCA enterprises to compete with foreign- E. Assessment of Federal Regulations procedures rather than substantive based enterprises in domestic and and Policies on Families concerns. Accordingly, further delay for export markets.34 additional comments is inconsistent For the same reasons set forth above, The NCUA has determined that this with the public interest because it the Board is adopting the interim final interim final rule will not affect family would unnecessarily delay the needed rule without the delayed effective date well-being within the meaning of relief for credit unions. generally prescribed under the Section 654 of the Treasury and General Notwithstanding the issuance of an Congressional Review Act. The delayed Government Appropriations Act, interim final rule without the effective date required by the 1999.37 opportunity for advance comments, the Congressional Review Act does not Board values public input in its apply to any rule for which an agency F. Regulatory Flexibility Act rulemakings and believes that providing for good cause finds (and incorporates the opportunity for comment enhances The Regulatory Flexibility Act (RFA) the finding and a brief statement of generally requires that when an agency its regulations. Accordingly, the Board reasons therefor in the rule issued) that is soliciting comments on this issues a proposed rule or a final rule notice and public procedure thereon are 38 rulemaking even though this rule is pursuant to the APA or another law, impracticable, unnecessary, or contrary the agency must prepare a regulatory being issued on an interim-final basis. 35 to the public interest. In light of flexibility analysis that meets the The amendments made by the interim current market uncertainty, the Board final rule will automatically expire on requirements of the RFA and publish believes that delaying the effective date 39 March 31, 2022 and are limited in such analysis in the Federal Register. of the rule would be contrary to the Specifically, the RFA normally requires number and scope. For these reasons, public interest for the same reasons the Board finds there is good cause agencies to describe the impact of a discussed above. rulemaking on small entities by consistent with the public interest to As required by the Congressional providing a regulatory impact analysis. issue the rule without advance notice Review Act, the Board will submit the For purposes of the RFA, the Board and comment. final rule and other appropriate reports The APA also typically requires a 30- to Congress and the Government 36 day delayed effective date, except for (1) Accountability Office for review. Executive Order 13132 on Federalism, was substantive rules which grant or signed by former President Clinton on August 4, 1999, and subsequently published in the Federal recognize an exemption or relieve a 32 5 U.S.C. 553(d). Register on August 10, 1999 (64 FR 43255). restriction; (2) interpretative rules and 33 5 U.S.C. 801–808. 37 Public Law 105–277, 112 Stat. 2681 (1998). statements of policy; or (3) as otherwise 34 5 U.S.C. 804(2). 38 5 U.S.C. 553(b). provided by the agency for good 35 5 U.S.C. 808. 39 5 U.S.C. 603, 604.

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20264 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

considers FICUs with assets less than undercapitalized to submit to the Room W12–140 of the West Building $100 million to be small entities.40 Regional Director a streamlined NWRP Ground Floor at 1200 New Jersey As discussed previously, consistent plan attesting that its reduction in Avenue SE, Washington, DC, between 9 with the APA,41 the Board has capital was caused by share growth and a.m., and 5 p.m., Monday through determined for good cause that general that such share growth is a temporary Friday, except Federal holidays. notice and opportunity for public condition due to the COVID–19 • Fax: Fax comments to Docket comment is unnecessary, and therefore pandemic. A streamlined NWRP plan is Operations at 202–493–2251. the Board is not issuing a notice of permitted between April 19, 2021 and Privacy: Except for Confidential proposed rulemaking. Rules that are March 31, 2022. Business Information (CBI) as described exempt from notice and comment * * * * * in the following paragraph, and other procedures are also exempt from the [FR Doc. 2021–08027 Filed 4–16–21; 8:45 am] information as described in 14 CFR RFA requirements, including BILLING CODE 7535–01–P 1.35, the FAA will post all comments it conducting a regulatory flexibility receives, without change, to http:// analysis, when among other things the regulations.gov, including any personal agency for good cause finds that notice DEPARTMENT OF TRANSPORTATION information the commenter provides. and public procedure are impracticable, Using the search function of the docket unnecessary, or contrary to the public Federal Aviation Administration website, anyone can find and read the interest. Accordingly, the Board has electronic form of all comments concluded that the RFA’s requirements 14 CFR Part 29 received into any FAA docket, relating to initial and final regulatory [Docket No. FAA–2021–0241; Special including the name of the individual flexibility analysis do not apply. Conditions No. 29–053–SC] sending the comment (or signing the Nevertheless, the Board seeks comment for an association, business, comment on whether, and the extent to Special Conditions: Airbus Helicopters labor union, etc.). DOT’s complete which, the interim final rule would Model H160B Helicopter; Use of 30- Privacy Act Statement can be found in affect a significant number of small Minute All Engines Operating Power the Federal Register published on April entities. Rating 11, 2000 (65 FR 19477–19478), as well List of Subjects in 12 CFR Part 702 AGENCY: Federal Aviation as at http://DocketsInfo.dot.gov. Confidential Business Information: Credit unions, Reporting and Administration (FAA), Department of Transportation (DOT). CBI is commercial or financial recordkeeping requirements. information that is both customarily and ACTION: Final special conditions; request By the NCUA Board. for comments. actually treated as private by its owner. Melane Conyers-Ausbrooks, Under the Freedom of Information Act Secretary of the Board. SUMMARY: These special conditions are (FOIA) (5 U.S.C. 552), CBI is exempt For the reasons set forth in the issued for the Airbus Helicopters from public disclosure. If your preamble, the Board amends 12 CFR (Airbus) Model H160B helicopter. This comments responsive to these special part 702 as follows: model helicopter will have a novel or conditions contain commercial or unusual design feature associated with financial information that is customarily PART 702—CAPITAL ADEQUACY a 30-minute all engines operating (AEO) treated as private, that you actually treat power rating. The applicable as private, and that is relevant or ■ 1. The authority citation for part 702 airworthiness regulations do not contain responsive to these special conditions, it continues to read as follows: adequate or appropriate safety standards is important that you clearly designate Authority: 12 U.S.C. 1766(a), 1790d. for this design feature. These special the submitted comments as CBI. Please mark each page of your submission ■ 2. In § 702.201, revise and republish conditions contain the additional safety containing CBI as ‘‘PROPIN’’. The FAA the introductory text of paragraph (b)(2) standards that the Administrator will treat such marked submissions as to read as follows: considers necessary to establish a level of safety equivalent to that established confidential under the FOIA, and they § 702.201 Prompt corrective action for by the existing airworthiness standards. will not be placed in the public docket ‘‘adequately capitalized’’ credit unions. DATES: of these special conditions. Submissions * * * * * Effective date: The effective date of containing CBI should be sent to Rao (b) * * * these special conditions is May 4, 2021. Edupuganti, Dynamic System Section, (2) Notwithstanding paragraph (a) of Comment due date: The FAA must AIR–627, Technical Innovation Policy this section, starting on April 19, 2021 receive your comments by May 19, Branch, Policy and Innovation Division, and ending on March 31, 2022, for a 2021. Aircraft Certification Service, 10101 credit union that is adequately ADDRESSES: Send comments identified Hillwood Parkway, Fort Worth, TX capitalized: by docket number FAA–2021–0241 76177; telephone (817) 222–5110; email * * * * * using any of the following methods: [email protected]. Any • commentary that the FAA receives ■ 3. In § 702.206, revise and republish Federal eRegulations Portal: Go to which is not specifically designated as paragraph (c)(4) to read as follows: http://www.regulations.gov and follow the online instructions for sending your CBI will be placed in the public docket § 702.206 Net worth restoration plans. comments electronically. for this rulemaking. * * * * * • Mail: Send comments to Docket Docket: Background documents or (c) * * * Operations, M–30, U.S. Department of comments received may be read at (4) Notwithstanding paragraphs (c)(1), Transportation (DOT), 1200 New Jersey http://www.regulations.gov at any time. (2), and (3) of this section, the Board Avenue SE, Room W12–140, West Follow the online instructions for may permit a credit union that is Building Ground Floor, Washington, DC accessing the docket, or go to the Docket 20590–0001. Operations in Room W12–140 of the 40 NCUA IRPS 15–1. 80 FR 57512 (Sept. 24, 2015). • Hand Delivery of Courier: Take West Building Ground Floor at 1200 41 5 U.S.C. 553(b)(3)(B). comments to Docket Operations in New Jersey Avenue SE, Washington,

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20265

DC, between 9 a.m., and 5 p.m., Monday The FAA will consider all comments of Power Index Indicator for required through Friday, except Federal holidays. received by the closing date for powerplant instruments. comments. The FAA may change these (d) Sections 29.l545(b)(4), 29.l549(b), FOR FURTHER INFORMATION CONTACT: Rao Airspeed and Powerplant indication Edupuganti, Dynamic System Section, special conditions based on the green marking. AIR–627, Technical Innovation Policy comments received. (e) Section 29.1555(c)(l), Usable fuel Branch, Policy and Innovation Division, Background capacity marking. Aircraft Certification Service, 10101 On November 7, 2014, Airbus applied (f) Section 29.807(c), Passenger Hillwood Parkway, Fort Worth, TX for FAA type certification validation of emergency exits—other than side of 76177; telephone (817) 222–5110; email the Model H160B helicopter. Airbus fuselage. [email protected]. applied for an extension on November In addition, the certification basis SUPPLEMENTARY INFORMATION: 1, 2016, which is also the date of the includes certain equivalent safety updated type certification basis. findings that are not relevant to these Reason for No Prior Notice and The Airbus Model H160B is a 14 CFR proposed special conditions. Comment Before Adoption part 29 transport category, twin In addition to the applicable The FAA has determined, in turboshaft engine helicopter. The Airbus airworthiness regulations and special accordance with 5 U.S.C. 553(b)(3)(B) Model H160B helicopter has a conditions, the Airbus Model H160B and 553(d)(3), that notice and maximum takeoff weight of 13,436 lbs. helicopter must comply with the noise opportunity for prior public comment It can hold a maximum of 12 passengers certification requirements of 14 CFR hereon are unnecessary because and 2 crew on board. The Airbus Model part 36, and the FAA must issue a substantially identical special H160B helicopter is a new part 29 finding of regulatory adequacy under conditions have been previously subject helicopter characterized by the section 611 of Public Law 92–574, the to the public comment process in integration of composite materials in its ‘‘Noise Control Act of 1972.’’ airframe construction, five main rotor several prior instances, such that the Regulatory Basis for Special Conditions FAA is satisfied that new comments are blades (i.e., blue edge technology), a unlikely. For the same reason, the FAA Fenestron tail rotor, and a Helionix The Administrator has determined finds that good cause exists for adopting flight deck. that the applicable airworthiness these special conditions upon issuance. Airbus proposes that the Model regulations (that is, 14 CFR part 29) do The FAA is requesting comments to H160B helicopter include the use of a not contain adequate or appropriate allow interested persons to submit novel and unusual design feature, safety standards for the Airbus Model views that may not have been submitted which is a 30-minute AEO power rating. H160B helicopter because of a novel or in response to the prior opportunities The 30-minute AEO power rating is unusual design feature. Therefore, for comment. generally intended to be used for special conditions are prescribed under hovering at increased power for search the provisions of § 21.16. Special Company and helicopter and rescue missions. Title 14 CFR 1.1 The FAA issues special conditions, as conditions No. model defines ‘‘rated takeoff power’’ as limited defined in § 11.19, in accordance with in use to no more than 5 minutes for § 11.38, and they become part of the No. 29–049– Leonardo S.p.A., Model type certification basis under 1 takeoff operation. The use of takeoff SC . AW169. power for 30 minutes will require § 21.17(a)(2). No. 29–037– Airbus Helicopters Deutsch- Special conditions are initially SC 2. land GmbH Model MBB– special airworthiness standards, known BK117 D–2. as special conditions, to address the use applicable to the model for which they No. 29–034– AgustaWestland Model of this 30-minute AEO rating and its are issued. Should the type certificate SC 3. AW189. effects on the rotorcraft. These special for that model be amended later to No. 29–011– Sikorsky Aircraft Corporation conditions will add requirements to the include any other model that SC 4. Model S–92A. existing airworthiness standards in 14 incorporates the same or similar novel No. 29–004– Sikorsky Model S76C. CFR 29.1049 (Hovering cooling test or unusual design feature, the special 5 SC . procedures), 29.1305 (Powerplant conditions would also apply to the other 1 85 FR 34493, June 5, 2020. instruments), and 29.1521 (Powerplant model under § 21.101. 2 79 FR 78694, December 31, 2014. limitations). 3 79 FR 54889, September 15, 2014. Novel or Unusual Design Features 4 67 FR 65871, October 29, 2002. Type Certification Basis The Airbus Model H160B helicopter 5 63 FR 32972, June 17, 1998. Under the provisions of 14 CFR 21.17, will incorporate the following novel or Comments Invited Airbus must show that the Model unusual design feature: H160B helicopter meets applicable A 30-minute AEO power rating. While the FAA did not precede these provisions of the regulations as listed Discussion special conditions with a notice of below. The Airbus Model H160B type proposed special conditions, the FAA certification basis date is November 1, The following is a summary of the invites you to send any written relevant 2016. final special conditions: data, views, or arguments about this 1. 14 CFR part 29, Amendments 29– (a) In addition to the requirements of final special condition. Send your 1 through 29–55, dated January 31, § 29.1049, the aircraft cooling effects comments to an address listed under 2012. due to the use of the 30-minute AEO ADDRESSES. Include ‘‘Docket No. FAA– 2. Equivalent Safety Findings: power rating versus the Takeoff (five- 2021–0241; Special Conditions No. 29– (a) Sections 29.1305, 29.1309, minute) rating must be accounted for in 053–SC’’ at the beginning of your 29.1549, Engine Training Mode. the testing. comments. The most helpful comments (b) Sections 29.1305, 29.1321(a), (b) In addition to the requirements of reference a specific portion of the 29.135l(d)(l), and 29.1435, Part Time § 29.1305, since this new 30-minute special conditions, explain the reason Display of Vehicle Parameters. AEO power rating has a time limit for any recommended change, and (c) Sections 29.1301, 29.1305, associated with its use, the pilot must include supporting data. 29.1309, 29.1321, 29.1549, Substitution have the means to identify:

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20266 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

(1) When the rated engine power level can hover (if less), at sea level, with the DEPARTMENT OF TRANSPORTATION is achieved, power required to hover but not more (2) when the event begins, than the 30-minute power, in the Federal Aviation Administration (3) when the time interval expires, ground effect in still air, until at least and five minutes after the occurrence of the 14 CFR Part 39 (4) when the cumulative time in one highest temperature recorded, or until [Docket No. FAA–2021–0313; Project flight is reached. the continuous time limit of the 30- Identifier MCAI–2021–00348–T; Amendment (c) In addition to the requirements of minute AEO power rating if the highest 39–21516; AD 2021–09–03] § 29.1521, this new 30-minute AEO temperature recorded is not stabilized power rating must be limited to not before. RIN 2120–AA64 more than 30 minutes per use and not more than a 50 minute cumulative time b. At maximum weight and at the Airworthiness Directives; Airbus per flight. This new rating will allow the altitude resulting in zero rate of climb Canada Limited Partnership (Type use of power above maximum for this configuration, until at least five Certificate Previously Held by C Series continuous power (MCP) up to 30 minutes after the occurrence of the Aircraft Limited Partnership (CSALP); minutes. highest temperature recorded, or until Bombardier, Inc.) Airplanes (d) Furthermore, the rotorcraft flight the continuous time limit of the 30- minute AEO power rating if the highest AGENCY: Federal Aviation manual for the Airbus Model H160B Administration (FAA), DOT. helicopter must include limitations on temperature recorded is not stabilized ACTION: Final rule; request for the use of the 30-minute AEO power before. comments. rating, which state that continuous use 2. Section 29.1305 Powerplant above MCP up to take-off power is instruments, at Amendment 29–40. In SUMMARY: The FAA is adopting a new limited to 30 minutes. addition to the requirements of this airworthiness directive (AD) for certain section, for rotorcraft with a 30-minute Applicability Airbus Canada Limited Partnership AEO power rating, a means must be Model BD–500–1A10 and BD–500– As discussed above, these special provided to alert the pilot when the 1A11 airplanes. This AD was prompted conditions are applicable to the Airbus engine is at the 30-minute power level, by reports of the failure of emergency Model H160B helicopter. Should Airbus when the event begins, when the time locator transmitter (ELT) antennas. This apply at a later date for a change to the interval expires, and when the AD requires repetitive replacements of type certificate to include another cumulative time in one flight is reached. the ELT antenna and repetitive model incorporating the same novel or 3. Section 29.1521 Powerplant inspections for damage of the exterior unusual design feature, these special limitations, at Amendment 29–41. In fuselage skin around the ELT antenna conditions would apply to that model as addition to the requirements of this attachment area, as specified in a well. section, the use of the 30-minute AEO Transport Canada Civil Aviation (TCCA) Conclusion power rating must be limited to not AD, which is incorporated by reference. more than 30 minutes per use and not This action affects only a certain The FAA is issuing this AD to address more than a 50 minute cumulative time novel or unusual design feature on the the unsafe condition on these products. per flight. The use of the 30-minute Airbus Model H160B helicopter. It is DATES: This AD becomes effective May power must also be limited by: not a rule of general applicability. 4, 2021. a. The maximum rotational speed The Director of the Federal Register List of Subjects in 14 CFR Part 29 which may not be greater than— approved the incorporation by reference Aircraft, Aviation safety, Reporting (1) The maximum value determined of a certain publication listed in this AD and recordkeeping requirements. by the rotor design; or as of May 4, 2021. The authority citation for these The FAA must receive comments on (2) The maximum value shown during this AD by June 3, 2021. special conditions is as follows: the type tests; ADDRESSES: You may send comments, Authority: 49 U.S.C. 106(f), 106(g), 40113, b. The maximum allowable turbine 44701–44702, 44704. using the procedures found in 14 CFR inlet or turbine outlet gas temperature. 11.43 and 11.45, by any of the following The Special Conditions c. The maximum allowable power or methods: D Accordingly, pursuant to the torque for each engine, considering the • Federal eRulemaking Portal: Go to authority delegated to me by the power input limitations of the https://www.regulations.gov. Follow the Administrator, the following special transmission with all engines operating; instructions for submitting comments. • conditions are issued as part of the type d. The time limit for the use of the Fax: 202–493–2251. • certification basis for the Airbus power corresponding to the limitations Mail: U.S. Department of Helicopters Model H160B helicopter. established in this section, sub- Transportation, Docket Operations, Unless stated otherwise, all paragraphs a. through c. of this section; M–30, West Building Ground Floor, requirements in §§ 29.1049, 29.1305, and Room W12–140, 1200 New Jersey and 29.1521 remain unchanged. Avenue SE, Washington, DC 20590. e. The maximum allowable engine 1. Section 29.1049, Hovering cooling • Hand Delivery: Deliver to Mail and transmission oil temperatures. test procedures. In addition to the address between 9 a.m. and 5 p.m., requirements of this section, for Issued in Kansas City, Missouri on April Monday through Friday, except Federal rotorcraft with a 30-minute all engines 14, 2021. holidays. operating (AEO) power rating, the Patrick R. Mullen, For material incorporated by reference hovering cooling provisions at the 30- Manager, Technical Innovation Policy (IBR) in this AD, contact TCCA, minute AEO power rating must be Branch, Policy and Innovation Division, Transport Canada National Aircraft shown— Aircraft Certification Service. Certification, 159 Cleopatra Drive, a. At maximum weight or at the [FR Doc. 2021–07978 Filed 4–16–21; 8:45 am] Nepean, Ontario K1A 0N5, Canada; greatest weight at which the rotorcraft BILLING CODE 4910–13–P telephone 888–663–3639; email AD-

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20267

[email protected]; internet https:// the exterior fuselage skin around the The FAA has found that the risk to the tc.canada.ca/en/aviation. You may view ELT antenna attachment area for flying public justifies waiving notice this IBR material at the FAA, damage (including cracking). This and comment prior to adoption of this Airworthiness Products Section, material is reasonably available because rule because ELT antenna failure can Operational Safety Branch, 2200 South the interested parties have access to it lead to the possible loss of the ELT 216th St., Des Moines, WA. For through their normal course of business antenna and the development of information on the availability of this or by the means identified in the fuselage cracks that can result in an material at the FAA, call 206–231–3195. ADDRESSES section. inability to maintain cabin pressure. In It is also available in the AD docket on addition, the compliance time for the FAA’s Determination the internet at https:// required action is shorter than the time www.regulations.gov by searching for This product has been approved by necessary for the public to comment and and locating Docket No. FAA–2021– the aviation authority of another for publication of the final rule. 0313. country, and is approved for operation Therefore, the FAA finds good cause in the United States. Pursuant to the that notice and opportunity for prior Examining the AD Docket FAA’s bilateral agreement with the State public comment are impracticable. In You may examine the AD docket on of Design Authority, the FAA has been addition, for the reasons stated above, the internet at https:// notified of the unsafe condition the FAA finds that good cause exists for www.regulations.gov by searching for described in the MCAI referenced making this amendment effective in less and locating Docket No. FAA–2021– above. The FAA is issuing this AD than 30 days. because the FAA evaluated all pertinent 0313; or in person at Docket Operations Comments Invited between 9 a.m. and 5 p.m., Monday information and determined the unsafe through Friday, except Federal holidays. condition exists and is likely to exist or The FAA invites you to send any The AD docket contains this AD, any develop on other products of the same written relevant data, views, or comments received, and other type design. arguments about this AD. Send your comments to an address listed under information. The street address for Requirements of This AD Docket Operations is listed above. ADDRESSES. Include ‘‘Docket No. FAA– This AD requires accomplishing the 2021–0313; Project Identifier MCAI– FOR FURTHER INFORMATION CONTACT: actions specified in TCCA AD CF–2021– 2021–00348–T’’ at the beginning of your Deep Gaurav, Aerospace Engineer, 10 described previously, as incorporated comments. The most helpful comments Airframe and Propulsion Section, FAA, by reference, except for any differences reference a specific portion of the final New York ACO Branch, 1600 Stewart identified as exceptions in the rule, explain the reason for any Avenue, Suite 410, Westbury, NY regulatory text of this AD. recommended change, and include 11590; telephone 516–228–7300; fax supporting data. The FAA will consider 516–794–5531; email 9-avs-nyaco-cos@ Explanation of Required Compliance all comments received by the closing faa.gov. Information date and may amend this final rule SUPPLEMENTARY INFORMATION: In the FAA’s ongoing efforts to because of those comments. improve the efficiency of the AD Except for Confidential Business Background process, the FAA initially worked with Information (CBI) as described in the TCCA, which is the aviation authority Airbus and the European Union following paragraph, and other for Canada, has issued TCCA AD CF– Aviation Safety Agency (EASA) to information as described in 14 CFR 2021–10, dated March 18, 2021 (TCCA develop a process to use certain EASA 11.35, the FAA will post all comments AD CF–2021–10) (also referred to as the ADs as the primary source of received, without change, to https:// Mandatory Continuing Airworthiness information for compliance with www.regulations.gov, including any Information, or the MCAI), to correct an requirements for corresponding FAA personal information you provide. The unsafe condition for certain Airbus ADs. The FAA has since coordinated agency will also post a report Canada Limited Partnership Model BD– with other manufacturers and civil summarizing each substantive verbal 500–1A10 and BD–500–1A11 airplanes. aviation authorities (CAAs) to use this contact received about this final rule. This AD was prompted by reports of process. As a result, TCCA AD CF– Confidential Business Information the failure of ELT antennas, including 2021–10 is incorporated by reference in one case where the antenna departed this final rule. This AD, therefore, CBI is commercial or financial the airplane. The FAA has determined requires compliance with TCCA AD CF– information that is both customarily and that these ELT antenna failures were 2021–10 in its entirety, through that actually treated as private by its owner. caused by vibration loads induced by air incorporation, except for any differences Under the Freedom of Information Act vortices shed by the Gogo 2Ku antenna identified as exceptions in the (FOIA) (5 U.S.C. 552), CBI is exempt radome installed on the airplane. The regulatory text of this AD. Service from public disclosure. If your FAA is issuing this AD to address ELT information specified in TCCA AD CF– comments responsive to this AD contain antenna failure, which can lead to the 2021–10 that is required for compliance commercial or financial information loss of the ELT antenna and the with TCCA AD CF–2021–10 is available that is customarily treated as private, development of fuselage cracks that can on the internet at https:// that you actually treat as private, and result in an inability to maintain cabin www.regulations.gov by searching for that is relevant or responsive to this AD, pressure. See the MCAI for additional and locating Docket No. FAA–2021– it is important that you clearly designate background information. 0313. the submitted comments as CBI. Please mark each page of your submission Related Service Information Under 1 FAA’s Justification and Determination containing CBI as ‘‘PROPIN.’’ The FAA CFR Part 51 of the Effective Date will treat such marked submissions as TCCA AD CF–2021–10 describes An unsafe condition exists that confidential under the FOIA, and they procedures for repetitive replacements requires the immediate adoption of this will not be placed in the public docket of the ELT antenna with a new ELT AD without providing an opportunity of this AD. Submissions containing CBI antenna and repetitive inspections of for public comments prior to adoption. should be sent to Deep Gaurav,

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20268 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

Aerospace Engineer, Airframe and CBI will be placed in the public docket has good cause to adopt this rule Propulsion Section, FAA, New York for this rulemaking. without notice and comment, RFA analysis is not required. ACO Branch, 1600 Stewart Avenue, Regulatory Flexibility Act (RFA) Suite 410, Westbury, NY 11590; Costs of Compliance telephone 516–228–7300; fax 516–794– The requirements of the RFA do not 5531; email [email protected]. apply when an agency finds good cause The FAA estimates that this AD Any commentary that the FAA receives pursuant to 5 U.S.C. 553 to adopt a rule affects 49 airplanes of U.S. registry. The which is not specifically designated as without prior notice and comment. FAA estimates the following costs to Because the FAA has determined that it comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

4 work-hours × $85 per hour = $340 ...... $4,230 $4,570 $223,930

Authority for This Rulemaking the FAA amends 14 CFR part 39 as (f) Compliance Title 49 of the United States Code follows: Comply with this AD within the specifies the FAA’s authority to issue compliance times specified, unless already PART 39—AIRWORTHINESS done. rules on aviation safety. Subtitle I, DIRECTIVES section 106, describes the authority of (g) Requirements the FAA Administrator. Subtitle VII: ■ Except as specified in paragraph (h) of this Aviation Programs, describes in more 1. The authority citation for part 39 AD: Comply with all required actions and detail the scope of the Agency’s continues to read as follows: compliance times specified in, and in authority. Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with, TCCA AD CF–2021–10. The FAA is issuing this rulemaking § 39.13 [Amended] (h) Exception to TCCA AD CF–2021–10 under the authority described in (1) Where TCCA AD CF–2020–10 refers to Subtitle VII, Part A, Subpart III, Section ■ 2. The FAA amends § 39.13 by adding its effective date, this AD requires using the 44701: General requirements. Under the following new airworthiness effective date of this AD. that section, Congress charges the FAA directive: (2) Where TCCA AD CF–2020–10 refers to with promoting safe flight of civil hours air time, this AD requires using flight aircraft in air commerce by prescribing 2021–09–03 Airbus Canada Limited hours. regulations for practices, methods, and Partnership (Type Certificate Previously (3) If any damage is found as a result of the procedures the Administrator finds Held by C Series Aircraft Limited inspections required by this AD, repairs must Partnership (CSALP); Bombardier, Inc.): be done before further flight. necessary for safety in air commerce. Amendment 39–21516; Docket No. (i) Special Flight Permit This regulation is within the scope of FAA–2021–0313; Project Identifier that authority because it addresses an MCAI–2021–00348–T. Special flight permits may be issued in unsafe condition that is likely to exist or accordance with 14 CFR 21.197 and 21.199 develop on products identified in this (a) Effective Date to operate the airplane to a location where rulemaking action. This airworthiness directive (AD) becomes the airplane can be modified (if the operator effective May 4, 2021. elects to do so), provided no passengers are Regulatory Findings onboard. (b) Affected ADs The FAA determined that this AD (j) Other FAA AD Provisions None. will not have federalism implications The following provisions also apply to this under Executive Order 13132. This AD (c) Applicability AD: will not have a substantial direct effect This AD applies to Airbus Canada Limited (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO on the States, on the relationship Partnership (type certificate previously held Branch, FAA, has the authority to approve between the national government and by C Series Aircraft Limited Partnership AMOCs for this AD, if requested using the the States, or on the distribution of (CSALP); Bombardier, Inc.) Model BD–500– power and responsibilities among the procedures found in 14 CFR 39.19. In 1A10 and BD–500–1A11 airplanes, accordance with 14 CFR 39.19, send your various levels of government. certificated in any category, as identified in request to your principal inspector or For the reasons discussed above, I Transport Canada Civil Aviation (TCCA) AD responsible Flight Standards Office, as certify that this AD: CF–2021–10, dated March 18, 2021 (TCCA appropriate. If sending information directly (1) Is not a ‘‘significant regulatory AD CF–2021–10). to the manager of the certification office, action’’ under Executive Order 12866, (d) Subject send it to ATTN: Program Manager, and Continuing Operational Safety, FAA, New (2) Will not affect intrastate aviation Air Transport Association (ATA) of York ACO Branch, 1600 Stewart Avenue, in Alaska. America Code 25, Equipment/furnishings. Suite 410, Westbury, NY 11590; telephone (e) Reason 516–228–7300; fax 516–794–5531. Before List of Subjects in 14 CFR Part 39 using any approved AMOC, notify your This AD was prompted by reports of the Air transportation, Aircraft, Aviation appropriate principal inspector, or lacking a failure of emergency locator transmitter (ELT) principal inspector, the manager of the safety, Incorporation by reference, antennas. The FAA is issuing this AD to responsible Flight Standards Office. Safety. address ELT antenna failure, which can lead (2) Contacting the Manufacturer: For any Adoption of the Amendment to the loss of the ELT antenna and the requirement in this AD to obtain instructions development of fuselage cracks that can from a manufacturer, the instructions must Accordingly, under the authority result in an inability to maintain cabin be accomplished using a method approved delegated to me by the Administrator, pressure. by the Manager, New York ACO Branch,

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20269

FAA; or TCCA; or Airbus Canada Limited SUMMARY: This action modifies the Class History Partnership’s TCCA Design Approval E airspace extending upward from 700 Organization (DAO). If approved by the DAO, The FAA published a notice of feet above the surface at Mc Elroy proposed rulemaking in the Federal the approval must include the DAO- Airfield Airport, Kremmling, CO. authorized signature. Register (85 FR 85568; December 29. Modification of this airspace is 2020) for Docket No. FAA–2020–1097 to (k) Related Information necessary to properly contain modify the Class E airspace at Mc Elroy For more information about this AD, instrument flight rules (IFR) aircraft Airfield Airport, Kremmling, CO. contact Deep Gaurav, Aerospace Engineer, departing and arriving at the airport. Interested parties were invited to Airframe and Propulsion Section, FAA, New Additionally, this action implements participate in this rulemaking effort by York ACO Branch, 1600 Stewart Avenue, administrative updates to the airport’s submitting written comments on the Suite 410, Westbury, NY 11590; telephone name and geographic coordinates. 516–228–7300; fax 516–794–5531; email 9- proposal to the FAA. No comments [email protected]. DATES: Effective 0901 UTC, June 17, were received. Class E5 airspace designations are (l) Material Incorporated by Reference 2021. The Director of the Federal Register approves this incorporation by published in paragraph 6005 of FAA (1) The Director of the Federal Register Order 7400.11E, dated July 21, 2020, approved the incorporation by reference reference action under 1 CFR part 51, subject to the annual revision of FAA and effective September 15, 2020, which (IBR) of the service information listed in this is incorporated by reference in 14 CFR paragraph under 5 U.S.C. 552(a) and 1 CFR Order 7400.11 and publication of part 51. conforming amendments. 71.1. The Class E airspace designation (2) You must use this service information listed in this document will be as applicable to do the actions required by ADDRESSES: FAA Order 7400.11E, published subsequently in the Order. Airspace Designations and Reporting this AD, unless this AD specifies otherwise. Availability and Summary of (i) Transport Canada Civil Aviation (TCCA) Points, and subsequent amendments can Documents for Incorporation by AD CF–2021–10, dated March 18, 2021. be viewed online at https:// Reference (ii) [Reserved] www.faa.gov//air_traffic/publications/. (3) For TCCA AD CF–2021–10, contact For further information, you can contact This document amends FAA Order TCCA, Transport Canada National Aircraft the Airspace Policy Group, Federal 7400.11E, Airspace Designations and Certification, 159 Cleopatra Drive, Nepean, Aviation Administration, 800 Reporting Points, dated July 21, 2020, Ontario K1A 0N5, Canada; telephone 888– and effective September 15, 2020. FAA 663–3639; email [email protected]; internet Independence Avenue SW, Washington, https://tc.canada.ca/en/aviation. DC 20591; telephone: (202) 267–8783. Order 7400.11E is publicly available as (4) You may view this material at the FAA, The Order is also available for listed in the ADDRESSES section of this Airworthiness Products Section, Operational inspection at the National Archives and document. FAA Order 7400.11E lists Safety Branch, 2200 South 216th St., Des Records Administration (NARA). For Class A, B, C, D, and E airspace areas, Moines, WA. For information on the information on the availability of FAA air traffic service routes, and reporting availability of this material at the FAA, call Order 7400.11E at NARA, email points. 206–231–3195. This material may be found in the AD docket on the internet at https:// [email protected] or go to https:// The Rule www.regulations.gov by searching for and www.archives.gov/federal-register/cfr/ ibr-locations.html. This amendment to 14 CFR part 71 locating Docket No. FAA–2021–0313. modifies the Class E airspace extending (5) You may view this material that is FOR FURTHER INFORMATION CONTACT: incorporated by reference at the National upward from 700 feet above the surface Archives and Records Administration Matthew Van Der Wal, Federal Aviation at Mc Elroy Airfield Airport, (NARA). For information on the availability Administration, Western Service Center, Kremmling, CO. This airspace is of this material at NARA, email fedreg.legal@ Operations Support Group, 2200 S designed to contain IFR departures to nara.gov, or go to: https://www.archives.gov/ 216th Street, Des Moines, WA 98198; 1,200 feet above the surface and IFR federal-register/cfr/ibr-locations.html. telephone (206) 231–3695. arrivals descending below 1,500 feet above the surface. The circular radius of Issued on April 14, 2021. SUPPLEMENTARY INFORMATION: Gaetano A. Sciortino, the airport is larger than required and is Deputy Director for Strategic Initiatives, Authority for This Rulemaking reduced from 10.1 miles to 4.6 miles. An area is also added east of the airport Compliance & Airworthiness Division, The FAA’s authority to issue rules Aircraft Certification Service. to contain IFR aircraft departing toward/ regarding aviation safety is found in [FR Doc. 2021–08052 Filed 4–15–21; 11:15 am] over rising terrain and IFR aircraft Title 49 of the United States Code. arriving via the RNAV Runway 27 BILLING CODE 4910–13–P Subtitle I, Section 106 describes the approach. A second area is also added authority of the FAA Administrator. southwest of the airport to contain IFR Subtitle VII, Aviation Programs, DEPARTMENT OF TRANSPORTATION aircraft arriving via the VOR/DME–A describes in more detail the scope of the and the RNAV (GPS)–B approaches. A Federal Aviation Administration agency’s authority. This rulemaking is third area is added west of the airport promulgated under the authority to contain IFR aircraft departing toward/ 14 CFR Part 71 described in Subtitle VII, Part A, over rising terrain. Subpart I, Section 40103. Under that This action also implements [Docket No. FAA–2020–1097; Airspace section, the FAA is charged with administrative updates to the airport’s Docket No. 20–ANM–24] prescribing regulations to assign the use name and geographic coordinates. To RIN 2120–AA66 of airspace necessary to ensure the match the FAA database, ‘‘Kremmling’’ safety of aircraft and the efficient use of has been removed from the second line Amendment of Class E Airspace; airspace. This regulation is within the of the text header and the airport name Kremmling, CO scope of that authority as it modifies is updated to Mc Elroy Airfield Airport. AGENCY: Federal Aviation Class E airspace at Mc Elroy Airfield Further, to match the FAA database, the Administration (FAA), DOT. Airport, Kremmling, CO, to ensure the airport’s geographic coordinates are safety and management of IFR updated to lat. 40°03′12″ N, long. ACTION: Final rule. operations at the airport. 106°22′08″ W.

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20270 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

FAA Order 7400.11, Airspace Points, dated July 21, 2020, and For further information, you can contact Designations and Reporting Points, is effective September 15, 2020, is the Airspace Policy Group, Federal published yearly and effective on amended as follows: Aviation Administration, 800 September 15. Paragraph 6005 Class E Airspace Areas Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. Regulatory Notices and Analyses Extending Upward From 700 Feet or More Above the Surface of the Earth. The Order is also available for The FAA has determined that this * * * * * inspection at the National Archives and regulation only involves an established Records Administration (NARA). For body of technical regulations for which ANM CO E5 Kremmling, CO [Amended] information on the availability of FAA frequent and routine amendments are Mc Elroy Airfield Airport, CO Order 7400.11E at NARA, email necessary to keep them operationally (Lat. 40°03′12″ N, long. 106°22′08″ W) [email protected] or go to https:// current, is non-controversial, and That airspace extending upward from 700 www.archives.gov/federal-register/cfr/ unlikely to result in adverse or negative feet above the surface within a 4.6-mile ibr-locations.html. radius of the airport, and within 2 miles each comments. It, therefore: (1) Is not a FOR FURTHER INFORMATION CONTACT: ‘‘significant regulatory action’’ under side of the 103° bearing from the airport, extending from the 4.6-mile radius to 16 Matthew Van Der Wal, Federal Aviation Executive Order 12866; (2) is not a Administration, Western Service Center, ‘‘significant rule’’ under DOT miles east of the airport, and within 3.4 miles north and 4.2 miles south of the 239° bearing Operations Support Group, 2200 S Regulatory Policies and Procedures (44 from the airport, extending from the 4.6-mile 216th Street, Des Moines, WA 98198; FR 11034; February 26, 1979); and (3) radius to 12.5 miles southwest of the airport, telephone (206) 231–3695. does not warrant preparation of a ° and within 1.8 miles each side of the 283 SUPPLEMENTARY INFORMATION: regulatory evaluation as the anticipated bearing from the airport, extending from the impact is so minimal. Since this is a 4.6-mile radius to 19 miles west of Mc Elroy Authority for This Rulemaking Airfield Airport. routine matter that will only affect air The FAA’s authority to issue rules traffic procedures and air navigation, it Issued in Seattle, Washington, on April 9, regarding aviation safety is found in is certified that this rule, when 2021. Title 49 of the United States Code. promulgated, would not have a B.G. Chew, Subtitle I, Section 106 describes the significant economic impact on a Acting Group Manager, Operations Support authority of the FAA Administrator. substantial number of small entities Group, Western Service Center. Subtitle VII, Aviation Programs, under the criteria of the Regulatory [FR Doc. 2021–07962 Filed 4–16–21; 8:45 am] describes in more detail the scope of the Flexibility Act. BILLING CODE 4910–13–P agency’s authority. This rulemaking is Environmental Review promulgated under the authority described in Subtitle VII, Part A, The FAA has determined that this DEPARTMENT OF TRANSPORTATION Subpart I, Section 40103. Under that action qualifies for categorical exclusion section, the FAA is charged with under the National Environmental Federal Aviation Administration prescribing regulations to assign the use Policy Act in accordance with FAA of airspace necessary to ensure the Order 1050.1F, ‘‘Environmental 14 CFR Part 71 safety of aircraft and the efficient use of Impacts: Policies and Procedures,’’ [Docket No. FAA–2020–1098; Airspace airspace. This regulation is within the paragraph 5–6.5a. This airspace action Docket No. 20–ANM–25] scope of that authority as it modifies is not expected to cause any potentially Class E airspace at Meeker Coulter Field significant environmental impacts, and RIN 2120–AA66 Airport, Meeker, CO, to ensure the no extraordinary circumstances exist safety and management of IFR that warrant the preparation of an Amendment of Class E Airspace; operations at the airport. environmental assessment. Meeker, CO History List of Subjects in 14 CFR Part 71 AGENCY: Federal Aviation Administration (FAA), DOT. Airspace, Incorporation by reference, The FAA published a notice of ACTION: Final rule. Navigation (air). proposed rulemaking in the Federal Register (85 FR 85564; December 29, SUMMARY: Adoption of the Amendment This action modifies the Class 2020) for Docket No. FAA–2020–1098 to E airspace extending upward from 700 In consideration of the foregoing, the modify the Class E airspace at Meeker feet above the surface at Meeker Coulter Coulter Field Airport, Meeker, CO. Federal Aviation Administration Field Airport, Meeker, CO, by reducing amends 14 CFR part 71 as follows: Interested parties were invited to the dimensions of the airspace area. participate in this rulemaking effort by Additionally, this action implements an PART 71—DESIGNATION OF CLASS A, submitting written comments on the administrative update to the airport’s B, C, D, AND E AIRSPACE AREAS; AIR proposal to the FAA. No comments name. TRAFFIC SERVICE ROUTES; AND were received. REPORTING POINTS DATES: Effective 0901 UTC, June 17, Subsequent to the publication of the 2021. The Director of the Federal NPRM, the FAA determined that the ■ 1. The authority citation for 14 CFR Register approves this incorporation by proposed description of the airspace part 71 continues to read as follows: reference action under 1 CFR part 51, created a small gap between the circular Authority: 49 U.S.C. 106(f), 106(g), 40103, subject to the annual revision of FAA radius of the airport and the airspace on 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Order 7400.11 and publication of either side of the 220° bearing from the 1959–1963 Comp., p. 389. conforming amendments. airport. The final rule removes the small ADDRESSES: FAA Order 7400.11E, gap by adjusting the 220° bearing to the § 71.1 [Amended] Airspace Designations and Reporting 221° bearing from the airport, and ■ 2. The incorporation by reference in Points, and subsequent amendments can changes the distance on either side of 14 CFR 71.1 of FAA Order 7400.11E, be viewed online at https:// the 221° bearing from 1.0 mile to 1.1 Airspace Designations and Reporting www.faa.gov//air_traffic/publications/. miles. This adjustment will not impact

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20271

the external boundaries of the airspace. comments. It, therefore: (1) Is not a radius of the airport, and within 1.1 miles Further, the final rule removes excess ‘‘significant regulatory action’’ under each side of the 221° bearing from the airport, verbiage from the airspace’s description. Executive Order 12866; (2) is not a extending from the 3.5-mile radius to 9 mile The corrected airspace description ‘‘significant rule’’ under DOT southwest of the airport, and within 4 miles north and 8 miles south of the 292° bearing reads: That airspace extending upward Regulatory Policies and Procedures (44 from the airport, extending from 2.1 miles from 700 feet above the surface within FR 11034; February 26, 1979); and (3) west of the airport to 18.1 miles west of a 3.5-mile radius of the airport, and does not warrant preparation of a Meeker Coulter Field Airport. within 1.1 miles each side of the 221° regulatory evaluation as the anticipated Issued in Seattle, Washington, on April 9, bearing from the airport, extending from impact is so minimal. Since this is a 2021. the 3.5-mile radius to 9 mile southwest routine matter that will only affect air B.G. Chew, of the airport, and within 4 miles north traffic procedures and air navigation, it and 8 miles south of the 292° bearing is certified that this rule, when Acting Group Manager, Operations Support Group, Western Service Center. from the airport, extending from 2.1 promulgated, would not have a miles west of the airport to 18.1 miles significant economic impact on a [FR Doc. 2021–07961 Filed 4–16–21; 8:45 am] west of Meeker Coulter Field Airport. substantial number of small entities BILLING CODE 4910–13–P Class E5 airspace designations are under the criteria of the Regulatory published in paragraph 6005 of FAA Flexibility Act. Order 7400.11E, dated July 21, 2020, DEPARTMENT OF TRANSPORTATION Environmental Review and effective September 15, 2020, which Federal Aviation Administration is incorporated by reference in 14 CFR The FAA has determined that this 71.1. The Class E airspace designation action qualifies for categorical exclusion 14 CFR Part 97 listed in this document will be under the National Environmental Policy Act in accordance with FAA published subsequently in the Order. [Docket No. 31365; Amdt. No. 3952] Order 1050.1F, ‘‘Environmental Availability and Summary of Impacts: Policies and Procedures,’’ Documents for Incorporation by Standard Instrument Approach paragraph 5–6.5a. This airspace action Reference Procedures, and Takeoff Minimums is not expected to cause any potentially and Obstacle Departure Procedures; This document amends FAA Order significant environmental impacts, and Miscellaneous Amendments 7400.11E, Airspace Designations and no extraordinary circumstances exist Reporting Points, dated July 21, 2020, that warrant the preparation of an AGENCY: Federal Aviation and effective September 15, 2020. FAA environmental assessment. Administration (FAA), DOT. Order 7400.11E is publicly available as ACTION: Final rule. listed in the ADDRESSES section of this List of Subjects in 14 CFR Part 71 document. FAA Order 7400.11E lists Airspace, Incorporation by reference, SUMMARY: This rule amends, suspends, Class A, B, C, D, and E airspace areas, Navigation (air). or removes Standard Instrument air traffic service routes, and reporting Approach Procedures (SIAPs) and Adoption of the Amendment points. associated Takeoff Minimums and In consideration of the foregoing, the Obstacle Departure Procedures for The Rule Federal Aviation Administration operations at certain airports. These This amendment to 14 CFR part 71 amends 14 CFR part 71 as follows: regulatory actions are needed because of modifies the Class E airspace extending the adoption of new or revised criteria, upward from 700 feet above the surface PART 71—DESIGNATION OF CLASS A, or because of changes occurring in the at Meeker Coulter Field Airport, B, C, D, AND E AIRSPACE AREAS; AIR National Airspace System, such as the Meeker, CO. This airspace is designed to TRAFFIC SERVICE ROUTES; AND commissioning of new navigational contain IFR departures to 1,200 feet REPORTING POINTS facilities, adding new obstacles, or above the surface and IFR arrivals changing air traffic requirements. These ■ 1. The authority citation for 14 CFR descending below 1,500 feet above the changes are designed to provide for the part 71 continues to read as follows: surface. The airspace area was larger safe and efficient use of the navigable than required and has been reduced to Authority: 9 U.S.C. 106(f), 106(g), 40103, airspace and to promote safe flight properly contain IFR aircraft departing 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, operations under instrument flight rules and arriving at the airport. 1959–1963 Comp., p. 389. at the affected airports. Additionally, this action implements § 71.1 [Amended] DATES: This rule is effective April 19, an administrative update to the airport’s ■ 2. The incorporation by reference in 2021. The compliance date for each name. To match the FAA database, the SIAP, associated Takeoff Minimums, airport name is updated to Meeker 14 CFR 71.1 of FAA Order 7400.11E, Airspace Designations and Reporting and ODP is specified in the amendatory Coulter Field Airport. provisions. FAA Order 7400.11, Airspace Points, dated July 21, 2020, and The incorporation by reference of Designations and Reporting Points, is effective September 15, 2020, is certain publications listed in the published yearly and effective on amended as follows: regulations is approved by the Director September 15. Paragraph 6005 Class E Airspace Areas of the Federal Register as of April 19, Regulatory Notices and Analyses Extending Upward From 700 Feet or More 2021. Above the Surface of the Earth. The FAA has determined that this * * * * * ADDRESSES: Availability of matter regulation only involves an established incorporated by reference in the body of technical regulations for which ANM CO E5 Meeker, CO [Amended] amendment is as follows: frequent and routine amendments are Meeker Coulter Field Airport, CO necessary to keep them operationally (Lat. 40°02′56″ N, long. 107°53′09″ W) For Examination current, is non-controversial, and That airspace extending upward from 700 1. U.S. Department of Transportation, unlikely to result in adverse or negative feet above the surface within a 3.5-mile Docket Ops–M30, 1200 New Jersey

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20272 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

Avenue SE, West Bldg., Ground Floor, documents is unnecessary. This The FAA has determined that this Washington, DC, 20590–0001; amendment provides the affected CFR regulation only involves an established 2. The FAA Air Traffic Organization sections, and specifies the SIAPs and body of technical regulations for which Service Area in which the affected Takeoff Minimums and ODPs with their frequent and routine amendments are airport is located; applicable effective dates. This necessary to keep them operationally 3. The office of Aeronautical amendment also identifies the airport current. It, therefore—(1) is not a Information Services, 6500 South and its location, the procedure and the ‘‘significant regulatory action’’ under MacArthur Blvd., Oklahoma City, OK amendment number. Executive Order 12866; (2) is not a 73169 or, ‘‘significant rule’’ under DOT regulatory Availability and Summary of Material 4. The National Archives and Records Policies and Procedures (44 FR 11034; Incorporated by Reference Administration (NARA). February 26, 1979); and (3) does not For information on the availability of The material incorporated by warrant preparation of a regulatory this material at NARA, email reference is publicly available as listed evaluation as the anticipated impact is [email protected] or go to: https:// in the ADDRESSES section. so minimal. For the same reason, the www.archives.gov/federal-register/cfr/ The material incorporated by FAA certifies that this amendment will ibr-locations.html. reference describes SIAPs, Takeoff not have a significant economic impact Availability Minimums and ODPs as identified in on a substantial number of small entities the amendatory language for part 97 of under the criteria of the Regulatory All SIAPs and Takeoff Minimums and this final rule. ODPs are available online free of charge. Flexibility Act. Visit the National Flight Data Center The Rule List of Subjects in 14 CFR Part 97 online at nfdc.faa.gov to register. This amendment to 14 CFR part 97 is Air Traffic Control, Airports, Additionally, individual SIAP and effective upon publication of each Incorporation by reference, Navigation Takeoff Minimums and ODP copies may separate SIAP and Takeoff Minimums (air). be obtained from the FAA Air Traffic and ODP as amended in the transmittal. Organization Service Area in which the For safety and timeliness of change Issued in Washington, DC, on April 2, affected airport is located. considerations, this amendment 2021. FOR FURTHER INFORMATION CONTACT: incorporates only specific changes Wade Terrell, Thomas J. Nichols, Flight Procedures contained for each SIAP and Takeoff Aviation Safety, Manager, Flight Procedures and Airspace Group, Flight Minimums and ODP as modified by & Airspace Group, Flight Technologies and Technologies and Procedures Division, FDC permanent NOTAMs. Procedures Division. Flight Standards Service, Federal The SIAPs and Takeoff Minimums Adoption of the Amendment Aviation Administration. Mailing and ODPs, as modified by FDC Address: FAA Mike Monroney permanent NOTAM, and contained in Accordingly, pursuant to the Aeronautical Center, Flight Procedures this amendment are based on criteria authority delegated to me, Title 14, CFR and Airspace Group, 6500 South contained in the U.S. Standard for part 97, (is amended by amending MacArthur Blvd., Registry Bldg. 29 Terminal Instrument Procedures Standard Instrument Approach Room 104, Oklahoma City, OK 73169. (TERPS). In developing these changes to Procedures and Takeoff Minimums and Telephone: (405) 954–4164. SIAPs and Takeoff Minimums and ODPs, effective at 0901 UTC on the SUPPLEMENTARY INFORMATION: This rule ODPs, the TERPS criteria were applied dates specified, as follows: amends 14 CFR part 97 by amending the only to specific conditions existing at referenced SIAPs. The complete the affected airports. All SIAP PART 97—STANDARD INSTRUMENT regulatory description of each SIAP is amendments in this rule have been APPROACH PROCEDURES listed on the appropriate FAA Form previously issued by the FAA in a FDC ■ 8260, as modified by the National Flight NOTAM as an emergency action of 1. The authority citation for part 97 Data Center (NFDC)/Permanent Notice immediate flight safety relating directly continues to read as follows: to Airmen (P–NOTAM), and is to published aeronautical charts. Authority: 49 U.S.C. 106(f), 106(g), 40103, incorporated by reference under 5 The circumstances that created the 40106, 40113, 40114, 40120, 44502, 44514, U.S.C. 552(a), 1 CFR part 51, and 14 need for these SIAP and Takeoff 44701, 44719, 44721–44722. CFR 97.20. The large number of SIAPs, Minimums and ODP amendments ■ 2. Part 97 is amended to read as their complex nature, and the need for require making them effective in less follows: a special format make their verbatim than 30 days. publication in the Federal Register Because of the close and immediate By amending: § 97.23 VOR, VOR/ expensive and impractical. Further, relationship between these SIAPs, DME, VOR or TACAN, and VOR/DME airmen do not use the regulatory text of Takeoff Minimums and ODPs, and or TACAN; § 97.25 LOC, LOC/DME, the SIAPs, but refer to their graphic safety in air commerce, I find that notice LDA, LDA/DME, SDF, SDF/DME; depiction on charts printed by and public procedure under 5 U.S.C. § 97.27 NDB, NDB/DME; § 97.29 ILS, publishers of aeronautical materials. 553(b) are impracticable and contrary to ILS/DME, MLS, MLS/DME, MLS/RNAV; Thus, the advantages of incorporation the public interest and, where § 97.31 RADAR SIAPs; § 97.33 RNAV by reference are realized and applicable, under 5 U.S.C. 553(d), good SIAPs; and § 97.35 COPTER SIAPs, publication of the complete description cause exists for making these SIAPs Identified as follows: of each SIAP contained on FAA form effective in less than 30 days. * * * Effective Upon Publication

AIRAC date State City Airport FDC No. FDC date Subject

20–May–21 .. MN .. Bigfork ...... Bigfork Muni ...... 1/0064 3/25/21 NDB RWY 15, Orig- 20–May–21 .. OH .. Hillsboro ...... Highland County ...... 1/0251 3/11/21 RNAV (GPS) RWY 23, Orig-A 20–May–21 .. TX ... Bonham ...... Jones Fld ...... 1/0270 3/10/21 RNAV (GPS) RWY 35, Amdt 1A 20–May–21 ..I TX ... I Bonham ...... I Jones Fld ...... I 1/0271 I 3/10/21 I RNAV (GPS) RWY 17, Amdt 2A

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20273

AIRAC date State City Airport FDC No. FDC date Subject

20–May–21 .. TX ... Bonham ...... Jones Fld ...... 1/0272 3/10/21 VOR/DME RWY 17, Amdt 1A 20–May–21 .. MN .. Ely ...... Ely Muni ...... 1/0350 3/25/21 RNAV (GPS) RWY 12, Amdt 1B 20–May–21 .. MN .. Ely ...... Ely Muni ...... 1/0351 3/25/21 RNAV (GPS) RWY 30, Amdt 1B 20–May–21 .. KS ... Salina ...... Salina Rgnl ...... 1/0361 3/10/21 ILS OR LOC RWY 35, Amdt 19B 20–May–21 .. KS ... Salina ...... Salina Rgnl ...... 1/0365 3/10/21 RNAV (GPS) RWY 12. Orig 20–May–21 .. KS ... Salina ...... Salina Rgnl ...... 1/0367 3/10/21 RNAV (GPS) RWY 30, Orig 20–May–21 .. KS ... Salina ...... Salina Rgnl ...... 1/0368 3/10/21 RNAV (GPS) RWY 35, Orig 20–May–21 .. KS ... Salina ...... Salina Rgnl ...... 1/0369 3/10/21 RNAV (GPS) RWY 17, Orig 20–May–21 .. LA ... Bunkie ...... Bunkie Muni ...... 1/0370 3/12/21 RNAV (GPS) RWY 36, Orig 20–May–21 .. WI ... Monroe ...... Monroe Muni ...... 1/0404 3/29/21 RNAV (GPS) RWY 12, Orig-A 20–May–21 .. WI ... Monroe ...... Monroe Muni ...... 1/0405 3/29/21 RNAV (GPS) RWY 30, Orig-A 20–May–21 .. WI ... Monroe ...... Monroe Muni ...... 1/0406 3/29/21 VOR/DME RWY 30, Amdt 8A 20–May–21 .. TX ... George West ...... Live Oak County ...... 1/0408 3/12/21 VOR/DME–A, Amdt 2A 20–May–21 .. TX ... George West ...... Live Oak County ...... 1/0409 3/12/21 RNAV (GPS) RWY 13, Orig-A 20–May–21 .. LA ... Thibodaux ...... Thibodaux Muni ...... 1/0427 3/12/21 VOR OR GPS–A, Amdt 1B 20–May–21 .. TX ... Hebbronville ...... Jim Hogg County ...... 1/0435 3/12/21 RNAV (GPS) RWY 13, Orig 20–May–21 .. MN .. Cloquet ...... Cloquet Carlton County ...... 1/0458 2/19/21 RNAV (GPS) RWY 36, Amdt 1B 20–May–21 .. MN .. Cloquet ...... Cloquet Carlton County ...... 1/0459 2/19/21 RNAV (GPS) RWY 18, Orig-B 20–May–21 .. TX ... Seymour ...... Seymour Muni ...... 1/0569 3/29/21 RNAV (GPS) RWY 17, Orig-B 20–May–21 .. PA ... Shamokin ...... Northumberland County ...... 1/0571 3/29/21 RNAV (GPS) RWY 8, Orig-D 20–May–21 .. PA ... Shamokin ...... Northumberland County ...... 1/0572 3/29/21 RNAV (GPS) RWY 26, Orig-C 20–May–21 .. MI .... Gaylord ...... Gaylord Rgnl ...... 1/0580 2/19/21 VOR RWY 27, Amdt 2B 20–May–21 .. MI .... Gaylord ...... Gaylord Rgnl ...... 1/0582 2/19/21 RNAV (GPS) RWY 27, Orig-B 20–May–21 .. MI .... Gaylord ...... Gaylord Rgnl ...... 1/0603 2/19/21 RNAV (GPS) RWY 9, Orig-B 20–May–21 .. MI .... Gaylord ...... Gaylord Rgnl ...... 1/0605 2/19/21 ILS OR LOC RWY 9, Amdt 1A 20–May–21 .. PA ... Coatesville ...... Chester County G O Carlson ...... 1/0613 2/22/21 ILS OR LOC RWY 29, Amdt 7A 20–May–21 .. PA ... Coatesville ...... Chester County G O Carlson ...... 1/0614 2/22/21 RNAV (GPS) RWY 11, Orig-A 20–May–21 .. PA ... Coatesville ...... Chester County G O Carlson ...... 1/0615 2/22/21 RNAV (GPS) RWY 29, Orig-A 20–May–21 .. KS ... Meade ...... Meade Muni ...... 1/0623 2/19/21 RNAV (GPS) RWY 17, Orig-B 20–May–21 .. KS ... Meade ...... Meade Muni ...... 1/0624 2/19/21 RNAV (GPS) RWY 35, Orig-C 20–May–21 .. KS ... Salina ...... Salina Rgnl ...... 1/0658 3/29/21 VOR RWY 17, Amdt 2 20–May–21 .. IA .... Fort Dodge ...... Fort Dodge Rgnl ...... 1/0726 3/29/21 ILS OR LOC RWY 6, Amdt 7C 20–May–21 .. IA .... Fort Dodge ...... Fort Dodge Rgnl ...... 1/0729 3/29/21 RNAV (GPS) RWY 6, Amdt 1A 20–May–21 .. IA .... Fort Dodge ...... Fort Dodge Rgnl ...... 1/0733 3/29/21 RNAV (GPS) RWY 12, Amdt 1A 20–May–21 .. IA .... Fort Dodge ...... Fort Dodge Rgnl ...... 1/0734 3/29/21 RNAV (GPS) RWY 24, Amdt 1B 20–May–21 .. IA .... Fort Dodge ...... Fort Dodge Rgnl ...... 1/0779 3/29/21 RNAV (GPS) RWY 30, Amdt 1A 20–May–21 .. IA .... Fort Dodge ...... Fort Dodge Rgnl ...... 1/0781 3/29/21 VOR RWY 12, Amdt 15 20–May–21 .. IA .... Fort Dodge ...... Fort Dodge Rgnl ...... 1/0783 3/29/21 VOR/DME RWY 30, Amdt 11A 20–May–21 .. IN .... Goshen ...... Goshen Muni ...... 1/0941 3/11/21 ILS OR LOC RWY 27, Amdt 1A 20–May–21 .. IN .... Goshen ...... Goshen Muni ...... 1/0942 3/11/21 RNAV (GPS) RWY 27, Orig-A 20–May–21 .. IN .... Goshen ...... Goshen Muni ...... 1/0943 3/11/21 RNAV (GPS) RWY 9, Orig-A 20–May–21 .. IN .... Goshen ...... Goshen Muni ...... 1/0944 3/11/21 VOR RWY 9, Amdt 12C 20–May–21 .. OR .. Burns ...... Burns Muni ...... 1/1040 3/11/21 RNAV (GPS) RWY 30, Orig-B 20–May–21 .. KS ... Scott City ...... Scott City Muni ...... 1/1198 3/12/21 RNAV (GPS) RWY 17, Orig-A 20–May–21 .. KS ... Scott City ...... Scott City Muni ...... 1/1199 3/12/21 RNAV (GPS) RWY 35, Orig-A 20–May–21 .. TX ... Plainview ...... Hale County ...... 1/1225 3/12/21 RNAV (GPS) RWY 4, Orig-B 20–May–21 .. TX ... Plainview ...... Hale County ...... 1/1226 3/12/21 RNAV (GPS) RWY 22, Orig 20–May–21 .. TX ... Plainview ...... Hale County ...... 1/1227 3/12/21 VOR RWY 4, Amdt 9C 20–May–21 .. GA .. Thomaston ...... Thomaston-Upson County ...... 1/1245 2/23/21 ILS OR LOC RWY 30, Amdt 2B 20–May–21 .. GA .. Thomaston ...... Thomaston-Upson County ...... 1/1246 2/23/21 NDB RWY 30, Amdt 2 20–May–21 .. GA .. Thomaston ...... Thomaston-Upson County ...... 1/1247 2/23/21 RNAV (GPS) RWY 12, Orig 20–May–21 .. GA .. Thomaston ...... Thomaston-Upson County ...... 1/1248 2/23/21 RNAV (GPS) RWY 30, Orig 20–May–21 .. MN .. Willmar ...... Willmar Muni-John L Rice Fld ...... 1/1522 3/10/21 ILS OR LOC RWY 13, Orig-A 20–May–21 .. MN .. Willmar ...... Willmar Muni-John L Rice Fld ...... 1/1523 3/10/21 VOR RWY 31, Orig-B 20–May–21 .. MN .. Willmar ...... Willmar Muni-John L Rice Fld ...... 1/1524 3/10/21 RNAV (GPS) RWY 13, Orig-B 20–May–21 .. OK .. Oklahoma City ...... Clarence E Page Muni ...... 1/1580 3/11/21 RNAV (GPS) RWY 35L, Amdt 2A 20–May–21 .. OK .. Oklahoma City ...... Clarence E Page Muni ...... 1/1581 3/11/21 RNAV (GPS) RWY 17R, Amdt 2A 20–May–21 .. LA ... Bastrop ...... Morehouse Meml ...... 1/1588 3/11/21 RNAV (GPS) RWY 34, Orig-A 20–May–21 .. LA ... Bastrop ...... Morehouse Meml ...... 1/1589 3/11/21 VOR/DME–A, Amdt 9B 20–May–21 .. LA ... Bastrop ...... Morehouse Meml ...... 1/1590 3/11/21 RNAV (GPS) RWY 16, Amdt 1A 20–May–21 .. SC ... Lake City ...... Lake City Muni CJ Evans Fld ...... 1/1595 3/11/21 RNAV (GPS) RWY 1, Orig 20–May–21 .. SC ... Lake City ...... Lake City Muni CJ Evans Fld ...... 1/1596 3/11/21 RNAV (GPS) RWY 19, Orig-A 20–May–21 .. NC .. Winston Salem ...... Smith Reynolds ...... 1/1603 3/11/21 RNAV (GPS) RWY 33, Orig-C 20–May–21 .. NC .. Winston Salem ...... Smith Reynolds ...... 1/1604 3/11/21 RNAV (GPS) RWY 15, Amdt 1C 20–May–21 .. NC .. Winston Salem ...... Smith Reynolds ...... 1/1605 3/11/21 ILS OR LOC RWY 33, Amdt 29D 20–May–21 .. OH .. Jackson ...... James A Rhodes ...... 1/1608 3/12/21 RNAV (GPS) RWY 19, Amdt 1D 20–May–21 .. OH .. Jackson ...... James A Rhodes ...... 1/1609 3/12/21 RNAV (GPS) RWY 1, Amdt 1E 20–May–21 .. OH .. Jackson ...... James A Rhodes ...... 1/1610 3/12/21 VOR/DME–A, Amdt 2C 20–May–21 .. WA .. Moses Lake ...... Grant County Intl ...... 1/1711 3/30/21 ILS OR LOC RWY 32R, Amdt 20D 20–May–21 .. WA .. Moses Lake ...... Grant County Intl ...... 1/1712 3/30/21 NDB RWY 32R, Amdt 17A 20–May–21 .. WA .. Moses Lake ...... Grant County Intl ...... 1/1713 3/30/21 RNAV (GPS) Y RWY 4, Amdt 1B 20–May–21 .. WA .. Moses Lake ...... Grant County Intl ...... 1/1714 3/30/21 RNAV (GPS) Y RWY 22, Amdt 1B

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20274 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

AIRAC date State City Airport FDC No. FDC date Subject

20–May–21 .. WA .. Moses Lake ...... Grant County Intl ...... 1/1715 3/30/21 RNAV (GPS) Y RWY 32R, Amdt 3B 20–May–21 .. WA .. Moses Lake ...... Grant County Intl ...... 1/1716 3/30/21 VOR RWY 4, Amdt 6B 20–May–21 .. WA .. Moses Lake ...... Grant County Intl ...... 1/1717 3/30/21 VOR RWY 22, Amdt 5C 20–May–21 .. WA .. Moses Lake ...... Grant County Intl ...... 1/1718 3/30/21 VOR RWY 32R, Amdt 20B 20–May–21 .. WA .. Moses Lake ...... Grant County Intl ...... 1/1719 3/30/21 VOR 3 RWY 14L, Amdt 1B 20–May–21 .. TN ... Winchester ...... Winchester Muni ...... 1/1747 3/30/21 RNAV (GPS) RWY 36, Orig-B 20–May–21 .. TN ... Winchester ...... Winchester Muni ...... 1/1749 3/30/21 RNAV (GPS) Y RWY 18, Orig-C 20–May–21 .. AR ... Fort Smith ...... Fort Smith Rgnl ...... 1/1821 3/29/21 RADAR–1, Amdt 8D 20–May–21 .. AR ... Fort Smith ...... Fort Smith Rgnl ...... 1/1849 3/29/21 VOR/DME OR TACAN RWY 7, Amdt 11D 20–May–21 .. AR ... Fort Smith ...... Fort Smith Rgnl ...... 1/1850 3/29/21 RNAV (GPS) RWY 25, Amdt 1A 20–May–21 .. AR ... Fort Smith ...... Fort Smith Rgnl ...... 1/1855 3/29/21 RNAV (GPS) RWY 7, Amdt 1A 20–May–21 .. AR ... Fort Smith ...... Fort Smith Rgnl ...... 1/1858 3/29/21 VOR OR TACAN RWY 25, Amdt 20I 20–May–21 .. AR ... Fort Smith ...... Fort Smith Rgnl ...... 1/1860 3/29/21 RNAV (GPS) RWY 1, Amdt 2A 20–May–21 .. CA ... Hayward ...... Hayward Exec ...... 1/1930 2/19/21 LOC/DME RWY 28L, Amdt 3C 20–May–21 .. CA ... Hayward ...... Hayward Exec ...... 1/1933 2/19/21 RNAV (GPS) RWY 28L, Amdt 1C 20–May–21 .. CA ... Lincoln ...... Lincoln Rgnl/Karl Harder Fld ...... 1/1942 2/23/21 RNAV (GPS) RWY 15, Orig-A 20–May–21 .. CA ... Lincoln ...... Lincoln Rgnl/Karl Harder Fld ...... 1/1943 2/23/21 ILS OR LOC RWY 15, Amdt 1A 20–May–21 .. SC ... Camden ...... Woodward Fld ...... 1/2139 3/30/21 VOR/DME–A, Amdt 4 20–May–21 .. SC ... Camden ...... Woodward Fld ...... 1/2146 3/30/21 RNAV (GPS) RWY 24, Orig 20–May–21 .. SC ... Camden ...... Woodward Fld ...... 1/2153 3/30/21 RNAV (GPS) RWY 6, Orig 20–May–21 .. NC .. Franklin ...... Macon County ...... 1/2257 3/10/21 RNAV (GPS)-A, Orig 20–May–21 .. TX ... Alice ...... Alice Intl ...... 1/2272 3/10/21 VOR RWY 31, Amdt 13E 20–May–21 .. TX ... Alice ...... Alice Intl ...... 1/2273 3/10/21 RNAV (GPS) RWY 31, Amdt 1E 20–May–21 .. TX ... Alice ...... Alice Intl ...... 1/2298 3/10/21 LOC/DME RWY 31, Orig-D 20–May–21 .. SC ... North Myrtle Beach Grand Strand ...... 1/2320 3/10/21 VOR RWY 23, Amdt 20 20–May–21 .. SC ... North Myrtle Beach Grand Strand ...... 1/2321 3/10/21 RNAV (GPS) RWY 5, Orig 20–May–21 .. SC ... North Myrtle Beach Grand Strand ...... 1/2323 3/10/21 VOR RWY 5, Amdt 22 20–May–21 .. SC ... North Myrtle Beach Grand Strand ...... 1/2325 3/10/21 RNAV (GPS) RWY 23, Amdt 1A 20–May–21 .. NC .. Plymouth ...... Plymouth Muni ...... 1/2377 3/11/21 RNAV (GPS) RWY 21, Orig-A 20–May–21 .. NC .. Plymouth ...... Plymouth Muni ...... 1/2378 3/11/21 RNAV (GPS) RWY 3, Orig-A 20–May–21 .. MD .. Westminster ...... Carroll County Rgnl/Jack B Poage Fld 1/2381 3/12/21 VOR RWY 34, Amdt 4B 20–May–21 .. MD .. Westminster ...... Carroll County Rgnl/Jack B Poage Fld 1/2382 3/12/21 RNAV (GPS) RWY 34, Amdt 1B 20–May–21 .. MD .. Westminster ...... Carroll County Rgnl/Jack B Poage Fld 1/2383 3/12/21 RNAV (GPS) RWY 16, Amdt 2A 20–May–21 .. OR .. John Day ...... Grant County Rgnl/Ogilvie Fld ...... 1/2388 3/11/21 RNAV (GPS) Y RWY 9, Orig-D 20–May–21 .. NV ... Tonopah ...... Tonopah ...... 1/2749 3/11/21 VOR OR GPS–A, Amdt 3B 20–May–21 .. NE ... Holdrege ...... Brewster Fld ...... 1/2868 3/12/21 RNAV (GPS) RWY 18, Orig 20–May–21 .. NE ... Holdrege ...... Brewster Fld ...... 1/2869 3/12/21 RNAV (GPS) RWY 36, Orig 20–May–21 .. GA .. Winder ...... Barrow County ...... 1/2938 3/11/21 ILS OR LOC RWY 31, Orig-E 20–May–21 .. GA .. Winder ...... Barrow County ...... 1/2939 3/11/21 NDB RWY 31, Amdt 9D 20–May–21 .. GA .. Winder ...... Barrow County ...... 1/2940 3/11/21 RNAV (GPS) RWY 13, Amdt 1B 20–May–21 .. GA .. Winder ...... Barrow County ...... 1/2941 3/11/21 RNAV (GPS) RWY 23, Orig-C 20–May–21 .. GA .. Winder ...... Barrow County ...... 1/2942 3/11/21 RNAV (GPS) RWY 31, Amdt 1D 20–May–21 .. MT .. Scobey ...... Scobey ...... 1/2944 3/10/21 RNAV (GPS) RWY 12, Orig-C 20–May–21 .. VA ... Culpeper ...... Culpeper Rgnl ...... 1/3060 2/11/21 LOC RWY 4, Orig 20–May–21 .. VA ... Culpeper ...... Culpeper Rgnl ...... 1/3061 2/11/21 NDB RWY 4, Orig 20–May–21 .. VA ... Culpeper ...... Culpeper Rgnl ...... 1/3064 2/11/21 VOR–A, Amdt 5 20–May–21 .. WI ... Park Falls ...... Park Falls Muni ...... 1/3065 2/11/21 RNAV (GPS) RWY 36, Orig-C 20–May–21 .. WI ... Park Falls ...... Park Falls Muni ...... 1/3068 2/11/21 RNAV (GPS) RWY 18, Orig-B 20–May–21 .. SC ... Mount Pleasant ...... Mt Pleasant Rgnl-Faison Fld ...... 1/3212 2/18/21 RNAV (GPS) RWY 17, Orig-D 20–May–21 .. SC ... Mount Pleasant ...... Mt Pleasant Rgnl-Faison Fld ...... 1/3213 2/18/21 RNAV (GPS) RWY 35, Orig-E 20–May–21 .. SC ... Mount Pleasant ...... Mt Pleasant Rgnl-Faison Fld ...... 1/3214 2/18/21 VOR/DME–A, Amdt 1B 20–May–21 .. WI ... Sturgeon Bay ...... Door County Cherryland ...... 1/3343 3/12/21 RNAV (GPS) RWY 20, Amdt 1B 20–May–21 .. WI ... Sturgeon Bay ...... Door County Cherryland ...... 1/3348 3/12/21 RNAV (GPS) RWY 2, Amdt 1C 20–May–21 .. AL ... Andalusia ...... South Alabama Rgnl At Bill Benton 1/3351 3/10/21 RNAV (GPS) RWY 11, Amdt 2B Fld. 20–May–21 .. MN .. Pine River ...... Pine River Rgnl ...... 1/3352 3/18/21 RNAV (GPS) RWY 34, Orig 20–May–21 .. AL ... Andalusia ...... South Alabama Rgnl At Bill Benton 1/3353 3/10/21 RNAV (GPS) RWY 29, Amdt 2B Fld. 20–May–21 .. MN .. Glenwood ...... Glenwood Muni ...... 1/3355 3/25/21 RNAV (GPS) RWY 15, Orig-B 20–May–21 .. MN .. Glenwood ...... Glenwood Muni ...... 1/3356 3/25/21 RNAV (GPS) RWY 33, Amdt 1B 20–May–21 .. MN .. Glenwood ...... Glenwood Muni ...... 1/3357 3/25/21 VOR RWY 33, Amdt 2C 20–May–21 .. NY ... Massena ...... Massena Intl-Richards Fld ...... 1/3364 3/18/21 ILS OR LOC RWY 5, Amdt 3B 20–May–21 .. NY ... Massena ...... Massena Intl-Richards Fld ...... 1/3365 3/18/21 RNAV (GPS) RWY 5, Amdt 2B 20–May–21 .. TX ... Amarillo ...... Tradewind ...... 1/3382 3/12/21 RNAV (GPS) RWY 35, Orig-A 20–May–21 .. FL ... Gainesville ...... Gainesville Rgnl ...... 1/3386 3/23/21 RNAV (GPS) RWY 11, Amdt 1B 20–May–21 .. FL ... Gainesville ...... Gainesville Rgnl ...... 1/3387 3/23/21 RNAV (GPS) RWY 25, Amdt 1B 20–May–21 .. FL ... Gainesville ...... Gainesville Rgnl ...... 1/3388 3/23/21 RNAV (GPS) RWY 29, Amdt 1B 20–May–21 .. FL ... Gainesville ...... Gainesville Rgnl ...... 1/3389 3/23/21 RNAV (GPS) RWY 7, Amdt 1A 20–May–21 .. AZ ... Chandler ...... Chandler Muni ...... 1/3445 3/25/21 RNAV (GPS) RWY 4R, Orig-A 20–May–21 .. AZ ... Chandler ...... Chandler Muni ...... 1/3446 3/25/21 VOR RWY 4R, Orig-A

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20275

AIRAC date State City Airport FDC No. FDC date Subject

20–May–21 .. AL ... Russellville ...... Bill Pugh Fld ...... 1/3511 3/25/21 RNAV (GPS) RWY 2, Orig-C 20–May–21 .. AL ... Russellville ...... Bill Pugh Fld ...... 1/3513 3/25/21 RNAV (GPS) RWY 20, Orig-B 20–May–21 .. WA .. Moses Lake ...... Grant County Intl ...... 1/3537 3/30/21 RNAV (GPS) Y RWY 14L, Amdt 1B 20–May–21 .. WA .. Moses Lake ...... Grant County Intl ...... 1/3546 3/25/21 VOR 1 RWY 14L, Amdt 1B 20–May–21 .. WV .. Huntington ...... Tri-State/Milton J Ferguson Fld ...... 1/3598 3/18/21 RNAV (GPS) RWY 12, Amdt 3B 20–May–21 .. MN .. Bigfork ...... Bigfork Muni ...... 1/3742 3/25/21 RNAV (GPS) RWY 15, Orig-C 20–May–21 .. MN .. Bigfork ...... Bigfork Muni ...... 1/3743 3/25/21 RNAV (GPS) RWY 33, Orig-E 20–May–21 .. AR ... Ozark ...... Ozark-Franklin County ...... 1/3980 3/12/21 RNAV (GPS) RWY 4, Orig-A 20–May–21 .. PA ... Reading ...... Reading Rgnl/Carl A Spaatz Fld ...... 1/4000 2/23/21 ILS OR LOC RWY 36, Amdt 30C 20–May–21 .. PA ... Reading ...... Reading Rgnl/Carl A Spaatz Fld ...... 1/4001 2/23/21 RNAV (GPS) RWY 13, Orig-A 20–May–21 .. PA ... Reading ...... Reading Rgnl/Carl A Spaatz Fld ...... 1/4002 2/23/21 RNAV (GPS) RWY 18, Orig-A 20–May–21 .. PA ... Reading ...... Reading Rgnl/Carl A Spaatz Fld ...... 1/4003 2/23/21 RNAV (GPS) RWY 36, Orig-B 20–May–21 .. NC .. Reidsville ...... Rockingham County NC Shiloh ...... 1/4037 2/17/21 RNAV (GPS) RWY 13, Orig-A 20–May–21 .. NC .. Reidsville ...... Rockingham County NC Shiloh ...... 1/4039 2/17/21 VOR/DME–A, Amdt 9B 20–May–21 .. NE ... Hartington ...... Hartington Muni/Bud Becker Fld ...... 1/4179 3/12/21 VOR/DME RWY 31, Orig-C 20–May–21 .. AL ... Florala ...... Florala Muni ...... 1/4193 1/21/21 RNAV (GPS) RWY 22, Amdt 1A 20–May–21 .. MN .. Fergus Falls...... Fergus Falls Muni-Einar Mickelson 1/4359 3/18/21 ILS OR LOC RWY 31, Amdt 2 Fld. 20–May–21 .. MN .. Fergus Falls...... Fergus Falls Muni-Einar Mickelson 1/4362 3/18/21 RNAV (GPS) RWY 35, Orig Fld. 20–May–21 .. PA ... Gettysburg ...... Gettysburg Rgnl ...... 1/4437 3/12/21 RNAV (GPS)–A, Orig 20–May–21 .. NC .. Reidsville ...... Rockingham County NC Shiloh ...... 1/4504 2/17/21 RNAV (GPS) RWY 31, Orig-B 20–May–21 .. NC .. Reidsville ...... Rockingham County NC Shiloh ...... 1/4507 2/17/21 NDB RWY 31, Amdt 5B 20–May–21 .. MN .. Fergus Falls...... Fergus Falls Muni-Einar Mickelson 1/4510 3/18/21 RNAV (GPS) RWY 13, Orig-A Fld. 20–May–21 .. MN .. Fergus Falls...... Fergus Falls Muni-Einar Mickelson 1/4512 3/18/21 RNAV (GPS) RWY 31, Orig-A Fld. 20–May–21 .. MN .. Fergus Falls...... Fergus Falls Muni-Einar Mickelson 1/4514 3/18/21 VOR RWY 13, Amdt 1 Fld. 20–May–21 .. AR ... El Dorado ...... South Arkansas Rgnl At Goodwin Fld 1/4668 3/17/21 ILS OR LOC RWY 22, Amdt 2E 20–May–21 .. AR ... El Dorado ...... South Arkansas Rgnl At Goodwin Fld 1/4669 3/17/21 VOR/DME RWY 4, Amdt 10C 20–May–21 .. AR ... El Dorado ...... South Arkansas Rgnl At Goodwin Fld 1/4670 3/17/21 RNAV (GPS) RWY 22, Orig-C 20–May–21 .. AR ... El Dorado ...... South Arkansas Rgnl At Goodwin Fld 1/4671 3/17/21 RNAV (GPS) RWY 4, Orig-C 20–May–21 .. SD ... Gregory ...... Gregory Muni—Flynn Fld ...... 1/5046 3/19/21 RNAV (GPS) RWY 31, Orig-A 20–May–21 .. GA .. Cairo ...... Cairo-Grady County ...... 1/5324 1/22/21 RNAV (GPS) RWY 31, Amdt 1A 20–May–21 .. GA .. Cairo ...... Cairo-Grady County ...... 1/5325 1/22/21 RNAV (GPS) RWY 13, Amdt 1B 20–May–21 .. SC ... Chester ...... Chester Catawba Rgnl ...... 1/5337 1/22/21 NDB RWY 35, Amdt 2 20–May–21 .. SC ... Chester ...... Chester Catawba Rgnl ...... 1/5338 1/22/21 RNAV (GPS) RWY 17, Amdt 1 20–May–21 .. SC ... Chester ...... Chester Catawba Rgnl ...... 1/5339 1/22/21 RNAV (GPS) RWY 35, Amdt 1 20–May–21 .. KY ... Henderson ...... Henderson City-County ...... 1/5360 3/17/21 VOR–A, Amdt 10 20–May–21 .. AZ ... Kingman ...... Kingman ...... 1/5676 3/19/21 VOR/DME RWY 21, Amdt 7C 20–May–21 .. AZ ... Kingman ...... Kingman ...... 1/5677 3/19/21 RNAV (GPS) RWY 3, Orig-B 20–May–21 .. AZ ... Kingman ...... Kingman ...... 1/5678 3/19/21 RNAV (GPS) Y RWY 21, Orig-B 20–May–21 .. AL ... Fairhope ...... H L Sonny Callahan ...... 1/5679 3/19/21 VOR/DME–A, Amdt 7 20–May–21 .. AL ... Fairhope ...... H L Sonny Callahan ...... 1/5680 3/19/21 RNAV (GPS) RWY 19, Amdt 2A 20–May–21 .. AL ... Fairhope ...... H L Sonny Callahan ...... 1/5684 3/19/21 RNAV (GPS) RWY 1, Amdt 2A 20–May–21 .. WI ... Janesville ...... Southern Wisconsin Rgnl ...... 1/5685 3/19/21 RNAV (GPS) RWY 14, Amdt 1A 20–May–21 .. WI ... Janesville ...... Southern Wisconsin Rgnl ...... 1/5686 3/19/21 RNAV (GPS) RWY 4, Amdt 1 20–May–21 .. WI ... Janesville ...... Southern Wisconsin Rgnl ...... 1/5687 3/19/21 ILS OR LOC RWY 32, Amdt 1A 20–May–21 .. WI ... Janesville ...... Southern Wisconsin Rgnl ...... 1/5688 3/19/21 RNAV (GPS) RWY 32, Orig-B 20–May–21 .. WI ... Janesville ...... Southern Wisconsin Rgnl ...... 1/5694 3/19/21 RNAV (GPS) RWY 22, Amdt 1 20–May–21 .. WI ... Janesville ...... Southern Wisconsin Rgnl ...... 1/5695 3/19/21 ILS OR LOC RWY 4, Amdt 12A 20–May–21 .. OK .. Henryetta ...... Henryetta Muni ...... 1/5717 3/19/21 RNAV (GPS) RWY 36, Orig-C 20–May–21 .. TX ... Paris ...... Cox Fld ...... 1/6150 3/19/21 VOR RWY 35, Amdt 2A 20–May–21 .. TX ... Paris ...... Cox Fld ...... 1/6151 3/19/21 RNAV (GPS) RWY 35, Orig 20–May–21 .. TX ... Paris ...... Cox Fld ...... 1/6152 3/19/21 RNAV (GPS) RWY 17, Orig 20–May–21 .. KS ... Emporia ...... Emporia Muni ...... 1/6203 3/18/21 RNAV (GPS) RWY 1, Orig-A 20–May–21 .. KS ... Emporia ...... Emporia Muni ...... 1/6205 3/18/21 RNAV (GPS) RWY 19, Orig-A 20–May–21 .. KS ... Emporia ...... Emporia Muni ...... 1/6206 3/18/21 VOR–A, Amdt 14A 20–May–21 .. NC .. Edenton ...... Northeastern Rgnl ...... 1/6488 3/26/21 RNAV (GPS) RWY 19, Amdt 2B 20–May–21 .. NC .. Edenton ...... Northeastern Rgnl ...... 1/6489 3/26/21 ILS OR LOC RWY 19, Orig-C 20–May–21 .. NY ... Dansville ...... Dansville Muni ...... 1/6738 2/22/21 RNAV (GPS) RWY 14, Orig-B 20–May–21 .. NY ... Dansville ...... Dansville Muni ...... 1/6739 2/22/21 RNAV (GPS)-A, Orig 20–May–21 .. PR ... Mayaguez ...... Eugenio Maria De Hostos ...... 1/6848 3/30/21 VOR RWY 9, Amdt 10A 20–May–21 .. PR ... Mayaguez ...... Eugenio Maria De Hostos ...... 1/6855 3/30/21 RNAV (GPS) RWY 9, Orig-B 20–May–21 .. NC .. Lexington ...... Davidson County ...... 1/7305 3/19/21 ILS OR LOC RWY 6, Amdt 1C 20–May–21 .. NC .. Lexington ...... Davidson County ...... 1/7306 3/19/21 RNAV (GPS) RWY 24, Orig-A 20–May–21 .. NC .. Lexington ...... Davidson County ...... 1/7307 3/19/21 RNAV (GPS) RWY 6, Orig-A 20–May–21 .. NC .. Currituck ...... Currituck County Rgnl ...... 1/7407 3/26/21 VOR/DME–A, Amdt 1 20–May–21 .. NC .. Currituck ...... Currituck County Rgnl ...... 1/7409 3/26/21 RNAV (GPS) RWY 23, Orig-B 20–May–21 .. NC .. Currituck ...... Currituck County Rgnl ...... 1/7413 3/26/21 RNAV (GPS) RWY 5, Orig 20–May–21 .. MS .. Tunica ...... Tunica Muni ...... 1/7503 3/10/21 RNAV (GPS) RWY 35, Amdt 2A 20–May–21 .. MS .. Tunica ...... Tunica Muni ...... 1/7504 3/10/21 RNAV (GPS) RWY 17, Amdt 3A

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20276 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

AIRAC date State City Airport FDC No. FDC date Subject

20–May–21 .. MS .. Tunica ...... Tunica Muni ...... 1/7505 3/10/21 ILS OR LOC RWY 35, Amdt 1 20–May–21 .. TN ... Dyersburg ...... Dyersburg Rgnl ...... 1/7753 2/22/21 RNAV (GPS) RWY 4, Amdt 2C 20–May–21 .. TN ... Dyersburg ...... Dyersburg Rgnl ...... 1/7754 2/22/21 VOR–A, Amdt 18A 20–May–21 .. TN ... Dyersburg ...... Dyersburg Rgnl ...... 1/7755 2/22/21 RNAV (GPS) RWY 22, Amdt 1B 20–May–21 .. MN .. Alexandria ...... Chandler Fld ...... 1/7812 2/19/21 RNAV (GPS) RWY 31, Amdt 1 20–May–21 .. MN .. Alexandria ...... Chandler Fld ...... 1/7813 2/19/21 VOR RWY 22, Amdt 15A 20–May–21 .. MN .. Alexandria ...... Chandler Fld ...... 1/7814 2/19/21 ILS OR LOC RWY 31, Orig-D 20–May–21 .. TX ... Stephenville ...... Stephenville Clark Rgnl ...... 1/7893 3/25/21 RNAV (GPS) RWY 14, Orig-A 20–May–21 .. TX ... Stephenville ...... Stephenville Clark Rgnl ...... 1/7894 3/25/21 RNAV (GPS) RWY 32, Orig-A 20–May–21 .. MI .... Dowagiac ...... Dowagiac Muni ...... 1/8248 3/11/21 RNAV (GPS) RWY 9, Orig 20–May–21 .. MI .... Dowagiac ...... Dowagiac Muni ...... 1/8249 3/11/21 RNAV (GPS) RWY 27, Orig 20–May–21 .. WY .. Worland ...... Worland Muni ...... 1/8477 3/23/21 RNAV (GPS) RWY 16, Orig-B 20–May–21 .. WY .. Worland ...... Worland Muni ...... 1/8478 3/23/21 RNAV (GPS) RWY 34, Orig-B 20–May–21 .. WY .. Worland ...... Worland Muni ...... 1/8479 3/23/21 VOR RWY 16, Amdt 6B 20–May–21 .. MT .. Glendive ...... Dawson Community ...... 1/8553 1/29/21 RNAV (GPS) RWY 12, Orig-B 20–May–21 .. MT .. Glendive ...... Dawson Community ...... 1/8554 1/29/21 RNAV (GPS) RWY 30, Orig-B 20–May–21 .. GA .. Bainbridge ...... Decatur County Industrial Air Park ..... 1/8590 2/22/21 ILS OR LOC RWY 27, Orig-A 20–May–21 .. GA .. Bainbridge ...... Decatur County Industrial Air Park ..... 1/8595 2/22/21 VOR–A, Amdt 4 20–May–21 .. GA .. Bainbridge ...... Decatur County Industrial Air Park ..... 1/8596 2/22/21 RNAV (GPS) RWY 27, Amdt 1 20–May–21 .. GA .. Bainbridge ...... Decatur County Industrial Air Park ..... 1/8597 2/22/21 RNAV (GPS) RWY 9, Amdt 1 20–May–21 .. KS ... Salina ...... Salina Rgnl ...... 1/9485 3/3/21 NDB RWY 35, Amdt 17B 20–May–21 .. NC .. Clinton ...... Clinton-Sampson County ...... 1/9814 3/25/21 RNAV (GPS) RWY 6, Amdt 2B 20–May–21 .. NC .. Clinton ...... Clinton-Sampson County ...... 1/9815 3/25/21 RNAV (GPS) Y RWY 24, Amdt 1B 20–May–21 .. NC .. Clinton ...... Clinton-Sampson County ...... 1/9816 3/25/21 LOC RWY 6, Amdt 3B 20–May–21 .. NC .. Clinton ...... Clinton-Sampson County ...... 1/9817 3/25/21 VOR/DME–A, Amdt 6A

[FR Doc. 2021–07849 Filed 4–16–21; 8:45 am] SIAP, associated Takeoff Minimums, Service Area in which the affected BILLING CODE 4910–13–P and ODP is specified in the amendatory airport is located. provisions. FOR FURTHER INFORMATION CONTACT: The incorporation by reference of Thomas J. Nichols, Flight Procedures DEPARTMENT OF TRANSPORTATION certain publications listed in the and Airspace Group, Flight regulations is approved by the Director Technologies and Procedures Division, Federal Aviation Administration of the Federal Register as of April 19, Flight Standards Service, Federal 2021. Aviation Administration. Mailing 14 CFR Part 97 ADDRESSES: Availability of matters Address: FAA Mike Monroney [Docket No. 31364; Amdt. No. 3951] incorporated by reference in the Aeronautical Center, Flight Procedures amendment is as follows: and Airspace Group, 6500 South Standard Instrument Approach MacArthur Blvd., Registry Bldg 29 Procedures, and Takeoff Minimums For Examination Room 104, Oklahoma City, OK 73169. and Obstacle Departure Procedures; 1. U.S. Department of Transportation, Telephone (405) 954–4164. Miscellaneous Amendments Docket Ops–M30. 1200 New Jersey SUPPLEMENTARY INFORMATION: This rule AGENCY: Federal Aviation Avenue SE, West Bldg., Ground Floor, amends 14 CFR part 97 by establishing, Administration (FAA), DOT. Washington, DC, 20590–0001. amending, suspending, or removes ACTION: Final rule. 2. The FAA Air Traffic Organization SIAPS, Takeoff Minimums and/or Service Area in which the affected ODPS. The complete regulatory SUMMARY: This rule establishes, amends, airport is located; description of each SIAP and its suspends, or removes Standard 3. The office of Aeronautical associated Takeoff Minimums or ODP Instrument Approach Procedures Information Services, 6500 South for an identified airport is listed on FAA (SIAPS) and associated Takeoff MacArthur Blvd., Oklahoma City, OK form documents which are incorporated Minimums and Obstacle Departure 73169 or, by reference in this amendment under 5 procedures (ODPs) for operations at 4. The National Archives and Records U.S.C. 552(a), 1 CFR part 51, and 14 certain airports. These regulatory Administration (NARA). For CFR part 97.20. The applicable FAA actions are needed because of the information on the availability of this Forms 8260–3, 8260–4, 8260–5, 8260– adoption of new or revised criteria, or material at NARA, email fedreg.legal@ 15A, 8260–15B, when required by an because of changes occurring in the nara.gov or go to: https:// entry on 8260–15A, and 8260–15C. National Airspace System, such as the www.archives.gov/federal-register/cfr/ The large number of SIAPs, Takeoff commissioning of new navigational ibr-locations.html. Minimums and ODPs, their complex facilities, adding new obstacles, or nature, and the need for a special format changing air traffic requirements. These Availability make publication in the Federal changes are designed to provide safe All SIAPs and Takeoff Minimums and Register expensive and impractical. and efficient use of the navigable ODPs are available online free of charge. Further, airmen do not use the airspace and to promote safe flight Visit the National Flight Data Center at regulatory text of the SIAPs, Takeoff operations under instrument flight rules nfdc.faa.gov to register. Additionally, Minimums or ODPs, but instead refer to at the affected airports. individual SIAP and Takeoff Minimums their graphic depiction on charts DATES: This rule is effective April 19, and ODP copies may be obtained from printed by publishers or aeronautical 2021. The compliance date for each the FAA Air Traffic Organization materials. Thus, the advantages of

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20277

incorporation by reference are realized current. It, therefore—(1) is not a Hilo, HI, PHTO, ILS OR LOC RWY 26, Amdt and publication of the complete ‘‘significant regulatory action’’ under 14A description of each SIAP, Takeoff Executive Order 12866; (2) is not a Honolulu, HI, PHNL, RNAV (GPS) RWY 8R, Minimums and ODP listed on FAA form ‘‘significant rule’’ under DOT Amdt 1 Carbondale/Murphysboro, IL, KMDH, ILS OR documents is unnecessary. This Regulatory Policies and Procedures (44 LOC RWY 18L, Amdt 13B amendment provides the affected CFR FR 11034; February 26, 1979); and (3) Carbondale/Murphysboro, IL, KMDH, NDB sections and specifies the typed of does not warrant preparation of a RWY 18L, Amdt 13B SIAPS, Takeoff Minimums and ODPs regulatory evaluation as the anticipated Chicago, IL, KMDW, RNAV (GPS) Z RWY 4R, with their applicable effective dates. impact is so minimal. For the same Amdt 4 This amendment also identifies the reason, the FAA certifies that this Chicago, IL, KMDW, RNAV (RNP) Y RWY airport and its location, the procedure, amendment will not have a significant 4R, Amdt 1 and the amendment number. economic impact on a substantial Marion, IL, KMWA, ILS OR LOC RWY 20, Amdt 12C Availability and Summary of Material number of small entities under the Marion, IL, KMWA, RNAV (GPS) RWY 2, Incorporated by Reference criteria of the Regulatory Flexibility Act. Amdt 1D Lists of Subjects in 14 CFR Part 97 Marion, IL, KMWA, RNAV (GPS) RWY 20, The material incorporated by Amdt 1D reference is publicly available as listed Air Traffic Control, Airports, Marion, IL, KMWA, VOR RWY 2, Amdt 13E, in the ADDRESSES section. Incorporation by reference, Navigation CANCELLED The material incorporated by (Air). Beverly, MA, KBVY, RNAV (GPS) RWY 16, reference describes SIAPS, Takeoff Amdt 2 Minimums and/or ODPs as identified in Issued in Washington, DC, on April 2, Boston, MA, KBOS, ILS OR LOC RWY 33L, the amendatory language for part 97 of 2021. ILS RWY 33L (SA CAT I), ILS RWY 33L this final rule. Wade Terrell, (CAT II), ILS RWY 33L (CAT III), Amdt 5F Aviation Safety, Manager, Flight Procedures Ocean City, MD, KOXB, LOC RWY 14, Amdt The Rule & Airspace Group, Flight Technologies and 2B, CANCELLED This amendment to 14 CFR part 97 is Procedures Division. Ocean City, MD, KOXB, LOC RWY 32, Orig Greenville, ME, Greenville Muni, Takeoff effective upon publication of each Adoption of the Amendment Minimums and Obstacle DP, Amdt 3 separate SIAP, Takeoff Minimums and Presque Isle, ME, KPQI, ILS OR LOC RWY 1, ODP as amended in the transmittal. Accordingly, pursuant to the Amdt 7A Some SIAP and Takeoff Minimums and authority delegated to me, Title 14, Eveleth, MN, KEVM, VOR RWY 27, Amdt 1B, textual ODP amendments may have Code of Federal Regulations, Part 97 (14 CANCELLED been issued previously by the FAA in a CRF part 97) is amended by Preston, MN, KFKA, RNAV (GPS) RWY 29, Flight Data Center (FDC) Notice to establishing, amending, suspending, or Amdt 1E Airmen (NOTAM) as an emergency removing Standard Instrument St Paul, MN, KSTP, RNAV (GPS) RWY 32, action of immediate flights safety Approach Procedures and/or Takeoff Amdt 1A Cuba, MO, KUBX, RNAV (GPS) RWY 36, relating directly to published Minimums and Obstacle Departure Procedures effective at 0901 UTC on the Amdt 1 aeronautical charts. Grain Valley, MO, 3GV, RNAV (GPS) RWY 9, The circumstances that created the dates specified, as follows: Orig-A need for some SIAP and Takeoff PART 97—STANDARD INSTRUMENT Potosi, MO, 8WC, RNAV (GPS) RWY 2, Amdt Minimums and ODP amendments may 2D require making them effective in less APPROACH PROCEDURES Salem, MO, K33, VOR–A, Orig-A, than 30 days. For the remaining SIAPs CANCELLED ■ 1. The authority citation for part 97 and Takeoff Minimums and ODPs, an Billings, MT, KBIL, ILS OR LOC RWY 28R, continues to read as follows: effective date at least 30 days after Amdt 3A publication is provided. Authority: 49 U.S.C. 106(f), 106(g), 40103, Billings, MT, KBIL, RNAV (GPS) RWY 7, Amdt 2A Further, the SIAPs and Takeoff 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721–44722. Billings, MT, KBIL, RNAV (GPS) RWY 10L, Minimums and ODPs contained in this Amdt 4A amendment are based on the criteria ■ 2. Part 97 is amended to read as Billings, MT, KBIL, RNAV (GPS) RWY 25, contained in the U.S. Standard for follows: Amdt 2A Terminal Instrument Procedures Billings, MT, KBIL, RNAV (GPS) Y RWY 28R, (TERPS). In developing these SIAPs and Effective 17 June 2021 Amdt 4A Takeoff Minimums and ODPs, the Fairbanks, AK, Fairbanks Intl, Takeoff Billings, MT, KBIL, RNAV (RNP) Z RWY TERPS criteria were applied to the Minimums and Obstacle DP, Amdt 6B 28R, Amdt 1A conditions existing or anticipated at the Fort Smith, AR, KFSM, ILS OR LOC RWY 7, Williston, ND, KXWA, RNAV (GPS) RWY 4, Amdt 1A Orig affected airports. Because of the close St Johns, AZ, KSJN, VOR–A, Amdt 3 Williston, ND, KXWA, RNAV (GPS) RWY 22, and immediate relationship between Mammoth Lakes, CA, Mammoth Yosemite, Orig these SIAPs, Takeoff Minimums and NIKOL TWO Graphic DP Williston, ND, Williston Basin Intl, Takeoff ODPs, and safety in air commerce, I find San Jose, CA, KSJC, RNAV (RNP) Z RWY Minimums and Obstacle DP, Amdt 1 that notice and public procedure under 30L, Amdt 3 Williston, ND, KXWA, VOR RWY 22, Orig 5 U.S.C. 553(b) are impracticable and San Jose, CA, KSJC, RNAV (RNP) Z RWY Concord, NH, KCON, ILS OR LOC RWY 35, contrary to the public interest and, 30R, Amdt 2 Amdt 2 where applicable, under 5 U.S.C. 553(d), Naples, FL, KAPF, RNAV (GPS) RWY 5, Concord, NH, KCON, RNAV (GPS) RWY 12, good cause exists for making some Amdt 2C Amdt 1 Naples, FL, KAPF, RNAV (GPS) RWY 23, Concord, NH, KCON, RNAV (GPS) RWY 17, SIAPs effective in less than 30 days. Amdt 1C Amdt 1 The FAA has determined that this Tampa, FL, KTPA, LOC RWY 1R, Amdt 4B Concord, NH, KCON, RNAV (GPS) RWY 35, regulation only involves an established Venice, FL, Venice Muni, Takeoff Minimums Amdt 1 body of technical regulations for which and Obstacle DP, Amdt 4 Concord, NH, KCON, VOR–A, Amdt 1 frequent and routine amendments are Atlanta, GA, Atlanta Speedway, Takeoff Lebanon, NH, Lebanon Muni, Takeoff necessary to keep them operationally Minimums and Obstacle DP, Amdt 2B Minimums and Obstacle DP, Amdt 3

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20278 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

Manchester, NH, KMHT, RNAV (GPS) Y DEPARTMENT OF HEALTH AND VIII. Analysis of Environmental Impact RWY 17, Amdt 1D HUMAN SERVICES IX. Paperwork Reduction Act of 1995 Pittstown, NJ, Alexandria, Takeoff X. Federalism Minimums and Obstacle DP, Amdt 3 Food and Drug Administration XI. Consultation and Coordination With Owyhee, NV, 10U, RNAV (GPS) RWY 5, Orig Indian Tribal Governments Owyhee, NV, Owyhee, Takeoff Minimums 21 CFR Parts 862, 866, 880, 884 and XII. Reference and Obstacle DP, Orig 892 I. Executive Summary New York, NY, KLGA, COPTER ILS OR LOC RWY 13, Amdt 1 [Docket No. FDA–2018–N–1440] A. Purpose of the Final Rule Saranac Lake, NY, KSLK, ILS OR LOC RWY 23, Amdt 11 RIN 0910–AH67 On December 13, 2016, the Cures Act Saranac Lake, NY, KSLK, RNAV (GPS) RWY was enacted (Pub. L. 114–255). The 23, Amdt 1 Medical Devices; Medical Device Cures Act amended the FD&C Act to Athens/Albany, OH, KUNI, NDB RWY 25, Classification Regulations To Conform include descriptions of software Amdt 9D to Medical Software Provisions in the functions that are excluded from the Dayton, OH, 3I7, RNAV (GPS)-A, Orig 21st Century Cures Act definition of device in the FD&C Act. Dayton, OH, 3I7, VOR OR GPS RWY 21, The Cures Act amended the FD&C Act Amdt 3B, CANCELLED AGENCY: Food and Drug Administration, HHS. to state that the term device does not Gallipolis, OH, KGAS, RNAV (GPS) RWY 23, include the software functions excluded Amdt 1 ACTION: Final rule. Springfield, OH, KSGH, NDB RWY 24, Amdt pursuant to section 520(o)(1) of the 17, CANCELLED SUMMARY: The Food and Drug FD&C Act. Wilmington, OH, KILN, ILS OR LOC RWY Administration (FDA, Agency, or we) is Among the software functions 4L, Amdt 4E amending certain classification excluded from the definition of device Wilmington, OH, KILN, ILS OR LOC RWY regulations to reflect changes to the by this provision, most relevant to this 4R, Orig-D Federal Food, Drug, and Cosmetic Act rule are the software functions intended Wilmington, OH, KILN, ILS OR LOC RWY (FD&C Act) made by the 21st Century to transfer, store, convert formats, or 22L, ILS RWY 22L (SA CAT I), ILS RWY Cures Act (the Cures Act). The Cures display clinical laboratory test or other 22L (CAT II), Orig-D Act amended the definition of a device device data, results, and findings and Wilmington, OH, KILN, ILS OR LOC RWY that do not interpret or analyze such 22R, ILS RWY 22R (SA CAT I), ILS RWY in the FD&C Act to exclude certain 22R (CAT II), ILS RWY 22R (CAT III), software functions. FDA is taking this clinical laboratory test or other device Amdt 6A action so that its regulations conform to data, results, and findings. Because the Wilmington, OH, KILN, RNAV (GPS) RWY the medical software provisions in the provision only excludes certain software 4L, Orig-D Cures Act. functions from the device definition, the Hinton, OK, 2O8, RNAV (GPS) RWY 18, DATES: This rule is effective on April 19, regulatory status of device hardware Amdt 1C 2021. remains unchanged. With this final rule, Hinton, OK, 2O8, RNAV (GPS) RWY 36, FDA is amending the ‘‘identification’’ Amdt 1C FOR FURTHER INFORMATION CONTACT: description of eight classification Hinton, OK, Hinton Muni, Takeoff Bakul Patel, Center for Devices and regulations so that the regulations no Minimums and Obstacle DP, Orig-A Radiological Health, Food and Drug longer include software functions that Abilene, TX, KABI, RNAV (GPS) RWY 22, Administration, 10903 New Hampshire the Cures Act excluded from the device Orig-B. CANCELLED Ave., Bldg. 66, Rm. 5528, Silver Spring, Abilene, TX, Abilene Rgnl, Takeoff definition in the FD&C Act. In other MD 20993, 301–796–5528, email: words, in this action, FDA is amending Minimums and Obstacle DP, Amdt 4A [email protected]. Austin, TX, KEDC, RNAV (GPS) RWY 31, eight classification regulations so that Amdt 1A SUPPLEMENTARY INFORMATION: the regulations conform to the medical Barre/Montpelier, VT, KMPV, RNAV (GPS) Table of Contents software provisions of the Cures Act and RWY 35, Amdt 2 reflect FDA’s current statutory Seattle, WA, KSEA, ILS OR LOC RWY 16L, I. Executive Summary authority. ILS RWY 16L (SA CAT I), ILS RWY 16L A. Purpose of the Final Rule (CAT II), ILS RWY 16L (CAT III), Amdt 8A B. Summary of the Major Provisions of the B. Summary of the Major Provisions of Green Bay, WI, KGRB, RNAV (GPS) RWY 6, Final Rule the Final Rule Amdt 2B C. Legal Authority Green Bay, WI, KGRB, RNAV (GPS) RWY 18, II. Table of Abbreviations and Acronyms This rule updates eight classification Amdt 1C Commonly Used in This Document regulations by amending these Green Bay, WI, KGRB, RNAV (GPS) RWY 36, III. Background regulations to exclude software Amdt 3B IV. Legal Authority functions that no longer fall within the Ravenswood, WV, I18, RNAV (GPS) RWY 4, V. Description of the Final Rule device definition under 201(h) of the Orig-B A. Scope FD&C Act. Specifically, FDA is Sheridan, WY, KSHR, RNAV (GPS) RWY 33, B. Calculator/Data Processing Module for amending the following classification Amdt 1A Clinical Use C. Continuous Glucose Monitor Secondary regulations: RESCINDED: On March 24, 2021 (86 FR • Amend the calculator/data 15583), the FAA published an Amendment Display in Docket No. 31359 Amdt No. 3947, to Part D. Automated Indirect processing module for clinical use 97 of the Federal Aviation Regulations under Immunofluorescence Microscope and ‘‘identification’’ description to remove section 97.23 and 97.25. The following Software-Assisted System non-device software functions that entries for Beverly, MA, effective April 22, E. Medical Device Data Systems maintain and retrieve laboratory data; 2021, are hereby rescinded in their entirety: F. Home Uterine Activity Monitor • amend the continuous glucose Beverly, MA, KBVY, LOC RWY 16, Amdt 8 G. Medical Image Storage Device H. Medical Image Communications Device monitor (CGM) secondary display Beverly, MA, Beverly Rgnl, VOR RWY 16, ‘‘identification’’ description to remove Amdt 5E, CANCELLED I. Picture Archiving and Communications System receive and display software functions, [FR Doc. 2021–07853 Filed 4–16–21; 8:45 am] VI. Effective Date and amend the title of the CGM BILLING CODE 4910–13–P VII. Economic Analysis of Impacts secondary display regulation to

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20279

‘‘Continuous Glucose Monitor (CGM) transmitting, receiving, and displaying the title of the classification regulation Secondary Alarm System;’’ data; to ‘‘Medical Image Management and • amend the automated indirect • amend medical image storage Processing System.’’ immunofluorescence microscope and device ‘‘identification’’ description to This final rule does not change the software-assisted system device remove non-device software functions classification of the device types for ‘‘identification’’ description by intended for storing and retrieving so which FDA is amending the title and/ replacing the first use of the word that a medical image storage device is a or identification statements. This rule ‘‘software’’ with ‘‘device’’ because both hardware device that provides will ensure that the specific hardware and software functions that electronic storage and retrieval classification regulations conform to use fluorescent signal acquisition and functions for medical images; changes the Cures Act made to the processing software, data storage, and • amend medical image FD&C Act and reflect current FDA transferring mechanisms, or assay communications device ‘‘identification’’ statutory authority. specific algorithms to interpret or description to include software C. Legal Authority analyze results, are devices; functions intended for medical image • amend the medical device data processing and manipulation; and This final rule is being issued under sections 201(h), 520(o), and 701 of the systems (MDDS) ‘‘identification’’ • amend picture archiving and FD&C Act (21 U.S.C. 321, 360j, and 371) description to remove non-device communications system and the device and general software functions intended for ‘‘identification’’ description to remove administrative provisions of the FD&C transferring, storing, converting formats, non-device software functions intended Act sections 501, 510, 513, 515, 520, or displaying clinical laboratory test or for storing and displaying medical 522, and 701 (21 U.S.C. 351, 360, 360c, other device data and results; images, revise the ‘‘identification’’ 360e, 360j, 360l, and 371). • amend the home uterine activity description to clarify that the regulation monitor (HUAM) ‘‘identification’’ includes software and hardware II. Table of Abbreviations and description to remove non-device functions intended for medical image Acronyms Commonly Used in This software functions intended for management and processing, and revise Document

Abbreviation or acronym What it means

510(k) ...... Premarket Notification. APA ...... Administrative Procedure Act. CFR ...... Code of Federal Regulations. CGM ...... Continuous Glucose Monitor. Cures Act ...... 21st Century Cures Act. E.O ...... Executive Order. FDA or the Agency ...... Food and Drug Administration. FD&C Act ...... Federal Food, Drug, and Cosmetic Act. HUAM ...... Home Uterine Activity Monitor. IMACS ...... Image Management and Communications Systems. MDDS ...... Medical Device Data System. PACS ...... Picture Archiving and Communications System. U.S.C ...... United States Code.

III. Background information, to the extent that such laboratory test or other device data, On December 13, 2016, the Cures Act records are intended to transfer, store, results, or findings (section was enacted. The Cures Act amended, convert formats, or display the 520(o)(1)(D)); or among other things, FDA’s authority to equivalent of a paper medical chart, so 5. Unless the function is intended to regulate medical software, including long as such records were created, acquire, process, or analyze a medical certain clinical decision support stored, transferred, or reviewed by image or a signal from an in vitro software. The provision of the Cures Act healthcare professionals or by diagnostic device or a pattern or signal entitled ‘‘Clarifying Medical Software individuals working under supervision from a signal acquisition system, for the Regulation,’’ amended section 520 of the of such professionals; such records are purpose of—(section 520(o)(1)(E)); FD&C Act by adding subsection (o), part of health information technology a. Displaying, analyzing, or printing which describes specific software that is certified under section 3001(c)(5) medical information about a patient or functions that are excluded from the of the Public Health Service Act (42 other medical information (such as peer- definition of device in the FD&C Act U.S.C. 300jj–11(c)(5)); and such function reviewed clinical studies and clinical (section 201(h) of FD&C Act). is not intended to interpret or analyze practice guidelines) (section Section 520(o)(1) of the FD&C Act patient records, including medical 520(o)(1)(E)(i)); excludes from the definition of device image data, for the purpose of diagnosis, b. Supporting or providing software functions that are intended for: cure, mitigation, prevention, or recommendations to a healthcare 1. Administrative support of a treatment of a disease or condition professional about prevention, healthcare facility (section 520(o)(1)(A)); (section 520(o)(1)(C)); or diagnosis, or treatment of a disease or 2. Maintaining or encouraging a 4. Transferring, storing, converting condition (section 520(o)(1)(E)(ii)); and healthy lifestyle and unrelated to the formats, or displaying clinical c. Enabling such healthcare diagnosis, cure, mitigation, prevention, laboratory test or other device data and professional to independently review or treatment of a disease or condition results, findings by a healthcare the basis for such recommendations that (section 520(o)(1)(B)); professional with respect to such data such software presents so that it is not 3. Serving as electronic patient and results, unless such function is the intent that such healthcare records, including patient-provided intended to interpret or analyze clinical professional rely primarily on any of

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20280 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

such recommendations to make a device. The Agency has conducted a regulations, so that they no longer clinical diagnosis or treatment decision detailed review of all device include software functions that are regarding an individual patient (section classification regulations to determine excluded from the device definition by 520(o)(1)(E)(iii)). whether the classification regulations section 520(o)(1) of the FD&C Act and The Cures Act also provides that a contain software functions identified thus are not subject to FDA’s device software function described in section under section 520(o)(1)(A)–(E) of the statutory authority. Among the software 520(o)(1)(C), (D), or (E) of the FD&C Act FD&C Act (see 21 CFR parts 862–892), functions excluded from the definition will not be excluded from the device and therefore should be amended to of device in the FD&C Act, most definition under section 201(h) of the reflect changes the Cures Act made to relevant to this rule are the software FD&C Act if FDA makes a finding that FDA’s device statutory authority. As a functions excluded by section the software function would be result of this review, FDA identified 520(o)(1)(D) of the FD&C Act. This reasonably likely to have serious eight classification regulations to amend provision excludes software functions adverse health consequences and (see Table 1 below). certain substantive and procedural that are solely intended to transfer, Because of changes made to the FD&C store, convert formats, or display, unless criteria are met (section 520(o)(3) of the Act by the Cures Act, the such functions are intended to interpret FD&C Act). Also, nothing in section ‘‘identification’’ description of certain or analyze clinical laboratory test or 520(o)(1) should exclude regulated classification regulations that predated other device data, results, and findings. software used in the manufacture and the Cures Act are no longer consistent transfusion of blood and blood with the FD&C Act. FDA finds good This includes functions that are components to assist in the prevention cause for issuing this amendment as a intended for data retrieval, receipt, or of disease in humans (section 520(o)(4) final rule without notice and comment transmission because these are forms of of the FD&C Act). because this rule only updates the information ‘‘transfer,’’ and functions A device, as defined in section 201(h) ‘‘identification’’ description of those that are intended for data maintenance, of the FD&C Act, may be comprised of classification regulations so they reflect which is a form of ‘‘storage’’ (section one or more functions that are subject to changes made to the FD&C Act by the 520(o)(1)(D) of the FD&C Act; see also FDA oversight. FDA defines the term Cures Act (see section 520(o)(1) of the FDA guidance ‘‘Changes to Existing ‘‘function’’ as a distinct purpose of a FD&C Act) (5 U.S.C. 553(b)(3)(B)). In Medical Software Policies Resulting product, which could be the intended addition, FDA also finds good cause for from Section 3060 of the 21st Century use or a subset of the intended use of this amendment to become effective on Cures Act’’ (Ref. 1)). However, software the product and is not synonymous with the date of publication of this action. functions that analyze or interpret the term ‘‘device.’’ For example, a The Administrative Procedure Act medical device data in addition to device with an intended use to analyze (APA) allows an effective date less than transferring, storing, converting formats, data has one function: Analysis. A 30 days after publication as ‘‘provided or displaying clinical laboratory test or device with an intended use to store, by the agency for good cause found and other device data and results remain transfer, and analyze data has three published with the rule’’ (5 U.S.C. subject to FDA’s regulatory oversight, functions: (1) Storage, (2) transfer, and 553(d)(3)). A delayed effective date is unless they fall within section (3) analysis. Devices with ‘‘multiple unnecessary in this case because these 520(o)(1)(E) of the FD&C Act, which functions’’ may contain functions that amendments reflect the state of the law are software functions excluded from excludes certain clinical decision in section 520(o)(1) of the FD&C Act as the device definition as described in support software functions from the amended by section 3060 of the Cures section 520(o) of the FD&C Act. device definition. Act. This rule does not impose any new FDA is issuing this final rule because Section 520(o)(1) of the FD&C Act regulatory requirements on affected the FD&C Act was amended by the describes software functions, not Cures Act to remove certain software parties. As a result, affected parties do not need time to prepare before the rule hardware functions, that are excluded functions from the device definition, from the definition of a device. including software functions that are takes effect. Therefore, FDA finds good cause for these amendments to become Therefore, device hardware that is solely intended to transfer, store, specifically intended to transfer, store, convert formats, or display medical effective on the date of publication of this action. convert formats, and display medical device data and results, including device data and results (such as medical images or other clinical IV. Legal Authority electrical hardware, magnetic and information, unless such functions are This final rule is being issued under optical discs, physical communications intended to interpret or analyze clinical sections 201(h), 520(o), and 701 of the medium, etc.) remains a device. laboratory test or other device data, FD&C Act and the device and general results, and findings (sections 201(h) In Table 1, we list the regulations that administrative provisions of the FD&C and 520(o)(1)(D) of the FD&C Act). FDA is amending to conform the FDA is making its regulations Act sections 501, 510, 513, 515, 520, ‘‘identification’’ description with the consistent with the FD&C Act as 522, and 701. device definition under the FD&C Act. amended by the Cures Act by amending V. Description of the Final Rule The amendments to the ‘‘identification’’ the ‘‘identification’’ descriptions in description of these regulations do not eight regulations so that the descriptions A. Scope affect the classification of the devices in do not include software functions that FDA is amending the ‘‘identification’’ this final rule (i.e., the device types no longer fall within the definition of a description in eight classification remain class I, class II, etc.).

TABLE 1—CLASSIFICATION REGULATIONS AMENDMENTS

Classification regulation Device type (21 CFR) (existing product code(s))

862.2100 ...... Calculator/Data Processing Module for Clinical Use (JQP, NVV).

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20281

TABLE 1—CLASSIFICATION REGULATIONS AMENDMENTS—Continued

Classification regulation Device type (21 CFR) (existing product code(s))

862.1350 ...... Continuous Glucose Monitor Secondary Display (PJT, PKU). 866.4750 ...... Automated Indirect Immunofluorescence Microscope and Software-Assisted System (PIV). 880.6310 ...... Medical Device Data System (OUG). 884.2730 ...... Home Uterine Activity Monitor (LQK, MOH). 892.2010 ...... Medical Image Storage Device (LMB, NFF). 892.2020 ...... Medical Image Communications Device (NFG, LMD). 892.2050 ...... Picture Archiving and Communications System (QIH, OMJ, NWE, PGY, OEB, QKB, PZO, NFJ, LLZ).

B. Calculator/Data Processing Module ‘‘continuous glucose monitor secondary specification; or (4) the electronic for Clinical Use alarm system’’ and is amending the display of medical device data A calculator/data processing module ‘‘identification’’ description to state that (§ 880.6310 (21 CFR 880.6310)). An for clinical use is an electronic device ‘‘a continuous glucose monitor (CGM) MDDS may include software, electronic intended to store, retrieve, and process secondary alarm system is identified as or electrical hardware such as a physical laboratory data (21 CFR 862.2100). a device intended to be used as a communications medium (including Because ‘‘storing and retrieving data’’ secondary alarm for a CGM to enable wireless hardware), modems, interfaces, are software functions that no longer fall immediate awareness for potential and a communications protocol. Each within the definition of a device, FDA clinical intervention to help assure MDDS function ((1)–(4)) describes a is amending the classification regulation patient safety.’’ With these amendments, software function that is excluded from to remove the language ‘‘store, retrieve, the regulation no longer includes the device definition under section and’’ so that the regulation will state: ‘‘a software functions excluded by the 520(o)(1)(D) of the FD&C Act. Thus, calculator/data processing module for Cures Act, i.e., functions to receive and FDA is amending the regulation to state clinical use is an electronic device display medical device data. that only hardware that performs these intended to process laboratory data.’’ D. Automated Indirect functions remain within the definition of devices by adding the term C. Continuous Glucose Monitor Immunofluorescence Microscope and ‘‘hardware’’ to the ‘‘identification’’ Secondary Display Software-Assisted System description so that the regulation A CGM secondary display is An automated indirect (§ 880.6310(a)(1)) states that an MDDS is identified as a device intended to be immunofluorescence microscope and a ‘‘hardware device that is intended to used for passive real-time monitoring of software-assisted system is a device that provide one or more of the following continuous glucose monitoring data acquires, analyzes, stores, and displays uses . . .’’. § 862.1350 (21 CFR 862.1350). The digital images of indirect identification further describes that the immunofluorescent slides (21 CFR In addition, FDA is amending primary display device, which is not a 866.4750). FDA is replacing the first § 880.6310(a)(2) to remove the term part of the CGM secondary display, occurrence of the word ‘‘software’’ with ‘‘software,’’ because the software directly receives the glucose data (for ‘‘device’’ in the identification section, so functions described in the identification example, it communicates directly with that the identification will state that the of § 880.6310(a)(2) no longer fall within transmitter) from the continuous device may use fluorescent signal the definition of a device. Further, FDA glucose meter, which is not a part of the acquisition and processing software, is removing the phrase ‘‘a continuous glucose monitor secondary data storage and transferring communications protocol’’ from display, and is the primary means of mechanisms, or assay specific § 880.6310(a)(2), because the term viewing the continuous glucose monitor algorithms to suggest results. Because ‘‘communications protocol’’ refers to data and alerting the patient to a low or some of the software functions included software functions associated with the high glucose value. A continuous in the regulation remain within the transfer of data, and this function does glucose monitor secondary display can device definition (e.g., assay specific not fall within the definition of a device. be used by caregivers of people with algorithms to suggest results), the FDA is also amending the identification diabetes to monitor a person’s ‘‘identification’’ description will not be of § 880.6310(a)(2) to include the term continuous glucose monitoring data. limited to hardware functions only. ‘‘hardware,’’ such that the The intended use of the device, as Instead, FDA is using the term ‘‘device,’’ ‘‘identification’’ description states that explained in FDA’s 2015 Dexcom Share which includes software functions that MDDS ‘‘does not include hardware Direct Secondary Displays (DEN140038) continue to fall within the device devices intended to be used in order, includes the functions to receive definition and hardware functions. connection with active patient and display medical device data (i.e., monitoring.’’ FDA is revising this E. Medical Device Data System real-time glucose values and glucose identification because hardware devices trend information), in addition to An MDDS is intended to provide one for active patient monitoring are functions to receive and deliver or more of the following uses, without classified under other regulations for notifications and alarms. Because of controlling or altering the functions or software- and hardware-based devices, changes made to the FD&C Act by the parameters of any connected medical and are not included in this regulation. Cures Act, receiving and displaying devices: (1) The electronic transfer of The identification of § 880.6310(a)(2) device data software functions are no medical device data; (2) the electronic will be amended to include the longer device functions. To make this storage of medical device data; (3) the following: ‘‘Hardware devices for active regulation consistent with the FD&C electronic conversion of medical device patient monitoring are classified under Act, therefore, FDA is amending the title data from one format to another format other regulations and are not included of the classification in § 862.1350 to in accordance with a preset in this regulation.’’

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20282 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

F. Home Uterine Activity Monitor clarifying language to the Because this final rule merely amends A HUAM is an electronic system for ‘‘identification’’ description: ‘‘It may certain classification regulations to at home antepartum measurement of provide simple image review software remove provisions that are now obsolete uterine contractions, data transmission functionality for medical image in order to conform to the medical by telephone to a clinical setting, and processing and manipulation, such as software provisions in the Cures Act, it grayscale window and level, zoom and for receipt and display of the uterine does not impose any additional pan, user delineated geometric contraction data at the clinic (21 CFR regulatory burdens. Therefore, we measurements, compression, or user 884.2730). The HUAM system believe that this final rule is not added image annotations. The device comprises a tocotransducer, an at-home economically significant and not a does not perform advanced image recorder, a modem, and a computer and significant regulatory action as defined processing or complex quantitative monitor that receive, process, and by E.O. 12866. functions. This does not include The Regulatory Flexibility Act display data. This device is intended for electronic transfer of medical image requires us to analyze regulatory options use in women with a previous preterm software functions.’’ that would minimize any significant delivery to aid in the detection of impact of a rule on small entities. preterm labor. The identification in the I. Picture Archiving and Because this regulation does not change classification regulation for this device Communications System requirements, and amends certain includes software functions intended to The Picture Archiving and classification regulations to conform to transmit, receive, and display data, Communications Systems (PACS) the medical software provisions in the which no longer fall within the statutory device includes both software and Cures Act, we certify that the final rule definition of a device. Therefore, FDA is hardware image storage and display will not have a significant economic removing these software functions from functions and software image processing impact on a substantial number of small the ‘‘identification’’ description in this functions (21 CFR 892.2050). FDA has entities. classification regulation. determined that software functions in The Unfunded Mandates Reform Act G. Medical Image Storage Device the PACS classification regulation for of 1995 (section 202(a)) requires us to storage and display of medical images prepare a written statement, which A medical image storage device is a no longer fall within the definition of a includes an assessment of anticipated device that provides electronic storage device under section 520(o)(1)(D) of the costs and benefits, before issuing ‘‘any and retrieval functions for medical FD&C Act. However, FDA recognizes rule that includes any Federal mandate images and may employ software, that some software functions in the that may result in the expenditure by electronic, or electrical hardware such PACS regulation, which are for complex State, local, and tribal governments, in as magnetic and optical discs, magnetic image processing, including those for the aggregate, or by the private sector, of tape, and digital memory (§ 892.2010 image manipulation, enhancement, or $100,000,000 or more (adjusted (21 CFR 892.2010)). Medical image quantification, remain device functions. annually for inflation) in any one year.’’ storage includes software functions, Therefore, FDA is amending this The current threshold after adjustment specifically storage and retrieval regulation to change the title of the for inflation is $158 million, using the functions, which are excluded from the classification regulation from ‘‘Picture most current (2020) Implicit Price device definition by section 520(o)(1)(D) Archiving and Communications Deflator for the Gross Domestic Product. of the FD&C Act. Thus, FDA is Systems’’ to ‘‘Medical Image This final rule would not result in an amending the regulation to state that Management and Processing System’’ expenditure in any year that meets or only hardware that performs these and is amending the ‘‘identification’’ exceeds this amount. functions remains within the device description to exclude software Because this direct final rule does not definition so that the regulation functions for the ‘‘storage and display’’ impose any additional regulatory (§ 892.2010(a)(1)) states that a medical of medical images. In addition, the burdens, this regulation is not image storage device is a ‘‘hardware amendment to the PACS classification anticipated to result in any compliance device that is intended to provide for regulation clarifies specific functions costs. the electronic storage and retrieval and the device’s intended use with functions for medical images.’’ examples in the ‘‘identification’’ VIII. Analysis of Environmental Impact H. Medical Image Communications description. We have determined under 21 CFR 25.30(i) and 25.34(b) that this action is Device VI. Effective Date of a type that does not individually or A medical image communications This final rule is effective on the date cumulatively have a significant effect on device provides electronic transfer of of publication in the Federal Register. the human environment. Therefore, medical image data between medical VII. Economic Analysis of Impacts neither an environmental assessment devices (21 CFR 892.2020). The device nor an environmental impact statement may include a physical communications We have examined the impacts of the is required. medium, modems, or interfaces. In final rule under E.O. 12866, E.O. 13563, reviewing this classification regulation, the Regulatory Flexibility Act (5 U.S.C. IX. Paperwork Reduction Act of 1995 FDA has determined that products with 601–612), and the Unfunded Mandates This final rule contains no collection specific software functions for medical Reform Act of 1995 (Pub. L. 104–4). of information. Therefore, clearance by image processing and manipulation E.O.s 12866 and 13563 direct us to the Office of Management and Budget should be mentioned in the assess all costs and benefits of available under the Paperwork Reduction Act of ‘‘identification’’ description of the regulatory alternatives and, when 1995 is not required. classification regulation because such regulation is necessary, to select functions have always been included in regulatory approaches that maximize X. Federalism the regulation and are not excluded net benefits (including potential We have analyzed this rule in under section 520(o)(1)(D) of the FD&C economic, environmental, public health accordance with the principles set forth Act. Therefore, FDA is amending this and safety, and other advantages; in E.O. 13132. We have determined that regulation to include the following distributive impacts; and equity). this rule does not contain policies that

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20283

have substantial direct effects on the 862, 866, 880, 884, and 892 are operator must confirm results generated States, on the relationship between the amended as follows: with the device. National Government and the States, or * * * * * on the distribution of power and PART 862—CLINICAL CHEMISTRY responsibilities among the various AND CLINICAL TOXICOLOGY PART 880—GENERAL HOSPITAL AND levels of government. Accordingly, we DEVICES PERSONAL USE DEVICES conclude that the rule does not contain ■ policies that have federalism 1. The authority citation for part 862 ■ 6. The authority citation for part 880 implications as defined in the E.O. and, continues to read as follows: continues to read as follows: consequently, a federalism summary Authority: 21 U.S.C. 351, 360, 360c, 360e, Authority: 21 U.S.C. 351, 360, 360c, 360e, impact statement is not required. 360j, 360l, 371. 360j, 360l, 371. XI. Consultation and Coordination With ■ 2. Amend § 862.1350 by revising the ■ 7. Amend § 880.6310 by revising Indian Tribal Governments section heading and paragraph (a) to paragraph (a) to read as follows: read as follows: We have analyzed this rule in § 880.6310 Medical device data system. accordance with the principles set forth § 862.1350 Continuous glucose monitor in E.O. 13175. We have determined that secondary alarm system. (a) Identification. (1) A medical the rule does not contain policies that device data system (MDDS) is a (a) Identification. A continuous hardware device that is intended to have substantial direct effects on one or glucose monitor (CGM) secondary alarm more Indian Tribes, on the relationship provide one or more of the following system is identified as a device intended uses, without controlling or altering the between the Federal Government and to be used as a secondary alarm for a Indian Tribes, or on the distribution of functions or parameters of any CGM to enable immediate awareness for connected medical devices: power and responsibilities between the potential clinical intervention to help (i) The electronic transfer of medical Federal Government and Indian Tribes. assure patient safety. device data; Accordingly, we conclude that the rule * * * * * does not contain policies that have (ii) The electronic storage of medical ■ tribal implications as defined in the E.O. 3. Amend § 862.2100 by revising device data; and, consequently, a tribal summary paragraph (a) to read as follows: (iii) The electronic conversion of medical device data from one format to impact statement is not required. § 862.2100 Calculator/data processing module for clinical use. another format in accordance with a XII. Reference preset specification; or (a) Identification. A calculator/data The following reference is on display (iv) The electronic display of medical processing module for clinical use is an in the Dockets Management Staff (see device data. electronic device intended to process ADDRESSES) and is available for viewing (2) An MDDS may include electronic laboratory data. by interested persons between 9 a.m. or electrical hardware such as a physical and 4 p.m., Monday through Friday; it * * * * * communications medium (including is also available electronically at https:// PART 866—IMMUNOLOGY AND wireless hardware), modems, and www.regulations.gov. FDA has verified MICROBIOLOGY DEVICES interfaces. This identification does not the website address, as of the date this include hardware devices intended to document publishes in the Federal ■ 4. The authority citation for part 866 be used in connection with active Register, but websites are subject to continues to read as follows: patient monitoring. Hardware devices change over time. for active patient monitoring are Authority: 21 U.S.C. 351, 360, 360c, 360e, classified under other regulations and 1. FDA Guidance, Changes to Existing 360j, 360l, 371. Medical Software Policies Resulting from are not included in this regulation. Section 3060 of the 21st Century Cures Act, ■ 5. Amend § 866.4750 by revising * * * * * available at https://www.fda.gov/regulatory- paragraph (a) to read as follows: information/search-fda-guidance-documents/ PART 884—OBSTETRICAL AND changes-existing-medical-software-policies- § 866.4750 Automated indirect GYNECOLOGICAL DEVICES resulting-section-3060-21st-century-cures-act. immunofluorescence microscope and software-assisted system. ■ List of Subjects 8. The authority citation for part 884 (a) Identification. An automated continues to read as follows: 21 CFR Part 862 indirect immunofluorescence microscope and software assisted Authority: 21 U.S.C. 351, 360, 360c, 360e, Medical devices. 360j, 360l, 371. system is a device that acquires, 21 CFR Part 866 analyzes, stores, and displays digital ■ 9. Amend § 884.2730 by revising Biologics, Laboratories, Medical images of indirect immunofluorescent paragraph (a) to read as follows: slides. It is intended to be used as an aid devices. § 884.2730 Home uterine activity monitor. in the determination of antibody status 21 CFR Part 880 in clinical samples. The device may (a) Identification. A home uterine Medical devices. include a fluorescence microscope with activity monitor (HUAM) is an light source, a motorized microscope electronic system for at home 21 CFR Part 884 stage, dedicated instrument controls, a antepartum measurement of uterine Medical devices. camera, a computer, a sample processor, contractions. The HUAM system or other hardware components. The comprises a tocotransducer and an at- 21 CFR Part 892 device may use fluorescent signal home recorder. This device is intended Medical devices, Radiation acquisition and processing software, for use in women with a previous protection, and X-rays. data storage and transferring preterm delivery to aid in the detection Therefore, under the Federal Food, mechanisms, or assay specific of preterm labor. Drug, and Cosmetic Act, 21 CFR parts algorithms to suggest results. A trained * * * * *

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20284 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

PART 892—RADIOLOGY DEVICES include semi-automated measurements based upon its potential for abuse, its or time-series measurements. currently accepted medical use in ■ 10. The authority citation for part 892 * * * * * treatment in the United States, and the continues to read as follows: degree of dependence the drug or other Dated: April 8, 2021. substance may cause. 21 U.S.C. 812. The Authority: 21 U.S.C. 351, 360, 360c, 360e, Janet Woodcock, 360j, 360l, 371. initial schedules of controlled Acting Commissioner of Food and Drugs. substances established by Congress are ■ 11. Amend § 892.2010 by revising Dated: April 13, 2021. found at 21 U.S.C. 812(c) and the paragraph (a) to read as follows: Xavier Becerra, current list of scheduled substances is § 892.2010 Medical image storage device. Secretary, Department of Health and Human published at 21 CFR part 1308. Services. (a) Identification: A medical image Pursuant to 21 U.S.C. 811(a)(2), the [FR Doc. 2021–07860 Filed 4–16–21; 8:45 am] storage device is a hardware device that Attorney General may, by rule, ‘‘remove provides electronic storage and retrieval BILLING CODE 4164–01–P any drug or other substance from the functions for medical images. Examples schedules if he finds that the drug or include electronic hardware devices other substance does not meet the employing magnetic and optical discs, DEPARTMENT OF JUSTICE requirements for inclusion in any magnetic tapes, and digital memory. schedule.’’ The Attorney General has Drug Enforcement Administration delegated scheduling authority under 21 * * * * * U.S.C. 811 to the Acting Administrator ■ 12. Amend § 892.2020 by revising 21 CFR Part 1308 of the Drug Enforcement Administration paragraph (a) to read as follows: [Docket No. DEA–665] (DEA). 28 CFR 0.100. § 892.2020 Medical image communications The CSA provides that proceedings device. Schedules of Controlled Substances: for the issuance, amendment, or repeal Removal of Samidorphan From Control of the scheduling of any drug or other (a) Identification. A medical image substance may be initiated by the communications device provides AGENCY: Drug Enforcement Attorney General on the petition of any electronic transfer of medical image data Administration, Department of Justice. interested party. 21 U.S.C. 811(a)(3). between medical devices. It may ACTION: Final rule. This action was initiated by one petition include a physical communications to remove samidorphan from the list of SUMMARY: With the issuance of this final medium, modems, and interfaces. It scheduled controlled substances of the rule, the Acting Administrator of the may provide simple image review CSA, and is supported by, inter alia, a Drug Enforcement Administration software functionality for medical image recommendation from the Assistant removes samidorphan (3-carboxamido- processing and manipulation, such as Secretary of the HHS and an evaluation 4-hydroxy naltrexone) and its salts from grayscale window and level, zoom and of all relevant data by DEA. This action the schedules of the Controlled pan, user delineated geometric removes the regulatory controls and Substances Act. This scheduling action measurements, compression, or user administrative, civil, and criminal is pursuant to the Controlled Substances added image annotations. The device sanctions applicable to controlled Act which requires that such actions be does not perform advanced image substances, including those specific to made on the record after opportunity for processing or complex quantitative schedule II controlled substances, on a hearing through formal rulemaking. functions. This does not include persons who handle or propose to Prior to the effective date of this rule, electronic transfer of medical image handle samidorphan. software functions. samidorphan was a schedule II * * * * * controlled substance because it can be Background derived from opium alkaloids. This Samidorphan (3-carboxamido-4- ■ 13. Amend § 892.2050 by revising the action removes the regulatory controls hydroxy naltrexone), is a chemical section heading and paragraph (a) to and administrative, civil, and criminal entity that is structurally similar to read as follows: sanctions applicable to controlled naltrexone, a mu (m)-opioid receptor substances, including those specific to § 892.2050 Medical image management antagonist. Samidorphan (other schedule II controlled substances, on and processing system. developmental code names: RDC–0313 persons who handle (manufacture, (a) Identification. A medical image or ALKS 33) is a mu-opioid receptor distribute, reverse distribute, dispense, management and processing system is a antagonist with a weak partial agonist conduct research, import, export, or device that provides one or more activity at the kappa- and delta-opioid conduct chemical analysis) or propose capabilities relating to the review and receptors. According to HHS, products to handle samidorphan. digital processing of medical images for containing samidorphan are currently the purposes of interpretation by a DATES: Effective April 19, 2021. being developed for medical use. trained practitioner of disease detection, FOR FURTHER INFORMATION CONTACT: Samidorphan is currently controlled in diagnosis, or patient management. The Terrence L. Boos, Drug & Chemical schedule II of the CSA, as defined in 21 software components may provide Evaluation Section, Diversion Control CFR 1308.12(b)(l), because it can be advanced or complex image processing Division, Drug Enforcement derived from opium alkaloids. On April functions for image manipulation, Administration; Mailing Address: 8701 14, 2014, DEA received a petition to enhancement, or quantification that are Morrissette Drive, Springfield, Virginia initiate proceedings to amend 21 CFR intended for use in the interpretation 22152; Telephone: (571) 362–3261. 1308.12(b)(1) so as to decontrol and analysis of medical images. SUPPLEMENTARY INFORMATION: samidorphan from schedule II of the Advanced image manipulation CSA. The petition complied with the functions may include image Legal Authority requirements of 21 CFR 1308.43(b) and segmentation, multimodality image Under the Controlled Substances Act was accepted for filing. The petitioner registration, or 3D visualization. (CSA), each controlled substance is contended that samidorphan has been Complex quantitative functions may classified into one of five schedules characterized as an opioid receptor

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20285

antagonist, a class of drugs with no comments on the proposal on or before Regulatory Analyses abuse potential. January 11, 2021. Executive Orders 12866 and 13563 DEA and HHS Eight Factor Analyses Comments Received In accordance with 21 U.S.C. 811(a), Pursuant to 21 U.S.C. 811(b), DEA DEA received two comments on the this scheduling action is subject to gathered the necessary data on proposed rule to remove samidorphan formal rulemaking procedures done ‘‘on samidorphan and forwarded the data, from control. Both commenters the record after opportunity for a the sponsor’s petition, and a request for supported decontrol of samidorphan. hearing,’’ which are conducted pursuant scheduling recommendation on to the provisions of 5 U.S.C. 556 and samidorphan to HHS on April 24, 2015. Support 557. The CSA sets forth the criteria for On January 9, 2020, DEA received One commenter, a psychiatrist, scheduling a drug or other substance. from HHS a scientific and medical clinical investigator and pain Such actions are exempt from review by evaluation (dated December 19, 2019) management expert, who participated as the Office of Management and Budget conducted by the Food and Drug a principal investigator in clinical trials (OMB) pursuant to section 3(d)(1) of 1 Administration (FDA) entitled ‘‘Basis that examined the safety and efficacy of Executive Order (E.O.) 12866 and the for the Recommendation to Remove samidorphan and olanzapine principles reaffirmed in E.O. 13563. Samidorphan (3-Carboxamido-4- combination product, stated that Executive Order 12988 Hydroxy Naltrexone) and its Salts from samidorphan counters weight gain All Schedules of Control Under the associated with clinical use of This regulation meets the applicable Controlled Substances Act’’ and a olanzapine as antipsychotic medication standards set forth in sections 3(a) and scheduling recommendation. Following and this combination product offers 3(b)(2) of E.O. 12988 Civil Justice consideration of the eight factors and significant advancement relative to Reform to eliminate drafting errors and findings related to the substance’s abuse olanzapine alone, and thus supported ambiguity, minimize litigation, provide potential, legitimate medical use, and this scheduling action. a clear legal standard for affected dependence liability, HHS Another commenter, on behalf of the conduct, and promote simplification recommended that samidorphan and its and burden reduction. salts be removed from all schedules of sponsor of a samidorphan and control of the CSA. In response, DEA olanzapine combination drug product Executive Order 13132 conducted its own eight factor analysis currently under review by FDA for This rulemaking does not have of samidorphan pursuant to 21 U.S.C. marketing approval, stated that federalism implications warranting the 811(c). Both DEA and HHS analyses are samidorphan when combined with application of E.O. 13132. The rule does available in their entirety in the public olanzapine has the potential to improve not have substantial direct effects on the docket of this rule (Docket Number the safety profile of olanzapine by States, on the relationship between the DEA–665) at http://www.regulations.gov mitigating the weight gain associated Federal government and the States, or under ‘‘Supporting and Related with olanzapine treatment without the distribution of power and Material.’’ altering its antipsychotic efficacy. This responsibilities among the various commenter agreed with DEA’s levels of government. Determination To Decontrol conclusion that samidorphan lacks Samidorphan abuse or dependence potential and Executive Order 13175 After a review of the available data, stated that samidorphan and its salts This rule does not have tribal including the scientific and medical should be removed from the CSA implications warranting the application evaluation and the recommendation to schedules. This commenter further of E.O. 13175. This rule does not have decontrol samidorphan from HHS, the mentioned that the samidorphan and substantial direct effects on one or more Acting Administrator of DEA published olanzapine combination product, which Indian tribes, on the relationship in the Federal Register a notice of is currently under review by FDA for between the Federal government and proposed rulemaking (NPRM) entitled marketing approval, is an important Indian tribes, or on the distribution of ‘‘Schedules of Controlled Substances: new therapeutic option for patients and power and responsibilities between the Removal of Samidorphan from Control’’ any delay in its availability for Federal government and Indian tribes. which proposed removal of therapeutic use would negatively affect samidorphan and its salts from the stakeholders, and therefore this final Regulatory Flexibility Act schedules of the CSA. 85 FR 79450, rule should be made effective The Acting Administrator, in December 10, 2020. The proposed rule immediately. accordance with the Regulatory provided an opportunity for interested DEA Response: DEA appreciates the Flexibility Act (5 U.S.C. 601–612) persons to file a request for a hearing in comments in support of this (RFA), has reviewed this rule and by accordance with DEA regulations by rulemaking. approving it certifies that it will not have a significant economic impact on January 11, 2021. No requests for such Scheduling Conclusion a hearing were received by DEA. The a substantial number of small entities. NPRM also provided an opportunity for Based on the consideration of all The purpose of this rule is to remove interested persons to submit written comments, the scientific and medical samidorphan from the list of schedules evaluation and accompanying of the CSA. This action removes 1 As discussed in a memorandum of recommendation of HHS, and based on regulatory controls and administrative, understanding entered into by the Food and Drug DEA’s consideration of its own eight- civil, and criminal sanctions applicable Administration (FDA) and the National Institute on Drug Abuse (NIDA), the FDA acts as the lead agency factor analysis, the Acting to controlled substances for handlers within the HHS in carrying out the Secretary’s Administrator finds that these facts and and proposed handlers of samidorphan. scheduling responsibilities under the CSA, with the all relevant data demonstrate that Accordingly, it has the potential for concurrence of NIDA. 50 FR 9518, Mar. 8, 1985. samidorphan does not meet the some economic impact in the form of The Secretary of the HHS has delegated to the Assistant Secretary for Health of the HHS the requirements for inclusion in any cost savings. authority to make domestic drug scheduling schedule, and will be removed from This rule will affect all persons who recommendations. 58 FR 35460, July 1, 1993. control under the CSA. would handle, or propose to handle,

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20286 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

samidorphan. Samidorphan is not Government Agency Plan nor any other naloxone, 6b-naltrexol, naltrexone, and currently available or marketed in any action is required under provisions of samidorphan, and their respective salts, country. Due to the wide variety of UMRA. but including the following: unidentifiable and unquantifiable Paperwork Reduction Act * * * * * variables that potentially could influence the distribution and This action does not impose a new D. Christopher Evans, dispensing rates, if any, of samidorphan, collection of information requirement Acting Administrator. DEA is unable to determine the number under the Paperwork Reduction Act, 44 [FR Doc. 2021–07884 Filed 4–16–21; 8:45 am] of entities and small entities which U.S.C. 3501–3521. This action would BILLING CODE 4410–09–P might handle samidorphan. In some not impose recordkeeping or reporting instances where a controlled requirements on State or local pharmaceutical drug is removed from governments, individuals, businesses, or the schedules of the CSA, DEA is able organizations. An agency may not DEPARTMENT OF STATE to quantify the estimated number of conduct or sponsor, and a person is not affected entities and small entities required to respond to, a collection of 22 CFR Part 62 because the handling of the drug is information unless it displays a expected to be limited to DEA currently valid OMB control number. [Public Notice: 10818] registrants even after removal from the Congressional Review Act schedules. In such instances, DEA’s RIN 1400–AF03 knowledge of its registrant population This rule is not a major rule as forms the basis for estimating the defined by section 804 of the Small Change to Certification Authority for number of affected entities and small Business Regulatory Enforcement the Alien Physician Category of the entities. However, DEA does not have a Fairness Act of 1996 (Congressional Exchange Visitor Program basis to estimate whether samidorphan Review Act (CRA)). This rule will not AGENCY: Department of State. is expected to be handled by persons result in: an annual effect on the who hold DEA registrations, by persons economy of $100 million or more; a ACTION: Final rule. who are not currently registered with major increase in costs or prices for SUMMARY: The Department of State DEA to handle controlled substances, or consumers, individual industries, (Department) is changing the both. Therefore, DEA is unable to Federal, State, or local government certification authority for alien estimate the number of entities and agencies, or geographic regions; or physicians from the American Board of small entities who plan to handle significant adverse effects on Medical Specialties (ABMS) to the samidorphan. competition, employment, investment, Although DEA does not have a productivity, innovation, or on the Accreditation Council for Graduate reliable basis to estimate the number of ability of United States-based Medical Education (ACGME). affected entities and quantify the companies to compete with foreign- DATES: This rule is effective May 19, economic impact of this final rule, a based companies in domestic and 2021. qualitative analysis indicates that this export markets. However, pursuant to FOR FURTHER INFORMATION CONTACT: G. rule is likely to result in some cost the CRA, DEA is submitting a copy of Kevin Saba, Director, Office of Policy savings. Any person planning to handle this final rule to both Houses of and Program Support, Office of Private samidorphan will realize cost savings in Congress and to the Comptroller Sector Exchange, Bureau of Educational the form of saved DEA registration fees, General. and Cultural Affairs, U.S. Department of and the elimination of physical security, List of Subjects in 21 CFR Part 1308 State, SA–4E, 2201 C Street NW, recordkeeping, and reporting Washington, DC 20522; email at requirements. Because of these factors, Administrative practice and [email protected]; or, (202) 634– DEA projects that this rule will not procedure, Drug traffic control, 4710. result in a significant economic impact Reporting and recordkeeping on a substantial number of small requirements. SUPPLEMENTARY INFORMATION: In 22 CFR entities. For the reasons set out above, 21 CFR 62.27(e)(1) and (e)(4)(i), there is a part 1308 is amended to read as follows: reference to the ‘‘American Board of Administrative Procedure Act Medical Specialties’’ (ABMS). These DEA finds that good cause exists for PART 1308—SCHEDULES OF provisions, last amended in 1993, state adopting this rule as a final rule with an CONTROLLED SUBSTANCES that ABMS will perform certain immediate effective date under 5 U.S.C. certification functions for the Secretary ■ 553(d) because this final rule relieves a 1. The authority citation for 21 CFR of State. restriction. part 1308 continues to read as follows: ABMS no longer produces the Authority: 21 U.S.C. 811, 812, 871(b), publication, Marquis Who’s Who, Unfunded Mandates Reform Act of 1995 956(b) unless otherwise noted. referenced in 22 CFR part 62. On the basis of information contained ■ 2. In § 1308.12, revise paragraph (b)(1) Furthermore, ABMS has confirmed that in the RFA section above, DEA has introductory text to read as follows: it is also no longer the appropriate determined and certifies pursuant to the organization to comment on programs of Unfunded Mandates Reform Act of 1995 § 1308.12 Schedule II. graduate medical education. The (UMRA), 2 U.S.C. 1501 et seq., that this * * * * * Department has confirmed that the action would not result in any federal (b) * * * Accreditation Council for Graduate mandate that may result ‘‘in the (1) Opium and opiate, and any salt, Medical Education (ACGME) has expenditure by State, local, and tribal compound, derivative, or preparation of responsibility to accredit and recognize governments, in the aggregate, or by the opium or opiate excluding institutions offering programs of private sector, of $100 million or more apomorphine, thebaine-derived graduate medical education, and is (adjusted for inflation) in any one butorphanol, dextrorphan, nalbuphine, replacing the reference to the ABMS year. . . .’’ Therefore, neither a Small naldemedine, nalmefene, naloxegol, with the ACGME in § 62.27.

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20287

Regulatory Analyses ■ 2. Section 62.27(e)(1) and (e)(4)(i) are applicable mailing restrictions and The Department of State is publishing revised to read as follows: requirements currently in effect for controlled substances, drug this rulemaking as a final rule, pursuant § 62.27 Alien physicians. to 5 U.S.C. 553(b). This rulemaking is a paraphernalia, and hazardous materials. * * * * * rule of agency organization, procedure, DATES: April 19, 2021. (e) * * * or practice. The effective date of the rule FOR FURTHER INFORMATION CONTACT: Dale (1) The duration of an alien is 30 days after publication, as provided E. Kennedy, 202–268–6592. physician’s participation in a program in the Administrative Procedure Act. SUPPLEMENTARY INFORMATION: of graduate medical education or On The Department further finds that this training as described in paragraph (b) of February 19, 2021 (86 FR 10218), the is not a major rule; is not subject to the this section is limited to the time Postal Service published a notice of Unfunded Mandates Reform Act of typically required to complete such proposed rulemaking to amend 1995; will not have tribal implications program. Duration shall be determined Publication 52, Hazardous, Restricted, as defined by Executive Order 13175; by the Secretary of State at the time of and Perishable Mail, which is and will not have an impact on a the alien physician’s entry into the incorporated by reference into 39 CFR substantial number of small entities United States. Such determination shall part 113. The text of the proposed edits under the Regulatory Flexibility Act. be based on criteria established in to Publication 52 is available at https:// This rule is not an economically coordination with the Secretary of pe.usps.com/FederalRegisterNotice/ significant rule under Executive Order Health and Human Services and which 2021/E-Cigarettes%20Proposed% 12866, and the Department certifies that take into consideration the requirements 20Rule.pdf. The proposed edits would the benefits of this rulemaking outweigh of the various medical specialty boards implement the Preventing Online Sales any costs, which are minimal for the as set forth by the Accreditation Council of E-Cigarettes to Children Act (‘‘Act’’), public. The Office of Information and for Graduate Medical Education Public Law 116–160, div. FF, title VI Regulatory Affairs designated this rule (ACGME). (2020), which adds ‘‘electronic nicotine as ‘‘non-significant,’’ as defined by delivery systems’’ (‘‘ENDS’’) to the Executive Order 12866. * * * * * definition of ‘‘cigarettes’’ subject to The Department of State has reviewed (4) * * * regulation under the Jenkins Act, 15 this rule in light of Executive Order (i) Alien physicians shall be permitted U.S.C. 375 et seq. Consequently, ENDS 12988 to eliminate ambiguity, minimize to undertake graduate medical will also become subject to the litigation, establish clear legal education or training in a specialty or mailability restrictions and exceptions standards, and reduce burden. This rule subspecialty program whose board and/ in 18 U.S.C. 1716E (‘‘PACT Act’’), will not have substantial direct effect on or accreditation requirements are not which rely on the Jenkins Act definition the states, on the relationships between published if the program requirements of ‘‘cigarettes.’’ 18 U.S.C. 1716E(a)(1). the National Government and the states, are certified to the Secretary of State by Certain such exceptions currently or on the distribution of power and the ACGME in accordance with criteria require application to and approval by responsibilities among the various established by the Educational the Postal Service’s Pricing and levels of government. Therefore, in Commission for Foreign Medical Classification Service Center. See accordance with Executive Order 13132, Graduates (ECFMG) and ACGME. Publication 52 sections 472.221 it is determined that this rule does not * * * * * (business/regulatory purposes), 472.241 have sufficient federalism implications Zachary A. Parker, (consumer testing/public health). The to require consultations or warrant the Postal Service proposed to apply the preparation of a federalism summary Director, Office of Directives Management, Department of State. business/regulatory purposes exception impact statement. to ENDS, but not the consumer testing This rulemaking does not create or [FR Doc. 2021–07537 Filed 4–16–21; 8:45 am] and public health exceptions, and modify any collections of information BILLING CODE 4710–05–P invited comments on that proposed subject to the Paperwork Reduction Act. approach. Those comments will be List of Subjects in 22 CFR Part 62 considered in developing the final rule. POSTAL SERVICE The final rule will contain the Postal Cultural exchange programs, Service’s determination as to whether Reporting and recordkeeping 39 CFR Part 113 any of those exceptions will be made requirements. Treatment of E-Cigarettes in the Mail available for nonmailable ENDS. For the reasons set forth above, the Until the final rule is issued, ENDS Department of State amends part 62 of AGENCY: Postal ServiceTM. are not subject to the PACT Act, title 22 of the Code of Federal ACTION: Guidance. although they may be nonmailable for Regulations as follows: other reasons. See, e.g., 18 U.S.C. SUMMARY: A forthcoming final rule will 1716(a), (h) (poisonous, explosive, and PART 62—EXCHANGE VISITOR determine whether electronic nicotine other dangerous materials, and PROGRAM delivery systems (‘‘ENDS’’) may advertising, promotional, or sales matter continue to be mailed pursuant to relating to the same); 21 U.S.C. 843(b)– ■ 1. The authority citation for part 62 is certain statutory exceptions that are (c), 863 (controlled substances, drug revised to read as follows: currently administered through an paraphernalia, and advertisements Authority: 8 U.S.C. 1101(a)(15)(J), 1182, application process. To the extent that relating to the same); 39 U.S.C. 3018 1184, 1258; 22 U.S.C. 1431 et seq.; 22 U.S.C. such exceptions may ultimately be (hazardous materials); Publication 52 2451 et seq.; 22 U.S.C. 2651a; 22 U.S.C. made available for ENDS, this document sections 31–349, 453 & appx. A, C. 6531–6553; Reorganization Plan No. 2 of 1977, 42 FR 62461, 3 CFR, 1977 Comp. p. provides mailers with guidance to assist Regardless of the legal status of any 200; E.O. 12048, 43 FR 13361, 3 CFR, 1978 in preparing exception applications for products under state or local laws, Comp., p. 168; 8 U.S.C. 1372; section 416 of submission following the final rule. In violations of these Federal mailability Pub. L. 107–56, 115 Stat. 354 (8 U.S.C. 1372 addition, ENDS mailers are advised to laws can result in civil and/or criminal note); and 8 U.S.C. 1761–1762. review and comply with all other penalties.

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20288 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

The Postal Service has received administrative position to begin investigation, or research and those numerous inquiries and comments accepting ENDS-related exception listing such organizations as addressees, about the possibility of submitting applications at this time, and it may not relevant documentation may include exception applications for ENDS be in such a position until issuance of such materials that would demonstrate products in advance of the final rule. the final rule. If, contrary to expectation, the organizations’ authorization to Several commenters express the ENDS circumstances permit earlier acceptance engage in the relevant activities (e.g., industry’s concerns about the continuity of ENDS-related exception applications grant or contract approval documents of supply chains and regulatory on a provisional basis, the Postal showing the scope and duration of a compliance activities that rely on the Service will issue further notice to that relevant research project). mails, to the extent that such reliance effect. Indexing. Prospective applicants for may permissibly continue under the If the final rule does make the the business/regulatory purposes PACT Act. The Postal Service business/regulatory purposes and/or exception should prepare a spreadsheet understands that those concerns are consumer testing/public health that contains the following data heightened by Congress’s decision to exceptions available for ENDS and elements with respect to each sender make ENDS nonmailable immediately applications are accepted through a and recipient address that they intend upon publication of the final rule, rather reorganized process, applicants should to identify in their exception than applying the 30-day notice period expect review of their applications to application: that typically follows a final rule under require potentially substantial a. Business or governmental entity the Administrative Procedure Act. processing time, in light of the statutory name. Therefore, this document is intended to requirements for Postal Service b. Address. clarify the state of the exception verification of mailers’ and recipients’ c. The Postal Service retail or business application process in advance of the eligibility. 18 U.S.C. mail acceptance office(s) where each final rule and to provide guidance to 1716E(b)(3)(B)(ii)(I)–(II), (b)(5)(C)(ii)(I). intended sender would tender mailers interested in availing The duration of any review would be shipments. themselves of any exceptions that may determined by the number and d. The Postal Service retail office(s) ultimately be made available. complexity of the applications that the where each intended recipient would Postal Service receives and the amount retrieve shipments. Exception Application Process; of engagement with applicants during e. A description of the business or Preparatory Guidance processing. governmental entity (e.g., battery The Postal Service cannot accept early The following guidance is aimed at manufacturer, retail store, wholesale applications for PACT Act exceptions facilitating Postal Service review and distributor, testing laboratory). relating to ENDS products at this time. potentially reducing processing times f. For each permit or license, the The Postal Service has not yet for any potential exception applications issuing jurisdiction; the permit or determined whether and to what extent relating to ENDS, should they be license number; the expiration date (if those exceptions will be extended to permitted under the final rule. any); and the activity covered by each ENDS. Early acceptance of applications Documentation. With respect to the current permit or license (e.g., general would pose significant administrative relevant exceptions, the PACT Act business operations; sale or manufacture challenges for the very Postal Service requires the Postal Service to verify of tobacco products or ENDS). personnel who are developing the final mailers’ and recipients’ eligibility, g. For each sender or addressee rule amid substantial public comment which includes whether they are engaged in testing, investigation, or under a tight timeframe. ‘‘legally operating’’, ‘‘have all applicable research, the entities authorizing the If any of the relevant exceptions are State and Federal Government licenses conduct of such activities; the ultimately made available for ENDS, or permits and are engaged in tobacco expiration date (if any) of such then, given the highly decentralized product manufacturing, distribution, authorization; and a brief statement of nature of the ENDS industry relative to wholesale, export, import, testing, the subject of each authorization (e.g., the industries historically covered by investigation, or research.’’ 18 U.S.C. health effects of flavor substances, the PACT Act, the Postal Service 1716E(b)(3)(A)(i), (b)(3)(B)(ii)(I)–(II), medical effects of cannabidiol (‘‘CBD’’), anticipates receiving ENDS-related (b)(5)(A), (b)(5)(C)(ii)(I). Applicants for battery safety testing). exception applications at a rate several the consumer testing exception must h. The brand name and a description orders of magnitude above the historic also be (or be legally authorized agents of each product intended to be shipped norm. Moreover, those applications are of) legally operating cigarette by each sender or to each addressee. expected to involve numbers of parties manufacturers with ‘‘a permit, in good i. Whether any identified products or and products far greater than past PACT standing, issued under section 5713 of other intended shipments from each Act applications. These factors translate the Internal Revenue Code of 1986.’’ Id. sender or to each addressee contain into a load on Postal Service resources at (b)(5)(A)(i). lithium batteries, nicotine, CBD, or that would massively outstrip To the extent that the final rule may tetrahydrocannabinol (‘‘THC’’). historically allocated levels. The Postal make any of these exceptions available j. For products containing nicotine or Service is contemplating reforms to its for shipments of ENDS, prospective THC, the intended quantity of the application process to contend with this applicants may wish to prepare by product per shipment and the manifold near-term increase in compiling electronic copies of all concentration of nicotine or THC. complexity that would result from relevant license and permit k. For products containing CBD with extending the exceptions to ENDS, as documentation for themselves and, with a THC concentration not exceeding 0.3 well as studying how to improve the respect to the business/regulatory percent, whether the CBD derives from process’s efficiency and accessibility in purposes exception, each addressee that hemp. the longer term. they intend to identify in their Whether any ENDS mailers may exception application. Mailability Beyond the PACT Act ultimately be allowed to use the For intended business/regulatory ENDS implicate mailability statutes exceptions remains to be determined. purposes exception applications by and regulations beyond the PACT Act. The Postal Service is not in an organizations engaged in testing, These statutes and regulations already

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20289

render certain substances and nonmailable except subject to requirements. See Publication 52 components nonmailable, and they will requirements designed to render them section 451.3 and DMM section 601.3.4. continue to do so with respect to any nonhazardous in the mails and/or in air Hazardous and restricted materials: ENDS shipments that remain mailable transportation. 18 U.S.C. 1716(a)–(b); 39 Advertising, promotional, or sales pursuant to exceptions or exclusions U.S.C. 3018; Publication 52 sections 31– matter. To the extent that ENDS may be under the impending final rule. ENDS 349, 711–728 & appx. A, C. Mailers of subject to special requirements as that become nonmailable under the ENDS solutions should carefully review hazardous or otherwise restricted PACT Act can additionally violate other the chemical constituents of those materials, then matter that solicits or mailability statutes and regulations. products and ascertain the flashpoint of induces the mailing of such items is These restrictions and requirements each constituent substance, its mailable only if it contains all pertinent govern the use of the federal mail toxicological profile, and its packaging instructions and any other system, regardless of the legal status of concentration in the relevant solution. mailing limitations. 18 U.S.C. 1716(h); any items under state or local law. Nicotine is a toxic substance, for DMM section 601.9.4.1. Violations of these mailability laws can example. In addition, ENDS liquids— result in civil or criminal penalties. including non-nicotine-containing Conclusion Therefore, all persons currently or liquids—may contain acetals, acetoin Again, it is emphasized that the Postal prospectively engaged in the mailing of (acetyl methyl carbinol), aldehydes, Service has yet to determine whether ENDS—including, in particular, those butanol, diacetyl (butanedione), and to what extent any PACT Act who intend to continue mailing ENDS propanol, and other compounds that exceptions may be made available for under any potentially available PACT qualify as flammable or toxic ENDS. Nevertheless, mailers of ENDS Act exceptions—are advised to review substances. Compare 49 CFR 172.101; products may find the preparatory Publication 52 carefully. Certain Publication 52, appx. A, with Hanno C. information above useful in preparing pertinent issues are highlighted below, Erythropel et al., Formation of for the potential availability of such but this list is not necessarily Flavorant-Propylene Glycol Adducts exceptions following a final rule. In exhaustive. with Novel Toxicological Properties in addition, all persons currently or CBD products. For hemp-based Chemically Unstable E-Cigarette prospectively engaged in the mailing of products containing CBD with a THC Liquids, 21 Nicotine & Tobacco ENDS products should carefully review concentration not exceeding 0.3 percent, Research 1248 (2018); Joseph G. Allen et non-PACT-Act-related mailing mailers must retain, and prepare to al., Flavoring Chemicals in E-Cigarettes: prohibitions, restrictions, and other make available upon request, records Diacetyl, 2,3-Pentanedione, and Acetoin requirements that may apply to ENDS establishing compliance with all in a Sample of 51 Products, Including products, to ensure that their use of the applicable federal, state, and local laws Fruit-, Candy-, and Cocktail-Flavored E- mail system is safe and compliant with pertaining to hemp production, Cigarettes, 124 Enviro. Health Federal law. processing, distribution, and sales, Perspectives 733 (2016). including the Agricultural Act of 2014 Depending on a substance’s flashpoint Joshua J. Hofer, and the Agricultural Improvement Act or lethal dose (LD50) and its Attorney, Ethics & Legal Compliance. of 2018. Such records may include concentration in a solution, the [FR Doc. 2021–07976 Filed 4–16–21; 8:45 am] laboratory test results, licenses, and substance may or may not be prohibited BILLING CODE P compliance reports. See Publication 52 or subject to special Department of section 453.37. Transportation requirements as a Controlled substances and drug hazardous material. See generally ENVIRONMENTAL PROTECTION paraphernalia. All other substances that Publication 52 sections 343, 346 & appx. AGENCY contain THC are Schedule I controlled A, C. Such items may be prohibited substances for purposes of federal law, from or restricted in air transportation 40 CFR Part 52 21 CFR 1308.11(d)(31), and are therefore and may not be eligible for shipping via nonmailable in most instances. 21 [EPA–R06–OAR–2015–0189; FRL–10022– Priority Mail Express, Priority Mail, 74–Region 6] U.S.C. 843(b); Publication 52 section First-Class Mail, or First-Class Package 453. Products used with such Service. Id. sections 327, 711–728. Even Air Plan Approval; Arkansas; Arkansas substances may qualify as nonmailable nonregulated toxic liquids and solids Regional Haze and Visibility Transport drug paraphernalia. See 21 U.S.C. 863; may be subject to quantity restrictions, State Implementation Plan Revisions; Publication 52 section 453. This federal packaging requirements, and restrictions Correction mailing prohibition is unaffected by on the availability of Postal Service whether the mailing of THC-containing shipping options. See Publication 52 AGENCY: Environmental Protection substances violates state or local law sections 346.232. Agency (EPA). and by the restriction of Department of Hazardous materials: Lithium ACTION: Final rule; correction. Justice appropriations relating to batteries. Mailers of lithium metal or medical marijuana. See Public Law 116– lithium-ion batteries should be aware of SUMMARY: The Environmental Protection 260, div. B, title V, section 531 (2020). applicable restrictions and Agency (EPA) is correcting a final rule Advertisements for controlled requirements, which may determine that appeared in the Federal Register on substances and drug paraphernalia. It is mailability, packaging, product design, March 22, 2021, and that will become unlawful to mail advertisements for, or shipping quantities, and the availability effective on April 21, 2021. The EPA to advertise the mailing of, federally of relevant Postal Service products. See finalized approval of a revision to the controlled substances or drug Publication 52 section 349.221–.222, Arkansas State Implementation Plan paraphernalia. 21 U.S.C. 843(b), (c)(1); 711–728. (SIP) submitted by the State of Arkansas Mailing Standards of the United States Non-hazardous liquids. Mailers of through the Arkansas Department of Postal Service, Domestic Mail Manual liquids that are not regulated as Energy and Environment, Division of (‘‘DMM’’) section 601.9.4.1. hazardous materials (whether or not Environmental Quality (DEQ). This Hazardous materials: Solutions. Toxic such liquids contain nicotine) should be document corrects an error in the and flammable substances are aware of applicable packaging regulatory text. This correction does not

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20290 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

change any final action taken by the CFR 52.170(e). The EPA finds that there SUMMARY: This regulation establishes EPA on March 22, 2021. is good cause to make this correction tolerances for residues of the insecticide DATES: Effective on April 21, 2021. without providing for notice and metaflumizone in or on multiple ADDRESSES: The EPA has established a comment because neither notice nor commodities which are identified and docket of all documents for this action comment is necessary and would not be discussed later in this document. BASF at https://www.regulations.gov under in the public interest due to the nature Corporation requested these tolerances Docket ID No. EPA–R06–OAR–2015– of the correction which is minor, under the Federal Food, Drug, and 0189. Although listed in the index, technical and does not change the Cosmetic Act (FFDCA). some information is not publicly obligations already existing in the rule. DATES: This regulation is effective April available, e.g., Confidential Business While the ‘‘Identification of Plan’’ 19, 2021. Objections and requests for Information or other information whose section of the regulatory text accurately hearings must be received on or before disclosure is restricted by statute. includes the three new entries added to June 18, 2021, and must be filed in Certain other material, such as the ‘‘EPA-Approved Non-Regulatory accordance with the instructions copyrighted material, is not placed on Provisions and Quasi-Regulatory provided in 40 CFR part 178 (see also the internet. Publicly available docket Measures in the Arkansas SIP’’ table, the Unit I.C. of the SUPPLEMENTARY materials are available electronically amendatory instruction erroneously INFORMATION). through https://www.regulations.gov. states that one entry rather than three are being added to the table. Therefore, ADDRESSES: The docket for this action, FOR FURTHER INFORMATION CONTACT: identified by docket identification (ID) James E. Grady, EPA Region 6 Office, the EPA finds that the corrections are merely correcting the amendatory number EPA–HQ–OPP–2019–0385, is Regional Haze and SO2 Section, 1201 instruction without changing any final available at http://www.regulations.gov Elm Street, Suite 500, Dallas, TX 72570, or at the Office of Pesticide Programs 214–665–6745; [email protected]. action taken by the EPA on March 22, 2021. Regulatory Public Docket (OPP Docket) Out of an abundance of caution for in the Environmental Protection Agency members of the public and our staff, the Federal Register Correction Docket Center (EPA/DC), West William EPA Region 6 office will be closed to the ■ Jefferson Clinton Bldg., Rm. 3334, 1301 public to reduce the risk of transmitting In FR Doc. 2021–05362 at 86 FR 15104 in the issue of Monday, March Constitution Ave. NW, Washington, DC COVID–19. Please call or email the 20460–0001. The Public Reading Room contact listed above if you need 22, 2021, the following corrections are made: is open from 8:30 a.m. to 4:30 p.m., alternative access to material indexed Monday through Friday, excluding legal but not provided in the docket. § 52.170 [Corrected] holidays. The telephone number for the SUPPLEMENTARY INFORMATION: On March ■ 1. On page 15131, in the third column, Public Reading Room is (202) 566–1744, 22, 2021 (86 FR 15104), EPA published in amendment 2.b. the instruction ‘‘In and the telephone number for the OPP a final rule action, ‘‘Air Plan Approval; paragraph (e), the third table titled Docket is (703) 305–5805. Arkansas; Arkansas Regional Haze and ‘‘EPA-Approved Non-Regulatory Due to the public health concerns Visibility Transport State Provisions and Quasi-Regulatory related to COVID–19, the EPA Docket Implementation Plan Revisions.’’ The Measures in the Arkansas SIP’’ is Center (EPA/DC) and Reading Room is final rule approved revisions to the amended by adding an entry for closed to visitors with limited State Implementation Plan (SIP) for the ‘‘Arkansas Regional Haze Phase III SIP exceptions. The staff continues to State of Arkansas concerning Revision’’ at the end of the table.’’ is provide remote customer service via requirements of the Clean Air Act and corrected to read ‘‘In paragraph (e), the email, phone, and webform. For the the Regional Haze Rule for visibility third table titled ‘‘EPA-Approved Non- latest status information on EPA/DC protection in mandatory Class I Federal Regulatory Provisions and Quasi- services and docket access, visit https:// areas for the first implementation period Regulatory Measures in the Arkansas www.epa.gov/dockets. and pertain specifically to the Domtar SIP’’ is amended by adding entries for FOR FURTHER INFORMATION CONTACT: Ashdown Mill. The final rule also ‘‘Arkansas Regional Haze Phase III SIP Marietta Echeverria, Acting Director, approved revisions concerning Revision,’’ ‘‘Arkansas 2015 O3 NAAQS Registration Division (7505P), Office of Arkansas’ interstate visibility transport Interstate Transport SIP Revision,’’ and Pesticide Programs, Environmental obligations for the following national ‘‘Arkansas Regional Haze SO2 and PM Protection Agency, 1200 Pennsylvania ambient air quality standards (NAAQS): SIP Revision’’ at the end of the table.’’ Avenue NW, Washington, DC 20460– The 2006 24-hour fine particulate matter Dated: April 14, 2021. 0001; main telephone number: (703) (PM2.5) NAAQS; the 2012 annual PM2.5 305–7090; email address: NAAQS; the 2008 and 2015 eight-hour David Gray, Acting Regional Administrator, Region 6. [email protected]. ozone (O3) NAAQS; the 2010 one-hour SUPPLEMENTARY INFORMATION [FR Doc. 2021–08004 Filed 4–16–21; 8:45 am] : nitrogen dioxide (NO2) NAAQS; and the 2010 one-hour SO2 NAAQS. For more BILLING CODE 6560–50–P I. General Information information, please see the EPA’s A. Does this action apply to me? rulemaking action at https:// www.regulations.gov under Docket ID ENVIRONMENTAL PROTECTION You may be potentially affected by No. EPA–R06–OAR–2015–0189. AGENCY this action if you are an agricultural producer, food manufacturer, or Need for Correction 40 CFR Part 180 pesticide manufacturer. The following As published, the regulatory text in [EPA–HQ–OPP–2019–0385; FRL–10018–60] list of North American Industrial the final rule contains an error that Classification System (NAICS) codes is omits the amendatory instruction for Metaflumizone; Pesticide Tolerances not intended to be exhaustive, but rather adding two entries to the table entitled AGENCY: Environmental Protection provides a guide to help readers ‘‘EPA-Approved Non-Regulatory Agency (EPA). determine whether this document Provisions and Quasi-Regulatory applies to them. Potentially affected ACTION: Final rule. Measures in the Arkansas SIP’’ in 40 entities may include:

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20291

• Crop production (NAICS code 111). Additional instructions on determines that the tolerance is ‘‘safe.’’ • Animal production (NAICS code commenting or visiting the docket, Section 408(b)(2)(A)(ii) of FFDCA 112). along with more information about defines ‘‘safe’’ to mean that ‘‘there is a • Food manufacturing (NAICS code dockets generally, is available at http:// reasonable certainty that no harm will 311). www.epa.gov/dockets. result from aggregate exposure to the • Pesticide manufacturing (NAICS pesticide chemical residue, including code 32532). II. Summary of Petitioned-For Tolerance all anticipated dietary exposures and all B. How can I get electronic access to other exposures for which there is In the Federal Register of August 30, other related information? reliable information.’’ This includes 2019 (84 FR 45702) (FRL–9998–15), exposure through drinking water and in You may access a frequently updated EPA issued a document pursuant to residential settings but does not include electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C. occupational exposure. Section regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a 408(b)(2)(C) of FFDCA requires EPA to the Government Publishing Office’s e- pesticide petition (PP 8E8707) by BASF give special consideration to exposure CFR site at http://www.ecfr.gov/cgi-bin/ Corporation, P.O. Box 13528, Research of infants and children to the pesticide text-idx?&c=ecfr&tpl=/ecfrbrowse/ Triangle Park, NC 27709. That _ chemical residue in establishing a Title40/40tab 02.tpl. document stated that BASF’s petition tolerance and to ‘‘ensure that there is a (summarized by BASF Corporation in C. How can I file an objection or hearing reasonable certainty that no harm will docket ID EPA–HQ–OPP–2019–0385) request? result to infants and children from requested that 40 CFR 180.657 be aggregate exposure to the pesticide Under FFDCA section 408(g), 21 amended by establishing tolerances for chemical residue. . . .’’ U.S.C. 346a(g), any person may file an residues of the insecticide Consistent with FFDCA section objection to any aspect of this regulation metaflumizone (2-[2-(4-cyanophenyl)-1- and may also request a hearing on those 408(b)(2)(D), and the factors specified in [3-(trifluoromethyl)phenyl]ethylidene]- FFDCA section 408(b)(2)(D), EPA has objections. You must file your objection N-[4-(trifluoromethoxy)phenyl] reviewed the available scientific data or request a hearing on this regulation hydrazinecarboxamide; E and Z and other relevant information in in accordance with the instructions isomers), in or on apple at 1.0 parts per support of this action. EPA has provided in 40 CFR part 178. To ensure million (ppm), apple, wet pomace at 3.0 sufficient data to assess the hazards of proper receipt by EPA, you must ppm, coffee at 0.15 ppm, fruit, small, and to make a determination on identify docket ID number EPA–HQ– vine climbing, except fuzzy kiwi fruit, aggregate exposure for metaflumizone OPP–2019–0385 in the subject line on subgroup 13–07F at 5.0 ppm, grape, including exposure resulting from the the first page of your submission. All raisin at 10 ppm, lemon/lime subgroup tolerances established by this action. A objections and requests for a hearing 10–10B at 3.0 ppm, lemon/lime summary of EPA’s assessment of must be in writing and must be received subgroup 10–10B, oil at 42 ppm, melon by the Hearing Clerk on or before June subgroup 9A at 1.0 ppm, orange exposures and risks associated with 18, 2021. Addresses for mail and hand subgroup 10–10A at 3.0 ppm, orange metaflumizone follows. delivery of objections and hearing subgroup 10–10A, oil at 42 ppm, cattle, In an effort to streamline its requests are provided in 40 CFR fat at 0.05 ppm, goat, fat at 0.05 ppm, publications in the Federal Register, 178.25(b). horse, fat at 0.05 ppm, sheep, fat at 0.05 EPA is not reprinting sections that In addition to filing an objection or ppm, and milk, fat at 0.1 ppm. Although repeat what has been previously hearing request with the Hearing Clerk the petition summary did not request a published for tolerance rulemakings of as described in 40 CFR part 178, please tolerance on apple, wet pomace, the the same pesticide chemical. Where submit a copy of the filing (excluding petition itself requested a tolerance on scientific information concerning a any Confidential Business Information apple, wet pomace, so EPA included particular chemical remains unchanged, (CBI)) for inclusion in the public docket. that commodity in the document the content of those sections would not Information not marked confidential published in the Federal Register. There vary between tolerance rulemakings and pursuant to 40 CFR part 2 may be were no substantive comments received republishing the same sections is disclosed publicly by EPA without prior in response to the notice of filing for unnecessary; EPA considers referral notice. Submit the non-CBI copy of your this pesticide petition. back to those sections as sufficient to objection or hearing request, identified Based upon review of the data provide an explanation of the by docket ID number EPA–HQ–OPP– supporting the referenced petition, and information EPA considered in making 2019–0385, by one of the following in accordance with its authority under its safety determination for the new methods: FFDCA section 408(d)(4)(A)(i), EPA has rulemaking. • Federal eRulemaking Portal: http:// revised the tolerance levels and EPA has previously published a www.regulations.gov. Follow the online commodity definitions for several of the number of tolerance rulemakings for instructions for submitting comments. proposed commodities, established metaflumizone, in which EPA Do not submit electronically any additional necessary tolerances, and concluded, based on the available information you consider to be CBI or deleted a number of established information, that there is a reasonable other information whose disclosure is tolerances superseded by the newly certainty that no harm would result restricted by statute. established import tolerances. The from aggregate exposure to • Mail: OPP Docket, Environmental reasons for these changes are explained metaflumizone and established Protection Agency Docket Center (EPA/ in full detail in Unit IV.C. tolerances for residues of that chemical. DC), (28221T), 1200 Pennsylvania Ave. EPA is incorporating previously NW, Washington, DC 20460–0001. III. Aggregate Risk Assessment and published sections from those • Hand Delivery: To make special Determination of Safety rulemakings as described further in this arrangements for hand delivery or Section 408(b)(2)(A)(i) of FFDCA rulemaking, as they remain unchanged. delivery of boxed information, please allows EPA to establish a tolerance (the Toxicological Profile. For a discussion follow the instructions at http:// legal limit for a pesticide chemical of the Toxicological Profile of www.epa.gov/dockets/contacts.html. residue in or on a food) only if EPA metaflumizone, see Unit III.A. of the

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20292 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

October 30, 2015 rulemaking (80 FR estimated aggregate food, water, and Risk Assessment in Support of Section 66795) (FRL–9934–88). residential exposure to the appropriate 3 Registrations for Application of Toxicological Points of Departure/ PODs to ensure that an adequate MOE Metaflumizone to Pome Fruit (crop Levels of Concern. For a summary of the exists. For linear cancer risks, EPA group (CG) 11–10) and Stone Fruit (CG Toxicological Points of Departure/ calculates the lifetime probability of 12–12); Updating the CG Designation for Levels of Concern used for the safety acquiring cancer given the estimated Citrus to 10–10 and Tree Nuts to 14–12; assessment, see Unit III.B. of the aggregate exposure. and Permitting Aerial Application to October 30, 2015 rulemaking. The acute and chronic dietary Citrus Fruits, Grapes, Tree Nuts, and Exposure Assessment. Much of the estimates for metaflumizone were found Nurseries Containing Field-/Container- exposure assessment remains not to be of concern for the U.S. general Grown Nonbearing Stone and Pome unchanged from the previous population and all population Fruit Trees,’’ dated September 29, 2015 rulemaking, although some updates subgroups and are below the Agency’s (docket ID EPA–HQ–OPP–2014–0607), have occurred to accommodate level of concern (LOC) (<100% of the and ‘‘Metaflumizone: Human Health exposures from the petitioned-for acute population adjusted dose (aPAD) Risk Assessment in Support of tolerances. The updates are discussed in and chronic population adjusted dose Tolerances Without a U.S. Registration this section; for a description of the rest (cPAD), respectively). An acute in/on Apple, Coffee, Melon Subgroup of the EPA approach to and assumptions endpoint of concern was not identified 9A, Orange Subgroup 10–10A, Lemon/ for the exposure assessment, see Unit in the toxicological database for the Lime Subgroup 10–10B, Grape, Milk III.C. of the October 30, 2015 general U.S. population including Fat, and Ruminant Fat,’’ dated rulemaking. infants and children. Acute dietary risks December 7, 2020 (docket ID EPA–HQ– EPA’s exposure assessments have for metaflumizone are below the OPP–2019–0385). been updated to include the additional Agency’s LOC: 5.3% of the aPAD at the exposure from imported apple, coffee, 95th percentile for females 13–49 years IV. Other Considerations melon subgroup 9A, orange subgroup of age, the population group with the A. Analytical Enforcement Methodology 10–10A, lemon/lime subgroup 10–10B, highest exposure; and chronic risks are small vine climbing fruit subgroup 13– below the Agency’s LOC: 65% of the For a discussion of the available 07F (except fuzzy kiwifruit), milk fat, cPAD for children 1–2 years old, the analytical enforcement method, see Unit and ruminant fat for the combined most highly exposed population IV.A. of the October 30, 2015 residues of metaflumizone (E–Z isomer subgroup. Metaflumizone is classified as rulemaking. ratio of >9:1). The acute and chronic ‘‘Not Likely to be Carcinogenic to B. International Residue Limits dietary analyses for metaflumizone for Humans.’’ Therefore, EPA does not this action assumed tolerance-level expect exposure to metaflumizone to In making its tolerance decisions, EPA residues, 100% crop treated, and 2018 pose a cancer risk. seeks to harmonize U.S. tolerances with default processing factors when Since metaflumizone is registered for international standards whenever necessary, except for citrus juice, which uses that could result in short-term possible, consistent with U.S. food used empirical processing factor for residential exposure, EPA evaluated the safety standards and agricultural citrus juice. The modeled estimates of potential for short-term risk by practices. EPA considers the drinking water concentrations and the aggregating chronic exposure through international maximum residue limits Agency’s assessment of residential, or food and water with short-term (MRLs) established by the Codex non-occupational exposure remain the residential exposures to metaflumizone. Alimentarius Commission (Codex), as same as in the October 30, 2015 Since the LOC for the various routes of required by FFDCA section 408(b)(4). rulemaking, as the residues on imported exposure differ, the aggregate risk Codex is a joint United Nations Food commodities do not impact the drinking estimates were calculated using the and Agriculture Organization/World water exposures or residential Aggregate Risk Index (ARI) approach Health Organization food standards exposures. The Agency’s position (LOC for ARI <1). The short-term program, and it is recognized as an regarding cumulative risk also remains aggregate assessment combined food + international food safety standards- the same. drinking water exposure with the setting organization in trade agreements Safety Factor for Infants and highest potential residential post- to which the United States is a party. Children. EPA continues to retain the application exposure (high-contact Although EPA may establish a tolerance Food Quality Protection Act (FQPA) activity on turf). The aggregate ARIs are that is different from a Codex MRL, safety factor of 10× for inhalation greater than 1; therefore, EPA concludes FFDCA section 408(b)(4) requires that exposure scenarios, while continuing to there is no short-term risk of concern. EPA explain the reasons for departing conclude that there is reliable data Although only short-term residential from the Codex level. showing that the safety of infants and exposure is anticipated, the short-term While Codex has not yet established children would be adequately protected assessment is protective of intermediate- MRLs on the commodities mentioned in if the FQPA SF were reduced from 10× term exposure since the short- and this document, it has proposed MRLs to 3× for all oral exposure scenarios and intermediate-term PODs/LOCs are in/on most of the relevant commodities. reduced to 1× for dermal exposures. The identical. EPA notes that the U.S. and Codex reasons for that decision are articulated Determination of Safety. Based on the residue definitions differ in that the U.S. in Unit III.D. of the October 30, 2015 risk assessments and information tolerance expression includes rulemaking. described above, EPA concludes there is metaflumizone (E- and Z-isomers) and Aggregate Risks and Determination of a reasonable certainty that no harm will M320I04 while Codex includes only Safety. EPA determines whether acute result to the U.S. general population, or metaflumizone (E- and Z-isomers). EPA and chronic dietary pesticide exposures to infants and children, from aggregate is harmonizing its U.S. tolerances with are safe by comparing aggregate exposure to metaflumizone residues. most of the proposed Codex MRLs for exposure estimates to the acute PAD More detailed information on the apple, coffee, grape, melon subgroup (aPAD) and chronic PAD (cPAD). subject action can be found at http:// 9A, orange subgroup 10–10A, orange Short-, intermediate-, and chronic-term www.regulations.gov in the documents oil, raisin, milk fat, and fat (cattle, goat, risks are evaluated by comparing the entitled ‘‘Metaflumizone: Human Health horse, and sheep). EPA is not

VerDate Sep<11>2014 16:45 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20293

harmonizing the U.S. tolerance on VI. Statutory and Executive Order to this action. In addition, this action lemon/lime subgroup 10–10B with the Reviews does not impose any enforceable duty or Codex MRL since the Codex MRL is less This action establishes tolerances contain any unfunded mandate as than that calculated by EPA using the under FFDCA section 408(d) in described under Title II of the Unfunded submitted residue data and the OECD response to a petition submitted to the Mandates Reform Act (UMRA) (2 U.S.C. tolerance calculation procedure. Agency. The Office of Management and 1501 et seq.). This action does not involve any C. Revisions to Petitioned-For Budget (OMB) has exempted these types technical standards that would require Tolerances of actions from review under Executive Agency consideration of voluntary Based upon review of data and Order 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 51735, consensus standards pursuant to section supporting materials for this petition, 12(d) of the National Technology EPA is establishing tolerances for the October 4, 1993). Because this action has been exempted from review under Transfer and Advancement Act following commodities requested using (NTTAA) (15 U.S.C. 272 note). the Agency’s preferred commodity Executive Order 12866, this action is terminology: Instead of establishing a not subject to Executive Order 13211, VII. Congressional Review Act entitled ‘‘Actions Concerning tolerance for coffee, as requested, the Pursuant to the Congressional Review Regulations That Significantly Affect Agency is establishing a tolerance for Act (5 U.S.C. 801 et seq.), EPA will Energy Supply, Distribution, or Use’’ (66 coffee, green bean. In addition, based submit a report containing this rule and FR 28355, May 22, 2001) or Executive upon supporting data and other required information to the U.S. Order 13045, entitled ‘‘Protection of harmonization with proposed Codex Senate, the U.S. House of Children from Environmental Health MRLs, the Agency is establishing a Representatives, and the Comptroller Risks and Safety Risks’’ (62 FR 19885, tolerance level lower than requested for General of the United States prior to April 23, 1997) or Executive Order Apple at 0.9 ppm, and tolerance levels publication of the rule in the Federal 13771, entitled ‘‘Reducing Regulations higher than requested for grape, raisin at Register. This action is not a ‘‘major and Controlling Regulatory Costs’’ (82 13 ppm; lemon/lime subgroup 10–10B, rule’’ as defined by 5 U.S.C. 804(2). oil at 100 ppm; and orange subgroup FR 9339, February 3, 2017). This action 10–10A, oil at 100 ppm. Further, since does not contain any information List of Subjects in 40 CFR Part 180 importation of ruminant commodities is collections subject to OMB approval Environmental protection, also a probability and based on the under the Paperwork Reduction Act Administrative practice and procedure, livestock dietary burdens, EPA is also (PRA) (44 U.S.C. 3501 et seq.), nor does Agricultural commodities, Pesticides establishing tolerances for milk fat and it require any special considerations and pests, Reporting and recordkeeping ruminant fat tolerances in or on cattle, under Executive Order 12898, entitled requirements. fat at 0.15 ppm; goat, fat at 0.15 ppm; ‘‘Federal Actions to Address Dated: April 8, 2021. horse, fat at 0.15 ppm; sheep, fat at 0.15 Environmental Justice in Minority ppm; and milk, fat at 0.6 ppm. Populations and Low-Income Marietta Echeverria, Populations’’ (59 FR 7629, February 16, Acting Director, Registration Division, Office V. Conclusion 1994). of Pesticide Programs. Therefore, tolerances are established Since tolerances and exemptions that Therefore, 40 CFR chapter I is for residues of the insecticide are established on the basis of a petition amended as follows: metaflumizone (2-[2-(4-cyanophenyl)-1- under FFDCA section 408(d), such as [3-(trifluoromethyl)phenyl]ethylidene]- the tolerance in this final rule, do not PART 180—TOLERANCES AND N-[4-(trifluoromethoxy)phenyl] require the issuance of a proposed rule, EXEMPTIONS FOR PESTICIDE hydrazinecarboxamide; E and Z the requirements of the Regulatory CHEMICAL RESIDUES IN FOOD isomers), in or on apple at 0.9 parts per Flexibility Act (RFA) (5 U.S.C. 601 et million (ppm); apple, wet pomace at 3 seq.), do not apply. ■ 1. The authority citation for part 180 ppm; coffee, green bean at 0.15 ppm; This action directly regulates growers, continues to read as follows: grape, raisin at 13 ppm; grapefruit food processors, food handlers, and food Authority: 21 U.S.C. 321(q), 346a and 371. subgroup 10–10C at 0.04 ppm; lemon/ retailers, not States or tribes, nor does ■ 2. In § 180.657: lime subgroup 10–10B at 3 ppm; lemon/ this action alter the relationships or ■ a. Designate paragraph (a) lime subgroup 10–10B, oil at 100 ppm; distribution of power and introductory text as paragraph (a)(1) and melon subgroup 9A at 1 ppm; orange responsibilities established by Congress revise newly designated paragraph (a)(1) subgroup 10–10A at 3 ppm; orange in the preemption provisions of FFDCA introductory text; subgroup 10–10A, oil at 100 ppm; cattle, section 408(n)(4). As such, the Agency ■ b. In the table in newly designated fat at 0.15 ppm; goat, fat at 0.15 ppm; has determined that this action will not paragraph (a)(1): horse, fat at 0.15 ppm; milk, fat at 0.6 have a substantial direct effect on States ■ i. Add a heading for the table; ppm; and sheep, fat at 0.15 ppm. In or tribal governments, on the ■ ii. Add entries for ‘‘Apple,’’ ‘‘Apple, addition, the existing tolerance for relationship between the National wet pomace,’’ and ‘‘Coffee, green bean’’ ‘‘fruit, pome, group 11–10,’’ is amended Government and the States or tribal in alphabetical order; to clarify that that entry now excludes governments, or on the distribution of ■ iii. Remove the entries for ‘‘Fruit, apple, due to the establishment of a power and responsibilities among the citrus, group 10–10,’’ ‘‘Fruit, pome, separate apple tolerance in this various levels of government or between group 11–10,’’ and ‘‘Fruit, stone, group rulemaking and the existing tolerance the Federal Government and Indian 12–12’’; for grape is amended to raise the tribes. Thus, the Agency has determined ■ iv. Add the entry ‘‘Fruit, pome, group tolerance level from 0.04 ppm to 5 ppm. that Executive Order 13132, entitled 11–10, except apple’’ in alphabetical Finally, EPA is removing the tolerance ‘‘Federalism’’ (64 FR 43255, August 10, order; for ‘‘fruit, citrus, group 10–10’’ because 1999) and Executive Order 13175, ■ v. Revise the entry for ‘‘Grape’’; it is superseded by the newly entitled ‘‘Consultation and Coordination ■ vi. Add entries for ‘‘Grape, raisin,’’ established tolerances for each of the with Indian Tribal Governments’’ (65 FR ‘‘Grapefruit subgroup 10–10C,’’ fruit, citrus, group 10–10 subgroups. 67249, November 9, 2000) do not apply ‘‘Lemon/lime subgroup 10–10B,’’

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20294 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

‘‘Lemon/lime subgroup 10–10B, oil,’’ isomers; 2-[2-(4-cyanophenyl)-1-[3- SUPPLEMENTARY INFORMATION: This is a ‘‘Melon subgroup 9A,’’ ‘‘Orange (trifluoromethyl) phenyl]ethylidene]-N- summary of the Auction 109 Procedures subgroup 10–10A,’’ and ‘‘Orange [4-(trifluoromethoxy)phenyl] Public Notice, released on April 1, 2021. subgroup 10–10A, oil’’ in alphabetical hydrazinecarboxamide) in or on the The complete text of the Auction 109 order; and following animal commodities: Procedures Public Notice, including ■ vii. Revise footnote 1; and attachments and any related document, ■ c. Add paragraph (a)(2). TABLE 2 TO PARAGRAPH (a)(2) are available on the Commission’s The additions and revisions read as website at www.fcc.gov/auction/109 or follows: Parts per by using the search function for AU Commodity million § 180.657 Metaflumizone; tolerances for Docket No. 21–39, DA 21–361, on the Commission’s Electronic Comment residues. Cattle, fat ...... 0.15 Filing System (ECFS) web page at (a) General. (1) Tolerances are Goat, fat ...... 0.15 www.fcc.gov/ecfs. Alternative formats established for residues of the Horse, fat ...... 0.15 are available to persons with disabilities insecticide metaflumizone, including its Milk, fat ...... 0.6 by sending an email to [email protected] metabolites and degradates, in or on the Sheep, fat ...... 0.15 or by calling the Consumer & commodities listed in table 1 to this Governmental Affairs Bureau at (202) paragraph (a)(1). Compliance with the * * * * * [FR Doc. 2021–07951 Filed 4–16–21; 8:45 am] 418–0530 (voice), (202) 418–0432 tolerance levels specified in this (TTY). paragraph (a)(1) is to be determined by BILLING CODE 6560–50–P measuring only the sum of I. General Information metaflumizone (E and Z isomers; 2-[2- 1. Introduction. By the Auction 109 FEDERAL COMMUNICATIONS (4-cyanophenyl)-1-[3-(trifluoromethyl) Procedures Public Notice, the Office of COMMISSION phenyl]ethylidene]-N-[4- Economics and Analytics (OEA), in (trifluoromethoxy)phenyl] 47 CFR Parts 1 and 73 conjunction with the Media Bureau hydrazinecarboxamide) and its (MB), establishes the procedures and { metabolite 4- 2-oxo-2-[3- [AU Docket No. 21–39; DA 21–361; FR ID minimum opening bid amounts for the } (trifluoromethyl) phenyl]ethyl - 21109] upcoming auction of certain AM and benzonitrile, calculated as the FM broadcast construction permits. stoichiometric equivalent of Auction of AM and FM Broadcast 2. On February 8, 2021, OEA, in metaflumizone, in or on the following Construction Permits Scheduled for conjunction with MB, released a public commodities: July 27, 2021; Notice of Filing notice seeking comment on competitive Requirements, Minimum Opening Bids, bidding procedures and minimum TABLE 1 TO PARAGRAPH (a)(1) Upfront Payments, and Other opening bid amounts to be used in Procedures for Auction 109 Auction 109. Three parties submitted Parts per comments in response to the Auction Commodity million AGENCY: Federal Communications Commission. 109 Comment Public Notice, 86 FR 12556, March 4, 2021. ACTION: Final action; requirements and 3. Construction Permits Offered in ***** procedures. Apple ...... 0.9 Auction 109. Auction 109 will offer four Apple, wet pomace ...... 3 SUMMARY: This document summarizes AM construction permits and 136 FM Coffee, green bean 1 ...... 0.15 the procedures, deadlines, and upfront construction permits. The construction payment and minimum opening bid permits to be auctioned are listed in ***** Attachment A to the Auction 109 Fruit, pome, group 11–10, ex- amounts for the upcoming auction of cept apple ...... 0.04 certain AM and FM broadcast Procedures Public Notice. Grape ...... 5 construction permits. The Auction 109 4. AM Construction Permits. Auction Grape, raisin ...... 13 Procedures Public Notice summarized 109 will offer four construction permits Grapefruit subgroup 10–10C .... 0.04 here is intended to familiarize potential in the AM broadcast service. Lemon/lime subgroup 10–10B 3 applicants with details of the Attachment A to the Auction 109 Lemon/lime subgroup 10–10B, procedures, terms, and conditions Procedures Public Notice lists the oil ...... 100 governing participation in Auction 109. community of license, channel, class, Melon subgroup 9A 1 ...... 1 and coordinates for each AM permit DATES: Applications to participate in being offered. ***** Auction 109 must be submitted before 5. The construction permits to be Orange subgroup 10–10A ...... 3 6:00 p.m. Eastern Time (ET) on May 11, auctioned are for four previously Orange subgroup 10–10A, oil .. 100 2021. Upfront payments for Auction 109 licensed AM stations: KFTK(AM), East must be received by 6:00 p.m. ET on ***** St. Louis, IL, former Facility ID No. June 16, 2021. Bidding in Auction 109 72815; WQQW(AM), Highland, IL, 1 There are no U.S. registrations for this is scheduled to start on July 27, 2021. former Facility ID No. 90598; commodity as of April 19, 2021. FOR FURTHER INFORMATION CONTACT: KZQZ(AM), St. Louis, MO, former (2) Tolerances are established for General Auction 109 Information: Facility ID No. 72391; and KQQZ(AM), residues of the insecticide FCC Auctions Hotline at 888–225–5322, Fairview Heights, IL, former Facility ID metaflumizone, including its option two; or 717–338–2868. No. 5281. The license renewals of each metabolites and degradates, in or on the Auction 109 Legal Information: Lynne of these former AM stations were commodities listed in table 2 to this Milne or Lyndsey Grunewald at 202– dismissed with prejudice in a hearing paragraph (a)(2). Compliance with the 418–0660. before the Commission’s Administrative tolerance levels specified in this Licensing Information: Lisa Scanlan Law Judge and the call signs deleted. paragraph (a)(2) is to be determined by or Tom Nessinger or James Bradshaw at 6. To facilitate the auction of the four measuring only metaflumizone (E and Z (202) 418–2700. AM permits, the four AM facilities will

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20295

be treated as existing allotments, using commercial or NCE minor change Commission orders concerning the coordinates, AM station frequency application during the Auction 109 competitive bidding for broadcast and class, and community of license of short-form application filing window construction permits. Applicants must the respective AM facility as listed in from April 28, 2021, to May 11, 2021. also be thoroughly familiar with the Attachment A to the Auction 109 FM commercial and NCE minor change procedures, terms, and conditions Procedures Public Notice. The Media applications filed during the Auction contained in the Auction 109 Bureau has protected these four AM 109 short-form application filing Procedures Public Notice and any future stations by freezing the filing of any window will be dismissed. In addition, public notices that may be released in minor modification applications that MB has announced that, in order to this proceeding or that relate to the would be mutually exclusive with the promote a more certain and speedy construction permits being offered in facilities of the four AM stations. auction process, during a period that Auction 109 or the AM and FM Pursuant to that freeze, any AM minor started on February 8, 2021 and ending broadcast services. change application that conflicts with the day after the filing deadline for post- 13. The terms contained in the the most recently licensed facilities of Auction 109, long-form applications, it Commission’s rules, relevant orders, these four AM stations may not be filed will not accept any application and public notices are not negotiable. during a period that started on March proposing to modify any FM allotments The Commission may amend or 20, 2020, and ends the day after the that will be offered in Auction 109; any supplement the information contained filing deadline for long-form petition or counterproposal that in its public notices at any time, and applications by Auction 109 winning proposes a change in channel, class, will issue public notices to convey any bidders. Because protections only community, or reference coordinates for new or supplemental information to extend to the previously licensed any FM allotments that will be offered applicants. It is the responsibility of all facility parameters, any winning bidder in Auction 109; nor any application, applicants to remain current with all or permittee will be limited in its petition, or counterproposal that fails to Commission rules and with all public opportunities to modify these AM fully protect any FM allotment that will notices pertaining to this auction. permits. Due to the existence of these be offered in Auction 109. Any such Copies of most auctions-related technical limitations, preferred site application filed between February 8, Commission documents, including coordinates cannot be specified for any 2021 and the day after the filing public notices, can be retrieved from the of these AM construction permits. deadline for post-auction 109, long-form FCC Auctions internet site at 7. FM Construction Permits. Auction applications will be dismissed. www.fcc.gov/auctions. 109 will also offer 136 construction 10. OEA and MB declined to adopt 14. An applicant should consult the permits in the FM broadcast service. commenters’ suggestions to add certain Commission’s rules to ensure that, in The construction permits to be AM facilities and FM allotments to the addition to the materials described auctioned include all of the 130 FM Auction 109 inventory. below, all required information is permits that had previously been listed 11. An applicant may apply for any included in its short-form application. in the inventory for Auction 106, as well AM or FM construction permit listed in as six additional permits. The FM Attachment A to the Auction 109 To the extent the information in the construction permits offered in Auction Procedures Public Notice. Consistent Auction 109 Procedures Public Notice 109 include 34 construction permits with our approach in previous broadcast does not address a potential applicant’s that were offered but not sold or were service auctions, when two or more specific operating structure, or if the defaulted upon in prior auctions. short-form applications (FCC Form 175) applicant needs additional information 8. Attachment A to the Auction 109 are submitted specifying the same or guidance concerning the following Procedures Public Notice lists the permit, mutual exclusivity exists for disclosure requirements, the applicant specific vacant FM allotments for which auction purposes, and that construction should review the educational materials the Commission will offer construction permit must be awarded by competitive for Auction 109 and/or use the contact permits in this auction, along with the bidding procedures. As explained in the information provided in the Auction reference coordinates for each vacant Auction 109 Comment Public Notice, 109 Procedures Public Notice to consult FM allotment. These construction once mutual exclusivity exists for with Commission staff to better permits are for vacant FM allotments auction purposes, even if only one understand the information it must reflecting FM channels added to the applicant is qualified to bid for a submit in its short-form application. Table of FM Allotments, 47 CFR particular construction permit, that 15. General Information Regarding 73.202(b), pursuant to the Commission’s applicant is required to submit a bid in Short-Form Applications. An established rulemaking procedures, and order to obtain the construction permit. application to participate in Auction assigned at the indicated communities. 109, referred to as a short-form 9. Each applicant in the FM service II. Applying To Participate in Auction application or FCC Form 175, provides may submit a set of preferred site 109 information that the Commission uses to coordinates on its short-form 12. Relevant Authority. Auction 109 determine whether the applicant is application (FCC Form 175) as an applicants must familiarize themselves legally, technically, and financially alternative to the reference coordinates thoroughly with the Commission’s qualified to participate in Commission for the vacant FM allotment upon which general competitive bidding rules, auctions for licenses or permits. The the applicant intends to bid. In order to including Commission decisions in short-form application is the first part of avoid potential conflicts between, on proceedings regarding competitive the Commission’s two-phased auction the one hand, FM commercial and bidding procedures, application application process. In the first phase, noncommercial educational (NCE) requirements, and obligations of parties desiring to participate in the minor change applications, which can Commission licensees. Broadcasters auction must file a streamlined, short- typically be filed on a first-come first- should also familiarize themselves with form application in which they certify served basis, and, on the other hand, the Commission’s AM and FM broadcast under penalty of perjury as to their any alternative reference coordinates service and competitive bidding qualifications. Eligibility to participate submitted on an applicant’s short form requirements contained in part 73 of the in bidding is based on the applicant’s application, MB will not accept any FM Commission’s rules, as well as short-form application and

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20296 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

certifications, and on its upfront Consistent with this requirement, a construction permit(s) or license(s) on payment, as explained below. broadcaster interested in bidding on which to bid or not to bid), or the post- 16. A party seeking to participate in more than one construction permit auction market structure, to which the Auction 109 must file a short-form cannot use two or more subsidiary applicant, or any party that controls or application electronically via the FCC’s entities to bid separately on is controlled by the applicant, is a party. Auction Application System prior to construction permits in separate In connection with the agreement 6:00 p.m. ET on May 11, 2021, following markets, regardless of whether each disclosure requirements, the applicant the FCC Form 175 Filing Instructions for subsidiary were to select different must certify under penalty of perjury in this auction in Attachment B to the construction permits on its short-form its FCC Form 175 that it has described, Auction 109 Procedures Public Notice. application. Likewise, if an entity, and identified each party to, any such All those wishing to participate in individual, or set of individuals hold agreement, arrangement, or Auction 109, regardless of whether they controlling interests in multiple entities understanding into which it has may have previously filed a short-form that are interested in participating in entered. An auction applicant that application for Auction 106, will be Auction 109, regardless of whether enters into any agreement during an required to file a new application to those entities have other, non-shared auction that relates to the permits or participate in Auction 109. controlling or non-controlling interests, licenses being auctioned is subject to 17. An applicant bears full those entities must participate in the the same disclosure obligations it would responsibility for submitting an auction through a single bidding entity have for agreements existing at the FCC accurate, complete, and timely short- and only that bidding entity may file an Form 175 filing deadline, and it must form application. An applicant must auction application. In that regard, the maintain the accuracy and completeness certify on its short-form application bidding entity must disclose in its short- of the information in its pending under penalty of perjury that it is form application any joint ventures or auction application. legally, technically, financially, and other agreements or arrangements with 24. The Commission’s rules generally otherwise qualified to hold a license. any commonly controlled, non- prohibit joint bidding and other Each applicant should read carefully the applicant entities related to bidding in arrangements involving auction instructions set forth in Attachment B to Auction 109. As noted by the applicants (including any party that the Auction 109 Procedures Public Commission in adopting the prohibition controls, or is controlled by, such Notice and should consult the of applications by commonly controlled applicants). For purposes of this Commission’s rules to ensure that, in entities, this rule, in conjunction with prohibition, joint bidding arrangements addition to the materials described the prohibition against joint bidding include arrangements relating to the below, all the information required is agreements, protects the permits being auctioned that address or included within its short-form competitiveness of our auctions. communicate, directly or indirectly, application. 21. Authorized Bidders. An applicant bidding at the auction, bidding 18. Submission of a short-form must designate at least one authorized strategies, including arrangements application (and any amendments bidder, and no more than three, in its regarding price or the specific permits thereto) constitutes a representation by FCC Form 175. The Commission’s rules on which to bid, and any such the certifying official that he or she is an prohibit an individual from serving as arrangements relating to the post- authorized representative of the an authorized bidder for more than one auction market structure. applicant, that he or she has read the auction applicant or being listed as an 25. To implement the prohibition on form’s instructions and certifications, authorized bidder in more than one FCC joint bidding arrangements, the and that the contents of the application, Form 175 application. Commission’s rules require each auction its certifications, and any attachments 22. Permit Selection. An applicant applicant to certify in its short-form are true and correct. Submission of a must select on its FCC Form 175 the application that it has disclosed any false certification to the Commission construction permit or permits, from the arrangements or understandings of any may result in penalties, including list of available permits, on which it kind relating to the permits or licenses monetary forfeitures, license forfeitures, wants to bid. An applicant must being auctioned to which it (or any ineligibility to participate in future carefully review and verify its party that controls or is controlled by it) auctions, and/or criminal prosecution. construction permit selections before is a party. The applicant must also 19. No individual or entity may file the deadline for submitting the FCC certify that it (or any party that controls more than one short-form application or Form 175, because those selections or is controlled by it) has not entered have a controlling interest in more than cannot be changed after the initial and will not enter into any arrangement one short-form application. If a party auction application filing deadline. The or understanding of any kind relating submits multiple short-form FCC auction bidding system will not directly or indirectly to bidding at applications for an auction, then only accept bids on construction permits that auction with, among others, any other one application may be the basis for that were not selected on the applicant’s applicant. party to become qualified to bid in that FCC Form 175. 26. Although the Commission’s rules auction. 23. Disclosure of Agreements and do not prohibit auction applicants from 20. Consistent with the Commission’s Bidding Arrangements. An applicant communicating about matters that are general prohibition of joint bidding must provide in its FCC Form 175 a within the scope of an excepted agreements, a party is generally brief description of, and identify each agreement that has been disclosed in an permitted to participate in a party to, any partnership, joint venture, FCC Form 175, the Commission reminds Commission auction only through a consortium, or agreement, arrangement, applicants that certain discussions or single bidding entity. Accordingly, the or understanding of any kind relating to exchanges could nonetheless touch filing of applications in Auction 109 by the AM and FM construction permits upon impermissible subject matters, and multiple entities controlled by the same being auctioned, including any that compliance with the Commission’s individual or set of individuals is not agreement that addresses or rules will not insulate a party from permitted. This restriction applies communicates directly or indirectly enforcement of the antitrust laws. across all applications, without regard bids (including specific prices), bidding 27. Applicants should bear in mind to the construction permits selected. strategies (including the specific that a winning bidder will be required

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20297

to disclose in its long-form application Media Bureau prior to the FCC Form applicant may continue to communicate following the close of the auction the 175 filing deadline a petition for pursuant to any pre-existing agreements, specific terms, conditions, and parties declaratory ruling requesting arrangements, or understandings that involved in any agreement relating to Commission approval to exceed the are solely operational or that provide for the permits or licenses being auctioned applicable foreign ownership limit or transfer or assignment of licenses, into which it had entered prior to the benchmark in section 310(b) that is provided that such agreements, time bidding closed. This applies to any pending before, or has been granted by, arrangements, or understandings are joint venture, partnership, or other the Commission. disclosed on its application and do not agreement, arrangement, or 30. Prohibited Communication and both relate to the permits at auction and understanding of any kind entered into Compliance with Antitrust Laws. The address or communicate bids (including relating to the competitive bidding rules prohibiting certain amounts), bidding strategies, or the process, including any agreements communications set forth in particular permits or licenses on which relating to the permits being auctioned §§ 1.2105(c) and 73.5002(d) and (e) of to bid or the post-auction market that address or communicate directly or the rules apply to each applicant that structure. indirectly bids (including specific files an FCC Form 175 in Auction 109. 33. In addition to express statements prices), bidding strategies (including the Section 1.2105(c)(1) of the of bids and bidding strategies, the specific permits on which to bid or not Commission’s rules provides that, prohibition against communicating in to bid), or the post-auction market subject to specified exceptions, after the any manner includes public disclosures structure, to which the applicant, or any deadline for filing a short-form as well as private communications and party that controls or is controlled by application all applicants are prohibited indirect or implicit communications. the applicant, is a party. from cooperating or collaborating with Consequently, an applicant must take 28. Ownership Disclosure respect to, communicating with or care to determine whether its auction- Requirements. Each applicant must disclosing, to each other in any manner related communications may reach comply with the ownership disclosure the substance of their own, or each another applicant. requirements and provide information other’s, or any other applicant’s bids or 34. Parties subject to § 1.2105(c) required by §§ 1.2105 and 1.2112 and, bidding strategies (including post- should take special care in where applicable, 1.2110 of the auction market structure), or discussing circumstances where their officers, Commission’s rules. Specifically, in or negotiating settlement agreements, directors, and employees may receive completing the FCC Form 175, an until after the down payment deadline. information directly or indirectly applicant will be required to fully 31. Entities Subject to § 1.2105(c). An relating to any applicant’s bids or disclose information on the real applicant for purposes of this rule bidding strategies. Such information party(ies)-in-interest and the ownership includes the officers and directors of the may be deemed to have been received structure of the applicant, including applicant, all controlling interests in the by the applicant under certain both direct and indirect ownership entity submitting the FCC Form 175, as circumstances. For example, interests of 10% or more, as prescribed well as all holders of interests Commission staff have determined that, in §§ 1.2105 and 1.2112 and, where amounting to 10% or more of that where an individual serves as an officer applicable, 1.2110 of the Commission’s entity. A party that submits an or director for two or more applicants, rules. Each applicant is responsible for application becomes an applicant under the bids and bidding strategies of one ensuring that information submitted in the rule at the application filing applicant are presumed conveyed to the its short-form application is complete deadline, and that status does not other applicant through the shared and accurate. change based on later developments, officer or director, which creates an 29. Foreign Ownership Disclosure including failure to become a qualified apparent violation of the rule. Requirements. Section 310 of the bidder. 35. Subject to the exception described Communications Act of 1934, as 32. Scope of Prohibition on above, § 1.2105(c)(1) prohibits amended (the Act), 47 U.S.C. 310, Communications; Prohibition on Joint applicants from communicating with requires the Commission to review Bidding Agreements. Section 1.2105 of specified other parties only with respect foreign investment in radio station the Commission’s rules prohibits certain to their own, or each other’s, or any licenses and imposes specific communications between applicants for other applicant’s bids or bidding restrictions on who may hold certain an auction, regardless of whether the strategies. Moreover, a communication types of radio licenses. In its FCC Form applicants seek permits in the same conveying bids or bidding strategies 175, an applicant must report geographic area or market. The (including post-auction market citizenship or jurisdiction of formation Commission’s rules also prohibit any structure) must also relate to the for the applicant and for each joint bidding arrangement, including licenses being auctioned in order to be disclosable interest holder (DIH). In arrangements relating to the permits covered by the prohibition. Thus, the completing the FCC Form 175, an being auctioned, that address or prohibition is limited in scope and does applicant also will be required to certify communicate, directly or indirectly, not apply to all communications that it is in compliance with the foreign bidding at the auction, bidding between or among the specified parties. ownership provisions contained in strategies, including arrangements The Commission consistently has made section 310 of the Act. Section regarding price or the specific permits clear that application of the rule 1.2105(a)(2)(vi) specifies that the on which to bid, and any such prohibiting communications has never Commission will accept an auction arrangements relating to the post- required total suspension of essential application certifying that a request for auction market structure. The rule ongoing business. Entities subject to the waiver or declaratory ruling from the provides limited exceptions for a prohibition may negotiate agreements requirements of section 310 is pending. communication within the scope of any during the prohibition period, provided If an applicant has foreign ownership arrangement consistent with the that the communications involved do interests in excess of the applicable exclusion from the Commission’s rule not relate both (1) to the licenses or limit or benchmark specified in section prohibiting joint bidding, provided such permits being auctioned and (2) to bids 310(b), it may seek to participate in arrangement is disclosed on the or bidding strategies or post-auction Auction 109 if it has filed with the applicant’s auction application. An market structure.

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20298 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

36. Accordingly, business discussions individual from any of the applicants following email address: auction109@ and negotiations that are unrelated to the individual advises. No person may fcc.gov. If you choose instead to submit bidding in Auction 109 and that do not serve as an authorized bidder for more a report in hard copy, contact Auctions convey information about the bids or than one applicant in Auction 109. Division staff for guidance at bidding strategies of an applicant, 39. Applicants also should use [email protected] or (202) 418–0660. including the post-auction market caution in their dealings with other 43. A party reporting any structure, are not prohibited by the rule. parties, such as members of the press, communication pursuant to § 1.65 or While § 1.2105(c) does not prohibit financial analysts, or others who might § 1.2105(a)(2) or (c)(4) must take care to business discussions and negotiations become conduits for the communication ensure that any report of a prohibited among auction applicants that are not of prohibited bidding information. For communication does not itself give rise auction related, each applicant must example, even though communicating to a violation of § 1.2105(c). For remain vigilant not to communicate, that it has applied to participate in this example, a party’s report of a prohibited directly or indirectly, information that auction will not violate the rule, an communication could violate the rule affects, or could affect, bids or bidding applicant’s statement to the press that it by communicating prohibited strategies. Certain discussions might intends to stop bidding in an auction information to other applicants through touch upon subject matters that could could give rise to a finding of a § 1.2105 the use of Commission filing procedures convey price or geographic information violation. Similarly, an FCC Form 175 that would allow such materials to be related to bidding strategies. Such applicant’s public statement of intent made available for public inspection. A subject areas include, but are not not to place bids during bidding in party seeking to report such a prohibited limited to, management, sales, local Auction 109 could also violate the rule. communication should consider marketing agreements, and other 40. Section 1.2105(c) Certification. By submitting its report with a request that transactional agreements. electronically submitting its FCC Form the report or portions of the submission 37. Communicating with Third 175, each applicant in Auction 109 be withheld from public inspection by Parties. Section 1.2105(c) does not certifies its compliance with following the procedures specified in 47 prohibit an applicant from §§ 1.2105(c) and 73.5002(d) of the rules. CFR 0.459. Such parties also are communicating bids or bidding However, the mere filing of a certifying encouraged to coordinate with the strategies to a third-party, such as a statement as part of an application will Auctions Division staff about the consultant or consulting firm, counsel, not outweigh specific evidence that a procedures for submitting such reports. or lender. The applicant should take prohibited communication has 44. Winning Bidders Must Disclose appropriate steps, however, to ensure occurred, nor will it preclude the Terms of Agreements. Each applicant that any third party it employs for initiation of an investigation when that is a winning bidder will be required advice pertaining to its bids or bidding warranted. Any applicant found to have to disclose in its long-form application strategies does not become a conduit for violated these communication the specific terms, conditions, and prohibited communications to other prohibitions may be subject to parties involved in any agreement specified parties, as that would violate sanctions. relating to the competitive bidding the rule. For example, an applicant 41. Duty to Report Prohibited process it has entered into. Such might require a third party, such as a Communications. Section 1.2105(c)(4) agreements must have been entered into lender, to sign a non-disclosure requires that any applicant that makes prior to the filing deadline for short- agreement before the applicant or receives a communication that form applications. This disclosure communicates any information appears to violate § 1.2105(c) must requirement applies to any bidding regarding bids or bidding strategy to the report such communication in writing consortia, joint venture, partnership, or third party. Within third-party firms, to the Commission immediately, and in agreement, understanding, or other separate individual employees, such as no case later than five business days arrangement entered into relating to the attorneys or auction consultants, may after the communication occurs. Each competitive bidding process, including advise individual applicants on bids or applicant’s obligation to report any such any agreement relating to the post- bidding strategies, so long as such firms communication continues beyond the auction market structure. Failure to implement firewalls and other five-day period after the communication comply with the Commission’s rules compliance procedures that prevent is made, even if the report is not made can result in enforcement action. such individuals from communicating within the five-day period. 45. Antitrust Laws. Regardless of the bids or bidding strategies of one 42. Procedures for Reporting compliance with the Commission’s applicant to other individuals Prohibited Communications. Section rules, applicants remain subject to the representing separate applicants. 1.2105(c) requires parties to file only a antitrust laws, which are designed to Although firewalls and/or other single report concerning a prohibited prevent anticompetitive behavior in the procedures should be used, their communication and to file that report marketplace. Compliance with the existence is not an absolute defense to with Commission personnel expressly disclosure requirements of § 1.2105(c) liability if a violation of the rule has charged with administering the will not insulate a party from occurred. Commission’s auctions. This rule is enforcement of the antitrust laws. To the 38. Applicants may discuss the short- designed to minimize the risk of extent the Commission becomes aware form application or bids for specific inadvertent dissemination of of specific allegations that suggest that permits with their counsel, consultant, information in such reports. Any reports violations of the Federal antitrust laws or expert of their choice before the required by § 1.2105(c) must be filed may have occurred, the Commission short-form application deadline. consistent with the instructions set forth may refer such allegations to the United Furthermore, the same third-party in the Auction 109 Procedures Public States Department of Justice for individual could continue to give advice Notice. For Auction 109, such reports investigation. If an applicant is found to to multiple applicants regarding their must be filed with the Chief of the have violated the antitrust laws or the applications after the short-form Auctions Division, OEA, by the most Commission’s rules in connection with application deadline, provided that no expeditious means available. Any such its participation in the competitive information pertaining to bids or report should be submitted by email to bidding process, it may be subject to bidding strategies is conveyed to that the Auctions Division Chief at the forfeiture of its upfront payment, down

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20299

payment, or full bid amount, and may receive either the 25% or the 35% asset value of the applicant, even if such be prohibited from participating in bidding credit, but not both. an interest is non-voting. future auctions, among other sanctions. 50. The interests of the applicant, and 54. Generally, media interests will be 46. New Entrant Bidding Credits. To of any individuals or entities with an attributable for purposes of the New promote the objectives of section 309(j) attributable interest in the applicant, in Entrant Bidding Credit to the same of the Act and further its long-standing other media of mass communications extent that such other media interests commitment to the diversification of are considered when determining an are considered attributable for purposes broadcast facility ownership, the applicant’s eligibility for the New of the broadcast multiple ownership Commission provides a tiered new Entrant Bidding Credit. Attributable rules. However, attributable interests entrant bidding credit for broadcast interests are defined in 47 CFR 73.3555 held by a winning bidder in existing auction applicants with no, or very few, and note 2 of that section. In Auction low power television, television other media interests. 109, the bidder’s attributable interests, translator or FM translator facilities will 47. The Auction 109 Procedures and thus, its maximum new entrant not be counted among the applicant’s Public Notice explains why OEA and bidding credit eligibility, are other mass media interests in MB are unable to establish for Auction determined as of the short-form determining its eligibility for a New 109 a bidding credit for a party that had application filing deadline. An Entrant Bidding Credit. A medium of successfully petitioned for a vacant FM applicant intending to divest a media mass communications is defined in 47 channel to be added to the FM Table of interest or make any other ownership CFR 73.5008(b). Full service Allotments, as suggested by a change, such as resignation of positional noncommercial educational stations, on commenter. interests (officer or director) in order to both reserved and non-reserved 48. Applicants that qualify for the avoid attribution for purposes of channels, are included among media of new entrant bidding credit are eligible qualifying for the New Entrant Bidding mass communications as defined in for a bidding credit in this auction that Credit, must have consummated such § 73.5008(b). represents the amount by which a divestment transactions or have 55. Application Requirements. If an bidder’s winning bid is discounted. The completed such ownership changes by applicant claims eligibility for a bidding size of a new entrant bidding credit no later than the FCC Form 175 filing credit, the information provided in its depends on the number of ownership FCC Form 175 will be used to determine deadline. However, events occurring interests in other media of mass whether the applicant is eligible for the after the short-form application filing communications that are attributable to claimed bidding credit. In addition to deadline, such as the acquisition of the bidder-entity and its attributable the ownership information required attributable interests in media of mass interest-holders. A 35% bidding credit pursuant to §§ 1.2105 and 1.2112, communications, may cause will be given to a winning bidder if it, applicants seeking a New Entrant diminishment or loss of the bidding and/or any individual or entity with an Bidding Credit are required to establish credit and, must be reported attributable interest in the winning on their short-form applications that immediately. bidder, has no attributable interest in they satisfy the eligibility requirements any other media of mass 51. Under broadcast attribution rules, to qualify for the bidding credit. In those communications, as defined in 47 CFR those entities or individuals with an cases, a certification under penalty of 73.5008. A 25% bidding credit will be attributable interest in a bidder include: perjury must be provided in completing given to a winning bidder if it, and/or (1) All officers and directors of a the short-form application. An applicant any individual or entity with an corporate bidder; (2) any owner of 5% claiming that it qualifies for a 35% New attributable interest in the winning or more of the voting stock of a Entrant Bidding Credit must certify that bidder, has an attributable interest in no corporate bidder; (3) all general partners neither it nor any of its attributable more than three mass media facilities, as and limited partners of a partnership interest holders has any attributable defined in 47 CFR 73.5008. No bidding bidder, unless the limited partners are interests in any other media of mass credit will be given if any of the sufficiently insulated; and (4) all communications. An applicant claiming commonly owned mass media facilities members of a limited liability company, that it qualifies for a 25% New Entrant serve the same area as the broadcast unless sufficiently insulated. Bidding Credit must certify that neither permit proposed in the auction, as 52. In cases where an applicant’s it nor any of its attributable interest defined in 47 CFR 73.5007(b), or if the spouse or close family member holds holders has any attributable interests in winning bidder, and/or any individual other media interests, such interests are more than three media of mass or entity with an attributable interest in not automatically attributable to the communications, and must identify and the winning bidder, has attributable bidder. The Commission decides describe such media of mass interests in more than three mass media attribution issues in this context based communications. facilities. For purposes of determining on certain factors traditionally 56. Unjust Enrichment. Unjust whether a broadcast permit offered in considered relevant. enrichment provisions apply to a this auction is in the same area as an 53. The eligibility standards for the winning bidder that utilizes a bidding applicant’s existing mass media New Entrant Bidding Credit include credit and subsequently seeks to assign facilities, the coverage area of the to-be- attribution of the media interests held or transfer control of its license or auctioned facility is calculated using by very substantial investors in, or construction permit to an entity not maximum class facilities at the AM creditors of, an applicant claiming new qualifying for the same level of bidding construction permit coordinates or the entrant status. Specifically, the credit. FM allotment reference coordinates attributable mass media interests held 57. Former and Current Defaulters. specified in Attachment A to the by an individual or entity with an Pursuant to the rules governing Auction 109 Procedures Public Notice, equity and/or debt interest in an competitive bidding, each applicant not, based on any applicant-specified applicant shall be attributed to that must make certifications regarding preferred site coordinates for FM bidder for purposes of determining its whether it is a current or former allotments. eligibility for the New Entrant Bidding defaulter or delinquent. A current 49. Bidding credits are not Credit, if the equity and debt interests, defaulter or delinquent is not eligible to cumulative; qualifying applicants in the aggregate, exceed 33% of the total participate in Auction 109. Accordingly,

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20300 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

each applicant must certify under Commission’s adoption of the red light stations. For this reason, each penalty of perjury on its FCC Form 175 rule does not alter the applicability of prospective applicant in this auction that, as of the filing deadline, the any of its competitive bidding rules, should consider carefully whether it applicant, any of its affiliates, any of its including the provisions and wishes to propose NCE operation for controlling interests, and any of the certifications of §§ 1.2105 and 1.2106, any AM or FM station acquired in this affiliates of its controlling interests are with regard to current and former auction. This NCE election cannot be not in default on any payment for a defaults or delinquencies. reversed after the initial application Commission construction permit or 61. The Commission’s Red Light filing deadline. license (including down payments), and Display System, which provides 64. Only Minor Modifications to FCC that they are not delinquent on any non- information regarding debts currently Form 175 Allowed. After the initial tax debt owed to any Federal agency. owed to the Commission, may not be application filing deadline, an applicant 58. An applicant is considered a determinative of an auction applicant’s will be permitted to make only minor former defaulter or a former delinquent ability to comply with the default and modifications to its short-form when it or any of its controlling delinquency disclosure requirements of application. Examples of minor changes interests has defaulted on any § 1.2105. Thus, while the red light rule include the deletion or addition of Commission construction permit or ultimately may prevent the processing authorized bidders (to a maximum of license or has been delinquent on any of long-form applications by auction three), revision of addresses and non-tax debt owed to any Federal winners, an auction applicant’s lack of telephone numbers of the applicant, its agency, but has since remedied all such current red light status is not necessarily responsible party, and its contact defaults and cured all of the outstanding determinative of its eligibility to person, or change in the applicant’s non-tax delinquencies, as of the FCC participate in an auction (or whether it selected bidding option (electronic or Form 175 filing deadline. A former may be subject to an increased upfront telephonic). A major modification to an defaulter or delinquent who has payment obligation). Moreover, any FCC Form 175 (e.g., change of remedied all such defaults and cured all long-form applications filed after the construction permit selection, change in of the outstanding non-tax close of bidding will be reviewed for the required certifications, change in delinquencies prior to the FCC Form compliance with the Commission’s red control of the applicant such as any 175 filing deadline in this auction may light rule, and such review may result change in ownership or control that participate so long as it is otherwise in the dismissal of a winning bidder’s would constitute an assignment or qualified, if the applicant makes an long-form application. Each applicant transfer of control of the applicant) will upfront payment that is 50% more than should carefully review all records and not be permitted after the initial FCC would otherwise be required. For this other available Federal agency databases Form 175 filing deadline. If an applicant reason, an applicant must certify under and information sources to determine makes a major amendment, as defined penalty of perjury whether it (along whether the applicant, or any of its by § 1.2105(b)(2), the major amendment with any of its controlling interests) has affiliates, or any of its controlling may result in the disqualification of the ever been in default on any payment for interests, or any of the affiliates of its applicant from participating in bidding. a Commission construction permit or controlling interests, currently owes or Questions about FCC Form 175 license (including a down payment) or was ever delinquent in the payment of amendments should be directed to the has ever been delinquent on any non-tax non-tax debt owed to any Federal Auctions Division at (202) 418–0660. debt owed to any Federal agency, agency. 65. Duty to Maintain Accuracy and subject to the exclusions described in 47 62. Optional Applicant Status Completeness of FCC Form 175. Each CFR 1.2105(a)(2)(xii). Identification. An applicant owned by applicant has a continuing obligation to 59. Applicants should review members of minority groups and/or maintain the accuracy and completeness previous guidance provided on default women, as defined in § 1.2110(c)(3), or of information furnished in its pending and delinquency disclosure that is a rural telephone company, as application in a competitive bidding requirements in the context of the defined in § 1.2110(c)(4), may identify proceeding. An auction applicant must auction short-form application process. itself as such in filling out its FCC Form furnish additional or corrected Applicants also may consult with 175. This applicant status information is information to the Commission within Auctions Division staff if they have optional and collected for statistical five days after a significant occurrence, questions about delinquency or default purposes only because it assists the or amend its FCC Form 175 no more disclosure requirements. Commission in monitoring the than five days after the applicant 60. The Commission considers participation of various groups in its becomes aware of the need for the outstanding debts owed to the United auctions. amendment. In accordance with the States Government, in any amount, to be 63. Noncommercial Educational Commission’s rules, an applicant’s a serious matter. The Commission Status Election. If an FCC Form 175 obligation to make modifications to a adopted rules, including a provision filed during the Auction 109 filing pending auction application in order to referred to as the red light rule, that window identifying the application’s provide additional or corrected implement its obligations under the proposed station as noncommercial information continues beyond the five- Debt Collection Improvement Act of educational (NCE) is mutually exclusive day period, even if the report is not 1996, which governs the collection of with any application filed during that made within the five-day period. An debts owed to the United States. Under window for a commercial station, the applicant is obligated to amend its the red light rule, applications and other NCE application will be returned as pending application even if a reported requests for benefits filed by parties that unacceptable for filing and the applicant change is considered to be a major have outstanding debts owed to the will not be provided with any further modification that may result in the Commission will not be processed. opportunity to become eligible to bid in dismissal of its application. When adopting that rule, the this auction. Short-form applications 66. Modifying an FCC Form 175. Commission explicitly declared, that do not identify the facilities During the initial filing window, an however, that its competitive bidding proposed in the FCC Form 175 as NCE applicant will be able to make any rules are not affected by the red light will be considered, as a matter of law, necessary modifications to its FCC Form rule. As a consequence, the applications for commercial broadcast 175 in the Auction Application System.

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20301

An applicant that has certified and applicable technical and legal to which such matters may affect their submitted its FCC Form 175 before the requirements. For example, potential ability to bid on, otherwise acquire, or close of the initial filing window may applicants should note the short-spacing make use of the construction permits continue to make modifications as often restrictions for FM allotment MM– available in Auction 109. Each potential as necessary until the close of that FM1192–B, Channel 300B, at bidder is responsible for undertaking window; however, the applicant must Sacramento, California. Each applicant research to ensure that any permits won re-certify and re-submit its FCC Form should inspect any prospective in this auction will be suitable for its 175 before the close of the initial filing transmitter sites located in, or near, the business plans and needs. Each window to confirm and effect its latest service area for which it plans to bid, to potential bidder must undertake its own application changes. After each confirm the availability of such sites, assessment of the relevance and submission, a confirmation page will be and to familiarize itself with the importance of information gathered as displayed stating the submission time Commission’s rules regarding any part of its due diligence efforts. and submission date. Additional applicable Federal, state, and local 73. The Commission makes no information on the procedures for requirements. representations or guarantees regarding modifying an FCC Form 175 appear in 70. The Media Bureau has protected the accuracy or completeness of Attachment B to the Auction 109 the parameters of the four previously- information in its databases or any Procedures Public Notice. licensed AM stations that were on the third-party databases, including, for 67. As with filing the FCC Form 175, relevant frequencies in the St. Louis example, court docketing systems. To any amendment(s) to the application area. Because protections only extend to the extent the Commission’s databases and related statements of fact must be those previously licensed station may not include all information deemed certified by an authorized representative parameters, the winning bidders will be necessary or desirable by an applicant, of the applicant with authority to bind limited in their opportunities to modify it must obtain or verify such the applicant. Submission of any such these AM construction permits. For information from independent sources amendment or related statement of fact example, to the extent that any of these or assume the risk of any constitutes a representation by the four previously licensed stations had incompleteness or inaccuracy in said person certifying that he or she is an contour overlap with nearby stations in databases. Furthermore, the authorized representative with such violation of § 73.37 or § 73.187 of the Commission makes no representations authority and that the contents of the rules, the winning bidder for that AM or guarantees regarding the accuracy or amendment or statement of fact are true construction permit will be limited to completeness of information that has and correct. the parameters of the previously been provided by incumbent licensees licensed station on that frequency, and and incorporated into its databases. III. Preparing for Bidding in Auction will not be permitted to make such 74. Bidder Education—Online 109 overlap worse. Furthermore, to the Tutorial on Auction Process. An 68. Due Diligence. Each potential extent that any of the four previously educational auction tutorial is available bidder is solely responsible for licensed AM stations exceeded the root- on the Auction 109 web page. This investigating and evaluating all sum-square (RSS) contribution limits in online tutorial provides information technical and marketplace factors that § 73.182 of the rules, a winning bidder about pre-auction procedures, the FCC may have a bearing on the value of the will be limited to the nighttime RSS auction application system, completing construction permit(s) it is seeking in contributions of the previously-licensed short-form applications, auction this auction. The FCC makes no St. Louis area AM station. Generally, a conduct, the FCC auction bidding representations or warranties about the winning bidder may avail itself of any system, auction rules, and broadcast use of this spectrum or these grandfathered situation involving the services rules. The online auction construction permits for particular relevant previously licensed St. Louis tutorial is accessible on the Education services. Applicants should be aware area AM station. tab of the Auction 109 website at that an FCC auction represents an 71. Each applicant should continue to www.fcc.gov/auction/109. This tutorial opportunity to become an FCC conduct its own research throughout will remain available and accessible permittee in a broadcast service, subject Auction 109 in order to determine the anytime for reference in connection to certain conditions and regulations. existence of pending or future with the procedures outlined in the This includes the established authority administrative or judicial proceedings Auction 109 Procedures Public Notice. of the Commission to alter the terms of that might affect its decision to continue 75. Short-Form Application Filing existing licenses by rulemaking, which participating in the auction. Each Deadline. In order to be eligible to bid is equally applicable to licenses Auction 109 applicant is responsible for in Auction 109, in addition to other awarded by auction. An FCC auction assessing the likelihood of the various requirements, an applicant must first does not constitute an endorsement by possible outcomes and for considering follow the procedures to submit a short- the FCC of any particular service, the potential impact on construction form application (FCC Form 175) for the technology, or product, nor does an FCC permits available in this auction. The relevant auction electronically via the construction permit or license constitute due diligence considerations mentioned FCC Auction Application System, a guarantee of business success. in the Auction 109 Procedures Public following the instructions set forth in 69. An applicant should perform its Notice do not comprise an exhaustive Attachment B to the Auction 109 due diligence research and analysis list of steps that should be undertaken Procedures Public Notice. The short- before proceeding, as it would with any prior to participating in this auction. As form application will become available new business venture. In particular, always, the burden is on the potential with the opening of the initial filing each potential bidder should perform bidder to determine how much research window and must be submitted prior to technical analyses and/or refresh its to undertake, depending upon specific 6:00 p.m. ET on May 11, 2021. Late previous analyses to assure itself that, facts and circumstances related to its applications will not be accepted. No should it become a winning bidder for interests. filing fee is required to be paid at the any Auction 109 construction permit, it 72. Applicants are solely responsible time of filing a short-form application. will be able to build and operate for identifying associated risks and for 76. Applications may be filed at any facilities that will fully comply with all investigating and evaluating the degree time beginning at noon ET on April 28,

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20302 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

2021, until the filing window closes at corrected any identified deficiencies) transfer information is specified in the 6:00 p.m. ET on May 11, 2021. and make a timely and sufficient Making Upfront Payments by Wire Applicants are strongly encouraged to upfront payment. Qualified bidders will Transfer section of the Auction 109 file early and are responsible for be identified by public notice at least 10 Procedures Public Notice. allowing adequate time to file their days prior to the mock auction. 84. Each applicant is responsible for applications. There are no limits or 79. After the application filing ensuring timely submission of its restrictions on the number of times an deadline on May 11, 2021, applicants upfront payment and for timely filing of application can be updated or amended can make only minor corrections or an accurate and complete Form 159. To until the initial filing deadline on May updates to their applications. They will avoid untimely payments, an applicant 11, 2021. not be permitted to make major should discuss arrangements and 77. An applicant must always click on modifications. deadlines with its financial institution the CERTIFY & SUBMIT button on the 80. Commission staff will (including that financial institution’s Certify & Submit screen to successfully communicate only with an applicant’s specific wire transfer requirements) submit its FCC Form 175 and any contact person or certifying official, as several days before they plan to make modifications; otherwise the application designated on the short-form the wire transfer, and well ahead of the or changes to the application will not be application, unless the applicant’s due date, as well as allowing sufficient received or reviewed by Commission certifying official or contact time for the wire transfer to be initiated staff. Additional information about representative notifies the Commission and completed prior to the deadline. accessing, completing, and viewing the in writing that applicant’s counsel or The Commission repeatedly has FCC Form 175 is included in other representative is authorized to cautioned auction participants about the Attachment B to the Auction 109 speak on behalf of the applicant. importance of planning ahead to Procedures Public Notice. Applicants Authorizations may be sent by email to prepare for unforeseen last-minute requiring technical assistance should [email protected]. difficulties in making payments by wire contact FCC Auctions Technical 81. Public Notice of Final Application transfer. Each applicant is responsible Support at (877) 480–3201, option nine; Status After Upfront Payment Deadline. for obtaining confirmation from its (202) 4141250; or (202) 414–1255 (text After Commission staff review financial institution that its wire telephony (TTY)). Hours of service are resubmitted applications for Auction transfer to the U.S. Treasury was Monday through Friday, from 8:00 a.m. 109 and evaluate upfront payment successful and from Commission staff to 6:00 p.m. ET. In order to provide submissions, Commission staff will that its upfront payment was timely better service to the public, all calls to release a public notice identifying received and that it was deposited into Technical Support are recorded. applicants that have become qualified the proper account. As a regulatory 78. Correction of Application bidders. A public notice announcing requirement, the U.S. Treasury screens Deficiencies by Minor Modifications. qualified bidders will be issued before all payments from all financial After the deadline for filing auction bidding in the auction begins. Qualified institutions before deposits are made applications, Commission staff will bidders are those applicants with available to specified accounts. If wires review all timely submitted applications submitted FCC Forms 175 that are are suspended, the U.S. Treasury may for Auction 109 to determine whether deemed timely filed and complete, and direct questions regarding any transfer each applicant has complied with the which have made a timely and to the financial institution initiating the application requirements and whether it sufficient upfront payment (as described wire. Each applicant must take care to has provided all required information below). assure that any questions directed to its concerning its qualifications for 82. Upfront Payments. In order to be financial institution(s) are addressed bidding. After this review is completed, eligible to bid in this auction, a promptly. To receive confirmation from OEA and MB will issue a public notice sufficient upfront payment and a Commission staff requesting receipt and announcing applicants’ initial complete and accurate FCC Remittance deposit of wire transfers, contact Scott application status by identifying (1) Advice Form (FCC Form 159, February Radcliffe of the Office of Managing those that are complete; (2) those that 2003 edition) must be submitted before Director’s Revenue & Receivables are rejected; and (3) those that are 6:00 p.m. ET on June 16, 2021, Operations Group/Auctions at (202) incomplete or deficient because of following the procedures outlined 418–7518, or Theresa Meeks at (202) minor defects that may be corrected. below and the instructions in 418–2945. This public notice also will establish an Attachment C to the Auction 109 85. Failure to deliver a sufficient application resubmission filing window, Procedures Public Notice. After upfront payment as instructed in the during which an applicant may make completing its short-form application, Auction 109 Procedures Public Notice permissible minor modifications to its an applicant will have access to an by the 6:00 p.m. deadline on June 16, application to address identified electronic version of the FCC Form 159. 2021, will result in dismissal of the deficiencies. The public notice will This FCC Form 159 can be printed and short-form application and include the deadline for resubmitting the completed form must be sent by fax disqualification from participation in corrected applications, and a paper copy to the FCC at (202) 418–2843, or by the auction. will be sent by overnight delivery to the email to [email protected]. 86. Completing and Submitting FCC contact address listed in the FCC Form 83. Making Upfront Payments by Wire Form 159. An accurate and complete 175 for each applicant. In addition, each Transfer. All upfront payments must be FCC Form 159 (February 2003 edition) applicant with an incomplete made by wire transfer. No other must be sent to the FCC to accompany application will be sent information on payment method is acceptable. All each upfront payment. At least one hour the nature of the deficiencies in its payments must be made in U.S. dollars. before placing the order for the wire application, along with the name and Upfront payments for Auction 109 go to transfer (but on the same business day), phone number of a Commission staff a U.S. Treasury account number specific applicants must fax a completed Form member who can answer questions to Auction 109 and different from the 159 to the FCC at (202) 418–2843. specific to the application. To become a accounts used in previous FCC auctions. Alternatively, the completed form can qualified bidder, an applicant must have Do not use a beneficiary account be scanned and sent as an attachment to a complete application (i.e., have timely number from a previous auction. Wire an email to [email protected].

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20303

On the fax cover sheet, write: Wire on or hold provisionally winning bids respond to a request for replacement Transfer—Auction Payment for Auction on) in any single round, and submit an registration materials from anyone other 109. upfront payment amount covering that than the authorized bidder, contact 87. Upfront Payments and Bidding number of bidding units. In order to person, or certifying official listed on Eligibility. OEA and MB adopted the make this calculation, an applicant the applicant’s FCC Form 175. Receipt upfront payment amount proposed for should add together the bidding units of this registration mailing is critical to each construction permit in Attachment for all construction permits on which it participating in the auction, and each A of the Auction 109 Comment Public seeks to be active in any given round. qualified bidder is responsible for Notice, except that the upfront payment Applicants should check their ensuring it has received all of the amount for Allotment MM–FM1237–C1, calculations carefully, as there is no registration materials. Big Lake, Texas is reduced because the provision for increasing a bidder’s 94. In the event that SecurID® tokens minimum opening bid for that permit eligibility after the upfront payment are lost or damaged, only a person who should be lower than the amount deadline. has been designated as an authorized initially proposed, as discussed below. 91. An applicant that is a former bidder, the contact person, or the The specific upfront payment amounts defaulter, as described above, must pay certifying official on the applicant’s and bidding units for each construction an upfront payment 50% greater than short-form application may request permit in Auction 109 are specified in that required of an applicant that is not replacements. To request replacement of Attachment A to the Auction 109 a former defaulter. For purposes of this these items, call the Auction Bidder Procedures Public Notice. rule, defaults and delinquencies of the Line at the telephone number provided 88. An applicant must make an applicant itself and its controlling in the registration materials or the upfront payment sufficient to obtain interests are included. If an applicant is Auctions Hotline at (717) 338–2868. bidding eligibility on the construction a former defaulter, it must calculate its 95. The SecurID® tokens can be permits on which it will bid. OEA and upfront payment for all of its selected recycled, and bidders should return the MB proposed in the Auction 109 construction permits by multiplying the tokens to the FCC. Pre-addressed Comment Public Notice that the amount number of bidding units on which it envelopes will be provided to return the of the upfront payment would wishes to be active (bid on or hold tokens once bidding in the auction has determine a bidder’s initial bidding provisionally winning bids on) during a ended. eligibility, the maximum number of given round by 1.5. In order to calculate 96. Remote Electronic Bidding via the bidding units on which a bidder may the number of bidding units to assign to FCC Auction Bidding System. The place bids in any single round. Under former defaulters, the Commission will Commission will conduct this auction that proposal, in order to bid on a divide the upfront payment received by over the internet, and telephonic particular construction permit, a 1.5 and round the result up to the bidding will be available as well. Only qualified bidder must have selected the nearest bidding unit. If an applicant qualified bidders are permitted to bid. construction permit on its FCC Form fails to submit a sufficient upfront Each applicant should indicate its 175 and must have a current eligibility payment to establish eligibility to bid on bidding preference—electronic or level that meets or exceeds the number at least one of the construction permits telephonic—on its FCC Form 175. In of bidding units assigned to that selected on its FCC Form 175, the either case, each authorized bidder must construction permit. At a minimum, applicant will not be eligible to have its own SecurID® token, which the therefore, an applicant’s total upfront participate in bidding in the auction. Commission will provide at no charge. payment must be enough to establish This applicant will retain its status as an Each qualified bidder will be issued eligibility to bid on at least one of the applicant in Auction 109 and will three SecurID® tokens. For security construction permits selected on its FCC remain subject to 47 CFR 1.2105(c), purposes, the SecurID® tokens, bidding Form 175, or else the applicant will not 73.5002(d). system web address, FCC assigned be qualified to participate in the 92. Auction Registration. All qualified username, and the telephonic bidding auction. An applicant does not have to bidders for Auction 109 are telephone number are only mailed to make an upfront payment to cover all automatically registered for the auction. the contact person at the contact address construction permits the applicant Registration materials will be listed on the FCC Form 175. Each selected on its FCC Form 175, but only distributed prior to the auction by SecurID® token is tailored to a specific enough to cover the maximum number overnight mail. The mailing will be sent auction. SecurID® tokens issued for of bidding units that are associated with only to the contact person at the contact other auctions or obtained from a source construction permits on which they address listed in the FCC Form 175 and other than the FCC will not work for wish to place bids and hold will include the SecurID® tokens that Auction 109. provisionally winning bids in any given will be required to place bids, the web 97. The Commission makes no round. The total upfront payment does address and instructions for accessing warranties whatsoever, and shall not be not affect the total dollar amount the and logging in to the auction bidding deemed to have made any warranties, bidder may bid on any given system, FCC assigned username (User with respect to the FCC Auction construction permit. ID) for each authorized bidder, and the Application System and the auction 89. OEA and MB received no Auction Bidder Line phone number. bidding system, including any implied comments on the proposal that the 93. Qualified bidders that do not warranties of merchantability or fitness upfront payment amount would receive this registration mailing will not for a particular purpose. In no event determine a bidder’s initial eligibility. be able to submit bids. Therefore, if this shall the Commission, or any of its Therefore, OEA and MB adopted this mailing is not received by the contact officers, employees, or agents, be liable proposal. Each applicant’s upfront representative for a qualified bidder by for any damages whatsoever (including, payment amount will determine that noon on Tuesday, July 20, 2021, call the but not limited to, loss of business bidder’s initial bidding eligibility. Auctions Hotline at (717) 338–2868. In profits, business interruption, loss of 90. In calculating its upfront payment no event, however, will the FCC send use, loss of revenue, loss of business amount, an applicant should determine auction registration materials to anyone information, or any other loss) arising the maximum number of bidding units other than the contact person listed on out of or relating to the existence, on which it may wish to be active (bid the applicant’s FCC Form 175 or furnishing, functioning, or use of the

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20304 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

FCC Auction Application System or the environmental rules require, among 104. FCC Auction Bidding System. All FCC auction bidding systems that are other things, that the permittee or bidding will take place remotely either accessible to qualified bidders in licensee consult with expert agencies over the internet through the FCC connection with this auction. Moreover, having environmental responsibilities, auction bidding system or by telephone no obligation or liability will arise out including the U.S. Fish and Wildlife using the telephonic bidding option. of the Commission’s technical, Service, the State Historic Preservation Please note that telephonic bid programming, or other advice or service Office, the U.S. Army Corps of assistants are required to use a script provided in connection with the FCC Engineers, and the Federal Emergency when entering bids placed by telephone. auction systems. Management Agency (through the local Telephonic bidders are therefore 98. To the extent an issue arises with authority with jurisdiction over reminded to allow sufficient time to bid the auction bidding system itself, the floodplains). In assessing the effect of by placing their calls well in advance of Commission will take all appropriate facility construction on historic the close of a round. The length of a call measures to resolve such issues quickly properties, the permittee or licensee to place a telephonic bid may vary; and equitably. Should an issue arise that must follow the provisions of the FCC’s please allow a minimum of ten minutes. is outside the auction bidding system or Nationwide Programmatic Agreement All telephone calls are recorded. attributable to a bidder, including, but Regarding the Section 106 National 105. An Auction 109 bidder’s ability not limited to, a bidder’s hardware, Historic Preservation Act Review to bid on specific construction permits software, or internet access problem that Process. The permittee or licensee must is determined by two factors: (1) The prevents the bidder from submitting a prepare environmental assessments for construction permits selected by that bid prior to the end of a round, the any facility that may have a significant applicant in its FCC Form 175 and (2) Commission shall have no obligation to impact in or on wilderness areas, the bidder’s bidding eligibility resolve or remedy such an issue on wildlife preserves, threatened or measured in bidding units. The FCC behalf of the bidder. Similarly, if an endangered species, or designated auction bidding system will allow issue arises due to bidder error using the critical habitats, historical or bidders to submit bids on only those auction bidding system, the archaeological sites, Indian religious construction permits the bidder selected Commission shall have no obligation to sites, floodplains, and surface features. on its FCC Form 175. resolve or remedy such an issue on In addition, the permittee or licensee 106. In order to access the bidding behalf of the bidder. Accordingly, after must prepare environmental function of the FCC auction bidding the close of a bidding round, the results assessments for facilities that include system, bidders must be logged in of bid processing will not be altered during a bidding round using the high intensity white lights in residential ® absent evidence of any failure in the neighborhoods or excessive radio passcode generated by the SecurID auction bidding system. frequency emission. token and a personal identification 99. Mock Auction. All qualified number (PIN) created by the bidder. bidders will be eligible to participate in IV. Bidding Bidders are strongly encouraged to print a mock auction on Friday, July 23, 2021. a round summary for each round after The mock auction will enable bidders to 102. The first round of bidding for they have completed all of their activity become familiar with the FCC auction Auction 109 will begin on Tuesday, July for that round. bidding system prior to the auction. All 27, 2021. Unless otherwise announced, 107. Round Structure. The initial bidders should participate in the mock bidding on all construction permits will schedule of bidding rounds will be auction. Details will be announced by be conducted on each business day until announced in the public notice listing public notice. bidding has stopped on all construction the qualified bidders in the auction. 100. Fraud Alert. As is the case with permits. The initial bidding schedule Each bidding round is followed by the many business investment will be announced in a public notice release of round results. Multiple opportunities, some unscrupulous listing the qualified bidders, which is bidding rounds may be conducted each entrepreneurs may attempt to use released at least one week before the day. Auction 109 to deceive and defraud start of bidding in the auction. 108. In the Auction 109 Comment unsuspecting investors. Information A. Auction Structure Public Notice, OEA and MB proposed to about deceptive telemarketing retain the discretion to change the investment schemes is available from 103. Simultaneous Multiple Round bidding schedule in order to foster an the FCC as well as the Federal Trade Auction. In the Auction 109 Comment auction pace that reasonably balances Commission (FTC), Securities and Public Notice, OEA and MB proposed to speed with the bidders’ need to study Exchange Commission (SEC) and the auction all construction permits listed round results and adjust their bidding National Fraud Information Center. in Attachment A of this Auction 109 strategies. OEA and MB received no Additional sources of information for Procedures Public Notice in a single comment on these proposals and potential bidders and investors are auction using the Commission’s adopted them for Auction 109. OEA and described in the Auction 109 Procedures standard simultaneous multiple-round MB may change the amount of time for Public Notice. auction format. This type of auction the bidding rounds, the amount of time 101. Environmental Review offers every construction permit for bid between rounds, or the number of Requirements. Permittees or licensees at the same time and consists of rounds per day, depending upon must comply with the Commission’s successive bidding rounds in which bidding activity and other factors, by rules for environmental review under qualified bidders may place bids on prior announcement. the National Environmental Policy Act, individual construction permits. OEA 109. Eligibility and Activity Rules. In the National Historic Preservation Act, and MB received no comment on this Auction 109, upfront payments will be and other Federal environmental proposal, and this proposal was used to determine initial (maximum) statutes. The construction of a broadcast adopted. Unless otherwise announced, bidding eligibility (as measured in facility is a Federal action, and the bids will be accepted on all construction bidding units) for Auction 109. The permittee or licensee must comply with permits in each round of the auction amount of the upfront payment the Commission’s environmental rules until bidding stops on every submitted by a bidder determines initial for each such facility. These construction permit. bidding eligibility, the maximum

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20305

number of bidding units on which a that proposed in the Auction 109 bids, the number of new bids, and the bidder may be active (bid or hold Comment Public Notice, OEA and MB increase in revenue. provisionally winning bids) in a given adopted a more flexible activity 117. The auction will start in Stage round. Each construction permit is requirement in the Auction 109 One. Prior to moving from Stage One to assigned a specific number of bidding Procedures Public Notice. Accordingly, Stage Two or to any subsequent stages, units as listed in Attachment A to the OEA and MB initially adopt two activity OEA and MB will alert bidders by Auction 109 Procedures Public Notice. requirements: An 80% requirement for announcement in the bidding system. Bidding units assigned to each the beginning of the auction and a 95% Because activity requirements increase construction permit do not change as requirement that will be used later in in Stage Two, bidders must carefully prices rise during the auction. Upfront the auction. These requirements will be check their activity during the first payments are not attributed to specific implemented using auction stages, as round following a stage transition to construction permits. Rather, a bidder described below. ensure that they are meeting the may place bids on any of the 113. Auction Stages. OEA and MB increased activity requirement. In past construction permits selected on its FCC will conduct the auction in at least two auctions, some bidders have Form 175 as long as the total number of stages as described below. Under this inadvertently lost bidding eligibility or bidding units associated with those approach, a bidder desiring to maintain used an activity rule waiver because construction permits does not exceed its current bidding eligibility will be they did not re-verify their activity at the bidder’s current eligibility. required to be active on construction stage transitions. Eligibility cannot be increased during permits representing at least 80% of its 118. OEA and MB have the discretion the auction; it can only remain the same current eligibility during each round of to further alter the activity requirements or decrease. Thus, in calculating its Stage One, and on at least 95% of its before and/or during the auction as upfront payment amount, an applicant current bidding eligibility in Stage Two. circumstances warrant. In addition to transitioning to Stage Two, OEA and must determine the maximum number 114. Stage One: During the first stage MB retain the discretion to change the of bidding units on which it may wish of the auction, a bidder desiring to activity requirements during the auction to bid or hold provisionally winning maintain its current bidding eligibility by other means, including adding an bids in any single round, and submit an will be required to be active on additional stage with a higher activity upfront payment amount covering that construction permits representing at requirement, not transitioning to Stage total number of bidding units. At a least 80% of its current bidding Two, and transitioning to Stage Two minimum, an applicant’s upfront eligibility in each bidding round. with an activity requirement that is payment must cover the bidding units Failure to maintain the required activity higher or lower than 95%. This for at least one of the construction level will result in the use of an activity determination will be based on a variety permits it selected on its short-form rule waiver or, if the bidder has no application. The total upfront payment of measures of auction activity, activity rule waivers remaining, a including, but not limited to, the does not affect the total dollar amount reduction in the bidder’s bidding a bidder may bid on any given number of new bids and the percentages eligibility in the next round. During of construction permits (as measured in construction permit. OEA and MB Stage One, reduced eligibility for the received no comments on the bidding bidding units) on which there are new next round will be calculated by eligibility proposals, and these bids. multiplying the bidder’s current round proposals are adopted. 119. Activity Rule Waivers. For 110. To ensure that an auction closes activity (the sum of bidding units of the Auction 109, OEA and MB adopted the within a reasonable period of time, an bidder’s provisionally winning bids and proposal to provide each bidder in the bids during the current round) by five- auction with three activity rule waivers, activity rule requires bidders to bid 5 actively throughout the auction, rather fourths ( ⁄4). which are principally a mechanism for than wait until late in the auction before 115. Stage Two: During the second a bidder to avoid the loss of bidding participating. Bidders are required to be stage of the auction, a bidder desiring to eligibility in the event that exigent active (bid or hold provisionally maintain its current bidding eligibility circumstances prevent it from bidding winning bids) on a specified percentage is required to be active on 95% of its in a particular round. of their current bidding eligibility current bidding eligibility. Failure to 120. Use of an activity rule waiver during each round of the auction. A maintain the required activity level will preserves the bidder’s eligibility despite bidder’s activity level in a round is the result in the use of an activity rule its activity in the current round being sum of the bidding units associated with waiver or, if the bidder has no activity below the required minimum activity construction permits covered by the rule waivers remaining, a reduction in level. An activity rule waiver applies to bidder’s new bids in the current round the bidder’s bidding eligibility in the an entire round of bidding and not to a and provisionally winning bids from the next round. During Stage Two, reduced particular construction permit. A bidder previous round. eligibility for the next round will be may use an activity rule waiver in any 111. The minimum required activity calculated by multiplying the bidder’s round of the auction as long as the is expressed as a percentage of the current round activity (the sum of bidder has not used all of its waivers. bidder’s current eligibility, and it bidding units of the bidder’s 121. The FCC auction bidding system increases by stage as the auction provisionally winning bids and bids will assume that a bidder that does not progresses. Failure to maintain the during the current round) by twenty- meet the activity requirement would requisite activity level will result in the nineteenths (20/19). prefer to use an activity rule waiver (if use of an activity rule waiver, if any 116. Stage Transitions. OEA and MB available) rather than lose bidding remain, or a reduction in the bidder’s intend to advance the auction from eligibility. Therefore, the system will eligibility, possibly curtailing or Stage One to Stage Two after automatically apply a waiver at the end eliminating the bidder’s ability to place considering a variety of measures of of any bidding round in which a additional bids in the auction. auction activity including, but not bidder’s activity level is below the 112. In response to a commenter’s limited to, the percentages of minimum required unless (1) the bidder suggestion that the auction should begin construction permits (as measured in has no activity rule waiver remaining, or with an activity requirement lower than bidding units) on which there are new (2) the bidder overrides the automatic

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20306 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

application of a waiver by reducing round in which no bidder applies a affects the fair and efficient conduct of eligibility, therefore meeting the activity waiver or places any new bid on any competitive bidding. In such cases, OEA requirement. If the bidder has no construction permit that already has a and MB, in their sole discretion, may waivers remaining and does not satisfy provisionally winning bid. Thus, absent elect to resume the auction starting from the required activity level, the bidder’s any other bidding activity, a bidder the beginning of the current round or current eligibility will be permanently placing a new bid on an FCC-held from some previous round, or cancel the reduced, possibly curtailing or construction permit (a construction auction in its entirety. This authority eliminating the ability to place permit that does not have a will be exercised solely at the discretion additional bids in the auction. provisionally winning bid) would not of OEA and MB, and not as a substitute 122. A bidder with insufficient keep the auction open under this for situations in which bidders may activity may wish to reduce its bidding modified stopping rule. wish to apply their activity rule waivers. eligibility rather than use an activity Option 3. The auction would close rule waiver. If so, the bidder must using a modified version of the B. Bidding Procedures affirmatively override the automatic simultaneous stopping rule that 128. Minimum Opening Bids and waiver mechanism during the bidding combines Option 1 and Option 2 above. Acceptable Bid Amounts. Consistent round by using the reduce eligibility Option 4. The auction would close with the mandate of section 309(j) of the function in the FCC auction bidding after a specified number of additional Act, the Commission directed OEA and system. In this case, the bidder’s rounds (special stopping rule) to be MB to seek comment on the use of a eligibility would be permanently announced in advance in the FCC minimum opening bid and/or reserve reduced to bring it into compliance with auction bidding system. If OEA and MB price prior to the start of each auction. the activity rule described above. invoke this special stopping rule, bids 129. In the Auction 109 Comment Reducing eligibility is an irreversible will be accepted in the specified final Public Notice, OEA and MB did not action once the round has closed, and round(s), after which the auction will propose to establish separate reserve a bidder cannot regain its lost bidding close. prices for the construction permits in eligibility. Option 5. The auction would remain Auction 109, and OEA and MB found 123. Finally, a bidder may apply an open even if no bidder places any new no basis for establishing any separate activity rule waiver proactively as a bid or applies a waiver. In this event, reserve price in the Auction 109 means to keep the auction open without the effect will be the same as if a bidder Procedures Public Notice. This is placing a bid. If a bidder proactively had applied a waiver. Thus, the activity consistent with policy applied in earlier applies an activity rule waiver (using rule will apply as usual, and a bidder broadcast spectrum auctions. OEA and the proactive waiver function in the FCC with insufficient activity will either lose MB, however, proposed to establish auction bidding system) during a bidding eligibility or use a waiver. minimum opening bids for each bidding round in which no bids are 126. OEA and MB proposed to construction permit in Auction 109, placed, the auction will remain open exercise these options only in certain reasoning that a minimum opening bid, and the bidder’s eligibility will be circumstances, for example, where the which has been used in other auctions, preserved. An automatic waiver applied auction is proceeding unusually slowly is an effective tool for accelerating the by the FCC auction bidding system in a or quickly, there is minimal overall competitive bidding process. The round in which there is no new bid or bidding activity, or it appears likely that bidding system will not accept bids a proactive waiver will not keep the the auction will not close within a lower than the minimum opening bids auction open. reasonable period of time or will close for each construction permit. Based on 124. Auction Stopping Rule. For prematurely. Before exercising these experience in past auctions, setting Auction 109, OEA and MB proposed to options, OEA and MB are likely to minimum opening bid amounts employ a simultaneous stopping rule attempt to change the pace of the judiciously is an effective tool for approach, which means all construction auction. For example, OEA and MB may accelerating the competitive bidding permits remain available for bidding adjust the pace of bidding by changing process. until bidding stops on every the number of bidding rounds per day 130. OEA and MB adopted the construction permit. Specifically, and/or the minimum acceptable bids. minimum opening bid amounts bidding will close on all construction OEA and MB proposed to retain the proposed in the Auction 109 Comment permits after the first round in which no discretion to exercise any of these Public Notice., except that the minimum bidder submits any new bid or applies options with or without prior opening bid for Allotment MM– a proactive waiver. announcement during the auction. OEA FM1237–C1, Big Lake, Texas is lowered 125. OEA and MB also sought and MB received one comment to $35,000 after further analysis in comment on alternative versions of the regarding stopping rule Option 2. The response to one commenter’s filing. The simultaneous stopping rule for Auction commenter cautioned against the use of specific minimum opening bid and 109: Option 2, but indicated that this option upfront payment amounts for each Option 1. The auction would close for should remain available. OEA and MB construction permit are set forth in all construction permits after the first adopted these approaches for Auction Attachment A to the Auction 109 round in which no bidder applies a 109. Procedures Public Notice. proactive waiver or places any new bid 127. Auction Delay, Suspension, or 131. In each round of Auction 109 a on any construction permit on which it Cancellation. By public notice or by qualified bidder will be able to place a is not the provisionally winning bidder. announcement through the FCC auction bid on a given construction permit in Thus, absent any other bidding activity, bidding system, OEA and MB may any of up to nine different amounts. The a bidder placing a new bid on a delay, suspend, or cancel bidding in the FCC auction bidding system interface construction permit for which it is the auction in the event of natural disaster, will list the nine acceptable bid provisionally winning bidder would not technical obstacle, network amounts for each construction permit. keep the auction open under this interruption, administrative or weather 132. In the Auction 109 Comment modified stopping rule. necessity, evidence of an auction Public Notice, to calculate the first of Option 2. The auction would close for security breach or unlawful bidding the acceptable bid amounts, OEA and all construction permits after the first activity, or for any other reason that MB proposed to use a minimum

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20307

acceptable bid increment percentage of amount is (minimum acceptable bid will determine a provisionally winning 10%. This means that the minimum amount) * (0.05), rounded. The first bid for each construction permit based acceptable bid amount for a additional acceptable bid amount equals on the highest bid amount received for construction permit will be (minimum acceptable bid amount) + that permit. A provisionally winning approximately 10% greater than the (additional increment amount); the bid will remain the provisionally provisionally winning bid amount for second additional acceptable bid winning bid until there is a higher bid the construction permit. To calculate amount equals (minimum acceptable on the same construction permit at the the eight additional acceptable bid bid amount) + (2 * (additional close of a subsequent round. amounts, OEA and MB proposed in the increment amount)); the third additional Provisionally winning bids at the end of Auction 109 Comment Public Notice to acceptable bid amount equals the auction become the winning bids. use an additional bid increment (minimum acceptable bid amount) + (3 138. OEA and MB will use a pseudo- percentage of 5%. The Commission did * (additional increment amount)); etc. random number generator to select a not receive any comments on these 135. OEA and MB proposed to retain single provisionally winning bid in the proposals to use 10% and 5% the discretion to change the minimum event of identical high bid amounts respectively in the calculation of nine acceptable bid amounts, the minimum being submitted on a construction acceptable bid amounts for each acceptable bid increment percentage, permit in a given round (i.e., tied bids). construction permit. Based on OEA and the additional bid increment percentage, Accordingly, the FCC auction bidding MB experience in previous broadcast and the number of acceptable bid system will assign a pseudo-random auctions, a minimum acceptable bid amounts if circumstances so dictate, number to each bid upon submission. increment percentage of 10% and an consistent with past practice. OEA and The tied bid with the highest pseudo- additional bid increment percentage of MB also proposed to retain the random number wins the tiebreaker and 5% are sufficient to ensure active discretion to do so on a construction becomes the provisionally winning bid. bidding. Therefore, OEA and MB will permit-by-construction permit basis. The remaining bidders, as well as the begin the auction with a minimum OEA and MB also proposed to retain the provisionally winning bidder, can acceptable bid increment percentage of discretion to limit (a) the amount by submit higher bids in subsequent 10% and an additional bid increment which a minimum acceptable bid for a rounds. However, if the auction were to percentage of 5%. construction permit may increase close with no other bids being placed, 133. In Auction 109, the minimum compared with the corresponding the winning bidder would be the one acceptable bid amount for a provisionally winning bid, and (b) the that placed the provisionally winning construction permit will be equal to its amount by which an additional bid bid. If the construction permit receives minimum opening bid amount until amount may increase compared with any bids in a subsequent round, the there is a provisionally winning bid for the immediately preceding acceptable provisionally winning bid again will be the construction permit. After there is a bid amount. For example, OEA and MB determined by the highest bid amount provisionally winning bid for a could set a $1,000 limit on increases in received for the construction permit. As construction permit, the minimum minimum acceptable bid amounts over a reminder, provisionally winning bids acceptable bid amount will be provisionally winning bids. Thus, if count toward activity for purposes of calculated by multiplying the calculating a minimum acceptable bid the activity rule. provisionally winning bid amount by using the minimum acceptable bid one plus the minimum acceptable bid increment percentage results in a 139. Bid Removal and Bid percentage—i.e., provisionally winning minimum acceptable bid amount that is Withdrawal. In the Auction 109 bid amount * 1.10, rounded. In $1,200 higher than the provisionally Comment Public Notice, OEA and MB accordance with the Commission’s winning bid on a construction permit, explained bid removal procedures in the standard rounding procedure for the minimum acceptable bid amount FCC auction bidding system. Each auctions, results of this calculation would instead be capped at $1,000 qualified bidder has the option of above $10,000 will be rounded to the above the provisionally winning bid. removing any bids placed in a round nearest $1,000; results below $10,000 136. The sole commenter to address provided that such bids are removed but above $1,000 will be rounded to the this issue expressed support for the before the close of that bidding round. nearest $100; and results below $1000 proposal to retain discretion to change By removing a bid within a round, a will be rounded to the nearest $10. the minimum acceptable bid amounts, bidder effectively unsubmits the bid. A 134. In Auction 109, the FCC auction yet suggested that OEA and MB should bidder removing a bid placed in the bidding system will calculate the eight not exercise this discretion until several same round is not subject to withdrawal additional bid amounts by multiplying bidding rounds have concluded when payments. Removing a bid will affect a the minimum acceptable bid amount by more price information is available. bidder’s activity because a removed bid the additional bid increment percentage OEA and MB did not receive any other no longer counts toward bidding of 5%, and that result (rounded) is the comments on these proposals activity for the round. Once a round additional increment amount. The first concerning changes of bid amounts. closes, a bidder may no longer remove additional acceptable bid amount equals OEA and MB typically exercise this a bid. the minimum acceptable bid amount discretion based on monitoring of 140. Bidders in Auction 109 are plus the additional increment amount. ongoing bidding and reserved such prohibited from withdrawing any bid The second additional acceptable bid discretion in the Auction 109 after close of the round in which that amount equals the minimum acceptable Procedures Public Notice. If OEA and bid was placed. OEA and MB adopted bid amount plus two times the MB exercise this discretion, bidders will the prohibition in recognition of the additional increment amount; the third be alerted by announcement in the FCC site-specific nature and wide geographic additional acceptable bid amount is the auction bidding system during the dispersion of the permits available in minimum acceptable bid amount plus auction. this auction, as well as experience with three times the additional increment 137. Provisionally Winning Bids. past auctions of broadcast construction amount; etc. Because the additional bid Consistent with practice in past permits. Bidders are cautioned to select increment percentage is 5%, the auctions, the FCC auction bidding bid amounts carefully because no bid calculation of the additional increment system at the end of each bidding round withdrawals will be allowed in Auction

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20308 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

109, even if a bid was mistakenly or 147. A winning bidder is required to payment balances will be returned to erroneously made. submit an application filing fee with the payer of record as identified on the 141. Bidding Results. Bids placed each long-form application. 47 CFR FCC Form 159 unless the payer submits during a round will not be made public 1.1104. The application filing fee must written authorization instructing until the conclusion of that round. After be paid in addition to the winning bid otherwise. This written authorization a round closes, OEA and MB will amount. The Commission recently must comply with the refund compile reports of all bids placed, adopted a new long-form application instructions provided in the Auction current provisionally winning bids, new filing fee that includes an amount to 109 Procedures Public Notice. recover costs for processing the short- minimum acceptable bid amounts for VI. Procedural Matters the following round, whether the form application. The amended construction permit is FCC-held, and § 1.1104, which specifies filing fees for 153. Paperwork Reduction Act. The bidder eligibility status (bidding AM and FM long-form applications, is Office of Management and Budget eligibility and activity rule waiver), and not yet in effect. The long-form (OMB) has approved the information post the reports for public access. application filing fee that is in effect collections in the Application to 142. Auction Announcements. The when such form is filed will be the Participate in an FCC Auction, FCC Commission staff will use auction applicable fee. Form 175, OMB Control No. 3060–0600. announcements to report necessary 148. Winning bidders claiming new The Auction 109 Procedures Public information to bidders, such as schedule entrant status must include an exhibit Notice does not contain new or modified information collection changes. All auction announcements demonstrating their eligibility for the requirements subject to the Paperwork will be available by clicking a link in bidding credit. Further instructions on Reduction Act of 1995 (PRA), Public the FCC auction bidding system. these and other filing requirements will be provided to winning bidders in the Law 104–13. Therefore, it does not V. Post-Auction Procedures auction closing public notice. contain any new or modified information collection burden for small 143. Shortly after bidding has closed, 149. Default and Disqualification. business concerns with fewer than 25 the Commission will issue a public Any winning bidder that defaults or is employees pursuant to the Small notice declaring the auction closed, disqualified after the close of the auction (i.e., fails to remit the required Business Paperwork Relief Act of 2002, identifying the winning bidders, and down payment within the prescribed Public Law 107–198. establishing the deadlines for period of time, fails to submit a timely 154. Congressional Review Act. The submitting down payments, final long-form application, fails to make full Commission will submit the Auction payments, and the long-form and timely final payment, or is 109 Procedures Public Notice to the applications. otherwise disqualified) is liable for a Administrator of the Office of 144. Down Payments. Within ten default payment as described in 47 CFR Management and Budget Office of business days after release of the 1.2104(g)(2). This default payment Information and Regulatory Affairs for auction closing public notice, each consists of a deficiency payment, equal concurrence as to whether these winning bidder must submit sufficient to the difference between the amount of procedures are major or non-major funds (in addition to its upfront the Auction 109 bidder’s winning bid under the Congressional Review Act, 5 payment) to bring its total amount of and the amount of the winning bid the U.S.C. 804(2). The Commission will money on deposit with the Commission next time a construction permit send a copy of the Auction 109 for Auction 109 to 20% of the net covering the same spectrum is won in Procedures Public Notice in a report to amount of its winning bid(s) (gross an auction, plus an additional payment Congress and the Government bid(s) less any applicable new entrant equal to a percentage of the defaulter’s Accountability Office pursuant to the bidding credit(s)). bid or of the subsequent winning bid, Congressional Review Act, 5 U.S.C. 145. Final Payments. Each winning whichever is less. 801(a)(1)(A). bidder will be required to submit the 150. The percentage of the applicable 155. Supplemental Final Regulatory balance of the net amount of its winning bid to be assessed as an additional Flexibility Analysis. As required by the bid(s) within ten business days after the payment for defaults in a particular Regulatory Flexibility Act of 1980, as applicable deadline for submitting auction is established in advance of the amended (RFA), the Commission down payments. auction. The additional default payment prepared Initial Regulatory Flexibility 146. Long-Form Applications. The for Auction 109 is 20% of the applicable Analyses (IRFAs) in connection with the Commission’s rules currently provide bid. Broadcast Competitive Bidding Notice that within thirty days following the 151. Finally, in the event of a default, of Proposed Rulemaking (NPRM), 62 FR close of bidding and notification to the the Commission has the discretion to re- 65392, December 12, 1997, and other winning bidders, unless a longer period auction the construction permit or offer Commission NPRMs (collectively, is specified by public notice, each it to the next highest bidder (in Competitive Bidding NPRMs) pursuant winning bidder must electronically descending order) at its final bid to which Auction 109 will be submit a separate, properly completed amount. In addition, if a default or conducted. Final Regulatory Flexibility long-form application for each permit disqualification involves gross Analyses (FRFAs) likewise were won, and required exhibits, along with misconduct, misrepresentation, or bad prepared in the Broadcast Competitive the applicable application filing fee. faith by an applicant, the Commission Bidding Order, 63 FR 48615, September Winning bidders for FM construction may declare the applicant and its 11, 1998, and other Commission permits will electronically file FCC principals ineligible to bid in future rulemaking orders (collectively, Form 2100, Schedule 301–FM, in the auctions, and may take any other action Competitive Bidding Orders) pursuant Media Bureau’s Licensing and that it deems necessary, including to which Auction 109 will be Management System (LMS). Winning institution of proceedings to revoke any conducted. In this proceeding, a bidders for AM construction permits existing authorizations held by the Supplemental Initial Regulatory will electronically file FCC Form 301 in applicant. Flexibility Analysis (Supplemental the Media Bureau’s Consolidated Data 152. Refund of Remaining Upfront IRFA) was incorporated in the Auction Base System (CDBS). Payment Balance. All refunds of upfront 109 Comment Public Notice, 86 FR

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20309

12556, March 4, 2021. The Commission in the event that a winning bidder of factors beyond the Commission’s sought written public comment on the defaults or is disqualified after the knowledge. proposals in the Auction 109 Comment auction. 162. Radio Stations. This Economic Public Notice, including comments on 158. Summary of Significant Issues Census category comprises the Supplemental IRFA. This Raised by Public Comments in Response establishments primarily engaged in Supplemental Final Regulatory to the IRFA. There were no comments broadcasting aural programs by radio to Flexibility Analysis (Supplemental filed that specifically addressed the the public. Programming may originate FRFA) supplements the FRFAs in the Supplemental IRFA. in their own studio, from an affiliated Competitive Bidding Orders to reflect 159. Response to Comments by the network, or from external sources. the actions taken in the Auction 109 Chief Counsel for Advocacy of the Small According to the most recent Procedure Public Notice and conforms Business Administration. Pursuant to rulemaking order to assess annual to the RFA. the Small Business Jobs Act of 2010, regulatory fees, Commission staff 156. Need for, and Objectives of, the which amended the RFA, the identified from the Media Bureau’s Public Notice. The procedures for the Commission is required to respond to licensing databases 9,636 licensed radio conduct of Auction 109 as described in any comment filed by the Chief Counsel facilities subject to annual regulatory the Auction 109 Procedures Public for Advocacy of the Small Business fees as of October 1, 2019, excluding Notice implement the Commission’s Administration (SBA), and to provide a from this count radio stations exempt competitive bidding rules, which have detailed statement of any change made from required annual regulatory fees. been adopted by the Commission in to the proposed procedures as a result 163. The SBA has established a small multiple notice-and-comment of those comments. The Chief Counsel business size standard for this category rulemaking proceedings. More did not file any comments in response as firms having $41.5 million or less in specifically, the Auction 109 Procedures to the procedures that were proposed in annual receipts. Economic Census data Public Notice provides an overview of the Auction 109 Comment Public for 2012 shows that 2,849 radio station the procedures, terms, and conditions Notice. firms operated during that year. Of that governing Auction 109, and the post- 160. Description and Estimate of the number, 2,806 firms operated with auction application and payment Number of Small Entities to Which the annual receipts of less than $25 million processes, as well as setting the Procedures Will Apply. The RFA directs per year, 17 with annual receipts minimum opening bid amount for each agencies to provide a description of and, between $25 million and $49,999,999, of the AM and FM broadcast where feasible, an estimate of the and 26 with annual receipts of $50 construction permits that are subject to number of small entities that may be million or more. Therefore, based on the being assigned by competitive bidding. affected by the rules adopted in the SBA’s size standard the majority of such 157. To promote the efficient and fair Auction 109 Procedures Public Notice. entities are small entities. administration of the competitive The RFA generally defines the term 164. According to Commission staff bidding process for all Auction 109 small entity as having the same meaning review of the BIA/Kelsey, LLC’s Media participants, including small as the terms small business, small Access Pro Radio Database (BIA) as of businesses, in the Auction 109 organization, and small governmental January 26, 2021, nearly all AM and FM Procedures Public Notice OEA and MB jurisdiction. In addition, the term small full-service radio stations announced the following procedures: (1) business has the same meaning as the (approximately 15,478 of 15,483 total Use of a simultaneous multiple-round term small business concern under the stations, or 99.97%) had revenues of auction format, consisting of sequential Small Business Act. A small business $41.5 million or less and thus qualify as bidding rounds with a simultaneous concern is one which: (1) Is small entities under the SBA definition. stopping procedure; (2) a specific independently owned and operated; (2) The SBA size standard data, however, upfront payment amount for each is not dominant in its field of operation; does not enable a meaningful estimate construction permit; (3) a specific and (3) satisfies any additional criteria of the number of small entities who may minimum opening bid amount for each established by the SBA. participate in Auction 109. construction permit; (4) a specific 161. The specific competitive bidding 165. Also, in assessing whether a number of bidding units for each procedures and minimum opening bid business entity qualifies as small under construction permit; (5) a bidder’s amounts described in the Auction 109 the SBA definition, business control initial bidding eligibility will be based Procedures Public Notice will affect all affiliations must be included. This on the amount of that bidder’s upfront applicants participating in Auction 109. estimate therefore likely overstates the payment; (6) a two-stage auction with an The number of entities that may apply number of small entities that might be activity requirement in which a bidder to participate in Auction 109 is affected by this auction because the is required to be active on 80% of its unknown. Based on the number of revenue figure on which it is based does bidding eligibility in stage one and 95% applicants in prior FM auctions, OEA not include or aggregate revenues from of its bidding eligibility in stage two; (7) and MB estimate that the number of affiliated companies. Moreover, the provision of three activity waivers for applicants for Auction 109 may range definition of small business also each qualified bidder to allow it to from approximately 130 to 260. This requires that an entity not be dominant preserve bidding eligibility during the estimate is based on the number of in its field of operation and that the course of the auction; (8) use of applicants who filed short-form entity be independently owned and minimum acceptable bid amounts and applications to participate in previous operated. The estimate of small additional acceptable increments, along auctions of FM construction permits businesses to which Auction 109 with the methodology for calculating held to date, an average of 1.8 short- competitive bidding procedures may such amounts; (9) a procedure for form applications were filed per apply does not exclude any radio station breaking ties if identical high bid construction permit offered, with a from the definition of a small business amounts are submitted on one permit in median of 1.2 applications per permit. on these bases and is therefore over- a given round; (10) a prohibition on bid The actual number of applicants for inclusive to that extent. Furthermore, withdrawals; and (11) establishment of Auction 109 could vary significantly as OEA and MB are unable at this time to an additional default payment any individual’s or entity’s decision to define or quantify the criteria that percentage of 20% of the applicable bid participate may be affected by a number would establish whether a specific radio

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20310 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

station is dominant in its field of winning bidder does not need to file a others): (1) The establishment of operation. It is difficult to assess these long-form application and provide the differing compliance or reporting criteria in the context of media entities additional showings and more detailed requirements or timetables that take into and therefore estimates of small demonstrations required of a winning account the resources available to small businesses to which they apply may be bidder. entities; (2) the clarification, over-inclusive to this extent. 169. Auction 109 applicants, consolidation, or simplification of 166. OEA and MB are unable to including small entities, will become compliance and reporting requirements accurately develop an estimate of how qualified to bid in Auction 109 only if under the rule for such small entities; many of the entities in this auction they comply with the following: (1) (3) the use of performance rather than would be small businesses based on the Submission of a short-form application design standards; and (4) an exemption number of small entities that applied to that is timely and is found to be from coverage of the rule, or any part participate in prior broadcast auctions substantially complete, and (2) timely thereof, for such small entities. See 5 because that information is not collected submission of a sufficient upfront U.S.C. 603(c)(1)–(4). from applicants for broadcast auctions payment for at least one of the 173. OEA and MB intend that the in which bidding credits are not based construction permits that the applicant procedures adopted in the Auctions 109 on an applicant’s size (as is the case in selected on its FCC Form 175. In Procedures Public Notice to facilitate auctions of licenses for wireless accordance with the terms of 47 CFR participation in Auction 109 will result services). 1.2105(b)(2), an applicant whose in both operational and administrative 167. In 2013, the Commission application is found to contain cost savings for small entities and other estimated that 97% of radio deficiencies will have a limited auction participants. In light of the broadcasters met the SBA’s prior opportunity to bring its application into numerous resources that will be definition of small business concern, compliance with the Commission’s available from the Commission to small based on annual revenues of $7 million. competitive bidding rules during a entities and other auction participants at The SBA has since increased that resubmission window. In addition, each no cost, the processes and procedures revenue threshold to $41.5 million, Auction 109 applicant must maintain announced in the Auctions 109 which suggests that an even greater the accuracy of its previously filed Procedures Public Notice should percentage of radio broadcasters would short-form application electronically minimize any economic impact of the fall within the SBA’s definition. The using the FCC auction application auction processes and procedures on Commission has estimated the number system. of licensed commercial AM radio 170. In the second phase of the small entities and should result in both stations to be 4,347 and the number of process, there are additional compliance operational and administrative cost commercial FM radio stations to be requirements only applicable to savings for small entities and other 6,699, for a total number of 11,046 radio winning bidders. As with other winning auction participants. For example, prior stations. As of January 2021, 4,347 AM bidders, any small entity that is a to the beginning of bidding in this stations and 6,694 FM stations had winning bidder will be required to auction, the Commission will hold a revenues of $41.5 million or less, comply with the terms of the following mock auction to allow qualified bidders according to Commission staff review of rules, among others: (1) 47 CFR the opportunity to familiarize the BIA Database. Accordingly, based on 1.2107(b), by submitting as a down themselves with both the processes and this data, OEA and MB that the majority payment within 10 business days after systems that will be used in Auction of Auction 109 applicants would likely release of the auction closing public 109. During the auction, participants meet the SBA’s definition of a small notice sufficient funds (in addition to its will be able to access and participate in business concern. upfront payment) to bring its total bidding via the internet using a web- 168. Description of Projected amount of money on deposit with the based system, or telephonically, Reporting, Recordkeeping, and Other Commission for Auction 109 to 20% of providing two cost-effective methods of Compliance Requirements for Small the amount of its winning bid or bids; participation and avoiding the cost of Entities. For Auction 109, no new (2) 47 CFR 1.2109(a), by submitting travel for in-person participation. reporting, recordkeeping, or other within 10 business days after the down Further, small entities as well as other compliance requirements for small payment deadline the balance of the auction participants will be able to avail entities or other auction applicants were amount for each of its winning bids; and themselves of a telephone hotline for proposed. The Commission designed (3) 47 CFR 73.5005(a), by electronically assistance with auction processes and the auction application process itself to filing a properly completed long-form procedures as well as a technical minimize reporting and compliance application and required exhibits for support telephone hotline to assist with requirements for applicants, including each construction permit won through issues such as access to or navigation small business applicants. For all Auction 109. within the electronic FCC Form 175 and spectrum auctions, in the first part of 171. Further, as required by 47 CFR use of the FCC’s auction bidding system. the Commission’s two-phased auction 1.2105(c), reports concerning prohibited In addition, all auction participants, application process, parties desiring to communications must be filed with the including small business entities, will participate in an auction file Chief of the Auctions Division, as have access to various other sources of streamlined, short-form applications in detailed in the Auctions 109 Procedures information and databases through the which they certify under penalty of Public Notice. Commission that will aid in both their perjury as to their qualifications. 172. Steps Taken to Minimize the understanding and participation in the Eligibility to participate in bidding is Significant Economic Impact on Small process. These mechanisms are made based on an applicant’s short-form Entities, and Significant Alternatives available to facilitate participation by all application and certifications, as well as Considered. The RFA requires an qualified bidders and may result in its upfront payment. In the second agency to describe any significant, significant cost savings for small phase of the auction application specifically small business, alternatives business entities that utilize these process, there are additional compliance that it has considered in reaching its mechanisms. These resources, coupled requirements for winning bidders. Thus, proposed approach, which may include with the description and a small business that fails to become a the following four alternatives (among communication of the bidding

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20311

procedures before bidding begins in Clearance Officer, U.S. Fish and proposed rule to update the regulations Auction 109, should ensure that the Wildlife Service, 5275 Leesburg Pike, for the taking of migratory birds for auction will be administered MS: PRB (JAO/3W), Falls Church, VA subsistence uses in Alaska during the predictably, efficiently and fairly, thus 22041–3803 (mail); or [email protected] spring and summer (86 FR 11707, providing certainty for small entities as (email). Please reference ‘‘OMB Control February 26, 2021). By the end of the well as other auction participants. Number 1018–BF08’’ in the subject line comment period on the proposed rule, 174. Notice to SBA. The Commission of your comments. we received five comments. While one will send a copy of the Auctions 109 FOR FURTHER INFORMATION CONTACT: Eric comment pertained to an issue that is Procedures Public Notice, including the J. Taylor, U.S. Fish and Wildlife Service, outside the scope of this rulemaking Supplemental FRFA, to the Chief 1011 E. Tudor Road, Mail Stop 201, action, we hereby respond to the Counsel for Advocacy of the SBA. Anchorage, AK 99503; (907) 903–7210. relevant issues that were raised in the Federal Communications Commission. SUPPLEMENTARY INFORMATION: public input. We made no changes to Erik Salovaara, the proposed rule as a result of the input Background we received via the public comments Assistant Chief, Auctions Division, Office of Economics and Analytics. The Migratory Bird Treaty Act of 1918 (see Final Regulations, below, for more information). [FR Doc. 2021–08000 Filed 4–16–21; 8:45 am] (MBTA, 16 U.S.C. 703 et seq.) was Issue: One commenter expressed the BILLING CODE 6712–01–P enacted to conserve certain species of migratory birds and gives the Secretary following concerns: (i) Migratory bird of the Interior the authority to regulate populations cannot sustain hunting pressure; (ii) migratory birds are DEPARTMENT OF THE INTERIOR the harvest of these birds. The law further authorizes the Secretary to issue resources belonging to all residents of Fish and Wildlife Service regulations to ensure that the the United States; (iii) the proposed indigenous inhabitants of the State of Kodiak Island Roaded Area permit hunt 50 CFR Part 92 Alaska may take migratory birds and did not undergo sufficient public collect their eggs for nutritional and review; (iv) the Service’s treatment of [Docket No. FWS–R7–MB–2020–0134; other essential needs during seasons common and Wilson’s snipe in Alaska FXMB12610700000–201–FF07M01000] established by the Secretary ‘‘so as to is incorrect by conflating them together; RIN 1018–BF08 provide for the preservation and and (v) the Service’s enforcement of maintenance of stocks of migratory prohibitions on the use of lead shot to Migratory Bird Subsistence Harvest in birds’’ (16 U.S.C. 712(1)). hunt waterfowl is insufficient. Alaska; Harvest Regulations for The take of migratory birds for Response: The Service conducts Migratory Birds in Alaska During the subsistence uses in Alaska occurs migratory bird population and harvest 2021 Season during the spring and summer, during surveys to monitor potential effects of hunting on abundance, distribution, and AGENCY: which timeframe the sport harvest of Fish and Wildlife Service, trend; further, we use an adaptive Interior. migratory birds is not allowed. Regulations governing the subsistence harvest strategy to ensure harvest does ACTION: Final rule. harvest of migratory birds in Alaska are not impact sustainable and healthy waterfowl populations. The Service SUMMARY: The U.S. Fish and Wildlife located in title 50 of the Code of Federal agrees that migratory birds should be Service (FWS, Service, or we) is revising Regulations (CFR) in part 92. These managed on a flyway or continental the migratory bird subsistence harvest regulations allow for the continuation of basis for the enjoyment of all U.S. regulations in Alaska. These regulations customary and traditional subsistence residents. allow for the continuation of customary uses of migratory birds and prescribe The proposed 3-year experimental and traditional subsistence uses of regional information on when and Kodiak Roaded Area Permit hunt migratory birds in Alaska and prescribe where the harvesting of birds in Alaska underwent a rigorous review over a regional information on when and may occur. multiyear period involving Council, where the harvesting of birds may The migratory bird subsistence Flyway, and national public review occur. These regulations were harvest regulations are developed periods. We explain the process developed under a co-management cooperatively by the Alaska Migratory establishing the experimental hunt in process involving the Service, the Bird Co-Management Council (AMBCC our May 11, 2020, proposed rule (85 FR Alaska Department of Fish and Game, or the Council), which consists of the 27698) in the preamble under ‘‘(5) and Alaska Native representatives. This U.S. Fish and Wildlife Service, the Kodiak Archipelago Region Kodiak rule incorporates regulatory revisions Alaska Department of Fish and Game Island Roaded Area Closure,’’ and our requested by these partners. (ADFG), and representatives of Alaska’s Native population. The Council’s response to comments on this topic is DATES: This rule is effective April 19, primary purpose is to develop found in our November 17, 2020, final 2021. recommendations pertaining to the rule (85 FR 73233). ADDRESSES: You may find the comments subsistence harvest of migratory birds. Snipe in Alaska are recognized submitted on the proposed rule as well This rule incorporates changes to the primarily as Wilson’s snipe, but as supplementary materials for this subsistence harvest regulations that common snipe are known to occur on rulemaking action at the Federal were recommended by the Council in the Aleutian Islands of Alaska. Thus, for eRulemaking Portal: http:// 2020 as described below. This rule also administrative purposes, we clarify that www.regulations.gov in Docket No. sets forth an updated list of migratory snipe includes both recognized species FWS–R7–MB–2020–0134. bird species open to subsistence harvest. in Alaska: Wilson’s snipe and common Information Collection Requirements: snipe. The separation of these species in Written comments and suggestions on Comments Received on the Proposed the list of migratory birds open to the information collection requirements Rule subsistence harvest will not result in may be submitted at any time to the Per the collaborative process differential harvest effects on either Service Information Collection described above, we published a species.

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20312 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

The Service agrees with the Response: The MBTA allows for the birds in the subsistence harvest area of commenter’s concern about detrimental lawful and sustainable harvest of the region. effects of lead shot on migratory birds. migratory birds per annual hunting To date, the Council Executive The nationwide ban on the use of lead regulations. Spring-summer subsistence Director has received two letters of shot for hunting waterfowl occurred in and fall-winter hunting regulations are invitation to hunt in the State of Alaska 1991. The Service’s Office of Law established each year, the impacts of since the last revision of 50 CFR 92.5(d) Enforcement and law enforcement which are monitored by annual in 2014 (79 FR 19454, April 8, 2014). officers of the National Wildlife Refuge population and harvest surveys. The letter of invitation requirement is System work with State law Issue: A commenter expressed interest viewed by the Upper Copper River enforcement personnel to check in and support for establishing State- Region as burdensome and waterfowl hunters during the Alaska specific migratory bird harvest administratively inefficient due in large spring-summer subsistence and fall- regulations. part to high turnover in Tribal winter seasons for use of nontoxic Response: The Service appreciates the administrative staff. In the Upper ammunition. The Service has also commenter’s support for establishing Copper River Region, an invitation to worked with vendors in rural Alaska to Alaska spring-summer migratory bird hunt by permit is considered less remove lead shot from being available subsistence harvest regulations. onerous and a more practical approach and sold during the migratory bird Proposed Regulatory Revisions for eligible hunters to invite hunting seasons. participation by family members living Issue: A commenter recommended: (i) The proposed rule (86 FR 11707, in excluded areas. This regulatory Support for establishing regulations to February 26, 2021) set forth the same revision adds the invitation by permit as support the cultural and traditional subsistence harvest regulations in an option for Tribal Councils or their importance of spring-summer subpart D, Annual Regulations authorized Tribal representatives in the subsistence harvest of migratory birds in Governing Subsistence Harvest, as those Upper Copper River Region to Alaska; (ii) that important areas where from the 2020 subsistence harvest administer the invitation to hunt in protected species congregate be closed seasons (see 85 FR 18455, April 2, 2020; their subsistence harvest area. Invited to hunting; and (iii) that closed areas of 85 FR 27698, May 11, 2020; 85 FR hunters will be required to carry the hunting could allow assessment of 49601, August 14, 2020; and 85 FR permit while hunting as proof of hunting mortality versus other forms of 73233, November 17, 2020) with the eligibility. The permit will be valid for mortality. The commenter also inquired following two exceptions and three 2 years from the date of issuance. A list if violations of the MBTA are enforced clarifications from the 2020 seasons: of permittees will be forwarded to the by the Service. (1) Upper Copper River Region Permit Council Executive Director, who will Response: The Service appreciates for Hunters From Excluded Areas To then forward the list to the Service’s support for the traditional, cultural, and Hunt in the Region Alaska Regional Office of Law nutritional benefits attained by the Enforcement. spring-summer harvest of migratory This change to the regulations in part This change to the regulations in birds in rural Alaska. Breeding, staging, 92, subpart A (general provisions) subpart A is not anticipated to result in molting, and wintering habitats of would add another method (a permit) to a significant increase in harvest of birds protected species, including spectacled invite a hunter from an excluded area to and eggs in the Upper Copper River and Steller’s eiders, are important to participate in the spring-summer Region because invited hunters are other hunted migratory birds; therefore, subsistence hunt in the Upper Copper authorized only to assist in fulfilling the it is not possible to close specific areas River region. needs of immediate family members in to all hunting. The Service appreciates Current regulations in 50 CFR 92.5(d) villages or teaching cultural knowledge. the comment regarding the need to allow immediate family members (2) Closure on Harvest of Emperor Goose understand sources of mortality and (children, parents, grandparents, and Eggs Statewide their respective impacts to population siblings) living in excluded areas to abundance and trends. However, the participate in the customary spring- This change to the regulations in part closure of a specific area to hunting will summer subsistence harvest of 92, subpart C (general regulations not allow a greater understanding of migratory birds in a village’s subsistence governing the subsistence harvest hunting as a source of mortality due to area, if invited via letter by the general provisions) closes the harvest of the migratory nature of most species. In respective Village Council, to assist emperor goose eggs statewide. regard to the comment if violations of permanent residents of the village in The abundance (index) of emperor the MBTA are enforced by the Service, meeting their nutritional and other geese (Anser canagicus) is estimated to decrease risk of illegal harvest of essential needs or for teaching cultural annually via the Service’s (Alaska protected species, the Service relies on knowledge. A letter of invitation is sent Region) Yukon-Kuskokwim Delta public education and outreach to to the hunter with a copy provided to Coastal Zone (Coastal Zone) survey. describe species closed to harvest. the Executive Director of the Council, This information is used to inform Please see page 28 of Regulations for the who then informs the Service’s Alaska harvest management decisions for 2021 Alaska Subsistence Spring/ Regional Office of Law Enforcement emperor geese based on harvest Summer Migratory Bird Harvest within 2 business days. In addition to strategies in the Council Emperor Goose (available in the docket on the letter of invitation, this new permit Management Plan (Plan) and the Pacific www.regulations.gov) as an example of system adds another method to invite a Flyway Council Management Plan. The public outreach to protect threatened hunter from an excluded area to harvest strategy in the Plan prescribes spectacled and Steller’s eiders. The participate in the spring-summer an open emperor geese subsistence Service also monitors and enforces subsistence hunt in the Upper Copper season if the Coastal Zone index from hunting regulations through its Office of River region. The permit will certify that the previous year is greater than 23,000 Law Enforcement. the prospective hunter is an immediate geese, and a closed season if the index Issue: A commenter requested the family member as defined in 50 CFR is below 23,000 geese. If the Coastal Service protect migratory birds from 92.4 and is thereby authorized to assist Zone index is between 23,000 and hunting. family members in hunting migratory 28,000 geese, the Council will consider

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20313

implementing regulatory or Fairbanks North Star Borough Excluded Clarification of the Kodiak Archipelago nonregulatory conservation measures to Area (72 FR 18317 April 11, 2007). This Region Kodiak Island Roaded Area help avoid a closed season in regulatory change appears in 50 CFR Boundary subsequent seasons. In 2019, the Coastal 92.5(b)(3). The expanded Fairbanks As described above, in 2020 the Zone index (26,585; 95% Confidence North Star Borough Excluded Area was Service approved a 3-year experimental Limit = 24,161–29,008 geese) dropped renamed the Central Interior Excluded season for migratory bird hunting and below the 28,000-bird threshold that Area, but the description of the area egg gathering by registration permit triggers consideration of conservation defined in 50 CFR 92.5(b)(3) failed to within the Kodiak Island Roaded Area measures. For the 2020 spring-summer specifically include the Fairbanks North in the Kodiak Archipelago Region of hunting season, the Council agreed to Star Borough. This rule clarifies this Alaska, as recommended by the Council develop and distribute outreach and regulatory text by including the words in 2019 (85 FR 73233, November 17, educational materials to help limit ‘‘Fairbanks North Star Borough’’ in the 2020). This regulatory change appears in emperor goose harvest. The coronavirus description of the Central Interior 50 CFR 92.31. Prior to this change, the pandemic forced the cancellation of the Excluded Area. Kodiak Island Roaded Area was closed Coastal Zone survey in 2020. to hunting. Following approval of a Consequently, no Coastal Zone index Clarification of the Kodiak Archipelago hunt within the previously closed area, was available to inform regulatory Region Kodiak Island Roaded Area 3- the current boundary description of the decisions for the 2021 season. Year Experimental Season Kodiak Island Roaded Area in 50 CFR The harvest strategy in the Plan does In 2020, the Service approved a 3-year not include guidance on making 92.31(e) includes the term ‘‘closed experimental season for migratory bird area.’’ We now clarify the language by regulatory decisions in the absence of hunting and egg gathering by previous year’s survey data; thus, the replacing the words ‘‘closed area’’ with registration permit only within the ‘‘Kodiak Island Roaded Area’’ in 50 CFR Council’s Emperor Goose Subcommittee Kodiak Island Roaded Area in the convened on June 2, 2020, to consider 92.31(e) and by improving the clarity of Kodiak Archipelago Region of Alaska, as the boundary description. available emperor goose population recommended by the Council in 2019 status information in the absence of the (85 FR 73233, November 17, 2020). This Subsistence Migratory Bird Species 2020 Coastal Zone index. Subcommittee regulatory change appears in 50 CFR On April 16, 2020, we published in members considered results from a 92.31. The Roaded Area was to remain number of approaches to infer emperor the Federal Register (85 FR 21282) a closed to hunting and egg gathering for revised List of Migratory Birds protected goose population status in 2020 Arctic terns, Aleutian terns, mew gulls, including prediction from a under the Migratory Bird Treaty Act and emperor geese. The regulation (MBTA) by both adding to and removing demographic model (Osnas 2020). allows residents of the Kodiak Results from the different approaches species from the list, which appears in Archipelago Region the opportunity to 50 CFR 10.13. Reasons for the changes were in general agreement, and participate in subsistence hunting indicated that abundance of emperor to the list included adding species based activities without the need for a boat in geese in 2020 likely remains between on revised taxonomy and new evidence an area that otherwise restricts hunting the 23,000- and 28,000-population of natural occurrence in the United to 500 feet offshore and offshore islands. thresholds with low probability that States or U.S. territories, removing abundance was below the closure Initially, we and the Council expected species no longer known to occur threshold. that the 3-year experimental season within the United States or U.S. Because the predicted abundance of would begin in 2020 and continue territories, and changing names to emperor geese remains between the through 2022. In the supplementary conform to accepted use. This rule went population thresholds requiring information of the 2020 proposed and into effect on May 18, 2020. The revised consideration of conservation measures, final rules, we associated those years List of Migratory Birds updated the Council’s Emperor Goose (2020–2022) with the 3-year nomenclature (family or scientific Subcommittee and Council experimental season, although years name) for 17 species on the list of birds recommended the emperor goose season were not specified in the regulations open to subsistence harvest (50 CFR remain open in 2021. This allowing the season. Delay in publishing 92.22) and separated Canada goose into recommendation includes outreach and the proposed and final rules in 2020 two separate species: Cackling goose educational efforts and closure of prevented the 3-year experimental (Branta hutchinsii) and Canada goose emperor goose egg gathering in Alaska season from beginning in 2020 as (Branta canadensis). Therefore, to be to help limit harvest of emperor geese, initially expected. Therefore, we clarify consistent with the taxonomy on the considering the uncertainty in emperor here that our intent remains the same— List of Migratory Birds, we are updating goose population status in 2020 and the to allow a 3-year experimental season the taxonomy of the list of migratory desire to reduce the probability of for migratory bird hunting and egg birds open to subsistence harvest at 50 having a closed season in the future. gathering by registration permit along CFR 92.22 and correcting 11 This regulatory change affects the list of the Kodiak Island Roaded Area in the typographical errors in species common subsistence migratory bird species in Kodiak Archipelago Region of Alaska— names. § 92.22, which is in subpart C. but that this season is now expected to We are also taking this opportunity to occur during the 2021–2023 subsistence reorganize the list of migratory birds Clarification of Central Interior seasons. The experimental season will open to subsistence harvest to follow Excluded Area Boundary terminate at the completion of the third the order of bird families as they appear Current regulations in 50 CFR year, now expected to be in 2023. in 50 CFR 10.13, and we are adding the 92.5(b)(1) define the geographic Reopening the Roaded Area after the 3- common snipe (Gallinago gallinago) to boundaries of the Central Interior year experimental period will require a the list of migratory birds open to Excluded Area but mistakenly fail to subsequent proposal from the Council subsistence harvest. On April 1, 2016, include the Fairbanks North Star for continuation of the season under we published in the Federal Register Borough. In 2007, the Service enacted either operational or experimental (81 FR 18787) a revised list of migratory the ADFG’s request to expand the status. bird subsistence species in which we

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20314 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

replaced the common snipe with Endangered Species Act Consideration upon publication in the Federal Wilson’s snipe (Gallinago delicata) to Register. account for taxonomic changes; Section 7 of the Endangered Species Required Determinations Wilson’s snipe was previously Act of 1973, as amended (ESA; 16 considered a subspecies under common U.S.C. 1531 et seq.) requires the Regulatory Planning and Review snipe. Snipe in Alaska are recognized Secretary of the Interior to review other (Executive Orders 12866 and 13563) primarily as Wilson’s snipe, but programs administered by the Executive Order 12866 provides that common snipe are known to occur on Department of the Interior and utilize the Office of Information and Regulatory the Aleutian Islands of Alaska. Thus, for such programs in furtherance of the Affairs (OIRA) will review all significant administrative purposes, we clarify that purposes of the ESA. The Secretary is rules. OIRA has determined that this snipe includes both recognized species further required to insure that any rule is not significant. in Alaska: Wilson’s snipe and common action authorized, funded, or carried out Executive Order 13563 reaffirms the snipe. Because, historically, common by the Department of the Interior is not principles of E.O. 12866 while calling snipe applied to both species of snipe, likely to jeopardize the continued for improvements in the nation’s the separation of these species in the list existence of any endangered species or regulatory system to promote of migratory birds open to subsistence threatened species or result in the predictability, to reduce uncertainty, harvest will not result in differential destruction or adverse modification of and to use the best, most innovative, harvest effects on either species. critical habitat. and least burdensome tools for Spectacled eiders (Somateria fischeri) Final Regulations achieving regulatory ends. The and the Alaska-breeding population of Executive Order directs agencies to We are making no changes to the Steller’s eiders (Polysticta stelleri) are consider regulatory approaches that regulatory revisions in our February 26, listed as threatened species under the reduce burdens and maintain flexibility 2021 (86 FR 11707), proposed rule as a ESA. Their migration and breeding and freedom of choice for the public result of the input we received via the distribution overlap with areas where where these approaches are relevant, public comments. the spring and summer migratory bird feasible, and consistent with regulatory subsistence hunt is open in Alaska. Compliance With the MBTA and the objectives. E.O. 13563 emphasizes Neither species is included in the list of Endangered Species Act further that regulations must be based subsistence migratory bird species at 50 on the best available science and that The Service has dual objectives and CFR 92.22; therefore, both species are the rulemaking process must allow for responsibilities for authorizing a closed to subsistence harvest. subsistence harvest while protecting public participation and an open migratory birds and endangered and The Alaska Division of Migratory Bird exchange of ideas. We have developed threatened species. Although these Management conducted an intra-agency this rule in a manner consistent with objectives continue to be challenging, consultation with the Service’s these requirements. Anchorage Fish and Wildlife Field they are not irreconcilable, provided Regulatory Flexibility Act that: (1) Regulations continue to protect Office on the proposed rule (86 FR endangered and threatened species; (2) 11707, February 26, 2021). The The Department of the Interior measures to address documented threats consultation was completed with a certifies that this rule will not have a are implemented; and (3) the biological opinion that concluded these significant economic impact on a subsistence community and other rulemaking actions are not likely to substantial number of small entities as conservation partners commit to jeopardize the continued existence of defined under the Regulatory Flexibility working together. endangered or threatened species or Act (5 U.S.C. 601 et seq.). A regulatory Mortality, sickness, and poisoning result in the destruction or adverse flexibility analysis is not required. from lead exposure have been modification of designated critical Accordingly, a Small Entity Compliance documented in many waterfowl species. habitat. Therefore, we have determined Guide is not required. This rule would The Service will work with partners to that this rule complies with the ESA. legalize a preexisting subsistence increase our education, outreach, and Immediate Effective Date activity, and the resources harvested enforcement efforts to ensure that will be consumed. This rule takes effect on the date set subsistence waterfowl hunting is Small Business Regulatory Enforcement conducted using nontoxic shot. forth above in DATES. Delaying the effective date for 30 days would have Fairness Act Conservation Under the MBTA detrimental effects on Alaskans seeking This rule is not a major rule under 5 We have monitored subsistence to conduct subsistence harvest of U.S.C. 804(2), the Small Business harvest for more than 25 years through migratory birds. To respect the Regulatory Enforcement Fairness Act. the use of household surveys in the subsistence hunt of many rural This rule: most heavily used subsistence harvest Alaskans, either for their cultural or (a) Would not have an annual effect areas, such as the Yukon–Kuskokwim religious exercise, sustenance, and/or on the economy of $100 million or Delta. Based on our monitoring of the materials for cultural use (e.g., more. It legalizes and regulates a migratory bird species and populations handicrafts), the Department of the traditional subsistence activity. It will taken for subsistence, we find that this Interior finds that it is in the public not result in a substantial increase in rule will provide for the preservation interest to make this rule effective as subsistence harvest or a significant and maintenance of migratory bird soon as possible. For these reasons, we change in harvesting patterns. The stocks as required by the MBTA. find that ‘‘good cause’’ exists within the commodities that will be regulated Communication and coordination terms of 5 U.S.C. 553(d)(3) of the under this rule are migratory birds. This between the Service, the Council, and Administrative Procedure Act and rule deals with legalizing the the Pacific Flyway Council have under the authority of the Migratory subsistence harvest of migratory birds allowed us to set harvest regulations to Bird Treaty Act (July 3, 1918), as and, as such, does not involve ensure the long-term viability of the amended (16 U.S.C. 703 et seq.), to commodities traded in the marketplace. migratory bird stocks. make this rule take effect immediately A small economic benefit from this rule

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20315

derives from the sale of equipment and organizations and the ADFG to help possible in all aspects of management. ammunition to carry out subsistence offset their expenses. To ensure maximum input at the village hunting. Most, if not all, businesses that level, we require each of the 11 Takings (Executive Order 12630) sell hunting equipment in rural Alaska participating regions to create regional qualify as small businesses. We have no Under the criteria in Executive Order management bodies consisting of at reason to believe that this rule would 12630, this rule does not have least one representative from the lead to a disproportionate distribution significant takings implications. This participating villages. The regional of benefits. rule is not specific to particular land management bodies meet at least one (b) Would not cause a major increase ownership, but applies to the harvesting time each year to review and/or submit in costs or prices for consumers; of migratory bird resources throughout proposals to the statewide body. individual industries; Federal, State, or Alaska. A takings implication local government agencies; or assessment is not required. Paperwork Reduction Act of 1995 (PRA) geographic regions. This rule does not This rule contains existing, revised, Federalism (Executive Order 13132) deal with traded commodities and, and new information collections. All therefore, would not have an impact on Under the criteria in Executive Order information collections require approval prices for consumers. 13132, this rule does not have sufficient under the Paperwork Reduction Act of (c) Would not have significant adverse federalism implications to warrant the 1995 (44 U.S.C. 3501 et seq.). We may effects on competition, employment, preparation of a federalism summary not conduct or sponsor and you are not investment, productivity, innovation, or impact statement. We discuss effects of required to respond to a collection of the ability of U.S.-based enterprises to this rule on the State of Alaska in the information unless it displays a compete with foreign-based enterprises. Unfunded Mandates Reform Act currently valid OMB control number. This rule deals with the harvesting of section, above. We worked with the OMB has previously approved the wildlife for personal consumption. It State of Alaska to develop these information collection requirements would not regulate the marketplace in regulations. Therefore, a federalism associated with subsistence harvest any way to generate substantial effects summary impact statement is not reporting and assigned OMB Control on the economy or the ability of required. Number 1018–0124. We will submit a businesses to compete. Civil Justice Reform (Executive Order revision to 1018–0124 to incorporate the Unfunded Mandates Reform Act 12988) new harvest reporting requirements contained in this rule. Additionally, we We have determined and certified The Department, in promulgating this will request a new OMB control number under the Unfunded Mandates Reform rule, has determined that it would not for the permit and information letter Act (2 U.S.C. 1501 et seq.) that this rule unduly burden the judicial system and requirements contained in this rule. will not impose a cost of $100 million that it meets the requirements of The existing information collection or more in any given year on local, sections 3(a) and 3(b)(2) of Executive requirements identified below are State, or Tribal governments or private Order 12988. currently approved by OMB under entities. The rule would not have a Government-to-Government Relations Control Number 1018–0124: significant or unique effect on State, The harvest surveys collect local, or Tribal governments or the With Native American Tribal Governments information on the subsistence harvest private sector. A statement containing in Alaska of ∼60 species categories of the information required by the Consistent with Executive Order birds and their eggs (geese, ducks, Unfunded Mandates Reform Act is not 13175 (65 FR 67249; November 6, 2000), swans, crane, ptarmigan and grouse, required. ‘‘Consultation and Coordination with seabirds, shorebirds, loons and grebes). Participation on regional management Indian Tribal Governments,’’ and Survey data includes species category bodies and the Council requires travel Department of the Interior policy on and amounts of birds and eggs taken for expenses for some Alaska Native Consultation with Indian Tribes subsistence use in each harvest season organizations and local governments. In (December 1, 2011), we consulted with (spring, summer, fall, winter). The addition, they assume some expenses Alaska Federally recognized Indian surveys rely on collaboration among the related to coordinating involvement of Tribes affected by these regulations to FWS, the ADFG, and many Alaska village councils in the regulatory solicit their input. Native organizations. Contracts and process. Total coordination and travel We implemented the amended treaty cooperative agreements are in place to expenses for all Alaska Native with Canada with a focus on local facilitate the collection of data with organizations are estimated to be less involvement. The treaty calls for the Alaska Native organizations and other than $300,000 per year. In a notice of creation of management bodies to regional and local partners. Surveyors decision (65 FR 16405, March 28, 2000), ensure an effective and meaningful role contact local residents. The ADFG we identified 7 to 12 partner for Alaska’s indigenous inhabitants in Division of Subsistence coordinates the organizations (Alaska Native nonprofits the conservation of migratory birds. surveys on behalf of the Council via a and local governments) to administer According to the Letter of Submittal, cooperative agreement with the FWS. the regional programs. The ADFG also management bodies are to include The FWS uses the survey data to: incurs expenses for travel to Council Alaska Native, Federal, and State of (1) Inform harvest regulations for and regional management body Alaska representatives as equals. They migratory birds and their eggs so they meetings. In addition, the State of develop recommendations for, among are consistent with the long-term Alaska is required to provide technical other things: Seasons and bag limits, sustainability of bird populations; staff support to each of the regional methods and means of take, law (2) Document subsistence harvest management bodies and to the Council. enforcement policies, population and trends and track changes in harvest; Expenses for the State’s involvement harvest monitoring, education programs, (3) Document the importance of birds may exceed $100,000 per year, but research and use of traditional as food and cultural resources for should not exceed $150,000 per year. knowledge, and habitat protection. The subsistence communities in Alaska; When funding permits, we make annual management bodies involve village (4) Protect sustainable harvest grant agreements available to the partner councils to the maximum extent opportunities; and

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20316 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

(5) Assist in the development of species available for harvest vary in survey includes two reminders. management plans by State and Federal different regions of Alaska, there are five Reported harvests will be extrapolated agencies. versions of the harvest report form with to represent all permit holders based on Federal and State agencies use the different sets of species. This helps to statistical methods. Forms 3–2381–6 data collected to develop harvest prevent erroneously recording bird and 3–2381–7 are only completed twice regulations and protect sustainable species as harvested in areas where they per year (spring and summer seasons). harvest opportunities. The FWS adjusts do not usually occur. Title of Collection: Alaska Migratory harvest regulations as needed to provide The revised and new information Bird Subsistence Harvest Household maximum and sustainable subsistence collection requirements identified Surveys. harvest opportunities while accounting below require approval by OMB in OMB Control Numbers: 1018–0124. for current bird population status and conjunction with the revision to OMB Form Numbers: FWS Form 3–2381–1, population goals established in species’ Control Number 1018–0124: Form 3–2381–2, Form 3–2381–3, Form management plans. The Council uses (1) Splitting burden estimates for 3– 3–2381–4, Form 3–2381–5, Form 3– this information to make regulation 2381–5, Cordova survey (REVISED): We 2381–6 (New), and Form 3–2381–7 recommendations to the Service realized the previous submission to (New). Regulations Committee. OMB incorrectly reported 3 submissions Type of Review: Revision to a Nongovernmental organizations use of the Cordova survey rather than a previously approved information survey data to monitor the status of uses single submission for the spring season. collection. of migratory bird resources in Alaska We are separating the burden for this Respondents/Affected Public: and internationally. The survey also survey out separately from FWS Form Individuals and Tribal governments. became a main line of communication 3–2381–1, Form 3–2381–2, Form 3– Total Estimated Number of Annual between wildlife management agencies 2381–3, and Form 3–2381–4 to more Respondents: 2,351. and the local communities and accurately report harvest data reporting Total Estimated Number of Annual harvesters. burden. Responses: 4,551. Participation in the surveys is (2) Harvest Report (FWS Forms 3– Estimated Completion Time per voluntary for communities and 2381–6 (new) and 3–2381–7 (NEW): Response: 5 minutes. households. In selected communities Starting in 2021, a mail survey akin to Total Estimated Number of Annual that agree to participate, surveyors that conducted for the Cordova harvest Burden Hours: 379. compile a list of all permanent will be implemented for the Kodiak Respondent’s Obligation: Required to households or addresses, provide roaded area harvest as required by obtain or retain a benefit. information about the survey, and assist updated Federal regulations for the Frequency of Collection: On occasion. households to complete the harvest Kodiak Archipelago region. To Total Estimated Annual Nonhour report form (hardcopy) in in-person participate in the Kodiak roaded area Burden Cost: None. interviews. Households may offer harvest, harvesters are required to The additional information collection comments on their harvest, on the obtain a permit and to complete a requirements associated with permits availability of birds, on the survey, or harvest report form, even if they did not and invitation letters contained in this any other topic related to bird harvest. harvest. (We will request OMB approval rule identified below require approval The survey uses the following forms: of this permit requirement in a separate by OMB and assignment of a new OMB (1) Tracking Sheet & Household request for a new OMB control number control number: Consent (FWS Form 3–2380): The explained below). Staff from the ADFG (1) Tribal or Village Council Invitation surveyor invites each selected Division of Subsistence worked in close Letter: Regulations at 50 CFR 92.5(d) household to participate and completes collaboration with the Sun’aq Tribe of allow immediate family members FWS Form 3–2380 documenting Kodiak to develop the permit and (children, parents, grandparents, and whether each selected household agreed harvest reporting system. The Sun’aq siblings) living in excluded areas to to participate, did not agree, or could Tribe requested in-season harvest participate in the customary spring- not be contacted. The surveyor also uses reporting. Permits will be issued by the summer subsistence harvest of this form to keep track of survey work. Sun’aq Tribe. migratory birds in a village’s subsistence (2) Harvest Report (FWS Forms 3– The Kodiak Roaded Area In-Season area. This letter of invitation is intended 2381–1, 3–2381–2, 3–2381–3, 3–2381–4, Harvest Report (FWS Form 3–2381–6) to assist permanent residents of the and 3–2381–5: The forms have up to will be provided to permit holders at the village in meeting their nutritional and four sheets, one for each surveyed time the permit is issued. Harvesters are other essential needs or for teaching season. The Western and Interior forms required to record their harvest using cultural knowledge. The regulations (3–2381–1 and 3–2381–3; ∼394 this form during the season. At the end specify that participation of residents of households surveyed per year) have 3 of the season (early Sept.), all permit excluded areas in the spring-summer sheets (spring, summer, and fall). The holders are required to submit the harvest of migratory birds in an eligible Bristol Bay form has 4 sheets (spring, completed Kodiak Roaded Area In- area must be pre-authorized by a letter summer, fall, winter; ∼110 households Season Harvest Report (FWS Form 3– of invitation issued by a local Tribal or surveyed per year). The North Slope 2381–7) indicating whether they Village Council within the harvest area. form has 2 sheets (spring and summer; harvested birds and eggs, and if so, the (2) Tribal Council Invitation Permit: ∼150 households surveyed per year). kinds and amounts of birds and eggs This rulemaking action establishes a The Cordova form has only 1 sheet harvested. Permit holders submit the permit as another method to invite an (spring; ∼27 households surveyed per completed form by mail to the ADFG for immediate family member residing in year). The weighted average for the data analysis (the form includes the an excluded area to participate in the whole survey is 2.96 seasonal sheets return address and is postage-paid). To spring-summer subsistence hunt in the (rounded as 3 for calculation of burden ensure a more complete harvest Upper Copper Region. The permit, estimates). Each seasonal sheet has reporting, the ADFG will mail a post- issued by the Tribal Council or their drawings of bird species, next to which season harvest survey to permit holders authorized Tribal representative, are fields to record the number of birds who did not submit a completed in- certifies that the prospective hunter is and eggs harvested. Because bird season harvest log. The post-season mail an immediate family member as defined

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20317

in 50 CFR 92.4 and is thereby that published on April 8, 2014 (79 FR (2) The accuracy of our estimate of the authorized to assist family members in 19454), authorized spring-summer burden for this collection of hunting migratory birds in the Upper harvest of migratory birds by residents information, including the validity of Copper River Region. The permit is of the community of Cordova in the Gulf the methodology and assumptions used; valid for 2 years from the date of of Alaska region. In 2017, the (3) Ways to enhance the quality, issuance. regulations were updated to allow utility, and clarity of the information to (3) Tribal Council Notifications to residents of the neighboring be collected; and AMBCC: Tribal Councils will provide a communities of Tatitlek and Chenega to (4) How might the agency minimize list of permittees to the Executive harvest in the area defined for the the burden of the collection of Director of the AMBCC. Cordova harvest (82 FR 16298, April 4, information on those who are to (4) AMBCC Notification to Alaska 2017). Local partners including the Eyak respond, including through the use of Regional Office of Law Enforcement: Tribe and the U.S. Forest Service appropriate automated, electronic, Upon receiving copies of the letters of Chugach Subsistence Program in mechanical, or other technological invitation and issued permits from Cordova worked in close collaboration collection techniques or other forms of Tribal and Village Councils, the AMBCC with the ADFG Division of Subsistence information technology, e.g., permitting Executive Director will inform the to develop a household registration and electronic submission of response. Service’s Alaska Regional Office of Law harvest monitoring system using a post- This final rule is effective Enforcement (AK–OLE) within 2 season mail survey. Household immediately upon publication, for the business days. To date, only two letters registrations are issued by the Tribal reasons set forth above under Immediate have been received. councils of the communities of Cordova, Effective Date. We will, however, accept (5) Kodiak Island Roaded Area Tatitlek, and Chenega as well as by the and consider all public comments Experimental Season Permit: The U.S. Forest Service Chugach concerning the information collection Service’s 2020 final rule (RIN 1018– Subsistence Program in Cordova. The requirements received in response to BF12, 85 FR 73233, November 17, 2020) registration form includes fields to write this final rule. Send your written comments and suggestions on this approved a 3-year experimental season the permit holder’s name and mailing for migratory bird hunting and egg information collection to the Service address as well as a field for the permit gathering in the Kodiak Island Roaded Information Collection Clearance holder to sign acknowledging the terms Area in the Kodiak Archipelago Region Officer, U.S. Fish and Wildlife Service, of the permit. The permit also includes (50 CFR 92.31). Harvesting in the 5275 Leesburg Pike, MS: PRB (JAO/3W), fields to write the names of other Kodiak roaded area requires a Falls Church, VA 22041–3803 (mail); or household members authorized to mandatory permit and harvest reporting. [email protected] (email). Please harvest under the registration. The Sun’aq Tribe of Kodiak worked in reference ‘‘OMB Control Number 1018– Registration data are securely disposed close collaboration with the ADFG BF08’’ in the subject line of your of after completion of the annual harvest Division of Subsistence to develop a comments. National Environmental data collection and analysis. permit and harvest monitoring system. Policy Act Consideration (42 U.S.C. Permits are issued by the Sun’aq Tribe Title of Collection: Regulations for the 4321 et seq.) of Kodiak to individual harvesters. The Taking of Migratory Birds for Implementation of the Service’s 2013 Sun’aq Tribe provide copies of issued Subsistence Uses in Alaska, 50 CFR part supplemental environmental impact permits to the ADFG Division of 92. statement on the hunting of migratory Subsistence, which uses this OMB Control Numbers: 1018–0178. birds resulted in changes to the overall information to manage the harvest Form Numbers: None. timing of the annual regulatory schedule reporting system. The permit includes Type of Review: New. for the establishment of migratory bird fields to write the permit holder’s name Respondents/Affected Public: hunting regulations and the Alaska and mailing address as well as a field Individuals and Tribal governments. migratory bird subsistence harvest for the permit holder to sign Total Estimated Number of Annual regulations. The programmatic acknowledging the terms of the permit. Respondents: 234. document, ‘‘Second Final Supplemental The permit also includes a map of the Total Estimated Number of Annual Environmental Impact Statement: harvest area and description of the Responses: 234. Issuance of Annual Regulations harvest regulations including the list of Estimated Completion Time per Permitting the Sport Hunting of species open to harvest. Permit data are Response: Varies from 15 minutes to 30 Migratory Birds (EIS 20130139),’’ securely disposed of after completion of minutes, depending on activity. addresses compliance with the National the annual harvest data collection and Total Estimated Number of Annual Environmental Policy Act by the Service analysis. Burden Hours: 62. for issuance of the annual framework The regulation allows a 3-year Respondent’s Obligation: Required to regulations for hunting of migratory experimental season (this rule updates obtain or retain a benefit. game bird species. We published a the seasons from 2020–2022 to 2021– Frequency of Collection: On occasion. notice of availability in the Federal 2023) for migratory bird hunting and egg Total Estimated Annual Nonhour Register on May 31, 2013 (78 FR 32686), gathering by registration permit along Burden Cost: None. and our Record of Decision on July 26, the Kodiak Island Roaded Area in the As part of our continuing effort to 2013 (78 FR 45376). Kodiak Archipelago Region of Alaska. reduce paperwork and respondent The annual regulations and options The experimental season will terminate burdens, we invite the public and other are considered in a January 2021 at the completion of the third year in Federal agencies to comment on any environmental assessment, ‘‘Managing 2023. Reopening the Roaded Area after aspect of this information collection, Migratory Bird Subsistence Hunting in the 3-year experimental period will including: Alaska: Hunting Regulations for the require a subsequent proposal for (1) Whether or not the collection of 2021 Spring/Summer Harvest.’’ Copies continuation of the season under either information is necessary for the proper are available from the person listed operational or experimental status. performance of the functions of the under FOR FURTHER INFORMATION (6) Cordova Harvest Household agency, including whether or not the CONTACT or at http:// Registration: The Service’s final rule information will have practical utility; www.regulations.gov.

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20318 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations

Energy Supply, Distribution, or Use named Fairbanks North Star Borough (5) Cackling Goose (Branta (Executive Order 13211) Excluded Area. hutchinsii)—except in the Semidi Executive Order 13211 requires * * * * * Islands. (6) Canada Goose (Branta canadensis). agencies to prepare Statements of (d) Participation by permanent (7) Tundra Swan (Cygnus Energy Effects when undertaking certain residents of excluded areas. Immediate columbianus)—except in Units 9(D) and actions. This is not a significant family members who are residents of 10. regulatory action under this Executive excluded areas may participate in the customary spring and summer (8) Blue-winged Teal (Spatula Order; it allows only for traditional discors). subsistence harvest and improves subsistence harvest in a community’s subsistence area with permission of the (9) Northern Shoveler (Spatula conservation of migratory birds by clypeata). allowing effective regulation of this Village or Tribal council, whichever is appropriate, to assist indigenous (10) Gadwall (Mareca strepera). harvest. Further, this rule is not (11) Eurasian Wigeon (Mareca inhabitants in meeting their nutritional expected to significantly affect energy penelope). and other essential needs or for the supplies, distribution, or use. Therefore, (12) American Wigeon (Mareca teaching of cultural knowledge using a Statement of Energy Effects is not americana). required. one of the following procedures: (13) Mallard (Anas platyrhynchos). (1) A letter of invitation will be sent Reference Cited (14) Northern Pintail (Anas acuta). by the Tribal or village council to the (15) Green-winged Teal (Anas crecca). Osnas, E. 2020. A simple state space hunter with a copy to the Executive (16) Canvasback (Aythya valisineria). model framework to predict harvest Director of the Co-management Council, (17) Redhead (Aythya americana). management survey observations in who will inform the Service’s Alaska (18) Ring-necked Duck (Aythya 2020. USFWS, publ. analyses: https:// Region Law Enforcement Office and the collaris). github.com/USFWS/StateSpace- Service’s Co-management Council (19) Greater Scaup (Aythya marila). Prediction-2020. Coordinator within 2 business days. The (20) Lesser Scaup (Aythya affinis). Service will then inform any affected (21) King Eider (Somateria List of Subjects in 50 CFR Part 92 Federal agency when residents of spectabilis). Hunting, Treaties, Wildlife. excluded areas are allowed to (22) Common Eider (Somateria participate in the subsistence harvest mollissima). Regulation Promulgation within their Federal lands. (23) Harlequin Duck (Histrionicus For the reasons set out in the (2) For the Upper Copper River histrionicus). preamble, we amend title 50, chapter I, Region, a permit may be issued by the (24) Surf Scoter (Melanitta subchapter G, of the Code of Federal Tribal Council or their authorized Tribal perspicillata). Regulations as follows: representative to the invited hunter (25) White-winged Scoter (Melanitta certifying that the permit holder is an deglandi). PART 92—MIGRATORY BIRD immediate family member authorized to (26) Black Scoter (Melanitta SUBSISTENCE HARVEST IN ALASKA assist eligible family members in americana). hunting migratory birds in the Tribe’s (27) Long-tailed Duck (Clangula ■ 1. The authority citation for part 92 subsistence harvest area. A permit is hyemalis). continues to read as follows: valid for 2 years from date of issuance. (28) Bufflehead (Bucephala albeola). Authority: 16 U.S.C. 703–712. A list of permit holders will be sent to (29) Common Goldeneye (Bucephala clangula). ■ 2. Amend § 92.5 by revising the Executive Director of the Co- management Council, who will inform (30) Barrow’s Goldeneye (Bucephala paragraphs (b)(3) and (d) to read as islandica). follows: the Service’s Alaska Region Office of Law Enforcement and the Service’s Co- (31) Hooded Merganser (Lophodytes § 92.5 Who is eligible to participate? management Council Coordinator cucullatus). (32) Common Merganser (Mergus * * * * * within 2 business days. The Service will merganser). then inform any affected Federal agency (b) * * * (33) Red-breasted Merganser (Mergus when residents of excluded areas are (3) The Central Interior Excluded Area serrator). allowed to participate in the subsistence comprises the following: The Fairbanks (b) Family Podicipedidae. (1) Horned harvest within their Federal lands. North Star Borough and that portion of Grebe (Podiceps auritus). Unit 20(A) east of the Wood River ■ 3. Amend § 92.22 by revising (2) Red-necked Grebe (Podiceps drainage and south of Rex Trail, paragraphs (a) through (l) and adding grisegena). including the upper Wood River paragraph (m) to read as follows: (c) Family Gruidae. (1) Sandhill Crane drainage south of its confluence with (Antigone canadensis). Chicken Creek; that portion of Unit § 92.22 Subsistence migratory bird (2) [Reserved] 20(C) east of Denali National Park north species. (d) Family Haematopodidae. (1) Black to Rock Creek and east to Unit 20(A); * * * * * Oystercatcher (Haematopus bachmani). and that portion of Unit 20(D) west of (a) Family Anatidae. (2) [Reserved] the Tanana River between its confluence (1) Emperor Goose (Anser (e) Family Charadriidae. (1) Black- with the Johnson and Delta Rivers, west canagicus)—except no egg gathering is bellied Plover (Pluvialis squatarola). of the east bank of the Johnson River, permitted. (2) Common Ringed Plover and north and west of the Volmar (2) Snow Goose (Anser caerulescens). (Charadrius hiaticula). drainage, including the Goodpaster (3) Greater White-fronted Goose (f) Family Scolopacidae. (1) Bar-tailed River drainage. The following (Anser albifrons). Godwit (Limosa lapponica). communities are within the Excluded (4) Brant (Branta bernicla)—except no (2) Ruddy Turnstone (Arenaria Area: Delta Junction/Big Delta/Fort egg gathering is permitted in the Yukon/ interpres). Greely, McKinley Park/Village, Healy, Kuskokwim Delta and the North Slope (3) Sharp-tailed Sandpiper (Calidris Ferry, and all residents of the formerly regions. acuminata).

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Rules and Regulations 20319

(4) Dunlin (Calidris alpina). (9) Crested Auklet (Aethia cristatella). (m) Family Strigidae. (1) Great Horned (5) Baird’s Sandpiper (Calidris (10) Rhinoceros Auklet (Cerorhinca Owl (Bubo virginianus). bairdii). monocerata). (2) Snowy Owl (Bubo scandiacus). (6) Least Sandpiper (Calidris (11) Horned Puffin (Fratercula ■ 4. Amend § 92.31 by revising minutilla). corniculata). paragraph (e) to read as follows: (7) Semipalmated Sandpiper (Calidris (12) Tufted Puffin (Fratercula pusilla). cirrhata). § 92.31 Region-specific regulations. (8) Western Sandpiper (Calidris (i) Family Laridae. (1) Black-legged * * * * * mauri). Kittiwake (Rissa tridactyla). (e) Kodiak Archipelago region. The (9) Long-billed Dowitcher (2) Red-legged Kittiwake (Rissa Kodiak Island Roaded Area is open to (Limnodromus scolopaceus). brevirostris). the harvesting of migratory birds and (10) Common Snipe (Gallinago (3) Ivory Gull (Pagophila eburnea). their eggs by registration permit only as gallinago). (4) Sabine’s Gull (Xema sabini). administered by the Alaska Department (11) Wilson’s Snipe (Gallinago (5) Bonaparte’s Gull (Chroicocephalus of Fish and Game, Division of delicata). philadelphia). Subsistence, in cooperation with the (12) Spotted Sandpiper (Actitis (6) Mew Gull (Larus canus). Sun’aq Tribe of Kodiak. No hunting or macularius). (7) Herring Gull (Larus argentatus). egg gathering for Arctic terns, Aleutian (13) Lesser Yellowlegs (Tringa (8) Slaty-backed Gull (Larus terns, mew gulls, and emperor geese is flavipes). schistisagus). allowed for the Kodiak Island Roaded (14) Greater Yellowlegs (Tringa (9) Glaucous-winged Gull (Larus Area Registration Permit Hunt. The melanoleuca). glaucescens). Kodiak Island Roaded Area consists of (15) Red-necked Phalarope (10) Glaucous Gull (Larus that portion of Kodiak Island (including (Phalaropus lobatus). hyperboreus). exposed tidelands) south of a line from (16) Red Phalarope (Phalaropus (11) Aleutian Tern (Onychoprion Termination Point along the north side fulicarius). aleuticus). of Cascade Lake to Anton Larsen Bay (g) Family Stercorariidae. (1) (12) Arctic Tern (Sterna paradisaea). and east of a line from Crag Point to the Pomarine Jaeger (Stercorarius (j) Family Gaviidae. (1) Red-throated west end of Saltery Cove. Marine waters pomarinus). Loon (Gavia stellata). adjacent to the Kodiak Island Roaded (2) Parasitic Jaeger (Stercorarius (2) Arctic Loon (Gavia arctica). Area within 500 feet from the water’s parasiticus). (3) Pacific Loon (Gavia pacifica). edge are included in the Kodiak Island (3) Long-tailed Jaeger (Stercorarius (4) Common Loon (Gavia immer). Roaded Area. The Kodiak Island Roaded longicaudus). (5) Yellow-billed Loon (Gavia Area does not include islands offshore (h) Family Alcidae. (1) Common adamsii)—In the North Slope Region of Kodiak Island. A registration permit Murre (Uria aalge). only, a total of up to 20 yellow-billed is not required to hunt on lands and (2) Thick-billed Murre (Uria lomvia). loons inadvertently caught in fishing waters outside the Kodiak Island (3) Black Guillemot (Cepphus grylle). nets may be kept for subsistence Roaded Area. (4) Pigeon Guillemot (Cepphus purposes. * * * * * columba). (k) Family Procellariidae. (1) Northern (5) Cassin’s Auklet (Ptychoramphus Fulmar (Fulmarus glacialis). Shannon A. Estenoz, aleuticus). (2) [Reserved] Principal Deputy Assistant Secretary for Fish (6) Parakeet Auklet (Aethia (l) Family Phalacrocoracidae. (1) and Wildlife and Parks, Exercising the psittacula). Double-crested Cormorant Delegated Authority of the Assistant Secretary (7) Least Auklet (Aethia pusilla). (Phalacrocorax auritus). for Fish and Wildlife and Parks. (8) Whiskered Auklet (Aethia (2) Pelagic Cormorant (Phalacrocorax [FR Doc. 2021–07899 Filed 4–16–21; 8:45 am] pygmaea). pelagicus). BILLING CODE 4333–15–P

VerDate Sep<11>2014 16:00 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00067 Fmt 4700 Sfmt 9990 E:\FR\FM\19APR1.SGM 19APR1 jbell on DSKJLSW7X2PROD with RULES 20320

Proposed Rules Federal Register Vol. 86, No. 73

Monday, April 19, 2021

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Handling of Confidential or Proprietary contains notices to the public of the proposed Information and SSI Submitted in issuance of rules and regulations. The Public Participation and Request for Public Comments purpose of these notices is to give interested Comments persons an opportunity to participate in the Do not submit comments that include rule making prior to the adoption of the final DHS invites interested persons to trade secrets, confidential business rules. comment on this RFI by submitting information, or sensitive security written comments, data, or views. See information 1 (SSI) to the public ADDRESSES above for information on regulatory docket. Please submit such DEPARTMENT OF HOMELAND where to submit comments. Except as comments separately from other SECURITY stated below, all comments received comments on the RFI. Commenters submitting this type of information 6 CFR Part 37 may be posted without change to http:// www.regulations.gov, including any should contact the individual in the FOR [Docket No. DHS–2020–0028] personal information you have FURTHER INFORMATION CONTACT section provided. for specific instructions. Minimum Standards for Driver’s DHS will not place comments Licenses and Identification Cards Commenter Instructions containing SSI, confidential business Acceptable by Federal Agencies for information, or trade secrets in the Official Purposes; Mobile Driver’s DHS invites comments on any aspect public docket and will handle them in Licenses of this RFI, and welcomes any accordance with applicable safeguards additional comments and information and restrictions on access. DHS will AGENCY: Office of Strategy, Policy and that would promote an understanding of Plans, Department of Homeland hold documents containing SSI, the broader implications of acceptance Security (DHS). confidential business information, or of mobile or digital driver’s licenses by trade secrets in a separate file to which ACTION: Request for comment. Federal agencies for official purposes. the public does not have access and SUMMARY: The Department of Homeland This includes comments relating to the place a note in the public docket Security (DHS) is issuing this request for economic, privacy, security, explaining that commenters have information (RFI) to inform an environmental, energy, or federalism submitted such documents. DHS may upcoming rulemaking that would impacts that might result from a future include a redacted version of the address security standards and rulemaking based on input received as comment in the public docket. If an requirements for the issuance of mobile a result of this RFI. In addition, DHS individual requests to examine or copy or digital driver’s licenses to enable includes specific questions in this RFI information that is not in the public Federal agencies to accept these immediately following the discussion of docket, DHS will treat it as any other credentials for official purposes as the relevant issues. DHS asks that each request under the Freedom of defined in the REAL ID Act and commenter include the identifying Information Act (FOIA) (5 U.S.C. 552) and DHS’s FOIA regulation found in 6 regulation. number of the specific question(s) to CFR part 5. DATES: Interested persons are invited to which they are responding. Each submit comments on or before June 18, comment should also explain the Abbreviations and Terms Used in This 2021. commenter’s interest in this RFI and Document ADDRESSES: You may submit comments how their comments should inform AAMVA—American Association of Motor through the Federal e-Rulemaking DHS’s consideration of the relevant Vehicle Administrators Portal at http://www.regulations.gov. issues. DL/ID—Driver’s License/Identification Use the Search bar to find the docket, DHS asks that commenters provide as DMV—Department of Motor Vehicles (or using docket number DHS–2020–0028. equivalent agency) See the ‘‘Public Participation and much information as possible, including NFC—Near Field Communication Request for Comments’’ portion of the any supporting research, evidence, or IEC—International Electrotechnical SUPPLEMENTARY INFORMATION section for data. In some areas, DHS requests very Commission further instructions on submitting specific information. Whenever ISO—International Organization for Standardization comments. possible, please provide citations and copies of any relevant studies or reports mDL—Mobile or Digital Driver’s License/ FOR FURTHER INFORMATION CONTACT: Identification Card on which you rely, as well as any Steve Yonkers, Director, REAL ID NIST—National Institute for Standards and Program, Office of Strategy, Policy, and additional data which supports your Technology Plans, United States Department of comment. It is also helpful to explain PKI—Public Key Infrastructure Homeland Security, Washington, DC the basis and reasoning underlying your QR Code—Quick Response Code RFI—Request for Information 20528, [email protected], 202– comment. Although responses to all questions are preferable, DHS 447–3274; and, George Petersen, 1 recognizes that providing detailed ‘‘Sensitive Security Information’’ or ‘‘SSI’’ is Program Manager, Enrollment Services information obtained or developed in the conduct and Vetting Programs, Transportation comments on every question could be of security activities, the disclosure of which would Security Administration, Springfield, burdensome and will consider all constitute an unwarranted invasion of privacy, comments, regardless of whether the reveal trade secrets or privileged or confidential VA 20598, [email protected], information, or be detrimental to the security of 571–227–2215. Please do not submit response is complete. transportation. The protection of SSI is governed by responses to these addresses. 49 CFR part 1520.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20321

WiFi—Wireless Fidelity Review,’’ as reaffirmed by President transaction.5 An mDL is a digital Table of Contents Biden’s Memorandum on Modernizing representation of the identity Regulatory Review (January 20, 2021), information contained on a state-issued I. Introduction calling for periodic review of existing physical DL/ID.6 An mDL may be stored II. Background rules with attention to those that ‘‘may on, or accessed through, a diverse range A. Digital Identity and mDLs Generally be outmoded, ineffective, insufficient, of portable or mobile electronic devices, B. REAL ID Act, Current Regulatory Requirements, and the Need To Amend or excessively burdensome.’’ such as smartphones, smartwatches, and 7 the Regulation For this new RFI, DHS seeks input storage devices containing memory. C. Industry Standards and Guidelines for concerning technical approaches, Like a physical DL/ID, mDL data mDLs applicable industry standards, and best originates from identity information D. Relevant Terminology practices to ensure that mDLs can be about an individual that is maintained III. Model for mDL Acceptance by Federal issued and verified/authenticated with in the database of a state Department of Agencies for Official Purposes features to ensure security, privacy, and Motor Vehicles (DMV) or equivalent A. Generally agency. Although mDLs are a recent B. mDL Issuance identity fraud detection. We also are C. Communication Interfaces interested in any data that can be development, many states have begun to 1. DMV and mDL Device: Provisioning provided on the cost of requirements pilot or issue mDLs, and public interest 2. mDL Device and Federal Agency: necessary to permit federal acceptance in mDLs is high. Offline Data Transfer of mDLs and the benefits of such B. REAL ID Act, Current Regulatory 3. Federal Agency and DMV: Online Data requirements, as well as the benefits of Transfer and Offline Authentication 285 Requirements, and the Need To Amend permitting use of mDLs (e.g., the Regulation D. Other Considerations quantifiable cost-savings from being 1. Data Trust and Security Features The REAL ID Act of 2005 and 2. Data Freshness able to use a REAL ID-compliant mDL rather than a REAL ID-compliant implementing regulation set minimum 3. Verification requirements for state-issued DL/ID IV. Questions for Commenters physical driver’s license or identification card (DL/ID)).4 accepted by Federal agencies for official I. Introduction purposes, including accessing Federal DHS requests comments from the DHS is issuing this RFI to solicit facilities, boarding federally regulated public and interested stakeholders, commercial aircraft, entering nuclear comments from the public to help including entities engaged in the inform a potential rulemaking that power plants, and any other purposes development, testing, integration, and that the Secretary shall determine.8 Full would amend 6 CFR part 37 to set the implementation of mDLs and related minimum technical requirements and enforcement of the REAL ID regulation technologies into systems or processes 9 security standards for mobile or digital begins October 1, 2021. Beginning on which historically relied upon physical that day, Federal agencies may only driver’s licenses/identification cards DL/ID. To facilitate development of the (collectively ‘‘mobile driver’s licenses’’ accept state-issued DL/ID for official regulation, DHS is primarily seeking purposes if that DL/ID is REAL ID- or ‘‘mDLs’’) to enable Federal agencies comments that identify specific to accept mDLs for official purposes compliant DL/ID and issued by a REAL capabilities and technologies, actionable 10 2 ID compliant state. under the REAL ID Act and regulation. data, security and privacy risks and This RFI is not related to the previously The Act defines a driver’s license as benefits, and economic (i.e., cost/ ‘‘a license issued by a State authorizing published DHS request for comment on benefit) data. November 7, 2019, entitled, ‘‘Automated an individual to operate a motor vehicle Solutions for the Submission of REAL Comments received may enable the on public streets, roads, or highways,’’ ID Source Documents.’’ 3 The scope of Department to consider potential and an identification card as ‘‘an that request for comment concerned the regulatory amendments that realize the identification document issued by a process for presenting the identity and benefits of mDLs in a competitively- State or local government solely for the 11 lawful status documentation during the neutral, technology-agnostic manner, purpose of identification.’’ Because an application process for obtaining a complementary to the rapid technological innovations occurring in 5 See generally NIST Special Pub. 800–63–3, REAL ID compliant driver’s license or Digital Identity Guidelines (June 2017) at 2, identification card. Specifically, the this space. DHS may contact individual commenters for more information. DHS available at https://nvlpubs.nist.gov/nistpubs/ request for comment sought input on SpecialPublications/NIST.SP.800-63-3.pdf. technologies that could assist states and reserves the right to use and share the 6 A technical description of mDLs as envisioned their residents in the digital submission, information submitted with other by the American Association of Motor Vehicle Administrators may be found at https:// receipt, and authentication of such federal agencies for purposes related to administering the REAL ID Act and www.aamva.org/Mobile-Drivers-License/. documentation. 7 One notable feature of mDLs is the ability of an This RFI supports the implementing regulations. mDL Holder to control what data fields are released Administration’s general goals of II. Background to a Federal agency. An mDL holder can authorize reducing or eliminating unjustified a Federal agency to receive only the data fields that A. Digital Identity and mDLs Generally the agency requires for its transaction. complexity and excessive 8 REAL ID Act of 2005 sec. 201(1) and (2). administrative burdens, consistent with Digital identity is generally 9 6 CFR 37.5(b). the law and statutory goals. This effort recognized as the digital representation 10 Id. is also consistent with the principles set of an individual in an electronic 11 REAL ID Act of 2005 sec. 201(1) and (2). On forth in Executive Order 13563, December 21, 2020, Congress passed the REAL ID ‘‘Improving Regulation and Regulatory Modernization Act, which (among other things) 4 Regardless of whether DHS amends the would amend the definitions of ‘‘driver’s license’’ regulation, and consistent with the REAL ID Act and ‘‘identification card’’ to specifically include 2 The REAL ID Act of 2005—Title II of division and regulation’s applicability to physical DL/ID, mobile or digital driver’s licenses that have been B of the FY05 Emergency Supplemental compliant states may issue mDLs that are not REAL issued in accordance with regulations prescribed by Appropriations Act, as amended, Public Law 109– ID compliant, provided they are appropriately the Secretary. Sec. 1001 of the REAL ID 13, 49 U.S.C. 30301 note; REAL ID Driver’s Licenses marked and use a unique design or color to indicate Modernization Act, Title X of Division U of the and Identification Cards, 6 CFR part 37. that they are not acceptable by Federal agencies for Consolidated Appropriations Act, 2021, available at 3 84 FR 60104 (Nov. 7, 2019). official purposes. See 6 CFR 37.71. Continued

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20322 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

mDL is issued for use as identification regulation.18 In addition to some Association of Motor Vehicle or to convey driving privileges, an mDL, requirements that are not applicable to Administrators (AAMVA) has published therefore, must meet applicable REAL mDLs, the regulation does not address Implementation Guidelines ID security requirements in order for the technological and functional recommending extensions to the draft federal agencies to accept them for considerations specific to mDLs, and standard that would adapt it for DMVs official purposes.12 Examples of such appropriate to protect data as well as in the United States.21 security requirements applicable to individual privacy. In addition to standard ISO/IEC physical cards include ‘‘common Accordingly, receipt of information 18013–5, DHS understands that ISO/IEC machine-readable technology’’ and from this RFI will help inform any subcommittees are drafting additional ‘‘security features designed to prevent potential updates to the regulation to standards that may set forth further account for this new technology, tampering, counterfeiting, or requirements for mDLs. For example, including security standards for states to duplication . . . for fraudulent ISO/IEC 23220–3 would set incorporate into their issuance and purposes.’’ 13 requirements that govern the step of production processes to enable federal ‘‘provisioning’’ (see Part D, below). This On January 29, 2008, DHS published agencies to accept mDLs as REAL ID- project, however, is in early stages of a final rule implementing the Act’s compliant identification for official development; final drafts are not requirements.14 The regulation purposes. anticipated in the near term, and may prescribes requirements for the issuance C. Industry Standards and Guidelines not publish at all if the subcommittees and production of DL/ID in order for for mDLs cannot achieve consensus. Federal agencies to accept those documents for official purposes. Two international standards-setting D. Relevant Terminology Because these regulatory requirements organizations, the International For purposes of this RFI only, the were developed for a physical document Organization for Standardization (ISO) following description of key terms is and International Electrotechnical provided to ensure a consistent world, long before the advent of mDLs, 19 some of the requirements may not be Commission (IEC), are jointly drafting understanding of terminology in this fully applicable to mDLs. For example, standards relevant to mDLs. DHS RFI. understands that at least one such the regulation requires compliant DL/ • Authenticate means establishing standard under development, ISO/IEC IDs to include numerous features that that a certain thing (e.g., mDL Data) 18013–5, will set forth requirements are typically applicable to physical DL/ belongs to its purported owner (e.g., concerning communication protocols, ID media, such as ‘‘easily identifiable mDL Holder) and has not been altered. data structures, methods for identity • visual or tactile [security] features’’ on A Certificate Authority issues verification, data integrity and the surface of a card to enable physical Digital Certificates that are used to 15 protection mechanisms for certify the identity of parties in a digital detection of fraudulent DL/ID, authentication, and enable ‘‘[m]achine-readable technology on the transaction. interoperability with a wide range of • Data Freshness refers to the back of the card,’’ 16 and State plans for mobile devices and readers. The synchronization of mDL Data stored on the security of ‘‘[s]torage areas for card Department has participated in the a mobile device to data in a DMV’s stock and other materials used in card development of this standard as a 17 database, within a specified time period. production.’’.’’ Such surface-level member of the United States national • Department of Motor Vehicles and/or physical security features do not body member of the Joint Technical (DMV) refers to the state agency or its apply to mDLs, which rely primarily on Committee developing the standard.20 authorized agent responsible for issuing electronic security features and other Through its involvement, DHS an mDL and for maintaining mDL data measures that are not addressed in the understands that the final standard may in its database. be published by early 2021. • Digital Certificates establish the https://docs.house.gov/billsthisweek/20201221/ Because the draft ISO/IEC 18013–5 identities of parties in an electronic BILLS-116HR133SA-RCP-116-68.pdf. standard is being developed for transaction, such as recipients or digital 12 This interpretation is also consistent with the worldwide application, it may not meet Act’s primary purpose, which was to raise the signatories of encrypted data. security bar for state-issued drivers’ licenses and all requirements necessary for use • Digital Signatures are mathematical identification. The REAL ID Act sec. 202(b). within the United States. The American algorithms routinely used to validate the Security features must ‘‘prevent tampering, authenticity and integrity of a message. counterfeiting, or duplication of the document for 18 These mDL-specific security features must be • fraudulent purposes.’’ Cong. Rec.—House H453 Identity Proofing refers to a series of readable by DHS security technologies, such as steps that a DMV executes to prove the (Feb. 9, 2005) (‘‘Certainly all of us who board planes Credential Authentication Technology (CAT). want to know that there is some integrity to our ID 19 ISO is an independent, non-governmental identity of a person. system in this country and that terrorists are not international organization with a membership of • Identity Verification is the boarding planes by the use of a state-issued 164 national standards bodies. ISO creates identification card.’’); Cong. Rec.—House H453 at confirmation that identity data belongs documents that provide requirements, H463 (Feb. 9, 2005) (‘‘sources of identity are the last to its purported holder. specifications, guidelines or characteristics that can opportunity to ensure that people are who they say • be used consistently to ensure that materials, Issuance includes the various they are’’). products, processes and services are fit for their processes of a DMV to approve an 13 REAL ID Act sec. 202(b)(8) and (9). purpose. The IEC publishes consensus-based individual’s application for a REAL ID 14 Minimum Standards for Driver’s Licenses and International Standards and manages conformity Identification Cards Acceptable by Federal driver’s license or identification card. assessment systems for electric and electronic • An mDL is a digital representation Agencies for Official Purposes; Final Rule, 73 FR products, systems and services, collectively known 5272 (January 29, 2008); codified at 6 CFR part 37. as ‘‘electrotechnology.’’ ISO and IEC standards are of the information on a state-issued Currently, the regulation provides that beginning voluntary and do not include contractual, legal or physical DL/ID, and is stored on, or October 1, 2021, Federal agencies may only accept statutory obligations. ISO and IEC standards contain accessed via, a mobile device. REAL ID-compliant DL/ID for official purposes, both mandatory requirements and optional • mDL Data is an individual’s including boarding federally regulated commercial recommendations, and are implemented by aircraft. adopting mandatory requirements. identity and DL/ID data that is stored 15 6 CFR 37.15(c) & 37.17(h). 20 A member of the Transportation Security 16 6 CFR 37.17(i) & 37.19. Administration serves as DHS’s representative to 21 AAMVA Mobile Driver License (mDL) 17 6 CFR 37.41(b)(1)(ii). the Working Group. Implementation Guidelines, April 2019.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20323

and maintained in a database controlled to mDL implementation at all federal fundamentally different from the mDL by a DMV and may also be stored and agencies, this section discusses the provisioning process, which involves maintained on an individual’s mDL. requirements being considered in the unique steps not applicable to physical • mDL Holder refers to the owner of context of DHS’s envisioned reference DL/ID. DMVs will continue to be a mobile device. implementation and interoperability required to meet existing identity and • mDL Reader refers to an electronic model. DHS believes that the following lawful status documentation and device that ingests mDL Data from a description of the reference verification requirements required mobile device. implementation will help focus public under the REAL ID Act and • Offline means no live connection to comment on this RFI. DHS invites implementing regulation for REAL ID the internet. comments that address the near- and compliant DL/ID, both physical and • Online means a live connection to long-term considerations relevant to mDLs. the internet. DHS’s model and welcomes comments • C. Communication Interfaces An mDL Public Key Distributor is a regarding other models that could be trusted entity responsible for compiling deployed at federal agencies. Generally, mDL-based identity and distributing Digital Certificates verification involves a series of issued by DMVs. A. Generally transactions between an issuing • Public Key Infrastructure (PKI) Consistent with draft standard ISO/ authority (here, a DMV), a mobile means a structure where a Certificate IEC 18013–5, DHS envisions a process device, and a verifying entity (here, Authority uses Digital Certificates for in which a DMV would be responsible federal agencies). Specifically, the DMV Identity Proofing and for issuing, for issuing an mDL and enabling a user’s would provision mDL Data onto a renewing, and revoking digital mobile device to store and/or access mobile device, and an mDL Holder credentials. mDL data. A Federal agency would use would authorize release of relevant mDL • Provisioning refers to the various an mDL Reader to retrieve from a mobile Data from the device to a federal agency, steps required for a DMV to securely device or from the DMV only the mDL which would confirm data authenticity place an mDL onto a mobile device. Data needed for the purpose of the and choose whether to accept the mDL • Token means a cryptographic key transaction. An individual’s mDL for its purpose. These transactions used to authenticate a person’s identity. Device would transmit mDL Data, or a would require an architecture consisting III. Model for mDL Acceptance by digital ‘‘token,’’ to the reader via of communication interfaces among a Federal Agencies for Official Purposes wireless or secure optical (1) DMV and mobile device, (2) mobile communication protocols (but not, for device and federal agency, and (3) For Federal agencies to accept mDLs example, a static image of the driver’s federal agency and DMV (or an for official purposes, an mDL ecosystem license or identification card, or any aggregator, such as a Public Key must allow for trusted and secure aspect of the physical card, reproduced Distributor, or a centralized bridge to communications between a DMV, a from a physical driver’s license). The connect DMVs to a common 22 mobile device, and a federal agency. reader should be capable of, and have infrastructure). Draft standard ISO/IEC Fundamentally, such a system would necessary permissions for, transacting 18013–5 establishes requirements provide functionality analogous to the with mDLs issued by any DMV, and be governing the latter two interfaces. The physical security features required agnostic to mobile devices, operating communication interfaces enable the under 6 CFR 37.15 that are designed to systems, and mDL apps. Such parties to exchange information and deter forgery and counterfeiting, interoperability would require DMVs, assess if the mDL Data (1) was promote confidence in the authenticity app developers, and device provisioned by a trusted source (the of the DL/ID, and facilitate detection of manufacturers to conform to criteria DMV), (2) belongs to the individual fraud. established by ISO/IEC 18013–5 and asserting it, and (3) was transmitted to DHS is exploring various applicable Federal regulations. Both the and received by an agency unaltered. technological solutions to determine reader and mobile device would require how to implement such a secure system the capability to communicate and 1. DMV and mDL Device: Provisioning across the full range of federal agency authenticate the mDL data in at least This communication interface enables use cases. Preliminarily, DHS believes offline (no internet connection) mode. the step of ‘‘provisioning.’’ Generally, that federally-accepted mDLs should The system would require digital ‘‘provisioning,’’ which follows issuance, address, as a baseline capability, the security protocols to protect the is the process where a DMV would security, privacy, integrity, and trust confidentiality, privacy, security, and authorize the secure storage of mDL features that are set forth in draft integrity of the mDL data, through its Data onto a mobile device, enable the standard ISO/IEC 18013–5, and possibly full lifecycle. device to receive the data from a DMV, the AAMVA Implementation and transmit the data to the device. The Guidelines. However, those normative B. Physical DL/ID Issuance and mDL initial step of provisioning requires references should be viewed as a Provisioning proving that the target mobile device starting point, pending publication of ‘‘Issuance’’ is the process where a belongs to the mDL applicant. Next, a the final documents, resolution of DMV processes an application for a trusted connection would be established potential gaps in those documents, REAL ID compliant DL/ID and issues between the DMV and the target mobile future technical developments and the physical card to the individual. device. Finally, the DMV would use this emerging technologies, and other Provisioning (see Part C.1., below), connection to securely transmit and implementation considerations. For which follows issuance sequentially, is update mDL Data on the device (or illustrative purposes, and to develop a process used to establish that an mDL enable the device to access the data). issues and questions that are applicable applicant is the rightful owner of Generally, mDLs can be provisioned identity data, approve an individual’s in-person or remotely based on 22 Whether a state law enforcement entity refuses application to receive an mDL, and individual DMV preference. ‘‘In-person’’ to accept mDLs as driver’s licenses is not relevant to DHS’s determination of whether an mDL falls securely place the mDL on an provisioning requires an individual to within the REAL ID Act’s definition of ‘‘driver’s individual’s mobile device. The bring a mobile device and identity license.’’ issuance process for a REAL ID DL/ID is documents to a physical DMV location,

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20324 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

which would then confirm the Device are not connected to the concerning the security and privacy individual’s identity and provision mDL internet). risks, as well as mitigating solutions, Data onto the target mobile device. Under draft standard ISO/IEC 18013– concerning both offline and online data ‘‘Remote’’ provisioning, in contrast, 5, a secure communication channel transfer modes. does not require an individual to be could be established via NFC or QR D. Other Considerations physically present at a DMV location. Codes, and data transmission could Instead, individuals would occur using a higher bandwidth 1. Data Trust and Security Features channel, such as Bluetooth Low Energy, electronically send identity verification Fundamentally, Federal agencies information to the DMV to establish WiFi Aware, or NFC. DHS may reference pertinent requirements of the cannot accept an mDL unless the agency their identities and ownership of the can authenticate the identity target device. The Department is not draft standard in a future rulemaking and seeks comments (see Part IV) on information. This means confidence that aware of any mature industry the mDL Data came from a trusted 23 this approach. standards defining standardized source (the DMV), and the mDL Data communication protocols to assure In an offline data transfer mode, an mDL Holder initiates the transaction was transmitted to the agency unaltered. comparable levels of trust between the The current regulation establishes such in-person and remote methods of and authorizes release of mDL data to a 24 ‘‘trust’’ by requiring physical DL/IDs to provisioning. Accordingly, DHS seeks federal agency’s mDL Reader. Draft standard ISO/IEC 18013–5 would allow include physical security features on the comment (see Part IV) on the security surface of a card that are designed to and privacy risks, as well as mitigating an mDL Holder to release only the data necessary for the purpose of the deter and detect forgery and solutions, concerning provisioning to counterfeiting. As mDLs lack a physical ensure that federal agencies can trust transaction (e.g., identity verification), while blocking the Agency’s ability to form they cannot overtly display mDLs provisioned either in-person or physical security features. Therefore, remotely. DHS also seeks comments view any other mDL data (e.g., organ donor status). The mDL data would then regulatory requirements for physical concerning which methods of security features on a physical substrate provisioning provide the security, be transferred directly from a mobile device to the federal agency, which need to be updated to establish privacy, and trust appropriate for comparable mDL-specific security acceptance by federal agencies. would need to authenticate the data and verify that it originated with a DMV and features. Regarding the storage and protection was not altered. This is known as DHS is aware of at least two means of of mDL data on a mobile device (known ‘‘offline authentication,’’ and is extending security features to the digital as ‘‘data at rest’’), DHS is aware of at discussed below. medium: (1) For offline transactions, least two notional types of solutions: (1) asymmetric cryptography/public key A hardware-based option, where the 3. Federal Agency and DMV: Online infrastructure (PKI), and (2) for online mobile device private key and/or mDL Data Transfer and Offline transactions, establishing a secure Data would be stored in and/or secured Authentication communication channel with a trusted by a mobile device’s secure hardware, Draft standard ISO/IEC 18013–5 sets Issuing Authority. With respect to and (2) a software-based option, where forth requirements governing the offline transactions, ‘‘asymmetric the private key and/or data would reside communication interface between a cryptography’’ generates a pair of within a third-party app installed on a federal agency and a DMV, which encryption ‘‘keys’’ to decrypt protected mobile device, secured by the device’s enables (1) online data transfer, and (2) data. One key, a ‘‘public key,’’ is key chain management interface. offline authentication. distributed publicly, while the other Preliminarily, DHS believes that both In an online transaction, a federal key, the ‘‘private key,’’ is held by the solutions offer advantages and agency would receive mDL Data directly DMV. When a DMV issues an mDL, the disadvantages. Given the absence of from a DMV instead of from a mobile DMV uses its private key to digitally mature industry standards for storing device. In this step, a mobile device ‘‘sign’’ the mDL data. A Federal agency and securing mDL data on a device, would first pass a token to a Federal confirms the integrity of the mDL data however, the Department seeks agency, which would use the token to by obtaining the DMV’s public key to comment (see Part IV) on preferred retrieve mDL Data from the DMV. Draft verify the digital signature. With the solutions for these considerations. standard ISO/IEC 18013–5 governs potential for 56 U.S. states 25 to issue communication protocols and methods 2. mDL Device and Federal Agency: mDLs, however, an aggregator, such as for online verification functionality. Offline Data Transfer a master list holder, or a public key This interface can also be used for distributor, or a centralized repository of Draft standard ISO/IEC 18013–5 sets offline authentication, although trusted public certificates, may be forth requirements that govern development of infrastructure and necessary for assuring that verifying communication between a mobile additional related procedures are entities have updated digitally signed device and a federal agency. This required. certificates/public keys. communication interface serves two An ISO/IEC 18013–5 compliant mDL Online transactions would require functions: (1) Establishing a secure must include both online and offline establishing a secure network communication channel between a functionality. DHS is considering connection between a Federal agency mobile device and a federal agency, and referencing pertinent parts of ISO/IEC and a DMV. This may take the form of (2) transmitting mDL Data to an agency 18013–5 in a future rulemaking and an encrypted communication channel in an ‘‘offline’’ transaction (where an seeks commenters’ views (see Part IV) agency’s mDL Reader or user’s mDL on the appropriateness of this approach. 25 The REAL ID Act defines ‘‘state’’ to mean ‘‘a In particular, DHS seeks comments State of the United States, the District of Columbia, 23 As discussed in Part II.C., above, DHS Puerto Rico, the Virgin Islands, Guam, American understands that the ISO and IEC are developing 24 Federal agencies may choose to implement an Samoa, the Northern Mariana Islands, the Trust standard ISO/IEC 23220–3, which may set forth mDL Reader using different technology. For Territory of the Pacific Islands, and any other requirements for provisioning. However, example, one embodiment could be a device territory or possession of the United States.’’ REAL publication of a final draft is not anticipated in the integrated into an agency’s Credential ID Act of 2005 sec. 201(5), as amended by sec. 2(a) near-term. Authentication Technology to receive mDL data. of Public Law 115–323 (Dec. 17, 2018).

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20325

using a DHS-approved encryption should require specific data freshness and other requirements for the surface algorithm. periods for offline transactions, as well of DL/ID. Provide comments on what For all transactions (offline and as appropriate periods for data requirements are necessary to provide online), DHS preliminarily believes freshness. comparable security assurances for mDL Data requires protection, both mDLs. 3. Verification during transmission (known as ‘‘data-in- 2. Privacy Generally. Provide transit’’) and during storage on a mobile Generally, an mDL can be verified via comments on what privacy concerns or device (known as ‘‘data-at-rest’’). Draft two methods: Attended and unattended. benefits may arise from mDL standard ISO/IEC 18013–5 requires Attended verification requires the transactions, and how DHS should or encryption of data-in-transit, but not physical presence of an attendant to should not address those concerns and data-at-rest. The AAMVA supervise the mDL transaction, whereas benefits in the REAL ID context. Explain Implementation Guidelines, however, unattended verification is performed what digital security functions or seek to address this gap by affirmatively algorithmically without the presence of features are available to protect the recommending such encryption.26 an attendant. Draft standard 18013–5 privacy of any personally identifiable Accordingly, DHS is considering sets forth requirements specifically for information submitted in mDL requiring, in a future rulemaking, attended verification, but does not transactions, including the advantages mandatory encryption of both data-in- address the unattended online model and disadvantages of each security transit and data-at-rest. DHS seeks (but DHS understands this may be the feature. comments (see Part IV) concerning subject of a future ISO/IEC project). 3. Industry Standards. Executive proposed and alternative solutions to Accordingly, additional standards and Order 12866 directs Federal agencies to provide the requisite levels of security requirements would need to be use performance-based standards to establish the trust required for established to enable Federal agencies to whenever feasible. DHS is considering Federal agencies to accept mDLs for implement unattended online including technical standards for mDL official purposes. verification. DHS seeks comments (see transactions in its proposed rule, Part IV) concerning technical 2. Data Freshness drawing heavily on standards under requirements necessary to enable development by the industry, to support Unlike physical DL/ID, mDLs have unattended online verification by compatibility and technical the potential to provide verification of Federal agencies. DHS also seeks the ‘‘freshness,’’ of identity data. For interoperability across all interested comments concerning the security and Federal agencies nationwide. If offline transactions, this enhancement privacy risks, and mitigation solutions, arises from the ability of an mDL to commenters believe an industry concerning unattended online standard should be chosen, provide communicate the last date on which verification. identity data was synchronized with the comments on how DHS should choose DMV’s database (i.e., the most recent IV. Questions for Commenters the correct standard(s) for mDLs, and on the appropriate baseline standard(s) that time and date when the DMV confirmed DHS requests comments in response DHS should impose. that the identity data remained valid), a to the following questions. We do not concept known as ‘‘data freshness.’’ intend these questions to restrict the 4. Industry Standard ISO/IEC 18013– Data freshness verification enables a issues that commenters may address. 5: Communication Interfaces Between Federal agency to trust that the identity Commenters are encouraged to address mDL Device and Federal Agency, and data is still current and valid. This issues that may not be discussed below Federal Agency and DMV. DHS may concept does not apply to online based upon their knowledge of the adopt certain requirements that may be transactions, where a Federal agency issues and implications. In providing established in forthcoming international receives data directly from the DMV your comments, please follow the industry standards that specify digital (which potentially offers even greater instructions in the Commenter security mechanisms and protocols with security, because the agency would Instructions section above. respect to the communication interface receive data updated from the DMV in 1. Security Generally. Provide between a mobile device and a Federal real-time). In contrast to mDLs, physical comments on what security risks, agency, and the communication DL/ID are static and do not instill any including data interception, alteration, interface between a Federal agency and trust of data validity or ‘‘freshness’’ and reproduction, may arise from the a DMV. beyond the expiration date printed on use of mDLs by Federal agencies for a. Provide comments on what the face of the DL/ID at the time of official purposes, which includes concerns commenters have regarding issuance. accessing Federal facilities, boarding such standards and DHS’s adoption of Preliminarily, DHS believes that federally-regulated commercial aircraft, their requirements. In particular, shorter data freshness periods may bring and entering nuclear power plants. explain whether commenters believe the security benefits, and is exploring the a. Explain what digital security current drafts of industry standard ISO/ benefits and costs of requiring specific functions or features are available to IEC 18013–5 are mature enough to data freshness periods in the regulation. detect, deter, and mitigate the security support secure and widespread Although draft standard ISO/IEC 18013– risks from mDL transactions, including deployment of mDLs. 5 specifies various data fields that the advantages and disadvantages of b. Explain the impact on stakeholders reflect when mDL data was last each security feature. and mDL issuance if such standards are refreshed, it does not require any b. Provide comments on how mDL not approved in a timely manner. specific freshness period. In addition, transactions could introduce new c. Quantify the initial and ongoing DHS understands that DMVs cybersecurity threat vectors into the IT costs to a stakeholder to implement independently establish mDL data systems of Federal agencies by, for these standards. validity periods. Because of the absence example, transmitting malicious code d. Provide comments on what, if any, of industry standards and common along with the mDL Data. key areas related to mDLs are not practices among DMVs, DHS seeks c. Sections 37.15 and 37.17 of 6 CFR covered in these standards that DHS comment (see Part IV) concerning part 37 set forth specific requirements should consider addressing by whether, and on what basis, DHS for physical security features for DL/ID regulation.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20326 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

e. Identity what, if any, alternative provide the requisite security in a presented by both offline and online standards or requirements DHS should competitively-neutral manner. data transfer modes. consider. 8. Data Freshness. Provide comments 12. Unattended Online mDL 5. Industry Standard ISO/IEC 23220– regarding whether and to what extent Verification. Provide comments on what 3: Communication Interface Between security risks concerning data validity capabilities or technologies are available DMV and mDL Device. DHS and freshness can be mitigated by to enable unattended online mDL understands that forthcoming defining the frequency by which mDL verification by Federal agencies. Explain international industry standard ISO/IEC Data should synchronize with its DMV the possible advantages and 23220–3 may specify digital security database. disadvantages of each approach. mechanisms and protocols with respect a. Provide comments regarding what a. Explain the security and privacy to the communication interface between data synchronization periods risks, from the perspective of any a DMV and a mobile device, specifically commenters believe are appropriate for stakeholder, presented by unattended concerning provisioning methods, data mDL transactions. Explain the online mDL verification. storage, and related actions. Although advantages and disadvantages of a DHS may seek to adopt certain longer or shorter periods. b. Provide comments on the security requirements anticipated to appear in b. Provide estimated costs to a protocols that would be required for this standard, the Department stakeholder to implement the data DMVs to mitigate security and privacy understands that this standard may not synchronization periods stated above. risks presented by unattended online be finalized for several years. 9. IT Security Infrastructure. Provide mDL verification. a. Explain whether commenters comments on whether IT security 13. Costs to Individuals. Provide believe the current drafts of standard infrastructure, such as Public Key comments on the estimated costs, ISO/IEC 23220–3 are mature enough to Infrastructure, would provide the level including savings, to an individual to support secure and widespread of privacy and security sufficient to obtain an mDL, including: deployment of mDLs. implement a secure and trusted operating environment, for both offline a. Time and effort required to obtain b. With the ongoing development of the mDL. ISO/IEC 23220–3, provide comments on and online use cases, and if not, explain b. Fees charged by DMVs. what, if any, alternative standards or what alternative approaches would be requirements DHS should consider better. c. Any charges for inclusion of a. Identify any what additional or before the standard is finalized. additional information on an mDL, such alternative IT security infrastructure 6. Provisioning. DHS understands that as HAZMAT endorsements, hunting, (e.g., a public key distributor or provisioning may be conducted in- fishing, or boating licenses. aggregator such as a trusted public person, remotely, or via other methods. 14. Considerations for mDL Devices certificate list, Federal PKI) that would a. Explain the security and privacy Other than Smartphones. Provide be required to facilitate trusted mDL risks, from the perspective of any comments on whether provisioning an transactions between mDL holders, stakeholder, presented by in-person, mDL on, or accessing an mDL from, a verifying entities, and issuing remote, or other provisioning methods. device other than a smartphone (e.g., a authorities. b. Provide comments on the security b. Provide estimated costs for a DMV smartwatch accessing mDL Data from a protocols that would be required for or Federal agency to implement smartphone paired to it, or a mobile DMVs to mitigate security and privacy necessary IT security infrastructure. device authorized to access mDL Data risks presented by in-person, remote, or Costs may include IT contracts, hiring stored remotely), poses security or other provisioning methods, and to full or part-time IT staff, as well as privacy considerations different than ensure at a high level of certainty that software and hardware. provisioning an mDL on, or accessing an a REAL ID compliant mDL is securely 10. Alternative IT Security Solutions. mDL from, a smartphone. Explain such provisioned to the rightful owner of the Provide comments on whether DHS security or privacy considerations and identity and the target mDL device, for should consider privacy or security how they can be mitigated. in-person or remote applications. solutions adopted in other industries, 15. Obstacles to mDL Acceptance. c. Provide comments on whether mDL such as finance (e.g., mobile payments), Describe any obstacles to public or Data should include data fields automotive/telecommunications (e.g., industry acceptance of mDLs that DHS populated with information concerning vehicle-to-vehicle or ‘‘V2V’’/‘‘V2X’’ should consider in developing its the method of provisioning used. communications), or medical (e.g., regulatory requirements. Provide d. Provide estimated costs for a DMV electronic prescriptions for controlled comments on recommendations DHS to implement in-person or remote substances), that rely on digital identity should consider addressing such provisioning. Costs may include IT and/or secure device-to-device obstacles, including how to educate the contracts, hiring full or part-time IT transactions. Explain what those public about security and privacy staff, as well as software and hardware. solutions are and how they could be aspects of digital identity and mDLs. 7. Storage. DHS understands that adapted or implemented for Federal The Department issues this RFI solely mobile device hardware- and software- mDL use cases. for information and program planning based security architectures can be used 11. Offline and Online Data Transfer purposes, and to inform a future to secure mDL Data on a mobile device. Modes. DHS understands that mDL Data rulemaking. Responses to this RFI do a. Provide comments on the may be transferred to a Federal agency not bind DHS to any further actions advantages and disadvantages, with via offline and online modes. related to the response. respect to security, functionality, and a. Explain the security and privacy interoperability, of the different mobile risks, from the perspective of any Kelli Ann Burriesci, security architectures for protecting, stakeholder, presented by both offline Acting Under Secretary, Office of Strategy, storing and assuring integrity of mDL and online data transfer modes. Policy, and Plans, United States Department Data. b. Provide comments on the security of Homeland Security. b. Explain whether a hardware- or protocols that would be required to [FR Doc. 2021–07957 Filed 4–16–21; 8:45 am] software-based solution, or both, would mitigate security and privacy risks BILLING CODE 9110–9M–P

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4702 Sfmt 9990 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20327

DEPARTMENT OF ENERGY following address: ResClothesDryers Ms. Kathryn McIntosh, U.S. [email protected]. Include Department of Energy, Office of the 10 CFR Part 430 ‘‘Notification of a webinar and General Counsel, GC–33, 1000 [EERE–2014–BT–STD–0058] availability of preliminary technical Independence Avenue SW, Washington, support document’’ and docket number DC 20585–0121. Telephone: (202) 586– RIN 1904–AD99 EERE–2014–BT–STD–0058 and/or RIN 2002. Email: Kathryn.McIntosh@ number 1904–AD99 in the subject line hq.doe.gov. Energy Conservation Program: Energy of the message. Submit electronic For further information on how to Conservation Standards for Consumer comments in WordPerfect, Microsoft submit a comment, review other public Clothes Dryers, Webinar and Word, PDF, or ASCII file format, and comments and the docket, or participate Availability of the Preliminary avoid the use of special characters or in the webinar, contact the Appliance Technical Support Document any form of encryption. and Equipment Standards Program staff AGENCY: Office of Energy Efficiency and Although DOE has routinely accepted at (202) 287–1445 or by email: Renewable Energy, Department of public comment submissions through a ApplianceStandardsQuestions@ Energy. variety of mechanisms, including postal ee.doe.gov. ACTION: Notification of a webinar and mail and hand delivery/courier, the SUPPLEMENTARY INFORMATION: Department has found it necessary to availability of preliminary technical Table of Contents support document. make temporary modifications to the comment submission process in light of I. Introduction SUMMARY: The U.S. Department of the ongoing Covid-19 pandemic. DOE is A. Authority Energy (‘‘DOE’’ or ‘‘the Department’’) currently accepting only electronic B. Rulemaking Process will hold a webinar to discuss and submissions at this time. If a commenter II. Background receive comments on the preliminary finds that this change poses an undue A. Current Standards analysis it has conducted for purposes B. Current Process hardship, please contact Appliance III. Summary of the Analyses Performed by of evaluating energy conservation Standards Program staff at (202) 586– DOE standards for consumer clothes dryers. 1445 to discuss the need for alternative A. Engineering Analysis The webinar will cover the analytical arrangements. Once the Covid-19 B. Markups Analysis framework, models, and tools that DOE pandemic health emergency is resolved, C. Energy Use Analysis is using to evaluate potential standards DOE anticipates resuming all of its D. Life-Cycle Cost and Payback Period for this product; the results of regular options for public comment Analyses preliminary analyses performed by DOE submission, including postal mail and E. National Impact Analysis IV. Public Participation for this product; the potential energy hand delivery/courier. A. Participation in the Webinar conservation standard levels derived No telefacsimiles (‘‘faxes’’) will be B. Procedure for Submitting Prepared from these analyses that DOE could accepted. For detailed instructions on General Statements for Distribution consider for this product should it submitting comments and additional C. Conduct of the Webinar determine that proposed amendments information on this process, see section D. Submission of Comments are necessary; and any other issues IV of this document. E. Issues on Which DOE Seeks Comment relevant to the evaluation of energy Docket: The docket for this activity, V. Approval of the Office of the Secretary conservation standards for consumer which includes Federal Register I. Introduction clothes dryers. In addition, DOE notices, comments, and other encourages written comments on these supporting documents/materials, is A. Authority subjects. To inform interested parties available for review at http:// The Energy Policy and Conservation and to facilitate this process, DOE has www.regulations.gov. All documents in Act, as amended (‘‘EPCA’’),1 among prepared an agenda, a preliminary the docket are listed in the http:// other things, authorizes DOE to regulate technical support document (‘‘TSD’’), www.regulations.gov index. However, the energy efficiency of a number of and briefing materials, which are some documents listed in the index, consumer products and certain available on the DOE website at: https:// such as those containing information industrial equipment. 42 U.S.C. 6291– www1.eere.energy.gov/buildings/ that is exempt from public disclosure, 6317. Title III, Part B 2 of EPCA appliance_standards/standards.aspx? may not be publicly available. established the Energy Conservation productid=50&action=viewlive. The docket web page can be found at Program for Consumer Products Other DATES: Meeting: DOE will hold a https://www.regulations.gov/ Than Automobiles. These products webinar on Wednesday, May 26, 2021, docket?D=EERE-2014-BT-STD-0058. include consumer clothes dryers, the from 10 a.m. to 3 p.m. See section IV, The docket web page contains subject of this document. 42 U.S.C. ‘‘Public Participation,’’ for webinar instructions on how to access all 6292(a)(8). EPCA prescribed energy registration information, participant documents, including public comments conservation standards for these instructions, and information about the in the docket. See section IV for products, and directed DOE to conduct capabilities available to webinar information on how to submit two cycles of rulemakings to determine participants. comments through http:// whether to amend these standards. 42 Comments: Written comments and www.regulations.gov. U.S.C. 6295(g)(4). EPCA further information will be accepted on or FOR FURTHER INFORMATION CONTACT: Mr. provides that, not later than 6 years after before, July 6, 2021. Bryan Berringer, U.S. Department of the issuance of any final rule ADDRESSES: Interested persons are Energy, Office of Energy Efficiency and establishing or amending a standard, encouraged to submit comments using Renewable Energy, Building DOE must publish either a notice of the Federal eRulemaking Portal at Technologies, EE–2J, 1000 http://www.regulations.gov. Follow the Independence Avenue SW, Washington, 1 All references to EPCA in this document refer to the statute as amended through the Energy Act instructions for submitting comments. DC 20585–0121. Telephone: (202) 586– of 2020, Public Law 116–260 (Dec. 27, 2020). Alternatively, interested persons may 0371. Email: ApplianceStandards 2 For editorial reasons, upon codification in the submit comments by email to the [email protected]. U.S. Code, Part B was redesignated Part A.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20328 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

determination that standards for the Process Rule, DOE established a avoids setting a standard that ‘‘will not product do not need to be amended, or significance threshold for energy result in significant conservation of a notice of proposed rulemaking savings under which DOE employs a energy.’’ (‘‘NOPR’’) including new proposed two-step approach that considers both EPCA defines ‘‘energy efficiency’’ as energy conservation standards an absolute site energy savings the ratio of the useful output of services (proceeding to a final rule, as threshold and a threshold that is a from a consumer product to the energy appropriate). 42 U.S.C. 6295(m)(1). Not percent reduction in the energy use of use of such product, measured later than three years after issuance of the covered product. Section 6(a) of the according to the Federal test procedures. a final determination not to amend Process Rule. (42 U.S.C. 6291(5), emphasis added) standards, DOE must publish either a DOE first evaluates the projected EPCA defines ‘‘energy use’’ as the notice of determination that standards energy savings from a potential quantity of energy directly consumed by for the product do not need to be maximum technologically feasible a consumer product at point of use, as amended, or a NOPR including new (‘‘max-tech’’) standard over a 30-year measured by the Federal test proposed energy conservation standards period against a 0.3 quadrillion British procedures. (42 U.S.C. 6291(4)) Further, (proceeding to a final rule, as thermal units (‘‘quads’’) of site energy EPCA uses a household energy appropriate). 42 U.S.C. 6295(m)(3)(B). savings threshold. Section 6(b)(2) of the consumption metric as a threshold for DOE is publishing this Preliminary Process Rule. If the 0.3-quad threshold setting standards for new covered Analysis to collect data and information is not met, DOE then compares the max- products. (42 U.S.C. 6295(l)(1)) Given to inform its decision consistent with its tech savings to the total energy usage of this context, DOE relies on site energy obligations under EPCA. the covered product to calculate a as the appropriate metric for evaluating percentage reduction in energy usage. B. Rulemaking Process the significance of energy savings. Section 6(b)(3) of the Process Rule. If DOE must follow specific statutory To determine whether a standard is this comparison does not yield a economically justified, EPCA requires criteria for prescribing new or amended reduction in site energy use of at least standards for covered products, that DOE determine whether the 10 percent over a 30-year period, the benefits of the standard exceed its including consumer clothes dryers. analysis will end and DOE will propose burdens by considering, to the greatest EPCA requires that any new or amended to determine that no significant energy extent practicable, the following seven energy conservation standard prescribed savings would likely result from setting factors: by the Secretary of Energy (‘‘Secretary’’) new or amended standards. Section be designed to achieve the maximum 6(b)(4) of the Process Rule. If either one (1) The economic impact of the improvement in energy efficiency (or of the thresholds is reached, DOE will standard on the manufacturers and water efficiency for certain products conduct analyses to ascertain whether a consumers of the products subject to the specified by EPCA) that is standard can be prescribed that standard; technologically feasible and produces the maximum improvement in (2) the savings in operating costs economically justified. 42 U.S.C. energy efficiency that is both throughout the estimated average life of 6295(o)(2)(A). Furthermore, DOE may technologically feasible and the covered products in the type (or not adopt any standard that would not economically justified and still class) compared to any increase in the result in the significant conservation of constitutes significant energy savings at price, initial charges, or maintenance energy. 42 U.S.C. 6295(o)(3)(B). The the level determined to be economically expenses for the covered products that Secretary may not prescribe an amended justified. Section 6(b)(5) of the Process are likely to result from the standard; or new standard that will not result in Rule. This two-step approach allows (3) the total projected amount of significant conservation of energy, or is DOE to ascertain whether a potential energy (or as applicable, water) savings not technologically feasible or standard satisfies EPCA’s significant likely to result directly from the economically justified. Id. energy savings requirements in 42 standard; On February 14, 2020, DOE published U.S.C. 6295(o)(3)(B) to ensure that DOE (4) any lessening of the utility or the an update to its procedures, performance of the products likely to interpretations, and policies for our workers and communities; promote and protect result from the standard; consideration in new or revised energy our public health and the environment; and (5) the impact of any lessening of conservation standards and test conserve our national treasures and monuments. To competition, as determined in writing that end, the stated policies of E.O. 13990 include: procedure, i.e., ‘‘Procedures, improving public health and protecting our by the Attorney General, that is likely to Interpretations, and Policies for environment; ensuring access to clean air and result from the standard; Consideration of New or Revised Energy water; and reducing greenhouse gas emissions. E.O. (6) the need for national energy and Conservation Standards and Test 13990 section 1. Section 2 of E.O. 13990 directs agencies, in part, to immediately review all existing water conservation; and Procedures for Consumer Products and regulations, orders, guidance documents, policies, (7) other factors the Secretary of Certain Commercial/Industrial and any other similar agency actions (‘‘agency Energy (Secretary) considers relevant. actions’’) promulgated, issued, or adopted between Equipment’’ (see 10 CFR part 430, 42 U.S.C. 6295(o)(2)(B)(i)(I)–(VII). subpart C, appendix A (‘‘Process January 20, 2017, and January 20, 2021, that are or 3 may be inconsistent with, or present obstacles to, DOE fulfills these and other Rule,’’)). 85 FR 8626. In the updated the policy set forth in the Executive Order. E.O. 13990 section 2. In addition, section 2(iii) of E.O. applicable requirements by conducting 3 On January 20, 2021, the President issued 13990 specifically directs DOE to, as appropriate a series of analyses throughout the Executive Order 13990, Protecting Public Health and consistent with applicable law, publishing for rulemaking process. Table I.1 shows the and the Environment and Restoring Science to notice and comment a proposed rule suspending, individual analyses that are performed Tackle the Climate Crisis. Exec. Order No. 13,990, revising, or rescinding the updated Process Rule. In 86 FR 7037 (Jan. 25, 2021) (‘‘E.O. 13990’’). E.O. response to this directive, DOE has undertaken a to satisfy each of the requirements 13990 affirms the Nation’s commitment to empower review of the updated Process Rule at this time. within EPCA.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20329

TABLE I.1—EPCA REQUIREMENTS AND CORRESPONDING DOE ANALYSIS

EPCA requirement Corresponding DOE analysis

Significant Energy Savings ...... • Shipments Analysis. • National Impact Analysis. • Energy and Water Use Determination. Technological Feasibility ...... • Market and Technology Assessment. • Screening Analysis. • Engineering Analysis. Economic Justification: 1. Economic impact on manufacturers and consumers ...... • Manufacturer Impact Analysis. • Life-Cycle Cost and Payback Period Analysis. • Life-Cycle Cost Subgroup Analysis. • Shipments Analysis. 2. Lifetime operating cost savings compared to increased cost for • Markups for Product Price Determination. the product. • Energy and Water Use Determination. • Life-Cycle Cost and Payback Period Analysis. 3. Total projected energy savings ...... • Shipments Analysis. • National Impact Analysis. 4. Impact on utility or performance ...... • Screening Analysis. • Engineering Analysis. 5. Impact of any lessening of competition ...... • Manufacturer Impact Analysis. 6. Need for national energy and water conservation ...... • Shipments Analysis. • National Impact Analysis. 7. Other factors the Secretary considers relevant ...... • Employment Impact Analysis. • Utility Impact Analysis. • Emissions Analysis. • Monetization of Emission Reductions Benefits. • Regulatory Impact Analysis.

Further, EPCA establishes a rebuttable function or intended use, if DOE DOE’s current test procedures for presumption that a standard is determines that products within such consumer clothes dryers address economically justified if the Secretary group: (A) Consume a different kind of standby mode and off mode energy use. finds that the additional cost to the energy from that consumed by other In this rulemaking, DOE intends to consumer of purchasing a product covered products within such type (or incorporate such energy use into any complying with an energy conservation class); or (B) have a capacity or other amended energy conservation standards standard level will be less than three performance-related feature which other it adopts in the final rule. times the value of the energy savings products within such type (or class) do Before proposing a standard, DOE during the first year that the consumer not have and such feature justifies a seeks public input on the analytical will receive as a result of the standard, higher or lower standard. 42 U.S.C. framework, models, and tools that DOE as calculated under the applicable test 6295(q)(1). In determining whether a intends to use to evaluate standards for procedure. 42 U.S.C. 6295(o)(2)(B)(iii). performance-related feature justifies a the product at issue and the results of EPCA also contains what is known as different standard for a group of preliminary analyses DOE performed for an ‘‘anti-backsliding’’ provision, which products, DOE must consider such the product. prevents the Secretary from prescribing factors as the utility to the consumer of DOE is examining whether to amend any amended standard that either the feature and other factors DOE deems the current standards for consumer increases the maximum allowable appropriate. Id. Any rule prescribing clothes dryers pursuant to its energy use or decreases the minimum such a standard must include an obligations under EPCA. This document required energy efficiency of a covered explanation of the basis on which such announces the availability of the product. 42 U.S.C. 6295(o)(1). Also, the higher or lower level was established. preliminary TSD, which details the Secretary may not prescribe an amended 42 U.S.C. 6295(q)(2). preliminary analyses and summarizes Pursuant to the amendments or new standard if interested persons the preliminary results of DOE’s contained in the Energy Independence have established by a preponderance of analyses. In addition, DOE is and Security Act of 2007 (‘‘EISA 2007’’), the evidence that the standard is likely announcing a webinar to solicit Public Law 110–140, any final rule for to result in the unavailability in the feedback from interested parties on its new or amended energy conservation United States in any covered product analytical framework, models, and standards promulgated after July 1, type (or class) of performance preliminary results. characteristics (including reliability), 2010, is required to address standby features, sizes, capacities, and volumes mode and off mode energy use. 42 II. Background U.S.C. 6295(gg)(3). Specifically, when that are substantially the same as those A. Current Standards generally available in the United States. DOE adopts a standard for a covered 42 U.S.C. 6295(o)(4). product after that date, it must, if The most recent standards rulemaking Additionally, EPCA specifies justified by the criteria for adoption of for consumer clothes dryers was requirements when promulgating an standards under EPCA (42 U.S.C. promulgated on April 21, 2011. energy conservation standard for a 6295(o)), incorporate standby mode and Specifically, DOE published a direct covered product that has two or more off mode energy use into a single final rule (the ‘‘2011 Direct Final Rule’’) subcategories. DOE must specify a standard, or, if that is not feasible, adopt amending the energy conservation different standard level for a type or a separate standard for such energy use standard for consumer clothes dryers. class of product that has the same for that product. 42 U.S.C. 6295(gg)(3). 76 FR 22454 (Apr. 21, 2011). The energy

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20330 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

conservation standards, as amended in 80 FR 16309 (Mar. 27, 2015). In A. Engineering Analysis the 2011 Direct Final Rule, represent the addition, the RFI solicited information current standards and are based on the from the public to help DOE determine The purpose of the engineering combined energy factor (‘‘CEF’’)—a whether amended standards for analysis is to establish the relationship metric that incorporates energy use in consumer clothes dryers would result in between the efficiency and cost of active mode, standby mode, and off a significant amount of additional consumer clothes dryers. There are two mode. Compliance with the current energy savings, and whether those elements to consider in the engineering standards was required as of January 1, standards would be technologically analysis; the selection of efficiency 2015. 76 FR 52852 (Aug. 24, 2011). feasible and economically justified. Id. levels to analyze (i.e., the ‘‘efficiency The March 2015 RFI is available at analysis’’) and the determination of TABLE II.1—CURRENT CONSUMER https://www.regulations.gov/document? consumer clothes dryer cost at each CLOTHES DRYERS STANDARDS D=EERE-2014-BT-STD-0058-0001. efficiency level (i.e., the ‘‘cost In response to the publication of the analysis’’). In determining the performance of higher-efficiency Product class CEF March 2015 RFI, DOE received (lbs/kWh) comments regarding DOE’s analytical consumer clothes dryers, DOE considers approach from interested parties, technologies and design option (A) Vented Electric, Standard combinations not eliminated by the (4.4 ft3 or greater capacity) ..... 3.73 including manufacturers, trade (B) Vented Electric, Compact associations, environmental and energy screening analysis. For each product (120V) (less than 4.4 ft3 ca- efficiency advocates, and other class, DOE estimates the baseline cost, pacity) ...... 3.61 interested parties. as well as the incremental cost for the (C) Vented Electric, Compact product at efficiency levels above the 3 Comments received since publication (240V) (less than 4.4 ft ca- of the March 2015 RFI have helped DOE baseline. The output of the engineering pacity) ...... 3.27 analysis is a set of cost-efficiency (D) Vented Gas ...... 3.30 identify and resolve issues related to the preliminary analyses. Chapter 2 of the ‘‘curves’’ that are used in downstream (E) Ventless Electric, Compact analyses (i.e., the LCC and PBP analyses (240V) (less than 4.4 ft3 ca- preliminary TSD summarizes and pacity) ...... 2.55 addresses the comments received. and the NIA). (F) Ventless Electric, Combina- See Chapter 5 of the preliminary TSD tion Washer-Dryer ...... 2.08 III. Summary of the Analyses for additional detail on the engineering Performed by DOE analysis. On December 16, 2020, DOE For the products covered in this B. Markups Analysis published a final rule establishing a preliminary analysis, DOE conducted separate product classes for consumer in-depth technical analyses in the The markups analysis develops clothes dryers that offer cycle times for following areas: (1) Engineering; (2) appropriate markups (e.g., retailer a ‘‘normal’’ cycle 4 of less than 30 markups to determine product price; (3) markups, distributor markups, minutes. 85 FR 81359 (Dec. 16, 2020) energy use; (4) life-cycle cost (‘‘LCC’’) (‘‘December 2020 Final Rule’’). Because contractor markups) in the distribution and payback period (‘‘PBP’’); and (5) chain and sales taxes to convert no such ‘‘short-cycle’’ consumer clothes national impacts. The preliminary TSD dryers are currently on the market in the manufacturer production cost (‘‘MPC’’) that presents the methodology and estimates derived in the engineering United States, DOE did not include results of each of these analyses is analysis of this newly established analysis to consumer prices, which are available at https://www1.eere. then used in the LCC and PBP analysis product class in the preliminary TSD. energy.gov/buildings/appliance_ As noted, section 2 of E.O. 13990 and in the manufacturer impact standards/standards.aspx?productid= directs agencies, in part, to immediately analysis. At each step in the distribution 50&action=viewlive. review all existing regulations, orders, channel, companies mark up the price guidance documents, policies, and any DOE also conducted, and has of the product to cover business costs other similar agency actions (‘‘agency included in the preliminary TSD, and profit margin. several other analyses that support the actions’’) promulgated, issued, or DOE developed baseline and major analyses or are preliminary adopted between January 20, 2017, and incremental markups for each actor in analyses that will be expanded upon if January 20, 2021, that are or may be the distribution chain. Baseline DOE determines that a NOPR is inconsistent with, or present obstacles markups are applied to the price of warranted to propose amended energy to, the policy set forth in the Executive products with baseline efficiency, while conservation standards. These analyses Order. E.O. 13990 section 2. In response incremental markups are applied to the include: (1) The market and technology to this directive, DOE has undertaken a difference in price between baseline and assessment; (2) the screening analysis, review of the new, short cycle product higher-efficiency models (the which contributes to the engineering classes for clothes dryers at this time. incremental cost increase). The analysis; and (3) the shipments analysis, incremental markup is typically less B. Current Process which contributes to the LCC and PBP than the baseline markup and is analysis and the national impact DOE published a request for designed to maintain similar per-unit analysis (‘‘NIA’’). In addition to these information (‘‘RFI’’) on March 27, 2015 operating profit before and after new or analyses, DOE has begun preliminary (the ‘‘March 2015 RFI’’) describing the amended standards.5 approaches and methods DOE will use work on the manufacturer impact in evaluating potential amended analysis and has identified the methods 5 Because the projected price of standards- standards for consumer clothes dryers. to be used for the consumer subgroup compliant products is typically higher than the analysis, the emissions analysis, the price of baseline products, using the same markup 4 Section 3.3.2 of Appendix D2 requires that the employment impact analysis, the for the incremental cost and the baseline cost would ‘‘normal’’ program shall be selected for the test regulatory impact analysis, and the result in higher per-unit operating profit. While cycle; for clothes dryers that do not have a utility impact analysis. DOE will such an outcome is possible, DOE maintains that in ‘‘normal’’ program, the cycle recommended by the markets that are reasonably competitive it is manufacturer for drying cotton or linen clothes expand upon these analyses in the unlikely that standards would lead to a sustainable shall be selected. NOPR should one be issued. increase in profitability in the long run.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20331

Chapter 6 of the preliminary TSD levels).6 DOE calculates the NES and U.S.C. 6295(o)(3)(B)) DOE seeks provides details on DOE’s development NPV for the potential standard levels comment on the estimated combined of markups for consumer clothes dryers. considered based on projections of total site energy savings, and the annual product shipments, along with determination that the energy savings C. Energy Use Analysis the annual energy consumption and potential for consumer clothes dryers The purpose of the energy use total installed cost data from the energy are more than the 0.3-quad threshold analysis is to determine the annual use and LCC analyses. For the present established by the Process Rule. energy consumption of consumer analysis, DOE projected the energy Chapter 10 of the preliminary TSD clothes dryers at different efficiencies in savings, operating cost savings, product addresses the NIA. representative U.S. single-family homes, costs, and NPV of consumer benefits IV. Public Participation and multi-family residences, and to over the lifetime of consumer clothes assess the energy savings potential of dryers sold from 2024 to 2053. DOE invites public input in this increased consumer clothes dryer DOE evaluates the impacts of new or process through participation in the efficiency. The energy use analysis amended standards by comparing a case webinar and submission of written estimates the range of energy use of without such standards with standards- comments and information. After the consumer clothes dryers in the field case projections. The no-new-standards webinar and the closing of the comment (i.e., as they are actually used by case characterizes energy use and period, DOE will consider all timely- consumers). The energy use analysis consumer costs for each product class in submitted comments and additional provides the basis for other analyses the absence of new or amended energy information obtained from interested DOE performed, particularly conservation standards. For this parties, as well as information obtained assessments of the energy savings and projection, DOE considers historical through further analyses. Following the savings in consumer operating costs trends in efficiency and various forces such consideration, the Department will that could result from adoption of that are likely to affect the mix of publish either a proposed determination amended or new standards. efficiencies over time. DOE compares that the standards for consumer clothes Chapter 7 of the preliminary TSD the no-new-standards case with dryers need not be amended or a addresses the energy use analysis. projections characterizing the market for proposed rule to amend the current each product class if DOE adopted new standards. Members of the public would D. Life-Cycle Cost and Payback Period or amended standards at specific energy be given an opportunity to submit Analyses efficiency levels for that class. For each written and oral comments on either The effect of new or amended energy efficiency level, DOE considers how a proposal. conservation standards on individual given standard would likely affect the A. Participation in the Webinar consumers usually involves a reduction market shares of products with in operating cost and an increase in efficiencies greater than the standard. The time and date of the webinar are purchase cost. DOE used the following DOE uses a spreadsheet model to listed in the DATES section at the two metrics to measure consumer calculate the energy savings and the beginning of this document. Webinar impacts: national consumer costs and savings registration information, participant • The LCC is the total consumer from each efficiency level. Interested instructions, and information about the expense of an appliance or product over parties can review DOE’s analyses by capabilities available to webinar the life of that product, consisting of changing various input quantities participants will be published on DOE’s total installed cost (manufacturer selling within the spreadsheet. The NIA website at https://cms.doe.gov/eere/ price, distribution chain markups, sales spreadsheet model uses typical values buildings/public-meetings-and- tax, and installation costs) plus (as opposed to probability distributions) comment-deadlines. Participants are operating costs (expenses for energy use, as inputs. Critical inputs to this analysis responsible for ensuring their systems maintenance, and repair). To compute include shipments projections, are compatible with the webinar the operating costs, DOE discounts estimated product lifetimes, product software. future operating costs to the time of installed costs and operating costs, DOE encourages those who wish to purchase and sums them over the product annual energy consumption, participate in the webinar to obtain the lifetime of the product. the no-new-standards case efficiency preliminary TSD from DOE’s website • The PBP is the estimated amount of projection, and discount rates. and to be prepared to discuss its time (in years) it takes consumers to DOE estimates a combined total of contents. Once again, a copy of the recover the increased purchase cost 2.61 quads of site energy savings at the preliminary TSD is available at: https:// (including installation) of a more- max- tech efficiency levels for consumer www1.eere.energy.gov/buildings/ efficient product through lower clothes dryers (Efficiency Level 6 for appliance_standards/standards.aspx? operating costs. DOE calculates the PBP vented electric standard and compact productid=50&action=viewlive. by dividing the change in purchase cost units, Efficiency Level 4 for vented gas However, webinar participants need not at higher efficiency levels by the change standard and compact units, and limit their comments to the topics in annual operating cost for the year that Efficiency Level 2 for ventless electric identified in the preliminary TSD; DOE amended or new standards are assumed units). Combined site energy savings at is also interested in receiving views to take effect. Efficiency Level 1 for all product classes concerning other relevant issues that Chapter 8 of the preliminary TSD are estimated to be 0.48 quads. participants believe would affect energy addresses the LCC and PBP analyses. Therefore, DOE has determined the conservation standards for this product or that DOE should address in a NOPR E. National Impact Analysis potential energy savings for consumer clothes dryers are more than the 0.3 should one be issued. The NIA estimates the national energy quads of site energy threshold savings (‘‘NES’’) and the net present B. Procedure for Submitting Prepared established by the Process Rule and are General Statements for Distribution value (‘‘NPV’’) of total consumer costs considered significant under EPCA. (42 and savings expected to result from Any person who has an interest in the amended standards at specific efficiency 6 The NIA accounts for impacts in the 50 states topics addressed in this document, or levels (referred to as candidate standard and U.S. territories. who is representative of a group or class

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20332 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

of persons that has an interest in these permit, as time permits, other will see only first and last names, issues, may request an opportunity to participants to comment briefly on any organization names, correspondence make an oral presentation at the general statements. containing comments, and any webinar. Such persons may submit such At the end of all prepared statements documents submitted with the request to ApplianceStandards on a topic, DOE will permit participants comments. [email protected]. Persons who to clarify their statements briefly. Do not submit to http:// wish to speak should include with their Participants should be prepared to www.regulations.gov information for request a computer file in WordPerfect, answer questions by DOE and by other which disclosure is restricted by statute, Microsoft Word, PDF, or text (ASCII) file participants concerning these issues. such as trade secrets and commercial or format that briefly describes the nature DOE representatives may also ask financial information (hereinafter of their interest in this rulemaking and questions of participants concerning referred to as Confidential Business the topics they wish to discuss. Such other matters relevant to this Information (‘‘CBI’’)). Comments persons should also provide a daytime rulemaking. The official conducting the submitted through http:// telephone number where they can be webinar/public meeting will accept www.regulations.gov cannot be claimed reached. additional comments or questions from as CBI. Comments received through the Persons requesting to speak should those attending, as time permits. The website will waive any CBI claims for briefly describe the nature of their presiding official will announce any the information submitted. For interest in this rulemaking and provide further procedural rules or modification information on submitting CBI, see the a telephone number for contact. DOE of the above procedures that may be Confidential Business Information requests persons selected to make an needed for the proper conduct of the section. oral presentation to submit an advance webinar. DOE processes submissions made copy of their statements at least two A transcript of the webinar will be through http://www.regulations.gov weeks before the webinar. At its included in the docket, which can be before posting. Normally, comments discretion, DOE may permit persons viewed as described in the Docket will be posted within a few days of who cannot supply an advance copy of section at the beginning of this being submitted. However, if large their statement to participate, if those document. In addition, any person may volumes of comments are being persons have made advance alternative buy a copy of the transcript from the processed simultaneously, your arrangements with the Building transcribing reporter. comment may not be viewable for up to several weeks. Please keep the comment Technologies Office. As necessary, D. Submission of Comments requests to give an oral presentation tracking number that http:// should ask for such alternative DOE will accept comments, data, and www.regulations.gov provides after you arrangements. information regarding this preliminary have successfully uploaded your analysis no later than the date provided comment. C. Conduct of the Webinar in the DATES section at the beginning of Submitting comments via email. DOE will designate a DOE official to this Notification of a webinar and Comments and documents submitted preside at the webinar/public meeting availability of preliminary technical via email also will be posted to http:// and may also use a professional support document. Interested parties www.regulations.gov. If you do not want facilitator to aid discussion. The may submit comments using any of the your personal contact information to be meeting will not be a judicial or methods described in the ADDRESSES publicly viewable, do not include it in evidentiary-type public hearing, but section at the beginning of this your comment or any accompanying DOE will conduct it in accordance with document. documents. Instead, provide your section 336 of EPCA. 42 U.S.C. 6306. A Submitting comments via http:// contact information in a cover letter. court reporter will be present to record www.regulations.gov. The http:// Include your first and last names, email the proceedings and prepare a www.regulations.gov web page will address, telephone number, and transcript. DOE reserves the right to require you to provide your name and optional mailing address. The cover schedule the order of presentations and contact information. Your contact letter will not be publicly viewable as to establish the procedures governing information will be viewable to DOE long as it does not include any the conduct of the webinar. There shall Building Technologies staff only. Your comments not be discussion of proprietary contact information will not be publicly Include contact information each time information, costs or prices, market viewable except for your first and last you submit comments, data, documents, share, or other commercial matters names, organization name (if any), and and other information to DOE. No regulated by U.S. anti-trust laws. After submitter representative name (if any). telefacsimiles (faxes) will be accepted. the webinar and until the end of the If your comment is not processed Comments, data, and other comment period, interested parties may properly because of technical information submitted to DOE submit further comments on the difficulties, DOE will use this electronically should be provided in proceedings and any aspect of the information to contact you. If DOE PDF (preferred), Microsoft Word or rulemaking. cannot read your comment due to Excel, WordPerfect, or text (ASCII) file The webinar will be conducted in an technical difficulties and cannot contact format. Provide documents that are not informal, conference style. DOE will you for clarification, DOE may not be secured, that are written in English, and present summaries of comments able to consider your comment. that are free of any defects or viruses. received before the webinar, allow time However, your contact information Documents should not contain special for prepared general statements by will be publicly viewable if you include characters or any form of encryption participants, and encourage all it in the comment itself or in any and, if possible, they should carry the interested parties to share their views on documents attached to your comment. electronic signature of the author. issues affecting this rulemaking. Each Any information that you do not want Campaign form letters. Please submit participant will be allowed to make a to be publicly viewable should not be campaign form letters by the originating general statement (within time limits included in your comment, nor in any organization in batches of between 50 to determined by DOE), before the document attached to your comment. 500 form letters per PDF or as one form discussion of specific topics. DOE will Otherwise, persons viewing comments letter with a list of supporters’ names

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20333

compiled into one or more PDFs. This 3. Incremental Efficiency Levels 9. Historical Shipments of Consumer Clothes Dryers reduces comment processing and DOE developed efficiency levels posting time. based on its review of market data and DOE requests historical shipments Confidential Business Information. product testing consistent with products data for consumer clothes dryers, Pursuant to 10 CFR 1004.11, any person available on the U.S. market. DOE disaggregated by product class. DOE submitting information that he or she requests comment from interested also seeks historical shipments data believes to be confidential and exempt parties on whether these efficiency showing percentage of shipments by by law from public disclosure should levels are appropriate for this analysis. efficiency level for as many product submit via email two well-marked classes as possible. copies: One copy of the document 4. Standby Power 10. Product Lifetime marked ‘‘confidential’’ including all the DOE measured a range of standby information believed to be confidential, power among the consumer clothes As discussed in chapter 8 of the and one copy of the document marked dryers in its test sample. However, preliminary TSD, the 2014 issue of ‘‘non-confidential’’ with the information through testing and reverse-engineering, Appliance magazine provides estimates believed to be confidential deleted. DOE DOE did not identify any design options of 7, 15, and 11 years for electric clothes will make its own determination about for improving efficiency in standby dryers and 7, 16, and 12 years for gas the confidential status of the mode or off mode. All of the products clothes dryers, as the respective low, information and treat it according to its in the DOE test sample that were high, and average lifetimes. These determination. equipped with electronic controls used estimates represent the expert judgment It is DOE’s policy that all comments switch-mode power supplies, as of Appliance staff based on input may be included in the public docket, opposed to less efficient linear power obtained from various sources. Because without change and as received, supplies, and automatically powered the basis for the estimates in the including any personal information down the display after a period of user magazine was uncertain, DOE provided in the comments (except inactivity. DOE seeks comment on developed a method using household information deemed to be exempt from whether there are any design options or survey data to estimate the distribution public disclosure). control strategies available to reduce of consumer clothes dryer lifetimes in E. Issues on Which DOE Seeks Comment standby mode power consumption. the field. RECS records the presence and age of various appliances in each DOE is interested in receiving 5. Design Options and Cost Estimates household. Data from the U.S. Census’s comments from interested parties on all As discussed further in chapters 3 American Housing Survey (‘‘AHS’’), aspects of the preliminary TSD, through 5 of the preliminary TSD, DOE which surveys all housing, including especially comments or data that might developed a preliminary list of vacant and second homes, enabled DOE improve DOE’s analyses. DOE welcomes technology options and design paths for to adjust the most recent RECS data to data or information that will help improving consumer clothes dryer reflect the presence of appliances resolve the following specific issues, efficiency. DOE requests feedback on outside of primary residences. By which were raised during preparation of whether there are additional combining the results of both surveys the preliminary TSD. technologies available that may improve with the known history of appliance 1. Consumer Clothes Dryer Product consumer clothes dryer performance. shipments, DOE estimated the Classes and Ventless Electric Standard DOE also seeks comment on whether percentage of appliances of a given age Clothes Dryers the manufacturer production costs at still in operation and developed the each efficiency level are appropriate appliance survival function in the form DOE requests comment on the current given the associated incremental of a cumulative Weibull distribution, product classes for consumer clothes changes manufacturers would likely providing an average and a median dryers. DOE also seeks feedback on make to meet these levels. appliance lifetime. DOE’s approach current and projected shipments of yields an average age of 14 years for ventless electric standard clothes dryers, 6. Energy Use Analysis both electric and gas clothes dryers, which are not currently considered a DOE relied on usage information for with a distribution ranging between 2 separate product class as this consumer clothes dryers as determined and 30 years with varying probability of configuration has only recently been from the Residential Energy survival. introduced on the market. Consumption Survey (‘‘RECS’’) 2015 to DOE requests comment from 2. Baseline Efficiency establish the annual number of cycles interested parties on the for consumer clothes dryers. DOE appropriateness of the two sources To establish baseline efficiency levels requests input on its proposed method (DOE’s approach of using survey data for each of the product classes, DOE for determining usage hours and energy and Appliance magazine) for the current relied on test data using Appendix D2 use. analysis. In the case of Appliance from products in the DOE test sample. magazine’s estimates, DOE welcomes 7. Maintenance and Repair Costs DOE seeks comment and additional test any supporting evidence or data from data from interested parties to DOE seeks input from interested stakeholders that corroborates the characterize the baseline efficiency parties on characterizing maintenance magazine’s estimate. levels for each product class. In and repair costs for more-efficient 11. National Impact Analysis particular, DOE requests Appendix D2 consumer clothes dryers. test data disaggregated into standby DOE seeks comment on the estimated 8. Efficiency Distribution of Consumer mode/off mode and active mode energy combined total site energy savings, and Clothes Dryers use for each product class, as well as the the determination that the energy type of automatic termination controls DOE requests data from interested savings potential for consumer clothes (e.g., electronic versus parties to characterize the current mix of dryers are more than the 0.3-quad electromechanical controls, temperature consumer clothes dryer efficiencies in threshold established by the Process sensing versus moisture sensing, etc.). the market. Rule.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20334 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

12. Manufacturer Subgroups implements the Fair Debt Collection I. Summary of the Proposed Rule DOE seeks comment on any other Practices Act (FDCPA). Both final rules In October and December 2020, the potential manufacturer subgroups, have an effective date of November 30, Bureau released final rules to revise besides small business manufacturers, 2021. The Bureau is proposing to extend Regulation F, 12 CFR part 1006, which that could be disproportionally affected that effective date by 60 days, until implements the FDCPA (together, the January 29, 2022. by potential amended energy Debt Collection Final Rules). The Debt conservation standards for consumer DATES: Comments must be received on Collection Final Rules prescribe Federal clothes dryers. or before May 19, 2021. rules governing the activities of debt ADDRESSES: You may submit comments, collectors, as that term is defined in the V. Approval of the Office of the identified by Docket No. CFPB–2021– FDCPA, and have an effective date of Secretary 0007 or RIN 3170–AA41, by any of the November 30, 2021.1 In light of the The Secretary of Energy has approved following methods: ongoing societal disruption caused by • publication of this notification of a Federal eRulemaking Portal: http:// the global COVID–19 pandemic, the webinar and availability of preliminary www.regulations.gov. Follow the Bureau is proposing to extend that technical support document. instructions for submitting comments. • effective date. To afford stakeholders Email: 2021-NPRM- additional time to review and, if Signing Authority [email protected]. Include applicable, to implement the Debt This document of the Department of Docket No. CFPB–2021–0007 or RIN Collection Final Rules, the Bureau is Energy was signed on April 11, 2021, by 3170–AA41 in the subject line of the proposing to extend the effective date by Kelly Speakes-Backman, Principal message. • 60 days, to January 29, 2022. This Deputy Assistant Secretary and Acting Mail/Hand Delivery/Courier: proposal requests comment on whether Assistant Secretary for Energy Efficiency Comment Intake—Debt Collection the Bureau should extend the effective and Renewable Energy, pursuant to Effective Date, Bureau of Consumer date of the Debt Collection Final Rules, delegated authority from the Secretary Financial Protection, 1700 G Street NW, and if so, whether 60 days is an of Energy. That document with the Washington, DC 20552. appropriate length of time for such an Instructions: The Bureau encourages original signature and date is extension. maintained by DOE. For administrative the early submission of comments. All purposes only, and in compliance with submissions should include the agency II. Background name and docket number or Regulatory requirements of the Office of the Federal A. The Debt Collection Final Rules Register, the undersigned DOE Federal Information Number (RIN) for this The first debt collection final rule, Register Liaison Officer has been rulemaking. Because paper mail in the released on October 30, 2020, addresses, authorized to sign and submit the Washington, DC, area and at the Bureau among other topics, communications in document in electronic format for is subject to delay, and in light of connection with debt collection and publication, as an official document of difficulties associated with mail and prohibitions on harassment or abuse, the Department of Energy. This hand deliveries during the COVID–19 false or misleading representations, and administrative process in no way alters pandemic, commenters are encouraged unfair practices in debt collection. The the legal effect of this document upon to submit comments electronically. In first final rule also addresses the use of publication in the Federal Register. general, all comments received will be posted without change to https:// newer communication technologies in Signed in Washington, DC, on April 13, www.regulations.gov. In addition, once debt collection and establishes record 2021. the Bureau’s headquarters reopens, retention requirements. Treena V. Garrett, comments will be available for public The second debt collection final rule, Federal Register Liaison Officer, U.S. inspection and copying at 1700 G Street released on December 18, 2020, focuses Department of Energy. NW, Washington, DC 20552, on official on debt collection disclosures and [FR Doc. 2021–07823 Filed 4–16–21; 8:45 am] business days between the hours of 10 addresses, among other topics, the BILLING CODE 6450–01–P a.m. and 5 p.m. Eastern Time. You can information that debt collectors must make an appointment to inspect the provide consumers at the outset of documents by telephoning 202–435– collections communications. The BUREAU OF CONSUMER FINANCIAL 7275. second final rule also prohibits debt PROTECTION All comments, including attachments collectors from bringing or threatening and other supporting materials, will to bring a legal action against a 12 CFR Part 1006 become part of the public record and consumer to collect a time-barred debt subject to public disclosure. Proprietary and prohibits debt collectors from [Docket No. CFPB–2021–0007] information or sensitive personal furnishing information about a debt to a RIN 3170–AA41 information, such as account numbers consumer reporting agency before the or Social Security numbers, or names of debt collector takes certain actions to Debt Collection Practices (Regulation other individuals, should not be contact the consumer about the debt. F); Delay of Effective Date included. Comments will not be edited B. Proposed Effective Date to remove any identifying or contact AGENCY: Bureau of Consumer Financial information. The Debt Collection Final Rules have Protection. an effective date of November 30, 2021, FOR FURTHER INFORMATION CONTACT: ACTION: Proposed rule; request for Seth or one year after the first debt collection public comment. Caffrey, Courtney Jean, or Kristin final rule was published in the Federal McPartland, Senior Counsels, Office of Register. In finalizing that effective date SUMMARY: In 2020, the Bureau of Regulations, at 202–435–7700. If you for both final rules, the Bureau Consumer Financial Protection (Bureau) require this document in an alternative concluded that all stakeholders would finalized two rules titled Debt electronic format, please contact CFPB_ Collection Practices (Regulation F). The [email protected]. 1 85 FR 76734 (Nov. 30, 2020); 86 FR 5766 (Jan. rules revise Regulation F, which SUPPLEMENTARY INFORMATION: 19, 2021).

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20335

benefit if both rules had the same detail in those final rules.4 As amended consult, before and during the effective date, and the Bureau by the Dodd-Frank Act, FDCPA section rulemaking, with appropriate prudential determined that a one-year period from 814(d) authorizes the Bureau to regulators or other Federal agencies, the publication date of the first final ‘‘prescribe rules with respect to the regarding consistency with the rule would provide debt collectors collection of debts by debt collectors,’’ objectives those agencies administer. In sufficient time to implement the as defined in the FDCPA.5 Section developing the proposed rule, the provisions of both rules.2 1032(a) of the Dodd-Frank Act provides Bureau has consulted, or offered to Since the Debt Collection Final Rules that the Bureau may prescribe rules to consult with, the appropriate prudential were published, the global COVID–19 ensure that the features of any consumer regulators and other Federal agencies, pandemic has continued to cause financial product or service, both including regarding consistency with widespread societal disruption, with initially and over the term of the any prudential, market, or systemic effects extending into 2021. In light of product or service, are fully, accurately, objectives administered by such that disruption, the Bureau believes that and effectively disclosed to consumers providing additional time for in a manner that permits consumers to agencies. stakeholders to review and, if understand the costs, benefits, and risks The Bureau previously considered the applicable, to implement the final rules associated with the product or service, costs, benefits, and impacts of the Debt may be warranted. The Bureau believes in light of the facts and circumstances.6 Collection Final Rules’ major that extending the rules’ effective date Additionally, under Dodd-Frank Act provisions.12 Compared to the baseline by 60 days, to January 29, 2022, may section 1022(b)(1), the Bureau has established by the rules,13 the proposed provide stakeholders with sufficient general authority to prescribe rules as extension of the rules’ effective date time for review and implementation. may be necessary or appropriate to would generally benefit covered persons The Bureau requests comment on enable the Bureau to administer and by facilitating initial compliance with whether to extend the final rules’ carry out the purposes and objectives of the rules’ requirements and delaying the effective date and, if so, whether 60 the Federal consumer financial laws, 7 start of ongoing compliance costs. days is the appropriate amount of time and to prevent evasions thereof. The Because covered persons retain the FDCPA and title X of the Dodd-Frank for an extension. option of complying with the rules As noted in the Debt Collection Final Act are Federal consumer financial before the effective date, any extension Rules, debt collectors could choose to laws.8 Accordingly, in proposing this should not increase costs to covered comply with the rules’ requirements rule, the Bureau is exercising its persons because they retain the option and prohibitions before the effective authority under Dodd-Frank Act section date. Until the effective date, however, 1022(b) 9 to prescribe rules under the of complying by the original effective the FDCPA and other applicable law FDCPA and title X of the Dodd-Frank date. The Bureau believes that would continue to govern the conduct Act that carry out the purposes and extending the effective date may also of FDCPA debt collectors. Similarly, to objectives and prevent evasion of those delay consumers’ realization of benefits the extent that the Debt Collection Final laws. Section 1022(b)(2) of the Dodd- arising from the protections provided by Rules establish a safe harbor from Frank Act 10 prescribes certain the rules, although given the short liability for certain conduct, or a standards for rulemaking that the length of the delay, any overall presumption that certain conduct Bureau must follow in exercising its reduction in benefits should be small. In complies with or violates the rules, authority under section 1022(b)(1). addition, the Bureau does not expect the those safe harbors and presumptions IV. Dodd-Frank Act Section 1022(b) proposed rule to have a differential will not take effect until the effective Analysis impact on depository institutions and date. The Bureau requests comment on credit unions with $10 billion or less in In developing the proposed rule, the whether it would facilitate total assets as described in section 1026 Bureau has considered the potential implementation to retain the November of the Dodd-Frank Act or on consumers benefits, costs and impacts required by 30, 2021 effective date for some or all in rural areas. The Bureau does not of the safe harbors identified in the Debt section 1022(b)(2) of the Dodd-Frank Act. Specifically, section 1022(b)(2) believe that the proposed effective date Collection Final Rules. The Bureau calls for the Bureau to consider the extension would reduce consumer requests comment on, for example, the potential benefits and costs of a access to consumer financial products costs and benefits of permitting debt regulation to consumers and covered and services, as the evidence discussed collectors to obtain a safe harbor for persons, including the potential in the Debt Collection Final Rules using the Bureau’s model validation reduction of consumer access to indicates that the rules themselves will notice 3 as of November 30, 2021, even consumer financial products or services, have limited negative impact on access if the Debt Collection Final Rules do not the impact on depository institutions to credit.14 otherwise take effect until January 29, and credit unions with $10 billion or 2022. The Bureau requests comment on this less in total assets as described in discussion as well as submission of III. Legal Authority section 1026 of the Dodd-Frank Act, and additional information that could the impact on consumers in rural areas. To extend the effective date of the inform the Bureau’s consideration of the In addition, Dodd-Frank Act section Debt Collection Final Rules, the Bureau potential benefits, costs, and impacts of 1022(b)(2)(B) 11 directs the Bureau to is proposing to exercise its rulemaking this proposed rule. authority pursuant to FDCPA section 4 85 FR 76734, 76739–41 (Nov. 30, 2020); 86 FR 814(d) and Dodd-Frank Act sections 5766, 5770–71 (Jan. 19, 2021). 1022(b)(1) and 1032(a). 5 15 U.S.C. 1692l(d). 12 81 FR 83934, 84269 (Nov. 22, 2016). The legal authority for the Debt 6 12 U.S.C. 5532(a). 13 The Bureau has discretion in any rulemaking Collection Final Rules is described in 7 12 U.S.C. 5512(b)(1). to choose an appropriate scope of analysis with 8 12 U.S.C. 5481(14). respect to potential benefits, costs, and impacts and 2 85 FR 76734, 76863 (Nov. 30, 2020); 86 FR 5766, 9 12 U.S.C. 5512(b). an appropriate baseline. 5838 (Jan. 19, 2021). 10 12 U.S.C. 5512(b)(2). 14 See 85 FR 76734, 76879–81 (Nov. 30, 2020); 86 3 86 FR 5766, 5857 (Jan. 19, 2021). 11 12 U.S.C. 5512(b)(2)(B). FR 5766, 5849 (Jan. 19, 2021).

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20336 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

V. Initial Regulatory Flexibility Act Office of Management and Budget AD would require revising the existing Analysis (OMB) for information collection Rotorcraft Flight Manual (RFM) for your The Regulatory Flexibility Act requirements. The collections of helicopter. The FAA is proposing this (RFA),15 as amended by the Small information related to the Debt AD to address the unsafe condition on Business Regulatory Enforcement Collection Final Rules is under review these products. Fairness Act of 1996,16 requires each by OMB in accordance with the PRA DATES: The FAA must receive comments agency to consider the potential impact and under OMB Control Number 3170– on this proposed AD by June 3, 2021. of its regulations on small entities, 0056. Under the PRA, the Bureau may ADDRESSES: You may send comments, including small businesses, small not conduct or sponsor, and, using the procedures found in 14 CFR governmental units, and small not-for- notwithstanding any other provision of 11.43 and 11.45, by any of the following profit organizations. The RFA defines a law, a person is not required to respond methods: ‘‘small business’’ as a business that to, an information collection unless the • Federal eRulemaking Portal: Go to meets the size standard developed by information collection displays a valid https://www.regulations.gov. Follow the the Small Business Administration control number assigned by OMB. instructions for submitting comments. pursuant to the Small Business Act.17 The Bureau has determined that this • Fax: (202) 493–2251. The RFA generally requires an agency proposed rule would not have any new • Mail: U.S. Department of to conduct an initial regulatory or revised information collection Transportation, Docket Operations, M– flexibility analysis (IRFA) and a final requirements (recordkeeping, reporting, 30, West Building Ground Floor, Room regulatory flexibility analysis (FRFA) of or disclosure requirements) on covered W12–140, 1200 New Jersey Avenue SE, any rule subject to notice-and-comment entities or members of the public that Washington, DC 20590. rulemaking requirements, unless the would constitute collections of • Hand Delivery: Deliver to Mail agency certifies that the rule would not information requiring OMB approval address between 9 a.m. and 5 p.m., have a significant economic impact on under the PRA. The Bureau welcomes Monday through Friday, except Federal a substantial number of small entities.18 comments on these determinations or holidays. The Bureau also is subject to certain any other aspect of the proposal for For service information identified in additional procedures under the RFA purposes of the PRA. this NPRM, contact Leonardo S.p.A. involving the convening of a panel to VII. Signing Authority Helicopters, Emanuele Bufano, Head of consult with small business Airworthiness, Viale G.Agusta 520, representatives prior to proposing a rule The Acting Director of the Bureau, 21017 C.Costa di Samarate (Va) Italy; for which an IRFA is required.19 David Uejio, having reviewed and telephone +39–0331–225074; fax +39– An IRFA is not required for this approved this document, is delegating 0331–229046; or at https:// proposed rule because the proposed the authority to electronically sign this www.leonardocompany.com/en/home. rule, if adopted, would not have a document to Grace Feola, a Bureau You may view this service information significant economic impact on a Federal Register Liaison, for purposes of at the FAA, Office of the Regional substantial number of small entities. As publication in the Federal Register. Counsel, Southwest Region, 10101 discussed in part II, because covered Dated: April 7, 2021. Hillwood Pkwy., Room 6N–321, Fort persons would retain the option of Grace Feola, Worth, TX 76177. For information on complying by the Debt Collection Final Federal Register Liaison, Bureau of Consumer the availability of this material at the Rules’ original November 30, 2021 Financial Protection. FAA, call (817) 222–5110. effective date, any extension of the [FR Doc. 2021–07505 Filed 4–16–21; 8:45 am] effective date would not increase costs Examining the AD Docket BILLING CODE 4810–AM–P to covered persons. Thus, the Bureau You may examine the AD docket at anticipates that the proposed rule would https://www.regulations.gov by only reduce burden on small entities DEPARTMENT OF TRANSPORTATION searching for and locating Docket No. relative to the baseline. FAA–2021–0302; or in person at Docket Accordingly, the Acting Director Federal Aviation Administration Operations between 9 a.m. and 5 p.m., certifies that this proposed rule, if Monday through Friday, except Federal adopted, would not have a significant 14 CFR Part 39 holidays. The AD docket contains this economic impact on a substantial NPRM, the European Union Aviation number of small entities. The Bureau [Docket No. FAA–2021–0302; Project Safety Agency (EASA) AD, any requests comment on its analysis of the Identifier MCAI–2020–01596–R] comments received, and other impact of the proposed rule on small RIN 2120–AA64 information. The street address for entities and requests any relevant data. Docket Operations is listed above. VI. Paperwork Reduction Act Airworthiness Directives; Leonardo FOR FURTHER INFORMATION CONTACT: S.p.a. Helicopters Under the Paperwork Reduction Act Mitch Soth, Flight Test Engineer, of 1995 (PRA),20 Federal agencies are AGENCY: Federal Aviation Southwest Section, Flight Test Branch, generally required to seek, prior to Administration (FAA), DOT. Compliance & Airworthiness Division, implementation, approval from the ACTION: Notice of proposed rulemaking FAA, 10101 Hillwood Pkwy., Fort (NPRM). Worth, TX 76177; telephone (817) 222– 15 5 U.S.C. 601 et seq. 5110; email [email protected]. 16 Public Law 104–121, tit. II, 110 Stat. 857 SUMMARY: The FAA proposes to adopt a SUPPLEMENTARY INFORMATION: (1996). new airworthiness directive (AD) for all 17 5 U.S.C. 601(3) (the Bureau may establish an Leonardo S.p.a. Model AW189 Comments Invited alternative definition after consultation with the helicopters. This proposed AD was The FAA invites you to send any Small Business Administration and an opportunity for public comment). prompted by the identification of written relevant data, views, or 18 5 U.S.C. 603–605. misleading information in the arguments about this proposal. Send 19 5 U.S.C. 609. emergency procedure for the ‘‘1(2) FUEL your comments to an address listed 20 44 U.S.C. 3501 et seq. LOW’’ caution message. This proposed under ADDRESSES. Include ‘‘Docket No.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20337

FAA–2021–0302; Project Identifier issue instructs the pilot to land as soon Proposed AD Requirements in This MCAI–2020–01596–R’’ at the beginning as practicable within 20 minutes. NPRM of your comments. The most helpful However, this remaining flight time is This proposed AD would require comments reference a specific portion of guaranteed only if a constant torque revising page 3–118 of Section 3, the proposal, explain the reason for any value of 50% is maintained. The correct Emergency and Malfunction, of the recommended change, and include time limit depends on the fuel existing RFM for your helicopter to add supporting data. The FAA will consider consumption at different engine power remaining flight times (minutes) based all comments received by the closing settings. Accordingly, EASA AD 2019– on TQ value (%) and conditions that date and may amend this proposal 0136 requires amending section 3 of the further reduce the remaining flight because of those comments. AW189 RFM, ‘‘Emergency and times. Except for Confidential Business malfunction procedures,’’ informing all Differences Between This Proposed AD Information (CBI) as described in the flight crews, and thereafter, operating and the EASA AD following paragraph, and other the helicopter accordingly. This information as described in 14 CFR condition, if not addressed, could result EASA AD 2019–0136 requires 11.35, the FAA will post all comments in the wrong estimation of the revising the existing RFM for your received, without change, to https:// remaining flight time in a low fuel helicopter within 14 days, whereas this www.regulations.gov, including any condition, possibly resulting in an proposed AD would require that action personal information you provide. The within 14 hours time-in-service after the agency will also post a report uncommanded engine in-flight shut- down and forced landing, with effective date of this AD instead. EASA summarizing each substantive verbal AD 2019–0136 requires removing the contact received about this NPRM. consequent damage to the helicopter or injury to occupants. RFM changes previously required by Confidential Business Information EASA AD 2019–0103, whereas this EASA initially issued EASA AD proposed AD would not. CBI is commercial or financial 2019–0103, dated May 9, 2019 (EASA information that is both customarily and AD 2019–0103), to address this unsafe Costs of Compliance actually treated as private by its owner. condition. EASA issued EASA AD The FAA estimates that this AD, if Under the Freedom of Information Act 2019–0136 to supersede EASA AD adopted as proposed, would affect 4 (FOIA) (5 U.S.C. 552), CBI is exempt 2019–0103 to require using the helicopters of U.S. Registry. Labor rates from public disclosure. If your corrected amendment of the AW189 are estimated at $85 per work-hour. comments responsive to this NPRM RFM. Based on these numbers, the FAA contain commercial or financial estimates the following costs to comply information that is customarily treated FAA’s Determination with this proposed AD. as private, that you actually treat as Revising the existing RFM for your These helicopters have been approved private, and that is relevant or helicopter would take about 0.25 work- by EASA and are approved for operation responsive to this NPRM, it is important hour for an estimated cost of $21 per in the United States. Pursuant to the that you clearly designate the submitted helicopter and $84 for the U.S. fleet. comments as CBI. Please mark each FAA’s bilateral agreement with the page of your submission containing CBI European Union, EASA has notified the Authority for This Rulemaking as ‘‘PROPIN.’’ The FAA will treat such FAA about the unsafe condition Title 49 of the United States Code marked submissions as confidential described in its AD. The FAA is specifies the FAA’s authority to issue under the FOIA, and they will not be proposing this AD after evaluating all rules on aviation safety. Subtitle I, placed in the public docket of this known relevant information and section 106, describes the authority of NPRM. Submissions containing CBI determining that the unsafe condition the FAA Administrator. Subtitle VII: should be sent to Mitch Soth, Flight described previously is likely to exist or Aviation Programs, describes in more Test Engineer, Southwest Section, Flight develop on other helicopters of the same detail the scope of the Agency’s Test Branch, Compliance & type design. authority. Airworthiness Division, FAA, 10101 The FAA is issuing this rulemaking Hillwood Pkwy., Fort Worth, TX 76177; Related Service Information Under 1 under the authority described in telephone (817) 222–5110; email CFR Part 51 Subtitle VII, Part A, Subpart III, Section [email protected]. Any commentary The FAA reviewed AW189—RFM, 44701: General requirements. Under that the FAA receives which is not Document No. 189G0290X002, Record that section, Congress charges the FAA specifically designated as CBI will be of Temporary Revisions, TR No. 3–1, with promoting safe flight of civil placed in the public docket for this Revision A, dated May 24, 2019 (TR 3– aircraft in air commerce by prescribing rulemaking. 1 Rev A). TR 3–1 Rev A specifies regulations for practices, methods, and procedures the Administrator finds Background remaining flight times (minutes) based on TQ value (%) if the XFEED is closed necessary for safety in air commerce. EASA, which is the Technical Agent This regulation is within the scope of for the Member States of the European or if the XFEED is open with both fuel pumps ON. TR 3–1 Rev A also specifies that authority because it addresses an Union, has issued EASA AD 2019–0136, unsafe condition that is likely to exist or dated June 11, 2019 (EASA AD 2019– that the remaining flight times (minutes) are further reduced if the XFEED is develop on products identified in this 0136), to correct an unsafe condition for rulemaking action. Leonardo S.p.A. (formerly Finmeccanica open, both fuel pumps are ON and one Helicopter Division, AgustaWestland) tank has emptied, and the 2 engines are Regulatory Findings Model AW189 helicopters. EASA supplied from the remaining tank. The FAA determined that this advises of the identification of This service information is reasonably proposed AD would not have federalism misleading information in the AW189 available because the interested parties implications under Executive Order RFM Emergency procedure associated have access to it through their normal 13132. This proposed AD would not with the ‘‘1(2) FUEL LOW’’ caution course of business or by the means have a substantial direct effect on the message. In particular, the procedure at identified in the ADDRESSES section. States, on the relationship between the

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20338 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

national Government and the States, or (f) Compliance You may view the EASA AD on the internet on the distribution of power and Comply with this AD within the at https://www.regulations.gov in Docket No. responsibilities among the various compliance times specified, unless already FAA–2021–0302. levels of government. done. Issued on April 9, 2021. For the reasons discussed, I certify (g) Required Actions Ross Landes, Deputy Director for Regulatory Operations, this proposed regulation: Within 14 hours time-in-service after the Compliance & Airworthiness Division, effective date of this AD, revise page 3–118 (1) Is not a ‘‘significant regulatory Aircraft Certification Service. action’’ under Executive Order 12866, of Section 3, Emergency and Malfunction Procedures, of the existing Rotorcraft Flight [FR Doc. 2021–07802 Filed 4–16–21; 8:45 am] (2) Would not affect intrastate Manual for your helicopter by adding BILLING CODE 4910–13–P aviation in Alaska, and AW189—RFM, Document No. (3) Would not have a significant 189G0290X002, Record of Temporary economic impact, positive or negative, Revisions, TR No. 3–1, Revision A, dated DEPARTMENT OF TRANSPORTATION on a substantial number of small entities May 24, 2019 (TR 3–1 Rev A). Using a different document with information Federal Aviation Administration under the criteria of the Regulatory identical to the information in page 3–118 of Flexibility Act. TR 3–1 Rev A is acceptable for compliance 14 CFR Part 39 List of Subjects in 14 CFR Part 39 with the requirement of this paragraph. This action may be performed by the owner/ [Docket No. FAA–2021–0304; Project Air transportation, Aircraft, Aviation operator (pilot) holding at least a private pilot Identifier 2017–SW–108–AD] certificate and must be entered into the safety, Incorporation by reference, RIN 2120–AA64 Safety. aircraft records showing compliance with this AD in accordance with § 43.9(a)(1) The Proposed Amendment through (4) and § 91.417(a)(2)(v). The record Airworthiness Directives; Leonardo must be maintained as required by § 91.417, S.p.a. (Type Certificates Previously Accordingly, under the authority § 121.380, or § 135.439. Held by Agusta S.p.A. and delegated to me by the Administrator, AgustaWestland S.p.A.) Helicopters (h) Special Flight Permits the FAA proposes to amend 14 CFR part 39 as follows: Special flight permits are prohibited. AGENCY: Federal Aviation (i) Alternative Methods of Compliance Administration (FAA), DOT. PART 39—AIRWORTHINESS (AMOCs) ACTION: Notice of proposed rulemaking DIRECTIVES (1) The Manager, International Validation (NPRM). Branch, FAA, has the authority to approve SUMMARY: ■ 1. The authority citation for part 39 AMOCs for this AD, if requested using the The FAA proposes to adopt a continues to read as follows: procedures found in 14 CFR 39.19. In new airworthiness directive (AD) for Leonardo S.p.a. (Type Certificate Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with 14 CFR 39.19, send your request to your principal inspector or local previously held by Agusta S.p.A.) § 39.13 [Amended] Flight Standards District Office, as Model AB139 and AW139 helicopters appropriate. If sending information directly and Leonardo S.p.a. (Type Certificate ■ 2. The FAA amends § 39.13 by adding to the manager of the International Validation previously held by AgustaWestland the following new airworthiness Branch, send it to the attention of the person S.p.A.) Model AW189 helicopters. This directive: identified in paragraph (j)(1) of this AD. proposed AD was prompted by reports Information may be emailed to: 9-AVS-AIR- Leonardo S.p.a.: Docket No. FAA–2021– [email protected]. of missing lock wire and loose fasteners. 0302; Project Identifier MCAI–2020– (2) Before using any approved AMOC, This proposed AD would require a one- 01596–R. notify your appropriate principal inspector, time inspection of the main rotor (M/R) (a) Comments Due Date or lacking a principal inspector, the manager slip ring and depending on the outcome, The FAA must receive comments on this of the local flight standards district office/ removing the M/R slip ring from service, airworthiness directive (AD) by June 3, 2021. certificate holding district office. removing screws and washers from (j) Related Information service, applying torque, installing lock (b) Affected ADs wire, and re-identifying the M/R slip None. (1) For more information about this AD, contact Mitch Soth, Flight Test Engineer, ring. This proposed AD would also (c) Applicability Southwest Section, Flight Test Branch, prohibit the installation of certain M/R This AD applies to Leonardo S.p.a. Model Compliance & Airworthiness Division, FAA, slip rings. The FAA is proposing this AW189 helicopters, certificated in any 10101 Hillwood Pkwy., Fort Worth, TX AD to address the unsafe condition on category. 76177; telephone (817) 222–5110; email these products. [email protected]. DATES: The FAA must receive comments (d) Subject (2) For service information identified in on this proposed AD by June 3, 2021. Joint Aircraft Service Component (JASC) this AD, contact Leonardo S.p.A. Helicopters, Code: 7300, Engine fuel and control. Emanuele Bufano, Head of Airworthiness, ADDRESSES: You may send comments, Viale G.Agusta 520, 21017 C.Costa di using the procedures found in 14 CFR (e) Unsafe Condition Samarate (Va) Italy; telephone +39–0331– 11.43 and 11.45, by any of the following This AD was prompted by the 225074; fax +39–0331–229046; or at https:// methods: identification of misleading information in www.leonardocompany.com/en/home. You • Federal eRulemaking Portal: Go to the emergency procedure for the ‘‘1(2) FUEL may view this referenced service information https://www.regulations.gov. Follow the LOW’’ caution message. The FAA is issuing at the FAA, Office of the Regional Counsel, instructions for submitting comments. this AD to prevent the wrong estimation of Southwest Region, 10101 Hillwood Pkwy., • Fax: (202) 493–2251. the remaining flight time in a low fuel Room 6N–321, Fort Worth, TX 76177. For • condition. The unsafe condition, if not information on the availability of this Mail: U.S. Department of addressed, could result in an uncommanded material at the FAA, call (817) 222–5110. Transportation, Docket Operations, engine in-flight shut-down and forced (3) The subject of this AD is addressed in M–30, West Building Ground Floor, landing, with subsequent damage to the European Union Aviation Safety Agency Room W12–140, 1200 New Jersey helicopter or injury to the occupants. (EASA) AD 2019–0136, dated June 11, 2019. Avenue SE, Washington, DC 20590.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20339

• Hand Delivery: Deliver to Mail agency will also post a report replacing the M/R slip ring, replacing address between 9 a.m. and 5 p.m., summarizing each substantive verbal fasteners, applying torque, installing Monday through Friday, except Federal contact received about this NPRM. lock wire, and re-identifying the M/R holidays. slip ring. EASA ADs 2017–0083 and Confidential Business Information For Leonardo Helicopters and Moog 2017–0087 also prohibit installation of service information identified in this CBI is commercial or financial an affected M/R slip ring. EASA states, NPRM, contact Leonardo S.p.A. information that is both customarily and this condition, if not detected and Helicopters, Emanuele Bufano, Head of actually treated as private by its owner. corrected, could lead to failure of the Airworthiness, Viale G.Agusta 520, Under the Freedom of Information Act M/R slip ring bearing inner race, 21017 C.Costa di Samarate (Va) Italy; (FOIA) (5 U.S.C. 552), CBI is exempt possibly resulting in damage to drive telephone +39–0331–225074; fax +39– from public disclosure. If your system components and subsequent 0331–229046; or at https:// comments responsive to this NPRM reduced control of the helicopter. www.leonardocompany.com/en/home. contain commercial or financial FAA’s Determination You may view this service information information that is customarily treated at the FAA, Office of the Regional as private, that you actually treat as These helicopters have been approved Counsel, Southwest Region, 10101 private, and that is relevant or by EASA and are approved for operation Hillwood Pkwy., Room 6N–321, Fort responsive to this NPRM, it is important in the United States. Pursuant to the Worth, TX 76177. For information on that you clearly designate the submitted FAA’s bilateral agreement with the the availability of this material at the comments as CBI. Please mark each European Union, EASA has notified the FAA, call (817) 222–5110. page of your submission containing CBI FAA of the unsafe condition described as ‘‘PROPIN.’’ The FAA will treat such in its ADs. The FAA is proposing this Examining the AD Docket marked submissions as confidential AD after evaluating all known relevant You may examine the AD docket at under the FOIA, and they will not be information and determining that an https://www.regulations.gov by placed in the public docket of this unsafe condition is likely to exist or searching for and locating Docket No. NPRM. Submissions containing CBI develop on other products of the same FAA–2021–0304; or in person at Docket should be sent to Steven Warwick, type designs. Operations between 9 a.m. and 5 p.m., Aerospace Engineer, Certification Section, Fort Worth ACO Branch, Related Service Information Under 1 Monday through Friday, except Federal CFR Part 51 holidays. The AD docket contains this Compliance & Airworthiness Division, NPRM, the European Aviation Safety 10101 Hillwood Pkwy., Fort Worth, TX The FAA reviewed Leonardo Agency (now European Union Aviation 76177; telephone (817) 222–5225; email Helicopters Alert Service Bulletin (ASB) Safety Agency) (EASA) ADs, any [email protected]. Any No. 139–472, dated May 9, 2017 (ASB comments received, and other commentary that the FAA receives 139–472), for Model AB139 and AW139 information. The street address for which is not specifically designated as helicopters, and Leonardo Helicopters Docket Operations is listed above. CBI will be placed in the public docket ASB No. 189–138, dated May 12, 2017 for this rulemaking. (ASB 189–138), for Model AW189 FOR FURTHER INFORMATION CONTACT: helicopters. ASB 139–472 and ASB Steven Warwick, Aerospace Engineer, Background 189–138 specify inspecting the M/R slip Certification Section, Fort Worth ACO EASA, which is the Technical Agent ring by following the procedures in Branch, Compliance & Airworthiness for the Member States of the European Moog Service Bulletin No. SB 16–01, Division, 10101 Hillwood Pkwy., Fort Union, has issued EASA AD 2017–0083, Revision 5, undated (SB 16–01), which Worth, TX 76177; telephone (817) 222– dated May 10, 2017 (EASA AD 2017– is attached as Annex A to both ASB 5225; email [email protected]. 0083), to correct an unsafe condition for 139–472 and ASB 189–138. ASB 139– SUPPLEMENTARY INFORMATION: Leonardo S.p.A. (formerly Finmeccanica 472 and ASB 189–138 are proposed for S.p.A, AgustaWestland S.p.A., Agusta Comments Invited incorporation by reference in this S.p.A), AgustaWestland Philadelphia proposed AD. SB 16–01 is not proposed The FAA invites you to send any Corporation (formerly Agusta Aerospace for incorporation by reference in this written relevant data, views, or Corporation) Model AB139 and AW139 proposed AD. arguments about this proposal. Send helicopters, and EASA AD 2017–0087, This service information is reasonably your comments to an address listed dated May 12, 2017 (EASA AD 2017– available because the interested parties under ADDRESSES. Include ‘‘Docket No. 0087), to correct the same unsafe have access to it through their normal FAA–2021–0304; Project Identifier condition for Leonardo S.p.A. course of business or by the means 2017–SW–108–AD’’ at the beginning of Helicopters (formerly Finmeccanica identified in the ADDRESSES section. your comments. The most helpful S.p.A, AgustaWestland S.p.A.) Model comments reference a specific portion of AW189 helicopters. EASA advises of Other Related Service Information the proposal, explain the reason for any reports of missing lock wire and loose The FAA also reviewed SB 16–01, recommended change, and include fasteners found during inspections of which specifies procedures to visually supporting data. The FAA will consider the M/R slip ring of Model AW139 inspect the M/R slip ring upper all comments received by the closing helicopters. EASA also advises that the (connecter) end and lower (pigtail or date and may amend this proposal same part-numbered M/R slip ring may standpipe) end fastener screws and because of those comments. also be installed on Model AW189 double-twist lock wire. Except for Confidential Business helicopters. Model AB139 helicopters Information (CBI) as described in the may also be affected by this unsafe Proposed AD Requirements in This following paragraph, and other condition due to having the same type NPRM information as described in 14 CFR design as Model AW139 helicopters. This proposed AD would require, 11.35, the FAA will post all comments EASA ADs 2017–0083 and 2017–0087 with the M/R slip ring removed, received, without change, to https:// require a one-time visual inspection of inspecting each screw and double-twist www.regulations.gov, including any the M/R slip ring fastener installation, lock wire of the upper (connecter) end personal information you provide. The and depending on the outcome, and lower (pigtail or standpipe) end

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20340 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

fasteners of the M/R slip ring. and $113,900 for the U.S. fleet. Marking The Proposed Amendment Depending on the outcome, this an M/R slip ring would take a minimal Accordingly, under the authority proposed AD would require: amount of time and parts would cost a • delegated to me by the Administrator, Marking the M/R slip ring; nominal amount. Replacing an M/R slip the FAA proposes to amend 14 CFR part • Removing the M/R slip ring from ring would take about 3 work-hours and 39 as follows: service; or parts would cost about $65,000 for an • Removing screws and washers, lock estimated cost of $65,255 per helicopter. PART 39—AIRWORTHINESS wire, and ferrule ended safety cable Removing any ferrule ended safety DIRECTIVES from service; installing new screws and cable; replacing screws and washers; washers; applying torque; installing applying torque; and installing lock ■ 1. The authority citation for part 39 double-twist lock wire; and marking the wire would take about 1 work-hour and continues to read as follows: M/R slip ring. parts would cost a nominal amount for Authority: 49 U.S.C. 106(g), 40113, 44701. This proposed AD would also an estimated cost of $85 per helicopter. prohibit the installation of an affected § 39.13 [Amended] M/R slip ring unless the proposed Authority for This Rulemaking ■ 2. The FAA amends § 39.13 by adding requirements have been completed. Title 49 of the United States Code the following new airworthiness Differences Between This Proposed AD specifies the FAA’s authority to issue directive: and the EASA ADs rules on aviation safety. Subtitle I, Leonardo S.p.a. (Type Certificates section 106, describes the authority of Previously Held by Agusta S.p.A. and EASA ADs 2017–0083 and 2017–0087 AgustaWestland S.p.A.): Docket No. include the compliance time of at the the FAA Administrator. Subtitle VII: Aviation Programs, describes in more FAA–2021–0304; Project Identifier next M/R slip ring removal, whereas 2017–SW–108–AD. this proposed AD does not because it detail the scope of the Agency’s could be difficult to track. This authority. (a) Comments Due Date proposed AD has a shorter compliance The FAA is issuing this rulemaking The FAA must receive comments on this time for all affected M/R slip rings that under the authority described in airworthiness directive (AD) by June 3, 2021. have accumulated 900 or more total Subtitle VII, Part A, Subpart III, Section (b) Affected ADs hours time-in-service, whereas EASA 44701: General requirements. Under None. AD 2017–0087 allows a longer that section, Congress charges the FAA compliance time for these affected M/R with promoting safe flight of civil (c) Applicability slip rings that are installed on Model aircraft in air commerce by prescribing This AD applies to Leonardo S.p.a. (Type AW189 helicopters. EASA ADs 2017– regulations for practices, methods, and Certificate previously held by Agusta S.p.A.) 0083 and 2017–0087 specify inspecting Model AB139 and AW139 helicopters and procedures the Administrator finds Leonardo S.p.a. (Type Certificate previously for the proper lock wire installed, while necessary for safety in air commerce. held by AgustaWestland S.p.A.) Model this proposed AD specifies inspecting This regulation is within the scope of AW189 helicopters, certificated in any for correct installation of lock wire 0.20 that authority because it addresses an category, with a main rotor (M/R) slip ring CRES NAS 33540 part number unsafe condition that is likely to exist or part number (P/N) 4G6220V00151 with a MS20995C20 (double-twist lock wire) develop on products identified in this serial (S/N) number up to and including S/ and any missing double-twist lock wire. rulemaking action. N 0141, except those marked with an ‘‘L’’ If a screw is missing from the inner following the S/N, installed. Regulatory Findings diameter (the connector flange) of the (d) Subject upper end of the M/R slip ring, EASA The FAA determined that this Joint Aircraft Service Component (JASC) ADs 2017–0083 and 2017–0087 specify proposed AD would not have federalism Code: 6200, Main Rotor System. replacing the M/R slip ring with a implications under Executive Order (e) Unsafe Condition serviceable part, whereas this proposed 13132. This proposed AD would not This AD was prompted by reports of AD would require removing the M/R have a substantial direct effect on the slip ring from service instead. If a screw missing lock wire and loose fasteners. The States, on the relationship between the FAA is issuing this AD to address failure of is missing from the outer diameter of the national Government and the States, or an M/R slip ring fastener. The unsafe upper end, from the inner diameter of on the distribution of power and condition, if not addressed, could result in the lower end (shaft extension responsibilities among the various failure of the M/R slip ring bearing inner attachment area), or from the outer levels of government. race, reduced M/R control, and subsequent diameter of the lower end, this proposed loss of control of the helicopter. For the reasons discussed, I certify AD would require installing a new (f) Compliance screw and washer, applying torque, and this proposed regulation: installing lock wire, whereas corrective (1) Is not a ‘‘significant regulatory Comply with this AD within the action’’ under Executive Order 12866, compliance times specified, unless already action for this condition is not specified done. in EASA AD 2017–0083 or 2017–0087. (2) Would not affect intrastate (g) Required Actions Costs of Compliance aviation in Alaska, and (1) For an M/R slip ring that has The FAA estimates that this proposed (3) Would not have a significant accumulated 900 or more total hours time-in- AD affects 134 helicopters of U.S. economic impact, positive or negative, service (TIS), within 50 hours TIS after the Registry. The FAA estimates that on a substantial number of small entities effective date of this AD; and for an M/R slip operators may incur the following costs under the criteria of the Regulatory ring that has accumulated less than 900 total in order to comply with this proposed Flexibility Act. hours TIS, within 300 hours TIS after the effective date of this AD or before AD. Labor costs are estimated at $85 per List of Subjects in 14 CFR Part 39 accumulating 950 total hours TIS, whichever work-hour. occurs first: Inspecting an M/R slip ring would Air transportation, Aircraft, Aviation (i) With the M/R slip ring removed, take about 10 work-hours for an safety, Incorporation by reference, visually inspect for the presence of each estimated cost of $850 per helicopter Safety. screw, the presence of any ferrule ended

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20341

safety cable, the correct installation of lock Compliance Instructions, paragraph 3) of DEPARTMENT OF TRANSPORTATION wire 0.20 CRES NAS 33540 P/N Annex A to ASB 139–472 or ASB 189–138, MS20995C20 (double-twist lock wire), and as applicable to your model helicopter. Federal Aviation Administration any missing double-twist lock wire for each (2) As of the effective date of this AD, do set of upper (connecter) end and lower not install an M/R slip ring identified in 14 CFR Part 39 (pigtail or standpipe) end fasteners of the M/ paragraph (c) of this AD unless the R slip ring as depicted in Figures 1 and 2 of requirements of paragraph (g)(1) have been [Docket No. FAA–2021–0308; Project Annex A to Leonardo Helicopters Alert accomplished. Identifier MCAI–2020–00594–R] Service Bulletin (ASB) No. 139–472, dated May 9, 2017 (ASB 139–472), or Leonardo (h) Special Flight Permits RIN 2120–AA64 Helicopters ASB No. 189–138, dated May 12, Special flight permits are prohibited. 2017 (ASB 189–138), as applicable to your Airworthiness Directives; Airbus model helicopter. Figures 2 and 3 of Annex (i) Alternative Methods of Compliance Helicopters Deutschland GmbH (AHD) A to ASB 139–472 and ASB 189–138 also (AMOCs) Helicopters show examples of a ferrule ended safety cable installed that are not approved. (1) The Manager, International Validation AGENCY: Federal Aviation Note 1 to paragraph (g)(1)(i): Annex A to Branch, FAA, has the authority to approve Administration (FAA), DOT. AMOCs for this AD, if requested using the ASB 139–472 and ASB 189–138 is Moog ACTION: Notice of proposed rulemaking Service Bulletin No. SB 16–01, Revision 5, procedures found in 14 CFR 39.19. In undated. accordance with 14 CFR 39.19, send your (NPRM). (ii) If all of the screws are present, there is request to your principal inspector or local SUMMARY: The FAA proposes to adopt a not any ferrule ended safety cable installed, Flight Standards District Office, as the double-twist lock wire is correctly appropriate. If sending information directly new airworthiness directive (AD) for installed, and none of the double-twist lock to the manager of the International Validation certain Airbus Helicopters Deutschland wire is missing on each set of upper end and Branch, send it to the attention of the person GmbH (AHD) Model BO–105A, BO– lower end fasteners of the M/R slip ring, identified in paragraph (j)(1) of this AD. 105C, BO–105S, and BO–105LS A–3 before further flight, mark the letter ‘‘L’’ Information may be emailed to: 9-AVS-AIR- helicopters equipped with a certain following the S/N on the identification label [email protected]. hoist system. This AD was prompted by by following the Compliance Instructions, (2) Before using any approved AMOC, an uncommanded activation of the hoist paragraph 3) of Annex A to ASB 139–472 or notify your appropriate principal inspector, ASB 189–138, as applicable to your model cable cutter function on an MBB–BK117 helicopter. or lacking a principal inspector, the manager C–1 helicopter, which prompted a (iii) If a screw is missing from the inner of the local flight standards district office/ design review of the BO105 hoist diameter (the connector flange) of the upper certificate holding district office. control grip with coiled cable. This end of the M/R slip ring, before further flight, (j) Related Information proposed AD would require inspections remove the M/R slip ring from service. of the hoist control grip with coiled (iv) If a screw is missing from the outer (1) For more information about this AD, contact Steven Warwick, Aerospace cable and deactivation of the hoist cuter diameter of the upper end, from the inner function, as specified in a European diameter of the lower end (shaft extension Engineer, Certification Section, Fort Worth attachment area), or from the outer diameter ACO Branch, Compliance & Airworthiness Aviation Safety Agency (now European of the lower end, before further flight, install Division, 10101 Hillwood Pkwy., Fort Worth, Union Aviation Safety Agency) (EASA) a new screw and washer, apply a torque to TX 76177; telephone (817) 222–5225; email AD, which is proposed for incorporation 1–1.25 Nm, and install double-twist lock [email protected]. by reference (IBR). The FAA is wire by following the Compliance (2) Moog Service Bulletin No. SB 16–01, proposing this AD to address the unsafe Instructions, paragraphs 9)a) through g) of Revision 5, undated, is attached as Annex A condition on these products. Annex A to ASB 139–472 or ASB 189–138, to both ASB 139–472 and ASB 189–138. For as applicable to your model helicopter. DATES: The FAA must receive comments Leonardo Helicopters and Moog service on this proposed AD by June 3, 2021. (v) If any double-twist lock wire is not information identified in this AD, contact correctly installed, is missing, or if there is Leonardo S.p.A. Helicopters, Emanuele ADDRESSES: You may send comments, a ferrule ended safety cable installed on any Bufano, Head of Airworthiness, Viale using the procedures found in 14 CFR set of upper end or lower end fasters of the G.Agusta 520, 21017 C.Costa di Samarate 11.43 and 11.45, by any of the following M/R slip ring, before further flight, remove (Va) Italy; telephone +39–0331–225074; fax methods: the incorrectly installed lock wire or ferrule • Federal eRulemaking Portal: Go to ended safety cable from service, as +39–0331–229046; or at https:// applicable, and inspect the fastener torque by www.leonardocompany.com/en/home. You https://www.regulations.gov. Follow the applying 1–1.25 Nm of torque. may view the referenced service information instructions for submitting comments. (A) If the torque of a screw installed in the at the FAA, Office of the Regional Counsel, • Fax: 202–493–2251. inner diameter (the connector flange) of the Southwest Region, 10101 Hillwood Pkwy., • Mail: U.S. Department of upper end of the M/R slip ring is below 1 Nm Room 6N–321, Fort Worth, TX 76177. For Transportation, Docket Operations, M– of torque, do not remove or replace the information on the availability of this 30, West Building Ground Floor, Room screw, before further flight, apply a torque of material at the FAA, call (817) 222–5110. W12–140, 1200 New Jersey Avenue SE, 1–1.25 Nm. (3) The subject of this AD is addressed in Washington, DC 20590. (B) If the torque of a screw installed in the European Aviation Safety Agency (now • outer diameter of the upper end, in the inner Hand Delivery: Deliver to Mail European Union Aviation Safety Agency) address above between 9 a.m. and 5 diameter of the lower end (shaft extension (EASA) AD 2017–0083, dated May 10, 2017, p.m., Monday through Friday, except attachment area), or in the outer diameter of and EASA AD 2017–0087, dated May 12, the lower end is below 1 Nm of torque, before 2017. You may view the EASA ADs on the Federal holidays. further flight, remove the affected screw and internet at https://www.regulations.gov in the For material that is proposed for IBR washer from service, install a new screw and AD Docket. in this AD, contact the EASA, Konrad- washer, and apply a torque of 1–1.25 Nm. Adenauer-Ufer 3, 50668 Cologne, (C) Install double-twist lock wire by Issued on April 8, 2021. Germany; telephone +49 221 8999 000; following the Compliance Instructions, Lance T. Gant, email [email protected]; internet paragraphs 9)a) through g) of Annex A to Director, Compliance & Airworthiness ASB 139–472 or ASB 189–138, as applicable www.easa.europa.eu. You may find this Division, Aircraft Certification Service. to your model helicopter. material on the EASA website at https:// (vi) Mark the letter ‘‘L’’ following the S/N [FR Doc. 2021–07666 Filed 4–16–21; 8:45 am] ad.easa.europa.eu. You may view this on the identification label by following the BILLING CODE 4910–13–P material at the FAA, Office of the

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20342 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

Regional Counsel, Southwest Region, comments responsive to this NPRM the cable cutter function in accordance 10101 Hillwood Pkwy., Room 6N–321, contain commercial or financial with referenced service information. Fort Worth, TX 76177. For information information that is customarily treated EASA AD 2015–0017 also specifies to on the availability of this material at the as private, that you actually treat as not operate the hoist on any of the FAA, call 817–222–5110. It is also private, and that is relevant or model BO105 A, BO105 D, variant available in the AD docket on the responsive to this NPRM, it is important BO105 D, and BO105 DS helicopters. internet at https://www.regulations.gov that you clearly designate the submitted For most BO105 model helicopters, by searching for and locating Docket No. comments as CBI. Please mark each except for BO105 D, variant BO105 D, FAA–2021–0308. page of your submission containing CBI and BO105 DS model helicopters, EASA specifies to amend the helicopter flight Examining the AD Docket as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential manual (FM) to incorporate the You may examine the AD docket on under the FOIA, and they will not be temporary revision as specified in Table the internet at https:// placed in the public docket of this 1 of the EASA AD. www.regulations.gov by searching for NPRM. Submissions containing CBI This material is reasonably available and locating Docket No. FAA–2021– should be sent to Blaine Williams, because the interested parties have 0308; or in person at Docket Operations Aerospace Engineer, Cabin Safety & access to it through their normal course between 9 a.m. and 5 p.m., Monday Environmental Systems Section, Los of business or by the means identified through Friday, except Federal holidays. Angeles ACO Branch, Compliance & in the ADDRESSES section. The AD docket contains this NPRM, any Airworthiness Division, 3960 comments received, and other FAA’s Determination and Requirements Paramount Blvd., Lakewood, CA 90712; of This Proposed AD information. The street address for telephone (562) 627–5371; email Docket Operations is listed above. [email protected]. Any These products have been approved Comments will be available in the AD commentary that the FAA receives that by the aviation authority of another docket shortly after receipt. is not specifically designated as CBI will country, and is approved for operation FOR FURTHER INFORMATION CONTACT: be placed in the public docket for this in the United States. Pursuant to the Blaine Williams, Aerospace Engineer, rulemaking. bilateral agreement with the State of Cabin Safety & Environmental Systems Design Authority, the FAA has been Section, Los Angeles ACO Branch, Discussion notified of the unsafe condition Compliance & Airworthiness Division, The EASA, which is the Technical described in the EASA AD referenced 3960 Paramount Blvd., Lakewood, CA Agent for the Member States of the above. The FAA is proposing this AD 90712; telephone (562) 627–5371; email European Union, has issued EASA AD after evaluating all the relevant [email protected]. 2015–0017, dated February 4, 2015 information and determining the unsafe SUPPLEMENTARY INFORMATION: (EASA AD 2015–0017) to correct an condition described previously is likely to exist or develop in other products of Comments Invited unsafe condition for all Airbus Helicopters Deutschland GmbH Model these same type designs. The FAA invites you to send any BO105 A, BO105 C, BO105 D, BO105 S Proposed AD Requirements written relevant data, views, or and BO105 LS A–3 helicopters. arguments about this proposal. Send This proposed AD would require your comments to an address listed This proposed AD was prompted by accomplishing the actions specified in under ADDRESSES. Include ‘‘Docket No. uncommanded activation of the hoist EASA AD 2015–0017, described FAA–2021–0308; Project Identifier cable cutter function on an MBB–BK117 previously, as incorporated by MCAI–2020–00594–R’’ at the beginning C–1 helicopter which prompted a reference, except for any differences of your comments. The most helpful design review of the BO105 hoist identified as exceptions in the comments reference a specific portion of control grip with coiled cable. It was regulatory text of this proposed AD and the proposal, explain the reason for any determined that mechanical damage in except as discussed under ‘‘Differences recommended change, and include the harness of the control grip could Between this Proposed AD and the supporting data. The FAA will consider cause an uncommanded deployment of EASA AD.’’ Additionally, the owner/ all comments received by the closing the cable cutter function. The FAA is operator (pilot) may perform the date and may amend this proposal proposing this AD to prevent required visual checks but must enter because of those comments. uncommanded cutting of the hoist cable compliance with the applicable Except for Confidential Business and subsequent injury to persons being paragraph of this AD in the helicopter Information (CBI) as described in the lifted by the hoist and injury to persons maintenance records in accordance with following paragraph, and other on the ground. See the EASA AD for 14 CFR 43.9(a)(1) through (4) and information as described in 14 CFR additional background information. 91.417(a)(2)(v). A pilot may perform 11.35, the FAA will post all comments Related Service Information Under 1 these checks because they only involve received, without change, to https:// CFR Part 51 visually checking affected control grips www.regulations.gov, including any with coiled cable. This action can be personal information you provide. The For Model BO105 C, BO105 D, BO105 performed equally well by a pilot or a agency will also post a report S and BO105 LS A–3 helicopters, EASA mechanic. This check is an exception to summarizing each substantive verbal AD 2015–0017 specifies to perform an the FAA’s standard maintenance contact received about this proposal. initial and recurring inspections of the regulations. hoist control grip with coiled cable of Confidential Business Information the hoist and depending on the results, Explanation of Required Compliance CBI is commercial or financial replacing the hoist control grip with Information information that is both customarily and coiled cable with a serviceable part. In the FAA’s ongoing efforts to actually treated as private by its owner. EASA also specifies to replace any hoist improve the efficiency of the AD Under the Freedom of Information Act control grip with coiled cable that has process, the FAA initially worked with (FOIA) (5 U.S.C. 552), CBI is exempt exceeded 10 years since first installation Airbus and EASA to develop a process from public disclosure. If your or since last overhaul and to deactivate to use certain EASA ADs as the primary

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20343

source of information for compliance Interim Action For the reasons discussed above, I with requirements for corresponding The FAA considers this proposed AD certify this proposed regulation: FAA ADs. The FAA has since interim action. If final action is later (1) Is not a ‘‘significant regulatory coordinated with other manufacturers identified, the FAA might consider action’’ under Executive Order 12866, (2) Will not affect intrastate aviation and civil aviation authorities (CAAs) to further rulemaking then. use this process. As a result, EASA AD in Alaska, and 2015–0017 will be incorporated by Costs of Compliance (3) Will not have a significant reference in the FAA final rule. This The FAA estimates that this AD economic impact, positive or negative, proposed AD would, therefore, require affects 20 helicopters of U.S. Registry. on a substantial number of small entities compliance with EASA AD 2015–0017 Labor rates are estimated at $85 per under the criteria of the Regulatory Flexibility Act. in its entirety, through that work-hour. Based on these numbers, the incorporation, except for any differences FAA estimates that operators may incur List of Subjects in 14 CFR Part 39 the following costs in order to comply identified as exceptions in the Air transportation, Aircraft, Aviation regulatory text of this proposed AD. with this proposed AD. Inspecting the hoist control grip with safety, Incorporation by reference, Using common terms that are the same Safety. as the heading of a particular section in coiled cable would take up to one the EASA AD does not mean that quarter work-hour(s) for an estimated The Proposed Amendment operators need comply only with that cost of $21 per helicopter and $420 for Accordingly, under the authority the U.S. fleet, per inspection cycle. section. For example, where the AD delegated to me by the Administrator, Replacing the hoist control grip the FAA proposes to amend 14 CFR part requirement refers to ‘‘all required would take about 1 work-hour and parts 39 as follows: actions and compliance times,’’ cost $1,956 for an estimated cost of compliance with this AD requirement is $2,041 per helicopter. not limited to the section titled PART 39—AIRWORTHINESS Replacing the coiled cable would take DIRECTIVES ‘‘Required Action(s) and Compliance about 2 work-hours and parts cost Time(s)’’ in the EASA AD. Service $1,858 for an estimated cost of $2,028 ■ 1. The authority citation for part 39 information specified in EASA AD per helicopter. continues to read as follows: 2015–0017 that is required for Deactivation of the cable cutter Authority: 49 U.S.C. 106(g), 40113, 44701. compliance with EASA AD 2015–0017 function would take about 1 work hour will be available on the internet at and parts would cost about $26 for an § 39.13 [Amended] https://www.regulations.gov by estimated cost $111 per hoist control ■ 2. The FAA amends § 39.13 by adding searching for and locating Docket No. grip. the following new airworthiness FAA–2021–0308 after the FAA final directive: rule is published. Authority for This Rulemaking Title 49 of the United States Code Airbus Helicopters Deutschland GmbH Differences Between This Proposed AD (AHD): Docket No. FAA–2021–0308; specifies the FAA’s authority to issue Project Identifier MCAI–2020–00594–R. and the EASA AD rules on aviation safety. Subtitle I, (a) Comments Due Date Where EASA AD 2015–0017 refers to section 106, describes the authority of the FAA Administrator. Subtitle VII: The FAA must receive comments by June its effective date, this proposed AD 3, 2021. requires using the effective date of the Aviation Programs, describes in more detail the scope of the Agency’s FAA AD. Where EASA AD 2015–0017 (b) Affected Airworthiness Directives (ADs) authority. specifies this unsafe condition for None. The FAA is issuing this rulemaking Airbus Helicopters Deutschland GmbH under the authority described in (c) Applicability Model BO105 A, BO105 C, BO105 D, Subtitle VII, Part A, Subpart III, Section This AD applies to Airbus Helicopters BO105 S and BO105 LS A–3 44701: General requirements. Under Deutschland GmbH (AHD) Model BO–105A, helicopters, this proposed AD will not that section, Congress charges the FAA BO–105C, BO–105S, and BO–105LS A–3 include Model BO–105 D helicopters, with promoting safe flight of civil helicopters, certificated in any category, as because this model is not FAA type- aircraft in air commerce by prescribing identified in European Aviation Safety Agency (now European Union Aviation certificated. Where EASA AD 2015– regulations for practices, methods, and 0017 specifies replacing an affected Safety Agency) (EASA) AD 2015–0017 dated procedures the Administrator finds February 4, 2015 (EASA AD 2015–0017). part, this proposed AD requires necessary for safety in air commerce. removing the part from service. Where This regulation is within the scope of (d) Subject the service information referenced in that authority because it addresses an Joint Aircraft System Component (JASC) the EASA AD refers to calendar time for unsafe condition that is likely to exist or Code: 2500, Cabin Equipment/Furnishings. certain actions, this proposed AD uses develop on products identified in this (e) Reason hours time-in-service instead. The rulemaking action. EASA AD allows a tolerance to certain This AD was prompted by uncommanded Regulatory Findings activation of the hoist cable cutter function compliance times, whereas this on an MBB–BK117 C–1 helicopter which proposed AD does not. The EASA AD The FAA determined that this prompted a design review of the BO105 hoist requires using service information to proposed AD would not have federalism control grip with coiled cable. The FAA is accomplish the preflight checks of the implications under Executive Order issuing this AD to prevent uncommanded control grip with coil cable, whereas 13132. This proposed AD would not cutting of the hoist cable and subsequent this proposed AD would require have a substantial direct effect on the injury to persons being lifted by the hoist and visually checking the condition of the States, on the relationship between the injury to persons on the ground. control grip and coiled cable for national Government and the States, or (f) Compliance mechanical damage including deformed on the distribution of power and Comply with this AD within the or damaged switches, damaged housing, responsibilities among the various compliance times specified, unless already abrasion, cracks, and cuts instead. levels of government. done.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20344 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

(g) Requirements (2) Before using any approved AMOC, 2019–0824 using Federal e-Rulemaking Except as specified in paragraph (h) of this notify your appropriate principal inspector, Portal at https://www.regulations.gov. AD: Comply with all required actions and or lacking a principal inspector, the manager See the ‘‘Public Participation and compliance times specified in, and in of the local flight standards district office/ Request for Comments’’ portion of the certificate holding district office. accordance with, EASA AD 2015–0017. SUPPLEMENTARY INFORMATION section (h) Exceptions to EASA AD 2015–0017 (j) Related Information below for instructions on submitting (1) Where EASA AD 2015–0017 refers to its (1) For EASA AD 2015–0017, contact the comments. EASA, Konrad-Adenauer-Ufer 3, 50668 effective date, this AD requires using the FOR FURTHER INFORMATION CONTACT: If Cologne, Germany; telephone +49 221 8999 effective date of this AD. you have questions on this proposed (2) Where Note 1 of EASA AD 2015–0017 000; email [email protected]; internet www.easa.europa.eu. You may find this rule, call or email Mr. Lee D. Soule, specifies a non-cumulative compliance time Bridge Management Specialist, Ninth tolerance of 10% for certain required EASA AD on the EASA website at https:// compliance times, this AD does not allow ad.easa.europa.eu. You may view this Coast Guard District; telephone 216– this tolerance. material at the FAA, Office of the Regional 902–6085, email [email protected]. (3) Where paragraph (1) of EASA AD 2015– Counsel, Southwest Region, 10101 Hillwood SUPPLEMENTARY INFORMATION: 0017 specifies a compliance time of ‘‘not to Pkwy., Room 6N–321, Fort Worth, TX 76177. exceed 30 days’’, this AD requires a For information on the availability of this I. Table of Abbreviations material at the FAA, call 817–222–5110. This compliance time of within 13 hours time-in- CFR Code of Federal Regulations service. material may be found in the AD docket on the internet at https://www.regulations.gov DHS Department of Homeland Security (4) Where paragraph (4) of EASA AD 2015– FR Federal Register 0017 specifies a compliance time of ‘‘within by searching for and locating Docket No. FAA–2021–0308. IGLD85 International Great Lakes Datum of 9 months’’, this AD requires a compliance 1985 time of within 108 hours time-in-service. (2) For more information about this AD, contact Blaine Williams, Aerospace Engineer, LWD Low Water Datum based on IGLD85 (5) Where paragraph (5) of EASA AD 2015– OMB Office of Management and Budget 0017 specifies a compliance time of ‘‘within Cabin Safety & Environmental Systems Section, Los Angeles ACO Branch, NPRM Notice of Proposed Rulemaking 3 months’’, this AD requires a compliance (Advance, Supplemental) time of within 36 hours time-in-service. Compliance & Airworthiness Division, 3960 Paramount Blvd., Lakewood, CA 90712; § Section (6) Where paragraph (3) of EASA AD 2015– U.S.C. United States Code 0017 specifies replacing a part with a telephone (562) 627–5371; email serviceable part, this AD requires removing [email protected]. II. Background, Purpose and Legal the part from service. Issued on April 12, 2021. Basis (7) Where the service information Lance T. Gant, referenced in EASA AD 2015–0017 specifies The Milwaukee River is Director, Compliance & Airworthiness approximately 104 miles long. to use tooling, equivalent tooling may be Division, Aircraft Certification Service. used. Beginning in Fond du Lac County the (8) Where the service information [FR Doc. 2021–07800 Filed 4–16–21; 8:45 am] river flows easterly to a low head dam referenced in paragraph (2) of EASA AD BILLING CODE 4910–13–P just above the Humboldt Avenue Bridge 2015–0017 specifies a visual check of the at mile 3.22 in downtown Milwaukee, control grip coiled cable, this AD requires, WI. From here the river flows south to before next flight after the effective date of DEPARTMENT OF HOMELAND Lake Michigan. This southerly course of this AD involving a hoist operation, visually SECURITY checking the control grip with coiled cable the Milwaukee River divides the lakefront area from the rest of the city. for mechanical damage including deformed Coast Guard or damaged switches, damaged housing, The Menomonee River joins the abrasion, cracks, and cuts. These visual Milwaukee River at Mile 1.01 with the checks may be performed by the owner/ 33 CFR Part 117 Kinnickinnic River joining the operator (pilot) holding at least a private pilot [Docket No. USCG–2019–0824] Milwaukee River at Mile 0.39. 21 certificate and must be entered into the bridges cross the Milwaukee River from aircraft records showing compliance with RIN 1625–AA09 mile 0.19 to mile 3.22. In the early 20th this AD in accordance with 14 CFR 43.9(a)(1) Century, the Milwaukee River was through (4) and 14 CFR 91.417(a)(2)(v). The Drawbridge Operation Regulation; record must be maintained as required by 14 Milwaukee, Menomonee, and heavily used to support the industries in CFR 91.417, 121.380, or 135.439. Kinnickinnic Rivers and Burnham and around the Great Lakes. Today, the (9) Where EASA AD 2015–0017 refers to Canals, Milwaukee, WI river has been redeveloped as a tourist November 10, 2014, the effective date of and recreational destination. From its EASA AD 2014–0235, this AD requires using AGENCY: Coast Guard, DHS. confluence with the Milwaukee River the effective date of this AD. ACTION: Notice of proposed rulemaking. the Menomonee River flows west for 33 (10) The ‘‘Remarks’’ section of EASA AD miles. The lower three miles of the 2015–0017 does not apply to this AD. SUMMARY: The Coast Guard proposes to Menomonee River is passable by vessels (i) Alternative Methods of Compliance change the operating schedules of the over 600 feet in length. Seven bridges (AMOCs) bridges over the Milwaukee, cross the navigable portion of the Menomonee, and Kinnickinnic Rivers (1) The Manager, International Validation Menomonee River. Branch, FAA, has the authority to approve and South Menomonee and Burnham The South Menomonee Canal and the AMOCs for this AD, if requested using the Canals. The City of Milwaukee Burnham Canal were both excavated procedures found in 14 CFR 39.19. In requested the regulations to be reviewed during a waterways improvement accordance with 14 CFR 39.19, send your and updated to allow for a more project in 1864. Both man-made canals request to your principal inspector or local balanced flow of maritime and land are tributaries of the Menomonee River Flight Standards District Office, as based transportation. branching just above its mouth. The appropriate. If sending information directly DATES: Comments and relate material to the manager of the International Validation South Menomonee Canal is crossed by Branch, send it to the attention of the person must reach the Coast Guard on or before two bridges and the Burnham Canal is identified in paragraph (j)(2) of this AD. June 18, 2021. crossed by three bridges. The Information may be emailed to: 9-AVS-AIR- ADDRESSES: You may submit comments Kinnickinnic River flows north through [email protected]. identified by docket number USCG– the southern portion of the City of

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20345

Milwaukee connecting with the Street/Park Freeway Bridge, mile 2.14, Finally, the conversion of older business Milwaukee River near Lake Michigan. over the Milwaukee River with a building into condominiums have Only the lower 2.30 miles of the river vertical clearance in the closed position increased the evening vehicle traffic have been improved for vessel use. Five of 16 feet above IGLD85. The Cherry causing major traffic delays when the bridges cross the river with the Lincoln Street Bridge, mile 2.29, over the bridges are lifted. While the Milwaukee Avenue Bridge at the head of Milwaukee River with a vertical River is the primary concern with navigation. Freighters up to 1,000 feet in clearance in the closed position of 14 residents and mariners, this rulemaking length transfer cargoes at the confluence feet above IGLD85. The Pleasant Street proposes changes to the language of the Kinnickinnic and Milwaukee Bridge, mile 2.58, over the Milwaukee governing bridges in the entire Rivers. Most of the recreational vessels River with a vertical clearance in the Milwaukee Harbor area, for the purpose in Milwaukee moor in the lake front closed position of 14 feet above IGLD85. of updating these regulations to marinas and only transit the rivers. Boat The Canadian Pacific Railroad Bridge, accurately reflect the current yards on the Menomonee and mile 1.05, over the Menomonee River operational needs of these bridges and Kinnickinnic rivers haul out and store with a vertical clearance in the closed make them easier to understand by the most of the recreational vessels in the position of 8 feet above IGLD85. The general public. fall and winter months and launch the North Plankinton Avenue Bridge, mile Currently, the Canadian Pacific vessels in the spring. This action 1.08, over the Menomonee River with a Railroad Bridge at Mile 1.74 over the contributes to a considerable surge in vertical clearance in the closed position Burnham Canal and the Sixth Street drawbridge openings in the fall and of 14 feet above IGLD85. The North Bridge at Mile 1.37 over the Menomonee spring. Sixth Street Bridge, mile 1.37, over the River are closed by regulation and do not need to open for the passage of The following bridges will be Menomonee River with a vertical vessels. The City of Milwaukee has included in the proposed rule: The clearance in the closed position of 23 requested that the Sixteenth Street Union Pacific Railroad Bridge, mile feet above IGLD85. The Ember Lane Bridge, mile 2.14, over the Menomonee 0.59, over the Milwaukee River with a Bridge, mile 1.95, over the Menomonee River remain closed and not open by vertical clearance in the closed position River with a vertical clearance in the regulation. No vessels have requested a of 7 feet above internet Great Lakes closed position of 12 feet above IGLD85. The Sixteenth Street Bridge, mile 2.14, bridge opening in at least 10 years and Datum of 1985 (IGLD85). The Broadway the bridge provides a horizontal Street Bridge, mile 0.79, over the over the Menomonee River with a vertical clearance in the closed position clearance of 120 feet and a vertical Milwaukee River with a vertical clearance of 35 feet above IGLD85, clearance in the closed position of 14 of 35 feet above IGLD85. The South Sixth Street Bridge, mile 1.51, over the allowing most vessels to pass under the feet above IGLD85. The Water Street bridge without an opening. The Coast Bridge, mile 0.94, over the Milwaukee South Menomonee Canal with a vertical clearance in the closed position of 8 feet Guard is working with the City of River with a vertical clearance in the Milwaukee to convert the Sixteenth closed position of 14 feet above IGLD85. above IGLD85. The Union Pacific Railroad Bridge, mile 1.19, over the Street Bridge to a fixed structure. The St. Paul Avenue Bridge, mile 1.21, Ice has historically hindered or Kinnickinnic River with a vertical over the Milwaukee River with a prevented navigation during the winter clearance in the closed position of 8 feet vertical clearance in the closed position months. For the last eight years the above IGLD85. The Kinnickinnic of 14 feet above IGLD85. The Clybourn Coast Guard has authorized the Avenue Bridge, mile 1.67, over the Street Bridge, mile 1.28, over the drawbridges to open on signal with a Kinnickinnic River with a vertical Milwaukee River with a vertical 12-hour advance notice of arrival for clearance in the closed position of 14 clearance in the closed position of 8 feet vessels from November 19th to April feet above IGLD85. Michigan Street above IGLD85. The Canadian Pacific 16th. After careful review of the Bridge, mile 1.37, over the Milwaukee Railroad Bridge, mile 1.67, over the drawtender logs provided by the City of River with a vertical clearance in the Kinnickinnic River with a vertical Milwaukee, the Coast Guard proposes to closed position of 12 feet above IGLD85. clearance in the closed position of 15 allow all bridges to require a 12-hour The Wisconsin Avenue Bridge, mile feet above IGLD85. Finally, the South advance notice for openings from 1.46, over the Milwaukee River with a First Street Bridge, mile 1.78, over the November 1st to April 15th each year. vertical clearance in the closed position Kinnickinnic River with a vertical The City of Milwaukee requested that of 12 feet above IGLD85. The Wells clearance in the closed position of 14 from 11 p.m. to 7 a.m. daily, the bridges Street Bridge, mile 1.61, over the feet above IGLD85. These bridges would open on signal with a 2-hour Milwaukee River with a vertical currently operate under Title 33 of the advance notice. During these hours the clearance in the closed position of 12 Code of Federal Regulations (33 CFR bridges would not be manned and feet above IGLD85. The Kilbourn 117.1093). roving drawtenders would open the Avenue Bridge, mile 1.70, over the In response to downtown Milwaukee bridges for vessels. After reviewing the Milwaukee River with a vertical residents’ concerns regarding a 2016, 2017, and 2018 drawtender logs it clearance in the closed position of 14 pronounced increase in vehicular traffic was found that for those hours between feet above IGLD85. The State Street in the area, the City of Milwaukee has April and November of each year an Bridge, mile 1.79, over the Milwaukee requested a complete review of the average of 45 vessels requested River with a vertical clearance in the bridge regulations in this area. Over the openings. Of these requests an average closed position of 14 feet above IGLD85. years, these regulations have been of 32 openings were between the hours The Highland Avenue Pedestrian amended considerably. This has had the of 11 p.m. and midnight. From midnight Bridge, mile 1.97, over the Milwaukee effect of making them difficult to to 7 a.m. there were only 13 vessels that River with a vertical clearance in the comprehend to the average person. requested openings. After reviewing the closed position of 12 feet above IGLD85. Additionally, the cyclic higher water data we have concluded that due to a The Juneau Avenue Bridge, mile 2.06, levels over the past 3 years and lack of openings from midnight to 7 a.m. over the Milwaukee River with a increased number of passenger vessels that a two-hour advance notice of arrival vertical clearance in the closed position in the downtown area have resulted in for a bridge opening meets the of 14 feet above IGLD85. The Knapp significantly more bridge openings. reasonable needs of navigation.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20346 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

The City of Milwaukee also reported tender stated the request for advance A. Regulatory Planning and Review receiving several complaints from notice for bridge opening was not residents in the downtown area passed on by the previous drawtender Executive Orders 12866 and 13563 concerning the noise associated with the and that priority was given to working direct agencies to assess the costs and waterfront. To improve the quality of on a train and not tending to the bridge. benefits of available regulatory downtown living we propose to remove This resulted in three large vessels stuck alternatives and, if regulation is the special sound signals listed in the between bridges waiting for the railroad necessary, to select regulatory CFR for each bridge. Mariners would bridge to open for two hours and forty- approaches that maximize net benefits. request openings by using the standard five minutes past the arrival time This NPRM has not been designated a sound signal of one prolonged blast provided by the vessels. We received a ‘‘significant regulatory action,’’ under followed by one short blast or by separate report that the bridge was out Executive Order 12866. Accordingly, agreement on VHF–FM Marine Radio or of service for four days, no report was the NPRM has not been reviewed by the by telephone. From Midnight to 7 a.m. given to the U.S. Coast Guard Command Office of Management and Budget the bridges would require a 2-hour Center and at least one vessel was (OMB). advance notice of arrival provided by delayed for four days. We received This regulatory action determination VHF–FM Marine Radio or by telephone another report that the bridge was is based on the ability that vessels can thus reducing some of the noise unable to open on October 6, 2020 still transit the bridge given advanced associated with the waterfront. notice. The City of Milwaukee requests to because the bridge supervisor directed operate the following bridges remotely: the drawtender to a different location B. Impact on Small Entities North Plankinton Avenue, mile 1.08, for the day and no other operators were North Sixth Street, mile 1.37, and North available until the following day. We The Regulatory Flexibility Act of 1980 Ember Lane, mile 1.95, all over the received a separate report on the same (RFA), 5 U.S.C. 601–612, as amended, Menomonee River. Each remotely day of October 6, 2020 from a second requires federal agencies to consider the operated bridge will have sufficient vessel that was told railroad had been potential impact of regulations on small equipment to operate as if a drawtender attempting to call in another drawtender entities during rulemaking. The term is in attendance at the bridge. No from 4:30 a.m. to 8:19 a.m. without ‘‘small entities’’ comprises small drawtender will be responsible for success and the bridge would not open businesses, not-for-profit organizations monitoring or operating more than 3 for maritime traffic. On or about June that are independently owned and drawbridges at any time. At a minimum 13, 2020 three sailing vessels were operated and are not dominant in their each remotely operated drawbridge will observed waiting at the Canadian Pacific fields, and governmental jurisdictions have the capabilities to communicate by Railroad Bridge at 3:23 p.m. and were with populations of less than 50,000. 2-way public address system, not provided an opening until after 5:30 The Coast Guard certifies under 5 U.S.C. equipment capable of making p.m. 605(b) that this proposed rule would not appropriate sound signals as required, The second report was a comment have a significant economic impact on and have adequate camera systems in submitted to the Regulations.Gov portal a substantial number of small entities. place to safely operate the bridge. The that requested the schedules to return to While some owners or operators of vessels intending to transit the bridge current regulation allows for no the original schedules citing vessels openings from 7:30 a.m. to 8:30 a.m. and may be small entities, for the reasons were using excessive speed to go from 4:30 p.m. to 5:30 p.m. for vehicular stated in section IV.A above this through the river to make the new rush hours. The city has requested to proposed rule would not have a schedule. The speed limits in the harbor start the evening rush hour at 4 p.m. significant economic impact on any needs to be addressed by the agency instead of 4:30 p.m. to help relieve vessel owner or operator. vehicle congestion. responsible for posting the speed limits in the harbor and the author did not If you think that your business, III. Discussion of Proposed Rule consider the needs of all modes of organization, or governmental On April 8, 2020 we published a transportation involved with the jurisdiction qualifies as a small entity Temporary Deviation, request for decision. and that this rule would have a comments in FR 2020–06822 and we significant economic impact on it, On March 30, 2021 we received a please submit a comment (see did not receive any comments. We report from a public vessel that, the ADDRESSES) explaining why you think it published a Temporary Final Rule on drawtender did inform the vessel that March 9, 2020 in FR 2020–04659 qualifies and how and to what degree requested an opening that a new law this rule would economically affect it. requesting comments before November required the bridge to remain closed if 2, 2020. This Temporary Final Rule ice was present. Under section 213(a) of the Small allowed the city to test the new Business Regulatory Enforcement Our office did engage with residents schedule and allow residents to Fairness Act of 1996 (Pub. L. 104–121), verbally over the phone on several comment all summer. we want to assist small entities in Several comments were directed at occasions to answer questions and understanding this proposed rule. If the the operation of the Canadian Pacific encouraged them to leave comments on rule would affect your small business, Railroad Bridge, mile 1.05, over the the regulations.gov website. organization, or governmental Menomonee River. Most of the IV. Regulatory Analyses jurisdiction and you have questions comments were complaints filed on concerning its provisions or options for Coast Guard Delay reports that claims We developed this proposed rule after compliance, please contact the person the Canadian Pacific Railroad Bridge, considering numerous statutes and listed in the FOR FURTHER INFORMATION mile 1.05, over the Menomonee River, Executive Orders related to rulemaking. CONTACT section. The Coast Guard will did, on August 6, 2020 on or about noon Below we summarize our analyses not retaliate against small entities that that day fail to respond to signals for based on these statutes and Executive question or complain about this opening and fail to open the bridge Orders and we discuss First proposed rule or any policy or action of within the 2-hour requirement. The Amendment rights of protestors. the Coast Guard.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20347

C. Collection of Information significant effect on the human when comments are posted or a final This proposed rule would call for no environment. This proposed rule rule is published. promulgates the operating regulations or new collection of information under the List of Subjects in 33 CFR Part 117 Paperwork Reduction Act of 1995 (44 procedures for drawbridges. Normally Bridges. U.S.C. 3501–3520.). such actions are categorically excluded from further review, under paragraph For the reasons discussed in the D. Federalism and Indian Tribal L49, of Chapter 3, Table 3–1 of the U.S. preamble, the Coast Guard proposes to Governments Coast Guard Environmental Planning amend 33 CFR part 117 as follows: A rule has implications for federalism Implementation Procedures. under Executive Order 13132 Neither a Record of Environmental PART 117—DRAWBRIDGE (Federalism), if it has a substantial Consideration nor a Memorandum for OPERATION REGULATIONS direct effect on the States, on the the Record are required for this rule. We ■ 1. The authority citation for part 117 relationship between the national seek any comments or information that continues to read as follows: government and the States, or on the may lead to the discovery of a distribution of power and significant environmental impact from Authority: 33 U.S.C. 499; 33 CFR 1.05–1; responsibilities among the various this proposed rule. DHS Delegation No. 0170.1. levels of government. We have analyzed G. Protest Activities ■ 2. Revise § 117.1093 to read as this proposed rule under that Order and follows: have determined that it is consistent The Coast Guard respects the First with the fundamental federalism Amendment rights of protesters. § 117.1093 Milwaukee, Menomonee, and principles and preemption requirements Protesters are asked to contact the Kinnickinnic Rivers and South Menomonee and Burnham Canals. described in Executive Order 13132. person listed in the FOR FURTHER Also, this proposed rule does not have INFORMATION CONTACT section to (a) The draws of the bridges over the tribal implications under Executive coordinate protest activities so that your Milwaukee River shall operate as Order 13175 (Consultation and message can be received without follows: Coordination with Indian Tribal jeopardizing the safety or security of (1) The draws of the North Broadway Governments) because it would not people, places or vessels. Street bridge, mile 0.5, and North Water have a substantial direct effect on one or Street bridge, mile 0.6, and Michigan V. Public Participation and Request for Street bridge, mile 1.1, shall open on more Indian tribes, on the relationship Comments between the Federal Government and signal; except that, from April 16th Indian tribes, or on the distribution of We view public participation as through November 1st, from 7:30 a.m. to power and responsibilities between the essential to effective rulemaking, and 8:30 a.m. and from 4 p.m. to 5:30 p.m. Federal Government and Indian tribes. will consider all comments and material Monday through Friday, except Federal If you believe this proposed rule has received during the comment period. holidays, the draws need not be opened, implications for federalism or Indian Your comment can help shape the and from midnight to 7 a.m. Monday tribes, please contact the person listed outcome of this rulemaking. If you through Saturday except Federal in the FOR FURTHER INFORMATION submit a comment, please include the holidays the bridges will open on signal CONTACT section. docket number for this rulemaking, if a 2-hour advance notice is provided. indicate the specific section of this (2) The draws of all other bridges E. Unfunded Mandates Reform Act document to which each comment across the Milwaukee River shall open The Unfunded Mandates Reform Act applies, and provide a reason for each on signal if at least 2-hours’ notice is of 1995 (2 U.S.C. 1531–1538) requires suggestion or recommendation. given except that, from April 16th Federal agencies to assess the effects of We encourage you to submit through November 1st, from 7:30 a.m. to their discretionary regulatory actions. In comments through the Federal 8:30 a.m. and from 4 p.m. to 5:30 p.m. particular, the Act addresses actions eRulemaking Portal at https:// Monday through Friday, except Federal that may result in the expenditure by a www.regulations.gov. If your material holidays, the draws need not be opened. State, local, or tribal government, in the cannot be submitted using https:// (3) The following bridges are remotely aggregate, or by the private sector of www.regulations.gov, contact the person operated, are required to operate a $100,000,000 (adjusted for inflation) or in the FOR FURTHER INFORMATION radiotelephone, and shall open as noted more in any one year. Though this CONTACT section of this document for in this section; St. Paul Avenue, mile proposed rule will not result in such an alternate instructions. 1.21, Clybourn Street, mile 1.28, Wells expenditure, we do discuss the effects of We accept anonymous comments. All Street, mile 1.61, Kilbourn Street, mile this proposed rule elsewhere in this comments received will be posted 1.70, State Street, mile 1.79, Highland preamble. without change to https:// Avenue, mile 1.97, and Knapp Street, www.regulations.gov and will include mile 2.14. F. Environment any personal information you have (4) No vessel documented 12 tons or We have analyzed this rule under provided. For more about privacy and greater shall be held between any bridge Department of Homeland Security submissions in response to this at any time and must be passed as soon Management Directive 023–01, Rev.1, document, see DHS’s eRulemaking as possible. associated implementing instructions, System of Records notice (85 FR 14226, (5) From November 2nd through April and Environmental Planning Policy March 11, 2020). 15th, all drawbridges over the COMDTINST 5090.1 (series), which Documents mentioned in this NPRM Milwaukee River will open on signal if guide the Coast Guard in complying as being available in this docket and all a 12-hour advance notice is provided. with0 the National Environmental public comments, will be in our online (b) The draws of bridges across the Policy Act of 1969 (NEPA) (42 U.S.C. docket at https://www.regulations.gov Menomonee River and South 4321–4370f). The Coast Guard and can be viewed by following that Menomonee Canal operate as follows: determined that this action is one of a website’s instructions. Additionally, if (1) The draw of the North Plankinton category of actions that do not you go to the online docket and sign up Avenue bridge across the Menomonee individually or cumulatively have a for email alerts, you will be notified River, mile 1.08, and the Canadian

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20348 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

National Railroad bridge, mile 1.05, the Kinnickinnic River will open on • Postal Mail, Commercial Delivery, shall open on signal; except that, from signal if a 12-hour advance notice is or Hand Delivery: If you mail or deliver April 16th through November 1st, from provided. your comments about the proposed 7:30 a.m. to 8:30 a.m. and from 4 p.m. (d) The Canadian Pacific Railroad priorities, address them to Mia to 5:30 p.m. Monday through Friday, Bridge at Mile 1.74 over the Burnham Howerton, U.S. Department of except Federal holidays, the draws need Canal, and the Sixteenth Street Bridge, Education, 400 Maryland Avenue SW, not be opened, and from midnight to 7 mile 2.14, over the Menomonee River Room 3C152, Washington, DC 20202. a.m. Monday through Friday except are closed by regulation and do not need Privacy Note: The Department’s Federal holidays the bridges will open to open for the passage of vessels. policy is to make all comments received on signal if a 2-hour advance notice is Dated: April 2, 2021. from members of the public available for provided. public viewing in their entirety on the D.L. Cottrell, (2) The draws of all other bridges Federal eRulemaking Portal at across the Menomonee River and South Rear Admiral, U.S. Coast Guard, Commander, www.regulations.gov. Therefore, Ninth Coast Guard District. Menomonee Canal shall open on signal commenters should be careful to if at least 2-hours’ notice is given except [FR Doc. 2021–07990 Filed 4–16–21; 8:45 am] include in their comments only that, from April 16th through November BILLING CODE 9110–04–P information that they wish to make 1st, from 7:30 a.m. to 8:30 a.m. and from publicly available. 4 p.m. to 5:30 p.m. Monday through FOR FURTHER INFORMATION CONTACT: Mia Friday, except Federal holidays, the DEPARTMENT OF EDUCATION Howerton, U.S. Department of draws need not be opened. Education, 400 Maryland Avenue SW, (3) The following bridges are remotely 34 CFR Chapter II Room 3C152, Washington, DC 20202. operated, are required to operate a [Docket ID ED–2021–OESE–0033] Telephone: (202) 205–0147. Email: radiotelephone, and shall open as noted [email protected]. in this section; North Plankinton Proposed Priorities—American History If you use a telecommunications Avenue, mile 1.08, North Sixth Street, and Civics Education device for the deaf (TDD) or a text mile 1.37, and North Ember Lane, mile telephone (TTY), call the Federal Relay 1.95, all over the Menomonee River and AGENCY: Office of Elementary and Service (FRS), toll-free, at 1–800–877– South Sixth Street, mile 1.51, over the Secondary Education, Department of 8339. South Menomonee Canal. Education. SUPPLEMENTARY INFORMATION: (4) No vessel documented over 12 ACTION: Proposed priorities. tons shall be held between any bridge at Invitation to Comment: We invite you to submit comments regarding the any time and must be passed as soon as SUMMARY: The Department of Education possible. (Department) proposes two priorities for proposed priorities. To ensure that your (5) From November 2nd through April the American History and Civics comments have maximum effect in 15th, all drawbridges over the Education programs, including the developing the notice of final priorities, Menomonee River and South Presidential and Congressional we urge you to clearly identify the Menomonee Canal will open on signal Academies for American History and specific section of the proposed if a 12-hour advance notice is provided. Civics(Academies) and National priorities that each comment addresses. We invite you to assist us in (c) The draws of bridges across the Activities programs, Assistance Listing complying with the specific Kinnickinnic River operate as follows: Numbers 84.422A and 84.422B. We may requirements of Executive Orders 12866 (1) The draw of the Kinnickinnic use these priorities for competitions in and 13563 and their overall requirement Avenue bridge, mile 1.5, shall open on fiscal year (FY) 2021 and later years. We of reducing regulatory burden that signal; except that, from April 16th propose these priorities to support the might result from the proposed through November 1st, from 7:30 a.m. to development of culturally responsive priorities. Please let us know of any 8:30 a.m. and from 4 p.m. to 5:30 p.m. teaching and learning and the further ways we could reduce potential Monday through Friday, except Federal promotion of information literacy skills costs or increase potential benefits holidays, the draws need not be opened, in grants under these programs. and from midnight to 7 a.m. Monday while preserving the effective and DATES: through Friday, except Federal holidays, We must receive your comments efficient administration of our programs. the bridges will open on signal if a 2- on or before May 19, 2021. During and after the comment period, hour advance notice is provided. ADDRESSES: Submit your comments you may inspect all public comments (2) The draws of all other bridges through the Federal eRulemaking Portal about the proposed priorities by across the Kinnickinnic River shall open or via postal mail, commercial delivery, accessing Regulations.gov. Due to the on signal if at least 2-hours’ notice is or hand delivery. We will not accept novel coronavirus 2019 (COVID–19) given except that, from April 16th comments submitted by fax or by email pandemic, the Department buildings are through November 1st, from 7:30 a.m. to or those submitted after the comment currently not open to the public. 8:30 a.m. and from 4 p.m. to 5:30 p.m. period. To ensure that we do not receive However, upon reopening you may also Monday through Friday, except Federal duplicate copies, please submit your inspect the comments in person in holidays, the draws need not be opened. comments only once. In addition, please Room 3C152, 400 Maryland Avenue (3) The following bridges are remotely include the Docket ID at the top of your SW, Washington, DC, between the hours operated, are required to operate a comments. of 8:30 a.m. and 4:00 p.m., Eastern time, radiotelephone, and shall open as noted • Federal eRulemaking Portal: Go to Monday through Friday of each week in this section; The South First Street www.regulations.gov to submit your except Federal holidays. Bridge, mile 1.78. comments electronically. Information Assistance to Individuals With (4) No vessel documented over 12 on using Regulations.gov, including Disabilities in Reviewing the tons shall be held between any bridge at instructions for accessing agency Rulemaking Record: On request, we will any time and must be passed as soon as documents, submitting comments, and provide an appropriate accommodation possible. (5) From November 2nd viewing the docket, is available on the or auxiliary aid to an individual with a through April 15th, all drawbridges over site under ‘‘FAQ.’’ disability who needs assistance to

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20349

review the comments or other national reckoning with systemic racism students that their social identities are documents in the public rulemaking have highlighted the urgency of an asset rather than a barrier to success record for the proposed priorities. If you improving racial equity throughout our in the classroom. And, through strong want to schedule an appointment for society, including in our education positive relationships and opportunities this type of accommodation or auxiliary system. As Executive Order 13985 to learn, they feel they are welcomed, aid, please contact the person listed states: ‘‘Our country faces converging supported, and valued as members of under FOR FURTHER INFORMATION economic, health, and climate crises the learning community.’’ 4 CONTACT. that have exposed and exacerbated The proposed priority would support Purpose of Programs: The American inequities, while a historic movement projects that incorporate culturally and History and Civics Education programs for justice has highlighted the linguistically responsive learning support efforts to improve: (1) The unbearable human costs of systemic environments. quality of American history, civics, and racism. Our Nation deserves an Proposed Priority: government education by educating ambitious whole-of-government equity students about the history and agenda that matches the scale of the Under this priority, the applicants principles of the Constitution of the opportunities and challenges that we propose projects that incorporate United States, including the Bill of face.’’ 1 teaching and learning practices that Rights; and (2) the quality of the American History and Civics reflect the diversity, identities, histories, teaching of American history, civics, Education programs can play an contributions, and experiences of all and government in elementary schools important role in this critical effort by students create inclusive, supportive, and secondary schools, including the supporting teaching and learning that and identity-safe learning environments. teaching of traditional American reflects the breadth and depth of our In its application, an applicant history. Nation’s diverse history and the vital addressing this priority must describe The Academies program supports the role of diversity in our Nation’s how its proposed project incorporates establishment of: (1) Presidential democracy. For example, there is teaching and learning practices that— Academies for the Teaching of growing acknowledgement of the (a) Take into account systemic American History and Civics that offer importance of including, in the teaching marginalization, biases, inequities, and workshops for both veteran and new and learning of our country’s history, discriminatory policy and practice in teachers to strengthen their knowledge both the consequences of slavery, and American history; of American history, civics, and the significant contributions of Black (b) Incorporate racially, ethnically, government education (Presidential Americans to our society. This Academies); and (2) Congressional culturally, and linguistically diverse acknowledgement is reflected, for perspectives and perspectives on the Academies for Students of American example, in the New York Times’ History and Civics that provide high experience of individuals with landmark ‘‘1619 Project’’ and in the disabilities; school students opportunities to enrich resources of the Smithsonian’s National their understanding of these subjects Museum of African American History.2 (c) Encourage students to critically (Congressional Academies). Accordingly, schools across the analyze the diverse perspectives of The purpose of the National Activities country are working to incorporate anti- historical and contemporary media and program is to promote new and existing racist practices into teaching and its impacts; evidence-based strategies to encourage learning. As the scholar Ibram X. Kendi (d) Support the creation of learning innovative American history, civics and has expressed, ‘‘[a]n antiracist idea is environments that validate and reflect government, and geography instruction, any idea that suggests the racial groups the diversity, identities, and experiences learning strategies, and professional are equals in all their apparent of all students; and development activities and programs for differences—that there is nothing right (e) Contribute to inclusive, teachers, principals, or other school or wrong with any racial group. supportive, and identity-safe learning leaders, particularly such instruction, Antiracist ideas argue that racist environments. strategies, activities, and programs that policies are the cause of racial Proposed Priority 2—Promoting benefit low-income students and 3 inequities.’’ It is critical that the Information Literacy Skills. underserved populations. teaching of American history and civics Program Authority: Title II, part B, creates learning experiences that Background: subpart 3 of the Elementary and validate and reflect the diversity, Effective civics education is vital to Secondary Education Act of 1965, as identities, histories, contributions, and protecting the Nation’s democracy— amended (ESEA), 20 U.S.C. 6662 and experiences of all students. especially at a time when its core 6663. In turn, racially, ethnically, culturally, institutions and values are threatened Proposed Priorities: The Department and linguistically responsive teaching by misinformation. As The Power of proposes two priorities to support the and learning practices contribute to Active Citizenship notes: ‘‘Teaching development of culturally responsive what has been called an ‘‘identity-safe’’ civics should be more than just teaching and learning and the learning environment. According to the understanding the structures and promotion of information literacy skills authors Dorothy Steele and Becki Cohn- functions of government . . . [It] is in grants under the American History Vargas, ‘‘Identity safe classrooms are crucial that students learn how to gather and Civics Education programs. those in which teachers strive to assure and evaluate sources of information, Proposed Priority 1—Projects That and then use evidence from that Incorporate Racially, Ethnically, 1 86 FR 7009 (Jan. 25, 2021), information to develop and support Culturally, and Linguistically Diverse www.federalregister.gov/documents/2021/01/25/ their ideas and advocacy positions. No Perspectives into Teaching and 2021-01753/advancing-racial-equity-and-support- polity can make wise decisions if its for-underserved-communities-through-the-federal- Learning. citizens do not know how to separate Background: The Department government. 2 www.nytimes.com/interactive/2019/08/14/ recognizes that COVID–19—with its magazine/1619-america-slavery.html. 4 Steele, Dorothy M., and Becki Cohn-Vargas, disproportionate impact on 3 Kendi, Ibram X, How to Be an Antiracist (New Identify Safe Classrooms (Thousand Oaks, Corwin, communities of color—and the ongoing York, One World, 2019). 2013).

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20350 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

fact from opinion, and how to gather uncovering and recognizing bias in (1) Have an annual effect on the and weigh relevant evidence.’’ 5 primary and secondary sources; economy of $100 million or more, or Ensuring that students have strong (c) Synthesizing information into adversely affect a sector of the economy, information literacy skills is especially cogent communications; and productivity, competition, jobs, the important in an age of digital media (d) Understanding how inaccurate environment, public health or safety, or consumption. According to a 2019 information may be used to manipulate State, local, or Tribal governments or survey from Common Sense Media and individuals, and developing strategies to communities in a material way (also Survey Monkey: ‘‘Teens get their news recognize accurate and inaccurate referred to as an ‘‘economically more frequently from social media sites information. significant’’ rule); (e.g., Facebook and Twitter) or from Types of Priorities: (2) Create serious inconsistency or YouTube than directly from news When inviting applications for a otherwise interfere with an action taken organizations. More than half of teens competition using one or more or planned by another agency; (54%) get news from social media, and priorities, we designate the type of each (3) Materially alter the budgetary 50% get news from YouTube at least a priority as absolute, competitive impacts of entitlement grants, user fees, few times a week. Fewer than half, 41%, preference, or invitational through a or loan programs or the rights and get news reported by news organizations notice in the Federal Register. The obligations of recipients thereof; or in print or online at least a few times a effect of each type of priority follows: (4) Raise novel legal or policy issues week, and only 37% get news on TV at Absolute priority: Under an absolute arising out of legal mandates, the priority, we consider only applications least a few times a week.’’ Among teens President’s priorities, or the principles that meet the priority (34 CFR who got their news from YouTube, two- stated in the Executive order. 75.105(c)(3)). This proposed regulatory action is not thirds reported learning about the news Competitive preference priority: from celebrities and influencers, rather a significant regulatory action subject to 6 Under a competitive preference priority, review by OMB under section 3(f) of than news organizations. we give competitive preference to an In a 2017 report, the Brookings Executive Order 12866. application by (1) awarding additional Institution concluded that, ‘‘Funding We have also reviewed this proposed points, depending on the extent to efforts to enhance news literacy should regulatory action under Executive Order which the application meets the priority be a high priority for governments. This 13563, which supplements and (34 CFR 75.105(c)(2)(i)); or (2) selecting is especially the case with people who explicitly reaffirms the principles, an application that meets the priority structures, and definitions governing are going online for the first time. For over an application of comparable merit those individuals, it is hard to regulatory review established in that does not meet the priority (34 CFR Executive Order 12866. To the extent distinguish false from real news, and 75.105(c)(2)(ii)). they need to learn how to evaluate news permitted by law, Executive Order Invitational priority: Under an 13563 requires that an agency— sources, not accept at face value invitational priority we are particularly everything they see on social media or (1) Propose or adopt regulations only interested in applications that meet the on a reasoned determination that their digital news sites. Helping people priority. However, we do not give an become better consumers of online benefits justify their costs (recognizing application that meets the priority a that some benefits and costs are difficult information is crucial as the world preference over other applications (34 7 to quantify); moves towards digital immersion.’’ CFR 75.105(c)(1)). Civics education can be an (2) Tailor its regulations to impose the Final Priorities: least burden on society, consistent with opportunity to help students develop We will announce the final priorities obtaining regulatory objectives and the skills necessary to meaningfully in a document published in the Federal taking into account—among other things participate in our democracy and Register. We will determine the final and to the extent practicable—the costs distinguish fact from misinformation. priorities after considering responses to of cumulative regulations; Well-designed programs can fuel the proposed priorities and other (3) In choosing among alternative student engagement in our democracy information available to the Department. regulatory approaches, select those and provide students with the This document does not preclude us approaches that maximize net benefits knowledge and skills to critically from proposing additional priorities, (including potential economic, evaluate the materials they encounter by requirements, definitions, or selection environmental, public health and safety, developing their information literacy. criteria, subject to meeting applicable and other advantages; distributive Proposed Priority: rulemaking requirements. In its application, the applicants impacts; and equity); propose projects that describe how they Note: This document does not solicit (4) To the extent feasible, specify applications. In any year in which we choose will foster critical thinking and promote performance objectives, rather than the to use the priorities, we invite applications behavior or manner of compliance a student engagement in civics education through a notice inviting applications in the through professional development or Federal Register. regulated entity must adopt; and other activities designed to support (5) Identify and assess available students in— Executive Orders 12866 and 13563 alternatives to direct regulation, including economic incentives—such as (a) Evaluating sources and evidence Regulatory Impact Analysis using standards of proof; user fees or marketable permits—to (b) Understanding their own biases Under Executive Order 12866, it must encourage the desired behavior, or when reviewing information, as well as be determined whether this regulatory provide information that enables the action is ‘‘significant’’ and, therefore, public to make choices. 5 https://www.aft.org/ae/summer2018/graham_ subject to the requirements of the Executive Order 13563 also requires weingarten. Executive order and subject to review by an agency ‘‘to use the best available 6 https://www.commonsensemedia.org/about-us/ the Office of Management and Budget techniques to quantify anticipated news/press-releases/new-survey-reveals-teens-get- (OMB). Section 3(f) of Executive Order present and future benefits and costs as their-news-from-social-media-and-youtube. 7 Brookings Institution, 12/18/2017, https:// 12866 defines a ‘‘significant regulatory accurately as possible.’’ The Office of www.brookings.edu/research/how-to-combat-fake- action’’ as an action likely to result in Information and Regulatory Affairs of news-and-disinformation/ a rule that may— OMB has emphasized that these

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20351

techniques may include ‘‘identifying sections, use of headings, paragraphing, Paperwork Reduction Act changing future compliance costs that etc.) aid or reduce their clarity? • The proposed priorities contain might result from technological Would the proposed regulations be information collection requirements that innovation or anticipated behavioral easier to understand if we divided them are approved by OMB under OMB into more (but shorter) sections? changes.’’ control number 1894–0006; the • Could the description of the We are issuing the proposed priorities proposed priorities do not affect the proposed regulations in the only on a reasoned determination that currently approved data collection. SUPPLEMENTARY INFORMATION section of their benefits would justify their costs. Accessible Format: On request to the this preamble be more helpful in In choosing among alternative program contact person listed under FOR making the proposed regulations easier regulatory approaches, we selected FURTHER INFORMATION CONTACT, to understand? If so, how? those approaches that would maximize individuals with disabilities can obtain net benefits. Based on an analysis of • What else could we do to make the proposed regulations easier to this document in an accessible format. anticipated costs and benefits, we The Department will provide the believe that the proposed priorities are understand? To send any comments that concern requestor with an accessible format that consistent with the principles in may include Rich Text Format (RTF) or Executive Order 13563. how the Department could make the proposed priorities easier to understand, text format (txt), a thumb drive, an MP3 We also have determined that this file, braille, large print, audiotape, or regulatory action does not unduly see the instructions in the ADDRESSES section. compact disc, or other accessible format. interfere with State, local, and Tribal Electronic Access to This Document: governments in the exercise of their Intergovernmental Review: These programs are subject to Executive Order The official version of this document is governmental functions. the document published in the Federal In accordance with the Executive 12372 and the regulations in 34 CFR part 79. One of the objectives of the Register. You may access the official orders, the Department has assessed the edition of the Federal Register and the potential costs and benefits, both Executive order is to foster an intergovernmental partnership and a Code of Federal Regulations at quantitative and qualitative, of this www.govinfo.gov. At this site you can regulatory action. The potential costs strengthened federalism. The Executive order relies on processes developed by view this document, as well as all other are those resulting from statutory documents of the Department published requirements and those we have State and local governments for coordination and review of proposed in the Federal Register, in text or determined as necessary for Portable Document Format (PDF). To administering the Department’s Federal financial assistance. This document provides early use PDF you must have Adobe Acrobat programs and activities. Reader, which is available free at the Potential Costs and Benefits notification of our specific plans and The Department believes that this actions for these programs. site. You may also access documents of the proposed regulatory action would not Regulatory Flexibility Act Certification Department published in the Federal impose significant costs on eligible Register by using the article search entities, whose participation in our The Secretary certifies that this feature at www.federalregister.gov. programs is voluntary, and costs can proposed regulatory action would not Specifically, through the advanced generally be covered with grant funds. have a significant economic impact on search feature at this site, you can limit As a result, the proposed priorities a substantial number of small entities. your search to documents published by would not impose any particular burden The U.S. Small Business Administration the Department. except when an entity voluntarily elects Size Standards define proprietary to apply for a grant. The proposed institutions as small businesses if they Ruth Ryder, priorities would help ensure that the are independently owned and operated, Deputy Assistant Secretary for Policy and American History and Civics Education are not dominant in their field of Programs, Office of Elementary and programs support the development of operation, and have total annual Secondary Education. culturally responsive teaching and revenue below $7,000,000. Nonprofit [FR Doc. 2021–08068 Filed 4–16–21; 8:45 am] learning practices and promote institutions are defined as small entities BILLING CODE 4000–01–P students’ acquisition of critical if they are independently owned and information literacy skills. We believe operated and not dominant in their field these benefits would outweigh any of operation. Public institutions are POSTAL REGULATORY COMMISSION associated costs. defined as small organizations if they are operated by a government 39 CFR Part 3050 Clarity of the Regulations overseeing a population below 50,000. [Docket No. RM2021–6; Order No. 5864] Executive Order 12866 and the The small entities that this proposed regulatory action would affect are Presidential memorandum ‘‘Plain Periodic Reporting Language in Government Writing’’ institutions of higher education and require each agency to write regulations nonprofit organizations. Of the impacts AGENCY: Postal Regulatory Commission. that are easy to understand. we estimate accruing to grantees or ACTION: Notice of proposed rulemaking. The Secretary invites comments on eligible entities, all are voluntary and how to make the proposed priorities related mostly to an increase in the SUMMARY: The Commission is easier to understand, including answers number of applications prepared and acknowledging a recent filing requesting to questions such as the following: submitted annually for competitive the Commission initiate a rulemaking • Are the requirements in the grant competitions. Therefore, we do proceeding to consider changes to proposed regulations clearly stated? not believe that the proposed priorities analytical principles relating to periodic • Do the proposed regulations contain would significantly impact small reports (Proposal Three). This document technical terms or other wording that entities beyond the potential for informs the public of the filing, invites interferes with their clarity? increasing the likelihood of their public comment, and takes other • Does the format of the proposed applying for, and receiving, competitive administrative steps. regulations (grouping and order of grants from the Department. DATES: Comments are due: June 1, 2021.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20352 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

ADDRESSES: Submit comments III. Notice and Comment Flats on 5-digit pallets.2 Accordingly, electronically via the Commission’s IV. Ordering Paragraphs workshare discounts and percentage Filing Online system at http:// I. Introduction passthroughs for these ‘‘direct’’ 5 digit www.prc.gov. Those who cannot submit pallets (containing only Carrier Route or comments electronically should contact On April 8, 2021, the Postal Service finer presorted bundles) have been the person identified in the FOR FURTHER filed a petition pursuant to 39 CFR calculated and reported separately from INFORMATION CONTACT section by 3050.11 requesting that the Commission those of all other Standard Mail Carrier telephone for advice on filing initiate a rulemaking proceeding to Route pieces since the FY 2015 Annual alternatives. consider changes to analytical Compliance Report (ACR). Petition at 2– 1 FOR FURTHER INFORMATION CONTACT: principles relating to periodic reports. 3. The Petition identifies the proposed David A. Trissell, General Counsel, at As of FY 2017, the Postal Service has 202–789–6820. analytical changes filed in this docket as Proposal Three. utilized the following methodology to SUPPLEMENTARY INFORMATION: calculate dropship workshare discounts Table of Contents II. Proposal Three for Marketing Mail: 3 I. Introduction Background. In FY 2015, a new price II. Proposal Three category was created for Marketing Mail

((Pound discount * Pounds above breakpoint) + (Piece discount * Pieces below breakpoint))

(Avoided cost per pound * Pounds above and below breakpoint)

Petition at 5. Route Flats is the only Marketing Mail accessed via the Commission’s website This methodology calculates product where the density discount is at http://www.prc.gov. Interested workshare discounts in the same units sub-divided based on preparation persons may submit comments on the as are used in the calculation of avoided characteristics.’’ Id. at 10. According to Petition and Proposal Three no later costs. Id. The Postal Service has the Postal Service, the current than June 1, 2021. Pursuant to 39 U.S.C. reported workshare discounts in this methodology can produce anomalous 505, Katalin K. Clendenin is designated fashion in ACR dockets from FY 2017 to results when ‘‘preparation as an officer of the Commission (Public the present.4 characteristics are correlated with other Representative) to represent the Because this approach includes both characteristics. . .such as weight or interests of the general public in this the per-piece and per-pound elements of entry.’’ Id. It maintains that ‘‘[b]y proceeding. Marketing Mail Flats prices, the Postal combining volumes and calculating IV. Ordering Paragraphs Service states that percentage workshare discounts and percentage passthroughs for workshare discounts passthroughs for Marketing Mail Carrier It is ordered: may be different for Carrier Route Flats Route flats as a single group, Proposal 1. The Commission establishes Docket on ‘‘direct’’ pallets and all Carrier Route Three would reduce volatility in the No. RM2021–6 for consideration of the Flats ‘‘solely because of differences in calculation of percentage passthroughs matters raised by the Petition of the the mix of pieces above and below the for dropshipped Marketing Mail Carrier United States Postal Service for the breakpoint weight (currently 4 ounces).’’ Route Flats.’’ Id. The Postal Service Initiation of a Proceeding to Consider Petition at 8. states that such an approach would Proposed Changes in Analytical Proposal. With Proposal Three, the increase rationality and predictability in Principles (Proposal Three), filed April Postal Service seeks to ‘‘stop separately pricing, ‘‘especially given the new 8, 2021. calculating and reporting workshare regulations governing workshare 2. Comments by interested persons in discounts and percentage passthroughs discounts.’’ Id. at 11. this proceeding are due no later than for dropship Marketing Mail Carrier Impact. Under the Postal Service’s June 1, 2021. Route Flats on ‘direct’ pallets’’ and proposed methodology, avoided costs instead ‘‘calculate and report workshare and passthroughs associated with 3. Pursuant to 39 U.S.C. 505, the discounts and percentage passthroughs Marketing Mail Carrier Route Flats Commission appoints Katalin K. for all dropship Marketing Mail Carrier would be affected. Clendenin to serve as an officer of the Route Flats together.’’ Id. at 9. The Commission (Public Representative) to Postal Service asserts that this approach III. Notice and Comment represent the interests of the general is intended to ‘‘equalize the cost The Commission establishes Docket public in this docket. avoidance calculation across Marketing No. RM2021–6 for consideration of 4. The Secretary shall arrange for Mail density tiers (e.g., MADC, ADC, matters raised by the Petition. More publication of this order in the Federal High Density, Saturation)’’ as ‘‘Carrier information on the Petition may be Register.

1 Petition of the United States Postal Service for Classification Changes, May 7, 2015, at 43 (Order Docket No. ACR2018, USPS–FY18–3, December 28, the Initiation of a Proceeding to Consider Proposed No. 2472). 2018, Excel file ‘‘USPS–FY18–13.MKTG.xlsx,’’ tab Changes in Analytical Principles (Proposal Three), 3 Docket No. RM2017–11, Order on Analytical ‘‘Flats and Parcels Dropship;’’ Docket No. ACR2019, April 8, 2021 (Petition). Principles Used in Periodic Reporting (Proposal USPS–FY19–3, December 27, 2019, Excel file Seven), November 20, 2017 (Order No. 4227). 2 Docket No. R2015–4, Order on Revised Price ‘‘USPS–FY19–13.MKTG.xlsx,’’ tab ‘‘Flats and 4 See Docket No. ACR2017, USPS–FY17–3, Parcels Dropship;’’ Docket No. ACR2020, USPS– Adjustments for Standard Mail, Periodicals, and December 29, 2017, Excel file ‘‘USPS–FY17– FY20–3, Excel file ‘‘USPS–FY17–13.MKTG.xlsx,’’ Package Services Products and Related Mail 13.MKTG.xlsx,’’ tab ‘‘Flats and Parcels Dropship;’’ tab ‘‘Flats and Parcels Dropship.’’

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS EP19AP21.000 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20353

By the Commission. generally not consider comments or The State of Montana submitted an Erica A. Barker, comment contents located outside of the initial PM10 SIP to EPA on July 9, 1992, Secretary. primary submission (i.e., on the web, and a subsequent submission on January [FR Doc. 2021–07956 Filed 4–16–21; 8:45 am] cloud, or other file sharing system). For 13, 1993. EPA approved the Butte initial BILLING CODE 7710–FW–P additional submission methods, the full control plan on March 11, 1994 (59 FR EPA public comment policy, 11550). Revisions to emissions limits, information about CBI or multimedia associated attainment and maintenance ENVIRONMENTAL PROTECTION submissions, and general guidance on demonstrations and contingency AGENCY making effective comments, please visit measures were submitted to EPA on http://www2.epa.gov/dockets/ August 26, 1994. The State of Montana’s 40 CFR Parts 52 and 81 commenting-epa-dockets. SIP for the Butte Moderate NAA Docket: All documents in the docket included, among other things: A [EPA–R08–OAR–2020–0741; FRL–10022– are listed in the www.regulations.gov comprehensive emissions inventory; 27–Region 8] index. Although listed in the index, RACM; A demonstration that attainment some information is not publicly Approval and Promulgation of of the PM10 NAAQS would be achieved available, e.g., CBI or other information Implementation Plans; Montana; Butte in Butte by December 31, 1994; whose disclosure is restricted by statute. PM Nonattainment Area Limited Reasonable Further Progress (RFP) 10 Certain other material, such as Maintenance Plan and Redesignation requirements; and control measures that copyrighted material, will be publicly Request satisfy the contingency measures available only in hard copy. Publicly requirement of section 172(c)(9) of the AGENCY: Environmental Protection available docket materials are available CAA. The EPA fully approved the Butte Agency (EPA). electronically in www.regulations.gov. NAA PM10 attainment plan on March ACTION: Proposed rule. To reduce the risk of COVID–19 22, 1995 (60 FR 15056). transmission, for this action we do not SUMMARY: The Environmental Protection plan to offer hard copy review of the II. Requirements for Redesignation Agency (EPA) is proposing to fully docket. Please email or call the person A. CAA Requirements for Redesignation approve the Limited Maintenance Plan listed in the FOR FURTHER INFORMATION of NAAs (LMP) submitted by the State of CONTACT section if you need to make Montana to EPA on March 23, 2020, for alternative arrangements for access to NAAs can be redesignated to the Butte Moderate nonattainment area the docket. attainment after the area has measured (NAA) for particulate matter with an FOR FURTHER INFORMATION CONTACT: Kate air quality data showing it has attained aerodynamic diameter less than or equal Gregory, Air and Radiation Division, the NAAQS and when certain planning requirements are met. Section to a nominal 10 micrometers (PM10) and U.S. Environmental Protection Agency concurrently redesignate the NAA to (EPA), Region 8, Mail Code 8P–ARD– 107(d)(3)(E) of the CAA, and the General Preamble to Title I provide the criteria attainment for the 24-hour PM10 QP, 1595 Wynkoop Street, Denver, National Ambient Air Quality Standard Colorado 80202–1129, (303) 312–6175, for redesignation. See 57 FR 13498 (NAAQS). In order to approve the LMP [email protected]. (April 16, 1992). These criteria are further clarified in a policy and and redesignation, EPA is proposing to SUPPLEMENTARY INFORMATION: guidance memorandum from John determine that the Butte, MT NAA has Throughout this document wherever Calcagni, Director, Air Quality attained the 1987 24-hour PM10 NAAQS ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Management Division, EPA Office of Air of 150 mg/m3. This determination is the EPA. based upon monitored air quality data Quality Planning and Standards dated I. Background September 4, 1992, ‘‘Procedures for for the PM10 NAAQS during the years 2014–2018. EPA is taking this action Processing Requests to Redesignate Description of the Butte NAA 1 pursuant to the Clean Air Act (CAA). Areas to Attainment. ’’ The criteria for The Butte NAA is the only NAA in redesignation are: DATES: Written comments must be Silver Bow County, is irregularly (1) The Administrator has determined received on or before May 19, 2021. shaped, and generally encompasses the that the area has attained the applicable ADDRESSES: Submit your comments, populated areas surrounding the city of NAAQS; identified by Docket ID No. EPA–R08– Butte, except for the town of (2) The Administrator has fully OAR–2020–0741 to the Federal Walkerville. Butte was originally approved the applicable SIP for the area Rulemaking Portal: https:// designated as a Group I area on August under section 110(k) of the CAA; www.regulations.gov. Follow the online 7, 1987, meaning it was likely to violate (3) The state containing the area has instructions for submitting comments. the PM10 NAAQS, and was met all requirements applicable to the Once submitted, comments cannot be subsequently classified as a Moderate area under section 110 and part D of the edited or removed from NAA for the 1987 24-hour PM10 NAAQS CAA; www.regulations.gov. The EPA may on March 15, 1991. See 56 FR 11101. (4) The Administrator has determined publish any comment received to its States containing initial Moderate PM 10 that the improvement in air quality is public docket. Do not submit NAAs were required to submit, by due to permanent and enforceable electronically any information you November 15, 1991, a Moderate NAA reductions in emissions; and consider to be Confidential Business State Implementation Plan (SIP) that, (5) The Administrator has fully Information (CBI) or other information among other requirements, approved a maintenance plan for the whose disclosure is restricted by statute. implemented Reasonably Available area as meeting the requirements of Multimedia submissions (audio, video, Control Measures (RACM) by December section 175A of the CAA. etc.) must be accompanied by a written 10, 1993, and demonstrated whether it comment. The written comment is was practicable to attain the PM10 1 The ‘‘Procedures for Processing Requests to considered the official comment and NAAQS by December 31, 1994. See Redesignate Areas to Attainment’’ (Calcagni memo) should include discussion of all points generally 57 FR 13498 (April 16, 1992); outlines the criteria for redesignation (see docket for you wish to make. The EPA will see also 57 FR 18070 (April 28, 1992). memo).

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20354 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

B. The LMP Option for PM10 NAAs requirement for qualifying for the LMP satisfy the ‘‘budget test’’ specified in 40 option. In addition, the area should CFR 93.158(a)(5)(i)(A) for the same On August 9, 2001, the EPA issued expect only limited growth in on-road reasons that the budgets are essentially guidance on streamlined maintenance motor vehicle PM10 emissions considered not limited. plan provisions for certain moderate (including fugitive dust) and should PM10 NAAs seeking redesignation to III. Review of Montana’s Submittal have passed a motor vehicle regional attainment (Memo from Lydia Wegman, emissions analysis test. The LMP Addressing the Requirements for Director, Air Quality Standards and Option memo also identifies core Redesignation and Limited Strategies Division, entitled ‘‘Limited provisions that must be included in the Maintenance Plan Maintenance Plan Option for Moderate LMP. These provisions include an A. Has the Butte NAA attained the PM10 Nonattainment Areas,’’ (hereafter 2 attainment year emissions inventory, applicable NAAQS? the LMP Option memo)). The LMP assurance of continued operation of an Option memo contains a statistical EPA-approved air quality monitoring States must demonstrate that an area demonstration to show that areas network, and contingency provisions. has attained the 24-hour PM10 NAAQS meeting certain air quality criteria will, through analysis of ambient air quality with a high degree of probability, C. Conformity Under the LMP Option data from an ambient air monitoring maintain the standard 10 years into the The transportation conformity rule network representing peak PM10 future. Thus, the EPA has already (40 CFR parts 51 and 93) and the general concentrations. The data should be provided the maintenance conformity rule (40 CFR parts 51 and stored in the EPA Air Quality System demonstration for areas meeting the 93) apply to NAAs and maintenance (AQS) database. Today, EPA is criteria outlined in the LMP Option areas covered by an approved proposing to determine that the Butte memo. It follows that future year maintenance plan. Under either NAA has attained the PM10 NAAQS emission inventories for these areas, and conformity rule, an acceptable method based on monitoring data from calendar some of the standard analyses to of demonstrating that a federal action years 2014–2018. The 24-hour standard determine transportation conformity conforms to the applicable SIP is to is attained when the expected number with the SIP are no longer necessary. demonstrate that expected emissions of days with levels above 150 mg/m3 To qualify for the LMP Option, the from the planned action are consistent (averaged over a 3-year period) is less area should have attained the 1987 24- with the emissions budget for the area. than or equal to one. See 40 CFR 50.6(a). hour PM10 NAAQS, based upon the While the EPA’s LMP Option does not Three consecutive years of air quality most recent 5 years of air quality data exempt an area from the need to affirm data are generally necessary to show at all monitors in the area, and the 24- conformity, it explains that the area may attainment of the 24-hour and annual hour design value should be at or below demonstrate conformity without standards for PM10. See 40 CFR part 50, the Critical Design Value (CDV). The submitting an emissions budget. Under appendix K. A complete year of air CDV is a calculated design value that the LMP Option, emissions budgets are quality data, as referred to in 40 CFR indicates that the area has a low treated as essentially not constraining part 50, appendix K, is comprised of all probability (1 in 10) of exceeding the for the length of the maintenance period four calendar quarters with each quarter NAAQS in the future. For the purposes because it is unreasonable to expect that containing data from at least 75% of the of qualifying for the LMP option, a the qualifying areas would experience scheduled sampling days. presumptive CDV of 98 mg/m3 is most so much growth in that period that a The Butte NAA has one State and often employed, but an area may elect violation of the PM10 NAAQS would Local Air Monitoring Station (SLAMS) to use a site-specific CDV should the result. For transportation conformity monitor operated by the Montana average design value be above 98 mg/m3, purposes, the EPA would conclude that Department of Environmental Quality while demonstrating that the area has a emissions in these areas need not be (MDEQ). Table 1 summarizes the PM10 low probability of exceeding the capped for the maintenance period; and data collected from 2014–2019 for the 3 NAAQS in the future. The annual PM10 therefore, a regional emissions analysis Butte NAA. The EPA deems the data standard was effectively revoked on would not be required. Similarly, collected from these monitors valid, and December 18, 2006 (71 FR 61143), and federal actions subject to the general the data have been submitted by the as such will not be discussed as a conformity rule could be considered to MDEQ to be included in AQS.

3 TABLE 1—SUMMARY OF MAXIMUM 24-HOUR PM10 CONCENTRATIONS (μg/m ) FOR BUTTE 2014–2019 [Based on data from Greeley School site, AQS identification number (30–093–0005)]

Maximum 2nd Maximum Number of Monitoring Year concentration concentration exceedances site

2014 ...... 60 57 0 Greeley School. 2015 ...... 118 115 0 Greeley School. 2016 ...... 52 51 0 Greeley School. 2017 ...... 144 111 0 Greeley School. 2018 ...... 72 66 0 Greeley School. 2019 ...... 69 56 0 Greeley School.

The PM10 concentrations reported at measured exceedances of the 24-hour such, the EPA proposes to determine the Butte monitoring site showed no PM10 NAAQS from 2014–2018, and as that the Butte NAA has attained the

2 The ‘‘Limited Maintenance Plan Option for 3 While the submission from the State for this concentrations in the Butte, MT area using the most Moderate PM10 Nonattainment Areas’’ outlines the action includes 2014–2018 monitoring data, the current monitoring data available. criteria for development of a PM10 limited EPA supplied 2019 monitoring data in this action maintenance plan (see docket for memo). in order to provide an analysis of PM10

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20355

standard for the 24-hour PM10 NAAQS. request. The following is a summary of the applicable date.’’ Since EPA is Additionally, EPA analysis of PM10 how Montana meets these requirements. proposing to determine that the Butte concentrations reported at the Butte NAA is in attainment of the PM 1. CAA Section 110 Requirements 10 monitoring site in the year 2019 show NAAQS, we believe that no further no measured exceedances. Section 110(a)(2) of the CAA contains showing of RFP or quantitative general requirements for SIPs. These milestones is necessary. B. Does the Butte NAA have a fully requirements include, but are not approved SIP under CAA section limited to, submittal of a SIP that has 4. Section 172(c)(3)—Emissions 110(k)? been adopted by the state after Inventory Section In order to qualify for redesignation, reasonable notice and public hearing; Section 172(c)(3) of the CAA requires the SIP for the area must be fully provisions for establishment and a comprehensive, accurate, current approved under CAA section 110(k) and operation of appropriate apparatus, inventory of actual emissions from all must satisfy all requirements that apply methods, systems and procedures sources in the Butte PM10 NAA. to the area. Section 189 of the CAA necessary to monitor ambient air Montana included an emissions contains requirements and milestones quality; implementation of a permit inventory for the calendar year 2014 for all initial Moderate NAA SIPs program; provisions for Part C— with the March 23, 2020 submittal of including: (1) Provisions to assure that Prevention of Significant Deterioration the LMP for the NAA. The LMP Option RACM (including such reductions in (PSD) and Part D—New Source Review memo states that an attainment emissions from existing sources in the (NSR) permit programs; criteria for inventory should represent emissions area as may be obtained through the stationary source emission control during the same 5-year period adoption, at a minimum, of Reasonably measures, monitoring and reporting, associated with the air quality data used Available Control Technology (RACT) provisions for modeling; and provisions to determine that the area meets the shall be implemented no later than for public and local agency applicability requirements of the LMP December 10, 1993; (2) A demonstration participation. See the General Preamble option. The Butte LMP includes an (including air quality modeling) that the for further explanation of these emission inventory from 2014, plan will provide for attainment as requirements. See 57 FR 13498 (April representative of the 2013–2017 5-year expeditiously as practicable by no later 16, 1992). period which served as the 5-year than December 31, 1994, or, where the For purposes of redesignation, the period relied upon in the LMPs as state is seeking an extension of the EPA’s review of the Montana SIP shows meeting the air quality data attainment date under section 188(e), a that the State has satisfied all requirements of the LMP option memo.4 demonstration that attainment by requirements under section 110(a)(2) of 5. Section 172(c)(5)—NSR December 31, 1994, is impracticable and the CAA. Further, in 40 CFR 52.1372, that the plan provides for attainment by the EPA has approved Montana’s plan The 1990 CAA Amendments the most expeditious alternative date for the attainment and maintenance of contained revisions to the NSR program practicable (CAA sections 189(a)(1)(A)); the national standards under section requirements for the construction and (3) Quantitative milestones which are to 110. operation of new and modified major be achieved every 3 years and which stationary sources located in NAAs. The demonstrate RFP toward attainment by 2. Part D Requirements CAA requires states to amend their SIPs December 31, 1994, (CAA sections Part D contains general requirements to reflect these revisions but does not 172(c)(2) and 189(c)); and (4) applicable to all areas designated require submittal of this element along Contingency measures to be nonattainment. The general with the other SIP elements. The CAA implemented if the area fails to make requirements are followed by a series of established June 30, 1992, as the RFP or attain by its attainment deadline. subparts specific to each pollutant. All submittal date for the revised NSR These contingency measures are to take PM10 NAAs must meet the general programs (section 189 of the CAA). effect without further action by the state provisions of Subpart 1 and the specific Montana has a fully approved or the EPA. (CAA section 172(c)(9)). PM10 provisions in Subpart 4, nonattainment NSR program, approved The EPA approved the Butte ‘‘Additional Provisions for Particulate on August 30, 1995 (60 FR 45051). Moderate area plan on May 22, 1995 (60 Matter Nonattainment Areas.’’ The Montana also has a fully approved PSD FR 15056). The Butte plan included following paragraphs discuss these program, approved on August 30, 1995 RACM, an attainment demonstration, requirements as they apply to the Butte (60 FR 45051). Upon the effective date emissions inventory, quantitative NAA. of redesignation of an area from milestones, and control and contingency nonattainment to attainment, the 3. Subpart 1, Section 172(c) measure requirements. As such, the area requirements of the Part D NSR program has a fully approved NAA SIPs under Subpart 1, section 172(c) contains will be replaced by the PSD program section 110(k) of the CAA. general requirements for NAA plans. A and the maintenance area NSR program. thorough discussion of these C. Has the State met all applicable requirements may be found in the 4 The emissions inventory included in the Butte requirements under section 110 and General Preamble. See 57 FR 13538 MT submission is the 2014 National Emissions Part D of the CAA? Inventory (NEI). The NEI is a composite of data (April 16, 1992). CAA section 172(c)(2) from many different sources, with PM data coming Section 107(d)(3)(E) of the CAA requires nonattainment plans to provide primarily from EPA models as well as from state, requires that a state containing a NAA for RFP. Section 171(1) of the CAA tribal, and local air quality management agencies. must meet all applicable requirements defines RFP as ‘‘such annual Different data sources use different data collection methods, and many of the emissions data are based under section 110 and Part D of the incremental reductions in emissions of on estimates rather than actual measurements. The CAA for an area to be redesignated to the relevant air pollutant as are required EPA considers the 2014 NEI representative of the attainment. The EPA interprets this to by this part (part D of title I) or may period from 2014–2018 because MT provided mean that the state must meet all reasonably be required by the comparable vehicle miles traveled (VMT) data in their submission. See Butte, MT Submission, requirements that applied to the area Administrator for the purpose of Appendix C, Montana Department of prior to, and at the time of, the ensuring attainment of the applicable Transportation Future VMT Projections, p.C–1 in submission of a complete redesignation national ambient air quality standard by docket.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20356 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

6. Section 172(c)(7)—Compliance With Moderate area plan for the Butte NAA F. Has the State demonstrated that the CAA Section 110(a)(2): Air Quality on March 22, 1995 (60 FR 15056). Butte NAA qualifies for the LMP Monitoring Requirements Option? D. Has the State demonstrated that the Once an area is redesignated, the state air quality improvement is due to The LMP Option memo outlines the must continue to operate an appropriate permanent and enforceable reductions? requirements for an area to qualify for the LMP Option. First, the area should air monitoring network in accordance The state must be able to reasonably with 40 CFR part 58 to verify attainment be attaining the NAAQS. As stated attribute the improvement in air quality above in Section III. A., the EPA has status of the area. The State of Montana to permanent and enforceable emission determined that the Butte NAA is operates one PM10 SLAMS in each of reductions. In making this showing, the attaining the PM10 NAAQS. the NAAs. The Butte monitoring site state must demonstrate that air quality Second, the average design value meets EPA SLAMS network design and improvements are the result of actual (ADV) for the past 5 years of monitoring siting requirements set forth at 40 CFR enforceable emission reductions. This data (2014–2018) must be at or below part 58, appendices D and E. In section showing should consider emission rates, the CDV. As noted in Section II.B., the 3.5 of the LMP that we are proposing to production capacities, and other related CDV is a margin of safety value and is approve, the State commits to continued information. The analysis should the value at which an area has been operation of the monitoring network. assume that sources are operating at determined to have a 1 in 10 probability 7. Section 172(c)(9)—Contingency permitted levels (or historic peak levels) of exceeding the NAAQS. The LMP Measures unless evidence is presented that such Option memo provides two methods for an assumption is unrealistic. Permanent review of monitoring data for the The CAA requires that contingency and enforceable control measures in the purpose of qualifying for the LMP measures take effect if the area fails to Butte NAA SIP includes RACM. option. The first method is a meet RFP requirements or fails to attain Emission sources in the NAA has been comparison of a site’s ADV with the 3 the NAAQS by the applicable implementing RACM for at least 10 CDV of 98 mg/m for the 24-hour PM10 attainment date. Since the Butte NAA years. NAAQS. A second method that applies has attained the 1987 24-hour PM10 Areas that qualify for the LMP will to the 24-hour PM10 NAAQS is the NAAQS, contingency measures are no meet the NAAQS, even under worst calculation of a site-specific CDV and a longer required under section 172(c)(9) case meteorological conditions. Under comparison of the site-specific CDV of the CAA. However, contingency the LMP option, the maintenance with the ADV for the past 5 years of provisions are required for maintenance demonstration is presumed to be monitoring data. Table 2 outlines the plans under section 175(a)(d). We satisfied if an area meets the qualifying design values for the years 2014–2018, describe the contingency provisions criteria. Thus, by qualifying for the and presents the ADC. Montana provided in the LMP section LMP, Montana has demonstrated that Table 3 summarizes the wildfire below. the air quality improvements in the related events that were excluded from the calculated design values in Table 2. 8. Part D Subpart 4 Butte NAA is the result of permanent emission reductions and not a result of Table 3 include all regionally concurred Part D subpart 4, section 189(a), (c) either economic trends or meteorology. exceptional events, as well as values 3 3 and (e) requirements apply to any A description of the LMP qualifying between 98 mg/m and 155 mg/m , Moderate NAA before the area can be criteria and how the Butte area meets which were treated in a manner redesignated to attainment. The these criteria is provided in the analogous to exceedance data under the requirements which were applicable following section. Exceptional Events Rule (EER) for the prior to the submission of the request to purpose of determining the LMP option Permanent and enforceable emission 3 redesignate the area must be fully eligibility. The values between 98 mg/m reductions in the Butte NAA have 3 approved into the SIP before reduced emissions 76% since 1990. The and 155 mg/m will remain in the Air redesignating the area to attainment. primary controls incorporated into the Quality System (AQS) database for use These requirements include: (a) in calculating DV’s for every purpose SIP included rules specifying wood 6 Provisions to assure that RACM was combustion control, rules specifying besides determining LMP eligibility. implemented by December 10, 1993; (b) open burning controls, rules specifying The EER can be found in 40 CFR 50.14 Either a demonstration that the plan fugitive road dust control, permit and 40 CFR 51.930, and outlines the provided for attainment as condition revisions at the Montana requirements for the treatment of expeditiously as practicable but not Resources mine, crusher, and monitored air quality data that has been later than December 31, 1994, or a concentrator and at Rhoˆne-Poulenc heavily influenced by an exceptional demonstration that attainment by that industrial sources, and federal tailpipe event. 40 CFR 50.1(j) defines an date was impracticable; (c) Quantitative standards. Based on the 2014 national exceptional event as an event which affects air quality, is not reasonably milestones which were achieved every 3 emissions inventory, PM10 emissions in years and which demonstrate RFP all source areas are below the levels controllable or preventable, is an event toward attainment by December 31, approved in the original control plan.5 caused by human activity that is 1994; and (d) Provisions to assure that unlikely to recur at a particular location the control requirements applicable to E. Does the area have a fully approved or a natural event and is determined by maintenance plan pursuant to section the Administrator in accordance with 40 major stationary sources of PM10 also apply to major stationary sources of 175A of the CAA? CFR 50.14 to be an exceptional event. Exceptional events do not include PM10 precursors except where the In this action, we are proposing to stagnation of air masses or Administrator determined that such approve the LMP for the Butte NAA in meteorological inversions, sources do not contribute significantly accordance with the principles outlined to PM10 levels which exceed the in the LMP Option. 6 NAAQS in the area. These provisions Update on Application of the Exceptional Events Rule to the PM10 Limited Maintenance Plan were fully approved into the SIP upon 5 See Butte, MT submission in docket, Table 2.4— Option, U.S. EPA, William T. Harnett, Director, Air the EPA’s approval of the PM10 Butte, MT—PM10 Emission Summary, p. 18. Quality Policy Division, OAQPS, May 7, 2009.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20357

meteorological events involving high specific air pollution concentration in guidance.7 We have concurred that temperatures or lack of precipitation, or excess of one or more NAAQS at a these values can be excluded for the air pollution relating to source particular air quality monitoring sole purpose of determining PM10 LMP noncompliance. 40 CFR 50.14(b) states location and otherwise satisfies the eligibility and supporting that the EPA shall exclude data from use requirements of section 50.14. Table 3 documentation of EPA’s concurrence in determinations of exceedances and below includes some exceptional events with the wildfire related events can be NAAQS violations where a state not formally concurred on by EPA. found in the docket.8 demonstrates to the EPA’s satisfaction These exceptional events were excluded that an exceptional event caused a by EPA in accordance with the LMP

3 TABLE 2–SUMMARY OF 24-HOUR PM10 DESIGN CONCENTRATIONS (μg/m ) FOR BUTTE 2014–2018 [Based on data from Greeley School site, AQS identification number (30–029–0049)]

Design concentration years Design concentration Monitoring site (μg/m3)

2014–2016 ...... 60 Greeley School. 2015–2017 ...... 85 Greeley School. 2016–2018 ...... 80 Greeley School.

Average Design Concentration (Of Most Recent 3 Design Concentrations) 75 μg/m3

TABLE 3–BUTTE 24-HOUR PM10 EVENTS EXCLUDED FROM THE 2014–2019 DATA FOR THE PURPOSE OF DETERMINING LMP ELIGIBILITY

Date 24-Hour value Monitoring site (μg/m3)

8/15/2015 ...... 100 Greeley School. 8/20/2015 ...... 103 Greeley School. 8/28/2015 ...... 115 Greeley School. 8/29/2015 ...... 118 Greeley School. 9/2/2017 ...... 111 Greeley School. 9/3/2017 ...... 144 Greeley School. These values were excluded by EPA solely for the purpose of determining limited maintenance plan (LMP) eligibility in accordance with LMP guidance. The values remain in AQS and are still used for all other purposes (including calculating the estimated exceedances and official design concentrations).

The ADV for the 24-hour PM10 the Butte NAA passed the motor vehicle implement contingency measures. NAAQS for Butte, based on data from regional analysis test, see the supporting Please see section 3.6 of the Butte LMP the SLAMS monitor for the years 2014– documents in the docket.9 for a description of contingency 3 2018 is 75 mg/m . This value falls below The monitoring data for the period provisions submitted as part of the the presumptive 24-hour CDV of 98 mg/ 2014–2018 shows that Butte has State’s submittal. m3 and would all meet the first attained the 24-hour NAAQS for PM10, threshold for LMP eligibility. G. Does the State have an approved and the 24-hour ADV for the area is less attainment emissions inventory which In addition to having an ADV that is than the 24-hour PM10 presumptive and can be used to demonstrate attainment lower than either the presumptive or area-specific CDV. Finally, the area has of the NAAQS? area specific CDV, and in order to met the regional vehicle emissions qualify for the LMP, the area must meet analysis test. Thus, the Butte NAA The state’s approved attainment plan the motor vehicle regional emissions qualifies for the LMP Option described should include an emissions inventory analysis test in attachment B of the LMP in the LMP Option memo. The LMP (attainment inventory) which can be Option memo. Using the methodology Option memo also indicates that once a used to demonstrate attainment of the outlined in the memo, based on state selects the LMP Option and it is in NAAQS. The inventory should monitoring data for the period 2014– effect, the state will be expected to represent emissions during the same 5- 2018, the EPA has determined that the determine, on an annual basis, that the year period associated with air quality Butte NAA passes the motor vehicle LMP criteria are still being met. If the data used to determine whether the area regional emissions analysis test, with a state determines that the LMP criteria meets the applicability requirements of projected design value of 74.3 mg/m3 are not being met, it should take action the LMP Option. The state should after 10 years, respectively, attributable to reduce PM10 concentrations enough review its inventory every 3 years to to motor vehicle emission growth. For to requalify for the LMP. One possible ensure emissions growth is incorporated the calculations used to determine how approach the state could take is to in the attainment inventory if necessary.

7 See Update on Application of the Exceptional Wood, Director, Air Quality Policy Division, April EPA concurrence on exceptional event claims for Events Rule to the PM10 Limited Maintenance Plan 4, 2019 memos in docket. fine (PM2.5) and coarse (PM10) particulate matter Option, U.S. EPA, William T. Harnett, Director, Air 8 February 8, 2019 letter to MDEQ, Re: data impacted by wildfires in 2015 and 2016. See Quality Policy Division, OAQPS, May 7, 2009 and Exceptional Events Requests Regarding Butte, MT submission in docket. Additional Methods, Determinations, and Analyses Exceedances of the 24-hour PM NAAQS and the 10 9 See memo to file in docket dated February 16, to Modify Air Quality Data Beyond Exceptional LMP Eligibility Threshold at Montana Monitoring 2021 titled ‘‘Memo to File—Butte, MT Motor Events, U.S. EPA, Richard Wayland, Director, Air Sites with PM10 Nonattainment Areas; and Quality Assessment Division and Anna Marie November 1, 2018 letter to MDEQ, Re: Request for Vehicle Regional Emissions Analysis’’.

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20358 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

In this instance, Montana completed an The current and proposed transportation conformity purposes, is attainment year inventory for the contingency provisions in the Butte also not required. attainment year 2014 for the Butte NAA. LMP meet the requirements for However, since LMP areas are still The EPA has reviewed the 2014 contingency provisions as outlined in maintenance areas, certain aspects will emissions inventories and determined the LMP Option memo. continue to be required for that they are current, accurate and transportation projects located within J. Has the State met transportation and complete. In addition, the emissions the Butte PM10 maintenance area. general conformity requirements? inventory submitted with the LMP for Specifically, for conformity the calendar year 2014 is representative 1. Transportation Conformity determinations, projects will have to of the level of emissions during the time demonstrate that they are fiscally period used to calculate the ADV since Transportation conformity is required constrained (40 CFR 93.108) and meet 2014 is included in the 5-year period by section 176(c) of the CAA. the criteria for consultation (40 CFR used to calculate the design values Conformity to a SIP means that 93.105 and 40 CFR 93.112) and timely (2014–2018). transportation activities will not implementation (as applicable) of produce new air quality violations, Transportation Control Measures (40 H. Does the LMP include an assurance worsen existing violations, or delay CFR 93.113). In addition, projects of continued operation of an timely attainment of the NAAQS (CAA located within the Butte PM10 LMP area appropriate epa-approved air quality section 176(c)(1)(B)). The EPA’s will be required to be evaluated for monitoring network, in accordance with conformity rule at 40 CFR part 93, potential PM10 hot-spot issues in order 40 CFR part 58? subpart A requires that transportation to satisfy the ‘‘project level’’ conformity plans, programs and projects conform to The PM monitoring network for the determination requirements. As 10 SIPs and establishes the criteria and Butte NAA has been developed and appropriate, a project may then need to procedures for determining whether or maintained in accordance with federal address the applicable criteria for a not they conform. To effectuate its siting and design criteria in 40 CFR part PM10 hot-spot analysis as provided in 40 purpose, the conformity rule typically 58, appendices D and E and in CFR 93.116 and 40 CFR 93.123. requires a demonstration that emissions Finally, our proposed approval of the consultation with the EPA Region 8. In from the applicable Regional Butte PM10 LMP may affect future PM10 Section 3.5 of the Butte LMP, Montana Transportation Plan and the project-level transportation conformity states that it will continue to operate its Transportation Improvement Program determinations prepared by the monitoring network to meet EPA are consistent with the motor vehicle Montana Department of Transportation requirements. emission budget (MVEB) contained in in conjunction with the Federal I. Does the plan meet the CAA the control strategy SIP revision or Highway Administration and the requirements for contingency provisions maintenance plan (40 CFR 93.101, Federal Transit Administration. See 40 for maintenance plans? 93.118, and 93.124). The EPA notes that CFR 93.100. As such, the EPA is a MVEB is usually defined as the level proposing to approve the Butte LMP as Section 175A of the CAA states that of mobile source emissions of a meeting the appropriate transportation a maintenance plan must include pollutant relied upon in the attainment conformity requirements found in 40 contingency provisions, as necessary, to or maintenance demonstration to attain CFR part 93, subpart A. promptly correct any violation of the or maintain compliance with the 2. General Conformity NAAQS which may occur after NAAQS in the nonattainment or redesignation of the area to attainment. maintenance areas. MVEBs are, Federal actions, other than As explained in the LMP Option memo, however, treated differently with transportation conformity, that meet these contingency measures do not have respect to LMP areas.10 specific criteria need to be evaluated to be fully adopted at the time of with respect to the requirements of 40 redesignation. As noted above, CAA Our LMP Option memorandum does CFR part 93, subpart B. The EPA’s section 175A requirements are distinct not require that MVEBs be identified in general conformity rule requirements from CAA section 172(c)(9) contingency the maintenance plan. While the EPA’s are designed to ensure that emissions measures. Section 3.6 of the Butte LMP LMP Option memorandum does not from a federal action will not cause or describes a process and timeline to exempt an area from the need to affirm contribute to new violations of the identify and evaluate appropriate conformity, it explains that the area may NAAQS, exacerbate current violations, contingency measures in the event of a demonstrate transportation conformity or delay timely attainment. However, as without identifying and submitting a quality assured violation of the PM10 noted in our LMP Option memorandum MVEB. The basis for this provision is NAAQS. Upon notification of a PM10 and similar to the above discussed exceedance in any of the three areas, the that it is unreasonable to expect that an transportation conformity provisions, MDEQ and the appropriate local LMP area will experience so much federal actions subject to our general government will develop contingency growth during the maintenance period conformity requirements would be measures designed to prevent or correct that a violation of the PM10 NAAQS considered to satisfy the ‘‘budget test,’’ would result. Therefore, for a violation of the PM10 standard. This as specified in 40 CFR 93.158(a)(5)(i)(A). process will be completed within twelve transportation conformity purposes, the As discussed above, the basis for this months of the exceedance notification. EPA has concluded that mobile source provision in the LMP Option emissions in LMP areas need not be Upon violating the PM10 standard, the memorandum is that it is unreasonable MDEQ and local government will capped, with respect to a MVEB, for the to expect that an LMP area will determine if the local contingency maintenance period and a regional experience so much growth during the measures will be adequate to prevent emissions analysis (40 CFR 93.118), for maintenance period that a violation of further exceedances or violations. If the the PM10 NAAQS would result. agencies determine that local measures 10 Further information concerning the EPA’s Therefore, for purposes of general interpretations regarding MVEBs can be found in will be inadequate, the MDEQ and local the preamble to the EPA’s November 24, 1993, conformity, a general conformity PM10 government will adopt state-enforceable transportation conformity rule (see 58 FR 62193– emissions budget does not need to be measures. 62196). identified in the maintenance plan, nor

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 20359

submitted, and the emissions from safety risks subject to Executive Order ACTION: Proposed rule. federal agency actions are essentially 13045 (62 FR 19885, April 23, 1997); considered to not be limited. • Is not a significant regulatory action SUMMARY: GSA is proposing to amend subject to Executive Order 13211 (66 FR the General Services Administration IV. The EPA’s Proposed Action 28355, May 22, 2001); Acquisition Regulation (GSAR) to revise For the reasons explained in Section • Is not subject to requirements of internal agency approval procedures for III, we are proposing to approve the section 12(d) of the National processing a final payment for LMP for the Butte NAA and the State’s Technology Transfer and Advancement construction and building service request to redesignate the Butte NAA Act of 1995 (15 U.S.C. 272 note) because contracts where, after 60 days, a from nonattainment to attainment for application of those requirements would contracting officer is unable to obtain a the 1987 24-hour PM NAAQS. be inconsistent with the CAA; and release of claims from a contractor. 10 • Additionally, the EPA is proposing to Does not provide EPA with the DATES: Interested parties should submit determine that the Butte NAA has discretionary authority to address, as written comments to the Regulatory appropriate, disproportionate human attained the NAAQS for PM10. This Secretariat Division at the address determination is based upon monitored health or environmental effects, using shown below on or before June 18, 2021 practicable and legally permissible air quality data for the PM10 NAAQS to be considered in the formation of the during the years 2014–2018. The EPA is methods, under Executive Order 12898 final rule. proposing to approve the Butte LMP as (59 FR 7629, February 16, 1994). ADDRESSES: Submit comments in In addition, the SIP is not approved meeting the appropriate transportation response to GSAR Case 2020–G521 to: to apply on any Indian reservation land conformity requirements found in 40 Regulations.gov: https:// or in any other area where EPA or an CFR part 93, subpart A. www.regulations.gov. Submit comments Indian tribe has demonstrated that a via the Federal eRulemaking portal by V. Statutory and Executive Order tribe has jurisdiction. In those areas of searching for ‘‘GSAR Case 2020–G521’’. Reviews Indian country, the proposed rule does Select the link ‘‘Comment Now’’ that Under the CAA, the Administrator is not have tribal implications and will not impose substantial direct costs on tribal corresponds with GSAR Case 2020– required to approve a SIP submission G521. Follow the instructions provided that complies with the provisions of the governments or preempt tribal law as specified by Executive Order 13175 (65 at the ‘‘Comment Now’’ screen. Please Act and applicable Federal regulations. FR 67249, November 9, 2000). include your name, company name (if 42 U.S.C. 7410(k); 40 CFR 52.02(a). any), and ‘‘GSAR Case 2020–G521’’ on Thus, in reviewing SIP submissions, the List of Subjects your attached document. If your EPA’s role is to approve state choices, 40 CFR Part 52 comment cannot be submitted using provided that they meet the criteria of https://www.regulations.gov, call or the CAA. Accordingly, this action Environmental protection, Air email the points of contact in the FOR merely proposes to approve state law as pollution control, Carbon monoxide, FURTHER INFORMATION CONTACT section of meeting Federal requirements and does Greenhouse gases, Incorporation by this document for alternate instructions. not impose additional requirements reference, Intergovernmental relations, Instructions: Please submit comments beyond those imposed by state law. For Lead, Nitrogen dioxide, Ozone, only and cite GSAR Case 2020–G521 in that reason, this action: Particulate matter, Reporting and all correspondence related to this case. • Is not a ‘‘significant regulatory recordkeeping requirements, Sulfur Comments received generally will be action’’ subject to review by the Office oxides, Volatile organic compounds. posted without change to https:// of Management and Budget under 40 CFR Part 81 www.regulations.gov, including any Executive Orders 12866 (58 FR 51735, personal and/or business confidential Environmental protection, Air October 4, 1993) and 13563 (76 FR 3821, pollution control, National parks, and information provided. To confirm January 21, 2011); Wilderness areas. receipt of your comment(s), please • Is not an Executive Order 13771 (82 check https://www.regulations.gov FR 9339, February 2, 2017) regulatory Authority: 42 U.S.C. 7401 et seq. approximately two to three days after action because SIP approvals are Dated: April 8, 2021. submission to verify posting. exempted under Executive Order 12866; Debra H. Thomas, FOR FURTHER INFORMATION CONTACT: Mr. • Does not impose an information Acting Regional Administrator, Region 8. Logan Kemp, GSA Acquisition Policy collection burden under the provisions [FR Doc. 2021–07793 Filed 4–16–21; 8:45 am] Division, at 202–969–4066 or by email of the Paperwork Reduction Act (44 BILLING CODE 6560–50–P at [email protected], for clarification U.S.C. 3501 et seq.); of content. For information pertaining to • Is certified as not having a status or publication schedules, contact significant economic impact on a GENERAL SERVICES the Regulatory Secretariat Division at substantial number of small entities ADMINISTRATION 202–501–4755 or [email protected]. under the Regulatory Flexibility Act (5 Please cite GSAR Case 2020–G521. U.S.C. 601 et seq.); 48 CFR Part 532 SUPPLEMENTARY INFORMATION: • Does not contain any unfunded [GSAR Case 2020–G521; Docket No. 2021– I. Background mandate or significantly or uniquely 0008; Sequence No. 1] affect small governments, as described GSA is proposing to amend the in the Unfunded Mandates Reform Act RIN 3090–AK35 General Services Administration of 1995 (Pub. L. 104–4); Regulations (GSAR) to modify GSAR General Services Administration • Does not have Federalism 532.905–70 so it no longer requires Acquisition Regulation; Remove Office implications as specified in Executive of General Counsel Review for Final contracting officers to obtain approval of Order 13132 (64 FR 43255, August 10, Payments legal counsel before processing final 1999); payments for construction and building • Is not an economically significant AGENCY: Office of Acquisition Policy, service contracts where, after 60 days, regulatory action based on health or General Services Administration (GSA). the contracting officer is unable to

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20360 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

obtain a release of claims from the and benefits, of reducing costs, of require the approval of the Office of contractors. Legal review is not a harmonizing rules, and of promoting Management and Budget under the statutory requirement, and the decision flexibility. This rule has been reviewed Paperwork Reduction Act (44 U.S.C. 35, to process final payments in such cases and determined by Office of et seq.). is a business decision, rather than a Management and Budget (OMB) not to List of Subjects in 48 CFR Part 532 legal one. be a significant regulatory action and, therefore, was not subject to review Government procurement. II. Authority for This Rulemaking under section 6(b) of E.O. 12866, Title 40 of the United States Code Regulatory Planning and Review, dated Jeffrey A. Koses, (U.S.C.) Section 121 authorizes GSA to September 30, 1993. Senior Procurement Executive, Office of Acquisition Policy, Office of Government- issue regulations, including the GSAR, V. Congressional Review Act to control the relationship between GSA wide Policy, General Services Administration. and contractors. The Congressional Review Act, 5 Therefore, GSA proposes to amend 48 U.S.C. 801 et seq., as amended by the CFR part 532 as set forth below: III. Discussion and Analysis Small Business Regulatory Enforcement Prior to this rule, GSA guidance on Fairness Act of 1996, generally provides PART 532—CONTRACT FINANCING final payments for construction and that before a ‘‘major rule’’ may take building service contracts provided that, effect, the agency promulgating the rule ■ 1. The authority citation for 48 CFR ‘‘in cases where, after 60 days from the must submit a rule report, which part 532 continues to read as follows: includes a copy of the rule, to each initial attempt, the contracting officer is Authority: 40 U.S.C. 121(c). unable to obtain a release of claims from House of the Congress and to the the contractor, the final payment may be Comptroller General of the United ■ 2. Amend section 532.905–70 by— States. A major rule cannot take effect processed with the approval of assigned ■ a. Removing from paragraph (a) until 60 days after it is published in the legal counsel.’’ GSA is proposing to ‘‘amount due the Contractor’’ and Federal Register. This rule has been amend GSAR 532.905–70(c) by adding ‘‘amount due to the contractor’’ reviewed and determined by OMB not removing the legal approval in its place; to be a ‘‘major rule’’ under 5 U.S.C. requirement because this is a business ■ b. Revising paragraph (b); and decision to be made by the contracting 804(2). ■ c. Removing paragraphs (c) and (d). officer, not a legal decision. Therefore, VI. Regulatory Flexibility Act The revision reads as follows: if there is implementation of this GSA does not expect this proposed proposed rule, a contracting officer may rule to have a significant economic 532.905–70 Final payment—construction instead process a final payment in such impact on a substantial number of small and building service contracts. a situation after documenting in the entities within the meaning of the * * * * * contract file: (i) That the contracting Regulatory Flexibility Act, 5 U.S.C. 601, officer requested a release of claims (b) A contracting officer may only et seq. process the final payment for a from the contractor and did not receive Therefore, an Initial Regulatory construction or building service contract a response within 60 calendar days; and Flexibility Analysis has not been once: (ii) approval to process the final performed. GSA invites comments from payment from one level above the small business concerns and other (1) The contractor submits a properly contracting officer. interested parties on the expected executed GSA Form 1142, Release of Claims; or IV. Executive Orders 12866 and 13563 impact of this rule on small entities. GSA will also consider comments (2) The contracting officer documents Executive Orders (E.O.s) 12866 and from small entities concerning the in the contract file: 13563 direct agencies to assess all costs existing regulations in subparts affected (i) That the contracting officer and benefits of available regulatory by the rule in accordance with 5 U.S.C. requested a release of claims from the alternatives and, if regulation is 610. Interested parties must submit such contractor and did not receive a necessary, to select regulatory comments separately and should cite 5 response within 60 calendar days; and approaches that maximize net benefits U.S.C. 610 (GSAR Case 2020–G521), in (ii) Approval to process the final (including potential economic, correspondence. environmental, public health and safety payment from one level above the effects, distributive impacts, and VII. Paperwork Reduction Act contracting officer. equity). E.O. 13563 emphasizes the This rule does not contain any [FR Doc. 2021–07817 Filed 4–16–21; 8:45 am] importance of quantifying both costs information collection requirements that BILLING CODE 6820–61–P

VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00041 Fmt 4702 Sfmt 9990 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20361

Notices Federal Register Vol. 86, No. 73

Monday, April 19, 2021

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: ACTION: Notice of meeting. contains documents other than rules or Kristi Schroeder, Public Affairs proposed rules that are applicable to the Specialist by phone at 530–305–6864 or SUMMARY: The South Central Idaho public. Notices of hearings and investigations, via email at [email protected]. Resource Advisory Committee (RAC) committee meetings, agency decisions and Individuals who use will hold a virtual meeting. The rulings, delegations of authority, filing of telecommunication devices for the committee is authorized under the petitions and applications and agency Secure Rural Schools and Community statements of organization and functions are hearing-impaired (TDD) may call the examples of documents appearing in this Federal Information Relay Service Self-Determination Act (the Act) and section. (FIRS) at 1–800–877–8339 between 8:00 operates in compliance with the Federal a.m. and 8:00 p.m., Eastern Daylight Advisory Committee Act. The purpose Time, Monday through Friday. of the committee is to improve collaborative relationships and to DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: The provide advice and recommendations to purpose of the meetings is to: Forest Service the Forest Service concerning projects 1. Review progress of RAC project and funding consistent with Title II of proposals submitted to Forest El Dorado County Resource Advisory the Act. RAC information can be found Supervisor; and Committee at the following website: https:// 2. Determine options and needs for www.fs.usda.gov/main/sawtooth/ AGENCY: Forest Service, USDA. RAC monitoring of projects. workingtogether. ACTION: Notice of meeting. The meeting is open to the public. The agenda will include time for people DATES: The meeting will be held on SUMMARY: The El Dorado County to make oral statements of three minutes Thursday, May 13, 2021 at 9:00 a.m. Resource Advisory Committee (RAC) or less. Individuals wishing to make an Mountain Daylight Time. will hold a virtual meeting. The oral statement should request in writing All RAC meetings are subject to committee is authorized under the 7 days before the meeting to be cancellation. For status of the meeting Secure Rural Schools and Community scheduled on the agenda. Anyone who prior to attendance, please contact the Self-Determination Act (the Act) and would like to bring related matters to person listed under FOR FURTHER operates in compliance with the Federal the attention of the committee may file INFORMATION CONTACT. Advisory Committee Act. The purpose written statements with the committee of the committee is to improve ADDRESSES: The meeting will be held staff before or after the meeting. Written collaborative relationships and to virtually via telephone and/or video comments and requests for time to make provide advice and recommendations to conference. For virtual meeting oral comments must be sent to Kristi the Forest Service concerning projects information, please contact the person Schroeder, Eldorado National Forest, and funding consistent with the Act. listed under FOR FURTHER INFORMATION 100 Forni Road, Placerville, CA 95667; RAC information can be found at the CONTACT. by email to [email protected]; following website: https:// Written comments may be submitted or via facsimile to 530–621–5297. www.fs.usda.gov/main/eldorado/ as described under SUPPLEMENTARY Meeting Accommodations: If you are workingtogether/advisorycommittees. INFORMATION. All comments, including a person requiring reasonable DATES: names and addresses when provided, The meeting will be held on May accommodation, please make requests 19, 2021, from 4:00–6:00 p.m., Pacific are placed in the record and are in advance for sign language available for public inspection and Daylight Time. interpreting, assistive listening devices, All RAC meetings are subject to copying. The public may inspect or other reasonable accommodation. For cancellation. For status of meeting prior comments received at the Jerome Office access to the facility or proceedings, to attendance, please contact the person for the Sawtooth National Forest: 370 please contact the person listed in the listed under FOR FURTHER INFORMATION American Avenue, Jerome, Idaho 83338. section titled FOR FURTHER INFORMATION CONTACT. Please call ahead at to facilitate entry CONTACT. All reasonable into the building: 208–423–7500. ADDRESSES: The meeting will be held accommodation requests are managed FOR FURTHER INFORMATION CONTACT: Julie with virtual attendance only. For virtual on a case-by-case basis. meeting information, please contact the Thomas, RAC Coordinator, by phone at Dated: April 13, 2021. person listed under FOR FURTHER 208–423–7500 or via email at Cikena Reid, INFORMATION CONTACT. [email protected]. Written comments may be submitted USDA Committee Management Officer. Individuals who use as described under SUPPLEMENTARY [FR Doc. 2021–07906 Filed 4–16–21; 8:45 am] telecommunication devices for the INFORMATION. All comments, including BILLING CODE 3411–15–P hearing-impaired (TDD) may call the names and addresses when provided, Federal Information Relay Service are placed in the record and are (FIRS) at 1–800–877–8339 between 8:00 available for public inspection and DEPARTMENT OF AGRICULTURE a.m. and 8:00 p.m., Eastern Daylight copying. The public may inspect Time, Monday through Friday. Forest Service comments received at: Eldorado SUPPLEMENTARY INFORMATION: The National Forest Supervisor’s Office, 100 South Central Idaho Resource purpose of the meeting is to: Forni Road, Placerville, CA. Please call Advisory Committee 1. Present project proposals, and ahead to facilitate entry into the 2. Discuss, recommend, and approve building. AGENCY: Forest Service, USDA. new Title II projects.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20362 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

The meeting is open to the public. how to connect to the meeting, please Dated: April 13, 2021. The agenda will include time for people contact the person listed under FOR Cikena Reid, to make oral statements of three minutes FURTHER INFORMATION CONTACT. USDA Committee Management Officer. or less. Individuals wishing to make an ADDRESSES: The meetings will be held [FR Doc. 2021–07903 Filed 4–16–21; 8:45 am] oral statement should request in writing virtually. Written comments may be BILLING CODE 3411–15–P by April 26, 2021, to be scheduled on submitted as described under the agenda. Anyone who would like to SUPPLEMENTARY INFORMATION. All bring related matters to the attention of comments, including names and the committee may file written COMMISSION ON CIVIL RIGHTS addresses when provided, are placed in statements with the committee staff the record and are available for public before or after the meeting. Written Notice of Public Meeting of the Georgia inspection and copying. The public may comments and requests for time for oral Advisory Committee to the U.S. inspect comments received at the comments must be sent to Julie Thomas, Commission on Civil Rights Dubois Ranger District Office, 98 N RAC Coordinator, 370 American Oakley, Dubois, ID 83420. AGENCY: U.S. Commission on Civil Avenue, Jerome, Idaho 83338; by email Rights. to [email protected], or via FOR FURTHER INFORMATION CONTACT: Bill ACTION: Announcement of meeting. facsimile to 208–423–7510. Davis, RAC Coordinator, by phone at Meeting Accommodations: If you are 208–374–5422 or via email at SUMMARY: Notice is hereby given, a person requiring reasonable [email protected] pursuant to the provisions of the rules accommodation, please make requests Individuals who use and regulations of the U.S. Commission in advance for sign language telecommunication devices for the on Civil Rights (Commission) and the interpreting, assistive listening devices, hearing-imparied (TDD) may call the Federal Advisory Committee Act that or other reasonable accommodation. For Federal Information Relay Service the Georgia Advisory Committee access to the proceedings, please contact (FIRS) at 1–800–877–8339 between 8:00 (Committee) will hold a briefing via web the person listed in the section titled a.m. and 8:00 p.m., Eastern Daylight conference on Monday, May 10, 2021, at FOR FURTHER INFORMATION CONTACT. All Time, Monday through Friday. 12:00 p.m. Eastern Time for the purpose reasonable accommodation requests are of gathering testimony on civil asset SUPPLEMENTARY INFORMATION: The managed on a case-by-case basis. forfeiture in Georgia. purpose of the meeting is to: Dated: April 13, 2021. DATES: The meeting will be held on 1. Discuss current status of RAC; Cikena Reid, Monday, May 10, 2021 at 12:00 p.m.— USDA Committee Management Officer. 2. Elect a Committee Chair; and 1:45 p.m. Eastern Time. [FR Doc. 2021–07955 Filed 4–16–21; 8:45 am] 3. Discuss and make ADDRESSES: BILLING CODE 3411–15–P recommendations on new Secure Rural Register online (audio/visual): https:// Schools Title II projects. bit.ly/3mvDOh2. The meetings are open to the public. Join by phone (audio only): 800–360– DEPARTMENT OF AGRICULTURE The agendas will include time for 9505 USA Toll Free; Access code: 199 individuals to make oral statements of 105 0985. Forest Service three minutes or less. Individuals FOR FURTHER INFORMATION CONTACT: Eastern Idaho Resource Advisory wishing to make an oral statement at Melissa Wojnaroski, DFO, at Committee any of the meetings should request in [email protected] or 202–618– writing by Friday, April 30, 2021, to be 4158. AGENCY: Forest Service, USDA. scheduled on the agenda for that SUPPLEMENTARY INFORMATION: Members ACTION: Notice of meeting. particular meeting. Individuals who of the public can listen to the would like to bring related matters to SUMMARY: discussion. This meeting is available to The Eastern Idaho Resource the attention of the committee may file the public through the above listed toll- Advisory Committee (RAC) will meet written statements with the committee free number or online registration link. virtually. The committee is authorized staff before or after the meeting. Written An open comment period will be under the Secure Rural Schools and comments and requests for time for oral provided to allow members of the Community Self-Determination Act (the comments must be sent to Bill Davis, public to make a statement as time Act) and operates in compliance with RAC Coordinator, P.O. Box 46, Dubois, allows. Callers can expect to incur the Federal Advisory Committee Act. ID 83420; by email to william.davis6@ regular charges for calls they initiate The purpose of the committee is to usda.gov, or via facsimile to 208–374– over wireless lines, according to their improve collaborative relationships and 5623. to provide advice and recommendations wireless plan. The Commission will not to the Forest Service concerning projects Meeting Accommodations: If you are refund any incurred charges. Callers and funding consistent with Title II of a person requiring reasonable will incur no charge for calls they the Act. RAC information can be found accommodation, please make requests initiate over land-line connections to at the following website: https:// in advance for sign language the toll-free telephone number. Closed www.fs.usda.gov/main/ctnf/ interpreting, assistive listening devices, captions will be provided. Individuals workingtogether/advisorycommittees. or other reasonable accommodation. For who are deaf, deafblind, or hard of access to the facility or proceedings, DATES: The meetings will be held on: hearing may also follow the proceedings • May 18, 2021 at 9:00 a.m., please contact the person listed in the by first calling the Federal Relay Service Mountain Daylight Time; and section titled FOR FURTHER INFORMATION at 1–800–877–8339 and providing the • May 19, 2021 at 9:00 a.m., CONTACT. All reasonable Service with the conference call number Mountain Daylight Time. accommodation requests are managed and conference ID number. Please All RAC meetings are subject to on a case-by-case basis. contact the Commission 10 days prior to cancellation. For status of the meeting Authority: 44 U.S.C. 2101–2118; 50 U.S.C. the meeting to request other prior to attendance and information on 6909. accommodations.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20363

Members of the public are entitled to Office of the President, an annual report review of nominations, the Director of submit written comments; the on the activities and findings of the OMB appointed members per this comments must be received in the Committee. This report will also be balance plan and information on the regional office within 30 days following made available to the public. membership can be found at the meeting. Written comments may be DATES: May 21, 2021; June 18, 2021; July www.bea.gov/evidence. Any member emailed to Melissa Wojnaroski at 23, 2021. The meetings will begin at appointed to fill a vacancy occurring [email protected] in the Regional approximately 9:00 a.m. and adjourn at before the expiration of the term for Program Unit Office/Advisory approximately 12:00 p.m. (ET). which the member’s predecessor was Committee Management Unit. Persons ADDRESSES: Those interested in appointed shall be appointed only for who desire additional information may attending the Committee’s public the remainder of that term. contact the Regional Programs Unit meetings are requested to RSVP to The ACDEB is interested in the Office at 202–618–4158. [email protected] one week prior to public’s input on the issues it will Records generated from this meeting each meeting. Agendas, background consider, and requests that interested may be inspected and reproduced at the material, and meeting links will be parties submit statements to the ACDEB Regional Programs Unit Office, as they accessible 24 hours prior to each via email to [email protected]. Please become available, both before and after meeting at www.bea.gov/evidence. use the subject line ‘‘ACDEB Meeting the meeting. Records of the meeting will Members of the public who wish to Public Comment.’’ All statements will be available via https:// submit written input for the be provided to the members for their www.facadatabase.gov under the Committee’s consideration are consideration and will become part of Commission on Civil Rights, Georgia welcomed to do so via email to the Committee’s records. Additional Advisory Committee link. Persons [email protected]. Additional opportunities for public input will be interested in the work of this Committee opportunities for public input will be forthcoming as the Committee’s work are also directed to the Commission’s forthcoming. progresses. website, http://www.usccr.gov, or may The safety and well-being of the ACDEB Committee meetings are open, contact the Regional Programs Unit public, committee members, and our and the public is invited to attend and office at the above email or phone staff are our top priority. In light of observe. Those planning to attend are number. current travel restrictions and social- asked to RSVP to [email protected]. distancing guidelines resulting from the The call-in number, access code, and Agenda COVID–19 outbreak, each meeting will meeting link will be posted 24 hours Welcome and Roll Call be held virtually. prior to each meeting on www.bea.gov/ Discussion: Civil Rights in Georgia FOR FURTHER INFORMATION CONTACT: evidence. The meetings are accessible to (Civil Asset Forfeiture) Gianna Marrone, Program Analyst, U.S. people with disabilities. Requests for Public Comment foreign language interpretation or other Adjournment Department of Commerce, 4600 Silver Hill Road (BE–64), Suitland, MD 20746; auxiliary aids should be directed to Dated: April 13, 2021. phone (301) 278–9282; email Evidence@ Gianna Marrone at [email protected] David Mussatt, bea.gov. two weeks prior to each meeting. Supervisory Chief, Regional Programs Unit. SUPPLEMENTARY INFORMATION: The Dated: March 16, 2021. [FR Doc. 2021–07968 Filed 4–16–21; 8:45 am] Foundations for Evidence-Based Alyssa Holdren, BILLING CODE P Policymaking Act (Pub. L. 115–435, Designated Federal Official, U.S. Department Evidence Act 101(a)(2) (5 U.S.C. 315 of Commerce. (a)), establishes the Committee and its [FR Doc. 2021–07984 Filed 4–16–21; 8:45 am] DEPARTMENT OF COMMERCE charge. It specifies that the Chief BILLING CODE 3510–MN–P Statistician of the United States shall Office of the Under Secretary for serve as the Chair and other members Economic Affairs shall be appointed by the Director of the DEPARTMENT OF COMMERCE Office of Management and Budget Advisory Committee on Data for (OMB). The Act prescribes a Bureau of Economic Analysis Evidence Building membership balance plan that includes: Bureau of Economic Analysis Advisory AGENCY: Office of the Under Secretary one agency Chief Information Officer; Committee Meeting for Economic Affairs, U.S. Department one agency Chief Privacy Officer; one of Commerce. agency Chief Performance Officer; three AGENCY: Bureau of Economic Analysis, U.S. Department of Commerce. ACTION: Notice of public meetings. members who are agency Chief Data Officers; three members who are agency ACTION: Notice of public meeting. SUMMARY: The Office of the Under Evaluation Officers; and three members Secretary for Economic Affairs is who are agency Statistical Officials who SUMMARY: Pursuant to the Federal providing notice of three upcoming are members of the Interagency Council Advisory Committee Act, the Bureau of meetings of the Advisory Committee on for Statistical Policy established under Economic Analysis (BEA) announces a Data for Evidence Building (ACDEB or section 3504(e)(8) of title 44. meeting of the Bureau of Economic Committee). These will constitute the Additionally, at least 10 members are to Analysis Advisory Committee. The eighth, ninth, and tenth meeting of the be representative of state and local meeting will address proposed Committee in support of its charge to governments and nongovernmental improvements, extensions, and research review, analyze, and make stakeholders with expertise in related to BEA’s economic accounts. In recommendations on how to promote government data policy, privacy, addition, the meeting will include an the use of Federal data for evidence technology, transparency policy, update on recent statistical building purposes. At the conclusion of evaluation and research methodologies, developments. the Committee’s first and second year, it and other relevant subjects. Committee DATES: Friday, May 14, 2021. The will submit to the Director of the Office members serve for a term of two years. meeting begins at 10:00 a.m. and of Management and Budget, Executive Following a public solicitation and adjourns at 2:30 p.m.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20364 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

ADDRESSES: The safety and well-being of (Iceland), AD/CVD Operations, Office V, relevant entries of silicon metal from the public, committee members and Enforcement and Compliance, Bosnia and Iceland. Antidumping duties staff is the bureau’s top priority. In light International Trade Administration, will be assessed on unliquidated entries of the travel restrictions and social- U.S. Department of Commerce, 1401 of silicon metal from Bosnia and Iceland distancing requirements resulting from Constitution Avenue NW, Washington, which are entered, or withdrawn from the COVID–19 outbreak, this meeting DC 20230; telephone: (202) 482–3860 warehouse, for consumption on or after will be held virtually. and (202) 482–0176, respectively. December 11, 2020, the date of FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: publication of the Preliminary Determinations.3 Gianna Marrone, Program Analyst, U.S. Background Department of Commerce, Bureau of Continuation of Suspension of In accordance with sections 735(d) Economic Analysis, Suitland, MD Liquidation 20746; phone (301) 278–9282. and 777(i)(1) of the Tariff Act of 1930, Public Participation: This meeting is as amended (the Act), and 19 CFR In accordance with section 736 of the open to the public. Anyone planning to 351.210(c), on February 26, 2021, Act, Commerce will instruct CBP to attend the meeting must contact Gianna Commerce published its affirmative continue to suspend liquidation on all Marrone at BEA (301) 278–9282 or final determinations in the less-than- relevant entries of silicon metal from [email protected]. The call-in fair-value (LTFV) investigations of Bosnia and Iceland as described in the number, access code, and presentation silicon metal from Bosnia and Iceland.1 appendix to this notice which are link will be posted 24 hours prior to the On April 12, 2021, the ITC notified entered, or withdrawn from warehouse, meeting on https://www.bea.gov/about/ Commerce of its final affirmative for consumption on or after the date of bea-advisory-committee. The meeting is determinations that an industry in the publication of the ITC’s notice of final accessible to people with disabilities. United States is materially injured determinations in the Federal Register. Requests for foreign language within the meaning of section These instructions suspending interpretation or other auxiliary aids 735(b)(1)(A)(i) of the Act by reason of liquidation will remain in effect until should be directed to Gianna Marrone at LTFV imports of silicon metal from further notice. (301) 278–9282 by May 7, 2021. Bosnia and Iceland.2 We will also instruct CBP to require cash deposits for estimated antidumping SUPPLEMENTARY INFORMATION: The Scope of the Orders duties equal to the rates listed below. Committee was established September The products covered by these orders Accordingly, effective on the date of 2, 1999. The Committee advises the are silicon metal. For a complete publication in the Federal Register of Director of BEA on matters related to the description of the scope of the orders, the ITC’s final affirmative injury development and improvement of BEA’s see the appendix to this notice. determinations, CBP will require, at the national, regional, industry, and same time as importers would normally international economic accounts, with a Antidumping Duty Orders deposit estimated duties on this subject focus on new and rapidly growing areas On April 12, 2021, in accordance with merchandise, a cash deposit equal to the of the U.S. economy. The committee sections 735(b)(1)(A)(i) and 735(d) of the cash deposit rates listed below.4 The provides recommendations from the Act, the ITC notified Commerce of its relevant all-others rate applies to all perspectives of the economics final determinations that an industry in producers or exporters not specifically profession, business, and government. the United States is materially injured listed, as appropriate. Dated: March 16, 2021. by reason of imports of silicon metal Ryan Noonan, from Bosnia and Iceland. Therefore, in Estimated Weighted-Average Dumping Margins Designated Federal Officer, Bureau of accordance with sections 735(c)(2) and Economic Analysis. 736 of the Act, Commerce is issuing The dumping margins for each [FR Doc. 2021–07965 Filed 4–16–21; 8:45 am] these antidumping duty orders. Because antidumping duty order are as follows: BILLING CODE 3510–06–P the ITC determined that imports of silicon metal from Bosnia and Iceland Dumping Exporter or producer margin are materially injuring a U.S. industry, (percent) DEPARTMENT OF COMMERCE unliquidated entries of such merchandise from Bosnia and Iceland, Bosnia and Herzegovina International Trade Administration which are entered or withdrawn from [A–893–001; A–400–001] warehouse for consumption, are subject R-S Silicon D.O.O ...... 21.41 to the assessment of antidumping All Others ...... 21.41 duties. Silicon Metal From Bosnia and Iceland Herzegovina and Iceland: Antidumping Therefore, in accordance with section Duty Orders 736(b)(1) of the Act, Commerce will PCC Bakki Silicon hf ...... 47.54 instruct U.S. Customs and Border All Others ...... 37.83 AGENCY: Enforcement and Compliance, Protection (CBP) to assess, upon further International Trade Administration, instruction by Commerce, antidumping Critical Circumstances Department of Commerce. duties equal to the amount by which the With regard to the ITC’s negative SUMMARY: Based on affirmative final normal value of the merchandise critical circumstances determination on determinations by the Department of exceeds the export price (or constructed imports of silicon metal from Iceland, Commerce (Commerce) and the export price) of the merchandise, for all International Trade Commission (ITC), we will instruct CBP to lift suspension and to refund any cash deposits made Commerce is issuing antidumping duty 1 See Silicon Metal from Bosnia and Herzegovina orders on silicon metal from Bosnia and and Iceland: Final Affirmative Determinations of Herzegovina (Bosnia) and Iceland. Sales at Less Than Fair Value and Final Affirmative 3 See Silicon Metal from Bosnia and Herzegovina DATES: Applicable April 19, 2021. Determination of Critical Circumstances for and Iceland: Preliminary Affirmative Determination Iceland, 86 FR 11720 (February 26, 2021). of Sales at Less Than Fair Value, 85 FR 80009 FOR FURTHER INFORMATION CONTACT: 2 See ITC’s Letter, ITC Notification, dated April (December 11, 2020) (Preliminary Determinations). Brittany Bauer (Bosnia) and Emily Halle 12, 2021 (ITC Letter). 4 See section 736(a)(3) of the Act.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20365

to secure the payment of estimated Dated: April 14, 2021. the ITC notified Commerce of its antidumping duties with respect to Christian Marsh, affirmative final determination that entries of the subject merchandise Acting Assistant Secretary for Enforcement pursuant to sections 705(b)(1)(A)(i) and entered or withdrawn from warehouse, and Compliance. 705(d) of the Act, an industry in the for consumption on or after September Appendix—Scope of the Orders United States is materially injured by 12, 2020 (i.e., 90 days prior to the date reason of subsidized imports of silicon of the publication of the Preliminary The scope of these orders covers all forms metal from Kazakhstan.2 and sizes of silicon metal, including silicon Determinations), but before December metal powder. Silicon metal contains at least Scope of the Order 11, 2020 (i.e., the date of publication of 85.00 percent but less than 99.99 percent the Preliminary Determinations). silicon, and less than 4.00 percent iron, by The product covered by this order is actual weight. Semiconductor grade silicon Provisional Measures silicon metal from Kazakhstan. For a (merchandise containing at least 99.99 complete description of the scope of the Section 733(d) of the Act states that percent silicon by actual weight and order, see the Appendix to this notice. classifiable under Harmonized Tariff suspension of liquidation pursuant to an Schedule of the United States (HTSUS) Countervailing Duty Order affirmative preliminary determination subheading 2804.61.0000) is excluded from may not remain in effect for more than the scope of these orders. On April 12, 2021, in accordance with four months, except where exporters Silicon metal is currently classifiable sections 705(b)(1)(A)(i) and 705(d) of the representing a significant proportion of under subheadings 2804.69.1000 and Act, the ITC notified Commerce of its exports of the subject merchandise 2804.69.5000 of the HTSUS. While the HTSUS numbers are provided for final determination that an industry in request Commerce extended the four- convenience and customs purposes, the the United States is materially injured month period to no more than six- written description of the scope remains by reason of subsidized imports of months. Commerce published the dispositive. silicon metal from Kazakhstan.3 Preliminary Determinations on [FR Doc. 2021–08112 Filed 4–16–21; 8:45 am] Therefore, in accordance with section December 11, 2020. Commerce’s Final BILLING CODE 3510–DS–P 705(c)(2) of the Act, Commerce is Determinations were not extended and issuing this countervailing duty order. were published on February 26, 2021. Because the ITC determined that Therefore, the four-month period DEPARTMENT OF COMMERCE imports of silicon metal from beginning on the date of publication of Kazakhstan are materially injuring a International Trade Administration the Preliminary Determinations ended U.S. industry, unliquidated entries of on April 9, 2021. Furthermore, section [C–834–811] such merchandise from Kazakhstan, 737(b) of the Act states that definitive which are entered or withdrawn from duties are to begin on the date of Silicon Metal From the Republic of warehouse for consumption, are subject publication of the ITC’s final injury Kazakhstan: Countervailing Duty Order to the assessment of countervailing determination. AGENCY: Enforcement and Compliance, duties. Therefore, in accordance with section International Trade Administration, Therefore, in accordance with section 733(d) of the Act, we will instruct CBP Department of Commerce. 706(a) of the Act, Commerce will direct to terminate the suspension of SUMMARY: Based on affirmative final U.S. Customs and Border Protection liquidation and to liquidate, without determinations by the Department of (CBP) to assess, upon further instruction regard to antidumping duties, Commerce (Commerce) and the by Commerce, countervailing duties for unliquidated entries of silicon metal International Trade Commission (ITC), all relevant entries of silicon metal from from Bosnia and Iceland entered, or Commerce is issuing a countervailing Kazakhstan. Countervailing duties will withdrawn from warehouse, for duty order on silicon metal from the be assessed on unliquidated entries of consumption after April 9, 2021, the Republic of Kazakhstan (Kazakhstan). silicon metal from Kazakhstan which date on which the provisional measures DATES: Applicable April 19, 2021. are entered, or withdrawn from expired, until and through the day FOR FURTHER INFORMATION CONTACT: warehouse, for consumption on or after preceding the date of publication of the Justin Neuman, AD/CVD Operations, December 3, 2020, the date of ITC’s final injury determinations in the Office V, Enforcement and Compliance, publication of the Preliminary Federal Register. Suspension of International Trade Administration, Determination,4 but will not include liquidation will resume on the date of U.S. Department of Commerce, 1401 entries occurring after the expiration of publication of the ITC’s final Constitution Avenue NW, Washington, the provisional measures period and determinations in the Federal Register. DC 20230; telephone: (202) 482–0486. before the publication of the ITC’s final SUPPLEMENTARY INFORMATION: Notifications to Interested Parties injury determination under section Background 705(b) of the Act, as further described This notice constitutes the below. antidumping duty orders with respect to In accordance with sections 705(a), silicon metal from Bosnia and Iceland 705(d), and 777(i)(1) of the Tariff Act of Determination, 86 FR 11725 (February 26, 2021) pursuant to section 736(a) of the Act. 1930, as amended (the Act), and 19 CFR (Final Determination) and accompanying Issues and Interested parties can find a list of 351.210(c), on February 26, 2021, Decision Memorandum. Commerce published its affirmative 2 See ITC’s Letter, ITC Notification, dated April antidumping duty orders currently in final determination that countervailable 12, 2021 (ITC Notification Letter). effect at http://enforcement.trade.gov/ 3 subsidies are being provided to Id. 4 stats/iastats1.html. producers and exporters of silicon metal See Silicon Metal from the Republic of Kazakhstan: Preliminary Affirmative Countervailing 1 These orders are published in from Kazakhstan. On April 12, 2021, Duty Determination, and Alignment of Final accordance with section 736(a) of the Determination with Final Antidumping Duty Act and 19 CFR 351.211(b). 1 See Silicon Metal from the Republic of Determination, 85 FR 78122 (December 3, 2020) Kazakhstan: Final Affirmative Countervailing Duty (Preliminary Determination).

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20366 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

Suspension of Liquidation and Cash Federal Register. Suspension of impact of our information collection Deposits liquidation will resume on the date of requirements and minimize the public’s In accordance with section 706 of the publication of the ITC’s final reporting burden. The purpose of this Act, Commerce will instruct CBP to determination in the Federal Register. notice is to allow for 60 days of public reinstitute the suspension of liquidation Notification to Interested Parties comment preceding submission of the of silicon metal from Kazakhstan, as collection to OMB. This notice constitutes the described in the appendix to this notice, countervailing duty order with respect DATES: To ensure consideration, effective on the date of publication of to silicon metal from Kazakhstan comments regarding this proposed the ITC’s notice of final determination pursuant to section 706(a) of the Act. information collection must be received in the Federal Register, and to assess, on or before June 18, 2021. upon further instruction by Commerce, Interested parties can find a list of pursuant to section 706(a)(1) of the Act, countervailing duty orders currently in ADDRESSES: Interested persons are countervailing duties for each entry of effect at http://enforcement.trade.gov/ invited to submit written comments by the subject merchandise in an amount stats/iastats1.html. This order is issued mail to Maureen O’Reilly, Management based on the net countervailable and published in accordance with Analyst, NIST, by email to subsidy rates below. On or after the date section 706(a) of the Act and 19 CFR [email protected]. Please of publication of the ITC’s final injury 351.211(b). reference OMB Control Number 0693– determinations in the Federal Register, Dated: April 14, 2021. 0080 in the subject line of your CBP must require, at the same time as Christian Marsh, comments. Do not submit Confidential importers would deposit estimated Acting Assistant Secretary for Enforcement Business Information or otherwise normal customs duties on this and Compliance. sensitive or protected information. merchandise, a cash deposit equal to the Appendix FOR FURTHER INFORMATION CONTACT: rates noted below. The all-others rate applies to all producers or exporters not Scope of the Order Requests for additional information or specific questions related to collection specifically listed below. The scope of this order covers all forms and sizes of silicon metal, including silicon activities should be directed to Jeni Subsidy metal powder. Silicon metal contains at least Kostick, Office of Safety, Health, and Company rate 85.00 percent but less than 99.99 percent Environment, NIST, 100 Bureau Drive, (percent) silicon, and less than 4.00 percent iron, by Gaithersburg, MD 20899, (301) 975– actual weight. Semiconductor grade silicon 3263 or [email protected]. Tau-Ken Temir LLP and JSC (merchandise containing at least 99.99 NMC Tau-Ken Samruk 5 ...... 160.00 percent silicon by actual weight and SUPPLEMENTARY INFORMATION: All Others ...... 160.00 classifiable under Harmonized Tariff Schedule of the United States (HTSUS) I. Abstract Provisional Measures subheading 2804.61.0000) is excluded from the scope of this order. The National Institute of Standards Section 703(d) of the Act states that Silicon metal is currently classifiable and Technology (NIST) is a unique suspension of liquidation pursuant to an under subheadings 2804.69.1000 and federal campus which hosts daily a affirmative preliminary determination 2804.69.5000 of the HTSUS. While the range of non-federal individuals. Non- may not remain in effect for more than HTSUS numbers are provided for federal individuals may include NIST four months. In the underlying convenience and customs purposes, the Associates, volunteers, students, and investigation, Commerce published the written description of the scope remains visitors. In order to provide these dispositive. Preliminary Determination on December individuals with proper health care and 3, 2020. Therefore, the four-month [FR Doc. 2021–08111 Filed 4–16–21; 8:45 am] health documentation, NIST is pursuing period beginning on the date of the BILLING CODE 3510–DS–P approval of three health unit forms. The publication of the Preliminary information is collected for the Determination ended on April 1, 2021. following purposes: Furthermore, section 707(b) of the Act DEPARTMENT OF COMMERCE states that definitive duties are to begin 1. For medical treatment, testing, or on the date of publication of the ITC’s National Institute of Standards and recording of medical or safety final injury determination. Technology equipment or incidents. Therefore, in accordance with section 2. To refer information required by Agency Information Collection 703(d) of the Act, we instructed CBP to applicable law to be disclosed to a Activities; Submission to the Office of terminate the suspension of liquidation Federal, State, or local public health Management and Budget (OMB) for and to liquidate, without regard to Review and Approval; Comment service agency, concerning individuals countervailing duties, unliquidated Request; Safety and Health who have contracted certain entries of silicon metal from Kazakhstan Information Collection communicable diseases or conditions. entered, or withdrawn from warehouse, Such information is used to prevent for consumption, on or after April 2, AGENCY: National Institute of Standards further outbreak of the disease or 2021, the date the provisional measures and Technology (NIST), Commerce. condition. expired, until and through the day ACTION: Notice of Information 3. To disclose information to the preceding the date of publication of the Collection, request for comment. appropriate Federal, State, or local ITC’s final injury determination in the SUMMARY: The Department of agencies responsible for investigation of an accident, disease, medical condition, 5 As discussed in the Issues and Decision Commerce, in accordance with the Memorandum, Commerce has found the following Paperwork Reduction Act of 1995 or injury as required by pertinent legal companies to be cross-owned with Tau-Ken Temir (PRA), invites the general public and authority. LLP and JSC NMC Tau-Ken Samruk: Silicon Metal 4. To disclose to the Office of LLP, Metallurgical Combine KazSilicon LLP, other Federal agencies to comment on National Welfare Fund ‘‘Samruk-Kazyna’’ JSC, proposed, and continuing information Workers’ Compensation Programs about ‘‘Ekibastuz GRES–2 station’’ JSC, and JSC KEGOC. collections, which helps us assess the a claim for benefits filed.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20367

II. Method of Collection DEPARTMENT OF COMMERCE The evaluation of visitor demographics, experiences, and Information will be collected in paper National Oceanic and Atmospheric opinions about visitor centers and format, electronically via internal web Administration exhibits is needed to support the applications, and through interviews. conservation, education, and Agency Information Collection III. Data management goals of ONMS to Activities; Submission to the Office of strengthen and improve the OMB Control Number: 0693–0080. Management and Budget (OMB) for stewardship, sustainable use, and Form Number(s): None. Review and Approval; Comment protection of natural, cultural, and Request; Evaluation of Public Visitors’ Type of Review: Extension of a current historical resources. Under the Experience at the National Marine information collection. jurisdiction of ONMS and to satisfy Sanctuaries Visitor Centers and legal mandates, the National Oceanic Affected Public: Some associates, Exhibits volunteers, and visitors to NIST. and Atmospheric Administration AGENCY: National Oceanic & (NOAA) is authorized to conduct Estimated Number of Respondents: evaluations, such as this information 1,000. Atmospheric Administration (NOAA), Commerce. collection, under the American Estimated Time per Response: 10 Innovation and Competitiveness Act ACTION: Notice of information collection, minutes. (section 314(c)) to ensure education request for comment. Estimated Total Annual Burden programs have measurable objectives Hours: 166. SUMMARY: The Department of and milestones as well as clear, Estimated Total Annual Cost to Commerce, in accordance with the documented metrics for evaluating its Public: $0. Paperwork Reduction Act of 1995 programs. For example, the Mokupa¯papa Respondent’s Obligation: Voluntary. (PRA), invites the general public and Discovery Center (Center) is an outreach Legal Authority: other Federal agencies to comment on proposed, and continuing information arm of Papaha¯naumokua¯kea Marine IV. Request for Comments collections, which helps us assess the National Monument that reaches more impact of our information collection than 75,000 people each year in Hilo, We are soliciting public comments to requirements and minimize the public’s Hawai‘i. The Center was created almost permit the Department/Bureau to: (a) reporting burden. The purpose of this two decades ago to help raise support Evaluate whether the proposed notice is to allow for 60 days of public for the creation of a national marine information collection is necessary for comment preceding submission of the sanctuary in the Northwestern Hawaiian the proper functions of the Department, collection to OMB. Islands. Since that time, the area has including whether the information will been proclaimed a marine national have practical utility; (b) Evaluate the DATES: To ensure consideration, comments regarding this proposed monument and the main messages we accuracy of our estimate of the time and are trying to share with the public have information collection must be received cost burden for this proposed collection, changed to better reflect the new on or before June 18, 2021. including the validity of the monument status, UNESCO World methodology and assumptions used; (c) ADDRESSES: Interested persons are Heritage status, and the joint Evaluate ways to enhance the quality, invited to submit written comments to management by the three co-trustees of utility, and clarity of the information to Adrienne Thomas, NOAA PRA Officer, the monument. be collected; and (d) Minimize the at [email protected]. Please ONMS recently updated its Strategic reporting burden on those who are to reference OMB Control Number 0648– Plan and has identified a lack of respond, including the use of automated 0582 in the subject line of your information on the effectiveness of its collection techniques or other forms of comments. Do not submit Confidential education, outreach, and information technology. Business Information or otherwise communications initiatives as they Comments that you submit in sensitive or protected information. relate to sanctuary/monument visitor response to this notice are a matter of FOR FURTHER INFORMATION CONTACT: centers, exhibits (permanent or public record. We will include or Requests for additional information or traveling/temporary), kiosks, and summarize each comment in our request specific questions related to collection educational programming conducted by to OMB to approve this ICR. Before activities should be directed to Dr. its visitor centers and partner facilities. including your address, phone number, Giselle Samonte, Economist, NOAA We therefore are seeking to determine email address, or other personal Office of National Marine Sanctuaries, if people visiting ONMS’ visitor centers identifying information in your 1305 East West Highway, SSMC4, 11th and exhibits are receiving our new comment, you should be aware that Floor, Silver Spring, MD 20910; email messages by conducting an optional exit your entire comment—including your address: [email protected]. survey. ONMS is requesting to conduct personal identifying information—may SUPPLEMENTARY INFORMATION: a survey to evaluate patron acuity to determine successful concept be made publicly available at any time. I. Abstract While you may ask us in your comment attainment. Conducting thorough to withhold your personal identifying The Office of National Marine evaluations will aid in vital decisions information from public review, we Sanctuaries (ONMS) is requesting regarding exhibit renovation, new cannot guarantee that we will be able to revision and extension of a currently exhibits, interpretation programs, and do so. approved information collection. This educational content. information collection is revised to Sheleen Dumas, include the collection instruments II. Method of Collection Department PRA Clearance Officer, Office of approved under OMB Control Number Information collection is voluntary the Chief Information Officer, Commerce 0648–0777, after which that control via completion of an ONMS Visitor Department. number will be discontinued. The title Center and Exhibit Survey provided at [FR Doc. 2021–07972 Filed 4–16–21; 8:45 am] of this collection is being changed to the ONMS and Partner Outreach BILLING CODE 3510–13–P encompass both collections. Facilities.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20368 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

III. Data DEPARTMENT OF ENERGY Accession Number: 20210413–5054. Comments Due: 5 p.m. ET 5/4/21. OMB Control Number: 0648–0582. Federal Energy Regulatory Docket Numbers: ER21–1665–000. Form Number(s): None. Commission Applicants: AEP Texas Inc.. Description: § 205(d) Rate Filing: Type of Review: Regular (Revision and Combined Notice of Filings #1 extension of current information AEPTX-Wind Energy Transmission collection.) Take notice that the Commission Texas Interconnection Agreement to be received the following exempt effective 4/1/2021. Affected Public: Individuals or Filed Date: 4/13/21. households. wholesale generator filings: Docket Numbers: EG21–121–000. Accession Number: 20210413–5069. Estimated Number of Respondents: Applicants: Kei Mass Energy Storage Comments Due: 5 p.m. ET 5/4/21. 8,750. I, LLC. Docket Numbers: ER21–1666–000. Estimated Time per Response: Center Description: Notice of Self- Applicants: ISO New England Inc., Survey: 8 minutes; Visitor and Exhibit Certification of Exempt Wholesale New England Power Pool Participants Survey: 12 minutes. Generator Status of Kei Mass Energy Committee. Estimated Total Annual Burden Storage I, LLC. Description: § 205(d) Rate Filing: Rev Hours: 1,734. Filed Date: 4/12/21. to List the Min Ethics Stndards for Mkt Accession Number: 20210412–5882. Monitoring w/out Ref Code of Conduct Estimated Total Annual Cost to Comments Due: 5 p.m. ET 5/3/21. to be effective 6/12/2021. Public: $0. Docket Numbers: EG21–122–000. Filed Date: 4/13/21. Respondent’s Obligation: Voluntary. Applicants: Niyol Wind, LLC. Accession Number: 20210413–5070. Legal Authority: National Marine Description: Notice of Self- Comments Due: 5 p.m. ET 5/4/21. Sanctuary Act. Certification of Exempt Wholesale Docket Numbers: ER21–1667–000. Generator Status of Niyol Wind, LLC. Applicants: Tri-State Generation and IV. Request for Comments Filed Date: 4/13/21. Transmission Association, Inc.. Accession Number: 20210413–5203. Description: Tariff Cancellation: We are soliciting public comments to Notice of Cancellation of Rate Schedule permit the Department/Bureau to: (a) Comments Due: 5 p.m. ET 5/4/21. Take notice that the Commission FERC No. 257 to be effective 4/14/2021. Evaluate whether the proposed Filed Date: 4/13/21. information collection is necessary for received the following electric rate filings: Accession Number: 20210413–5078. the proper functions of the Department, Comments Due: 5 p.m. ET 5/4/21. including whether the information will Docket Numbers: ER20–2379–002. have practical utility; (b) Evaluate the Applicants: Sugar Creek Wind One Docket Numbers: ER21–1668–000. accuracy of our estimate of the time and LLC. Applicants: PJM Interconnection, cost burden for this proposed collection, Description: Notice of Non-Material L.L.C. including the validity of the Change in Status of Sugar Creek Wind Description: § 205(d) Rate Filing: methodology and assumptions used; (c) One LLC. Amendment to WMPA, First Revised Evaluate ways to enhance the quality, Filed Date: 4/12/21. SA No. 4644; Queue No. AB1–163 utility, and clarity of the information to Accession Number: 20210412–5886. (amend) to be effective 2/8/2017.. be collected; and (d) Minimize the Comments Due: 5 p.m. ET 5/3/21. Filed Date: 4/13/21. reporting burden on those who are to Docket Numbers: ER21–679–001. Accession Number: 20210413–5103. respond, including the use of automated Applicants: Midcontinent Comments Due: 5 p.m. ET 5/4/21. collection techniques or other forms of Independent System Operator, Inc. Docket Numbers: ER21–1669–000. information technology. Description: Compliance filing: 2021– Applicants: Midcontinent 04–13_Compliance Filing re Spinning Independent System Operator, Inc. Comments that you submit in Reserves to be effective 6/1/2021. Description: § 205(d) Rate Filing: response to this notice are a matter of Filed Date: 4/13/21. 2021–04–13_SA 3423 ATC–WPSC 1st public record. We will include or Accession Number: 20210413–5207. Rev GIA (J870) to be effective 3/30/2021. summarize each comment in our request Comments Due: 5 p.m. ET 5/4/21. Filed Date: 4/13/21. to OMB to approve this ICR. Before Docket Numbers: ER21–1663–000. Accession Number: 20210413–5104. including your address, phone number, Comments Due: 5 p.m. ET 5/4/21. email address, or other personal Applicants: Old Dominion Electric identifying information in your Cooperative, PJM Interconnection, Docket Numbers: ER21–1670–000. comment, you should be aware that L.L.C. Applicants: Midcontinent your entire comment—including your Description: § 205(d) Rate Filing: Independent System Operator, Inc. Revised SA No. 3746, NITSA Among Description: § 205(d) Rate Filing: personal identifying information—may _ be made publicly available at any time. PJM and Old Dominion Electric 2021–04–13 SA 3424 ATC-Wisconsin While you may ask us in your comment Cooperative to be effective 4/1/2021. Electric Power 1st Rev GIA (J871) to be to withhold your personal identifying Filed Date: 4/12/21. effective 3/30/2021. information from public review, we Accession Number: 20210412–5770. Filed Date: 4/13/21. cannot guarantee that we will be able to Comments Due: 5 p.m. ET 5/3/21. Accession Number: 20210413–5140. do so. Docket Numbers: ER21–1664–000. Comments Due: 5 p.m. ET 5/4/21. Applicants: PJM Interconnection, Docket Numbers: ER21–1671–000. Sheleen Dumas, L.L.C. Applicants: PJM Interconnection, Department PRA Clearance Officer, Office of Description: § 205(d) Rate Filing: L.L.C. the Chief Information Officer, Commerce Original ISA, Service Agreement No. Description: § 205(d) Rate Filing: Department. 6007; Queue No. AD2–115 to be Amendment to ISA, SA No. 5596; [FR Doc. 2021–07904 Filed 4–16–21; 8:45 am] effective 3/15/2021. Queue Position AD1–020 to be effective BILLING CODE 3510–NK–P Filed Date: 4/13/21. 4/29/2020.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20369

Filed Date: 4/13/21. Accession Number: 202104075119. Filed Date: 4/9/21. Accession Number: 20210413–5195. Comments/Protests Due: 5 p.m. ET Accession Number: 20210409–5188. Comments Due: 5 p.m. ET 5/4/21. 4/28/2021. Comments Due: 5 p.m. ET 4/21/21. Docket Numbers: ER21–1672–000. Docket Number: PR21–42–000. Applicants: Alabama Power Applicants: Columbia Gas of Ohio, The filings are accessible in the Company. Inc. Commission’s eLibrary system by Description: § 205(d) Rate Filing: Description: Tariff filing per clicking on the links or querying the Neoen U.S. (Lydia Solar) LGIA filing to 284.123(b),(e)/: COH Rates effective docket number. be effective 3/30/2021. March 30, 2021 to be effective 3/30/ Any person desiring to intervene or Filed Date: 4/13/21. 2021. protest in any of the above proceedings Accession Number: 20210413–5197. Filed Date: 4/9/2021. must file in accordance with Rules 211 Comments Due: 5 p.m. ET 5/4/21. Accession Number: 202104095262. and 214 of the Commission’s Docket Numbers: ER21–1673–000. Comments/Protests Due: 5 p.m. ET Regulations (18 CFR 385.211 and Applicants: Tri-State Generation and 4/30/2021. 385.214) on or before 5:00 p.m. Eastern Transmission Association, Inc. Docket Number: PR21–43–000. time on the specified comment date. Description: § 205(d) Rate Filing: Applicants: Valley Crossing Pipeline, Protests may be considered, but Submission of Normalization Filing to LLC. intervention is necessary to become a be effective 6/12/2021. Description: Tariff filing per party to the proceeding. Filed Date: 4/13/21. 284.123(b),(e)/: Valley Crossing SOC eFiling is encouraged. More detailed Accession Number: 20210413–5206. Contact Person Update to be effective information relating to filing Comments Due: 5 p.m. ET 5/4/21. 4/14/2021 under PR21–43. requirements, interventions, protests, Filed Date: 4/9/2021. The filings are accessible in the service, and qualifying facilities filings Accession Number: 202104095275. can be found at: http://www.ferc.gov/ Commission’s eLibrary system (https:// Comments/Protests Due: 5 p.m. ET docs-filing/efiling/filing-req.pdf. For elibrary.ferc.gov/idmws/search/ 4/30/2021. fercgensearch.asp) by querying the other information, call (866) 208–3676 Docket Numbers: RP21–702–001. (toll free). For TTY, call (202) 502–8659. docket number. Applicants: Natural Gas Pipeline Any person desiring to intervene or Company of America. Dated: April 13, 2021. protest in any of the above proceedings Description: Tariff Amendment: Nathaniel J. Davis, Sr., must file in accordance with Rules 211 Amendment Filing to a Negotiated Rate Deputy Secretary. and 214 of the Commission’s Agreement—Sempra Gas & Power to be [FR Doc. 2021–07983 Filed 4–16–21; 8:45 am] Regulations (18 CFR 385.211 and effective 4/1/2021. BILLING CODE 6717–01–P 385.214) on or before 5:00 p.m. Eastern Filed Date: 4/8/21. time on the specified comment date. Accession Number: 20210408–5290. Protests may be considered, but Comments Due: 5 p.m. ET 4/20/21. intervention is necessary to become a Docket Numbers: RP21–730–000. FEDERAL ELECTION COMMISSION party to the proceeding. Applicants: Guardian Pipeline, L.L.C. eFiling is encouraged. More detailed Description: § 4(d) Rate Filing: Sunshine Act Meeting information relating to filing Updated Negotiated Rate PAL requirements, interventions, protests, Agreements—February 2021 to be TIME AND DATE: Thursday, April 22, service, and qualifying facilities filings effective 5/10/2021. 2021 at 10:00 a.m. can be found at: http://www.ferc.gov/ Filed Date: 4/9/21. PLACE: Virtual Meeting. Note: Because docs-filing/efiling/filing-req.pdf. For Accession Number: 20210409–5065. of the COVID–19 pandemic, we will other information, call (866) 208–3676 Comments Due: 5 p.m. ET 4/21/21. conduct the open meeting virtually. IF (toll free). For TTY, call (202) 502–8659. Docket Numbers: RP21–731–000. you would like to access the meeting, Dated: April 13, 2021. Applicants: Columbia Gas see the instructions below. Nathaniel J. Davis, Sr., Transmission, LLC. STATUS: This meeting will be open to Deputy Secretary. Description: § 4(d) Rate Filing: April 9 21 Neg Rate Agmts to be effective 4/9/ the public. to access the virtual meeting, [FR Doc. 2021–07982 Filed 4–16–21; 8:45 am] 2021. go to the commission’s website BILLING CODE 6717–01–P Filed Date: 4/9/21. www.fec.gov and click on the banner to Accession Number: 20210409–5085. be taken to the meeting page. Comments Due: 5 p.m. ET 4/21/21. DEPARTMENT OF ENERGY MATTERS TO BE CONSIDERED: Docket Numbers: RP21–732–000. Proposed Amendment to Directive 17 Applicants: Natural Gas Pipeline Federal Energy Regulatory Draft Statement of Policy Regarding Commission Company of America. Description: § 4(d) Rate Filing: Closing the File at the Initial Stage in the Enforcement Process Combined Notice of Filings Negotiated Rate Agreements Filing— Macquarie Energy to be effective 4/10/ Draft Notice of Availability in REG Take notice that the Commission has 2021. 2021–01 (Candidate Salaries) received the following Natural Gas Filed Date: 4/9/21. OIG FY 2022 Appropriations Language Pipeline Rate and Refund Report filings: Accession Number: 20210409–5140. Proposed Commission Actions to Docket Number: PR21–41–000. Comments Due: 5 p.m. ET 4/21/21. Address ‘‘SCAM PACs’’ Applicants: EasTrans, LLC. Docket Numbers: RP21–733–000. Management and Administrative Description: Tariff filing per Applicants: Rockies Express Pipeline Matters 284.123(b),(e)/: EasTrans SOC 5.0.0 LLC. Cashout Amendment to be effective Description: § 4(d) Rate Filing: REX CONTACT PERSON FOR MORE INFORMATION: 3/8/2021 under PR21–41. 2021–04–09 Administrative Changes to Judith Ingram, Press Officer, Telephone: Filed Date: 4/7/2021. be effective 5/10/2021. (202) 694–1220.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20370 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

Authority: Government in the Sunshine LaGrange Park, Illinois; to join the President) 600 Atlantic Avenue, Boston, Act, 5 U.S.C. 552b Madden Family Control Group, a group Massachusetts 02210–2204. Comments Laura E. Sinram, acting in concert, to retain voting shares can also be sent electronically to Acting Secretary and Clerk of the of Schaumburg Bancshares, and thereby BOS.SRC.Applications.Comments@ Commission. indirectly retain voting shares of bos.frb.org: [FR Doc. 2021–08134 Filed 4–15–21; 4:15 pm] Heritage Bank of Schaumburg, both of 1. The Vanguard Group, Inc., Schaumburg, Illinois. BILLING CODE 6715–01–P Malvern, Pennsylvania; on behalf of B. Federal Reserve Bank of St. Louis itself, its subsidiaries and affiliates, (Holly A. Rieser, Manager) P.O. Box 442, including investment companies St. Louis, Missouri 63166–2034. FEDERAL RESERVE SYSTEM registered under the Investment Comments can also be sent Company Act of 1940, other pooled Change in Bank Control Notices; electronically to investment vehicles, and institutional Acquisitions of Shares of a Bank or [email protected]: accounts that are sponsored, managed, 1. Kimberly B. Brown and Barry K. Bank Holding Company or advised by Vanguard; to acquire Brown, both of Princeton, Kentucky; to additional voting shares of Webster The notificants listed below have retain voting shares of Fredonia Valley Financial Corporation, and thereby applied under the Change in Bank Bancorp, Inc., and thereby indirectly indirectly acquire additional voting Control Act (Act) (12 U.S.C. 1817(j)) and retain voting shares of Fredonia Valley shares of Webster Bank, National § 225.41 of the Board’s Regulation Y (12 Bank, both of Fredonia, Kentucky. CFR 225.41) to acquire shares of a bank Association, both of Waterbury, Board of Governors of the Federal Reserve Connecticut. or bank holding company. The factors System, April 13, 2021. B. Federal Reserve Bank of New York that are considered in acting on the Ann Misback, applications are set forth in paragraph 7 (Ivan Hurwitz, Senior Vice President) 33 Secretary of the Board. of the Act (12 U.S.C. 1817(j)(7)). Liberty Street, New York, New York The public portions of the [FR Doc. 2021–07905 Filed 4–16–21; 8:45 am] 10045–0001. Comments can also be sent applications listed below, as well as BILLING CODE P electronically to other related filings required by the [email protected]: Board, if any, are available for FEDERAL RESERVE SYSTEM 1. The Vanguard Group, Inc., immediate inspection at the Federal Malvern, Pennsylvania; on behalf of Reserve Bank(s) indicated below and at Change in Bank Control Notices; itself, its subsidiaries and affiliates, the offices of the Board of Governors. Acquisitions of Shares of a Bank or including investment companies This information may also be obtained Bank Holding Company registered under the Investment on an expedited basis, upon request, by Company Act of 1940, other pooled The notificants listed below have contacting the appropriate Federal investment vehicles, and institutional applied under the Change in Bank Reserve Bank and from the Board’s accounts that are sponsored, managed, Control Act (Act) (12 U.S.C. 1817(j)) and Freedom of Information Office at or advised by Vanguard; to acquire § 225.41 of the Board’s Regulation Y (12 https://www.federalreserve.gov/foia/ additional voting shares of Sterling CFR 225.41) to acquire shares of a bank request.htm. Interested persons may Bancorp, and thereby indirectly acquire or bank holding company. The factors express their views in writing on the additional voting shares of Sterling that are considered in acting on the standards enumerated in paragraph 7 of National Bank, both of Pearl River, New applications are set forth in paragraph 7 the Act. York. Comments regarding each of these of the Act (12 U.S.C. 1817(j)(7)). applications must be received at the The public portions of the C. Federal Reserve Bank of Cleveland Reserve Bank indicated or the offices of applications listed below, as well as (Mary S. Johnson, Vice President) 1455 the Board of Governors, Ann E. other related filings required by the East Sixth Street, Cleveland, Ohio Misback, Secretary of the Board, 20th Board, if any, are available for 44101–2566. Comments can also be sent Street and Constitution Avenue NW, immediate inspection at the Federal electronically to Washington DC 20551–0001, not later Reserve Bank(s) indicated below and at [email protected]: than May 3, 2021. the offices of the Board of Governors. 1. The Vanguard Group, Inc., A. Federal Reserve Bank of Chicago This information may also be obtained Malvern, Pennsylvania; on behalf of (Colette A. Fried, Assistant Vice on an expedited basis, upon request, by itself, its subsidiaries and affiliates, President) 230 South LaSalle Street, contacting the appropriate Federal including investment companies Chicago, Illinois 60690–1414: Reserve Bank and from the Board’s registered under the Investment 1. Suzanne Rooney, Hobe Sound, Freedom of Information Office at Company Act of 1940, other pooled Florida; Michael Rooney, Hinsdale, https://www.federalreserve.gov/foia/ investment vehicles, and institutional Illinois; and Therese Rooney, Hinsdale, request.htm. Interested persons may accounts that are sponsored, managed, Illinois; together with Phillip Rooney, express their views in writing on the or advised by Vanguard; to acquire Hobe Sound, Florida, previously standards enumerated in paragraph 7 of additional voting shares of Huntington approved, to form the Rooney Family the Act. Bancshares Incorporated, and thereby Control Group, a group acting in Comments regarding each of these indirectly acquire additional voting concert, to retain voting shares of FNBC applications must be received at the shares of Huntington National Bank, of LaGrange and thereby indirectly Reserve Bank indicated or the offices of both of Columbus, Ohio. retain voting shares of FNBC Bank and the Board of Governors, Ann E. Trust, both of LaGrange, Illinois. Misback, Secretary of the Board, 20th Board of Governors of the Federal Reserve System, April 14, 2021. 2. John R. Madden, as trustee of the Street and Constitution Avenue NW, Lenore Madden Marital Trust and the Washington, DC 20551–0001, not later Michele Taylor Fennell, John R. Madden Revocable Trust, all of than May 4, 2021. Deputy Associate Secretary of the Board. LaGrange, Illinois; Kiera Kelly, A. Federal Reserve Bank of Boston [FR Doc. 2021–08015 Filed 4–16–21; 8:45 am] Evanston, Illinois; and Mary Hayes, (Prabal Chakrabarti, Senior Vice BILLING CODE P

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4703 Sfmt 9990 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20371

DEPARTMENT OF HEALTH AND may lead to compensation and, for each copy to HRSA addressed to Director, HUMAN SERVICES condition, the time period for Division of Injury Compensation occurrence of the first symptom or Programs, Healthcare Systems Bureau, Health Resources and Services manifestation of onset or of significant 5600 Fishers Lane, 08N146B, Rockville, Administration aggravation after vaccine Maryland 20857. The Court’s caption administration. Compensation may also (Petitioner’s Name v. Secretary of HHS) National Vaccine Injury Compensation be awarded for conditions not listed in and the docket number assigned to the Program; List of Petitions Received the Table and for conditions that are petition should be used as the caption AGENCY: Health Resources and Services manifested outside the time periods for the written submission. Chapter 35 Administration (HRSA), Department of specified in the Table, but only if the of title 44, United States Code, related Health and Human Services (HHS). petitioner shows that the condition was to paperwork reduction, does not apply ACTION: Notice. caused by one of the listed vaccines. to information required for purposes of Section 2112(b)(2) of the PHS Act, 42 carrying out the Program. SUMMARY: HRSA is publishing this U.S.C. 300aa–12(b)(2), requires that notice of petitions received under the ‘‘[w]ithin 30 days after the Secretary Diana Espinosa, National Vaccine Injury Compensation receives service of any petition filed Acting Administrator. Program (the Program), as required by under section 2111 the Secretary shall List of Petitions Filed the Public Health Service (PHS) Act, as publish notice of such petition in the amended. While the Secretary of HHS is Federal Register.’’ Set forth below is a 1. Ronny Ball, Jamestown, Pennsylvania, list of petitions received by HRSA on Court of Federal Claims No: 21–1007V named as the respondent in all 2. Stacey Gooding, Washington, District of proceedings brought by the filing of March 1, 2021, through March 31, 2021. Columbia, Court of Federal Claims No: petitions for compensation under the This list provides the name of 21–1009V Program, the United States Court of petitioner, city and state of vaccination 3. Camille Nyboer, Baton Rouge, Louisiana, Federal Claims is charged by statute (if unknown then city and state of Court of Federal Claims No: 21–1010V with responsibility for considering and person or attorney filing claim), and 4. Currin M. Hamilton, Louisville, Kentucky, acting upon the petitions. case number. In cases where the Court Court of Federal Claims No: 21–1012V 5. Jessica Soileau Canning on behalf of N.S., FOR FURTHER INFORMATION CONTACT: For has redacted the name of a petitioner and/or the case number, the list reflects Phoenix, Arizona, Court of Federal information about requirements for Claims No: 21–1016V filing petitions, and the Program in such redaction. 6. M.K.S., Dubuque, Iowa, Court of Federal general, contact Lisa L. Reyes, Clerk of Section 2112(b)(2) also provides that Claims No: 21–1018V Court, United States Court of Federal the special master ‘‘shall afford all 7. Norma Perez, Zapata, Texas, Court of Claims, 717 Madison Place NW, interested persons an opportunity to Federal Claims No: 21–1022V Washington, DC 20005, (202) 357–6400. submit relevant, written information’’ 8. Sou Moua, Charlotte, North Carolina, relating to the following: Court of Federal Claims No: 21–1023V For information on HRSA’s role in the 9. Kim Gentry, Mountain Home, Tennessee, Program, contact the Director, National 1. The existence of evidence ‘‘that there is not a preponderance of the Court of Federal Claims No: 21–1024V Vaccine Injury Compensation Program, 10. Dawn Johnson, Washington, District of 5600 Fishers Lane, Room 08N146B, evidence that the illness, disability, injury, condition, or death described in Columbia, Court of Federal Claims No: Rockville, Maryland 20857; (301) 443– 21–1025V 6593, or visit our website at: http:// the petition is due to factors unrelated 11. Sam Masangcay, Washington, District of www.hrsa.gov/vaccinecompensation/ to the administration of the vaccine Columbia, Court of Federal Claims No: index.html. described in the petition,’’ and 21–1027V 2. Any allegation in a petition that the 12. Aaron Cook, Salem, Virginia, Court of SUPPLEMENTARY INFORMATION: The petitioner either: Federal Claims No: 21–1029V Program provides a system of no-fault a. ‘‘[S]ustained, or had significantly 13. Charles Hess, Manhattan, Kansas, Court compensation for certain individuals aggravated, any illness, disability, of Federal Claims No: 21–1031V who have been injured by specified injury, or condition not set forth in the 14. Nora Wyman, Washington, District of childhood vaccines. Subtitle 2 of Title Vaccine Injury Table but which was Columbia, Court of Federal Claims No: XXI of the PHS Act, 42 U.S.C. 300aa– 21–1032V caused by’’ one of the vaccines referred 15. Bridget Bailey, San Antonio, Texas, Court 10 et seq., provides that those seeking to in the Table, or of Federal Claims No: 21–1034V compensation are to file a petition with b. ‘‘[S]ustained, or had significantly 16. Tina Marie Moore, Newark, Ohio, Court the United States Court of Federal aggravated, any illness, disability, of Federal Claims No: 21–1038V Claims and to serve a copy of the injury, or condition set forth in the 17. Mary Cama, Washington, District of petition to the Secretary of HHS, who is Vaccine Injury Table the first symptom Columbia, Court of Federal Claims No: named as the respondent in each or manifestation of the onset or 21–1039V proceeding. The Secretary has delegated significant aggravation of which did not 18. Tara Nowakowski on behalf of A.N., this responsibility under the Program to occur within the time period set forth in Duluth, Georgia, Court of Federal Claims No: 21–1040V HRSA. The Court is directed by statute the Table but which was caused by a 19. Kenneth Fields, Somerset, Kentucky, to appoint special masters who take vaccine’’ referred to in the Table. Court of Federal Claims No: 21–1042V evidence, conduct hearings as In accordance with Section 20. Patricia Watkins, Houston, Texas, Court appropriate, and make initial decisions 2112(b)(2), all interested persons may of Federal Claims No: 21–1044V as to eligibility for, and amount of, submit written information relevant to 21. Naho Miyachi, Princeton, Minnesota, compensation. the issues described above in the case of Court of Federal Claims No: 21–1046V A petition may be filed with respect the petitions listed below. Any person 22. Aurea Maria Ortiz Viera, San Juan, Puerto to injuries, disabilities, illnesses, choosing to do so should file an original Rico, Court of Federal Claims No: 21– and three (3) copies of the information 1049V conditions, and deaths resulting from 23. Philip Wisniewski, Washington, District vaccines described in the Vaccine Injury with the Clerk of the United States of Columbia, Court of Federal Claims No: Table (the Table) set forth at 42 CFR Court of Federal Claims at the address 21–1052V 100.3. This Table lists for each covered listed above (under the heading FOR 24. Vanessa Baker, Bellingham, Washington, childhood vaccine the conditions that FURTHER INFORMATION CONTACT), with a Court of Federal Claims No: 21–1054V

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20372 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

25. Brett Cassese, Washington, District of 55. Andrea Jordan, Hillsboro, Oregon, Court SUMMARY: In compliance with of the Columbia, Court of Federal Claims No: of Federal Claims No: 21–1113V Paperwork Reduction Act of 1995, 21–1055V 56. Greta Sessoms, Virginia Beach, Virginia, HRSA has submitted an Information 26. Rachel Garcia, Boulder, Colorado, Court Court of Federal Claims No: 21–1120V Collection Request (ICR) to the Office of of Federal Claims No: 21–1056V 57. Ruth Williams, Washington, District of 27. Kayla Smith, Cheyenne, Wyoming, Court Columbia, Court of Federal Claims No: Management and Budget (OMB) for of Federal Claims No: 21–1059V 21–1121V review and approval. Comments 28. Elaine Letizia, Hilton Head, South 58. Paulette Penzvalto, Washington, District submitted during the first public review Carolina, Court of Federal Claims No: of Columbia, Court of Federal Claims No: of this ICR will be provided to OMB. 21–1062V 21–1122V OMB will accept further comments from 29. Deborah Gross, Washington, District of 59. Rebecca Hawes, Nitro, West Virginia, the public during the review and Columbia, Court of Federal Claims No: Court of Federal Claims No: 21–1124V approval period. OMB may act on 21–1063V 60. Jennifer Puckett, Montgomery, Alabama, HRSA’s ICR only after the 30 day 30. Marna Brickman, Washington, District of Court of Federal Claims No: 21–1125V comment period for this notice has Columbia, Court of Federal Claims No: 61. Sheryl Young, Washington, District of 21–1066V Columbia, Court of Federal Claims No: closed. 31. Katherine Murphy, Salt Lake City, Utah, 21–1126V DATES: Comments on this ICR should be Court of Federal Claims No: 21–1069V 62. Harold Sykes, Washington, District of received no later than May 19, 2021. Columbia, Court of Federal Claims No: 32. Tori Jonet, Luxemburg, Wisconsin, Court ADDRESSES: Written comments and of Federal Claims No: 21–1071V 21–1127V 33. Leah Carter, Washington, District of 63. Sharon Dunn, Washington, District of recommendations for the proposed Columbia, Court of Federal Claims No: Columbia, Court of Federal Claims No: information collection should be sent 21–1077V 21–1128V within 30 days of publication of this 34. Ethel M. Britt on behalf of Estate of James 64. Matthew Caruso on behalf of L.C., notice to www.reginfo.gov/public/do/ E. Britt, Murfreesboro, Tennessee, Court Hollidaysburg, Pennsylvania, Court of PRAMain. Find this particular of Federal Claims No: 21–1078V Federal Claims No: 21–1131V information collection by selecting 35. Adrienne Falzon on behalf of Estate of 65. Donald Holmberg, Erie, Pennsylvania, ‘‘Currently under Review—Open for Paul Giaccio, Deceased, Atlanta, Georgia, Court of Federal Claims No: 21–1132V Public Comments’’ or by using the 66. Roman Gelevan, Bronx, New York, Court Court of Federal Claims No: 21–1082V search function. 36. Elizabeth Fordahl, Bismarck, North of Federal Claims No: 21–1133V Dakota, Court of Federal Claims No: 21– 67. Jimmy Zavala, Boscobel, Wisconsin, FOR FURTHER INFORMATION CONTACT: To 1086V Court of Federal Claims No: 21–1134V request a copy of the clearance requests 37. Hogla Prado, Beaverton, Oregon, Court of 68. Taylor Wickline, Phoenix, Arizona, Court submitted to OMB for review, email Lisa Federal Claims No: 21–1087V of Federal Claims No: 21–1135V Wright-Solomon, the HRSA Information 38. Lisa Myers, Winston-Salem, North 69. Michael Wakileh, Costa Mesa, California, Collection Clearance Officer at Carolina, Court of Federal Claims No: Court of Federal Claims No: 21–1136V [email protected] or call (301) 443– 70. Barbara McNair, New Lenox, Illinois, 21–1088V 1984. 39. Brandi Rose Wilson, Lenexa, Kansas, Court of Federal Claims No: 21–1139V Court of Federal Claims No: 21–1090V 71. Kerrie Burkett, Phoenix, Arizona, Court of SUPPLEMENTARY INFORMATION: 40. Antonio Jackson, Black River Falls, Federal Claims No: 21–1140V Information Collection Request Title: Wisconsin, Court of Federal Claims No: 72. Ngoc H. Lam, Greenville, South Carolina, The Maternal, Infant, and Early 21–1091V Court of Federal Claims No: 21–1141V Childhood Home Visiting Program 41. Sungjin Choi, Prospect Heights, Illinois, 73. Donald Olson, Seattle, Washington, Court Performance Measurement Information Court of Federal Claims No: 21–1092V of Federal Claims No: 21–1142V System, OMB NO. 0906–0017, Revision. 42. Jennifer Counceller, Connersville, 74. Ashton Schultz, Englewood, New Jersey, Abstract: This clearance request is for Indiana, Court of Federal Claims No: 21– Court of Federal Claims No: 21–1144V 75. Kotana Cromartie, Washington, District of continued approval of the Maternal, 1093V Infant, and Early Childhood Home 43. Shawntel Denmark, Washington, District Columbia, Court of Federal Claims No: 21–1145V Visiting (MIECHV) Program of Columbia, Court of Federal Claims No: Performance Measurement Information 21–1094V 76. Jennifer Soileau, Englewood, New Jersey, 44. Abram Gamino, Washington, District of Court of Federal Claims No: 21–1146V System, as updated. The MIECHV Columbia, Court of Federal Claims No: [FR Doc. 2021–07970 Filed 4–16–21; 8:45 am] Program, administered by HRSA in 21–1096V BILLING CODE 4165–15–P partnership with the Administration for 45. Rachel Page, Washington, District of Children and Families, supports Columbia, Court of Federal Claims No: voluntary, evidence-based home visiting 21–1097V DEPARTMENT OF HEALTH AND services to pregnant women and to 46. Arianna Reddicks, Phoenix, Arizona, HUMAN SERVICES parents with young children up to Court of Federal Claims No: 21–1099V kindergarten entry. States, certain non- 47. Italo A. Miceli, Rocky Hill, Connecticut, Health Resources and Services profit organizations, and tribal entities Court of Federal Claims No: 21–1100V Administration 48. Alice Henningsen, Wichita, Kansas, Court are eligible to receive funding from the MIECHV Program and have the of Federal Claims No: 21–1101V Agency Information Collection 49. Randall Schutz, Chicago, Illinois, Court of flexibility to tailor the program to serve Federal Claims No: 21–1103V Activities: Submission to OMB for the specific needs of their communities. 50. Camille Dumentat, Severna Park, Review and Approval; Public Comment A 60-day notice published in the Maryland, Court of Federal Claims No: Request; The Maternal, Infant, and Federal Register on December 18, 2020, 21–1104V Early Childhood Home Visiting vol. 85, No. 244; pp. 82490–91. There 51. Melanie Muhlstock and Todd Muhlstock Program Performance Measurement were 24 public comments. on behalf of A.M., Phoenix, Arizona, Information System, OMB No. 0906– These comments provided Court of Federal Claims No: 21–1106V 0017, Revision suggestions to improve clarity, protect 52. Stephen Ziegler, Lincoln, Nebraska, Court of Federal Claims No: 21–1109V AGENCY: Health Resources and Services privacy, and reduce reporting burden 53. Bernetta Polley, Mankato, Minnesota, Administration (HRSA), Department of related to information complexity in Court of Federal Claims No: 21–1111V Health and Human Services. Form 1. Comments also suggested ways to enhance the quality, utility, and 54. Carol Lloyd, Sicklerville, New Jersey, ACTION: Notice. Court of Federal Claims No: 21–1112V clarity of existing guidance in Form 2

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20373

and suggested that the implementation • Form 1, Tables 4, 9, 10, and 18: requirements. It will also be used to of two newly proposed measures related Update tables to include reporting for monitor and provide continued to substance use screening and referrals new and continuing adult participants. oversight for awardee performance and would require updates to training • Form 1, Tables 5, 19, and 20: to target technical assistance resources activities and data collection. Update tables to include reporting for to awardees. In the future, HRSA HRSA appreciates these comments new and continuing index children. anticipates that MIECHV funding and recommended revisions to the • Form 2, Measure 13: Change decisions may be allocated, in part, information collection. HRSA has measure name to ‘‘Behavioral Concern based on awardee performance, responded to the recommended Inquiries.’’ including on benchmark performance revisions by revising certain • Form 2, Measure 16: Update areas. This notice is subject to the demographic categories, removing a measure to reflect caregiver health appropriation of funds, and is a proposed table on father and caregiver insurance coverage status. contingency action taken to ensure that, engagement, making the reporting of • Form 2, Measures 17, 18, and 19: should funds become available for this proposed measures on substance use Update missing data guidance. purpose, information can be collected in screening and referrals optional, and • Form 2: Inclusion of two optional a timely manner. increasing the estimated burden on measures to collect information on Likely Respondents: MIECHV Program respondents due to the inclusion of two subtance use screening and referrals. awardees that are states, territories, and, new optional measures (Form 2) for Need and Proposed Use of the where applicable, nonprofit substance use and referral that are being Information: HRSA uses performance organizations providing home visiting introduced through this revision. HRSA information to demonstrate program services within states. intends for the following proposed accountability and continuously Burden Statement: Burden in this revisions to the data collection for the monitor and provide oversight to context means the time expended by MIECHV Program to further improve MIECHV Program awardees. The persons to generate, maintain, retain, clarity, protect privacy, and address information is also used to provide disclose, or provide the information increased reporting burden: quality improvement guidance and requested. This includes the time • Form 1, Table 1: Update table to technical assistance to awardees and needed to review instructions; to include reporting for gender non-binary help inform the development of early develop, acquire, install, and utilize participants and unknown/did not childhood systems at the national, state, technology and systems for the purpose report participant gender. and local level. HRSA is seeking to of collecting, validating, and verifying • Form 1, Tables 3, 5, 6, 7, 18, 19, and revise and extend demographic, service information, processing and 20: Update tables to remove index child utilization, and select clinical indicators maintaining information, and disclosing gender reporting. for participants enrolled in home and providing information; to train • Form 1, Tables 3, 4, 6, 7, 8, 9, 10, visiting services. In addition, HRSA will personnel and to be able to respond to 11, and 18: Update tables to remove collect a set of standardized a collection of information; to search adult participant gender reporting. performance and outcome indicators data sources; to complete and review • Form 1, Table 15: Change table title that correspond with the statutorily the collection of information; and to to ‘‘Home Visits.’’ identified benchmark areas. transmit or otherwise disclose the • Form 1, Table 15: Update table to This information will be used to information. The total annual burden collect the number of home visits demonstrate awardees’ compliance with hours estimated for this ICR are completed virtually. legislative and programmatic summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

Form 1: Demographic, Service Utilization, and Select Clin- ical Indicators ...... 56 1 56 440 24,640 Form 2: Performance Indicators and Systems Outcome Measures ...... 56 1 56 360 20,160

Total ...... 56 ...... 56 ...... 44,800

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4703 Sfmt 9990 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20374 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

HRSA specifically requests comments regarding the burden estimate below or of the solid organ and blood stem cell on (1) the necessity and utility of the any other aspect of the ICR. transplant systems and initiatives to proposed information collection for the DATES: Comments on this ICR should be increase organ donor registration and proper performance of the agency’s received no later than June 18, 2021. donation in the United States. This functions, (2) the accuracy of the ADDRESSES: Submit your comments to survey is the primary method by which estimated burden, (3) ways to enhance [email protected] or mail the HRSA HRSA can obtain information from the quality, utility, and clarity of the Information Collection Clearance Americans about organ donation information to be collected, and (4) the Officer, 14N136B, 5600 Fishers Lane, attitudes and beliefs. OMB previously use of automated collection techniques Rockville, MD 20857. approved this survey and HRSA fielded or other forms of information FOR FURTHER INFORMATION CONTACT: To it during 2005, 2012, and 2019. Results technology to minimize the information request more information on the of the data collected from this survey collection burden. proposed project or to obtain a copy of will help develop appropriate messages Maria G. Button, the data collection plans and draft for future public outreach and educational initiatives to increase Director, Executive Secretariat. instruments, email [email protected] or call Lisa Wright-Solomon, the HRSA awareness about organ donation and [FR Doc. 2021–07971 Filed 4–16–21; 8:45 am] Information Collection Clearance Officer ultimately the number of registered BILLING CODE P at (301) 443–1984. donors. SUPPLEMENTARY INFORMATION: When Likely Respondents: A nationally DEPARTMENT OF HEALTH AND submitting comments or requesting representative sample of adults over the HUMAN SERVICES information, please include the age of 18 with a higher number of information request collection title for responses from populations of interest Health Resources and Services reference. such as racial-ethnic minorities, Administration Information Collection Request Title: including African American, Asian, National Survey of Organ Donation Native American, and Hispanic Agency Information Collection Attitudes and Practices, OMB No. 0915– respondents, as well as respondents of Activities: Proposed Collection: Public 0290—Extension. all age groups and education levels. Comment Request; Information Abstract: HRSA is requesting Burden Statement: Burden in this Collection Request Title: National approval by OMB for a revision of a context means the time expended by Survey of Organ Donation Attitudes previously approved collection of persons to generate, maintain, retain, and Practices, OMB No. 0915–0290— information (OMB control number disclose, or provide the information Extension 0915–0290). The National Survey of Organ Donation Attitudes and Practices requested. This includes the time needed to review instructions; to AGENCY: Health Resources and Services (NSODAP) is conducted approximately Administration (HRSA), Department of every 6–7 years and serves a critical role develop, acquire, install, and utilize Health and Human Services. in providing HRSA and the donation technology and systems for collecting, community with data regarding why validating, verifying, processing and ACTION: Notice. Americans choose to donate organs, maintaining information, and disclosing current barriers to donation, and and providing information; to train SUMMARY: In compliance with the possible paths to increasing donations. personnel and be able to respond to a Paperwork Reduction Act of 1995, Survey data and derived analytic collection of information; to search data HRSA announces plans to submit an insights help HRSA develop and target sources; to complete and review the Information Collection Request (ICR), appropriate messages for public collection of information, and to described below, to the Office of outreach and educational initiatives. transmit or otherwise disclose the Management and Budget (OMB). Prior Need and Proposed Use of the information. A summary of the total to submitting the ICR to OMB, HRSA Information: HRSA is the primary annual burden hours estimated for this seeks comments from the public federal entity responsible for oversight ICR is in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

NSODAP Revised Survey—Telephone ...... 2,000 1 2,000 0.37 740 NSODAP Revised Survey—Online Panel ...... 8,000 1 8,000 0.27 2,160

Total ...... 10,000 ...... 10,000 ...... 2,900

HRSA specifically requests comments or other forms of information DEPARTMENT OF HEALTH AND on (1) the necessity and utility of the technology to minimize the information HUMAN SERVICES proposed information collection for the collection burden. proper performance of the agency’s Meeting of the COVID–19 Health Equity Maria G. Button, functions; (2) the accuracy of the Task Force Director, Executive Secretariat. estimated burden; (3) ways to enhance AGENCY: Office of the Assistant [FR Doc. 2021–07996 Filed 4–16–21; 8:45 am] the quality, utility, and clarity of the Secretary for Health, Office of the information to be collected; and (4) the BILLING CODE 4165–15–P Secretary, Department of Health and use of automated collection techniques Human Services.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20375

ACTION: Notice of meeting. during the meeting. To pre-register, Contact Person: Svetlana Kotliarova, Ph.D., please send an email to Scientific Review Officer, Center for SUMMARY: As required by the Federal [email protected] and include Scientific Review, National Institutes of Advisory Committee Act, the U.S. your name, title, and organization by Health, 6701 Rockledge Drive, Room 6214, Department of Health and Human close of business on Friday, April 23, Bethesda, MD 20892, 301–594–7945, [email protected]. Services (HHS) is hereby giving notice 2021. Comments will be limited to no that the COVID–19 Health Equity Task more than three minutes per speaker Name of Committee: Oncology 2— Force (Task Force) will hold a virtual Translational Clinical Integrated Review and should be pertinent to the meeting Group; Cancer Prevention Study Section. meeting on April 30, 2021. The purpose discussion. Individuals are encouraged of this meeting is to consider interim Date: June 17–18, 2021. to provide a written statement of any Time: 9:30 a.m. to 6:00 p.m. recommendations specific to mental and public comment(s) for accurate minute- Agenda: To review and evaluate grant behavioral health across the life course. taking purposes. If you decide you applications. This meeting is open to the public and would like to provide public comment Place: National Institutes of Health, will be live-streamed at www.hhs.gov/ but do not pre-register, you may submit Rockledge II, 6701 Rockledge Drive, live. Information about the meeting will your written statement by emailing Bethesda, MD 20892 (Virtual Meeting). be posted on the HHS Office of Minority [email protected] no later than Contact Person: Svetlana Kotliarova, Ph.D., Health website: close of business on Thursday, May 6, Scientific Review Officer, Center for Scientific Review, National Institutes of www.minorityhealth.hhs.gov/ 2021. Individuals who plan to attend healthequitytaskforce/ prior to the Health, 6701 Rockledge Drive, Room 6214, and need special assistance, such as Bethesda, MD 20892, 301–594–7945, meeting. sign language interpretation or other [email protected]. DATES: The Task Force meeting will be reasonable accommodations, should (Catalogue of Federal Domestic Assistance held on Friday, April 30, 2021, from 2 contact: [email protected] and Program Nos. 93.306, Comparative Medicine; p.m. to approximately 6 p.m. ET (date reference this meeting. Requests for 93.333, Clinical Research, 93.306, 93.333, and time are tentative and subject to special accommodations should be 93.337, 93.393–93.396, 93.837–93.844, change). The confirmed time and made at least 10 business days prior to 93.846–93.878, 93.892, 93.893, National agenda will be posted on the COVID–19 the meeting. Institutes of Health, HHS) Health Equity Task Force web page: Dated: April 5, 2021. Dated: April 14, 2021. www.minorityhealth.hhs.gov/ Minh Wendt, Ronald J. Livingston, Jr., healthequitytaskforce/ when this Designated Federal Officer, COVID–19 Health Program Analyst, Office of Federal Advisory information becomes available. Equity Task Force. Committee Policy. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2021–08002 Filed 4–16–21; 8:45 am] [FR Doc. 2021–07981 Filed 4–16–21; 8:45 am] Minh Wendt, Designated Federal Officer BILLING CODE 4150–29–P BILLING CODE 4140–01–P for the Task Force; Office of Minority Health, Department of Health and Human Services, Tower Building, 1101 DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Wootton Parkway, Suite 100, Rockville, HUMAN SERVICES HUMAN SERVICES Maryland 20852. Phone: 240–453–6160; email: [email protected]. National Institutes of Health Substance Abuse and Mental Health Services Administration SUPPLEMENTARY INFORMATION: Center for Scientific Review; Notice of Background: The COVID–19 Health Closed Meetings Advisory Committee for Women’s Equity Task Force (Task Force) was Services (ACWS); Notice of Meeting established by Executive Order 13995, Pursuant to section 10(d) of the dated January 21, 2021. The Task Force Federal Advisory Committee Act, as Pursuant to Public Law 92–463, is tasked with providing specific amended, notice is hereby given of the notice is hereby given of a meeting of recommendations to the President, following meetings. the Substance Abuse and Mental Health through the Coordinator of the COVID– The meetings will be closed to the Services Administration’s (SAMHSA) 19 Response and Counselor to the public in accordance with the Advisory Committee for Women’s President (COVID–19 Response provisions set forth in sections Services (ACWS) on May 5, 2021. Coordinator), for mitigating the health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The meeting will include discussions inequities caused or exacerbated by the as amended. The grant applications and on assessing SAMHSA’s current COVID–19 pandemic and for preventing the discussions could disclose strategies, including the mental health such inequities in the future. The Task confidential trade secrets or commercial and substance use needs of the women Force shall submit a final report to the property such as patentable material, and girls population. Additionally, the COVID–19 Response Coordinator and personal information concerning ACWS will be addressing priorities addressing any ongoing health individuals associated with the grant regarding the impact of COVID–19 on inequities faced by COVID–19 survivors applications, the disclosure of which the behavioral health needs of women that may merit a public health response, would constitute a clearly unwarranted and children and directions around describing the factors that contributed to invasion of personal privacy. behavioral health services and access for disparities in COVID–19 outcomes, and Name of Committee: Center for Scientific women and children. recommending actions to combat such Review Special Emphasis Panel; NIH The meeting is open to the public and disparities in future pandemic Research Enhancement Award (R15) in will be held virtually. Interested persons responses. Oncological Sciences. may present data, information, or views, The meeting is open to the public and Date: May 26, 2021. orally or in writing, on issues pending will be live-streamed at www.hhs.gov/ Time: 9:00 a.m. to 6:00 p.m. before the committee. Written Agenda: To review and evaluate grant live. No registration is required. A applications. submissions should be forwarded to the public comment session will be held Place: National Institutes of Health, contact person by April 30, 2021. Oral during the meeting. Pre-registration is Rockledge II, 6701 Rockledge Drive, presentations from the public will be required to provide public comment Bethesda, MD 20892 (Virtual Meeting). scheduled at the conclusion of the

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20376 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

meeting. Individuals interested in announces its intent to prepare a CEQ Council on Environmental Quality making oral presentations are Programmatic Environmental Impact CFR Code of Federal Regulations encouraged to notify the contact person Statement (PEIS) for the Waterways DHS Department of Homeland Security on or before April 30, 2021. Five Commerce Cutter (WCC) Program’s EIS Environmental Impact Statement acquisition and operation of up to 30 ESA Endangered Species Act minutes will be allotted for each FR Federal Register presentation. WCCs. The Coast Guard has determined GoMEX Gulf of Mexico The meeting may be accessed via that a PEIS is the most appropriate type ICW Intracoastal Waterway telephone or web meeting. To obtain the of National Environmental Policy Act IW&WR Inland Waterways and Western call-in number and access code, submit document for this action because of the Rivers written or brief oral comments, or scope and complexity of the proposed MBTA Migratory Bird Treaty Act request special accommodations for acquisition and operation of up to 30 MMPA Marine Mammal Protection Act persons with disabilities, please register WCCs. Notice is hereby given that the NEPA National Environmental Policy Act on-line at http:// public scoping process has begun for the nm nautical miles PEIS Programmatic Environmental Impact snacregister.samhsa.gov/ preparation of a PEIS that will address the reasonable alternatives and potential Statement MeetingList.aspx, or communicate with PNW Pacific Northwest SAMHSA’s Designated Federal Officer, environmental impacts associated with SEAK Southeast Alaska Ms. Valerie Kolick. implementing the Proposed Action. The U.S.C. United States Code Substantive meeting information and scoping process solicits public WCC Waterways Commerce Cutter a roster of ACWS members may be comments regarding the range of issues, WLI WCC inland buoy tenders obtained either by accessing the information, and analyses relevant to WLIC WCC inland construction tenders SAMHSA Committees’ Web https:// the Proposed Action, including WLR WCC river buoy tenders www.samhsa.gov/about-us/advisory- potential environmental impacts and USEC-MidATL U.S. East Coast Mid- reasonable alternatives to address in the Atlantic councils/meetings, or by contacting Ms. USEC-South U.S. East Coast-South Kolick. PEIS. Your comments may cause a Committee Name: Substance Abuse change in the scope of the PEIS. Purpose and Need for the Proposed and Mental Health Services DATES: Comments and related material Action Administration, Advisory Committee for must be received by the Coast Guard on The Coast Guard has a statutory Women’s Services (ACWS). or before June 11th, 2021. mission to establish, maintain, and Date/Time/Type: Wednesday, May 5, ADDRESSES: You may submit comments operate aids to navigation (ATON) in 2021, from: 1:00 p.m. to 4:30 p.m. EDT identified by docket number USCG– the Inland Waterways and Western (OPEN). 2021–0191 using the Federal Decision- Rivers (IW&WR). The IW&WR includes Place: SAMHSA, 5600 Fishers Lane, Making Portal at https:// the Gulf and Atlantic Intracoastal Rockville, MD 20857 (Virtual). www.regulations.gov. See the ‘‘Public Waterway (ICW); the Mississippi, Contact: Valerie Kolick, Designated Participation’’ portion of the Missouri, Alabama, Tennessee, Federal Officer, SAMHSA’s Advisory SUPPLEMENTARY INFORMATION section for Columbia, and Ohio Rivers, their Committee for Women’s Services, 5600 further instructions on submitting associated tributaries and other Fishers Lane, Rockville, MD 20857, comments. connecting waterways; portions of the Telephone: (240) 276–1738, Email: FOR FURTHER INFORMATION CONTACT: For Alaska Inside Passage; portions of the [email protected]. information about this document, email Great Lakes; and several other navigable Dated: April 14, 2021. HQS-SMB-CG-WaterwaysCommerce waterways around the United States. Carlos Castillo, [email protected]. The 35 cutters and associated 27 barges CAPT, USPHS, Committee Management SUPPLEMENTARY INFORMATION: This that comprise the current inland tender Officer, Substance Abuse and Mental Health, Notice of Intent briefly summarizes the fleet servicing the IW&WR are, on Services Administration. proposed project, including the purpose average, more than 54 years old and all [FR Doc. 2021–07994 Filed 4–16–21; 8:45 am] and need and possible alternatives. As have significantly exceeded their design BILLING CODE 4162–20–P required by the National Environmental service life of 30 years. There is no Policy Act of 1969 (NEPA) and Council redundant vessel capability within the on Environmental Quality (CEQ) Coast Guard, Department of Homeland DEPARTMENT OF HOMELAND implementing regulations (40 CFR Security (DHS), or other government SECURITY 1502.3), a Federal agency must prepare agencies. Without replacement of the an Environmental Impact Statement current inland tender fleet, the Coast Coast Guard (EIS) if it is proposing a major Federal Guard could face an increasing risk of failure to maintain the capability to [Docket Number USCG–2021–0191] action to analyze the environmental consequences of implementing each of execute its ATON mission and provide Waterways Commerce Cutter the alternatives, if carried forward for timely ATON services in the IW&WR Acquisition Program; Preparation of a full review following public scoping, by and other navigable waters around the Programmatic Environmental Impact assessing the effects of each alternative United States. Statement on the human environment. The Coast Due to obsolescence, hull limitations, Guard has determined that a PEIS is the and asset age, service life extension and AGENCY: Coast Guard, DHS. most appropriate type of EIS for this modernization efforts are increasingly ACTION: Notice of intent to prepare a action because of the scope and difficult, expensive to maintain, and Programmatic Environmental Impact complexity of the proposed acquisition cannot be justified. To maintain the Statement (PEIS); notice of virtual and operation of up to 30 WCCs. Coast Guard’s vital inland waterways public meeting; and request for mission and continue to provide a comments. Abbreviations consistent and reliable presence in the ATON Aids to Navigation IW&WR, the Coast Guard is proposing to SUMMARY: The United States Coast AUTEC Atlantic Undersea Test and replace the current aging tender fleet. Guard (Coast Guard), as the lead agency, Evaluation Center WCCs would be designed to replace the

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20377

capabilities of the existing inland fleet; Tennessee, Tombigbee River in Alabama in 2023 and the cutter would then be therefore, the purpose of the Proposed and Mississippi; the Mississippi River operational in 2024. The last WCC is Action is the acquisition and operation in Louisiana, Mississippi, and Arkansas; expected to be delivered and of up to 30 WCCs to replace the and the Ouachita River in Louisiana and operational in 2030. capabilities of the current inland tender Arkansas. The Proposed Action would include fleet, thereby enabling the safe (5) The Pacific Northwest (PNW) WCC operation, maintenance, and navigation of waters that support the proposed action area includes state and decommissioning of up to 11 WCC nation’s economy through maritime territorial waters extending 12 nm (19 construction class (WCC WLIC) tenders commerce throughout the Marine km) from southern Washington State to to replace the current capabilities of 13 Transportation System. northern Oregon where they border each inland construction tenders (WLIC); up other along the Columbia River. The to 16 WCC River Buoy class (WCC WLR) Preliminary Proposed Action and proposed action area includes the tenders to replace the capabilities of the Alternatives Columbia River from the mouth at the river buoy tenders (WLR); and up to Coast Guard has identified a proposed Pacific Ocean to where it joins the three Inland Buoy class (WCC WLI) action and preliminary alternatives for Snake River and ends at the border of tenders to replace the capabilities of the potential consideration in the draft EIS. Washington and Idaho and also inland buoy tenders (WLI). Although Both a no-action and several includes a northern segment of the there are three classes proposed and preliminary action alternatives are Willamette River that joins with and the design specifications are not final, the presented for consideration for public Columbia River in Oregon. The Pacific design would maximize commonality review and comment. Six proposed Ocean is not a part of the PNW between the three classes to reduce action areas that the WCCs would proposed action area. sustainment costs, training needs, and support have been identified. (6) The Southeast Alaska (SEAK) other associated requirements (1) The U.S. East Coast Mid-Atlantic proposed action areas includes state and The WCC WLIC would be specifically (USEC-MidATL) proposed action area territorial waters extending 12 nm (19 designed for establishing and replacing includes state and territorial waters km) from Baranof and Prince of Wales fixed ATON and would be equipped extending 12 nautical miles (nm; 19 Islands and consists primarily of a with impact and vibratory pile driving kilometers [km]) from New Jersey portion of the inside passage from and extraction equipment and spuds. (where it borders with New York) to the Juneau south to Revillagigedo Island. The WCC WLR an WCC WLI would border of North Carolina (where it This proposed action area includes only have capability to deploy and retrieve borders with South Carolina) and also coastal passages of the Pacific Ocean. buoy mooring equipment from the extends into certain inland waterways. seabed or riverbed using a water jet Alternative 1: Replacement of Up to 30 (2) The U.S. East Coast-South (USEC- system would also be equipped to move WCCs South), including Florida and the buoys, and move and recover sinkers, Bahamas proposed action area includes Under Alternative 1, the Coast Guard chain, wire rope, synthetic rope, and state and territorial waters extending 12 would acquire and operate up to 30 other materials without a crane. nm (19 km) from South Carolina (where WCCs with planned design lives of 30 All WCCs would have the ability to it borders with North Carolina) to years each to fulfill mission tow one vessel (of equivalent Florida (where it borders with Alabama) requirements in the proposed action displacement) in either a side tow or and extends to the Florida Keys and Dry areas in IW&WR, portions of the Alaska stern tow. Each WCC would also have Tortugas off the southwest coast of Inside Passage; portions of the Great the capability to be towed by the bow, Florida. This proposed action area also Lakes, and several other navigable pushed ahead from the stern, and towed includes inland waterways, such as the waterways around the United States. alongside from either port or starboard. St John’s River and the Caloosahatchee Similar to the current fleet’s Vessels would be towed according to River and the Department of Defense- operations, the Alternative 1 would specifications in the Cutter Towing owned ATON near the Atlantic include vessel operations to establish, Operations Tactics, Techniques, and Undersea Test and Evaluation Center operate, and maintain the lighted and Procedures (CGTTP 3–91.15 issued (AUTEC) in the Bahamas. unlighted buoys and beacons to March 2017). All WCCs would also (3) The Great Lakes proposed action maintain the United States Visual recover stray, stranded, and scrap area includes waters off northern ATON System. This mission contributes buoys. Michigan to the border between the to protecting national interests by Vessel performance testing for a WCC United States and Canada. This ensuring safe and efficient flow of would be similar to testing conducted proposed action area includes the commercial vessel traffic through our for the current inland tender fleet. northern portion of Lake Michigan nation’s waters. Although it is expected Scheduled maintenance would likely extending into St. Mary’s River, that the WCCs, similar to the current occur within close proximity to each Munuscong Lake, and Lake Nicolet. Of inland tender fleet, would be capable of WCC’s homeport; however, the exact note, no oceanic waters are part of the performing non-ATON missions such as locations of all the homeports for all Great Lakes proposed action area. Ports, Waterways and Coastal Security; WCCs are not known at this time. (4) The Gulf of Mexico and U.S. Search and Rescue; Marine Inland States, including the Mississippi Environmental Protection; and Marine Alternative 2, Reduced Acquisition of River and its Tributaries, (GoMEX and Safety, their primary focus would be on Coast Guard Owned and Operated Mississippi River) proposed action area the ATON mission. Systems includes state and territorial waters Full operational capability would be The Coast Guard would explore extending 12 nm (19 km) from Alabama achieved when all planned WCCs have hybrid government and contracted (where it borders with Florida) to Texas been produced and are operational. options for mission performance. Ship (where it borders with Mexico). This Coast Guard WCC operations and platforms would meet similar technical proposed action area also includes training would occur after delivery of specifications discussed in Alternative inland waterways and their tributaries each WCC from the shipbuilder to the 1. Potential scenarios could include: along the Ohio and Tennessee Rivers, Coast Guard. For example, the first WCC Contractor-owned (commercial entity the Cumberland River in Kentucky and delivery to the Coast Guard is expected funds ship construction, overhaul and

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20378 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

maintenance) and government-operated physical stressors include: Vessel quantity of Essential Fish Habitat within (Coast Guard provides the personnel); movement, bottom disturbance, ground the Coast Guard’s proposed action areas. government-owned (government funds disturbance (removal of brush), pile Anticipated Permits and Authorizations ship construction, overhaul and driving, debris, and ATON retrieval maintenance) and contractor-operated (a devices and tow lines. The Coastal Zone Management Act commercial operating company Since the WCC fleet would service a (16 U.S.C 1451 et seq.) was enacted to provides the crew); or contractor-owned broad geographic area, stressors protect the coastal environment from and contractor-operated systems (Coast associated with the Proposed Action demands associated with residential, Guard provides neither platforms or may potentially impact physical recreational, and commercial uses. The personnel). resources (including air quality, ambient Coast Guard would determine the sound, bottom habitat and sediments, impact of the Proposed Action and Alternative 3, Mixed Fleet and water quality), biological resources provide a Coastal Consistency The mixed fleet solution would be a (including critical habitat), and Determination or Negative combination of cutters and shore-based socioeconomic resources. The PEIS Determination to the appropriate state assets (including ATON team units), evaluates the likelihood that a resource agency for anticipated concurrence once electronic ATON, and contracted ATON would be exposed to or encounter a the homeports are selected for the services. To accomplish a mixed fleet stressor and identifies the impact WCCs. solution, additional Coast Guard ATON associated with that exposure or The ESA of 1973 (16 U.S.C 1531 et personnel and teams would be required. encounter. The likelihood of an seq.) provides for the conservation of To accommodate the additional ATON exposure or encounter is based on the endangered and threatened species and teams, existing facilities would require stressor, location, and timing relative to the ecosystems on which they depend. expansion and construction of new the spatial and temporal distribution The Coast Guard anticipates consulting shore based facilities could be each biological resource or critical under Section 7 of the ESA with the necessary. Use of electronic ATON habitat. services, the National Marine Fisheries instead of physical ATON could also Under the Proposed Action, the Service and the U.S. Fish and Wildlife prove necessary. depth-sounder, navigation system, Service, that have jurisdiction over the vessel noise, ATON signal noise, tool species (50 CFR 402.14(a)). No Action Alternative noise, pile driving noise, vessel The Marine Mammal Protection Act The evaluation of a No Action movement, anchoring, spud placement, (MMPA; 16 U.S.C 1361 et seq.) Alternative is required by the debris, ATON retrieval devices and tow established, with limited exceptions, a regulations implementing NEPA. Under lines, and pile driving associated with moratorium on the ‘‘taking’’ of marine the No Action Alternative, the Coast the Proposed Action are not expected to mammals in waters or on lands under Guard would fulfill its statutory result in significant impact to the U.S. jurisdiction, and on the High Seas missions in the IW&WR using the following resources: Air quality, by vessels or persons under U.S. existing inland tender fleet. The existing ambient sound, bottom habitat and jurisdiction. The MMPA further assets would continue to age, causing a sediments, water quality, amphibians, regulates ‘‘takes’’ of marine mammals in decrease in efficiency, increasing aquatic and terrestrial vegetation, birds, U.S. waters and by U.S. citizens on the operational costs, and increasing risk of invertebrates, insects, fish, Essential High Seas. The term ‘‘take,’’ as defined equipment failure or damage due to Fish Habitat, reptiles, terrestrial and in Section 3 (16 U.S.C. 1362) of the significant systems and parts no longer marine mammals, commercial fishing, MMPA, means ‘‘to harass, hunt, capture, being available. marine construction, mineral extraction, or kill, or attempt to harass, hunt, oil and gas extraction, recreation and capture, or kill any marine mammal’’. Summary of Expected Impacts tourism, renewable energy, research, ‘‘Harassment’’ was further defined in While the Coast Guard must work transportation and shipping, and the 1994 amendments to the MMPA as toward environmental compliance subsistence fishing and hunting. The any act of pursuit, torment, or during the design and acquisition of Proposed Action may affect, but is not annoyance which (i) has the potential to WCCs, each vessel is not expected to likely to adversely affect, any injure a marine mammal or marine impact the environment (biological, Endangered Species Act (ESA)-listed mammal stock in the wild (that is, Level physical, or socioeconomic resources) amphibians, aquatic and terrestrial A Harassment); or (ii) has the potential until it is operational. In addition, vegetation, birds, invertebrates, insects, to disturb a marine mammal or marine vessel construction in commercial fish, reptiles, and terrestrial and marine mammal stock in the wild by causing shipyards is not expected to impact any mammals. disruption of behavioral patterns, physical or biological resources. The Proposed Action is not expected including, but not limited to, migration, The three action alternatives being to result in the destruction or adverse breathing, nursing, breeding, feeding, or considered would all reduce the size of modification of federally-designated sheltering (that is, Level B Harassment). the overall fleet. As such, the PEIS critical habitat that may be found in any Where appropriate, the Coast Guard analyzes the potential impact of the of the proposed action areas. Pursuant anticipates requesting a Letter of range of up to 30 WCCs, as this would to the Migratory Bird Treaty Act Authorization to ‘‘take’’ marine be the highest number projected to be (MBTA; 16 U.S.C 703–712 et seq.), the mammals, defined as Level B operational in the Coast Guard’s Proposed Action would not result in a harassment. proposed action areas. Acoustic and significant adverse effect on migratory physical stressors associated with the bird populations. Pursuant to the Schedule for the Decision-Making Proposed Action may potentially impact Magnuson-Stevens Fishery Process the physical and biological environment Conservation and Management Act (16 Following the scoping period in the proposed action areas. Potential U.S.C. 1801–1882), depth-sounder/ announced in this Notice of Intent, and acoustic stressors include: The depth- navigation system noise, vessel noise, after consideration of all comments sounder, navigation system, vessel vessel movement, and pile driving received during scoping, Coast Guard noise, ATON signal noise, tool noise, associated with the Proposed Action will prepare a Draft PEIS for the and pile driving noise. Potential would not adversely affect the quality or acquisition and operation of up to 30

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20379

WCCs. Once the Draft EIS is completed, concerns, including impacts on Indian or Coast Guard at HQS-SMB-CG- it will be made available for a 45-day trust assets and potential impacts to [email protected]. A public review and comment period. cultural resources, will be given phone message may be left at 202–475– Coast Guard will announce the appropriate consideration; 3104. In your submission, please • availability of the Draft EIS in the Determined the scope and the include the docket number for this Federal Register and local media issues to be analyzed in depth in the notice of intent and provide a reason for outlets. Coast Guard expects the Draft PEIS; each suggestion or recommendation. EIS will be available for public review • Indicated any related and comment in 2021. In meeting CEQ environmental assessments or The Coast Guard reviews all regulations requiring EISs to be environmental impact statements that comments received but will only post completed within 2 years the Coast are not part of the PEIS; comments that address the topic of this Guard anticipates the final PEIS would • Identified other relevant notice. The Coast Guard may choose not be available in 2022, which would be environmental review and consultation to post off-topic, inappropriate, or published in the Federal Register. requirements, such as Coastal Zone duplicate comments that we receive. If Should new information become Management Act consistency you visit the online docket and sign up available after the completion of the determinations, and threatened and for email alerts, you will be notified draft or final PEIS, supplemental NEPA endangered species and habitat impacts; when comments are posted or when the documentation may be prepared in and Coast Guard publishes another notice, • support of new information or changes Indicated the relationship between such as the meeting notice mentioned in the Proposed Action considered timing of the environmental review and below. under the PEIS. other aspects of the application process. With this Notice of Intent, the Coast The Coast Guard accepts anonymous Public Scoping Process Guard is asking federal, state, and local comments. Comments we post to The Notice of Intent initiates the agencies with jurisdiction or special https://www.regulations.gov will scoping process, which guides the expertise with respect to environmental include any personal information you development of a PEIS. The Coast Guard issues in the project area to formally have provided. For more about privacy is seeking comments on the potential cooperate with us in the preparation of and the docket, and submissions in environmental impacts that may result the PEIS. response to this document, see DHS’s from the Proposed Action or Once the scoping process is complete, eRulemaking System of Records notice preliminary program alternatives. The the Coast Guard will prepare a draft (85 FR 14226, March 11, 2020). PEIS would include, among other PEIS, and will publish a Federal Documents mentioned in this notice of topics, discussions of the purpose and Register notice announcing its public intent as being available in the docket, need for the Proposed Action, a availability. The Coast Guard will and public comments, will be in our description of alternatives, a description provide the public with an opportunity online docket at http:// of the affected environment, and an to review and comment on the draft www.regulations.gov and can be viewed evaluation of the environmental impact PEIS. After the Coast Guard considers by following that website’s instructions. of the Proposed Action and alternatives. those comments, we will prepare the The Coast Guard intends to follow the final PEIS and similarly announce its Public Meeting CEQ regulations implementing the availability, as well as solicit public NEPA (40 CFR 1500–1508) by scoping review and comment. Comments Coast Guard does not plan to hold in- through public comments. Scoping, received during the draft PEIS review person public meetings during the which is integral to the process for period will be available in the public scoping period due to the ongoing implementing NEPA, provides a process docket. COVID–19 pandemic; however, the to ensure that (1) issues are identified Coast Guard does plan to host virtual early and properly studied; (2) issues of Public Participation meetings May 11th and May 12th, 2021. little significance do not consume Pursuant to the CEQ regulations, the The times and virtual meeting substantial time and effort; (3) the draft Coast Guard invites public participation registration information will be PEIS is thorough and balanced; and (4) in the NEPA process. This notice announced in a separate notice delays caused by an inadequate PEIS are requests public participation in the published in the Federal Register. avoided. scoping process, establishes a public Meeting information will also be posted Public scoping is a process for comment period, and provides on https://www.dcms.uscg.mil/Our- determining the scope of issues to be information on how to participate. Organization/Assistant-Commandant- addressed in this PEIS and for The 45-day public scoping period for-Engineering-Logistics-CG-4-/ begins April 27th, 2021 and ends June identifying the issues related to the Program-Offices/Environmental- 11th, 2021. Comments and related Proposed Action that may have a Management/Environmental-Planning- significant effect on the environment. material must be received by the Coast and-Historic-Preservation/, no later than The scoping process begins with Guard on or before June 11th, 2021. April 27th, 2021. publication of this notice and ends after The Coast Guard encourages the Coast Guard has: comments submitted through the Dated: April 13, 2021. • Invited the participation of federal, Federal Decision-Making portal at Aileen Sedmak, state, and local agencies, any affected http://www.regulations.gov, using the Waterways Commerce Cutter Program Indian tribe, and other interested search function for Waterways Manager. Commerce Cutter or by docket number. persons; [FR Doc. 2021–07969 Filed 4–16–21; 8:45 am] • Consulted with affected Federally If your material cannot be submitted Recognized Tribes on a government-to- using http://www.regulations.gov, BILLING CODE 9110–04–P government basis, and with affected contact U.S. Coast Guard Headquarters, Alaska Native corporations, in ATTN: LCDR S. Krolman (CG–9327), accordance with Executive Order 13175 2703 Martin Luther King Jr. Ave. SE, and other policies. Native American Stop 7800, Washington DC 20593–7800

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4703 Sfmt 9990 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20380 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

DEPARTMENT OF HOMELAND and Households—Other Needs; 97.036, for reporting and drawing funds: 97.030, SECURITY Disaster Grants—Public Assistance Community Disaster Loans; 97.031, Cora (Presidentially Declared Disasters); 97.039, Brown Fund; 97.032, Crisis Counseling; Federal Emergency Management Hazard Mitigation Grant.) 97.033, Disaster Legal Services; 97.034, Agency Disaster Unemployment Assistance (DUA); Robert J. Fenton, 97.046, Fire Management Assistance Grant; [Internal Agency Docket No. FEMA–4512– Senior Official Performing the Duties of the 97.048, Disaster Housing Assistance to DR; Docket ID FEMA–2021–0001] Administrator, Federal Emergency Individuals and Households In Presidentially Management Agency. Declared Disaster Areas; 97.049, Virginia; Amendment No. 3 to Notice of [FR Doc. 2021–07915 Filed 4–16–21; 8:45 am] Presidentially Declared Disaster Assistance— a Major Disaster Declaration BILLING CODE 9111–23–P Disaster Housing Operations for Individuals and Households; 97.050, Presidentially AGENCY: Federal Emergency Declared Disaster Assistance to Individuals Management Agency, DHS. and Households—Other Needs; 97.036, DEPARTMENT OF HOMELAND Disaster Grants—Public Assistance ACTION: Notice. SECURITY (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) SUMMARY: This notice amends the notice Federal Emergency Management of a major disaster declaration for the Agency Robert J. Fenton, Commonwealth of Virginia (FEMA– Senior Official Performing the Duties of the [Internal Agency Docket No. FEMA–4526– 4512–DR), dated April 2, 2020, and Administrator, Federal Emergency DR; Docket ID FEMA–2021–0001] related determinations. Management Agency. DATES: This amendment was issued Delaware; Amendment No. 3 to Notice [FR Doc. 2021–07933 Filed 4–16–21; 8:45 am] February 2, 2021. of a Major Disaster Declaration BILLING CODE 9111–23–P FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and AGENCY: Federal Emergency Recovery, Federal Emergency Management Agency, DHS. DEPARTMENT OF HOMELAND Management Agency, 500 C Street SW, ACTION: Notice. SECURITY Washington, DC 20472, (202) 646–2833. SUMMARY: This notice amends the notice Federal Emergency Management SUPPLEMENTARY INFORMATION: Notice is of a major disaster declaration for the Agency hereby given that, pursuant to the State of Delaware (FEMA–4526–DR), President’s Memorandum to Extend dated April 5, 2020, and related [Internal Agency Docket No. FEMA–4503– DR; Docket ID FEMA–2021–0001] Federal Support to Governors’ Use of determinations. the National Guard to Respond to DATES: Alabama; Amendment No. 2 to Notice COVID–19 and to Increase This amendment was issued of a Major Disaster Declaration Reimbursement and Other Assistance February 2, 2021. FOR FURTHER INFORMATION CONTACT: Provided to States, dated January 21, AGENCY: Federal Emergency 2021 and the President’s Memorandum Dean Webster, Office of Response and Management Agency, DHS. Recovery, Federal Emergency on Maximizing Assistance from the ACTION: Notice. Federal Emergency Management Management Agency, 500 C Street SW, Agency, dated February 2, 2021 FEMA Washington, DC 20472, (202) 646–2833. SUMMARY: This notice amends the notice is amending the cost-sharing SUPPLEMENTARY INFORMATION: Notice is of a major disaster declaration for the arrangements regarding Federal funds hereby given that, pursuant to the State of Alabama (FEMA–4503–DR), provided under the authority of the President’s Memorandum to Extend dated March 29, 2020, and related Robert T. Stafford Disaster Relief and Federal Support to Governors’ Use of determinations. Emergency Assistance Act, 42 U.S.C. the National Guard to Respond to DATES: This amendment was issued 5121–5207 (the ‘‘Stafford Act’’) for all of COVID–19 and to Increase February 2, 2021. Reimbursement and Other Assistance the COVID–19 emergency and major FOR FURTHER INFORMATION CONTACT: Provided to States, dated January 21, disaster declarations. FEMA is Dean Webster, Office of Response and 2021 and the President’s Memorandum amending this declaration as follows: Recovery, Federal Emergency on Maximizing Assistance from the Federal funds for emergency protective Management Agency, 500 C Street SW, Federal Emergency Management measures (Category B), including direct Washington, DC 20472, (202) 646–2833. Federal assistance, under the Public Agency, dated February 2, 2021 FEMA is amending the cost-sharing SUPPLEMENTARY INFORMATION: Notice is Assistance program (Section 403) are hereby given that, pursuant to the authorized at 100 percent of total eligible arrangements regarding Federal funds costs for work performed from January 20, provided under the authority of the President’s Memorandum to Extend 2020 through September 30, 2021. Robert T. Stafford Disaster Relief and Federal Support to Governors’ Use of (The following Catalog of Federal Domestic Emergency Assistance Act, 42 U.S.C. the National Guard to Respond to Assistance Numbers (CFDA) are to be used 5121–5207 (the ‘‘Stafford Act’’) for all of COVID–19 and to Increase for reporting and drawing funds: 97.030, the COVID–19 emergency and major Reimbursement and Other Assistance Community Disaster Loans; 97.031, Cora disaster declarations. FEMA is Provided to States, dated January 21, Brown Fund; 97.032, Crisis Counseling; amending this declaration as follows: 2021 and the President’s Memorandum 97.033, Disaster Legal Services; 97.034, on Maximizing Assistance from the Disaster Unemployment Assistance (DUA); Federal funds for emergency protective Federal Emergency Management 97.046, Fire Management Assistance Grant; measures (Category B), including direct Agency, dated February 2, 2021 FEMA Federal assistance, under the Public 97.048, Disaster Housing Assistance to is amending the cost-sharing Individuals and Households In Presidentially Assistance program (Section 403) are Declared Disaster Areas; 97.049, authorized at 100 percent of total eligible arrangements regarding Federal funds Presidentially Declared Disaster Assistance— costs for work performed from January 20, provided under the authority of the Disaster Housing Operations for Individuals 2020 through September 30, 2021. Robert T. Stafford Disaster Relief and and Households; 97.050, Presidentially (The following Catalog of Federal Domestic Emergency Assistance Act, 42 U.S.C. Declared Disaster Assistance to Individuals Assistance Numbers (CFDA) are to be used 5121–5207 (the ‘‘Stafford Act’’) for all of

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20381

the COVID–19 emergency and major COVID–19 and to Increase DATES: This amendment was issued disaster declarations. FEMA is Reimbursement and Other Assistance February 2, 2021. amending this declaration as follows: Provided to States, dated January 21, FOR FURTHER INFORMATION CONTACT: Federal funds for emergency protective 2021 and the President’s Memorandum on Maximizing Assistance from the Dean Webster, Office of Response and measures (Category B), including direct Recovery, Federal Emergency Federal assistance, under the Public Federal Emergency Management Assistance program (Section 403) are Agency, dated February 2, 2021 FEMA Management Agency, 500 C Street SW, authorized at 100 percent of total eligible is amending the cost-sharing Washington, DC 20472, (202) 646–2833. costs for work performed from January 20, arrangements regarding Federal funds SUPPLEMENTARY INFORMATION: Notice is 2020 through September 30, 2021. provided under the authority of the hereby given that, pursuant to the (The following Catalog of Federal Domestic Robert T. Stafford Disaster Relief and Assistance Numbers (CFDA) are to be used President’s Memorandum to Extend Emergency Assistance Act, 42 U.S.C. Federal Support to Governors’ Use of for reporting and drawing funds: 97.030, 5121–5207 (the ‘‘Stafford Act’’) for all of Community Disaster Loans; 97.031, Cora the National Guard to Respond to the COVID–19 emergency and major Brown Fund; 97.032, Crisis Counseling; COVID–19 and to Increase disaster declarations. FEMA is 97.033, Disaster Legal Services; 97.034, Reimbursement and Other Assistance amending this declaration as follows: Disaster Unemployment Assistance (DUA); Provided to States, dated January 21, 97.046, Fire Management Assistance Grant; Federal funds for emergency protective 2021 and the President’s Memorandum 97.048, Disaster Housing Assistance to measures (Category B), including direct on Maximizing Assistance from the Individuals and Households In Presidentially Federal assistance, under the Public Declared Disaster Areas; 97.049, Assistance program (Section 403) are Federal Emergency Management Presidentially Declared Disaster Assistance— authorized at 100 percent of total eligible Agency, dated February 2, 2021 FEMA Disaster Housing Operations for Individuals costs for work performed from January 20, is amending the cost-sharing and Households; 97.050, Presidentially 2020 through September 30, 2021. arrangements regarding Federal funds Declared Disaster Assistance to Individuals (The following Catalog of Federal Domestic provided under the authority of the and Households—Other Needs; 97.036, Assistance Numbers (CFDA) are to be used Robert T. Stafford Disaster Relief and Disaster Grants—Public Assistance for reporting and drawing funds: 97.030, (Presidentially Declared Disasters); 97.039, Community Disaster Loans; 97.031, Cora Emergency Assistance Act, 42 U.S.C. Hazard Mitigation Grant.) Brown Fund; 97.032, Crisis Counseling; 5121–5207 (the ‘‘Stafford Act’’) for all of 97.033, Disaster Legal Services; 97.034, the COVID–19 emergency and major Robert J. Fenton, Disaster Unemployment Assistance (DUA); disaster declarations. FEMA is Senior Official Performing the Duties of the 97.046, Fire Management Assistance Grant; amending this declaration as follows: Administrator, Federal Emergency 97.048, Disaster Housing Assistance to Management Agency. Individuals and Households In Presidentially Federal funds for emergency protective [FR Doc. 2021–07913 Filed 4–16–21; 8:45 am] Declared Disaster Areas; 97.049, measures (Category B), including direct BILLING CODE 9111–23–P Presidentially Declared Disaster Assistance— Federal assistance, under the Public Disaster Housing Operations for Individuals Assistance program (Section 403) are and Households; 97.050, Presidentially authorized at 100 percent of total eligible DEPARTMENT OF HOMELAND Declared Disaster Assistance to Individuals costs for work performed from January 20, SECURITY and Households—Other Needs; 97.036, 2020 through September 30, 2021. Disaster Grants—Public Assistance (The following Catalog of Federal Domestic Federal Emergency Management (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) Assistance Numbers (CFDA) are to be used Agency for reporting and drawing funds: 97.030, [Internal Agency Docket No. FEMA–4545– Robert J. Fenton, Community Disaster Loans; 97.031, Cora DR; Docket ID FEMA–2021–0001] Senior Official Performing the Duties of the Brown Fund; 97.032, Crisis Counseling; Administrator, Federal Emergency 97.033, Disaster Legal Services; 97.034, Seminole Tribe of Florida; Amendment Management Agency. Disaster Unemployment Assistance (DUA); No. 1 to Notice of a Major Disaster [FR Doc. 2021–07944 Filed 4–16–21; 8:45 am] 97.046, Fire Management Assistance Grant; Declaration BILLING CODE 9111–23–P 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially AGENCY: Federal Emergency Declared Disaster Areas; 97.049, Management Agency, DHS. DEPARTMENT OF HOMELAND Presidentially Declared Disaster Assistance— ACTION: Notice. SECURITY Disaster Housing Operations for Individuals and Households; 97.050, Presidentially SUMMARY: This notice amends the notice Federal Emergency Management Declared Disaster Assistance to Individuals of a major disaster declaration for the Agency and Households—Other Needs; 97.036, Seminole Tribe of Florida (FEMA– Disaster Grants—Public Assistance 4545–DR), dated May 8, 2020, and [Internal Agency Docket No. FEMA–4523– (Presidentially Declared Disasters); 97.039, related determinations. DR; Docket ID FEMA–2021–0001] Hazard Mitigation Grant.) DATES: This amendment was issued February 2, 2021. Nevada; Amendment No. 3 to Notice of Robert J. Fenton, FOR FURTHER INFORMATION CONTACT: a Major Disaster Declaration Senior Official Performing the Duties of the Administrator, Federal Emergency Dean Webster, Office of Response and AGENCY: Federal Emergency Management Agency. Recovery, Federal Emergency Management Agency, DHS. Management Agency, 500 C Street SW, [FR Doc. 2021–07930 Filed 4–16–21; 8:45 am] ACTION: Notice. Washington, DC 20472, (202) 646–2833. BILLING CODE 9111–23–P SUPPLEMENTARY INFORMATION: Notice is SUMMARY: This notice amends the notice hereby given that, pursuant to the of a major disaster declaration for the President’s Memorandum to Extend State of Nevada (FEMA–4523–DR), Federal Support to Governors’ Use of dated April 4, 2020, and related the National Guard to Respond to determinations.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4703 Sfmt 9990 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20382 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

DEPARTMENT OF HOMELAND The time period prescribed for the ACTION: Notice. SECURITY implementation of section 310(a), Priority to Certain Applications for SUMMARY: This is a notice of the Federal Emergency Management Public Facility and Public Housing Presidential declaration of a major Agency Assistance, 42 U.S.C. 5153, shall be for disaster for the State of Texas (FEMA– a period not to exceed six months after 4586–DR), dated February 19, 2021, and [Internal Agency Docket No. FEMA–4590– the date of this declaration. related determinations. DR; Docket ID FEMA–2021–0001] The Federal Emergency Management DATES: The declaration was issued February 19, 2021. Louisiana; Major Disaster and Related Agency (FEMA) hereby gives notice that Determinations pursuant to the authority vested in the FOR FURTHER INFORMATION CONTACT: Administrator, under Executive Order Dean Webster, Office of Response and AGENCY: Federal Emergency 12148, as amended, John E. Long, of Recovery, Federal Emergency Management Agency, DHS. FEMA is appointed to act as the Federal Management Agency, 500 C Street SW, ACTION: Notice. Coordinating Officer for this major Washington, DC 20472, (202) 646–2833. disaster. SUPPLEMENTARY INFORMATION: Notice is SUMMARY: This is a notice of the The following areas of the State of hereby given that, in a letter dated Presidential declaration of a major Louisiana have been designated as February 19, 2021, the President issued disaster for the State of Louisiana adversely affected by this major disaster: a major disaster declaration under the (FEMA–4590–DR), dated March 9, 2021, Avoyelles, Bienville, Bossier, Caddo, authority of the Robert T. Stafford and related determinations. Calcasieu, Catahoula, Claiborne, Concordia, Disaster Relief and Emergency DATES: The declaration was issued DeSoto, East Baton Rouge, Franklin, Grant, Assistance Act, 42 U.S.C. 5121 et seq. March 9, 2021. LaSalle, Madison, Natchitoches, Ouachita, (the ‘‘Stafford Act’’), as follows: Rapides, Red River, Richland, Sabine, FOR FURTHER INFORMATION CONTACT: I have determined that the damage in the Webster, West Carroll, and Winn Parishes for Dean Webster, Office of Response and State of Texas resulting from severe winter Individual Assistance. storms beginning on February 11, 2021, and Recovery, Federal Emergency Emergency protective measures (Category Management Agency, 500 C Street SW, continuing, is of sufficient severity and B), including direct federal assistance for all magnitude to warrant a major disaster Washington, DC 20472, (202) 646–2833. 64 parishes within the State of Louisiana. declaration under the Robert T. Stafford SUPPLEMENTARY INFORMATION: Notice is All areas within the State of Louisiana are Disaster Relief and Emergency Assistance hereby given that, in a letter dated eligible for assistance under the Hazard Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford March 9, 2021, the President issued a Mitigation Grant Program. Act’’). Therefore, I declare that such a major major disaster declaration under the The following Catalog of Federal Domestic disaster exists in the State of Texas. In order to provide Federal assistance, you authority of the Robert T. Stafford Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, are hereby authorized to allocate from funds Disaster Relief and Emergency Community Disaster Loans; 97.031, Cora available for these purposes such amounts as Assistance Act, 42 U.S.C. 5121 et seq. Brown Fund; 97.032, Crisis Counseling; you find necessary for Federal disaster (the ‘‘Stafford Act’’), as follows: 97.033, Disaster Legal Services; 97.034, assistance and administrative expenses. I have determined that the damage in the Disaster Unemployment Assistance (DUA); You are authorized to provide Individual Assistance in the designated areas; assistance State of Louisiana resulting from severe 97.046, Fire Management Assistance Grant; for emergency protective measures (Category winter storms during the period of February 97.048, Disaster Housing Assistance to B), including direct Federal assistance, under 11 to February 19, 2021, is of sufficient Individuals and Households In Presidentially the Public Assistance program and Hazard severity and magnitude to warrant a major Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Mitigation throughout the State; and any disaster declaration under the Robert T. other forms of assistance under the Stafford Stafford Disaster Relief and Emergency Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Act that you deem appropriate subject to Assistance Act, 42 U.S.C. 5121 et seq. (the completion of Preliminary Damage ‘‘Stafford Act’’). Therefore, I declare that such Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Assessments (PDAs). a major disaster exists in the State of Consistent with the requirement that Louisiana. Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Federal assistance be supplemental, any In order to provide Federal assistance, you Federal funds provided under the Stafford Hazard Mitigation Grant. are hereby authorized to allocate from funds Act for Public Assistance, Hazard Mitigation, available for these purposes such amounts as Robert J. Fenton, and Other Needs Assistance will be limited you find necessary for Federal disaster to 75 percent of the total eligible costs. assistance and administrative expenses. Senior Official Performing the Duties of the Administrator, Federal Emergency Further, you are authorized to make You are authorized to provide Individual changes to this declaration for the approved Management Agency. Assistance in the designated areas; assistance assistance to the extent allowable under the for emergency protective measures (Category [FR Doc. 2021–07950 Filed 4–16–21; 8:45 am] Stafford Act. B), including direct Federal assistance, under BILLING CODE 9111–23–P the Public Assistance program and Hazard The time period prescribed for the Mitigation throughout the state; and any implementation of section 310(a), other forms of assistance under the Stafford DEPARTMENT OF HOMELAND Priority to Certain Applications for Act that you deem appropriate subject to SECURITY Public Facility and Public Housing completion of Preliminary Damage Assistance, 42 U.S.C. 5153, shall be for Assessments (PDAs). Federal Emergency Management a period not to exceed six months after Consistent with the requirement that Agency the date of this declaration. Federal assistance be supplemental, any The Federal Emergency Management Federal funds provided under the Stafford [Internal Agency Docket No. FEMA–4586– Agency (FEMA) hereby gives notice that Act for Public Assistance, Hazard Mitigation, DR;Docket ID FEMA–2021–0001] pursuant to the authority vested in the and Other Needs Assistance will be limited to 75 percent of the total eligible costs. Texas; Major Disaster and Related Administrator, under Executive Order Further, you are authorized to make Determinations 12148, as amended, Jerry S. Thomas, of changes to this declaration for the approved FEMA is appointed to act as the Federal assistance to the extent allowable under the AGENCY: Federal Emergency Coordinating Officer for this major Stafford Act. Management Agency, DHS. disaster.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20383

The following areas of the State of April 9, 2020, and related DEPARTMENT OF HOMELAND Texas have been designated as adversely determinations. SECURITY affected by this major disaster: DATES: This amendment was issued Federal Emergency Management Angelina, Aransas, Bastrop, Bee, Bell, Bexar, Blanco, Brazoria, Brazos, Brown, February 2, 2021. Agency Burleson, Caldwell, Calhoun, Cameron, FOR FURTHER INFORMATION CONTACT: [Internal Agency Docket No. FEMA–4528– Chambers, Collin, Comal, Comanche, Cooke, Dean Webster, Office of Response and DR; Docket ID FEMA–2021–0001] Coryell, Dallas, Denton, DeWitt, Ellis, Falls, Recovery, Federal Emergency Fort Bend, Galveston, Gillespie, Grimes, Mississippi; Amendment No. 2 to Management Agency, 500 C Street SW, Guadalupe, Hardin, Harris, Hays, Henderson, Notice of a Major Disaster Declaration Hidalgo, Hood, Jasper, Jefferson, Johnson, Washington, DC 20472, (202) 646–2833. Kaufman, Kendall, Lavaca, Liberty, Madison, AGENCY: Federal Emergency SUPPLEMENTARY INFORMATION: Notice is Matagorda, Maverick, McLennan, Montague, Management Agency, DHS. Montgomery, Nacogdoches, Nueces, Orange, hereby given that, pursuant to the ACTION: Notice. Palo Pinto, Panola, Parker, Polk, Rockwall, President’s Memorandum to Extend Sabine, San Jacinto, San Patricio, Scurry, Federal Support to Governors’ Use of SUMMARY: This notice amends the notice Shelby, Smith, Stephens, Tarrant, Travis, the National Guard to Respond to of a major disaster declaration for the Tyler, Upshur, Van Zandt, Victoria, Walker, COVID–19 and to Increase Waller, Wharton, Wichita, Williamson, State of Mississippi (FEMA–4528–DR), Wilson, and Wise Counties for Individual Reimbursement and Other Assistance dated April 5, 2020, and related Assistance. Provided to States, dated January 21, determinations. Emergency protective measures (Category 2021 and the President’s Memorandum DATES: This amendment was issued B), including direct federal assistance under on Maximizing Assistance from the February 2, 2021. the Public Assistance program for all 254 Federal Emergency Management counties in the State of Texas. FOR FURTHER INFORMATION CONTACT: All areas within the State of Texas are Agency, dated February 2, 2021 FEMA Dean Webster, Office of Response and eligible for assistance under the Hazard is amending the cost-sharing Recovery, Federal Emergency Mitigation Grant Program. arrangements regarding Federal funds Management Agency, 500 C Street SW, The following Catalog of Federal Domestic provided under the authority of the Washington, DC 20472, (202) 646–2833. Assistance Numbers (CFDA) are to be used Robert T. Stafford Disaster Relief and SUPPLEMENTARY INFORMATION: Notice is for reporting and drawing funds: 97.030, Emergency Assistance Act, 42 U.S.C. Community Disaster Loans; 97.031, Cora hereby given that, pursuant to the Brown Fund; 97.032, Crisis Counseling; 5121–5207 (the ‘‘Stafford Act’’) for all of President’s Memorandum to Extend 97.033, Disaster Legal Services; 97.034, the COVID–19 emergency and major Federal Support to Governors’ Use of Disaster Unemployment Assistance (DUA); disaster declarations. FEMA is the National Guard to Respond to 97.046, Fire Management Assistance Grant; amending this declaration as follows: COVID–19 and to Increase 97.048, Disaster Housing Assistance to Reimbursement and Other Assistance Individuals and Households In Presidentially Federal funds for emergency protective measures (Category B), including direct Provided to States, dated January 21, Declared Disaster Areas; 97.049, 2021 and the President’s Memorandum Presidentially Declared Disaster Assistance— Federal assistance, under the Public Disaster Housing Operations for Individuals Assistance program (Section 403) are on Maximizing Assistance from the and Households; 97.050, Presidentially authorized at 100 percent of total eligible Federal Emergency Management Declared Disaster Assistance to Individuals costs for work performed from January 20, Agency, dated February 2, 2021 FEMA and Households—Other Needs; 97.036, 2020 through September 30, 2021. is amending the cost-sharing Disaster Grants—Public Assistance (The following Catalog of Federal Domestic arrangements regarding Federal funds (Presidentially Declared Disasters); 97.039, provided under the authority of the Hazard Mitigation Grant. Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Robert T. Stafford Disaster Relief and Robert J. Fenton, Community Disaster Loans; 97.031, Cora Emergency Assistance Act, 42 U.S.C. Senior Official Performing the Duties of the Brown Fund; 97.032, Crisis Counseling; 5121–5207 (the ‘‘Stafford Act’’) for all of Administrator, Federal Emergency 97.033, Disaster Legal Services; 97.034, the COVID–19 emergency and major Management Agency. Disaster Unemployment Assistance (DUA); disaster declarations. FEMA is [FR Doc. 2021–07947 Filed 4–16–21; 8:45 am] 97.046, Fire Management Assistance Grant; amending this declaration as follows: BILLING CODE 9111–23–P 97.048, Disaster Housing Assistance to Federal funds for emergency protective Individuals and Households In Presidentially measures (Category B), including direct Declared Disaster Areas; 97.049, Federal assistance, under the Public DEPARTMENT OF HOMELAND Presidentially Declared Disaster Assistance— Assistance program (Section 403) are SECURITY Disaster Housing Operations for Individuals authorized at 100 percent of total eligible and Households; 97.050, Presidentially costs for work performed from January 20, 2020 through September 30, 2021. Federal Emergency Management Declared Disaster Assistance to Individuals Agency and Households—Other Needs; 97.036, (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used Disaster Grants—Public Assistance [Internal Agency Docket No. FEMA–4533– for reporting and drawing funds: 97.030, DR; Docket ID FEMA–2021–0001] (Presidentially Declared Disasters); 97.039, Community Disaster Loans; 97.031, Cora Hazard Mitigation Grant.) Brown Fund; 97.032, Crisis Counseling; Alaska; Amendment No. 3 to Notice of Robert J. Fenton, 97.033, Disaster Legal Services; 97.034, a Major Disaster Declaration Disaster Unemployment Assistance (DUA); Senior Official Performing the Duties of the 97.046, Fire Management Assistance Grant; AGENCY: Federal Emergency Administrator, Federal Emergency 97.048, Disaster Housing Assistance to Management Agency, DHS. Management Agency. Individuals and Households In Presidentially ACTION: Notice. [FR Doc. 2021–07940 Filed 4–16–21; 8:45 am] Declared Disaster Areas; 97.049, BILLING CODE 9111–23–P Presidentially Declared Disaster Assistance— SUMMARY: This notice amends the notice Disaster Housing Operations for Individuals of a major disaster declaration for the and Households; 97.050, Presidentially State of Alaska (FEMA–4533–DR), dated Declared Disaster Assistance to Individuals

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20384 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

and Households—Other Needs; 97.036, for reporting and drawing funds: 97.030, the COVID–19 emergency and major Disaster Grants—Public Assistance Community Disaster Loans; 97.031, Cora disaster declarations. FEMA is (Presidentially Declared Disasters); 97.039, Brown Fund; 97.032, Crisis Counseling; amending this declaration as follows: Hazard Mitigation Grant.) 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); Federal funds for emergency protective Robert J. Fenton, 97.046, Fire Management Assistance Grant; measures (Category B), including direct Senior Official Performing the Duties of the 97.048, Disaster Housing Assistance to Federal assistance, under the Public Administrator, Federal Emergency Individuals and Households In Presidentially Assistance program (Section 403) are Management Agency. Declared Disaster Areas; 97.049, authorized at 100 percent of total eligible [FR Doc. 2021–07935 Filed 4–16–21; 8:45 am] Presidentially Declared Disaster Assistance— costs for work performed from January 20, 2020 through September 30, 2021. BILLING CODE 9111–23–P Disaster Housing Operations for Individuals and Households; 97.050, Presidentially (The following Catalog of Federal Domestic Declared Disaster Assistance to Individuals Assistance Numbers (CFDA) are to be used and Households—Other Needs; 97.036, for reporting and drawing funds: 97.030, DEPARTMENT OF HOMELAND Disaster Grants—Public Assistance SECURITY Community Disaster Loans; 97.031, Cora (Presidentially Declared Disasters); 97.039, Brown Fund; 97.032, Crisis Counseling; Hazard Mitigation Grant.) Federal Emergency Management 97.033, Disaster Legal Services; 97.034, Agency Robert J. Fenton, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; Senior Official Performing the Duties of the [Internal Agency Docket No. FEMA–4522– 97.048, Disaster Housing Assistance to Administrator, Federal Emergency DR; Docket ID FEMA–2021–0001] Individuals and Households In Presidentially Management Agency. Declared Disaster Areas; 97.049, Maine; Amendment No. 3 to Notice of [FR Doc. 2021–07929 Filed 4–16–21; 8:45 am] Presidentially Declared Disaster Assistance— a Major Disaster Declaration BILLING CODE 9111–23–P Disaster Housing Operations for Individuals and Households; 97.050, Presidentially AGENCY: Federal Emergency Declared Disaster Assistance to Individuals Management Agency, DHS. DEPARTMENT OF HOMELAND and Households—Other Needs; 97.036, ACTION: Notice. SECURITY Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, SUMMARY: This notice amends the notice Federal Emergency Management Hazard Mitigation Grant.) of a major disaster declaration for the Agency Robert J. Fenton, State of Maine (FEMA–4522–DR), dated April 4, 2020, and related [Internal Agency Docket No. FEMA–4508– Senior Official Performing the Duties of the DR; Docket ID FEMA–2021–0001] Administrator, Federal Emergency determinations. Management Agency. DATES: This amendment was issued Montana; Amendment No. 3 to Notice [FR Doc. 2021–07923 Filed 4–16–21; 8:45 am] February 2, 2021. of a Major Disaster Declaration BILLING CODE 9111–23–P FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Emergency Dean Webster, Office of Response and Management Agency, DHS. Recovery, Federal Emergency DEPARTMENT OF HOMELAND ACTION: Notice. Management Agency, 500 C Street SW, SECURITY Washington, DC 20472, (202) 646–2833. SUMMARY: This notice amends the notice Federal Emergency Management SUPPLEMENTARY INFORMATION: Notice is of a major disaster declaration for the Agency hereby given that, pursuant to the State of Montana (FEMA–4508–DR), President’s Memorandum to Extend dated March 31, 2020, and related [Internal Agency Docket No. FEMA–4515– Federal Support to Governors’ Use of determinations. DR; Docket ID FEMA–2021–0001] the National Guard to Respond to DATES: This amendment was issued Indiana; Amendment No. 3 to Notice of COVID–19 and to Increase February 2, 2021. Reimbursement and Other Assistance a Major Disaster Declaration FOR FURTHER INFORMATION CONTACT: Provided to States, dated January 21, Dean Webster, Office of Response and AGENCY: Federal Emergency 2021 and the President’s Memorandum Recovery, Federal Emergency Management Agency, DHS. on Maximizing Assistance from the Management Agency, 500 C Street SW, ACTION: Notice. Federal Emergency Management Washington, DC 20472, (202) 646–2833. Agency, dated February 2, 2021 FEMA SUMMARY: This notice amends the notice SUPPLEMENTARY INFORMATION: is amending the cost-sharing Notice is of a major disaster declaration for the arrangements regarding Federal funds hereby given that, pursuant to the State of Indiana (FEMA–4515–DR), provided under the authority of the President’s Memorandum to Extend dated April 3, 2020, and related Robert T. Stafford Disaster Relief and Federal Support to Governors’ Use of determinations. Emergency Assistance Act, 42 U.S.C. the National Guard to Respond to COVID–19 and to Increase DATES: This amendment was issued 5121–5207 (the ‘‘Stafford Act’’) for all of February 2, 2021. the COVID–19 emergency and major Reimbursement and Other Assistance FOR FURTHER INFORMATION CONTACT: disaster declarations. FEMA is Provided to States, dated January 21, Dean Webster, Office of Response and amending this declaration as follows: 2021 and the President’s Memorandum on Maximizing Assistance from the Recovery, Federal Emergency Federal funds for emergency protective Federal Emergency Management Management Agency, 500 C Street SW, measures (Category B), including direct Agency, dated February 2, 2021 FEMA Washington, DC 20472, (202) 646–2833. Federal assistance, under the Public Assistance program (Section 403) are is amending the cost-sharing SUPPLEMENTARY INFORMATION: Notice is authorized at 100 percent of total eligible arrangements regarding Federal funds hereby given that, pursuant to the costs for work performed from January 20, provided under the authority of the President’s Memorandum to Extend 2020 through September 30, 2021. Robert T. Stafford Disaster Relief and Federal Support to Governors’ Use of (The following Catalog of Federal Domestic Emergency Assistance Act, 42 U.S.C. the National Guard to Respond to Assistance Numbers (CFDA) are to be used 5121–5207 (the ‘‘Stafford Act’’) for all of COVID–19 and to Increase

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20385

Reimbursement and Other Assistance FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND Provided to States, dated January 21, Dean Webster, Office of Response and SECURITY 2021 and the President’s Memorandum Recovery, Federal Emergency on Maximizing Assistance from the Management Agency, 500 C Street SW, Federal Emergency Management Federal Emergency Management Washington, DC 20472, (202) 646–2833. Agency Agency, dated February 2, 2021 FEMA SUPPLEMENTARY INFORMATION: Notice is [Internal Agency Docket No. FEMA–4517– is amending the cost-sharing DR; Docket ID FEMA–2021–0001] arrangements regarding Federal funds hereby given that, pursuant to the provided under the authority of the President’s Memorandum to Extend West Virginia; Amendment No. 3 to Robert T. Stafford Disaster Relief and Federal Support to Governors’ Use of Notice of a Major Disaster Declaration Emergency Assistance Act, 42 U.S.C. the National Guard to Respond to 5121–5207 (the ‘‘Stafford Act’’) for all of COVID–19 and to Increase AGENCY: Federal Emergency the COVID–19 emergency and major Reimbursement and Other Assistance Management Agency, DHS. disaster declarations. FEMA is Provided to States, dated January 21, ACTION: Notice. amending this declaration as follows: 2021 and the President’s Memorandum SUMMARY: This notice amends the notice Federal funds for emergency protective on Maximizing Assistance from the of a major disaster declaration for the measures (Category B), including direct Federal Emergency Management State of West Virginia (FEMA–4517– Federal assistance, under the Public Agency, dated February 2, 2021 FEMA DR), dated April 3, 2020, and related Assistance program (Section 403) are is amending the cost-sharing authorized at 100 percent of total eligible determinations. costs for work performed from January 20, arrangements regarding Federal funds DATES: This amendment was issued 2020 through September 30, 2021. provided under the authority of the February 2, 2021. Robert T. Stafford Disaster Relief and (The following Catalog of Federal Domestic FOR FURTHER INFORMATION CONTACT: Assistance Numbers (CFDA) are to be used Emergency Assistance Act, 42 U.S.C. Dean Webster, Office of Response and for reporting and drawing funds: 97.030, 5121–5207 (the ‘‘Stafford Act’’) for all of Recovery, Federal Emergency Community Disaster Loans; 97.031, Cora the COVID–19 emergency and major Management Agency, 500 C Street SW, Brown Fund; 97.032, Crisis Counseling; disaster declarations. FEMA is 97.033, Disaster Legal Services; 97.034, Washington, DC 20472, (202) 646–2833. Disaster Unemployment Assistance (DUA); amending this declaration as follows: SUPPLEMENTARY INFORMATION: Notice is 97.046, Fire Management Assistance Grant; Federal funds for emergency protective hereby given that, pursuant to the 97.048, Disaster Housing Assistance to measures (Category B), including direct President’s Memorandum to Extend Individuals and Households In Presidentially Federal assistance, under the Public Federal Support to Governors’ Use of Declared Disaster Areas; 97.049, Assistance program (Section 403) are Presidentially Declared Disaster Assistance— the National Guard to Respond to Disaster Housing Operations for Individuals authorized at 100 percent of total eligible COVID–19 and to Increase and Households; 97.050, Presidentially costs for work performed from January 20, Reimbursement and Other Assistance Declared Disaster Assistance to Individuals 2020 through September 30, 2021. Provided to States, dated January 21, and Households—Other Needs; 97.036, (The following Catalog of Federal Domestic 2021 and the President’s Memorandum Disaster Grants—Public Assistance Assistance Numbers (CFDA) are to be used on Maximizing Assistance from the (Presidentially Declared Disasters); 97.039, for reporting and drawing funds: 97.030, Federal Emergency Management Hazard Mitigation Grant.) Community Disaster Loans; 97.031, Cora Agency, dated February 2, 2021 FEMA Robert J. Fenton, Brown Fund; 97.032, Crisis Counseling; is amending the cost-sharing Senior Official Performing the Duties of the 97.033, Disaster Legal Services; 97.034, arrangements regarding Federal funds Administrator, Federal Emergency Disaster Unemployment Assistance (DUA); provided under the authority of the Management Agency. 97.046, Fire Management Assistance Grant; Robert T. Stafford Disaster Relief and [FR Doc. 2021–07918 Filed 4–16–21; 8:45 am] 97.048, Disaster Housing Assistance to Emergency Assistance Act, 42 U.S.C. BILLING CODE 9111–23–P Individuals and Households In Presidentially 5121–5207 (the ‘‘Stafford Act’’) for all of Declared Disaster Areas; 97.049, the COVID–19 emergency and major Presidentially Declared Disaster Assistance— disaster declarations. FEMA is DEPARTMENT OF HOMELAND Disaster Housing Operations for Individuals amending this declaration as follows: SECURITY and Households; 97.050, Presidentially Federal funds for emergency protective Declared Disaster Assistance to Individuals Federal Emergency Management measures (Category B), including direct and Households—Other Needs; 97.036, Federal assistance, under the Public Agency Disaster Grants—Public Assistance Assistance program (Section 403) are [Internal Agency Docket No. FEMA–4504– (Presidentially Declared Disasters); 97.039, authorized at 100 percent of total eligible DR; Docket ID FEMA–2021–0001] Hazard Mitigation Grant). costs for work performed from January 20, 2020 through September 30, 2021. Robert J. Fenton, Kansas; Amendment No. 3 to Notice of (The following Catalog of Federal Domestic a Major Disaster Declaration Senior Official Performing the Duties of the Assistance Numbers (CFDA) are to be used Administrator, Federal Emergency for reporting and drawing funds: 97.030, AGENCY: Federal Emergency Management Agency. Community Disaster Loans; 97.031, Cora Management Agency, DHS. [FR Doc. 2021–07914 Filed 4–16–21; 8:45 am] Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, ACTION: Notice. BILLING CODE 9111–23–P Disaster Unemployment Assistance (DUA); SUMMARY: This notice amends the notice 97.046, Fire Management Assistance Grant; of a major disaster declaration for the 97.048, Disaster Housing Assistance to State of Kansas (FEMA–4504–DR), dated Individuals and Households In Presidentially March 29, 2020, and related Declared Disaster Areas; 97.049, determinations. Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals DATES: This amendment was issued and Households; 97.050, Presidentially February 2, 2021. Declared Disaster Assistance to Individuals

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20386 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

and Households—Other Needs; 97.036, Further, you are authorized to make Recovery, Federal Emergency Disaster Grants—Public Assistance changes to this declaration for the approved Management Agency, 500 C Street SW, (Presidentially Declared Disasters); 97.039, assistance to the extent allowable under the Washington, DC 20472, (202) 646–2833. Hazard Mitigation Grant). Stafford Act. SUPPLEMENTARY INFORMATION: Notice is Robert J. Fenton, The Federal Emergency Management hereby given that, pursuant to the Senior Official Performing the Duties of the Agency (FEMA) hereby gives notice that President’s Memorandum to Extend Administrator, Federal Emergency pursuant to the authority vested in the Federal Support to Governors’ Use of Management Agency. Administrator, under Executive Order the National Guard to Respond to [FR Doc. 2021–07925 Filed 4–16–21; 8:45 am] 12148, as amended, Thomas J. Dargan, COVID–19 and to Increase BILLING CODE 9111–23–P of FEMA is appointed to act as the Reimbursement and Other Assistance Federal Coordinating Officer for this Provided to States, dated January 21, major disaster. 2021 and the President’s Memorandum DEPARTMENT OF HOMELAND The following areas of the State of on Maximizing Assistance from the SECURITY Idaho have been designated as adversely Federal Emergency Management affected by this major disaster: Agency, dated February 2, 2021 FEMA Federal Emergency Management Benewah, Bonner, Kootenai, and Shoshone is amending the cost-sharing Agency Counties for Public Assistance. arrangements regarding Federal funds [Internal Agency Docket No. FEMA–4589– All areas within the State of Idaho are provided under the authority of the DR; Docket ID FEMA–2021–0001] eligible for assistance under the Hazard Robert T. Stafford Disaster Relief and Mitigation Grant Program. Emergency Assistance Act, 42 U.S.C. Idaho; Major Disaster and Related (The following Catalog of Federal Domestic 5121–5207 (the ‘‘Stafford Act’’) for all of Determinations Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, the COVID–19 emergency and major AGENCY: Federal Emergency Community Disaster Loans; 97.031, Cora disaster declarations. FEMA is Management Agency, DHS. Brown Fund; 97.032, Crisis Counseling; amending this declaration as follows: 97.033, Disaster Legal Services; 97.034, ACTION: Notice. Federal funds for emergency protective Disaster Unemployment Assistance (DUA); measures (Category B), including direct SUMMARY: This is a notice of the 97.046, Fire Management Assistance Grant; Federal assistance, under the Public Presidential declaration of a major 97.048, Disaster Housing Assistance to Assistance program (Section 403) are Individuals and Households In Presidentially authorized at 100 percent of total eligible disaster for the State of Idaho (FEMA– Declared Disaster Areas; 97.049, 4589–DR), dated March 4, 2021, and costs for work performed from January 20, Presidentially Declared Disaster Assistance— 2020 through September 30, 2021. related determinations. Disaster Housing Operations for Individuals (The following Catalog of Federal Domestic and Households; 97.050, Presidentially DATES: The declaration was issued Assistance Numbers (CFDA) are to be used Declared Disaster Assistance to Individuals March 4, 2021. for reporting and drawing funds: 97.030, and Households—Other Needs; 97.036, Community Disaster Loans; 97.031, Cora FOR FURTHER INFORMATION CONTACT: Disaster Grants—Public Assistance Brown Fund; 97.032, Crisis Counseling; Dean Webster, Office of Response and (Presidentially Declared Disasters); 97.039, 97.033, Disaster Legal Services; 97.034, Recovery, Federal Emergency Hazard Mitigation Grant.) Management Agency, 500 C Street SW, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; Washington, DC 20472, (202) 646–2833. Robert J. Fenton, Senior Official Performing the Duties of the 97.048, Disaster Housing Assistance to SUPPLEMENTARY INFORMATION: Notice is Administrator, Federal Emergency Individuals and Households In Presidentially Declared Disaster Areas; 97.049, hereby given that, in a letter dated Management Agency. March 4, 2021, the President issued a Presidentially Declared Disaster Assistance— [FR Doc. 2021–07949 Filed 4–16–21; 8:45 am] major disaster declaration under the Disaster Housing Operations for Individuals authority of the Robert T. Stafford BILLING CODE 9111–23–P and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals Disaster Relief and Emergency and Households—Other Needs; 97.036, Assistance Act, 42 U.S.C. 5121 et seq. DEPARTMENT OF HOMELAND Disaster Grants—Public Assistance (the ‘‘Stafford Act’’), as follows: SECURITY (Presidentially Declared Disasters); 97.039, I have determined that the damage in Hazard Mitigation Grant). certain areas of the State of Idaho resulting Federal Emergency Management Robert J. Fenton, from straight-line winds on January 13, 2021, Agency is of sufficient severity and magnitude to Senior Official Performing the Duties of the warrant a major disaster declaration under [Internal Agency Docket No. FEMA–4537– Administrator, Federal Emergency the Robert T. Stafford Disaster Relief and DR; Docket ID FEMA–2021–0001] Management Agency. Emergency Assistance Act, 42 U.S.C. 5121 et [FR Doc. 2021–07943 Filed 4–16–21; 8:45 am] seq. (the ‘‘Stafford Act’’). Therefore, I declare American Samoa; Amendment No. 2 to BILLING CODE 9111–23–P that such a major disaster exists in the State Notice of a Major Disaster Declaration of Idaho. AGENCY: Federal Emergency In order to provide Federal assistance, you DEPARTMENT OF HOMELAND Management Agency, DHS. are hereby authorized to allocate from funds SECURITY available for these purposes such amounts as ACTION: Notice. you find necessary for Federal disaster Federal Emergency Management SUMMARY: This notice amends the notice assistance and administrative expenses. Agency You are authorized to provide Public of a major disaster declaration for the Assistance in the designated areas and territory of American Samoa (FEMA– [Internal Agency Docket No. FEMA–4516– Hazard Mitigation throughout the state. 4537–DR), dated April 17, 2020, and DR; Docket ID FEMA–2021–0001] Consistent with the requirement that Federal related determinations. assistance be supplemental, any Federal New Hampshire; Amendment No. 3 to DATES: This amendment was issued funds provided under the Stafford Act for Notice of a Major Disaster Declaration Public Assistance and Hazard Mitigation will February 2, 2021. be limited to 75 percent of the total eligible FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Emergency costs. Dean Webster, Office of Response and Management Agency, DHS.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20387

ACTION: Notice. DEPARTMENT OF HOMELAND and Households—Other Needs; 97.036, SECURITY Disaster Grants—Public Assistance SUMMARY: This notice amends the notice (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) of a major disaster declaration for the Federal Emergency Management State of New Hampshire (FEMA–4516– Agency Robert J. Fenton, DR), dated April 3, 2020, and related [Internal Agency Docket No. FEMA–4527– Senior Official Performing the Duties of the determinations. DR; Docket ID FEMA–2021–0001] Administrator, Federal Emergency Management Agency. DATES: This amendment was issued South Dakota; Amendment No. 3 to [FR Doc. 2021–07934 Filed 4–16–21; 8:45 am] February 2, 2021. Notice of a Major Disaster Declaration BILLING CODE 9111–23–P FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Emergency Dean Webster, Office of Response and Management Agency, DHS. DEPARTMENT OF HOMELAND Recovery, Federal Emergency ACTION: Notice. Management Agency, 500 C Street SW, SECURITY Washington, DC 20472, (202) 646–2833. SUMMARY: This notice amends the notice Federal Emergency Management of a major disaster declaration for the SUPPLEMENTARY INFORMATION: Agency Notice is State of South Dakota (FEMA–4527– hereby given that, pursuant to the DR), dated April 5, 2020, and related [Internal Agency Docket No. FEMA–4511– President’s Memorandum to Extend determinations. Federal Support to Governors’ Use of DR; Docket ID FEMA–2021–0001] the National Guard to Respond to DATES: This amendment was issued Commonwealth of the Northern COVID–19 and to Increase February 2, 2021. Mariana Islands; Amendment No. 3 to Reimbursement and Other Assistance FOR FURTHER INFORMATION CONTACT: Notice of a Major Disaster Declaration Provided to States, dated January 21, Dean Webster, Office of Response and 2021 and the President’s Memorandum Recovery, Federal Emergency AGENCY: Federal Emergency on Maximizing Assistance from the Management Agency, 500 C Street SW, Management Agency, DHS. Washington, DC 20472, (202) 646–2833. Federal Emergency Management ACTION: Notice. Agency, dated February 2, 2021 FEMA SUPPLEMENTARY INFORMATION: Notice is is amending the cost-sharing hereby given that, pursuant to the SUMMARY: This notice amends the notice arrangements regarding Federal funds President’s Memorandum to Extend of a major disaster declaration for the provided under the authority of the Federal Support to Governors’ Use of Commonwealth of the Northern Mariana Robert T. Stafford Disaster Relief and the National Guard to Respond to Islands (FEMA–4511–DR), dated April Emergency Assistance Act, 42 U.S.C. COVID–19 and to Increase 1, 2020, and related determinations. 5121–5207 (the ‘‘Stafford Act’’) for all of Reimbursement and Other Assistance DATES: This amendment was issued the COVID–19 emergency and major Provided to States, dated January 21, February 2, 2021. disaster declarations. FEMA is 2021 and the President’s Memorandum FOR FURTHER INFORMATION CONTACT: amending this declaration as follows: on Maximizing Assistance from the Dean Webster, Office of Response and Federal Emergency Management Federal funds for emergency protective Recovery, Federal Emergency Agency, dated February 2, 2021 FEMA measures (Category B), including direct Management Agency, 500 C Street SW, is amending the cost-sharing Federal assistance, under the Public Washington, DC 20472, (202) 646–2833. Assistance program (Section 403) are arrangements regarding Federal funds SUPPLEMENTARY INFORMATION: authorized at 100 percent of total eligible provided under the authority of the Notice is costs for work performed from January 20, Robert T. Stafford Disaster Relief and hereby given that, pursuant to the 2020 through September 30, 2021. Emergency Assistance Act, 42 U.S.C. President’s Memorandum to Extend (The following Catalog of Federal Domestic 5121–5207 (the ‘‘Stafford Act’’) for all of Federal Support to Governors’ Use of Assistance Numbers (CFDA) are to be used the COVID–19 emergency and major the National Guard to Respond to for reporting and drawing funds: 97.030, disaster declarations. FEMA is COVID–19 and to Increase Community Disaster Loans; 97.031, Cora amending this declaration as follows: Reimbursement and Other Assistance Brown Fund; 97.032, Crisis Counseling; Provided to States, dated January 21, 97.033, Disaster Legal Services; 97.034, Federal funds for emergency protective 2021 and the President’s Memorandum measures (Category B), including direct Disaster Unemployment Assistance (DUA); Federal assistance, under the Public on Maximizing Assistance from the 97.046, Fire Management Assistance Grant; Assistance program (Section 403) are Federal Emergency Management 97.048, Disaster Housing Assistance to authorized at 100 percent of total eligible Agency, dated February 2, 2021 FEMA Individuals and Households In Presidentially costs for work performed from January 20, is amending the cost-sharing Declared Disaster Areas; 97.049, 2020 through September 30, 2021. arrangements regarding Federal funds Presidentially Declared Disaster Assistance— (The following Catalog of Federal Domestic provided under the authority of the Disaster Housing Operations for Individuals Assistance Numbers (CFDA) are to be used Robert T. Stafford Disaster Relief and and Households; 97.050, Presidentially for reporting and drawing funds: 97.030, Declared Disaster Assistance to Individuals Emergency Assistance Act, 42 U.S.C. Community Disaster Loans; 97.031, Cora and Households—Other Needs; 97.036, 5121–5207 (the ‘‘Stafford Act’’) for all of Brown Fund; 97.032, Crisis Counseling; Disaster Grants—Public Assistance the COVID–19 emergency and major 97.033, Disaster Legal Services; 97.034, disaster declarations. FEMA is (Presidentially Declared Disasters); 97.039, Disaster Unemployment Assistance (DUA); Hazard Mitigation Grant.) 97.046, Fire Management Assistance Grant; amending this declaration as follows: Robert J. Fenton, 97.048, Disaster Housing Assistance to Federal funds for emergency protective Individuals and Households In Presidentially measures (Category B), including direct Senior Official Performing the Duties of the Declared Disaster Areas; 97.049, Federal assistance, under the Public Administrator, Federal Emergency Presidentially Declared Disaster Assistance— Assistance program (Section 403) are Management Agency. Disaster Housing Operations for Individuals authorized at 100 percent of total eligible [FR Doc. 2021–07919 Filed 4–16–21; 8:45 am] and Households; 97.050, Presidentially costs for work performed from January 20, BILLING CODE 9111–23–P Declared Disaster Assistance to Individuals 2020 through September 30, 2021.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20388 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

(The following Catalog of Federal Domestic Emergency Assistance Act, 42 U.S.C. the National Guard to Respond to Assistance Numbers (CFDA) are to be used 5121–5207 (the ‘‘Stafford Act’’) for all of COVID–19 and to Increase for reporting and drawing funds: 97.030, the COVID–19 emergency and major Reimbursement and Other Assistance Community Disaster Loans; 97.031, Cora disaster declarations. FEMA is Provided to States, dated January 21, Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, amending this declaration as follows: 2021 and the President’s Memorandum Disaster Unemployment Assistance (DUA); Federal funds for emergency protective on Maximizing Assistance from the 97.046, Fire Management Assistance Grant; measures (Category B), including direct Federal Emergency Management 97.048, Disaster Housing Assistance to Federal assistance, under the Public Agency, dated February 2, 2021 FEMA Individuals and Households In Presidentially Assistance program (Section 403) are is amending the cost-sharing Declared Disaster Areas; 97.049, authorized at 100 percent of total eligible arrangements regarding Federal funds Presidentially Declared Disaster Assistance— costs for work performed from January 20, provided under the authority of the Disaster Housing Operations for Individuals 2020 through September 30, 2021. Robert T. Stafford Disaster Relief and and Households; 97.050, Presidentially (The following Catalog of Federal Domestic Emergency Assistance Act, 42 U.S.C. Declared Disaster Assistance to Individuals Assistance Numbers (CFDA) are to be used and Households—Other Needs; 97.036, 5121–5207 (the ‘‘Stafford Act’’) for all of for reporting and drawing funds: 97.030, the COVID–19 emergency and major Disaster Grants—Public Assistance Community Disaster Loans; 97.031, Cora (Presidentially Declared Disasters); 97.039, Brown Fund; 97.032, Crisis Counseling; disaster declarations. FEMA is Hazard Mitigation Grant.) 97.033, Disaster Legal Services; 97.034, amending this declaration as follows: Robert J. Fenton, Disaster Unemployment Assistance (DUA); Federal funds for emergency protective 97.046, Fire Management Assistance Grant; measures (Category B), including direct Senior Official Performing the Duties of the 97.048, Disaster Housing Assistance to Federal assistance, under the Public Administrator, Federal Emergency Individuals and Households In Presidentially Assistance program (Section 403) are Management Agency. Declared Disaster Areas; 97.049, authorized at 100 percent of total eligible [FR Doc. 2021–07909 Filed 4–16–21; 8:45 am] Presidentially Declared Disaster Assistance— costs for work performed from January 20, BILLING CODE 9111–23–P Disaster Housing Operations for Individuals 2020 through September 30, 2021. and Households; 97.050, Presidentially (The following Catalog of Federal Domestic Declared Disaster Assistance to Individuals Assistance Numbers (CFDA) are to be used DEPARTMENT OF HOMELAND and Households—Other Needs; 97.036, for reporting and drawing funds: 97.030, SECURITY Disaster Grants—Public Assistance Community Disaster Loans; 97.031, Cora (Presidentially Declared Disasters); 97.039, Brown Fund; 97.032, Crisis Counseling; Federal Emergency Management Hazard Mitigation Grant). 97.033, Disaster Legal Services; 97.034, Agency Disaster Unemployment Assistance (DUA); Robert J. Fenton, 97.046, Fire Management Assistance Grant; [Internal Agency Docket No. FEMA–4529– Senior Official Performing the Duties of the 97.048, Disaster Housing Assistance to DR; Docket ID FEMA–2021–0001] Administrator, Federal Emergency Individuals and Households In Presidentially Management Agency. Declared Disaster Areas; 97.049, New Mexico; Amendment No. 2 to [FR Doc. 2021–07936 Filed 4–16–21; 8:45 am] Presidentially Declared Disaster Assistance— Notice of a Major Disaster Declaration BILLING CODE 9111–23–P Disaster Housing Operations for Individuals and Households; 97.050, Presidentially AGENCY: Federal Emergency Declared Disaster Assistance to Individuals Management Agency, DHS. DEPARTMENT OF HOMELAND and Households—Other Needs; 97.036, ACTION: Notice. Disaster Grants—Public Assistance SECURITY (Presidentially Declared Disasters); 97.039, SUMMARY: This notice amends the notice Hazard Mitigation Grant.) Federal Emergency Management of a major disaster declaration for the Agency Robert J. Fenton, State of New Mexico (FEMA–4529–DR), Senior Official Performing the Duties of the dated April 5, 2020, and related [Internal Agency Docket No. FEMA–4534– Administrator, Federal Emergency DR; Docket ID FEMA–2021–0001] determinations. Management Agency. DATES: This amendment was issued Idaho; Amendment No. 3 to Notice of [FR Doc. 2021–07941 Filed 4–16–21; 8:45 am] February 2, 2021. a Major Disaster Declaration BILLING CODE 9111–23–P FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and AGENCY: Federal Emergency Recovery, Federal Emergency Management Agency, DHS. DEPARTMENT OF HOMELAND Management Agency, 500 C Street SW, ACTION: Notice. SECURITY Washington, DC 20472, (202) 646–2833. SUMMARY: This notice amends the notice Federal Emergency Management SUPPLEMENTARY INFORMATION: Notice is of a major disaster declaration for the Agency hereby given that, pursuant to the State of Idaho (FEMA–4534–DR), dated President’s Memorandum to Extend April 9, 2020, and related [Internal Agency Docket No. FEMA–4509– DR; Docket ID FEMA–2021–0001] Federal Support to Governors’ Use of determinations. the National Guard to Respond to COVID–19 and to Increase DATES: This amendment was issued North Dakota; Amendment No. 3 to Reimbursement and Other Assistance February 2, 2021. Notice of a Major Disaster Declaration Provided to States, dated January 21, FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Emergency 2021 and the President’s Memorandum Dean Webster, Office of Response and Management Agency, DHS. Recovery, Federal Emergency on Maximizing Assistance from the ACTION: Notice. Federal Emergency Management Management Agency, 500 C Street SW, Agency, dated February 2, 2021 FEMA Washington, DC 20472, (202) 646–2833. SUMMARY: This notice amends the notice is amending the cost-sharing SUPPLEMENTARY INFORMATION: Notice is of a major disaster declaration for the arrangements regarding Federal funds hereby given that, pursuant to the State of North Dakota (FEMA–4509– provided under the authority of the President’s Memorandum to Extend DR), dated April 1, 2020, and related Robert T. Stafford Disaster Relief and Federal Support to Governors’ Use of determinations.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20389

DATES: This amendment was issued DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND February 2, 2021. SECURITY SECURITY FOR FURTHER INFORMATION CONTACT: Federal Emergency Management Federal Emergency Management Dean Webster, Office of Response and Agency Agency Recovery, Federal Emergency Management Agency, 500 C Street SW, [Internal Agency Docket No. FEMA–4511– [Internal Agency Docket No. FEMA–4507– DR; Docket ID FEMA–2021–0001] DR; Docket ID FEMA–2021–0001] Washington, DC 20472, (202) 646–2833. SUPPLEMENTARY INFORMATION: Notice is Commonwealth of the Northern Ohio; Amendment No. 3 to Notice of a hereby given that, pursuant to the Mariana Islands; Amendment No. 2 to Major Disaster Declaration Notice of a Major Disaster Declaration President’s Memorandum to Extend AGENCY: Federal Emergency Federal Support to Governors’ Use of AGENCY: Federal Emergency Management Agency, DHS. the National Guard to Respond to Management Agency, DHS. ACTION: Notice. COVID–19 and to Increase ACTION: Notice. Reimbursement and Other Assistance SUMMARY: This notice amends the notice Provided to States, dated January 21, SUMMARY: This notice amends the notice of a major disaster declaration for the 2021 and the President’s Memorandum of a major disaster declaration for the State of Ohio (FEMA–4507–DR), dated on Maximizing Assistance from the Commonwealth of the Northern Mariana March 31, 2020, and related Federal Emergency Management Islands (FEMA–4511–DR), dated April determinations. Agency, dated February 2, 2021 FEMA 1, 2020, and related determinations. DATES: This amendment was issued is amending the cost-sharing DATES: This amendment was issued February 2, 2021. arrangements regarding Federal funds March 19, 2021. FOR FURTHER INFORMATION CONTACT: provided under the authority of the FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and Robert T. Stafford Disaster Relief and Dean Webster, Office of Response and Recovery, Federal Emergency Emergency Assistance Act, 42 U.S.C. Recovery, Federal Emergency Management Agency, 500 C Street SW, 5121–5207 (the ‘‘Stafford Act’’) for all of Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646–2833. the COVID–19 emergency and major Washington, DC 20472, (202) 646–2833. SUPPLEMENTARY INFORMATION: Notice is disaster declarations. FEMA is SUPPLEMENTARY INFORMATION: The notice hereby given that, pursuant to the amending this declaration as follows: of a major disaster declaration for the President’s Memorandum to Extend Commonwealth of the Northern Mariana Federal Support to Governors’ Use of Federal funds for emergency protective Islands is hereby amended to include the National Guard to Respond to measures (Category B), including direct Individual Assistance limited to the COVID–19 and to Increase Federal assistance, under the Public Crisis Counseling Program for those Reimbursement and Other Assistance Assistance program (Section 403) are areas determined to have been adversely Provided to States, dated January 21, authorized at 100 percent of total eligible affected by the event declared a major 2021 and the President’s Memorandum costs for work performed from January 20, disaster by the President in his on Maximizing Assistance from the 2020 through September 30, 2021. declaration of April 1, 2020. Federal Emergency Management (The following Catalog of Federal Domestic Individual Assistance limited to the Crisis Agency, dated February 2, 2021 FEMA Assistance Numbers (CFDA) are to be used Counseling Program for all islands in the is amending the cost-sharing for reporting and drawing funds: 97.030, Commonwealth of the Northern Mariana arrangements regarding Federal funds Community Disaster Loans; 97.031, Cora Islands (already designated for emergency provided under the authority of the Brown Fund; 97.032, Crisis Counseling; protective measures [Category B] not Robert T. Stafford Disaster Relief and 97.033, Disaster Legal Services; 97.034, authorized under other Federal statutes, Emergency Assistance Act, 42 U.S.C. Disaster Unemployment Assistance (DUA); including direct Federal assistance). 5121–5207 (the ‘‘Stafford Act’’) for all of 97.046, Fire Management Assistance Grant; The following Catalog of Federal Domestic the COVID–19 emergency and major 97.048, Disaster Housing Assistance to Assistance Numbers (CFDA) are to be used disaster declarations. FEMA is Individuals and Households In Presidentially for reporting and drawing funds: 97.030, amending this declaration as follows: Declared Disaster Areas; 97.049, Community Disaster Loans; 97.031, Cora Presidentially Declared Disaster Assistance— Brown Fund; 97.032, Crisis Counseling; Federal funds for emergency protective Disaster Housing Operations for Individuals 97.033, Disaster Legal Services; 97.034, measures (Category B), including direct Disaster Unemployment Assistance (DUA); and Households; 97.050, Presidentially Federal assistance, under the Public 97.046, Fire Management Assistance Grant; Declared Disaster Assistance to Individuals Assistance program (Section 403) are 97.048, Disaster Housing Assistance to authorized at 100 percent of total eligible and Households—Other Needs; 97.036, Individuals and Households In Presidentially costs for work performed from January 20, Disaster Grants—Public Assistance Declared Disaster Areas; 97.049, 2020 through September 30, 2021. (Presidentially Declared Disasters); 97.039, Presidentially Declared Disaster Assistance— (The following Catalog of Federal Domestic Hazard Mitigation Grant.) Disaster Housing Operations for Individuals Assistance Numbers (CFDA) are to be used and Households; 97.050, Presidentially Robert J. Fenton, for reporting and drawing funds: 97.030, Declared Disaster Assistance to Individuals Community Disaster Loans; 97.031, Cora Senior Official Performing the Duties of the and Households—Other Needs; 97.036, Brown Fund; 97.032, Crisis Counseling; Administrator, Federal Emergency Disaster Grants—Public Assistance 97.033, Disaster Legal Services; 97.034, Management Agency. (Presidentially Declared Disasters); 97.039, Disaster Unemployment Assistance (DUA); [FR Doc. 2021–07924 Filed 4–16–21; 8:45 am] Hazard Mitigation Grant. 97.046, Fire Management Assistance Grant; BILLING CODE 9111–23–P Robert J. Fenton, 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Senior Official Performing the Duties of the Declared Disaster Areas; 97.049, Administrator, Federal Emergency Presidentially Declared Disaster Assistance— Management Agency. Disaster Housing Operations for Individuals [FR Doc. 2021–07908 Filed 4–16–21; 8:45 am] and Households; 97.050, Presidentially BILLING CODE 9111–23–P Declared Disaster Assistance to Individuals

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20390 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

and Households—Other Needs; 97.036, (The following Catalog of Federal Domestic Emergency Assistance Act, 42 U.S.C. Disaster Grants—Public Assistance Assistance Numbers (CFDA) are to be used 5121–5207 (the ‘‘Stafford Act’’) for all of (Presidentially Declared Disasters); 97.039, for reporting and drawing funds: 97.030, the COVID–19 emergency and major Hazard Mitigation Grant.) Community Disaster Loans; 97.031, Cora disaster declarations. FEMA is Brown Fund; 97.032, Crisis Counseling; Robert J. Fenton, 97.033, Disaster Legal Services; 97.034, amending this declaration as follows: Senior Official Performing the Duties of the Disaster Unemployment Assistance (DUA); Federal funds for emergency protective Administrator, Federal Emergency 97.046, Fire Management Assistance Grant; measures (Category B), including direct Management Agency. 97.048, Disaster Housing Assistance to Federal assistance, under the Public [FR Doc. 2021–07922 Filed 4–16–21; 8:45 am] Individuals and Households In Presidentially Assistance program (Section 403) are Declared Disaster Areas; 97.049, BILLING CODE 9111–23–P authorized at 100 percent of total eligible Presidentially Declared Disaster Assistance— costs for work performed from January 20, Disaster Housing Operations for Individuals 2020 through September 30, 2021. and Households; 97.050, Presidentially (The following Catalog of Federal Domestic DEPARTMENT OF HOMELAND Declared Disaster Assistance to Individuals SECURITY Assistance Numbers (CFDA) are to be used and Households—Other Needs; 97.036, for reporting and drawing funds: 97.030, Disaster Grants—Public Assistance Community Disaster Loans; 97.031, Cora Federal Emergency Management (Presidentially Declared Disasters); 97.039, Agency Brown Fund; 97.032, Crisis Counseling; Hazard Mitigation Grant.) 97.033, Disaster Legal Services; 97.034, [Internal Agency Docket No. FEMA–4502– Robert J. Fenton, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; DR; Docket ID FEMA–2021–0001] Senior Official Performing the Duties of the 97.048, Disaster Housing Assistance to Administrator, Federal Emergency Individuals and Households In Presidentially District of Columbia; Amendment No. 3 Management Agency. Declared Disaster Areas; 97.049, to Notice of a Major Disaster [FR Doc. 2021–07912 Filed 4–16–21; 8:45 am] Declaration Presidentially Declared Disaster Assistance— BILLING CODE 9111–23–P Disaster Housing Operations for Individuals AGENCY: Federal Emergency and Households; 97.050, Presidentially Management Agency, DHS. Declared Disaster Assistance to Individuals DEPARTMENT OF HOMELAND and Households—Other Needs; 97.036, ACTION: Notice. SECURITY Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, SUMMARY: This notice amends the notice Federal Emergency Management Hazard Mitigation Grant.) of a major disaster declaration for the Agency District of Columbia (FEMA–4502–DR), Robert J. Fenton, dated March 29, 2020, and related [Internal Agency Docket No. FEMA–4530– Senior Official Performing the Duties of the determinations. DR; Docket ID FEMA–2021–0001] Administrator, Federal Emergency Management Agency. DATES: This amendment was issued Oklahoma; Amendment No. 2 to Notice [FR Doc. 2021–07937 Filed 4–16–21; 8:45 am] February 2, 2021. of a Major Disaster Declaration BILLING CODE 9111–23–P FOR FURTHER INFORMATION CONTACT: AGENCY: Dean Webster, Office of Response and Federal Emergency Management Agency, DHS. Recovery, Federal Emergency DEPARTMENT OF HOMELAND Management Agency, 500 C Street SW, ACTION: Notice. SECURITY Washington, DC 20472, (202) 646–2833. SUMMARY: This notice amends the notice Federal Emergency Management SUPPLEMENTARY INFORMATION: Notice is of a major disaster declaration for the Agency hereby given that, pursuant to the State of Oklahoma (FEMA–4530–DR), President’s Memorandum to Extend dated April 5, 2020, and related [Internal Agency Docket No. FEMA–4535– Federal Support to Governors’ Use of determinations. DR; Docket ID FEMA–2021–0001] the National Guard to Respond to DATES: This amendment was issued COVID–19 and to Increase Wyoming; Amendment No. 3 to Notice February 2, 2021. Reimbursement and Other Assistance of a Major Disaster Declaration FOR FURTHER INFORMATION CONTACT: Provided to States, dated January 21, Dean Webster, Office of Response and AGENCY: Federal Emergency 2021 and the President’s Memorandum Management Agency, DHS. on Maximizing Assistance from the Recovery, Federal Emergency ACTION: Notice. Federal Emergency Management Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646–2833. Agency, dated February 2, 2021 FEMA SUMMARY: This notice amends the notice SUPPLEMENTARY INFORMATION: is amending the cost-sharing Notice is of a major disaster declaration for the arrangements regarding Federal funds hereby given that, pursuant to the State of Wyoming (FEMA–4535–DR), provided under the authority of the President’s Memorandum to Extend dated April 11, 2020, and related Robert T. Stafford Disaster Relief and Federal Support to Governors’ Use of determinations. Emergency Assistance Act, 42 U.S.C. the National Guard to Respond to DATES: This amendment was issued 5121–5207 (the ‘‘Stafford Act’’) for all of COVID–19 and to Increase February 2, 2021. the COVID–19 emergency and major Reimbursement and Other Assistance FOR FURTHER INFORMATION CONTACT: disaster declarations. FEMA is Provided to States, dated January 21, amending this declaration as follows: 2021 and the President’s Memorandum Dean Webster, Office of Response and on Maximizing Assistance from the Recovery, Federal Emergency Federal funds for emergency protective Federal Emergency Management Management Agency, 500 C Street SW, measures (Category B), including direct Washington, DC 20472, (202) 646–2833. Federal assistance, under the Public Agency, dated February 2, 2021 FEMA Assistance program (Section 403) are is amending the cost-sharing SUPPLEMENTARY INFORMATION: Notice is authorized at 100 percent of total eligible arrangements regarding Federal funds hereby given that, pursuant to the costs for work performed from January 20, provided under the authority of the President’s Memorandum to Extend 2020 through September 30, 2021. Robert T. Stafford Disaster Relief and Federal Support to Governors’ Use of

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20391

the National Guard to Respond to DATES: This amendment was issued DEPARTMENT OF HOMELAND COVID–19 and to Increase February 2, 2021. SECURITY Reimbursement and Other Assistance FOR FURTHER INFORMATION CONTACT: Provided to States, dated January 21, Federal Emergency Management 2021 and the President’s Memorandum Dean Webster, Office of Response and Agency on Maximizing Assistance from the Recovery, Federal Emergency Management Agency, 500 C Street SW, [Internal Agency Docket No. FEMA–4588– Federal Emergency Management DR; Docket ID FEMA–2021–0001] Agency, dated February 2, 2021 FEMA Washington, DC 20472, (202) 646–2833. is amending the cost-sharing SUPPLEMENTARY INFORMATION: Notice is North Carolina; Major Disaster and arrangements regarding Federal funds hereby given that, pursuant to the Related Determinations provided under the authority of the President’s Memorandum to Extend Robert T. Stafford Disaster Relief and AGENCY: Federal Emergency Federal Support to Governors’ Use of Management Agency, DHS. Emergency Assistance Act, 42 U.S.C. the National Guard to Respond to ACTION: Notice. 5121–5207 (the ‘‘Stafford Act’’) for all of COVID–19 and to Increase the COVID–19 emergency and major Reimbursement and Other Assistance disaster declarations. FEMA is SUMMARY: This is a notice of the Provided to States, dated January 21, amending this declaration as follows: Presidential declaration of a major 2021 and the President’s Memorandum disaster for the State of North Carolina Federal funds for emergency protective on Maximizing Assistance from the (FEMA–4588–DR), dated March 3, 2021, measures (Category B), including direct Federal assistance, under the Public Federal Emergency Management and related determinations. Assistance program (Section 403) are Agency, dated February 2, 2021 FEMA DATES: The declaration was issued authorized at 100 percent of total eligible is amending the cost-sharing March 3, 2021. costs for work performed from January 20, arrangements regarding Federal funds FOR FURTHER INFORMATION CONTACT: 2020 through September 30, 2021. provided under the authority of the Dean Webster, Office of Response and (The following Catalog of Federal Domestic Robert T. Stafford Disaster Relief and Recovery, Federal Emergency Assistance Numbers (CFDA) are to be used Emergency Assistance Act, 42 U.S.C. for reporting and drawing funds: 97.030, Management Agency, 500 C Street SW, Community Disaster Loans; 97.031, Cora 5121–5207 (the ‘‘Stafford Act’’) for all of Washington, DC 20472, (202) 646–2833. Brown Fund; 97.032, Crisis Counseling; the COVID–19 emergency and major SUPPLEMENTARY INFORMATION: Notice is 97.033, Disaster Legal Services; 97.034, disaster declarations. FEMA is hereby given that, in a letter dated Disaster Unemployment Assistance (DUA); amending this declaration as follows: March 3, 2021, the President issued a 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Federal funds for emergency protective major disaster declaration under the Individuals and Households In Presidentially measures (Category B), including direct authority of the Robert T. Stafford Declared Disaster Areas; 97.049, Federal assistance, under the Public Disaster Relief and Emergency Presidentially Declared Disaster Assistance— Assistance program (Section 403) are Assistance Act, 42 U.S.C. 5121 et seq. Disaster Housing Operations for Individuals authorized at 100 percent of total eligible (the ‘‘Stafford Act’’), as follows: and Households; 97.050, Presidentially costs for work performed from January 20, I have determined that the damage in Declared Disaster Assistance to Individuals 2020 through September 30, 2021. certain areas of the State of North Carolina and Households—Other Needs; 97.036, resulting from Tropical Storm Eta during the Disaster Grants—Public Assistance (The following Catalog of Federal Domestic period of November 12 to November 15, (Presidentially Declared Disasters); 97.039, Assistance Numbers (CFDA) are to be used 2020, is of sufficient severity and magnitude Hazard Mitigation Grant.) for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora to warrant a major disaster declaration under Robert J. Fenton, Brown Fund; 97.032, Crisis Counseling; the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et Senior Official Performing the Duties of the 97.033, Disaster Legal Services; 97.034, seq. (the ‘‘Stafford Act’’). Therefore, I declare Administrator, Federal Emergency Disaster Unemployment Assistance (DUA); Management Agency. that such a major disaster exists in the State 97.046, Fire Management Assistance Grant; of North Carolina. [FR Doc. 2021–07942 Filed 4–16–21; 8:45 am] 97.048, Disaster Housing Assistance to In order to provide Federal assistance, you BILLING CODE 9111–23–P Individuals and Households In Presidentially are hereby authorized to allocate from funds Declared Disaster Areas; 97.049, available for these purposes such amounts as Presidentially Declared Disaster Assistance— you find necessary for Federal disaster DEPARTMENT OF HOMELAND Disaster Housing Operations for Individuals assistance and administrative expenses. SECURITY and Households; 97.050, Presidentially You are authorized to provide Public Declared Disaster Assistance to Individuals Assistance in the designated areas and Federal Emergency Management and Households—Other Needs; 97.036, Hazard Mitigation throughout the state. Consistent with the requirement that Federal Agency Disaster Grants—Public Assistance assistance be supplemental, any Federal [Internal Agency Docket No. FEMA–4513– (Presidentially Declared Disasters); 97.039, funds provided under the Stafford Act for DR; Docket ID FEMA–2021–0001] Hazard Mitigation Grant.) Public Assistance and Hazard Mitigation will Robert J. Fenton, be limited to 75 percent of the total eligible Virgin Islands; Amendment No. 5 to costs. Notice of a Major Disaster Declaration Senior Official Performing the Duties of the Further, you are authorized to make Administrator, Federal Emergency changes to this declaration for the approved AGENCY: Federal Emergency Management Agency. assistance to the extent allowable under the Management Agency, DHS. [FR Doc. 2021–07916 Filed 4–16–21; 8:45 am] Stafford Act. ACTION: Notice. BILLING CODE 9111–23–P The Federal Emergency Management SUMMARY: This notice amends the notice Agency (FEMA) hereby gives notice that of a major disaster declaration for the pursuant to the authority vested in the territory of the U.S. Virgin Islands Administrator, under Executive Order (FEMA–4513–DR), dated April 2, 2020, 12148, as amended, Myra M. Shird, of and related determinations. FEMA is appointed to act as the Federal

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20392 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

Coordinating Officer for this major Federal Support to Governors’ Use of dated April 7, 2020, and related disaster. the National Guard to Respond to determinations. The following areas of the State of North COVID–19 and to Increase Carolina have been designated as Reimbursement and Other Assistance DATES: This amendment was issued adversely affected by this major disaster: Provided to States, dated January 21, February 2, 2021. Alexander, Alleghany, Ashe, Beaufort, 2021 and the President’s Memorandum FOR FURTHER INFORMATION CONTACT: Burke, Caldwell, Davidson, Davie, Duplin, on Maximizing Assistance from the Dean Webster, Office of Response and Edgecombe, Hertford, Iredell, Robeson, Federal Emergency Management Recovery, Federal Emergency Rowan, Sampson, Stokes, Wilkes, Wilson, Agency, dated February 2, 2021 FEMA Management Agency, 500 C Street SW, and Yadkin Counties for Public Assistance. is amending the cost-sharing Washington, DC 20472, (202) 646–2833. All areas within the State of North Carolina arrangements regarding Federal funds are eligible for assistance under the Hazard provided under the authority of the SUPPLEMENTARY INFORMATION: Notice is Mitigation Grant Program. Robert T. Stafford Disaster Relief and hereby given that, pursuant to the The following Catalog of Federal Domestic Emergency Assistance Act, 42 U.S.C. President’s Memorandum to Extend Assistance Numbers (CFDA) are to be used 5121–5207 (the ‘‘Stafford Act’’) for all of for reporting and drawing funds: 97.030, Federal Support to Governors’ Use of Community Disaster Loans; 97.031, Cora the COVID–19 emergency and major the National Guard to Respond to Brown Fund; 97.032, Crisis Counseling; disaster declarations. FEMA is COVID–19 and to Increase 97.033, Disaster Legal Services; 97.034, amending this declaration as follows: Reimbursement and Other Assistance Disaster Unemployment Assistance (DUA); Federal funds for emergency protective Provided to States, dated January 21, 97.046, Fire Management Assistance Grant; measures (Category B), including direct 2021 and the President’s Memorandum 97.048, Disaster Housing Assistance to Federal assistance, under the Public Individuals and Households In Presidentially on Maximizing Assistance from the Assistance program (Section 403) are Federal Emergency Management Declared Disaster Areas; 97.049, authorized at 100 percent of total eligible Presidentially Declared Disaster Assistance— costs for work performed from January 20, Agency, dated February 2, 2021 FEMA Disaster Housing Operations for Individuals 2020 through September 30, 2021. is amending the cost-sharing and Households; 97.050, Presidentially (The following Catalog of Federal Domestic arrangements regarding Federal funds Declared Disaster Assistance to Individuals Assistance Numbers (CFDA) are to be used provided under the authority of the and Households—Other Needs; 97.036, for reporting and drawing funds: 97.030, Robert T. Stafford Disaster Relief and Disaster Grants—Public Assistance Community Disaster Loans; 97.031, Cora (Presidentially Declared Disasters); 97.039, Emergency Assistance Act, 42 U.S.C. Brown Fund; 97.032, Crisis Counseling; Hazard Mitigation Grant. 5121–5207 (the ‘‘Stafford Act’’) for all of 97.033, Disaster Legal Services; 97.034, the COVID–19 emergency and major Robert J. Fenton, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; disaster declarations. FEMA is Senior Official Performing the Duties of the amending this declaration as follows: Administrator, Federal Emergency 97.048, Disaster Housing Assistance to Management Agency. Individuals and Households In Presidentially Federal funds for emergency protective Declared Disaster Areas; 97.049, measures (Category B), including direct [FR Doc. 2021–07948 Filed 4–16–21; 8:45 am] Presidentially Declared Disaster Assistance— Federal assistance, under the Public BILLING CODE 9111–23–P Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Assistance program (Section 403) are Declared Disaster Assistance to Individuals authorized at 100 percent of total eligible DEPARTMENT OF HOMELAND and Households—Other Needs; 97.036, costs for work performed from January 20, SECURITY Disaster Grants—Public Assistance 2020 through September 30, 2021. (Presidentially Declared Disasters); 97.039, (The following Catalog of Federal Domestic Federal Emergency Management Hazard Mitigation Grant.) Assistance Numbers (CFDA) are to be used Agency Robert J. Fenton, for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora [Internal Agency Docket No. FEMA–4532– Senior Official Performing the Duties of the DR; Docket ID FEMA–2021–0001] Administrator, Federal Emergency Brown Fund; 97.032, Crisis Counseling; Management Agency. 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); Vermont; Amendment No. 3 to Notice [FR Doc. 2021–07939 Filed 4–16–21; 8:45 am] of a Major Disaster Declaration 97.046, Fire Management Assistance Grant; BILLING CODE 9111–23–P 97.048, Disaster Housing Assistance to AGENCY: Federal Emergency Individuals and Households In Presidentially Management Agency, DHS. DEPARTMENT OF HOMELAND Declared Disaster Areas; 97.049, ACTION: Notice. SECURITY Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals SUMMARY: This notice amends the notice and Households; 97.050, Presidentially of a major disaster declaration for the Federal Emergency Management Agency Declared Disaster Assistance to Individuals State of Vermont (FEMA–4532–DR), and Households—Other Needs; 97.036, dated April 8, 2020, and related [Internal Agency Docket No. FEMA–4531– Disaster Grants—Public Assistance determinations. DR; Docket ID FEMA–2021–0001] (Presidentially Declared Disasters); 97.039, DATES: This amendment was issued Hazard Mitigation Grant.) February 2, 2021. Minnesota; Amendment No. 3 to Notice Robert J. Fenton, FOR FURTHER INFORMATION CONTACT: of a Major Disaster Declaration Senior Official Performing the Duties of the Dean Webster, Office of Response and AGENCY: Federal Emergency Recovery, Federal Emergency Administrator, Federal Emergency Management Agency, DHS. Management Agency. Management Agency, 500 C Street SW, ACTION: Notice. Washington, DC 20472, (202) 646–2833. [FR Doc. 2021–07938 Filed 4–16–21; 8:45 am] SUPPLEMENTARY INFORMATION: Notice is SUMMARY: This notice amends the notice BILLING CODE 9111–23–P hereby given that, pursuant to the of a major disaster declaration for the President’s Memorandum to Extend State of Minnesota (FEMA–4531–DR),

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4703 Sfmt 9990 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20393

DEPARTMENT OF HOMELAND and Households—Other Needs; 97.036, for reporting and drawing funds: 97.030, SECURITY Disaster Grants—Public Assistance Community Disaster Loans; 97.031, Cora (Presidentially Declared Disasters); 97.039, Brown Fund; 97.032, Crisis Counseling; Federal Emergency Management Hazard Mitigation Grant.) 97.033, Disaster Legal Services; 97.034, Agency Disaster Unemployment Assistance (DUA); Robert J. Fenton, 97.046, Fire Management Assistance Grant; [Internal Agency Docket No. FEMA–4505– Senior Official Performing the Duties of the 97.048, Disaster Housing Assistance to DR; Docket ID FEMA–2021–0001] Administrator, Federal Emergency Individuals and Households In Presidentially Management Agency. Declared Disaster Areas; 97.049, Rhode Island; Amendment No. 3 to [FR Doc. 2021–07920 Filed 4–16–21; 8:45 am] Presidentially Declared Disaster Assistance— Notice of a Major Disaster Declaration BILLING CODE 9111–23–P Disaster Housing Operations for Individuals and Households; 97.050, Presidentially AGENCY: Federal Emergency Declared Disaster Assistance to Individuals Management Agency, DHS. DEPARTMENT OF HOMELAND and Households—Other Needs; 97.036, ACTION: Notice. Disaster Grants—Public Assistance SECURITY (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) SUMMARY: This notice amends the notice Federal Emergency Management of a major disaster declaration for the Agency Robert J. Fenton, State of Rhode Island (FEMA–4505–DR), Senior Official Performing the Duties of the [Internal Agency Docket No. FEMA–4520– dated March 30, 2020, and related Administrator, Federal Emergency DR; Docket ID FEMA–2021–0001] determinations. Management Agency. DATES: This amendment was issued Wisconsin; Amendment No. 3 to Notice [FR Doc. 2021–07927 Filed 4–16–21; 8:45 am] February 2, 2021. of a Major Disaster Declaration BILLING CODE 9111–23–P FOR FURTHER INFORMATION CONTACT: AGENCY: Dean Webster, Office of Response and Federal Emergency Recovery, Federal Emergency Management Agency, DHS. DEPARTMENT OF HOMELAND Management Agency, 500 C Street SW, ACTION: Notice. SECURITY Washington, DC 20472, (202) 646–2833. SUMMARY: This notice amends the notice Federal Emergency Management SUPPLEMENTARY INFORMATION: Notice is of a major disaster declaration for the Agency hereby given that, pursuant to the State of Wisconsin (FEMA–4520–DR), President’s Memorandum to Extend dated April 4, 2020, and related [Internal Agency Docket No. FEMA–4514– DR; Docket ID FEMA–2021–0001] Federal Support to Governors’ Use of determinations. the National Guard to Respond to DATES: This amendment was issued Tennessee; Amendment No. 2 to COVID–19 and to Increase February 2, 2021. Notice of a Major Disaster Declaration Reimbursement and Other Assistance FOR FURTHER INFORMATION CONTACT: Provided to States, dated January 21, AGENCY: Federal Emergency 2021 and the President’s Memorandum Dean Webster, Office of Response and Management Agency, DHS. Recovery, Federal Emergency on Maximizing Assistance from the ACTION: Notice. Federal Emergency Management Management Agency, 500 C Street SW, Agency, dated February 2, 2021 FEMA Washington, DC 20472, (202) 646–2833. SUMMARY: This notice amends the notice is amending the cost-sharing SUPPLEMENTARY INFORMATION: Notice is of a major disaster declaration for the arrangements regarding Federal funds hereby given that, pursuant to the State of Tennessee (FEMA–4514–DR), provided under the authority of the President’s Memorandum to Extend dated April 2, 2020, and related Robert T. Stafford Disaster Relief and Federal Support to Governors’ Use of determinations. Emergency Assistance Act, 42 U.S.C. the National Guard to Respond to DATES: This amendment was issued 5121–5207 (the ‘‘Stafford Act’’) for all of COVID–19 and to Increase February 2, 2021. Reimbursement and Other Assistance the COVID–19 emergency and major FOR FURTHER INFORMATION CONTACT: Provided to States, dated January 21, disaster declarations. FEMA is Dean Webster, Office of Response and 2021 and the President’s Memorandum amending this declaration as follows: Recovery, Federal Emergency on Maximizing Assistance from the Management Agency, 500 C Street SW, Federal funds for emergency protective Federal Emergency Management measures (Category B), including direct Washington, DC 20472, (202) 646–2833. Federal assistance, under the Public Agency, dated February 2, 2021 FEMA is amending the cost-sharing SUPPLEMENTARY INFORMATION: Notice is Assistance program (Section 403) are hereby given that, pursuant to the authorized at 100 percent of total eligible arrangements regarding Federal funds costs for work performed from January 20, provided under the authority of the President’s Memorandum to Extend 2020 through September 30, 2021. Robert T. Stafford Disaster Relief and Federal Support to Governors’ Use of (The following Catalog of Federal Domestic Emergency Assistance Act, 42 U.S.C. the National Guard to Respond to Assistance Numbers (CFDA) are to be used 5121–5207 (the ‘‘Stafford Act’’) for all of COVID–19 and to Increase for reporting and drawing funds: 97.030, the COVID–19 emergency and major Reimbursement and Other Assistance Community Disaster Loans; 97.031, Cora disaster declarations. FEMA is Provided to States, dated January 21, Brown Fund; 97.032, Crisis Counseling; amending this declaration as follows: 2021 and the President’s Memorandum 97.033, Disaster Legal Services; 97.034, on Maximizing Assistance from the Disaster Unemployment Assistance (DUA); Federal funds for emergency protective Federal Emergency Management 97.046, Fire Management Assistance Grant; measures (Category B), including direct Agency, dated February 2, 2021 FEMA Federal assistance, under the Public 97.048, Disaster Housing Assistance to is amending the cost-sharing Individuals and Households In Presidentially Assistance program (Section 403) are Declared Disaster Areas; 97.049, authorized at 100 percent of total eligible arrangements regarding Federal funds Presidentially Declared Disaster Assistance— costs for work performed from January 20, provided under the authority of the Disaster Housing Operations for Individuals 2020 through September 30, 2021. Robert T. Stafford Disaster Relief and and Households; 97.050, Presidentially (The following Catalog of Federal Domestic Emergency Assistance Act, 42 U.S.C. Declared Disaster Assistance to Individuals Assistance Numbers (CFDA) are to be used 5121–5207 (the ‘‘Stafford Act’’) for all of

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20394 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

the COVID–19 emergency and major a major disaster by the President in his is amending the cost-sharing disaster declarations. FEMA is declaration of February 4, 2021. arrangements regarding Federal funds amending this declaration as follows: Ferry County for Public Assistance. provided under the authority of the Federal funds for emergency protective Robert T. Stafford Disaster Relief and The following Catalog of Federal Domestic Emergency Assistance Act, 42 U.S.C. measures (Category B), including direct Assistance Numbers (CFDA) are to be used Federal assistance, under the Public for reporting and drawing funds: 97.030, 5121–5207 (the ‘‘Stafford Act’’) for all of Assistance program (Section 403) are Community Disaster Loans; 97.031, Cora the COVID–19 emergency and major authorized at 100 percent of total eligible Brown Fund; 97.032, Crisis Counseling; disaster declarations. FEMA is costs for work performed from January 20, 97.033, Disaster Legal Services; 97.034, amending this declaration as follows: 2020 through September 30, 2021. Disaster Unemployment Assistance (DUA); Federal funds for emergency protective (The following Catalog of Federal Domestic 97.046, Fire Management Assistance Grant; measures (Category B), including direct Assistance Numbers (CFDA) are to be used 97.048, Disaster Housing Assistance to Federal assistance, under the Public for reporting and drawing funds: 97.030, Individuals and Households In Presidentially Assistance program (Section 403) are Community Disaster Loans; 97.031, Cora Declared Disaster Areas; 97.049, authorized at 100 percent of total eligible Brown Fund; 97.032, Crisis Counseling; Presidentially Declared Disaster Assistance— costs for work performed from January 20, 97.033, Disaster Legal Services; 97.034, Disaster Housing Operations for Individuals 2020 through September 30, 2021. Disaster Unemployment Assistance (DUA); and Households; 97.050, Presidentially (The following Catalog of Federal Domestic 97.046, Fire Management Assistance Grant; Declared Disaster Assistance to Individuals Assistance Numbers (CFDA) are to be used 97.048, Disaster Housing Assistance to and Households—Other Needs; 97.036, for reporting and drawing funds: 97.030, Individuals and Households In Presidentially Disaster Grants—Public Assistance Community Disaster Loans; 97.031, Cora Declared Disaster Areas; 97.049, (Presidentially Declared Disasters); 97.039, Brown Fund; 97.032, Crisis Counseling; Presidentially Declared Disaster Assistance— Hazard Mitigation Grant. Disaster Housing Operations for Individuals 97.033, Disaster Legal Services; 97.034, and Households; 97.050, Presidentially Robert J. Fenton, Disaster Unemployment Assistance (DUA); Declared Disaster Assistance to Individuals Senior Official Performing the Duties of the 97.046, Fire Management Assistance Grant; and Households—Other Needs; 97.036, Administrator, Federal Emergency 97.048, Disaster Housing Assistance to Disaster Grants—Public Assistance Management Agency. Individuals and Households In Presidentially Declared Disaster Areas; 97.049, (Presidentially Declared Disasters); 97.039, [FR Doc. 2021–07946 Filed 4–16–21; 8:45 am] Hazard Mitigation Grant.) Presidentially Declared Disaster Assistance— BILLING CODE 9111–23–P Disaster Housing Operations for Individuals Robert J. Fenton, and Households; 97.050, Presidentially Senior Official Performing the Duties of the Declared Disaster Assistance to Individuals Administrator, Federal Emergency DEPARTMENT OF HOMELAND and Households—Other Needs; 97.036, Management Agency. SECURITY Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, [FR Doc. 2021–07917 Filed 4–16–21; 8:45 am] Federal Emergency Management Hazard Mitigation Grant.) BILLING CODE 9111–23–P Agency Robert J. Fenton, [Internal Agency Docket No. FEMA–4518– Senior Official Performing the Duties of the DEPARTMENT OF HOMELAND DR; Docket ID FEMA–2021–0001] Administrator, Federal Emergency SECURITY Management Agency. Arkansas; Amendment No. 2 to Notice [FR Doc. 2021–07926 Filed 4–16–21; 8:45 am] Federal Emergency Management of a Major Disaster Declaration BILLING CODE 9111–23–P Agency AGENCY: Federal Emergency [Internal Agency Docket No. FEMA–4584– Management Agency, DHS. DEPARTMENT OF HOMELAND DR; Docket ID FEMA–2021–0001] ACTION: Notice. SECURITY Washington; Amendment No. 1 to SUMMARY: This notice amends the notice Notice of a Major Disaster Declaration of a major disaster declaration for the Federal Emergency Management Agency AGENCY: Federal Emergency State of Arkansas (FEMA–4518–DR), Management Agency, DHS. dated April 3, 2020, and related [Internal Agency Docket No. FEMA–4524– determinations. DR; Docket ID FEMA–2021–0001] ACTION: Notice. DATES: This amendment was issued SUMMARY: This notice amends the notice Arizona; Amendment No. 3 to Notice of February 2, 2021. a Major Disaster Declaration of a major disaster declaration for the FOR FURTHER INFORMATION CONTACT: State of Washington (FEMA–4584–DR), Dean Webster, Office of Response and AGENCY: Federal Emergency dated February 4, 2021, and related Recovery, Federal Emergency Management Agency, DHS. determinations. Management Agency, 500 C Street SW, ACTION: Notice. DATES: This amendment was issued Washington, DC 20472, (202) 646–2833. SUMMARY: This notice amends the notice March 19, 2021. SUPPLEMENTARY INFORMATION: Notice is of a major disaster declaration for the FOR FURTHER INFORMATION CONTACT: hereby given that, pursuant to the State of Arizona (FEMA–4524–DR), Dean Webster, Office of Response and President’s Memorandum to Extend dated April 4, 2020, and related Recovery, Federal Emergency Federal Support to Governors’ Use of determinations. Management Agency, 500 C Street SW, the National Guard to Respond to Washington, DC 20472, (202) 646–2833. COVID–19 and to Increase DATES: This amendment was issued SUPPLEMENTARY INFORMATION: The notice Reimbursement and Other Assistance February 2, 2021. of a major disaster declaration for the Provided to States, dated January 21, FOR FURTHER INFORMATION CONTACT: State of Washington is hereby amended 2021 and the President’s Memorandum Dean Webster, Office of Response and to include the following area among on Maximizing Assistance from the Recovery, Federal Emergency those areas determined to have been Federal Emergency Management Management Agency, 500 C Street SW, adversely affected by the event declared Agency, dated February 2, 2021 FEMA Washington, DC 20472, (202) 646–2833.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20395

SUPPLEMENTARY INFORMATION: Notice is SUMMARY: This notice amends the notice DEPARTMENT OF HOMELAND hereby given that, pursuant to the of a major disaster declaration for the SECURITY President’s Memorandum to Extend Navajo Nation (FEMA–4582–DR), dated Federal Support to Governors’ Use of February 2, 2021, and related Federal Emergency Management the National Guard to Respond to determinations. Agency COVID–19 and to Increase [Internal Agency Docket No. FEMA–4510– DATES Reimbursement and Other Assistance : This amendment was issued DR; Docket ID FEMA–2021–0001] Provided to States, dated January 21, February 2, 2021. 2021 and the President’s Memorandum FOR FURTHER INFORMATION CONTACT: Hawaii; Amendment No. 3 to Notice of on Maximizing Assistance from the Dean Webster, Office of Response and a Major Disaster Declaration Federal Emergency Management Recovery, Federal Emergency AGENCY: Federal Emergency Agency, dated February 2, 2021 FEMA Management Agency, 500 C Street SW, Management Agency, DHS. is amending the cost-sharing Washington, DC 20472, (202) 646–2833. arrangements regarding Federal funds ACTION: Notice. provided under the authority of the SUPPLEMENTARY INFORMATION: Notice is SUMMARY: This notice amends the notice Robert T. Stafford Disaster Relief and hereby given that, pursuant to the of a major disaster declaration for the Emergency Assistance Act, 42 U.S.C. President’s Memorandum to Extend State of Hawaii (FEMA–4510–DR), 5121–5207 (the ‘‘Stafford Act’’) for all of Federal Support to Governors’ Use of dated April 1, 2020, and related the COVID–19 emergency and major the National Guard to Respond to determinations. disaster declarations. FEMA is COVID–19 and to Increase DATES: amending this declaration as follows: Reimbursement and Other Assistance This amendment was issued February 2, 2021. Federal funds for emergency protective Provided to States, dated January 21, FOR FURTHER INFORMATION CONTACT: measures (Category B), including direct 2021 and the President’s Memorandum Federal assistance, under the Public on Maximizing Assistance from the Dean Webster, Office of Response and Assistance program (Section 403) are Federal Emergency Management Recovery, Federal Emergency authorized at 100 percent of total eligible Agency, dated February 2, 2021 FEMA Management Agency, 500 C Street SW, costs for work performed from January 20, is amending the cost-sharing Washington, DC 20472, (202) 646–2833. 2020 through September 30, 2021. arrangements regarding Federal funds SUPPLEMENTARY INFORMATION: Notice is (The following Catalog of Federal Domestic provided under the authority of the hereby given that, pursuant to the Assistance Numbers (CFDA) are to be used Robert T. Stafford Disaster Relief and President’s Memorandum to Extend for reporting and drawing funds: 97.030, Federal Support to Governors’ Use of Community Disaster Loans; 97.031, Cora Emergency Assistance Act, 42 U.S.C. 5121–5207 (the ‘‘Stafford Act’’) for all of the National Guard to Respond to Brown Fund; 97.032, Crisis Counseling; COVID–19 and to Increase 97.033, Disaster Legal Services; 97.034, the COVID–19 emergency and major Disaster Unemployment Assistance (DUA); disaster declarations. FEMA is Reimbursement and Other Assistance 97.046, Fire Management Assistance Grant; amending this declaration as follows: Provided to States, dated January 21, 97.048, Disaster Housing Assistance to 2021 and the President’s Memorandum Individuals and Households In Presidentially Federal funds for emergency protective on Maximizing Assistance from the Declared Disaster Areas; 97.049, measures (Category B), including direct Federal Emergency Management Presidentially Declared Disaster Assistance— Federal assistance, under the Public Agency, dated February 2, 2021 FEMA Disaster Housing Operations for Individuals Assistance program (Section 403) are is amending the cost-sharing and Households; 97.050, Presidentially authorized at 100 percent of total eligible arrangements regarding Federal funds Declared Disaster Assistance to Individuals costs for work performed from January 20, provided under the authority of the and Households—Other Needs; 97.036, 2020 through September 30, 2021. Disaster Grants—Public Assistance Robert T. Stafford Disaster Relief and (Presidentially Declared Disasters); 97.039, (The following Catalog of Federal Domestic Emergency Assistance Act, 42 U.S.C. Hazard Mitigation Grant.) Assistance Numbers (CFDA) are to be used 5121–5207 (the ‘‘Stafford Act’’) for all of for reporting and drawing funds: 97.030, the COVID–19 emergency and major Robert J. Fenton, Community Disaster Loans; 97.031, Cora disaster declarations. FEMA is Senior Official Performing the Duties of the Brown Fund; 97.032, Crisis Counseling; amending this declaration as follows: Administrator, Federal Emergency 97.033, Disaster Legal Services; 97.034, Federal funds for emergency protective Management Agency. Disaster Unemployment Assistance (DUA); measures (Category B), including direct [FR Doc. 2021–07931 Filed 4–16–21; 8:45 am] 97.046, Fire Management Assistance Grant; Federal assistance, under the Public BILLING CODE 9111–23–P 97.048, Disaster Housing Assistance to Assistance program (Section 403) are Individuals and Households In Presidentially authorized at 100 percent of total eligible Declared Disaster Areas; 97.049, costs for work performed from January 20, DEPARTMENT OF HOMELAND Presidentially Declared Disaster Assistance— 2020 through September 30, 2021. SECURITY Disaster Housing Operations for Individuals (The following Catalog of Federal Domestic and Households; 97.050, Presidentially Assistance Numbers (CFDA) are to be used Federal Emergency Management Declared Disaster Assistance to Individuals for reporting and drawing funds: 97.030, Agency and Households—Other Needs; 97.036, Community Disaster Loans; 97.031, Cora Disaster Grants—Public Assistance Brown Fund; 97.032, Crisis Counseling; [Internal Agency Docket No. FEMA–4582– (Presidentially Declared Disasters); 97.039, 97.033, Disaster Legal Services; 97.034, DR; Docket ID FEMA–2021–0001] Hazard Mitigation Grant.) Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; Navajo Nation; Amendment No. 2 to Robert J. Fenton, 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Notice of a Major Disaster Declaration Senior Official Performing the Duties of the Declared Disaster Areas; 97.049, Administrator, Federal Emergency AGENCY: Federal Emergency Presidentially Declared Disaster Assistance— Management Agency. Management Agency, DHS. Disaster Housing Operations for Individuals [FR Doc. 2021–07945 Filed 4–16–21; 8:45 am] ACTION: Notice. and Households; 97.050, Presidentially BILLING CODE 9111–23–P Declared Disaster Assistance to Individuals

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20396 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

and Households—Other Needs; 97.036, for reporting and drawing funds: 97.030, the COVID–19 emergency and major Disaster Grants—Public Assistance Community Disaster Loans; 97.031, Cora disaster declarations. FEMA is (Presidentially Declared Disasters); 97.039, Brown Fund; 97.032, Crisis Counseling; amending this declaration as follows: Hazard Mitigation Grant.) 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); Federal funds for emergency protective Robert J. Fenton, 97.046, Fire Management Assistance Grant; measures (Category B), including direct Senior Official Performing the Duties of the 97.048, Disaster Housing Assistance to Federal assistance, under the Public Administrator, Federal Emergency Individuals and Households In Presidentially Assistance program (Section 403) are Management Agency. Declared Disaster Areas; 97.049, authorized at 100 percent of total eligible [FR Doc. 2021–07907 Filed 4–16–21; 8:45 am] Presidentially Declared Disaster Assistance— costs for work performed from January 20, 2020 through September 30, 2021. BILLING CODE 9111–23–P Disaster Housing Operations for Individuals and Households; 97.050, Presidentially (The following Catalog of Federal Domestic Declared Disaster Assistance to Individuals Assistance Numbers (CFDA) are to be used DEPARTMENT OF HOMELAND and Households—Other Needs; 97.036, for reporting and drawing funds: 97.030, Disaster Grants—Public Assistance SECURITY Community Disaster Loans; 97.031, Cora (Presidentially Declared Disasters); 97.039, Brown Fund; 97.032, Crisis Counseling; Federal Emergency Management Hazard Mitigation Grant.) 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); Agency Robert J. Fenton, 97.046, Fire Management Assistance Grant; [Internal Agency Docket No. FEMA–4501– Senior Official Performing the Duties of the 97.048, Disaster Housing Assistance to DR; Docket ID FEMA–2021–0001] Administrator, Federal Emergency Individuals and Households In Presidentially Management Agency. Declared Disaster Areas; 97.049, Georgia; Amendment No. 2 to Notice of [FR Doc. 2021–07911 Filed 4–16–21; 8:45 am] Presidentially Declared Disaster Assistance— a Major Disaster Declaration BILLING CODE 9111–23–P Disaster Housing Operations for Individuals and Households; 97.050, Presidentially AGENCY: Federal Emergency Declared Disaster Assistance to Individuals Management Agency, DHS. DEPARTMENT OF HOMELAND and Households—Other Needs; 97.036, ACTION: Notice. SECURITY Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, SUMMARY: This notice amends the notice Federal Emergency Management Hazard Mitigation Grant.) of a major disaster declaration for the Agency Robert J. Fenton, State of Georgia (FEMA–4501–DR), dated March 29, 2020, and related [Internal Agency Docket No. FEMA–4506– Senior Official Performing the Duties of the DR; Docket ID FEMA–2021–0001] Administrator, Federal Emergency determinations. Management Agency. DATES: This amendment was issued Pennsylvania; Amendment No. 3 to [FR Doc. 2021–07921 Filed 4–16–21; 8:45 am] February 2, 2021. Notice of a Major Disaster Declaration BILLING CODE 9111–23–P FOR FURTHER INFORMATION CONTACT: AGENCY: Dean Webster, Office of Response and Federal Emergency Recovery, Federal Emergency Management Agency, DHS. DEPARTMENT OF HOMELAND Management Agency, 500 C Street SW, ACTION: Notice. SECURITY Washington, DC 20472, (202) 646–2833. SUMMARY: This notice amends the notice Federal Emergency Management SUPPLEMENTARY INFORMATION: Notice is of a major disaster declaration for the Agency hereby given that, pursuant to the Commonwealth of Pennsylvania President’s Memorandum to Extend (FEMA–4506–DR), dated March 30, [Internal Agency Docket No. FEMA–4525– Federal Support to Governors’ Use of 2020, and related determinations. DR; Docket ID FEMA–2021–0001] the National Guard to Respond to DATES: This amendment was issued Utah; Amendment No. 3 to Notice of a COVID–19 and to Increase February 2, 2021. Reimbursement and Other Assistance Major Disaster Declaration FOR FURTHER INFORMATION CONTACT: Provided to States, dated January 21, Dean Webster, Office of Response and AGENCY: Federal Emergency 2021 and the President’s Memorandum Recovery, Federal Emergency Management Agency, DHS. on Maximizing Assistance from the Management Agency, 500 C Street SW, ACTION: Notice. Federal Emergency Management Washington, DC 20472, (202) 646–2833. Agency, dated February 2, 2021 FEMA SUMMARY: This notice amends the notice SUPPLEMENTARY INFORMATION: is amending the cost-sharing Notice is of a major disaster declaration for the arrangements regarding Federal funds hereby given that, pursuant to the State of Utah (FEMA–4525–DR), dated provided under the authority of the President’s Memorandum to Extend April 4, 2020, and related Robert T. Stafford Disaster Relief and Federal Support to Governors’ Use of determinations. Emergency Assistance Act, 42 U.S.C. the National Guard to Respond to COVID–19 and to Increase DATES: This amendment was issued 5121–5207 (the ‘‘Stafford Act’’) for all of February 2, 2021. the COVID–19 emergency and major Reimbursement and Other Assistance FOR FURTHER INFORMATION CONTACT: disaster declarations. FEMA is Provided to States, dated January 21, Dean Webster, Office of Response and amending this declaration as follows: 2021 and the President’s Memorandum on Maximizing Assistance from the Recovery, Federal Emergency Federal funds for emergency protective Federal Emergency Management Management Agency, 500 C Street SW, measures (Category B), including direct Agency, dated February 2, 2021 FEMA Washington, DC 20472, (202) 646–2833. Federal assistance, under the Public Assistance program (Section 403) are is amending the cost-sharing SUPPLEMENTARY INFORMATION: Notice is authorized at 100 percent of total eligible arrangements regarding Federal funds hereby given that, pursuant to the costs for work performed from January 20, provided under the authority of the President’s Memorandum to Extend 2020 through September 30, 2021. Robert T. Stafford Disaster Relief and Federal Support to Governors’ Use of (The following Catalog of Federal Domestic Emergency Assistance Act, 42 U.S.C. the National Guard to Respond to Assistance Numbers (CFDA) are to be used 5121–5207 (the ‘‘Stafford Act’’) for all of COVID–19 and to Increase

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20397

Reimbursement and Other Assistance FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HOMELAND Provided to States, dated January 21, Dean Webster, Office of Response and SECURITY 2021 and the President’s Memorandum Recovery, Federal Emergency on Maximizing Assistance from the Management Agency, 500 C Street SW, Federal Emergency Management Federal Emergency Management Washington, DC 20472, (202) 646–2833. Agency Agency, dated February 2, 2021 FEMA SUPPLEMENTARY INFORMATION: Notice is [Internal Agency Docket No. FEMA–4521– is amending the cost-sharing DR; Docket ID FEMA–2021–0001] arrangements regarding Federal funds hereby given that, pursuant to the provided under the authority of the President’s Memorandum to Extend Nebraska; Amendment No. 3 to Notice Robert T. Stafford Disaster Relief and Federal Support to Governors’ Use of of a Major Disaster Declaration Emergency Assistance Act, 42 U.S.C. the National Guard to Respond to 5121–5207 (the ‘‘Stafford Act’’) for all of COVID–19 and to Increase AGENCY: Federal Emergency the COVID–19 emergency and major Reimbursement and Other Assistance Management Agency, DHS. disaster declarations. FEMA is Provided to States, dated January 21, ACTION: Notice. amending this declaration as follows: 2021 and the President’s Memorandum SUMMARY: This notice amends the notice Federal funds for emergency protective on Maximizing Assistance from the of a major disaster declaration for the measures (Category B), including direct Federal Emergency Management State of Nebraska (FEMA–4521–DR), Federal assistance, under the Public Agency, dated February 2, 2021 FEMA dated April 4, 2020, and related Assistance program (Section 403) are is amending the cost-sharing authorized at 100 percent of total eligible determinations. costs for work performed from January 20, arrangements regarding Federal funds DATES: This amendment was issued 2020 through September 30, 2021. provided under the authority of the February 2, 2021. Robert T. Stafford Disaster Relief and (The following Catalog of Federal Domestic FOR FURTHER INFORMATION CONTACT: Assistance Numbers (CFDA) are to be used Emergency Assistance Act, 42 U.S.C. Dean Webster, Office of Response and for reporting and drawing funds: 97.030, 5121–5207 (the ‘‘Stafford Act’’) for all of Recovery, Federal Emergency Community Disaster Loans; 97.031, Cora the COVID–19 emergency and major Management Agency, 500 C Street SW, Brown Fund; 97.032, Crisis Counseling; disaster declarations. FEMA is 97.033, Disaster Legal Services; 97.034, Washington, DC 20472, (202) 646–2833. Disaster Unemployment Assistance (DUA); amending this declaration as follows: SUPPLEMENTARY INFORMATION: Notice is 97.046, Fire Management Assistance Grant; Federal funds for emergency protective hereby given that, pursuant to the 97.048, Disaster Housing Assistance to measures (Category B), including direct President’s Memorandum to Extend Individuals and Households In Presidentially Federal assistance, under the Public Federal Support to Governors’ Use of Declared Disaster Areas; 97.049, Assistance program (Section 403) are Presidentially Declared Disaster Assistance— the National Guard to Respond to Disaster Housing Operations for Individuals authorized at 100 percent of total eligible COVID–19 and to Increase and Households; 97.050, Presidentially costs for work performed from January 20, Reimbursement and Other Assistance Declared Disaster Assistance to Individuals 2020 through September 30, 2021. Provided to States, dated January 21, and Households—Other Needs; 97.036, (The following Catalog of Federal Domestic 2021 and the President’s Memorandum Disaster Grants—Public Assistance Assistance Numbers (CFDA) are to be used on Maximizing Assistance from the (Presidentially Declared Disasters); 97.039, for reporting and drawing funds: 97.030, Federal Emergency Management Hazard Mitigation Grant.) Community Disaster Loans; 97.031, Cora Agency, dated February 2, 2021 FEMA Robert J. Fenton, Brown Fund; 97.032, Crisis Counseling; is amending the cost-sharing Senior Official Performing the Duties of the 97.033, Disaster Legal Services; 97.034, arrangements regarding Federal funds Administrator, Federal Emergency Disaster Unemployment Assistance (DUA); provided under the authority of the Management Agency. 97.046, Fire Management Assistance Grant; Robert T. Stafford Disaster Relief and [FR Doc. 2021–07932 Filed 4–16–21; 8:45 am] 97.048, Disaster Housing Assistance to Emergency Assistance Act, 42 U.S.C. BILLING CODE 9111–23–P Individuals and Households In Presidentially 5121–5207 (the ‘‘Stafford Act’’) for all of Declared Disaster Areas; 97.049, the COVID–19 emergency and major Presidentially Declared Disaster Assistance— disaster declarations. FEMA is DEPARTMENT OF HOMELAND Disaster Housing Operations for Individuals amending this declaration as follows: SECURITY and Households; 97.050, Presidentially Federal funds for emergency protective Declared Disaster Assistance to Individuals Federal Emergency Management measures (Category B), including direct and Households—Other Needs; 97.036, Federal assistance, under the Public Agency Disaster Grants—Public Assistance Assistance program (Section 403) are [Internal Agency Docket No. FEMA–4500– (Presidentially Declared Disasters); 97.039, authorized at 100 percent of total eligible DR; Docket ID FEMA–2021–0001] Hazard Mitigation Grant.) costs for work performed from January 20, 2020 through September 30, 2021. Robert J. Fenton, Connecticut; Amendment No. 3 to (The following Catalog of Federal Domestic Notice of a Major Disaster Declaration Senior Official Performing the Duties of the Assistance Numbers (CFDA) are to be used Administrator, Federal Emergency for reporting and drawing funds: 97.030, AGENCY: Federal Emergency Management Agency. Community Disaster Loans; 97.031, Cora Management Agency, DHS. [FR Doc. 2021–07910 Filed 4–16–21; 8:45 am] Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, ACTION: Notice. BILLING CODE 9111–23–P Disaster Unemployment Assistance (DUA); SUMMARY: This notice amends the notice 97.046, Fire Management Assistance Grant; of a major disaster declaration for the 97.048, Disaster Housing Assistance to State of Connecticut (FEMA–4500–DR), Individuals and Households In Presidentially dated March 28, 2020, and related Declared Disaster Areas; 97.049, determinations. Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals DATES: This amendment was issued and Households; 97.050, Presidentially February 2, 2021. Declared Disaster Assistance to Individuals

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20398 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

and Households—Other Needs; 97.036, COVID–19, USCIS is also not accepting and programs to reflect our best Disaster Grants—Public Assistance mailed comments at this time. If you understanding of how people engage (Presidentially Declared Disasters); 97.039, cannot submit your comment by using with, participate in, use, and respond to Hazard Mitigation Grant.) http://www.regulations.gov, please those policies and programs.’’ 2 Robert J. Fenton, contact Samantha Deshommes, Chief, President Biden’s Memorandum on Senior Official Performing the Duties of the Regulatory Coordination Division, Restoring Trust in Government through Administrator, Federal Emergency Office of Policy and Strategy, U.S. Scientific Integrity and Evidence-Based Management Agency. Citizenship and Immigration Services, Policymaking (Jan. 27, 2021), refers to [FR Doc. 2021–07928 Filed 4–16–21; 8:45 am] Department of Homeland Security, by Executive Order 13707 and calls for BILLING CODE 9111–23–P telephone at 240–721–3000 for alternate ‘‘the evidence-based and iterative instructions. development and the equitable delivery FOR FURTHER INFORMATION CONTACT: of policies, programs, and agency DEPARTMENT OF HOMELAND Samantha Deshommes, Regulatory operations,’’ including approaches ‘‘that SECURITY Coordination Division Chief, Office of may be informed by the social and Policy and Strategy, U.S. Citizenship behavioral sciences and data science.’’ 3 U.S. Citizenship and Immigration and Immigration Services, DHS, 5900 To achieve President Biden’s Services Capital Gateway Drive, Camp Springs, objectives, DHS is soliciting public [CIS No. 2684–21; DHS Docket No. USCIS– MD 20746; telephone 240–721–3000 input to better understand and identify 2021–0004] (this is not a toll-free number). administrative barriers and burdens Individuals with hearing or speech (including paperwork requirements, RIN 1615–ZB87 impairments may access the telephone waiting time, and other obstacles) that impair the functions of the USCIS Identifying Barriers Across U.S. numbers above via TTY by calling the process and unnecessarily impede Citizenship and Immigration Services toll-free Federal Information Relay access to USCIS immigration benefits. (USCIS) Benefits and Services; Service at 1–877–889–5627 (TTY/TDD). The relevant burdens might be imposed Request for Public Input SUPPLEMENTARY INFORMATION: on state, local, and tribal governments; AGENCY: U.S. Citizenship and I. Public Participation businesses, including small businesses Immigration Services, DHS. Interested persons are invited to and startups; educational institutions; ACTION: Request for public input. comment on this notice by submitting nonprofits; households; and written data, views, or arguments using individuals. DHS is also seeking input SUMMARY: The Department of Homeland the method identified in the ADDRESSES to help identify current USCIS processes Security (DHS) is seeking comments section. or those previously in place that from the public on how U.S. Citizenship Instructions: All submissions must promote equity and inclusion and learn and Immigration Services (USCIS) can include the agency name and docket how USCIS might leverage and reduce administrative and other barriers number for this notice. All comments incorporate those successes and lessons and burdens within its regulations and received will be posted without change learned in other immigration benefits policies, including those that prevent to http://www.regulations.gov including and adjudication processes. foreign citizens from easily obtaining any personal information provided. Independent of the current Request access to immigration services and Docket: For access to the docket to for Public Input, DHS continually benefits. This effort will help DHS read background documents or evaluates its regulatory program for identify process improvements for comments, go to http:// rules that are candidates for USCIS, with benefits for state, local, and www.regulations.gov. retrospective review. DHS does so tribal governments, for businesses through legally mandated retrospective (including small businesses and II. Background review requirements (for example, startups), for educational institutions of On February 2, 2021, President Biden Unified Agenda of Planned Regulatory all kinds, for nonprofits, and for issued Executive Order (E.O.) 14012, Actions reviews and reviews under individuals. ‘‘Restoring Faith in Our Legal section 610 of the Regulatory Flexibility DATES: Written comments are requested Immigration Systems and Strengthening Act, 5 U.S.C. 610) and through other on or before April 19, 2021. Late-filed Integration and Inclusion Efforts for informal and long-established comments will be considered to the New Americans.’’ 1 In E.O. 14012, mechanisms (for example, use of extent practicable. President Biden announced his Advisory Councils, feedback from DHS field personnel, input from internal ADDRESSES: You may submit comments, objective to encourage ‘‘full identified by docket number USCIS– participation by immigrants’’ and working groups, and outreach to 2021–0004, through the Federal directed responsible Federal agencies to regulated entities). Today’s notice is eRulemaking Portal: http:// identify strategies that promote separate from these existing DHS www.regulations.gov. Follow the ‘‘integration, inclusion, and citizenship’’ retrospective review efforts. and ‘‘identify barriers that impede instructions for submitting comments. III. Request for Input Comments submitted in a manner access to immigration benefits and fair, other than the one listed above, efficient adjudications of these A. Importance of Public Feedback including emails or letters sent to DHS benefits.’’ Executive Order 13707, To achieve the objectives outlined in or USCIS officials, may not be reviewed ‘‘Using Behavioral Science Insights to E.O. 14012, E.O. 13707, and the by DHS. Please note that DHS and Better Serve the American People’’ Presidential Memorandum on Restoring USCIS cannot accept any comments that (Sept. 18, 2015), states that ‘‘the Federal are hand delivered or couriered. In Government should design its policies 2 ‘‘Using Behavioral Science Insights to Better addition, USCIS cannot accept Serve the American People,’’ 80 FR 56365 (Sept. 18, 1 ‘‘Restoring Faith in Our Legal Immigration 2015). comments contained on any form of Systems and Strengthening Integration and 3 ‘‘Restoring Trust in Government through digital media storage devices, such as Inclusion Efforts for New Americans,’’ 86 FR 8277 Scientific Integrity and Evidence-Based CDs/DVDs and USB drives. Due to (Feb. 5, 2021). Policymaking,’’ 86 FR 8845 (Feb. 10, 2021).

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20399

Trust in Government through Scientific a subject matter that is not currently (for example, adjustment of status, Integrity and Evidence-Based codified in regulations, it should be naturalization, H–1B nonimmigrant Policymaking, it is critical that public identified with as much specificity as status, refugee status, asylum, parole). input helps drive process improvements possible and with references to the (a) With respect to the identified in strategies, processes, and planning. program/process and statutory regulations; policies; precedents or Because the impacts and effects of authority.) adopted decisions; adjudicatory immigration benefits tend to be widely • Commenters should provide, in as practices; forms, form instructions, or dispersed in society, members of the much detail as possible, an explanation information collections; or other USCIS public—especially regulated why a USCIS regulation, form or procedures or requirements that you stakeholders and those that typically information collection, or immigration have identified as potential barriers, are participate in USCIS rulemakings—are process should be modified, the barriers you perceive created by likely to have useful information, data, streamlined, expanded, or repealed, as duplication, overlap, or inconsistency of and perspectives on the benefits and well as specific suggestions about how requirements? If so, please specify. burdens of our existing processes. When USCIS can better achieve its regulatory (2) Are there any USCIS regulations or processes are especially burdensome, objectives and reduce unnecessary processes that are not tailored to impose members of the public may have unique burdens on public institutions, the the least burden on society, consistent knowledge. Given that unique private sector, households, individuals, with achieving the regulatory knowledge, a primary factor that will or other stakeholders. objectives? improve the USCIS immigration process • To the extent feasible, commenters (3) Are there USCIS regulations or is public feedback. should provide specific data that processes that disproportionally burden document the costs, burdens, and disadvantaged, vulnerable, or B. Maximizing the Value of Public benefits of existing requirements and/or marginalized communities? If so, please Feedback how proposed changes would reduce specify the regulation and/or process, to This notice contains a list of costs and burdens, and/or increase include any applicable CFR and/or questions, the answers to which will benefits to USCIS or the public. USCIS Policy Manual citation, assist DHS in identifying potential Commenters might also address how providing a description of the specific USCIS immigration processes that may USCIS can best obtain and consider burden to the relevant communities. benefit from DHS review with the goal accurate, objective information and data (4) Are there USCIS regulations or of reducing burdens on the public, about existing regulations, processes processes that disproportionally burden saving costs for both the public and and procedures, and whether there are a specific industry or sector of the USCIS, increasing navigability, saving existing sources of data that USCIS can economy, geographic location within time, reducing confusion and use to evaluate the post-promulgation the US, or government type (e.g. a frustration, promoting simplification, effects of DHS regulations USCIS specific tribal or territorial government improving efficiency, and/or removing administers over time to help identify or a specific local government)? barriers that unnecessarily impede inefficiencies and actually or potentially (5) What aspects of the immigrant and access to immigration benefits. DHS unwarranted barriers to those nonimmigrant perspectives or encourages public comment on these interacting with or affected by USCIS. experiences should USCIS be aware of questions and seeks any other • Comments should emphasize any that could better inform our qualitative information or data commenters believe burdensome processes that have been in and quantitative analyses when are relevant to this notice. The type of effect for enough time to warrant a fair identifying actually or potentially feedback that is most useful to DHS will evaluation, in most cases for more than excessive administrative burdens, or identify specific regulations and/or one year. when evaluating regulatory impacts in processes, and include actionable • Comments that reiterate substantive general? information and/or data and/or provide issues already raised in public (6) Are there existing sources of data viable alternatives, that meet statutory comments submitted on recently issued that USCIS can use to evaluate the post- obligations and regulatory objectives rules will be less useful, unless they promulgation effects of regulations and and requirements. Public feedback that provide new information—by, for administrative burdens over time? simply states that a stakeholder feels example, pointing to new studies or (7) Are there instances where the strongly that USCIS should change its data, or offering novel alternatives. costs of USCIS regulations to the public processes but does not contain specific far surpass the benefits, for reasons that C. List of Questions for Commenters information on what change should be were not anticipated or discussed considered or how a proposed change The below non-exhaustive list of during the rulemaking process? will reduce barriers, or otherwise questions is meant to assist members of (8) Are there instances where the improve existing processes, is less the public in formulating comments, administrative burdens imposed in useful to USCIS. and is not intended to restrict the USCIS regulations are not cost-effective, We highlight a few of those points feedback that members of the public in the sense that a different approach here, noting that comments that will be may provide: would achieve regulatory goals with most useful to DHS are those that are (1) Are there any regulations; policies; significantly lower burdens? guided by the below principles. precedents or adopted decisions; (9) Are there instances where current Commenters should consider these adjudicatory practices; forms, form regulations may have added unintended principles as they answer and respond instructions, or information collections; or unanticipated costs, or imposed to the questions in this notice: or other USCIS procedures or unintended or unanticipated • Commenters should identify, with requirements that you consider to be administrative barriers, and in which specificity, the regulation or unjustified or excessive barriers that those costs and barriers may not have immigration process at issue, providing impede easy access to legally authorized been adequately considered in previous the Code of Federal Regulation (CFR) immigration benefits and fair, efficient assessments of the regulation’s direct and/or USCIS Policy Manual citation adjudications of these benefits? Please costs? where available or applicable. (If a new provide specific examples identifying (10) Are there USCIS regulations that regulation is being suggested addressing the specific program or subject matter are still necessary, but have not

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20400 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

operated as well as expected, such that existing regulatory or form SUMMARY: On April 5, 2021, HUD a modified approach is justified to requirements? published a Notice of Intent in the reduce unnecessary administrative (17) Are there ‘‘bright spots,’’ in the Federal Register entitled ‘‘Notice of burdens? For example, are there current form of existing USCIS regulations and/ Intent To Prepare a Draft Environmental regulations, policies, or procedures, or processes—or processes previously in Impact Statement (EIS) for the One San specifically related to citizenship and place—that are not burdensome, and Pedro Specific Plan Project in Los naturalization, family-based that you recommend DHS/USCIS look Angeles City, California.’’ The Notice of immigration (including intercountry to as examples it can emulate in other Intent, as required by the National adoptions), educational opportunities in program areas? Environmental Policy Act (NEPA) and the United States, employment-based IV. Review of Public Feedback the California Environmental Quality immigrant/nonimmigrant programs, Act (CEQA), notified the public of a adjustment of status, or humanitarian DHS will use the public’s feedback to second Public Scoping Meeting on April programs that could be modernized, help initiate strategic plans, consider 27, 2021 to discuss a combined streamlined, or otherwise improved? reforms, and execute reports pursuant to Environmental Impact Report (EIR) and (11) Is there information you believe President Biden’s requests of DHS Environmental Impact Statement (EIS) USCIS currently collects that it does not outlined in E.O. 14012. DHS will also for the Rancho San Pedro public need or that USCIS does not use use the public’s feedback to consider housing redevelopment project, located effectively to achieve regulatory reduction of administrative burdens in Los Angeles, California. The notice objectives? more broadly. This notice is issued provided the incorrect Zoom link and (12) Are there data-sharing activities solely for information and program- call-in information for the Public in which individual DHS components planning purposes. Public input Scoping Meeting. Today’s notice (for example, USCIS, U.S. Customs and provided in response to this notice does provides the correct Zoom link and call- Border Protection, and/or U.S. not bind DHS to any further actions, to in information for the public to use for Immigration and Customs Enforcement) include publishing a formal response or the Tuesday, April 27, 2021 Public should engage, so that repetitive agreement to initiate a recommended Scoping Meeting. collections of the same data do not change. DHS will consider the feedback DATES: The Public Scoping Meeting to occur from one component to the next? and make changes or process satisfy NEPA requirements will be held (13) Are there data-sharing activities improvements at its sole discretion. virtually on Tuesday, April 27, 2021, in which DHS components should Commenting on this notice is not a from 5 p.m. to 6:30 p.m. Pacific Time, engage with other Federal Government substitute for commenting on other at https://zoom.us/j/92936528288? agencies (such as the Departments of ongoing DHS rulemaking efforts. To be pwd=RmN5NFJ0bVlVY State, Justice, Labor, or Health and considered as part of a specific i8wS2JLWXd1ekpnZz09 or by calling Human Services) so that repetitive rulemaking effort, comments on DHS (669) 900–6833 (Meeting ID: 929 3652 collections of the same data do not rules must be received during the 8288, Passcode: 392390). occur from one agency to the next? comment period identified in the FOR FURTHER INFORMATION CONTACT: (14) Are there areas where DHS relevant rule published in the Federal With respect to this technical components’ regulations (including Register, and in the manner specified correction, contact Aaron Santa Anna, those of USCIS) create duplicative, therein. Finally, comments submitted in Associate General Counsel for conflicting, or difficult to navigate response to this notice will not be Legislation and Regulations, Department situations for individuals also considered as petitions for rulemaking of Housing and Urban Development, navigating regulatory requirements of submitted pursuant to 5 U.S.C. 553(e) 451 7th Street SW, Room 10238, another Federal Government agency unless they comply with DHS Washington, DC 20410; telephone (such as those from the Departments of regulations at 6 CFR part 3, Petitions for number 202–708–1793 (this is not a toll- State, Justice, Labor, or Health and Rulemaking. free number). Persons with hearing or Human Services), such that Tracy L. Renaud, speech impairments may access this consideration of greater cooperation or Senior Official Performing the Duties of the number through TTY by calling the toll- coordination would be warranted? Director, U.S. Citizenship and Immigration free Federal Information Relay Service (15) Are there regulations or forms Services, U.S. Department of Homeland that have been overtaken by at 800–877–8339 (this is a toll-free Security. number). technological developments or that [FR Doc. 2021–07987 Filed 4–16–21; 8:45 am] should be amended as part of USCIS’ SUPPLEMENTARY INFORMATION: On April BILLING CODE 9111–97–P eProcessing initiative?4 5, 2021 (86 FR 17621) (FR Doc. 2021– (16) Are there new technologies that 06929), HUD published a Notice of USCIS should consider leveraging to Intent in the Federal Register entitled DEPARTMENT OF HOUSING AND modify, streamline, or do away with ‘‘Notice of Intent To Prepare a Draft URBAN DEVELOPMENT Environmental Impact Statement (EIS) 4 USCIS’ eProcessing initiative aims to increase [Docket No. FR–6255–N–02] for the One San Pedro Specific Plan public availability to digital services and forms Project in Los Angeles City, California.’’ across USCIS benefits and better integrate existing Notice of Intent To Prepare a Draft USCIS systems for filing, storage, and adjudication; For projects that require an see Citizenship and Immigration Services Environmental Impact Statement (EIS) Environmental Impact Statement (EIS), Ombudsman, U.S. Dep’t of Homeland Security, for the One San Pedro Specific Plan the Responsible Entity, as defined in 24 ‘‘Annual Report 2019,’’ pages 62–69, (July 12, Project in Los Angeles City, California; CFR 58.2(a)(7), must provide a Notice of 2019), https://www.dhs.gov/sites/default/files/ Correction publications/cisomb/cisomb_2019-annual-report-to- Intent (NOI) to begin the public scoping congress.pdf (last viewed Feb. 23, 2021); see also AGENCY: Office of the General Counsel, process in accordance with the National U.S. Citizenship and Immigration Servs., U.S. Dep’t HUD. Environmental Policy Act of 1969, as of Homeland Security, ‘‘USCIS Accelerates amended, 42 U.S.C. 431 et. seq. (NEPA); ACTION: Notice of Intent (NOI) to prepare Transition to Digital Immigration Processing’’ (May the Council of Environmental Quality 22, 2019), https://www.uscis.gov/news/news- an Environmental Impact Statement (CEQ) NEPA Regulations at 40 CFR releases/uscis-accelerates-transition-to-digital- (EIS), correction. immigration-processing (last viewed Feb. 24, 2021). parts 1500–1508; and HUD

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20401

implementing regulations at 24 CFR part April 27, 2021, 5 p.m. to 6:30 p.m. and Urban Development, 451 7th Street 58. The April 5, 2021 NOI provided Pacific Time, https://zoom.us/j/ SW, Washington, DC 20410; email her at notice that the Housing Authority of the 92936528288?pwd=RmN5NFJ0bVlVY [email protected] or telephone City of Los Angeles (HACLA) proposes i8wS2JLWXd1ekpnZz09 or call (669) 202–402–5535. This is not a toll-free to carry out a Section 18/Rental 900–6833 (Meeting ID: 929 3652 8288, number. Person with hearing or speech Assistance Demonstration (RAD) Passcode: 392390).’’ impairments may access this number demolition/disposition through a through TTY by calling the toll-free Aaron Santa Anna, ground lease and to use a combination Federal Relay Service at (800) 877–8339. of RAD Project-Based Vouchers (PBV), Associate General Counsel for Legislation and Copies of available documents Regulations. Tenant Projection Vouchers (TPV), and submitted to OMB may be obtained PBV authorized by the U.S. Housing Act [FR Doc. 2021–08011 Filed 4–16–21; 8:45 am] from Ms. Guido. BILLING CODE 4210–67–P of 1937, as amended (USHA), to SUPPLEMENTARY INFORMATION: This redevelop the Rancho San Pedro public notice informs the public that HUD is housing project site. DEPARTMENT OF HOUSING AND seeking approval from OMB for the The City of Los Angeles, through the URBAN DEVELOPMENT information collection described in City of Los Angeles’s Housing and Section A. Community Investment Department [Docket No. FR–7034–N–21] The Federal Register notice that (HCID), is acting as the Responsible solicited public comment on the 30-Day Notice of Proposed Information Entity for the Rancho San Pedro public information collection for a period of 60 Collection: Continuum of Care (CoC) housing project. As the California days was published on December 17, Program Registration OMB Control No: Environmental Quality Act (CEQA) 2020, at 85 FR 81946. similarly requires an Environmental 2506–0182 A. Overview of Information Collection Impact Report (EIR), HACLA and HCID AGENCY: Office of the Chief Information intend to produce a combined EIR/EIS Officer, HUD. Title of Information Collection: for the project. A Public Scoping ACTION: Notice. Continuum of Care (CoC) Program Meeting for CEQA issues was held on Registration. February 6, 2021. The April 5, 2021 NOI SUMMARY: HUD is seeking approval from OMB Approval Number: 2506–0182. gave notice of the next Public Scoping the Office of Management and Budget Type of Request: Revision of currently Meeting, specifically about NEPA (OMB) for the information collection approved collection. issues, to be held virtually on April 27, described below. In accordance with the Form Number: None. 2021. The NOI provided an incorrect Paperwork Reduction Act, HUD is Description of the need for the Zoom link and incorrect call-in requesting comment from all interested information and proposed use: This information. This notice provides the parties on the proposed collection of submission is to request an extension of correct Zoom link and call-in information. The purpose of this notice an existing collection in use without an information. is to allow for 30 days of public OMB Control Number for the Corrections: In the Federal Register of comment. Recordkeeping for HUD’s Continuum of April 5, 2021, in FR Doc. 2021–06929 Care Program. Continuum of Care DATES: Comments Due Date: May 19, on page 17621, in the second column, program recipients will be expected to 2021 replace the first paragraph of the Dates implement and retain the information section to read: ‘‘The next Public ADDRESSES: Interested persons are collection for the recordkeeping Scoping Meeting to satisfy NEPA invited to submit comments regarding requirements. The statutory provisions requirements will be held virtually on this proposal. Written comments and and implementing interim regulations Tuesday, April 27, 2021, from 5 p.m. to recommendations for the proposed govern the Continuum of Care Program 6:30 p.m. Pacific Time, at https:// information collection should be sent recordkeeping requirements for zoom.us/j/92936528288? within 30 days of publication of this recipient and subrecipients and the pwd=RmN5NFJ0bVlVY notice to OIRA_submission@ standard operating procedures for i8wS2JLWXd1ekpnZz09 or by calling omb.eop.gov or www.reginfo.gov/public/ ensuring that Continuum of Care (669) 900–6833 (Meeting ID: 929 3652 do/PRAMain. Find this particular Program funds are used in accordance 8288, Passcode: 392390).’’ information collection by selecting with the program requirements. To see On page 17624 of the same notice, in ‘‘Currently under 30-day Review—Open the regulations for the new CoC program the first column, replace the fourth full for Public Comments’’ or by using the and applicable supplementary sentence of that column to read ‘‘The search function. documents, visit HUD’s Homeless date, time, and location of the next FOR FURTHER INFORMATION CONTACT: Resource Exchange at https:// Public Scoping Meeting to satisfy NEPA Anna P. Guido, Reports Management www.onecpd.info/resource/2033/hearth- requirements is as follows: Tuesday, Officer, QMAC, Department of Housing coc-program-interim-rule/.

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

CoC Registration— Basic ...... 405 1 405 1 405 $41.78 $16,920.90 CoC Registration—UFA designation request* 20 1 20 15 300 41.78 12,534.00 CoC Registration—HPC designation request* 5 1 5 10 50 41.78 2,089.00

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20402 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

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

Grant Inventory Work- sheet ...... 405 1 405 8 3,240 41.78 135,367.20

Total ...... 405 1 835 5 3,995 ...... 166,911.10

B. Solicitation of Public Comment the Bureau of Indian Affairs (BIA), are or other personal identifying This notice is soliciting comments proposing to renew an information information in your comment, you from members of the public and affected collection. should be aware that your entire parties concerning the collection of DATES: Interested persons are invited to comment—including your personal information described in Section A on submit comments on or before June 18, identifying information—may be made the following: 2021. publicly available at any time. While you can ask us in your comment to (1) Whether the proposed collection ADDRESSES: Please send written of information is necessary for the comments on this information withhold your personal identifying proper performance of the functions of collection request (ICR) to Ms. Charlene information from public review, we the agency, including whether the Toledo, Bureau of Indian Affairs, Office cannot guarantee that we will be able to information will have practical utility; of Trust Services, Division of Probate do so. Abstract: The Secretary of the Interior (2) If the information will be Services, 2600 N Central Ave., STE MS (Secretary) probates the estates of processed and used in a timely manner; 102, Phoenix, AZ 85004: or email to individual Indians owning trust or (3) The accuracy of the agency’s [email protected]. Please restricted property in accordance with estimate of the burden of the proposed reference OMB Control Number 1076– 25 U.S.C. 372–373. In order to compile collection of information; 0169 in the subject line of your the probate file, the BIA must obtain the (4) Ways to enhance the quality, comments. family heirship data regarding the utility, and clarity of the information to FOR FURTHER INFORMATION CONTACT: To be collected; and deceased from individuals and the tribe. request additional information about This section contains the procedures (5) Ways to minimize the burden of this ICR, contact Ms. Charlene Toledo the collection of information on those that the Secretary of the Interior follows by telephone at (505) 563–3371 or email to initiate the probate of the trust estate who are to respond; including through at [email protected]. You may the use of appropriate automated for a deceased person who owns an also view the ICR at http:// interest in trust or restricted property. collection techniques or other forms of www.reginfo.gov/public/do/PRAMain. information technology, e.g., permitting The Secretary must perform the SUPPLEMENTARY INFORMATION: In electronic submission of responses. necessary research of family heirship accordance with the Paperwork HUD encourages interested parties to data collection requests in this part to Reduction Act of 1995, we provide the submit comment in response to these obtain the information necessary to general public and other Federal questions. compile an accurate and complete agencies with an opportunity to probate file. This file will be forwarded Authority: Section 3507 of the Paperwork comment on new, proposed, revised, to the Office of Hearing and Appeals Reduction Act of 1995, 44 U.S.C. Chapter 35. and continuing collections of (OHA) for disposition. Responses to Anna P. Guido, information. This helps us assess the these information collection requests are Department Reports Management Officer, impact of our information collection required to create a probate file for the Office of the Chief Information Officer. requirements and minimize the public’s decedent’s estate so that OHA can [FR Doc. 2021–07953 Filed 4–16–21; 8:45 am] reporting burden. It also helps the determine the heirs of the decedent and BILLING CODE 4210–67–P public understand our information order distribution of the trust assets in collection requirements and provide the the decedent’s estate. requested data in the desired format. Title of Collection: Probate of Indian We are soliciting comments on the DEPARTMENT OF THE INTERIOR Estates, Except for Members of the proposed ICR that is described below. Osage Nation and Five Civilized Tribes. Bureau of Indian Affairs We are especially interested in public OMB Control Number: 1076–0169. comment addressing the following Form Number: None. [212A2100DD/AAKC001030// issues: (1) Is the collection necessary to Type of Review: Extension without A0A501010.999900; OMB Control Number the proper functions of the BIA; (2) will change of currently approved collection. 1076–0169] this information be processed and used Respondents/Affected Public: Indians, Agency Information Collection in a timely manner; (3) is the estimate businesses, and tribal authorities. Activities; Probate of Indian Estates, of burden accurate; (4) how might the Total Estimated Number of Annual Except for Members of the Osage BIA enhance the quality, utility, and Respondents: 36,906 per year. Nation and Five Civilized Tribes clarity of the information to be Total Estimated Number of Annual collected; and (5) how might the BIA Responses: 41,139 per year. AGENCY: Bureau of Indian Affairs, minimize the burden of this collection Estimated Completion Time per Interior. on the respondents, including through Response: Varies from 0.5 hours to 45 ACTION: Notice of information collection; the use of information technology. hours. request for comment. Comments that you submit in Total Estimated Number of Annual response to this notice are a matter of Burden Hours: 617,486 per year. SUMMARY: In accordance with the public record. Before including your Respondent’s Obligation: Required to Paperwork Reduction Act of 1995, we, address, phone number, email address, Obtain a Benefit.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20403

Frequency of Collection: Once per from the U.S. Department of Education Each day of public sessions will be respondent per year. and the Centers for Disease Control and preceded by a Tribal consultation Total Estimated Annual Nonhour invites stakeholders to provide input session from 3 p.m.–4 p.m. ET. Tribes Burden Cost: $0. regarding additional needs and have been invited by letter to the Tribal An agency may not conduct or resources to ensure the safety and consultation sessions. sponsor and a person is not required to wellbeing of students at BIE schools. Bryan Newland, respond to a collection of information Among the items BIE is specifically unless it displays a currently valid OMB considering as it undertakes reopening Principal Deputy Assistant Secretary—Indian Affairs. control number. schools are: The authority for this action is the • What is needed to ensure student [FR Doc. 2021–07460 Filed 4–16–21; 8:45 am] Paperwork Reduction Act of 1995 (44 safety when using commercial BILLING CODE 4337–15–P U.S.C. 3501 et seq.). transportation services before students travel to a residential facility and when Elizabeth K. Appel, DEPARTMENT OF THE INTERIOR they travel home? Director, Office of Regulatory Affairs and • Would you recommend that Collaborative Action—Indian Affairs. Office of the Secretary students be vaccinated before arriving [FR Doc. 2021–08014 Filed 4–16–21; 8:45 am] on campus if vaccinations are available? [212D0102DM, DS6CS00000, BILLING CODE 4337–15–P • DLSN00000.000000, DX6CS25; OMB Control What are your recommendations to Number 1090–0011] serve students that plan to attend residential facilities and post-secondary DEPARTMENT OF THE INTERIOR Agency Information Collection institutions from communities with Activities; Submission to the Office of Bureau of Indian Affairs high rates of COVID–19? Management and Budget for Review • Are there any recommendations for and Approval; DOI Generic Clearance [212A2100DD/AAKC001030/ grades K–12 and residential facilities for the Collection of Qualitative A0A501010.999900253G] not already addressed by ED and CDC Feedback on Agency Service Delivery reopening guidance that requires Bureau of Indian Education School AGENCY: Office of the Secretary, Interior. Reopening Plans additional clarification or guidance by BIE? ACTION: Notice of information collection; AGENCY: Bureau of Indian Affairs, BIE-operated schools include three request for comment. Interior. categories, each of which BIE will plan SUMMARY: In accordance with the for separately: ACTION: Notice of public meetings. Paperwork Reduction Act of 1995, the 1. Schools serving grades K–12; Office of the Secretary are proposing to SUMMARY: The Bureau of Indian 2. BIE residential facilities; and renew an information collection. Education (BIE) is seeking stakeholder 3. Post-secondary institutions input on its plans to rely upon the latest (specifically, Haskell Indian Nations DATES: Interested persons are invited to U.S. Department of Education (ED) and University and Southwest Indian submit comments on or before May 19, the Centers for Disease Control and Polytechnic Institute (SIPI)). 2021. Prevention (CDC) guidance regarding The intended purpose of this ADDRESSES: Written comments and reopening its K–12 schools, residential stakeholder engagement is to ensure that recommendations for the proposed facilities, and post-secondary schools BIE is meeting the needs of its students, information collection should be sent for safe delivery of in-person and hybrid schools, and Tribal communities during within 30 days of publication of this instruction and determine if BIE schools the COVID–19 Pandemic recovery. BIE notice to www.reginfo.gov/public/do/ should include additional guidelines. has invited Tribes to Tribal consultation PRAMain. Find this particular information collection by selecting DATES: Public meetings addressing K–12 sessions by letter. and residential facilities will be held Public webinar sessions are scheduled ‘‘Currently under Review—Open for from 4 p.m. to 5 p.m. Eastern Time (ET) for: Public Comments’’ or by using the search function. Please provide a copy on May 10, 2021. Public meetings K–12 and Residential Facilities addressing post-secondary institutions of your comments to the Jeffrey Parrillo, will be held 4 p.m. to 5 p.m. ET on May May 10, 2021 1849 C Street NW, Washington, DC 11, 2021. Written comments must be 20240; or by email to DOI-PRA@ 4 p.m.—5 p.m. Eastern Time (ET) ios.doi.gov. Please reference OMB received by 11:59 p.m. ET, May 14, Please register in advance for this 2021. Control Number 1090–0011 in the meeting at: https:// subject line of your comments. www.zoomgov.com/meeting/ ADDRESSES: Please register in advance FOR FURTHER INFORMATION CONTACT: To register/vJItfuqorzguH3fGaQXG26 for each session using the links listed in request additional information about Nbu4mFiy4IJ_Q the SUPPLEMENTARY INFORMATION section this ICR, contact Jeffrey Parrillo, 1849 C of this notice. Written comments may be Post-Secondary Institutions Street NW, Washington, DC 20240; or by emailed to [email protected]. email to [email protected]. May 11, 2021 FOR FURTHER INFORMATION CONTACT: Dr. Individuals who are hearing or speech Tamarah Pfeiffer, Chief Academic 4 p.m.–5 p.m. Eastern Time (ET) impaired may call the Federal Relay Officer, Bureau of Indian Education; Please register in advance for this Service at 1–800–877–8339 for TTY telephone: (505) 563–3020, fax: (505) meeting at: https:// assistance. 563–3043 or email Tamarah.Pfeiffer@ www.zoomgov.com/meeting/ SUPPLEMENTARY INFORMATION: In bie.edu. register/vJItcOCtpzgvHT5Zml accordance with the Paperwork SUPPLEMENTARY INFORMATION: BIE is DobA8nzJlx9jJgEhw Reduction Act of 1995 (PRA, 44 U.S.C. working on reopening schools for safe Once registered, you will receive a 3501 et seq.) and 5 CFR 1320.8(d)(1), we delivery of in-person and hybrid confirmation email containing provide the general public and other instruction based on the latest guidance information about joining the session. Federal agencies with an opportunity to

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20404 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

comment on new, proposed, revised, Abstract: The information collection Respondents/Affected Public: and continuing collections of activity will garner qualitative customer Individuals/households; businesses; information. This helps us assess the and stakeholder feedback in an efficient, and, State, local, and Tribal impact of our information collection timely manner, in accordance with the governments. requirements and minimize the public’s Administration’s commitment to Total Estimated Number of Annual reporting burden. It also helps the improving service delivery. By Respondents: 95,000. public understand our information qualitative feedback, we mean Total Estimated Number of Annual collection requirements and provide the information that provides useful Responses: 95,000. requested data in the desired format. insights on perceptions and opinions, Estimated Average Completion Time On November 20, 2020, we published but are not statistical surveys that yield per Response: 10 minutes. in the Federal Register (85 FR 74374) a quantitative results that can be Total Estimated Number of Annual notice of our intent to request that OMB generalized to the population of study. Burden Hours: 15,833. approve this information collection. In This feedback will provide insights into Respondent’s Obligation: Voluntary. that notice, we solicited comments for customer or stakeholder perceptions, Frequency of Collection: On occasion. 60 days, ending on January 19, 2021. We experiences and expectations, provide Total Estimated Annual Nonhour received no comments to that notice. an early warning of issues with service, Burden Cost: None. As part of our continuing effort to or focus attention on areas where An agency may not conduct or reduce paperwork and respondent communication, training or changes in sponsor and a person is not required to burdens, we invite the public and other operations might improve delivery of respond to a collection of information Federal agencies to comment on new, products or services. These collections unless it displays a currently valid OMB proposed, revised, and continuing will allow for ongoing, collaborative and control number. collections of information. This helps us actionable communications between the The authority for this action is the assess the impact of our information Agency and its customers and Paperwork Reduction Act of 1995 (44 collection requirements and minimize stakeholders. It will also allow feedback U.S.C. 3501 et seq.). the public’s reporting burden. It also to contribute directly to the helps the public understand our improvement of program management. Jeffrey Parrillo, information collection requirements and Requests under this generic clearance Departmental Information Collection provide the requested data in the will be submitted to OMB via Form DI– Clearance Officer. desired format. 4011, ‘‘Generic Clearance for the [FR Doc. 2021–08007 Filed 4–16–21; 8:45 am] We are especially interested in public Collection of Qualitative Feedback on BILLING CODE 4334–63–P comment addressing the following: Agency Service Delivery.’’ (1) Whether or not the collection of Feedback collected under this generic information is necessary for the proper clearance will provide useful DEPARTMENT OF THE INTERIOR performance of the functions of the information, but it will not yield data agency, including whether or not the that can be generalized to the overall Office of the Secretary information will have practical utility; population. This type of generic [212D0102DM, DS6CS00000, (2) The accuracy of our estimate of the clearance for qualitative information DLSN00000.000000, DX6CS25; OMB Control burden for this collection of will not be used for quantitative Number 1040–0001] information, including the validity of information collections that are the methodology and assumptions used; designed to yield reliably actionable Agency Information Collection (3) Ways to enhance the quality, results, such as monitoring trends over Activities; Submission to the Office of utility, and clarity of the information to time or documenting program Management and Budget for Review be collected; and performance. Such data uses require and Approval; DOI Programmatic (4) How might the agency minimize more rigorous designs that address: the Clearance for Customer Satisfaction the burden of the collection of target population to which Surveys information on those who are to generalizations will be made, the AGENCY: Office of the Secretary, Interior. respond, including through the use of sampling frame, the sample design ACTION: appropriate automated, electronic, (including stratification and clustering), Notice of information collection; mechanical, or other technological the precision requirements or power request for comment. collection techniques or other forms of calculations that justify the proposed SUMMARY: In accordance with the information technology, e.g., permitting sample size, the expected response rate, Paperwork Reduction Act of 1995, the electronic submission of response. methods for assessing potential non- Comments that you submit in Office of the Secretary are proposing to response bias, the protocols for data renew an information collection. response to this notice are a matter of collection, and any testing procedures DATES: Interested persons are invited to public record. We will include or that were or will be undertaken prior submit comments on or before May 19, summarize each comment in our request fielding the study. Depending on the 2021. to OMB to approve this ICR. Before degree of influence the results are likely including your address, phone number, to have, such collections may still be ADDRESSES: Written comments and email address, or other personal eligible for submission for other generic recommendations for the proposed identifying information in your mechanisms that are designed to yield information collection should be sent comment, you should be aware that quantitative results. within 30 days of publication of this your entire comment—including your Title of Collection: DOI Generic notice to www.reginfo.gov/public/do/ personal identifying information—may Clearance for the Collection of PRAMain. Find this particular be made publicly available at any time. Qualitative Feedback on Agency Service information collection by selecting While you can ask us in your comment Delivery. ‘‘Currently under Review—Open for to withhold your personal identifying OMB Control Number: 1090–0011. Public Comments’’ or by using the information from public review, we Form Number: DI–4011. search function. Please provide a copy cannot guarantee that we will be able to Type of Review: Extension of a of your comments to the Jeffrey Parrillo, do so. currently approved collection. 1849 C Street NW, Washington, DC

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20405

20240; or by email to DOI-PRA@ mechanical, or other technological (d) Ease of Use and Usefulness. ios.doi.gov. Please reference OMB collection techniques or other forms of (e) Ease of Information Access. Control Number 1040–0001 in the information technology, e.g., permitting (f) Helpfulness. subject line of your comments. electronic submission of response. (g) Quality. FOR FURTHER INFORMATION CONTACT: To Comments that you submit in (h) Value for fee paid for information/ request additional information about response to this notice are a matter of product/service. this ICR, contact Jeffrey Parrillo, 1849 C public record. We will include or (2) Management practices. This area Street NW, Washington, DC 20240; or by summarize each comment in our request covers questions relating to how well email to [email protected]. to OMB to approve this ICR. Before customers are satisfied with DOI Individuals who are hearing or speech including your address, phone number, management practices and processes, impaired may call the Federal Relay email address, or other personal what improvements they might make to Service at 1–800–877–8339 for TTY identifying information in your specific processes, and whether or not assistance. comment, you should be aware that they feel specific issues were addressed your entire comment—including your and reconciled in a timely, courteous, SUPPLEMENTARY INFORMATION: In personal identifying information—may and responsive manner. accordance with the Paperwork be made publicly available at any time. Reduction Act of 1995 (PRA, 44 U.S.C. (3) Mission management. We will ask While you can ask us in your comment customers to provide satisfaction data 3501 et seq.) and 5 CFR 1320.8(d)(1), we to withhold your personal identifying provide the general public and other related to DOI’s ability to protect, information from public review, we conserve, provide access to, provide Federal agencies with an opportunity to cannot guarantee that we will be able to comment on new, proposed, revised, scientific data about, and preserve do so. natural, cultural, and recreational and continuing collections of Abstract: The Government resources that we manage, and how well information. This helps us assess the Performance and Results Act of 1993 we are carrying out our trust impact of our information collection (GPRA) (Pub. L. 103–62) requires responsibilities to American Indians. requirements and minimize the public’s agencies to ‘‘improve Federal program (4) Rules, regulations, policies. This reporting burden. It also helps the effectiveness and public accountability area focuses on obtaining feedback from public understand our information by promoting a new focus on results, customers regarding fairness, adequacy, collection requirements and provide the service quality, and customer and consistency in enforcing rules, requested data in the desired format. satisfaction.’’ To fulfill this regulations, and policies for which DOI On November 20, 2020, we published responsibility, DOI bureaus and offices is responsible. It will also help us in the Federal Register (85 FR 74376) a must collect data from their respective understand public awareness of rules notice of our intent to request that OMB user groups to better understand the and regulations and whether or not they approve this information collection. In needs and desires of the public and to are explained in a clear and that notice, we solicited comments for respond accordingly. Executive Order understandable manner. 60 days, ending on January 19, 2021. We 12862 ‘‘Setting Customer Service received no comments in response to Standards’’ also requires all executive (5) Interactions with DOI Personnel that notice. departments to ‘‘survey customers to and Contractors. Questions will range As part of our continuing effort to determine . . . their level of satisfaction from timeliness and quality of reduce paperwork and respondent with existing services.’’ We use interactions to skill level of staff burdens, we invite the public and other customer satisfaction surveys to help us providing the assistance, as well as their Federal agencies to comment on new, fulfill our responsibilities to provide courtesy and responsiveness during the proposed, revised, and continuing excellence in government by proactively interaction. collections of information. This helps us consulting with those we serve. This (6) General demographics. Some assess the impact of our information programmatic clearance provides an general demographics may be gathered collection requirements and minimize expedited approval process for DOI to augment satisfaction questions so that the public’s reporting burden. It also bureaus and offices to conduct customer we can better understand the customer helps the public understand our research through external surveys such and improve how we serve that information collection requirements and as questionnaires and comment cards. customer. We may ask customers how provide the requested data in the The proposed renewal covers all of many times they have used a service, desired format. the organizational units and bureaus in visited a facility within a specific We are especially interested in public DOI. Information obtained from timeframe, their ethnic group, or their comment addressing the following: customers by bureaus and offices will be race. (1) Whether or not the collection of provided voluntarily. No one survey All requests to collect information information is necessary for the proper will cover all the topic areas; rather, under the auspices of this proposed performance of the functions of the these topic areas serve as a guide within renewal will be carefully evaluated to agency, including whether or not the which the bureaus and offices will ensure consistency with the intent, information will have practical utility; develop questions. Questions may be requirements, and boundaries of this (2) The accuracy of our estimate of the asked in languages other than English programmatic clearance. Interior’s burden for this collection of (e.g., Spanish) where appropriate. Topic Office of Policy Analysis will conduct information, including the validity of areas include: an administrative and technical review the methodology and assumptions used; (1) Delivery, quality and value of of each specific request in order to (3) Ways to enhance the quality, products, information, and services. ensure statistical validity and utility, and clarity of the information to Respondents may be asked for feedback soundness. All information collections be collected; and regarding the following attributes of the are required to be designed and (4) How might the agency minimize information, service, and products deployed based upon acceptable the burden of the collection of provided: statistical practices and sampling information on those who are to (a) Timeliness. methodologies, and procedures that respond, including through the use of (b) Consistency. account for and minimize non-response appropriate automated, electronic, (c) Accuracy. bias, in order to obtain consistent, valid

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20406 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

data and statistics that are SUMMARY: Notice is hereby given of a following closure within the are representative of the target populations. temporary closure of certain public described above: all public, whether Title of Collection: DOI Programmatic lands administered by the Arizona Strip motorized, on foot, or otherwise, is Clearance for Customer Satisfaction Field Office, Bureau of Land prohibited. Surveys. Management (BLM). Exemptions to Closure: The following OMB Control Number: 1040–0001. DATES: This temporary closure will be in persons are exempt from this action: Form Number: DI–4010. effect from June 16 through July 3 in Any Federal, State, local, and/or Type of Review: Extension of a 2021 and 2022. military employee acting within the currently approved collection. FOR FURTHER INFORMATION CONTACT: scope of their official duties; members Respondents/Affected Public: DOI Lorraine Christian, BLM Arizona Strip of any medical, organized rescue, or customers. We define customers as Field Manager, telephone 435–688– firefighting force in performance of an anyone who uses DOI resources, 3200; address—BLM, Arizona Strip official duty; and any person products, or services. This includes Field Office, 345 East Riverside Drive, authorized, in writing, by the BLM internal customers (anyone within DOI) St. George, Utah 84790–6714; email— authorized officer. as well as external customers (e.g., the [email protected]. Persons who use a Enforcement: Any person who American public, representatives of the telecommunications device for the deaf violates the temporary closure may be private sector, academia, and other (TDD) may call the Federal Relay tried before a United States magistrate government agencies). Depending upon Service (FRS) at 1–800–877–8339 to and fined in accordance with 18 U.S.C. their role in specific situations and contact the above individual during 3571, imprisoned no more than 12 interactions, citizens and DOI normal business hours. The FRS is months under 43 U.S.C. 1733(a) and 43 stakeholders and partners may also be available 24 hours a day, 7 days a week, CFR 8360.0–7, or both. In accordance considered customers. We define to leave a message or question with the with 43 CFR 8365.1–7, State or local stakeholders to mean groups or above individual. You will receive a officials may also impose penalties for individuals who have an expressed reply during normal business hours. violations of Arizona law. interest in and who seek to influence Authority: 43 CFR 8364.1. the present and future state of DOI’s SUPPLEMENTARY INFORMATION: Pursuant resources, products, and services. to 43 CFR 8364.1, the BLM is Lorraine M. Christian, Partners are those groups, individuals, temporarily closing the Virgin River Arizona Strip Field Manager. corridor, including roads and trails and agencies who are formally engaged [FR Doc. 2021–07958 Filed 4–16–21; 8:45 am] which provide access to the river and in helping DOI accomplish its mission. BILLING CODE 4310–32–P Total Estimated Number of Annual the Virgin River Canyon Recreation Respondents: 65,000. Area, from June 16 to July 3 in 2021 and Total Estimated Number of Annual 2022 to ensure public safety while the DEPARTMENT OF THE INTERIOR Responses: 65,000. Arizona Game and Fish Department Average Completion Time per (AGFD) conducts a rotenone treatment Bureau of Reclamation on the Virgin River to eliminate red Response: 10 minutes. [RR03250000, 21XR0680G1, Total Estimated Number of Annual shiner, a highly invasive fish. AGFD RX15232000WMENVIR] Burden Hours: 10,833. requested a temporary closure of the Respondent’s Obligation: Voluntary. affected public lands to provide for the Notice of Intent To Prepare an Frequency of Collection: On occasion. safety of Virgin River users and other Environmental Impact Statement, Total Estimated Annual Nonhour public land users by preventing White Mountain Apache Tribe Rural Burden Cost: None. exposure to rotenone and potassium Water System Project, Apache County, An agency may not conduct or permanganate during the treatment Arizona sponsor and a person is not required to effort. respond to a collection of information The closure area is approximately 15 AGENCY: Bureau of Reclamation, unless it displays a currently valid OMB miles long, extending from two miles Interior. control number. downstream of the Virgin River Gorge ACTION: Notice of intent; request for The authority for this action is the fish barrier up to the Utah/Arizona comments. Paperwork Reduction Act of 1995 (44 border. Closure signs will be posted at SUMMARY: The Bureau of Reclamation U.S.C. 3501 et seq.). main entry points to this area. A map of the temporary closure area will be made (Reclamation), as the lead Federal Jeffrey Parrillo, available on the project website at: agency, intends to prepare an Departmental Information Collection https://eplanning.blm.gov/public_ Environmental Impact Statement (EIS) Clearance Officer. projects/1504321/200362749/20033212/ to evaluate the effects of the [FR Doc. 2021–08006 Filed 4–16–21; 8:45 am] 250039411/MAP_FRN_Virgin_River_ construction and operation of the BILLING CODE 4334–63–P Rotenone_Closure_20210114.pdf. The proposed White Mountain Apache Tribe temporary closure order will be posted (WMAT) Rural Water System Project. in the Arizona Strip District Office at The WMAT, Bureau of Indian Affairs DEPARTMENT OF THE INTERIOR 345 East Riverside Drive, St. George, (BIA), and U.S. Army Corps of Engineers (USACE) have been identified Bureau of Land Management Utah 84790–6714. Other documents associated with this temporary closure as cooperating agencies. Reclamation [212.LLAZA01000.L11700000.PH000] are also available upon request and by requests comments concerning the appointment at the Arizona Strip scope of the analysis and identification Notice of Temporary Closure on Public District Office. of relevant information, studies, and Lands in Mohave County, AZ Under the authority of Section 303(a) analyses. AGENCY: Bureau of Land Management, of the Federal Land Policy and DATES: Submit comments on or before Interior. Management Act of 1976 (43 U.S.C. May 19, 2021. The draft EIS is 1733(a), 43 CFR 8360.0–7, and 43 CFR scheduled for December 2021 and the ACTION: Notice of temporary closure. 8364.1), the BLM will enforce the final EIS is scheduled for November

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20407

2022 with a Record of Decision issued water supply for residents and Summary of Expected Impacts in January 2023. businesses on the Fort Apache Indian The EIS will identify and describe the ADDRESSES: Send written comments on Reservation, Arizona. effects that are reasonably foreseeable the EIS to the Phoenix Area Office, The Proposed Action would fulfill and have a reasonably close causal Bureau of Reclamation (Attn: WMAT Reclamation’s statutory mandate under relationship to the proposed action or Rural Water System EIS), 6150 West the WMAT Water Rights Quantification alternatives, including those effects that Thunderbird Road, Glendale, AZ 85306. Act (Title III of the Claims Resolution occur at the same time and place as the Comments may also be sent via email to Act of 2010) (Act) to plan, design, and proposed action or alternatives and may [email protected], or via the Project construct, as well as to operate, include effects that are later in time or website at: https://www.wmat-rws- maintain, and replace the WMAT Rural farther removed in distance from the eis.com/. Water System until the date the Project proposed action or alternatives (40 CFR FOR FURTHER INFORMATION CONTACT: Mr. is transferred to the WMAT as provided 1508.1(g)). All potentially relevant Dominic Graziani at (623) 773–6216 or in the Act. environmental resource areas were via email at [email protected]. initially considered for analysis. Individuals who use telecommunication Preliminary Proposed Action and Expected impacts include, but are not devices for the deaf (TDD) may call the Alternatives limited to, positive and/or negative Federal Information Relay Service The Proposed Action consists of impacts to water resources, soils and (FIRS) at 1–800–877–8339 between 8 construction and operation of the geology, biological resources, cultural a.m. and 8 p.m., Eastern Time, Monday Project as authorized by the Act. The resources, Indian Trust Assets, through Friday. Proposed Action would include transportation, socioeconomics, air SUPPLEMENTARY INFORMATION: Pursuant construction and operation of a dam, quality, climate change, noise, land use, to the WMAT Water Rights storage reservoir, water pumping plant, visual resources, hazardous materials Quantification Act (Title III of the water treatment facilities, and a and waste, and utilities and Claims Resolution Act of 2010) (Act), distribution system that would provide infrastructure. The effects of these expected impacts will be considered in the U.S. Congress authorized the water to the communities of Whiteriver, Secretary of the Interior (Secretary), the EIS and the range of issues and Fort Apache, Canyon Day, Cedar Creek, through an Indian Self-Determination alternatives addressed may be expanded Carrizo, and Cibecue located on the Fort and Education Assistance Act or reduced based on comments received Apache Indian Reservation. After agreement with the WMAT, to plan, in response to this notice and at the completion of construction and design, and construct a project to divert, virtual public scoping meeting. operation of the new facilities for a store, and distribute water from the period of three years by Reclamation, Anticipated Permits and Authorizations North Fork of the White River for the the WMAT would become the titled use and benefit of the WMAT. The The Proposed Action may require the owner and operator of the completed Proposed Action would fulfill following permits, certifications, and/or water system. The proposed Miner Flat Reclamation’s statutory mandate under determinations: Reservoir would hold approximately the Act and would provide a long-term, • Biological Opinion from the U.S. Fish 8,350 acre-feet of water and the dam dependable, and sustainable water and Wildlife Service pursuant to would be 163 feet high and 407 feet in supply for residents and businesses on Section 7 of the Endangered Species length. Water from the Miner Flat the Fort Apache Indian Reservation. Act Reservoir would be released to the This notice also opens public scoping to • Concurrence from the Tribal Historic North Fork of White River, diverted identify potential issues, concerns, and Preservation Officer pursuant to from the stream channel upstream of the alternatives to be considered in the EIS. Section 106 of the National Historic community of Whiteriver, and Pursuant to the National Environmental Preservation Act subsequently treated and conveyed via Policy Act of 1969 (NEPA), as amended, • Section 404 permit from the USACE pipeline to downstream Fort Apache 42 U.S.C. 4321–4347; the Council on pursuant to Section 404 of the Clean Indian Reservation communities. Environmental Quality’s Regulations for Water Act (CWA) Construction of the distribution system Implementing the Procedural Provisions • Water quality certification pursuant to would include 50 miles of new water of NEPA, 40 CFR parts 1500–1508; and Section 401 of the CWA transmission pipeline. As required by the Department of the Interior’s • National Pollutant Discharge NEPA, the EIS will include and regulations, 43 CFR part 46, Elimination System permit for the consider a Proposed Action and a Reclamation, as the lead federal agency, water treatment plant pursuant to reasonable range of alternatives, intends to prepare an EIS. The proposed Section 402 of the CWA including a No Action Alternative. Project would construct and operate a • General permit for stormwater Implementation of one of the NEPA dam, storage reservoir, pumping plant, discharges from construction activity Action Alternatives would meet current treatment facilities, and a distribution pursuant to Section 402 of the CWA, and future water needs for the WMAT system that would provide water to and preparation of a Storm Water per the Act and would fulfill communities located on the Fort Pollution Prevention Plan Reclamation’s statutory requirements Apache Indian Reservation. • BIA Road Encroachment Permit for under the Act. Reclamation first issued a Notice of construction work along BIA Route 61 Intent to prepare an EIS for this project Reasonable alternatives to the (Alchesay Fish Hatchery Road) and on September 6, 2013, but the EIS was Proposed Action may include a BIA Route 12 put on hold in August 2015 due to combination of various reservoir • BIA Federal easement granted to project complications. operations and priorities, including: (a) Reclamation for construction of the Meeting projected Rural Water System Rural Water System Purpose and Need for the Proposed demands; (b) accommodating • Arizona Department of Highway Action continuing water diversions for Encroachment Permit for construction The Proposed Action would provide a agricultural irrigation; and, (c) work inside the right-of-way of State long-term, dependable, and sustainable maintaining instream flow. Highway 73

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20408 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

Schedule for the Decision-Making personal identifying information—may INTERNATIONAL TRADE Process be made publicly available at any time. COMMISSION While you can ask us in your comment Reclamation will conduct an [Investigation No. 337–TA–567 (Advisory environmental review to analyze the to withhold your personal identifying Opinion Proceeding 2)] effects of the Proposed Action, along information from public review, we with other alternatives considered and cannot guarantee that we will be able to Certain Foam Footwear; Notice of the the associated impacts of each do so. Issuance of an Advisory Opinion; Termination of the Advisory Opinion alternative for the development of a Request for Identification of Potential Draft EIS. Following completion of the Proceeding Alternatives, Information, and environmental review, Reclamation will Analyses Relevant to the Proposed AGENCY: U.S. International Trade publish a notice of availability and Action Commission. request for public comments on the ACTION: Notice. Draft EIS, which is expected to be made Reclamation requests assistance with public in December 2021. In preparing identifying potential alternatives to the SUMMARY: Notice is hereby given that the Final EIS, which is planned for Proposed Action to be considered. As the U.S. International Trade issuance in 2022, Reclamation will suggested alternatives should still meet Commission has determined to issue an respond to comments received on the the purpose and need for the Proposed advisory opinion in the above-captioned Draft EIS. At least 30 days after the Final Action, please be as descriptive as investigation. The Commission also EIS is available, the Record of Decision possible with the suggested alternative. terminates the advisory opinion will be issued in accordance with Reclamation also requests that potential proceeding. applicable timeframes established in 40 CFR 1506.11. impacts that should be analyzed be FOR FURTHER INFORMATION CONTACT: identified. Impacts should be a result of Clint Gerdine, Office of the General Public Scoping Process the action; therefore, please identify the Counsel, U.S. International Trade This notice of intent initiates the activity and the potential impact that Commission, 500 E Street SW, scoping process, which guides the should be analyzed. Information that Washington, DC 20436, telephone (202) development of the EIS. Reclamation reviewers have that would assist in the 708–2310. Copies of non-confidential invites interested parties to participate development of alternatives or analysis documents filed in connection with this in the scoping process to help identify of resource issues is also helpful. investigation may be viewed on the the range of reasonable alternatives and Commission’s electronic docket (EDIS) Lead and Cooperating Agencies the environmental issues to be analyzed. at https://edis.usitc.gov. For help accessing EDIS, please email A virtual public scoping meeting will Reclamation is the lead Federal [email protected]. General be held on May 1, 2021, to solicit agency and the WMAT, BIA, and comments on the scope of the EIS and information concerning the Commission USACE are cooperating agencies in the may also be obtained by accessing its the issues and alternatives that should preparation of this EIS. be analyzed. Detailed information for internet server at https://www.usitc.gov. the virtual scoping meeting process will Decision Maker Hearing-impaired persons are advised be announced in advance through local that information on this matter can be media, newspapers, and the project The responsible official is obtained by contacting the website at: https://www.wmat-rws- Reclamation’s Regional Director, Commission’s TDD terminal, telephone eis.com/. At the time of this publication, Interior Region 8: Lower Colorado (202) 205–1810. the dates and log-in information for the Basin, as delegated by the Secretary of SUPPLEMENTARY INFORMATION: The scoping meeting will be available on the the Interior. Commission instituted the underlying investigation on May 11, 2006, based on project website. Nature of Decision To Be Made Additional opportunities to review a complaint, as amended, filed by Crocs, project materials, ask questions, and In accordance with the Act, ‘‘the Inc. (‘‘Crocs’’) of Niwot, Colorado. 71 FR submit comments will be provided on Secretary shall carry out all necessary 27514–15 (May 11, 2006). The the project website (https://www.wmat- environmental compliance activities complaint alleged, inter alia, violations rws-eis.com/) or at the phone number required by Federal law in of section 337 of the Tariff Act of 1930, above. It is important that reviewers implementing the Agreement [WMAT as amended (19 U.S.C. 1337), in the provide their comments at such times Water Rights Quantification Agreement importation into the United States, the sale for importation, and the sale within and in such manner that they are useful dated January 13, 2009].’’ Following the United States after importation of to the agency’s preparation of the EIS. completion of a final EIS, the Therefore, comments should be certain foam footwear, by reason of responsible official will approve a provided prior to the close of the infringement of claims 1–2 of U.S. Record of Decision. comment period and should clearly Patent No. 6,993,858 (‘‘the ’858 patent’’) articulate the reviewer’s concerns and Karl Stock, and U.S. Patent No. D517,789 (‘‘the ’789 contentions. Comments received, Acting Regional Director, Interior Region 8: patent’’). The notice of investigation including names and addresses of those Lower Colorado Basin, Bureau of named several respondents, including who comment, will be part of the public Reclamation. Double Diamond Distribution Ltd. record for this Proposed Action. [FR Doc. 2021–07974 Filed 4–16–21; 8:45 am] (‘‘Double Diamond’’) of Saskatoon, Canada. Public Availability of Comments BILLING CODE 4332–90–P On July 25, 2008, the Commission Before including your address, phone issued a final determination finding no number, email address, or other violation of section 337. 73 FR 45073– personal identifying information in your 74 (Aug. 1, 2008). On July 15, 2011, after comment, you should be aware that an appeal to the U.S. Court of Appeals your entire comment—including your for the Federal Circuit and subsequent

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20409

remand vacating the Commission’s By order of the Commission. certain fitness devices, streaming previous finding of no violation, the Issued: April 13, 2021. components thereof, and systems Commission found a violation of section Lisa Barton, containing same. The complainant 337 based on infringement of the Secretary to the Commission. names as respondents: ICON Health & asserted claims of the patents and [FR Doc. 2021–07966 Filed 4–16–21; 8:45 am] Fitness, Inc. of Logan, UT; FreeMotion issued a general exclusion order BILLING CODE 7020–02–P Fitness, Inc. of Logan, UT; NordicTrack, (‘‘GEO’’) and, inter alia, a cease and Inc. of Logan, UT; lululemon athletica desist order (‘‘CDO’’) directed against inc. of Canada; Curiouser Products Inc. Double Diamond. 76 FR 43723–24 (July INTERNATIONAL TRADE d/b/a MIRROR of New York, NY; and 21, 2011). COMMISSION Peloton Interactive, Inc. of New York, On March 28, 2020, the ’789 patent NY. The complainant requests that the expired. Accordingly, the GEO and Notice of Receipt of Complaint; Commission issue a limited exclusion CDO, by their terms, are only directed Solicitation of Comments Relating to order, cease and desist orders, and to articles that infringe one or more of the Public Interest impose a bond upon respondents’ claims 1 and 2 of the ’858 patent. On alleged infringing articles during the 60- AGENCY: December 8, 2020, Double Diamond U.S. International Trade day Presidential review period pursuant submitted a request for institution of an Commission. to 19 U.S.C. 1337(j). expedited advisory opinion proceeding ACTION: Notice. Proposed respondents, other to determine whether its new Original SUMMARY: interested parties, and members of the TM Notice is hereby given that Beach DAWGS shoes with plastic the U.S. International Trade public are invited to file comments on washers are subject to the GEO or CDO. Commission has received a complaint any public interest issues raised by the On December 18, 2020, Crocs opposed entitled In the Matter of Certain Fitness complaint or § 210.8(b) filing. Double Diamond’s request for an Devices, Streaming Components Comments should address whether expedited advisory opinion proceeding. Thereof, and Systems Containing Same, issuance of the relief specifically On December 22, 2020, Double DN 3544; the Commission is soliciting requested by the complainant in this Diamond moved for leave to file a reply comments on any public interest issues investigation would affect the public to Crocs’ opposition, and on December raised by the complaint or health and welfare in the United States, 23, 2020, Crocs responded to Double complainant’s filing pursuant to the competitive conditions in the United Diamond’s motion for leave to reply. Commission’s Rules of Practice and States economy, the production of like On January 7, 2021, the Commission Procedure. or directly competitive articles in the instituted an advisory opinion United States, or United States proceeding to determine whether FOR FURTHER INFORMATION CONTACT: Lisa consumers. Double Diamond’s new Original Beach R. Barton, Secretary to the Commission, In particular, the Commission is DAWGSTM shoes with plastic washers U.S. International Trade Commission, interested in comments that: fell within the scope of the GEO or CDO. 500 E Street SW, Washington, DC (i) Explain how the articles 86 FR 2696 (January 13, 2021). 20436, telephone (202) 205–2000. The potentially subject to the requested Concurrent with the notice, the public version of the complaint can be remedial orders are used in the United Commission ordered supplemental accessed on the Commission’s States; information and a product sample from Electronic Document Information (ii) identify any public health, safety, Double Diamond. Comm’n Order (Jan. 7, System (EDIS) at https://edis.usitc.gov. or welfare concerns in the United States 2021). On January 14, 2021, Double For help accessing EDIS, please email relating to the requested remedial Diamond submitted its response to the [email protected]. orders; Commission Order. On January 28, General information concerning the (iii) identify like or directly 2021, Crocs submitted its reply to Commission may also be obtained by competitive articles that complainant, Double Diamond’s submission. accessing its internet server at United its licensees, or third parties make in the Having considered the record States International Trade Commission United States which could replace the evidence including the parties’ filings, (USITC) at https://www.usitc.gov . The subject articles if they were to be the Commission has determined that public record for this investigation may excluded; Double Diamond’s new Original Beach be viewed on the Commission’s (iv) indicate whether complainant, DAWGSTM shoes with permanent Electronic Document Information complainant’s licensees, and/or third plastic washers that prevent all direct System (EDIS) at https://edis.usitc.gov. party suppliers have the capacity to contact between the strap and the base Hearing-impaired persons are advised replace the volume of articles of the shoe do not fall within the scope that information on this matter can be potentially subject to the requested of the GEO or CDO and therefore should obtained by contacting the exclusion order and/or a cease and not be excluded. The reasons for the Commission’s TDD terminal on (202) desist order within a commercially Commission’s determination are set 205–1810. reasonable time; and forth in the accompanying Advisory SUPPLEMENTARY INFORMATION: The (v) explain how the requested Opinion, and the advisory opinion Commission has received a complaint remedial orders would impact United proceeding is hereby terminated. and a submission pursuant to § 210.8(b) States consumers. The Commission vote for this of the Commission’s Rules of Practice Written submissions on the public determination took place on April 13, and Procedure filed on behalf of DISH interest must be filed no later than by 2021. DBS Corporation, DISH Technologies close of business, eight calendar days The authority for the Commission’s L.L.C., and Sling TV L.L.C on April 13, after the date of publication of this determination is contained in section 2021. The complaint alleges violations notice in the Federal Register. There 337 of the Tariff Act of 1930, as of section 337 of the Tariff Act of 1930 will be further opportunities for amended, 19 U.S.C. 1337, and in part (19 U.S.C. 1337) in the importation into comment on the public interest after the 210 of the Commission’s Rules of the United States, the sale for issuance of any final initial Practice and Procedure, 19 CFR part importation, and the sale within the determination in this investigation. Any 210. United States after importation of written submissions on other issues

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20410 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

must also be filed by no later than the purposes. All nonconfidential written (Deutsche Bank), including DWS close of business, eight calendar days submissions will be available for public Investment Management Americas Inc. after publication of this notice in the inspection at the Office of the Secretary (DIMA or the Applicant), to continue Federal Register. Complainant may file and on EDIS.3 relying on the class exemptive relief replies to any written submissions no This action is taken under the granted in Prohibited Transaction later than three calendar days after the authority of section 337 of the Tariff Act Exemption (PTE) 84–14 (PTE 84–14 or date on which any initial submissions of 1930, as amended (19 U.S.C. 1337), the QPAM Class Exemption), for up to were due. No other submissions will be and of §§ 201.10 and 210.8(c) of the three years, notwithstanding the 2017 accepted, unless requested by the Commission’s Rules of Practice and criminal conviction of DB Group Commission. Any submissions and Procedure (19 CFR 201.10, 210.8(c)). Services (UK) Limited (the U.S. replies filed in response to this Notice By order of the Commission. Conviction). The Department is granting this exemption to ensure that Covered are limited to five (5) pages in length, Issued: April 14, 2021. Plans with assets managed by an asset inclusive of attachments. Lisa Barton, Persons filing written submissions manager within the corporate family of Secretary to the Commission. must file the original document Deutsche Bank may continue to benefit electronically on or before the deadlines [FR Doc. 2021–07988 Filed 4–16–21; 8:45 am] from the relief provided by PTE 84–14, stated above. Submissions should refer BILLING CODE 7020–02–P with the protection of this exemption’s to the docket number (‘‘Docket No. additional conditions.1 3544’’) in a prominent place on the The grant of this three-year exemption cover page and/or the first page. (See DEPARTMENT OF LABOR does not imply that the Department will Handbook for Electronic Filing grant additional relief for the DB Procedures, Electronic Filing Employee Benefits Security QPAMs to continue to rely on the relief Procedures 1). Please note the Administration in PTE 84–14 beyond the end of this Secretary’s Office will accept only [Prohibited Transaction Exemption 2021– exemption’s three-year term. This electronic filings during this time. 01; Exemption Application No. D–12018] exemption provides only the relief Filings must be made through the specified in the text of the exemption, Commission’s Electronic Document Exemption for Certain Prohibited and only with respect to the criminal Information System (EDIS, https:// Transaction Restrictions Involving convictions or criminal conduct edis.usitc.gov.) No in-person paper- DWS Investment Management described herein. It provides no relief based filings or paper copies of any Americas, Inc. (DIMA or the Applicant) from violations of any law other the electronic filings will be accepted until and Certain Current and Future Asset prohibited transaction provisions of further notice. Persons with questions Management Affiliates of Deutsche ERISA and the Code. The Department intends for the terms regarding filing should contact the Bank AG (each a DB QPAM) Located of this exemption to promote adherence Secretary at [email protected]. in New York, New York to basic fiduciary standards under Any person desiring to submit a AGENCY: Employee Benefits Security ERISA and the Code. This exemption document to the Commission in Administration, Labor. also aims to ensure that Covered Plans confidence must request confidential ACTION: Notice of exemption. can terminate relationships in an treatment. All such requests should be orderly and cost-effective fashion in the directed to the Secretary to the SUMMARY: This document is a notice of event the fiduciary of a Covered Plan Commission and must include a full exemption issued by the Department of determines it is prudent to terminate the statement of the reasons why the Labor (the Department) from certain of relationship with a DB QPAM. The Commission should grant such the prohibited transaction restrictions of Department makes the requisite findings treatment. See 19 CFR 201.6. Documents the Employee Retirement Income under ERISA section 408(a) based on for which confidential treatment by the Security Act of 1974 (ERISA or the Act) adherence to all the conditions of the Commission is properly sought will be and/or the Internal Revenue Code of exemption. Accordingly, affected parties treated accordingly. All information, 1986 (the Code). The exemption allows should be aware that the conditions including confidential business entities with specified relationships to incorporated in this exemption are, information and documents for which Deutsche Bank AG to continue to rely confidential treatment is properly on the exemptive relief provided by 1 For purposes of this exemption, a ‘‘Covered sought, submitted to the Commission for Prohibited Transaction Class Exemption Plan’’ is a plan subject to Part 4 of Title 1 of ERISA purposes of this Investigation may be 84–14, if certain conditions are met. (‘‘ERISA-covered plan’’) or a plan subject to section disclosed to and used: (i) By the 4975 of the Code (‘‘IRA’’) with respect to which a DATES: This exemption will be in effect DB QPAM relies on PTE 84–14, or with respect to Commission, its employees and Offices, for a period of up to three (3) years which a DB QPAM (or any Deutsche Bank affiliate) and contract personnel (a) for beginning on April 18, 2021. has expressly represented that the manager qualifies developing or maintaining the records as a QPAM or relies on the QPAM class exemption FOR FURTHER INFORMATION CONTACT: (PTE 84–14). A Covered Plan does not include an of this or a related proceeding, or (b) in Frank Gonzalez of the Department at ERISA-covered plan or IRA to the extent the DB internal investigations, audits, reviews, (202) 693–8553. (This is not a toll-free QPAM has expressly disclaimed reliance on QPAM and evaluations relating to the number.) status or PTE 84–14 in entering into its contract, programs, personnel, and operations of arrangement, or agreement with the ERISA-covered SUPPLEMENTARY INFORMATION: On plan or IRA. Notwithstanding the above, a DB the Commission including under 5 February 12, 2021, the Department QPAM may disclaim reliance on QPAM status or U.S.C. Appendix 3; or (ii) by U.S. published a notice of proposed PTE 84–14 in a written modification of a contract, government employees and contract arrangement, or agreement with an ERISA-covered exemption in the Federal Register at 86 personnel 2, solely for cybersecurity plan or IRA, where: The modification is made in a FR 9376, for certain qualified bilateral document signed by the client; the client’s professional asset managers within the attention is specifically directed toward the 1 Handbook for Electronic Filing Procedures: disclaimer; and the client is advised in writing that, https://www.usitc.gov/documents/handbook_on_ corporate family of Deutsche Bank AG with respect to any transaction involving the filing_procedures.pdf. client’s assets, the DB QPAM will not represent that 2 All contract personnel will sign appropriate 3 Electronic Document Information System it is a QPAM, and will not rely on the relief nondisclosure agreements. (EDIS): https://edis.usitc.gov. described in PTE 84–14.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20411

taken as a whole, necessary for the Comments From the Applicant specifically designed to ensure equitable Department to grant the relief requested I. Revision to Section I(i)(8). Section treatment of all investors in a pooled by the Applicant. Absent these or I(i)(8) of the proposed exemption fund in the event such withdrawal or similar conditions, the Department provides: ‘‘The Audit Committee of termination may have adverse would not have granted this exemption. Deutsche Bank’s Supervisory Board is consequences for all other investors.’’ The Department has revised this The Applicant requested an provided a copy of each Audit Report; sentence for purposes of this exemption, individual exemption pursuant to and a senior executive officer with a by striking the phrase ‘‘with respect to section 408(a) of ERISA and section direct reporting line to the highest any investment in a separately managed ranking legal compliance officer of 4975(c)(2) of the Code, and in account or pooled fund subject to ERISA Deutsche Bank must review the Audit accordance with the procedures set and managed by such QPAM.’’ It is the forth in 29 CFR part 2570, subpart B (76 Report for each DB QPAM and must Department’s understanding, based on FR 66637, 66644, October 27, 2011). certify in writing, under penalty of representations from the Applicant, that Effective December 31, 1978, section perjury, that such officer has reviewed no other accounts are applicable. 102 of the Reorganization Plan No. 4 of each Audit Report. Deutsche Bank must III. Revision to Section I(k). Section 1978, 5 U.S.C. App. 1 (1996), transferred provide notice to the Department in the I(k) of the proposed exemption the authority of the Secretary of the event of a switch in the committee to provides: ‘‘Each DB QPAM provides a Treasury to issue administrative which the Audit Report will be notice regarding the proposed exemptions under section 4975(c)(2) of provided.’’ exemption, along with a separate the Code to the Secretary of Labor. Applicant’s Request: The Applicant summary describing the facts that led to Accordingly, the Department grants this notes that Section I(i)(8) of the proposed the U.S. Conviction (the Summary), exemption under its sole authority. extension requires review and which have been submitted to the certification of the audit report by a Department, and a prominently Department’s Comment ‘‘senior executive officer with a direct displayed statement (the Statement) that reporting line to the highest ranking The Department cautions that the the U.S. Conviction results in a failure legal compliance officer of Deutsche relief in this exemption will terminate to meet a condition in PTE 84–14, to Bank.’’ The Applicant requests that the immediately if an entity within the each sponsor and beneficial owner of a term ‘‘legal’’ be deleted. Deutsche Bank corporate structure is Covered Plan that entered into a written Department’s Response: The convicted of a crime described in asset or investment management Department has revised the exemption agreement with a DB QPAM, or the Section I(g) of PTE 84–14 (other than the consistent with the Applicant’s request. judgment of conviction against DB sponsor of an investment fund in any II. Revision to Section I(j)(7). Section case where a DB QPAM acts as a sub- Group Services (UK) Limited for one (1) I(j)(7) of the proposed exemption count of wire fraud, as further defined adviser to the investment fund in which provides: ‘‘By August 18, 2021, each DB such ERISA-covered plan and IRA below) during the Exemption Period. QPAM must provide a notice of its Although the DB QPAMs could apply invests. The notice, Summary and obligations under this Section I(j) to Statement must be provided prior to, or for a new exemption in that each Covered Plan. For Covered Plans circumstance, the Department would contemporaneously with, the client’s that enter into a written asset or receipt of a written asset management not be obligated to grant the exemption. investment management agreement with The Department specifically designed agreement from the DB QPAM. The a DB QPAM on or after April 18, 2021, clients must receive a Federal Register the terms of this exemption to permit the DB QPAM must agree to its plans to terminate their relationships in copy of the notice of final exemption obligations under this section I(j) in an within sixty (60) days of this an orderly and cost effective fashion in updated investment management exemption’s effective date. The notice the event of an additional conviction, or agreement between the DB QPAM and may be delivered electronically the expiration of this exemption without such clients or other written contractual (including by an email that has a link to additional relief, or a determination that agreement. . . .’’ this exemption).’’ it is otherwise prudent for a plan to Applicant’s Request: The Applicant Applicant’s Request: The Applicant terminate its relationship with an entity requests that Section I(j)(7) be revised to requests that the DB QPAMs have until covered by the exemption. provide that, for Covered Plans that August 18, 2021 to provide the required Written Comments enter into a written asset or investment disclosures to Covered Plans that enter management agreement (IMA) on or or have entered into an IMA before that The Department invited all interested after August 18, 2021 (rather than April date. The Applicant states that it will be persons to submit written comments 18, 2021), the DB QPAM must agree to operationally difficult for the DB and/or requests for a public hearing its obligations in an updated IMA. QPAMs to provide clients with physical with respect to the notice of proposed Department’s Response: The copies of the required documents exemption. In this regard, the Applicant Department has revised the exemption beginning on the effective date of the was given seven days to provide notice consistent with the Applicant’s request. exemption, given the various system- to interested persons, and all comments Department’s Note: The first sentence driven account opening processes and requests for a hearing were due by of Section I(j)(4) of the proposed utilized among the impacted lines of March 22, 2021. The Department exemption read: ‘‘Not to restrict the business. The Applicant states that it is received two written comments. One ability of such Covered Plan to probable that many such prospective commenter raised issues unrelated to terminate or withdraw from its clients have already received copies of and outside of the scope of the proposed arrangement with the DB QPAM with current account opening agreements, exemption. The other commenter was respect to any investment in a which they are reviewing and will sign the Applicant. After considering the separately managed account or pooled and return over the following several entire record developed in connection fund subject to ERISA and managed by weeks or months. These account with the Applicant’s exemption request, such QPAM, with the exception of opening documents would not include the Department has determined to grant reasonable restrictions, appropriately the new exemption materials. The the exemption, as described below. disclosed in advance, that are Applicant requests further that a similar

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20412 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

period of time be provided for above, a DB QPAM may disclaim (1) The fact that a transaction is the prospective Covered Plan clients that reliance on QPAM status or PTE 84–14 subject of an exemption under section enter into an IMA on or after that date. in a written modification of a contract, 408(a) of the Act or section 4975(c)(2) of In addition, the Applicant requests that arrangement, or agreement with an the Code does not relieve a fiduciary or the DB QPAMs should not fail this ERISA-covered plan or IRA, where: The other party in interest or disqualified condition solely because a Covered Plan modification is made in a bilateral person from certain other provisions of refuses to sign an updated IMA. document signed by the client; the the Act and/or the Code, including any Department’s Response: The client’s attention is specifically directed prohibited transaction provisions to Department is revising the exemption, toward the disclaimer; and the client is which the exemption does not apply in part, as requested by the Applicant. advised in writing that, with respect to and the general fiduciary responsibility The Department has revised Section I(k) any transaction involving the client’s provisions of section 404 of the Act, to allow the DB QPAMs sixty days to assets, the DB QPAM will not represent which, among other things, require a provide the required notices, and has that it is a QPAM, and will not rely on fiduciary to discharge his or her duties revised the exemption to provide that the relief described in PTE 84–14. respecting the plan solely in the interest the DB QPAMs will not fail Section I(k) VI. Revision to Section II(f). Section of the participants and beneficiaries of solely because a Covered Plan refuses to II(f) of the proposed exemption provides the plan and in a prudent fashion in sign an updated IMA. that the term ‘‘Plea Agreement’’ means: accordance with section 404(a)(1)(B) of IV. Revision to Section I(m)(1)(ii) of ‘‘The Plea Agreement entered into the Act; nor does it affect the the Proposed Exemption. Section between DB Group Services and the requirement of section 401(a) of the I(m)(1)(ii) states: ‘‘The Compliance U.S. Department of Justice, Fraud Code that the plan must operate for the Officer must have a direct reporting line Section, Criminal Division, on April 23, exclusive benefit of the employees of to the highest-ranking corporate officer 2015 in connection with Case Number the employer maintaining the plan and in charge of legal compliance for asset 3:15–cr–00062–RNC filed in the U.S. their beneficiaries; management.’’ District Court for the District of (2) In accordance with section 408(a) Applicant’s Request: The Applicant Connecticut, subsequently adjudged by of ERISA and section 4975(c)(2) of the seeks removal of the term ‘‘legal’’ from the Court on March 28, 2017.’’ Code, the Department makes the this condition. following determinations: The Department’s Response: The Applicant’s Request: The Applicant exemption is administratively feasible, Department has made the requested requests a revision to Section II(f) of the the exemption is in the interests of revision. proposed exemption to clarify that the V. Definition of Covered Plan. Section Plea Agreement was entered into on affected plans and of their participants II(b) of the proposed exemption defines April 23, 2015, and DB Group Services and beneficiaries, and the exemption is the term ‘‘Covered Plan’’ as: ‘‘A plan was sentenced on March 28, 2017. protective of the rights of participants subject to Part 4 of Title I of ERISA (an Department’s Response: The and beneficiaries of such plans; (3) The exemption is supplemental to, ‘‘ERISA-covered plan’’) or a plan subject Department has revised the exemption and not in derogation of, any other to section 4975 of the Code (an ‘‘IRA’’), consistent with the Applicant’s request. provisions of ERISA, including statutory in each case, with respect to which a DB Other Requested Revisions: In its or administrative exemptions and QPAM relies on PTE 84–14, or with comment letter, the Applicant transitional rules. Furthermore, the fact respect to which a DB QPAM (or any requested: (1) Deletion of the word that a transaction is subject to an Deutsche Bank affiliate) has expressly ‘‘certain’’ from the Section II(a) phrase administrative or statutory exemption is represented that the manager qualifies ‘‘any certain current and future, not dispositive of whether the as a QPAM or relies on PTE 84–14. A Deutsche Bank asset management transaction is in fact a prohibited Covered Plan does not include an affiliates . . . ;’’ and (2) revision of the transaction; and ERISA-covered plan or IRA to the extent Section II(c) term ‘‘DB Group Services (4) The availability of this exemption the DB QPAM has expressly disclaimed UK Limited’’ to ‘‘DB Group Services is subject to the express condition that reliance on QPAM status or PTE 84–14 (UK) Limited.’’ the material facts and representations in entering into a contract, arrangement, Department’s Response: The contained in the application are or agreement with the ERISA-covered Department has made the requested accurate. plan or IRA.’’ revisions. Applicant’s Request: The Applicant After full consideration and review of Accordingly, the following exemption requests that new language be added to the entire record, the Department has is granted under the authority of section the proposed exemption’s definition of decided to grant the exemption, with 408(a) of ERISA and section 4975(c)(2) Covered Plan, clarifying that a DB the modifications discussed above. The of the Code and in accordance with the QPAM may disclaim reliance on QPAM complete application file (D–12018) is procedures set forth in 29 CFR part status or PTE 84–14 where the available in the Public Disclosure Room 2570, subpart B (76 FR 66637, 66644, disclaimer is made in a modification of of the Employee Benefits Security October 27, 2011): a contract, arrangement, or agreement Administration, Room N–1515, U.S. Three Year Exemption with an ERISA-covered plan or IRA. The Department of Labor, 200 Constitution The Department is granting this three- Applicant states that the modification Avenue NW, Washington, DC 20210. year exemption under the authority of would be made in a bilateral document For a more complete statement of the section 408(a) of the Act (or ERISA) and signed by the client, where the client’s facts and representations supporting the section 4975(c)(2) of the Internal attention is specifically directed toward Department’s decision to grant this Revenue Code (or Code), and in the disclaimer, and where the client is exemption, refer to the notice of accordance with the procedures set advised in writing what it means to not proposed exemption published on forth in 29 CFR part 2570, subpart B (76 use the QPAM Exemption. February 12, 2021 at 86 FR 9376. FR 66637, 66644, October 27, 2011).2 Department’s Response: The General Information Department has added the following 2 For purposes of this three-year exemption, new language to the definition of The attention of interested persons is references to section 406 of Title I of the Act, unless Covered Plan: Notwithstanding the directed to the following: otherwise specified, should be read to refer as well

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20413

Effective December 31, 1978, section authority or influence to direct an case as applicable with respect to each 102 of Reorganization Plan No. 4 of ‘‘investment fund’’ (as defined in Covered Plan, and does not knowingly 1978, 5 U.S.C. App. 1 (1996), transferred Section VI(b) of PTE 84–14) that is participate in any violation of these the authority of the Secretary of the subject to ERISA or the Code and duties and provisions with respect to Treasury to issue exemptions of the type managed by such DB QPAM with Covered Plans; requested to the Secretary of Labor. respect to one or more Covered Plan (as (iii) The DB QPAM does not Therefore, this notice of exemption is defined in Section II(b), to enter into knowingly participate in any other issued solely by the Department. any transaction with DB Group Services, person’s violation of ERISA or the Code or to engage DB Group Services to with respect to Covered Plans; Section I. Covered Transactions provide any service to such investment (iv) Any filings or statements made by The DB QPAMs, as further defined in fund, for a direct or indirect fee borne the DB QPAM to regulators, including, Section II(c), will not be precluded from by such investment fund, regardless of but not limited to, the Department, the relying on the exemptive relief provided whether such transaction, or service, Department of the Treasury, the by Prohibited Transaction Exemption may otherwise be within the scope of Department of Justice, and the Pension 84–14 (PTE 84–14),3 notwithstanding relief provided by an administrative or Benefit Guaranty Corporation, on behalf the ‘‘U.S. Conviction’’ against DB Group statutory exemption; of or in relation to Covered Plans, are Services (as further defined in Section (e) Any failure of the DB QPAMs to materially accurate and complete, to the II(a)), during the Exemption Period, satisfy Section I(g) of PTE 84–14 arose best of such QPAM’s knowledge at that provided that the following conditions solely from the U.S. Conviction; time; are satisfied: 4 (f) A DB QPAM did not exercise (v) To the best of the DB QPAM’s (a) The DB QPAMs (including their authority over the assets of any plan knowledge at the time, the DB QPAM subject to Part 4 of Title I of ERISA (an officers, directors, agents other than does not make material ERISA-covered plan) or section 4975 of Deutsche Bank, and employees of such misrepresentations or omit material the Code (an IRA) in a manner that it QPAMs) did not know of, have reason information in its communications with knew, or should have known, would: to know of, or participate in the such regulators with respect to Covered Further the criminal conduct that is the criminal conduct of DB Group Services Plans, or make material subject of the U.S. Conviction; or cause that is the subject of the U.S. misrepresentations or omit material the DB QPAM or its affiliates to directly, Conviction. For purposes of this information in its communications with or indirectly, profit from the criminal exemption, ‘‘participate in’’ or Covered Plans; conduct that is the subject of the U.S. ‘‘participated in’’ refers not only to (vi) The DB QPAM complies with the active participation in the criminal Conviction; (g) Other than with respect to terms of this exemption; and conduct that is the subject of the U.S. (2) Any violation of, or failure to Conviction, but also to knowing employee benefit plans maintained or sponsored for its own employees or the comply with an item in subparagraphs approval of the criminal conduct that is (h)(1)(ii) through (h)(1)(vi), is corrected the subject of the U.S. Conviction, or employees of an affiliate, DB Group Services will not act as a fiduciary as soon as reasonably possible upon knowledge of the conduct without discovery, or as soon after the QPAM taking active steps to prevent the within the meaning of section 3(21)(A)(i) or (iii) of ERISA, or section reasonably should have known of the conduct, including reporting the noncompliance (whichever is earlier), conduct to the individual’s supervisors, 4975(e)(3)(A) and (C) of the Code, with respect to ERISA-covered plan and IRA and any such violation or compliance and to the Board of Directors; failure not so corrected is reported, (b) The DB QPAMs (including their assets; provided, however, DB Group Services will not be treated as violating upon the discovery of such failure to so officers, directors, agents other than correct, in writing, to the head of Deutsche Bank, and employees of such the conditions of this exemption solely because it acted as an investment advice compliance and the DB QPAM’s general QPAMs) did not receive direct counsel (or their functional equivalent) compensation, or knowingly receive fiduciary within the meaning of section 3(21)(A)(ii) of ERISA, or section of the relevant DB QPAM that engaged indirect compensation, in connection in the violation or failure, and the with the criminal conduct that is the 4975(e)(3)(B) of the Code, or because DB Group Services employees may be independent auditor responsible for subject of the U.S. Conviction. reviewing compliance with the Policies. (c) The DB QPAMs do not currently double-hatted, seconded, supervised or A DB QPAM will not be treated as and will not in the future employ or otherwise subject to the control of a DB having failed to develop, implement, knowingly engage any of the individuals QPAM, including in a discretionary maintain, or follow the Policies, that ‘‘participated in’’ the criminal fiduciary capacity with respect to the provided that it corrects any instance of conduct that is the subject of the U.S. DB QPAM clients; noncompliance as soon as reasonably Conviction; (h)(1) Each DB QPAM must continue possible upon discovery, or as soon as (d) At all times during the Exemption to maintain, adjust (to the extent reasonably possible after the QPAM Period, no DB QPAM will use its necessary), implement and follow written policies and procedures (the reasonably should have known of the noncompliance (whichever is earlier), to the corresponding provisions of section 4975 of Policies). The Policies must require, and the Code. must be reasonably designed to ensure and provided that it adheres to the 3 49 FR 9494 (March 13, 1984), as corrected at 50 that: reporting requirements set forth in this FR 41430, (October 10, 1985), as amended at 70 FR (i) The asset management decisions of subparagraph (2); 49305(August 23, 2005), and as amended at 75 FR the DB QPAM are conducted (3) Each DB QPAM must maintain, 38837 (July 6, 2010). adjust (to the extent necessary) and 4 Section I(g) of PTE 84–14 generally provides independently of the corporate relief only if ‘‘[n]either the QPAM nor any affiliate management and business activities of implement a program of training (the thereof . . . nor any owner . . . of a 5 percent or DB Group Services; Training), to be conducted at least more interest in the QPAM is a person who within (ii) The DB QPAM fully complies annually, for all relevant DB QPAM the 10 years immediately preceding the transaction asset/portfolio management, trading, has been either convicted or released from with ERISA’s fiduciary duties and with imprisonment, whichever is later, as a result of’’ ERISA and the Code’s prohibited legal, compliance, and internal audit certain felonies including fraud. transaction provisions, in each such personnel. The Training must:

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20414 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

(i) At a minimum, cover the Policies, Covered Plans, sufficient in size and auditor’s conclusions in lieu of ERISA and Code compliance (including nature to afford the auditor a reasonable independent determinations and testing applicable fiduciary duties and the basis to determine such QPAM’s performed by the auditor as required by prohibited transaction provisions), operational compliance with the Section I(i)(3) and (4) above; ethical conduct, the consequences for Policies and Training; (ii) The adequacy of the most recent not complying with the conditions of (5) For each audit, on or before the Exemption Review described in Section this exemption (including any loss of end of the relevant period described in I(m); exemptive relief provided herein), and Section I(i)(1) for completing the audit, (6) The auditor must notify the prompt reporting of wrongdoing; and the auditor must issue a written report respective DB QPAM of any instance of (ii) Be conducted by a professional (the Audit Report) to Deutsche Bank, noncompliance identified by the auditor who has been prudently selected and and the DB QPAM to which the audit within five (5) business days after such who has appropriate technical training applies that describes the procedures noncompliance is identified by the and proficiency with ERISA and the performed by the auditor in connection auditor, regardless of whether the audit Code; and with its examination. The auditor, at its has been completed as of that date; (iii) Be conducted in-person, discretion, may issue a single (7) With respect to each Audit Report, electronically or via a website; consolidated Audit Report that covers the DB QPAM’s general counsel, or one (i)(1) Each DB QPAM submits to three all the DB QPAMs. The Audit Report of the three most senior executive audits conducted annually by an must include the auditor’s specific officers of the line of business engaged independent auditor, who has been determinations regarding: in discretionary asset management prudently selected and who has (i) The adequacy of each DB QPAM’s services through the DB QPAM with appropriate technical training and Policies and Training; each DB QPAM’s respect to which the Audit Report proficiency with ERISA and the Code, to compliance with the Policies and applies, must certify in writing, under evaluate the adequacy of, and each DB Training; the need, if any, to strengthen penalty of perjury, that the officer has QPAM’s compliance with, the Policies such Policies and Training; and any reviewed the Audit Report and this and Training described herein. The instance of the respective DB QPAM’s exemption; that, to the best of such audit requirement must be incorporated noncompliance with the written officer’s knowledge at the time, the DB in the Policies. The first audit must Policies and Training described above. QPAM has addressed, corrected, cover a 12 month period that begins on The DB QPAM must promptly address remedied any noncompliance and April 18, 2021 and ends on April 17, any noncompliance. The DB QPAM inadequacy or has an appropriate 2022. The second and third audits must must promptly address or prepare a written plan to address any inadequacy cover the 12 month period that begins written plan of action to address any regarding the Policies and Training on April 18, 2022, and April 18, 2023, determination as to the adequacy of the identified in the Audit Report. Such respectively. Each of the three annual Policies and Training and the auditor’s certification must also include the audits must be completed no later than recommendations (if any) with respect signatory’s determination that, to the six (6) months after the corresponding to strengthening the Policies and best of such officer’s knowledge at the audit’s ending period; Training of the respective QPAM. Any time, the Policies and Training in effect (2) Within the scope of the audit and action taken or the plan of action to be at the time of signing are adequate to to the extent necessary for the auditor, taken by the DB QPAM must be ensure compliance with the conditions in its sole opinion, to complete its audit included in an addendum to the Audit of this exemption, and with the and comply with the conditions Report (such addendum must be applicable provisions of ERISA and the described herein, and only to the extent completed prior to the certification Code; such disclosure is not prevented by state described in Section I(i)(7) below). In (8) The Audit Committee of Deutsche or federal statute, or involves the event such a plan of action to Bank’s Supervisory Board is provided a communications subject to attorney- address the auditor’s recommendation copy of each Audit Report; and a senior client privilege, each DB QPAM and, if regarding the adequacy of the Policies executive officer with a direct reporting applicable, Deutsche Bank, will grant and Training is not completed by the line to the highest ranking compliance the auditor unconditional access to its time of submission of the Audit Report, officer of Deutsche Bank must review business, including, but not limited to: the following period’s Audit Report the Audit Report for each DB QPAM Its computer systems; business records; must state whether the plan was and must certify in writing, under transactional data; workplace locations; satisfactorily completed. Any penalty of perjury, that such officer has Training materials; and personnel. Such determination by the auditor that the reviewed each Audit Report. Deutsche access is limited to information relevant respective DB QPAM has implemented, Bank must provide notice to the to the auditor’s objectives, as specified maintained, and followed sufficient Department in the event of a switch in by the terms of this exemption; Policies and Training must not be based the committee to which the Audit (3) The auditor’s engagement must solely or in substantial part on an Report will be provided; specifically require the auditor to absence of evidence indicating (9) Each DB QPAM provides its determine whether each DB QPAM has noncompliance. In this last regard, any certified Audit Report, by regular mail developed, implemented, maintained, finding that a DB QPAM has complied to: Office of Exemption Determinations and followed the Policies in accordance with the requirements under this (OED), 200 Constitution Avenue NW, with the conditions of this exemption, subparagraph must be based on Suite 400, Washington, DC 20210; or by and has developed and implemented evidence that the particular DB QPAM private carrier to: 122 C Street NW, the Training, as required herein; has actually implemented, maintained, Suite 400, Washington, DC 20001–2109. (4) The auditor’s engagement must and followed the Policies and Training This delivery must take place no later specifically require the auditor to test required by this exemption. than forty-five (45) days following each DB QPAM’s operational Furthermore, the auditor must not completion of the Audit Report. The compliance with the Policies and solely rely on the Exemption Report Audit Report will be made part of the Training. In this regard, the auditor created by the compliance officer (the public record regarding this exemption. must test, for each QPAM, a sample of Compliance Officer), as described in Furthermore, each DB QPAM must such QPAM’s transactions involving Section I(m) below as the basis for the make its Audit Report unconditionally

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20415

available, electronically or otherwise, restrictions, appropriately disclosed in pursuant to PTE 2017–04 that meets the for examination upon request by any advance, that are specifically designed terms of this condition. duly authorized employee or to ensure equitable treatment of all (k) Within 60 days of the effective representative of the Department, other investors in a pooled fund in the event date of this three-year exemption, each relevant regulators, and any fiduciary of such withdrawal or termination may DB QPAM provides a Federal Register a Covered Plan; have adverse consequences for all other notice regarding the exemption, along (10) Any engagement agreement with investors. In connection with any such with a separate summary describing the an auditor to perform the audit required arrangements involving investments in facts that led to the U.S. Conviction (the by this exemption must be submitted to pooled funds subject to ERISA entered Summary), which has been submitted to OED no later than two months after the into after the effective date of PTE 2017– the Department, and a prominently execution of such agreement; 04, the adverse consequences must displayed statement (the Statement) that (11) The auditor must provide the relate to a lack of liquidity of the the U.S. Conviction results in a failure Department, upon request, for underlying assets, valuation issues, or to meet a condition in PTE 84–14, to inspection and review, access to all the regulatory reasons that prevent the fund each sponsor and beneficial owner of a workpapers created and used in from promptly redeeming an ERISA- Covered Plan that entered into a written connection with the audit, provided covered plan’s or IRA’s investment, and asset or investment management such access and inspection is otherwise such restrictions must be applicable to agreement with a DB QPAM, or the permitted by law; and all such investors and effective no sponsor of an investment fund in any (12) Deutsche Bank must notify the longer than reasonably necessary to case where a DB QPAM acts as a sub- Department of a change in the avoid the adverse consequences; adviser to the investment fund in which independent auditor no later than two (5) Not to impose any fees, penalties, such ERISA-covered plan and IRA (2) months after the engagement of a or charges for such termination or invests. All Covered Plan clients that substitute or subsequent auditor and withdrawal with the exception of enter into a written asset or investment must provide an accurate explanation of reasonable fees, appropriately disclosed management agreement with a DB the basis for the substitution or change in advance, that are specifically QPAM after the date that is sixty days including an accurate description of any designed to prevent generally after the effective date of this exemption material disputes between the recognized abusive investment practices must receive a copy of the notice of the terminated auditor and Deutsche Bank or specifically designed to ensure exemption,, the Summary and the or any of its affiliates; equitable treatment of all investors in a Statement prior to, or (j) As of April 18, 2021, with respect pooled fund in the event such contemporaneously with, the client’s to any arrangement, agreement, or withdrawal or termination may have receipt of a written asset management contract between a DB QPAM and a agreement from the DB QPAM. The adverse consequences for all other Covered Plan, the DB QPAM agrees and notice may be delivered electronically investors, provided that such fees are warrants to Covered Plans: (including by an email that has a link to applied consistently and in like manner (1) To comply with ERISA and the this exemption). Notwithstanding the to all such investors; and Code, as applicable with respect to such above, a DB QPAM will not violate the Covered Plan; to refrain from engaging (6) Not to include exculpatory condition solely because a Plan or IRA in prohibited transactions that are not provisions disclaiming or otherwise refuses to sign an updated investment otherwise exempt (and to promptly limiting liability of the DB QPAM for a management agreement; correct any prohibited transactions); and violation of such agreement’s terms. To (l) The DB QPAMs must comply with to comply with the standards of the extent consistent with Section 410 each condition of PTE 84–14, as prudence and loyalty set forth in section of ERISA, however, this provision does amended, with the sole exception of the 404 of ERISA, with respect to each such not prohibit disclaimers for liability violation of Section I(g) of PTE 84–14 ERISA-covered plan and IRA to the caused by an error, misrepresentation, that is attributable to the U.S. extent that section 404 is applicable; or misconduct of a plan fiduciary or Conviction; (2) To indemnify and hold harmless other party hired by the plan fiduciary (m)(1) Deutsche Bank continues to the Covered Plan for any actual losses who is independent of Deutsche Bank, designate a senior compliance officer resulting directly from a DB QPAM’s and its affiliates, or damages arising (the Compliance Officer) who will be violation of ERISA’s fiduciary duties, as from acts outside the control of the DB responsible for compliance with the applicable, and of the prohibited QPAM; and Policies and Training requirements transaction provisions of ERISA and the (7) By August 18, 2021, each DB described herein. The Compliance Code, as applicable; a breach of contract QPAM must provide a notice of its Officer must conduct an annual review by the QPAM; or any claim arising out obligations under this Section I(j) to for each twelve month period, beginning of the failure of such DB QPAM to each Covered Plan. For Covered Plans on April 18, 2021, (the Exemption qualify for the exemptive relief provided that enter into a written asset or Review) to determine the adequacy and by PTE 84–14 as a result of a violation investment management agreement with effectiveness of the implementation of of Section I(g) of PTE 84–14 other than a DB QPAM on or after August 18, 2021, the Policies and Training. With respect the U.S. Conviction. This condition the DB QPAM must agree to its to the Compliance Officer, the following applies only to actual losses caused by obligations under this section I(j) in an conditions must be met: the DB QPAM’s violations. updated investment management (i) The Compliance Officer must be a (3) Not to require (or otherwise cause) agreement between the DB QPAM and professional who has extensive the Covered Plan to waive, limit, or such clients or other written contractual experience with, and knowledge of, the qualify the liability of the DB QPAM for agreement. Notwithstanding the above, regulation of financial services and violating ERISA or the Code or engaging a DB QPAM will not violate the products, including under ERISA and in prohibited transactions; condition solely because a Covered Plan the Code; and (4) Not to restrict the ability of such or IRA refuses to sign an updated (ii) The Compliance Officer must have Covered Plan to terminate or withdraw investment management agreement. a direct reporting line to the highest from its arrangement with the DB This condition will be deemed met for ranking corporate officer in charge of QPAM with the exception of reasonable each Covered Plan that received notice compliance for asset management;

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20416 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

(2) With respect to each Exemption (v) Each Exemption Review, including requirement, the description may be Review, the following conditions must the Compliance Officer’s written continuously maintained on a website, be met: Exemption Report, must be completed provided that such website links to the (i) The Exemption Review includes a within three (3) months following the Policies or Summary Policies is clearly review of the DB QPAM’s compliance end of the period to which it relates. and prominently disclosed to each with and effectiveness of the Policies The Exemption Review for the period Covered Plan; and and Training and of the following: Any April 18, 2020 through April 17, 2021 (r) A DB QPAM will not fail to meet compliance matter related to the must be conducted, and completed, the terms of this exemption solely Policies or Training that was identified under the requirements of PTE 2017–04; because a different DB QPAM fails to by, or reported to, the Compliance (n) In connection with the deferred satisfy a condition for relief described in Officer or others within the compliance prosecution agreement entered on Sections I(c), (d), (h), (i), (j), (k), (l), (o) and risk control function (or its January 8, 2021, between Deutsche Bank and (q) or, if the independent auditor equivalent) during the previous year; and the U.S. Department of Justice, to described in Section I(i) fails a provision the most recent Audit Report issued resolve the U.S. government’s of the exemption other than the pursuant to this exemption or PTE investigation into violations of the requirement described in Section 2017–04; any material change in the Foreign Corrupt Practices Act and a I(i)(11), provided that such failure did relevant business activities of the DB separate investigation into a not result from any actions or inactions QPAMs; and any change to ERISA, the commodities fraud scheme, no DB of Deutsche Bank or its affiliates. Code, or regulations related to fiduciary QPAMs were involved in the conduct Section II. Definitions duties and the prohibited transaction that gave rise to the deferred provisions that may be applicable to the prosecution agreement, and no Covered (a) The term ‘‘U.S. Conviction’’ means activities of the DB QPAMs; Plan assets were involved in the the judgment of conviction against DB (ii) The Compliance Officer prepares transactions that gave rise to the Group Services (UK) Limited (DB Group a written report for each Exemption deferred prosecution agreement; Services), entered on April 18, 2017, by Review (each, an Exemption Report) (o) Each DB QPAM will maintain the United States District Court for the that (A) summarizes his or her material records necessary to demonstrate that District of Connecticut, in case number activities during the preceding year; (B) the conditions of this exemption have 3:15–cr–00062–RNC, for one (1) count sets forth any instance of been met for six (6) years following the of wire fraud, in violation of 18 U.S.C. noncompliance discovered during the date of any transaction for which the DB 1343. For all purposes under this preceding year, and any related QPAM relies upon the relief in the exemption, ‘‘conduct’’ of any person or corrective action; (C) details any change exemption; entity that is the ‘‘subject of [a] to the Policies or Training to guard (p) During the Exemption Period, Conviction’’ encompasses the factual against any similar instance of Deutsche Bank: (1) Immediately allegations described in Paragraph 13 of noncompliance occurring again; and (D) discloses to the Department any the Plea Agreement filed in the District makes recommendations, as necessary, Deferred Prosecution Agreement or a Court in case number 3:15–cr–00062– for additional training, procedures, Non-Prosecution Agreement with the RNC. (b) The term ‘‘Covered Plan’’ means a monitoring, or additional and/or U.S. Department of Justice entered into plan subject to Part 4 of Title I of ERISA changed processes or systems, and by Deutsche Bank or any of its affiliates (an ‘‘ERISA-covered plan’’) or a plan management’s actions on such (as defined in Section VI(d) of PTE 84– subject to section 4975 of the Code (an recommendations; 14) in connection with conduct (iii) In each Exemption Report, the ‘‘IRA’’), in each case, with respect to described in Section I(g) of PTE 84–14 Compliance Officer must certify in which a DB QPAM relies on PTE 84–14, or section 411 of ERISA; and (2) writing that to the best of his or her or with respect to which a DB QPAM (or immediately provides the Department knowledge at the time: (A) The report is any Deutsche Bank affiliate) has any information requested by the accurate; (B) the Policies and Training expressly represented that the manager Department, as permitted by law, are working in a manner which is qualifies as a QPAM or relies on PTE regarding the agreement and/or conduct reasonably designed to ensure that the 84–14. A Covered Plan does not include and allegations that led to the Policies and Training requirements an ERISA-covered plan or IRA to the described herein are met; (C) any known agreement; (q) Each DB QPAM, in its agreements extent the DB QPAM has expressly instance of noncompliance during the disclaimed reliance on QPAM status or preceding year and any related with, or in other written disclosures provided to Covered Plans, clearly and PTE 84–14 in entering into a contract, correction taken to date have been arrangement, or agreement with the identified in the Exemption Report; and prominently informs Covered Plan clients of their right to obtain a copy of ERISA-covered plan or IRA. (D) the DB QPAMs have complied with Notwithstanding the above, a DB QPAM the Policies and Training, and/or the Policies or a description (Summary Policies) which accurately summarizes may disclaim reliance on QPAM status corrected (or are correcting) any known or PTE 84–14 in a written modification instances of noncompliance in key components of the DB QPAM’s written Policies developed in of a contract, arrangement, or agreement accordance with Section I(h) above; with an ERISA-covered plan or IRA, (iv) Each Exemption Report must be connection with this exemption. If the Policies are thereafter changed, each where: The modification is made in a provided to appropriate corporate bilateral document signed by the client; officers of Deutsche Bank and to each Covered Plan client must receive a new disclosure within six (6) months the client’s attention is specifically DB QPAM to which such report relates, directed toward the disclaimer; and the and to the head of compliance and the following the end of the calendar year during which the Policies were client is advised in writing that, with DB QPAM’s general counsel (or their respect to any transaction involving the changed.5 With respect to this functional equivalent) of the relevant client’s assets, the DB QPAM will not DB QPAM; and the Exemption Report 5 In the event the Applicant meets this disclosure represent that it is a QPAM, and will not must be made unconditionally available requirement through Summary Policies, changes to to the independent auditor described in the Policies shall not result in the requirement for the Policies, the Summary Policies are no longer Section I(i) above; a new disclosure unless, as a result of changes to accurate.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20417

rely on the relief described in PTE 84– (OFCCP)-sponsored information currently approved under OMB Control 14. collection request (ICR) to the Office of No. 1250–0011 into this ICR. This ICR (c) The term ‘‘DB QPAM’’ or ‘‘DB Management and Budget (OMB) for also incorporates the requirements and QPAMs’’ means DWS Investment review and approval in accordance with burden for the new Construction Management Americas, Inc., and any the Paperwork Reduction Act of 1995 Compliance Review Scheduling Letter current and future, Deutsche Bank’s (PRA). Public comments on the ICR are and Itemized Listing. For additional asset management affiliates that qualify invited. substantive information about this ICR, as a ‘‘qualified professional asset DATES: The OMB will consider all see the related notices published in the manager’’ (as defined in Section VI(a) of written comments that agency receives Federal Register on October 30, 2020 PTE 84–14),6 and that rely on the relief on or before May 19, 2021. (85 FR 68933) and December 23, 2020 provided by PTE 84–14, and with ADDRESSES: Written comments and (85 FR 84002). respect to which Deutsche Bank is an recommendations for the proposed This information collection is subject ‘‘affiliate’’ (as defined in section VI(d)(1) information collection should be sent to the PRA. A Federal agency generally of PTE 84–14). The term ‘‘DB QPAM’’ within 30 days of publication of this cannot conduct or sponsor a collection excludes DB Group Services. notice to www.reginfo.gov/public/do/ of information, and the public is (d) The term ‘‘Deutsche Bank’’ means PRAMain. Find this particular generally not required to respond to an Deutsche Bank AG, a publicly-held information collection by selecting information collection, unless the OMB global banking and financial services ‘‘Currently under 30-day Review—Open approves it and displays a currently company headquartered in Frankfurt, for Public Comments’’ or by using the valid OMB Control Number. In addition, Germany; search function. notwithstanding any other provisions of (e) The term ‘‘Exemption Period’’ Comments are invited on: (1) Whether law, no person shall generally be subject means the three year period from April the collection of information is to penalty for failing to comply with a 18, 2021 and ending on April 17, 2024; necessary for the proper performance of collection of information that does not (f) The term ‘‘Plea Agreement’’ means the functions of the Department, display a valid OMB Control Number. the Plea Agreement entered into including whether the information will See 5 CFR 1320.5(a) and 1320.6. between DB Group Services and the have practical utility; (2) if the DOL seeks PRA authorization for this U.S. Department of Justice, Fraud information will be processed and used information collection for three (3) Section, Criminal Division, on April 23, in a timely manner; (3) the accuracy of years. OMB authorization for an ICR 2015 in connection with Case Number the agency’s estimates of the burden and cannot be for more than three (3) years 3:15–cr–00062–RNC filed in the U.S. cost of the collection of information, without renewal. The DOL notes that District Court for the District of including the validity of the information collection requirements Connecticut, subsequently adjudged by methodology and assumptions used; (4) submitted to the OMB for existing ICRs the Court on March 28, 2017. ways to enhance the quality, utility and receive a month-to-month extension Effective Date: This exemption will be clarity of the information collection; and while they undergo review. in effect for up to three years, beginning (5) ways to minimize the burden of the Agency: DOL–OFCCP. on April 18, 2021. collection of information on those who Title of Collection: Office of Federal Signed at Washington, DC, this 9th day of are to respond, including the use of Contract Compliance Programs April 2021. automated collection techniques or Construction Recordkeeping and Christopher Motta, other forms of information technology. Reporting Requirements. OMB Control Number: 1250–0001. Chief, Division of Individual Exemptions, FOR FURTHER INFORMATION CONTACT: Affected Public: Private Sector— Office of Exemption Determinations, Mara Blumenthal by telephone at 202– Businesses or other for-profits and not- Employee Benefits Security Administration, 693–8538, or by email at DOL_PRA_ U.S. Department of Labor. for-profit institutions. [email protected]. [FR Doc. 2021–07963 Filed 4–16–21; 8:45 am] Total Estimated Number of SUPPLEMENTARY INFORMATION: This ICR BILLING CODE 4510–29–P Respondents: 12,609. outlines the legal authority, procedures, Total Estimated Number of burden, and cost associated with the Responses: 32,316. DEPARTMENT OF LABOR recordkeeping and reporting Total Estimated Annual Time Burden: requirements of construction 157,570 hours. Agency Information Collection contractors. It contains one form Total Estimated Annual Other Costs Activities; Submission for OMB (Construction Contract Award Burden: $10,125. Notification Form) that construction Review; Comment Request; Office of Authority: 44 U.S.C. 3507(a)(1)(D). Federal Contract Compliance contractors must give to OFCCP Programs Construction Recordkeeping notifying the agency of new contract Dated: April 9, 2021. and Reporting Requirements awards that exceed $10,000 and three Mara Blumenthal, information collection instruments Senior PRA Analyst. ACTION: Notice of availability; request (compliance review scheduling letter [FR Doc. 2021–07964 Filed 4–16–21; 8:45 am] for comments. and itemized listing, direct federal BILLING CODE 4510–CM–P compliance check letter, and federally SUMMARY: The Department of Labor assisted compliance check letter) that (DOL) is submitting this Office of notify construction contractors that they Federal Contract Compliance Programs NUCLEAR REGULATORY have been selected to undergo a COMMISSION compliance evaluation. OFCCP is 6 In general terms, a QPAM is an independent [Docket No. 50–220; NRC–2021–0082] fiduciary that is a bank, savings and loan seeking reauthorization of the association, insurance company, or investment Construction Contract Award Exelon Generation Company, LLC; adviser that meets certain equity or net worth Notification Form (Form CC–314). requirements and other licensure requirements and Nine Mile Point Nuclear Station, Unit 1 that has acknowledged in a written management OFCCP is merging the direct federal agreement that it is a fiduciary with respect to each compliance check letter and federally AGENCY: Nuclear Regulatory plan that has retained the QPAM. assisted compliance check letter Commission.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20418 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

ACTION: Exemption; issuance. Dated: April 13, 2021. dated September 11, 2020, Exelon For the Nuclear Regulatory Commission. requested an exemption from 10 CFR SUMMARY: The U.S. Nuclear Regulatory Michael L. Marshall, 54.17(a) to allow Exelon to submit its Commission (NRC) has issued an Senior Project Manager, Plant Licensing SLRA for Nine Mile Point, Unit 1, at exemption in response to a September Branch I, Division of Operating Reactor least 3 years prior to the expiration of 11, 2020, request from Exelon Licensing, Office of Nuclear Reactor the existing license and still receive Generation Company, LLC (Exelon), to Regulation. timely renewal protection under 10 CFR allow Exelon to submit a subsequent 2.109(b). license renewal application for Nine Attachment—Exemption Mile Point Nuclear Station, Unit 1, at NUCLEAR REGULATORY III. Discussion least 3 years prior to the expiration of COMMISSION Under 10 CFR 54.15, exemptions from the existing license and, if it is found Docket No. 50–220 the requirements of Part 54 are governed sufficient, still receive timely renewal Exelon Generation Company, LLC by 10 CFR 50.12. Pursuant to 10 CFR protection. 50.12, the Commission may, upon DATES: The exemption was issued on Nine Mile Point Nuclear Station, Unit 1 application by any interested person or April 9, 2021. Exemption upon its own initiative, grant ADDRESSES: exemptions from the requirements of 10 Please refer to Docket ID I. Background NRC–2021–0082 when contacting the CFR part 50 when (1) the exemptions NRC about the availability of Exelon Generation Company, LLC are authorized by law, will not present information regarding this document. (Exelon, the licensee), is the holder of an undue risk to public health or safety, You may obtain publicly available Renewed Facility Operating License No. and are consistent with the common information related to this document DPR–63 which authorizes operation of defense and security; and (2) special using any of the following methods: the Nine Mile Point Nuclear Station circumstances are present, as defined in • Federal Rulemaking website: Go to (Nine Mile Point), Unit 1, a boiling- 10 CFR 50.12(a)(2). In its application, https://www.regulations.gov and search water reactor located in Scriba, New Exelon stated that three special for Docket ID NRC–2021–0082. Address York (6 miles northeast of Oswego, New circumstances apply to its request. The questions about Docket IDs in York). The license provides, among three special circumstances that Exelon Regulations.gov to Stacy Schumann; other things, that the facility is subject included in its request are: telephone: 301–415–0624; email: to all rules, regulations, and orders of (1) The special circumstance in 10 [email protected]. For technical the U.S. Nuclear Regulatory CFR 50.12(a)(2)(ii) states, ‘‘[a]pplication questions, contact the individual listed Commission (NRC, Commission) now or of the regulation in the particular in the FOR FURTHER INFORMATION hereafter in effect. The current operating circumstances would not serve the CONTACT section of this document. license for Nine Mile Point, Unit 1, underlying purpose of the rule or is not • NRC’s Agencywide Documents expires on August 22, 2029. necessary to achieve the underlying By letter dated September 11, 2020 Access and Management System purpose of the rule;’’ (Agencywide Documents Access and (ADAMS): You may obtain publicly (2) The special circumstance in 10 available documents online in the Management System (ADAMS) Accession No. ML20255A001), Exelon CFR 50.12(a)(2)(iii) states, ADAMS Public Documents collection at ‘‘[c]ompliance would result in undue https://www.nrc.gov/reading-rm/ requested an exemption that would allow submittal of a subsequent license hardship or other costs that are adams.html. To begin the search, select significantly in excess of those ‘‘Begin Web-based ADAMS Search.’’ For renewal application (SLRA) for Nine Mile Point, Unit 1, at least 3 years prior contemplated when the regulation was problems with ADAMS, please contact adopted, or that are significantly in the NRC’s Public Document Room (PDR) to the expiration of the existing license and, if the NRC finds the application excess of those incurred by others reference staff at 1–800–397–4209, 301– similarly situated;’’ 415–4737, or by email to pdr.resource@ sufficient for docketing, to still receive (3) The special circumstance in 10 nrc.gov. The ADAMS accession number timely renewal protection under title 10 of the Code of Federal Regulations (10 CFR 50.12(a)(2)(vi) states, ‘‘[t]here is for each document referenced (if it is CFR) Part 2, Section 2.109(b). Pursuant present other material circumstance not available in ADAMS) is provided the to 10 CFR 2.109(b), the NRC provides considered when the regulation was first time that it is mentioned in this timely renewal protection to licensees adopted for which it would be in the document. public interest to grant an exemption.’’ • Attention: The PDR, where you may that submit a sufficient license renewal application at least 5 years before the examine and order copies of public A. The Exemption Is Authorized by Law documents, is currently closed. You expiration of the existing license. This exemption would allow Exelon may submit your request to the PDR via II. Request/Action email at [email protected] or call to submit a sufficient SLRA for Nine Under 10 CFR 54.17(a), the NRC Mile Point, Unit 1, at least 3 years prior 1–800–397–4209 or 301–415–4737, requires that the filing of an application between 8:00 a.m. and 4:00 p.m. (EST), to the expiration of its existing license for a renewed license be in accordance and still receive timely renewal Monday through Friday, except Federal with, among other regulations, 10 CFR holidays. protection under 10 CFR 2.109(b). 2.109(b). In turn, 10 CFR 2.109(b) states Section 2.109 implements Section 9(b) FOR FURTHER INFORMATION CONTACT: ‘‘If the licensee of a nuclear power plant of the Administrative Procedure Act Michael L. Marshall Jr., Office of licensed under 10 CFR 50.21(b) or 50.22 (APA), 5 U.S.C. 558(c), which states: Nuclear Reactor Regulation, U.S. files a sufficient application for renewal Nuclear Regulatory Commission, of either an operating license or a When the licensee has made timely and sufficient application for a renewal or a new Washington, DC 20555–0001; telephone: combined license at least 5 years before 301–415–2871, email: license in accordance with agency rules, a the expiration of the existing license, license with reference to an activity of a [email protected]. the existing license will not be deemed continuing nature does not expire until the SUPPLEMENTARY INFORMATION: The text of to have expired until the application has application has been finally determined by the exemption is attached. been finally determined.’’ In its letter the agency.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20419

The 5-year time period specified in 10 Section 9(b) of the APA, 5 U.S.C. 558(c), the underlying purpose of the timely CFR 2.109 is the result of a discretionary which states: renewal provision in the regulation if agency rulemaking under Sections 161 When the licensee has made timely and Exelon files a sufficient Nine Mile Point, and 181 of the Atomic Energy Act of sufficient application for a renewal or a new Unit 1, SLRA at least 3 years prior to 1954, as amended, and not required by license in accordance with agency rules, a expiration of the license. The NRC’s the APA. As stated above, 10 CFR license with reference to an activity of a current schedule for review of SLRAs is 54.17(a) requires that the filing of an continuing nature does not expire until the to complete its review and make a application for a renewed license be in application has been finally determined by decision on issuing the renewed license accordance with, among other the agency. within 18 months of receipt if there is regulations, 10 CFR 2.109(b). In The underlying purpose of this no hearing. If a hearing is held, the addition, 10 CFR 54.15 allows the NRC ‘‘timely renewal’’ provision in the APA NRC’s model schedule anticipates to grant exemptions from the is to protect a licensee who is engaged completion of the NRC’s review and of requirements of 10 CFR part 54. The in an ongoing licensed activity and who the hearing process, and issuance of a NRC has determined that granting this has complied with agency rules in decision on the license renewal exemption will not result in a violation applying for a renewed or new license application within 30 months of receipt. of the Atomic Energy Act of 1954, as from facing license expiration as the However, it is recognized that the amended, the APA, or the NRC’s result of delays in the administrative estimate of 30 months for completion of regulations. Therefore, the exemption is process. a contested hearing is subject to authorized by law. On December 13, 1991, the NRC variation in any given proceeding. A published the final license renewal rule, period of 3 years (36 months), B. The Exemption Presents No Undue 10 CFR part 54, with associated changes nevertheless, is expected to provide Risk to Public Health and Safety to 10 CFR parts 2, 50, and 140, in the sufficient time for performance of a full The requested exemption to allow a 3- Federal Register (56 FR 64943). The and adequate safety and environmental year time period, rather than the 5 years statement of considerations discussed review, and completion of the hearing specified in 10 CFR 2.109(b), for Exelon the basis for establishing the latest date process. Meeting this schedule is based to submit a sufficient SLRA and receive for filing license renewal applications on a complete and sufficient application timely renewal protection is a and the timely renewal doctrine (56 FR being submitted and on the review scheduling change. The action does not 64962). The statement of considerations being completed in accordance with the change the manner in which the plant stated that: NRC’s established license renewal review schedule. operates and maintains public health Because the review of a renewal Based on the above, the NRC finds and safety because no additional application will involve a review of many that the special circumstance of 10 CFR changes are made as a result of the complex technical issues, the NRC estimates 50.12(a)(2)(ii) is present in the particular action. The NRC expects that a period that the technical review would take approximately 2 years. Any necessary circumstance of Nine Mile Point, Unit 1. of 3 years provides sufficient time for hearing could likely add an additional year In addition, the NRC finds that the the NRC to perform a full and adequate or more. Therefore, in the proposed rule, the special circumstance of 10 CFR safety and environmental review, and Commission modified § 2.109 to require that 50.12(a)(2)(iii) is present in the for the completion of the hearing nuclear power plant operating license circumstances of Nine Mile Point, Unit process. Pending final action on the renewal applications be submitted at least 3 1. Compliance with § 2.109(b) would SLRA, the NRC will continue to conduct years prior to their expiration in order to take advantage of the timely renewal doctrine. result in undue hardship or other costs all regulatory activities associated with that are significantly in excess of those licensing, inspection, and oversight, and No specific comment was received concerning the proposal to add a 3-year contemplated when the regulation was will take whatever action may be provision for the timely renewal provision adopted. In its application, Exelon necessary to ensure adequate protection for license renewal. The current regulations stated that the decision to continue of the public health and safety. The require licensees to submit decommissioning power operation at Nine Mile Point, existence of this exemption does not plans and related financial assurance Unit 1, depended on economic and affect NRC’s authority, applicable to all information on or about 5 years prior to the legislative factors that evolved in a way expiration of their operating licenses. The licenses, to modify, suspend, or revoke that did not permit the preparation and a license for cause, such as a serious Commission has concluded that, for consistency, the deadline for submittal of a submission of an SLRA 5 years prior to safety concern. Based on the above, the license renewal application should be 5 years the license expiration date. Exelon NRC finds that the action does not cause prior to the expiration of the current further stated that if the exemption is undue risk to public health and safety. operating license. The timely renewal not granted, and it submits its SLRA less provisions of § 2.109 now reflect the decision than 5 years before license expiration, C. The Exemption Is Consistent With the that a 5-year time limit is more appropriate. Common Defense and Security then Exelon would face the risk of being Thus, the NRC originally estimated forced to shut down if the application The requested exemption to allow for that 3 years was needed to review a is not approved before the current a timely renewal protection deadline of renewal application and to complete license expires. The impact of changes at least 3 years instead of 5 years is a any hearing that might be held on the in economic and legislative conditions scheduling change. The exemption does application. The NRC changed its on licensees’ decisions to pursue license not change any site security matters. original deadline from 3 years to 5 years renewal was not a factor considered at Therefore, the NRC finds that the action to have consistent deadlines for when the time the timely renewal rule was is consistent with the common defense licensees must submit their issued. The NRC therefore finds that the and security. decommissioning plans and related special circumstance of 10 CFR D. Special Circumstances financial assurance information and 50.12(a)(2)(iii) also is present. Because when they must submit their license the NRC staff finds that special The purpose of 10 CFR 2.109(b), as it renewal application to receive timely circumstances exist under 10 CFR is applied to nuclear power reactors renewal protection. 50.12(a)(2)(ii) and 10 CFR licensed by the NRC, is to implement Application of the 5-year period in 10 50.12(a)(2)(iii), the NRC staff did not the ‘‘timely renewal’’ provision of CFR 2.109(b) is not necessary to achieve consider whether special circumstances

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20420 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

also exist under 10 CFR 50.12(a)(2)(vi), significant increase in the amounts of and security. Also, special as presented by Exelon in its exemption effluents that may be released offsite circumstances, as defined in 10 CFR request. and does not contribute to any 50.12(a)(2), are present. Therefore, the significant increase in occupational or NRC hereby grants the licensee a one- E. Environmental Considerations public radiation exposure. Accordingly, time exemption for Nine Mile Point, The NRC has determined that the there is no significant change in the Unit 1, from 10 CFR 54.17(a) to allow issuance of the requested exemption types or significant increase in the the submittal of the Nine Mile Point, meets the provisions of categorical amounts of any effluents that may be Unit 1, SLRA at least 3 years prior to exclusion 10 CFR 51.22(c)(25)(vi)(G). released offsite, and no significant expiration of the operating license while Under 10 CFR 51.22(c)(25), the granting increase in individual or cumulative maintaining the protection of the timely of an exemption from the requirements public or occupational radiation renewal provision in 10 CFR 2.109(b). of any regulation of chapter 10 qualifies exposure. Therefore, the requirements of This exemption is effective upon as a categorical exclusion if (i) there is 10 CFR 51.22(c)(25)(ii) and (iii) are met. issuance. no significant hazards consideration; (ii) there is no significant change in the Requirements in 10 CFR 51.22(c)(25)(iv) Dated: April 9, 2021. For the Nuclear Regulatory Commission. types or significant increase in the The exempted regulation is not amounts of any effluents that may be associated with construction, and the /RA/ released offsite; (iii) there is no exemption does not propose any Craig G. Erlanger, significant increase in individual or changes to the site, alter the site, or Director, Division of Operating Reactor cumulative public or occupational change the operation of the site. Licensing, Office of Nuclear Reactor radiation exposure; (iv) there is no Therefore, the requirements of 10 CFR Regulation. significant construction impact; (v) 51.22(c)(25)(iv) are met because there is [FR Doc. 2021–07975 Filed 4–16–21; 8:45 am] there is no significant increase in the no significant construction impact. BILLING CODE 7590–01–P potential for or consequences from radiological accidents; and (vi) the Requirements in 10 CFR 51.22(c)(25)(v) requirements from which an exemption The exemption constitutes a change to POSTAL REGULATORY COMMISSION is sought involves scheduling the schedule by which Exelon must requirements. The basis for NRC’s submit its SLRA and still receive timely [Docket Nos. MC2021–83 and CP2021–86] determination is provided in the renewal protection, which is following evaluation of the administrative in nature, and does not New Postal Products requirements in 10 CFR 51.22(c)(25)(i)– impact the probability or consequences AGENCY: Postal Regulatory Commission. (vi). of accidents. Thus, there is no ACTION: Notice. Requirements in 10 CFR 51.22(c)(25)(i) significant increase in the potential for, or consequences of, a radiological SUMMARY: The Commission is noticing a To qualify for a categorical exclusion accident. Therefore, the requirements of recent Postal Service filing for the under 10 CFR 51.22(c)(25)(i), the 10 CFR 51.22(c)(25)(v) are met. Commission’s consideration concerning exemption must involve a no significant a negotiated service agreement. This Requirements in 10 CFR 51.22(c)(25)(vi) hazards consideration. The criteria for notice informs the public of the filing, making a no significant hazards To qualify for a categorical exclusion invites public comment, and takes other consideration determination are found under 10 CFR 51.22(c)(25)(vi)(G), the administrative steps. in 10 CFR 50.92(c). The NRC has exemption must involve scheduling DATES: Comments are due: April 21, determined that the granting of the requirements. The exemption involves 2021. exemption request involves no scheduling requirements because it significant hazards consideration would allow Exelon to submit a SLRA ADDRESSES: Submit comments because allowing the submittal of the for Nine Mile Point, Unit 1, at least 3 electronically via the Commission’s license renewal application at least 3 years prior to the expiration of the Filing Online system at http:// years before the expiration of the existing license, rather than the 5 years www.prc.gov. Those who cannot submit existing license while maintaining the specified in 10 CFR 2.109(b), and still comments electronically should contact protection of the timely renewal receive timely renewal protection under the person identified in the FOR FURTHER provision in 10 CFR 2.109(b) does not 10 CFR 2.109(b). Therefore, the INFORMATION CONTACT section by (1) involve a significant increase in the requirements of 10 CFR 51.22(c)(25)(vi) telephone for advice on filing probability or consequences of an are met. alternatives. accident previously evaluated; or (2) Based on the above, the NRC FOR FURTHER INFORMATION CONTACT: create the possibility of a new or concludes that the proposed exemption David A. Trissell, General Counsel, at different kind of accident from any meets the eligibility criteria for a 202–789–6820. accident previously evaluated; or (3) categorical exclusion set forth in 10 CFR SUPPLEMENTARY INFORMATION: involve a significant reduction in a 51.22(c)(25). Therefore, pursuant to 10 margin of safety. Therefore, the CFR 51.22(b), no environmental impact Table of Contents requirements of 10 CFR 51.22(c)(25)(i) statement or environmental assessment I. Introduction are met. need be prepared in connection with the II. Docketed Proceeding(s) approval of this exemption request. Requirements in 10 CFR 51.22(c)(25)(ii) I. Introduction and (iii) IV. Conclusions The Commission gives notice that the The exemption constitutes a change to Accordingly, the NRC has determined Postal Service filed request(s) for the the schedule by which Exelon must that, pursuant to 10 CFR 54.15 and 10 Commission to consider matters related submit its SLRA and still receive timely CFR 50.12, the exemption is authorized to negotiated service agreement(s). The renewal protection, which is by law, will not present an undue risk request(s) may propose the addition or administrative in nature, and does not to the public health and safety, and is removal of a negotiated service involve any change in the types or consistent with the common defense agreement from the market dominant or

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20421

the competitive product list, or the SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s modification of an existing product COMMISSION Statement of the Purpose of, and currently appearing on the market Statutory Basis for, the Proposed Rule dominant or the competitive product [Release No. 34–91546; File No. SR–C2– Change list. 2021–005) 1. Purpose Section II identifies the docket number(s) associated with each Postal Self-Regulatory Organizations; Cboe The Exchange proposes to amend its fee schedule to (1) amend the standard Service request, the title of each Postal C2 Exchange, Inc.; Notice of Filing and transaction fees and rebates for certain Service request, the request’s acceptance Immediate Effectiveness of a Proposed date, and the authority cited by the SPY, AAPL, QQQ, IWM and SLV Rule Change To Amend Its Fees transactions, (2) adopt tiered pricing for Postal Service for each request. For each Schedule request, the Commission appoints an SPY, AAPL, QQQ, IWM and SLV officer of the Commission to represent April 13, 2021. Market-Maker transactions, (3) adopt a the interests of the general public in the discount program for Bulk BOE Logical Pursuant to Section 19(b)(1) of the proceeding, pursuant to 39 U.S.C. 505 Ports, (4) adopt a ‘‘Definitions’’ section Securities Exchange Act of 1934 in the fees schedule, and (5) eliminate (Public Representative). Section II also 1 2 establishes comment deadline(s) (‘‘Act’’), and Rule 19b–4 thereunder, outdated language and obsolete facilities pertaining to each request. notice is hereby given that on April 1, fees, effective April 1, 2021. The public portions of the Postal 2021, Cboe C2 Exchange, Inc. (the The Exchange first notes that it Service’s request(s) can be accessed via ‘‘Exchange’’ or ‘‘C2’’) filed with the operates in a highly competitive market the Commission’s website (http:// Securities and Exchange Commission in which market participants can www.prc.gov). Non-public portions of (‘‘SEC’’ or ‘‘Commission’’) the proposed readily direct order flow to competing the Postal Service’s request(s), if any, rule change as described in Items I, II, venues if they deem fee levels at a particular venue to be excessive or can be accessed through compliance and III below, which Items have been incentives to be insufficient. More with the requirements of 39 CFR prepared by the Exchange. The specifically, the Exchange is only one of 3011.301.1 Commission is publishing this notice to 16 options venues to which market The Commission invites comments on solicit comments on the proposed rule participants may direct their order flow. whether the Postal Service’s request(s) change from interested persons. Based on publicly available information, in the captioned docket(s) are consistent no single options exchange has more with the policies of title 39. For I. Self-Regulatory Organization’s than approximately 17% of the market request(s) that the Postal Service states Statement of the Terms of Substance of share and currently the Exchange concern market dominant product(s), the Proposed Rule Change represents approximately 3% of the applicable statutory and regulatory Cboe C2 Exchange, Inc. (the market share.3 Thus, in such a low- requirements include 39 U.S.C. 3622, 39 ‘‘Exchange’’ or ‘‘C2’’) is filing with the concentrated and highly competitive U.S.C. 3642, 39 CFR part 3030, and 39 Securities and Exchange Commission market, no single options exchange, CFR part 3040, subpart B. For request(s) (‘‘Commission’’) a proposed rule change including the Exchange, possesses that the Postal Service states concern to amend the fees schedule. The text of significant pricing power in the competitive product(s), applicable execution of option order flow. The statutory and regulatory requirements the proposed rule change is provided in Exhibit 5. Exchange believes that the ever-shifting include 39 U.S.C. 3632, 39 U.S.C. 3633, market share among the exchanges from 39 U.S.C. 3642, 39 CFR part 3035, and The text of the proposed rule change month to month demonstrates that 39 CFR part 3040, subpart B. Comment is also available on the Exchange’s market participants can shift order flow deadline(s) for each request appear in website (http://markets.cboe.com/us/ or discontinue to reduce use of certain _ section II. options/regulation/rule filings/ctwo/), categories of products, in response to fee II. Docketed Proceeding(s) at the Exchange’s Office of the changes. Accordingly, competitive Secretary, and at the Commission’s forces constrain the Exchange’s 1. Docket No(s).: MC2021–83 and Public Reference Room. transaction fees, and market participants CP2021–86; Filing Title: USPS Request can readily trade on competing venues II. Self-Regulatory Organization’s to Add Priority Mail Contract 693 to if they deem pricing levels at those Competitive Product List and Notice of Statement of the Purpose of, and other venues to be more favorable. Filing Materials Under Seal; Filing Statutory Basis for, the Proposed Rule Acceptance Date: April 13, 2021; Filing Change SPY, AAPL, QQQ, IWM and SLV Authority: 39 U.S.C. 3642, 39 CFR Pricing 3040.130 through 3040.135, and 39 CFR In its filing with the Commission, the First, the Exchange proposes to 3035.105; Public Representative: Exchange included statements amend the transaction fee for Public Kenneth R. Moeller; Comments Due: concerning the purpose of and basis for Customer orders in SPY, AAPL, QQQ, April 21, 2021. the proposed rule change and discussed IWM and SLV that remove liquidity. This Notice will be published in the any comments it received on the Currently, Public Customer orders in Federal Register. proposed rule change. The text of these SPY, AAPL, QQQ, IWM and SL, that statements may be examined at the Erica A. Barker, remove liquidity are assessed a standard places specified in Item IV below. The transaction fee of $0.39 per contract and Secretary. Exchange has prepared summaries, set yield fee code ‘‘SC’’. The Exchange [FR Doc. 2021–07977 Filed 4–16–21; 8:45 am] forth in sections A, B, and C below, of proposes to reduce the standard BILLING CODE 7710–FW–P the most significant aspects of such transaction fee to $0.37 per contract. statements. 1 See Docket No. RM2018–3, Order Adopting 3 See Cboe Global Markets U.S. Options Market Final Rules Relating to Non-Public Information, Volume Summary by Month (March 29, 2021), June 27, 2018, Attachment A at 19–22 (Order No. 1 15 U.S.C. 78s(b)(1). available at https://markets.cboe.com/us/options/ 4679). 2 17 CFR 240.19b–4. market_statistics/.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20422 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

The Exchange also proposes to reduce SPY, AAPL, QQQ, IWM and SLV (i.e., incremental usage fees) where a Market- the current standard rebate for C2 yielding fee codes SM or SL) equal to or Maker has (1) a Step-Up ADAV equal to Market-Maker orders in SPY, AAPL, greater than 15,000 contracts from or greater than 0.025% of average QQQ, IWM and SLV that add liquidity. March 2021. The Exchange also OCV 10 from February 2021 and (2) a Currently, C2 Market-Maker orders in proposes to adopt Tier 2, which would ‘‘Make Rate’’ equal to or greater than SPY, AAPL, QQQ, IWM and SLV that provide a higher rebate of $0.30 per 85%. The ‘‘Make Rate’’ shall be derived add liquidity are provided a standard contract where a TPH meets the more from a Market-Maker’s volume the rebate of $0.26 per contract and yield stringent criteria of having an ADAV in previous month in all symbols using the fee code ‘‘SM’’. The Exchange proposes Market-Maker orders in SPY, AAPL, following formula: (i) The Market- to reduce the standard rebate to $0.20 QQQ, IWM and SLV (i.e., yielding fee Maker’s total simple add volume per contract. The Exchange notes that codes SM or SL) equal to or greater than divided by (ii) the Market-Maker’s total the proposed changes are in line with 130,000 contracts. The Exchange notes simple volume.11 Trades on the open the pricing for similar market that other exchanges offer tiered pricing and complex orders will be excluded participants in similar products on other incentives for similar orders.8 The from the Make Rate calculation. The exchanges.4 proposed enhanced rebates and Exchange will aggregate the trading corresponding criteria are designed to activity of separate Market-Maker firms SPY, AAPL, QQQ, IWM and SLV encourage Market-Makers to increase or for purposes of the discount tier and Incentive Tiers grow their order flow on the Exchange make rate calculation if there is at least The Exchange also proposes to adopt in SPY, AAPL, QQQ, IWM and SLV, 75% common ownership between the new incentive tiers for C2 Market-Maker which facilitates tighter spreads, firms as reflected on each firm’s Form orders in SPY, AAPL, QQQ, IWM and signaling increased activity from other BD, Schedule A. The proposed BOE SLV that add liquidity under a new market participants, and thus ultimately Bulk Port discount is designed to attract section in the fees schedule titled contributes to deeper and more liquid liquidity from traditional Market- ‘‘Footnotes’’. The proposed tiered markets and provides greater execution Makers and encourage Market-Makers to pricing would provide Trading Permit opportunities on the Exchange to the grow their volume. Specifically, the Holders (‘‘TPHs’’) opportunities to benefit of all market participants. Exchange believes the proposal qualify for higher rebates where certain mitigates costs incurred by traditional volume criteria and thresholds are met BOE Bulk Logical Ports Discount Market-Makers that focus on adding in such products. Tiered pricing By way of background, the Exchange liquidity to the Exchange (as opposed to provides an incremental incentive for currently offers BOE Bulk Logical Ports those that provide and take, or just TPHs to strive for higher tier levels, (‘‘BOE Bulk Ports’’), which provide take). The Exchange notes that its which provides increasingly higher users with the ability to submit single affiliate, Cboe Exchange, Inc. (‘‘Cboe benefits or discounts for satisfying and bulk order messages to enter, Options’’) similarly provides discounts increasingly more stringent criteria. modify, or cancel orders designated as on BOE Bulk Port fees based on a Particularly, the Exchange proposes to Post Only Orders with a Time-in-Force Market-Maker’s Make Rate the previous adopt under Footnote 1, new Market- of Day or GTD with an expiration time month.12 Maker Volume Tiers, which would on that trading day. BOE Bulk Ports are Definitions provide enhanced rebates for qualifying assessed $1,500 per port, per month for C2 Market-Maker orders in SPY, AAPL, the first 5 BOE Bulk Ports and thereafter The Exchange next proposes to adopt QQQ, IWM and SLV that add liquidity assessed $2,500 per port, per month for a new ‘‘Definitions’’ section of its fees (i.e., orders yielding fee code SM) that each additional BOE Bulk Port. Each schedule. As described above, the meet certain liquidity thresholds. First, Bulk BOE Port also incurs the logical Exchange intends to adopt new tiered proposed Tier 1 would provide an port fee indicated in the table above pricing for certain products and a new enhanced rebate of $0.26 per contract when used to enter up to 30,000,000 discount program for BOE Bulk Ports where a TPH: (1) Has an ADAV 5 in orders per trading day per logical port which will provide TPHs opportunities Market-Maker orders in SPY, AAPL, as measured on average in a single to qualify for higher rebates or a QQQ, IWM and SLV (i.e., yielding fee month. Each incremental usage of up to discount, respectively, where certain codes SM or SL) 6 equal to or greater 30,000,000 orders per day per BOE Bulk volume criteria and thresholds are met. than 50,000 contracts; or (2) has a Step- Port will incur an additional logical port The volume thresholds refer to certain Up ADAV 7 in Market-Maker orders in fee of $2,500 per month (‘‘incremental terms that are not currently defined in usage fees’’). the Exchange’s fees schedule (i.e., 4 See, e.g., MIAX Pearl Fee Schedule, Section 1 The Exchange now proposes to adopt ‘‘ADAV’’, ‘‘Step-Up ADAV’’, and Transaction Rebates/Fees, which provides for a fee ‘‘OCV’’). The Exchange believes clearly of $0.46 per contract for priority customer SPY a discount program for BOE Bulk Ports orders that remove liquidity, $0.50 per contract for which provides an opportunity for defining those terms in the fees priority customer IWM and QQQ orders that Market-Makers to obtain credits on their schedule would reduce potential remove liquidity, and $0.50 per contract for priority monthly BOE Bulk Port fees (excluding customer orders in Penny Classes other than SPY, 10 incremental usage fees).9 More ‘‘OCV’’ (or ‘‘OCC Customer Volume’’ means, QQQ and IWM orders that remove liquidity. See the total equity and ETF options volume that clears also Nasdaq ISE Pricing Schedule, Section 3, specifically, the Exchange proposes to in the Customer range at the Options Clearing Footnote 5, which provides for tiered rebates for provide that Market-Makers would Corporation (‘‘OCC’’) for the month for which the Market-Maker SPY, QQQ, and IWM orders that add receive a discount of 30% on monthly fees apply, excluding volume on any day that the liquidity between $0.00–$0.26 per contract. Exchange experiences an Exchange System 5 ‘‘ADAV’’ means average daily added volume Bulk BOE Port fees (excluding Disruption and on any day with a scheduled early calculated as the number of contracts added, per market close. day. 8 See, e.g, Nasdaq ISE Pricing Schedule, Section 11 For example, a TPH’s total simple add volume 6 Fee code SL is currently appended to C2 Market 3, Footnote 5, which provides for tiered rebates for in March 2021 is 2,600,000 contracts and its total Maker orders in SPY, AAPL, QQQ, IWM and SLV Market-Maker SPY, QQQ, and IWM orders that add simple volume is 3,000,000 contracts, resulting in that add liquidity and are a National Best Bid or liquidity between $0.00–$0.26 per contract. a Make Rate of 86.6%. As such, the TPH would Offer (‘‘NBBO’’) Joiner or NBBO Setter and offers a 9 While BOE Bulk Ports are available to all market receive a 30% credit on its monthly Bulk Port fees rebate of $0.31 per contract for such orders. participants, they are used primarily by Market for the month of April 2021. 7 ‘‘Step-Up ADAV’’ means ADAV in the relevant Makers or firms that conduct similar business 12 See Cboe Options Fees Schedule, Market- baseline month subtracted from current ADAV. activity. Maker Access Credit.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20423

confusion, increase transparency, and Fees section, the Exchange proposes to order flow to the Exchange by benefit market participants. eliminate the following language ‘‘Port continuing to offer competitive pricing. Accordingly, the Exchange proposes to fees for BOE, FIX, BOE Bulk and Drop More specifically, the Exchange believes adopt the following definitions. ports will be assessed the full month it is reasonable to reduce the current fee • ‘‘ADAV’’ means average daily rates for May for ports available for use for Public Customers that remove added volume calculated as the number on the new trading platform beginning liquidity in SPY, AAPL, QQQ, IWM and of contracts added, per day. May 14, 2018’’, along with another SLV, as such market participants will be Æ ADAV is calculated on a monthly reference to May 15, 2018, as such paying lower fees for such transactions basis, excluding contracts added or language is also outdated and no longer and thus may be encouraged to increase removed on any day that the Exchange’s relevant or necessary to maintain. retail SPY, AAPL, QQQ, IWM and SLV system experiences a disruption that Lastly, the Exchange proposes to order flow to the Exchange. lasts for more than 60 minutes during eliminate the ‘‘Facilities Fees’’ section, Furthermore, the Exchange believes its regular trading hours (‘‘Exchange which includes fees for the PULSe proposed change is reasonable as it is System Disruption’’) and on any day Workstation and related footnotes. competitive and in line with pricing for with a scheduled early market close. Particularly, on January 4, 2021, the many of the same products at other Æ Routed contracts are not included Exchange decommissioned the PULSe exchanges.17 The Exchange believes the in ADAV calculation. Workstation. Accordingly, the related proposed change is equitable and not Æ With prior notice to the Exchange, PULSe Workstation fees are no longer unfairly discriminatory as it will apply a TPH may aggregate ADAV or ADV applicable nor necessary to maintain in to all Public Customers equally. The with other TPHs that control, are the fees schedule. The Exchange Exchange also believes that it is controlled by, or are under common therefore proposes to eliminate the equitable and not unfairly control with such TPH. language to avoid potential confusion discriminatory to assess a lower fee for • ‘‘Step-Up ADAV’’ means ADAV in and eliminate unnecessary language Public Customer orders in SPY, AAPL, the relevant baseline month subtracted 2. Statutory Basis QQQ, IWM and SLV as compared to from current ADAV. other market participants because • ‘‘OCC Customer Volume’’ or ‘‘OCV’’ The Exchange believes that the customer order flow enhances liquidity means the total equity and ETF options proposed rule change is consistent with on the Exchange for the benefit of all volume that clears in the Customer the objectives of Section 6 of the Act,14 market participants. Specifically, range at the Options Clearing in general, and furthers the objectives of customer liquidity benefits all market Corporation (‘‘OCC’’) for the month for Section 6(b)(4),15 in particular, as it is participants by providing more trading which the fees apply, excluding volume designed to provide for the equitable opportunities, which attracts Market on any day that the Exchange allocation of reasonable dues, fees and Makers. An increase in the activity of experiences an Exchange System other charges among its Members and these market participants in turn Disruption and on any day with a issuers and other persons using its facilitates tighter spreads, which may scheduled early market close. facilities. The Exchange also believes cause an additional corresponding The Exchange notes the proposed that the proposed rule change is increase in order flow from other market definitions are substantively similar to consistent with the objectives of Section participants. Moreover, the options the definitions contained in one of the 6(b)(5) 16 requirements that the rules of industry has a long history of providing Exchange’s affiliate fees schedules.13 an exchange be designed to prevent preferential pricing to customers, and fraudulent and manipulative acts and the Exchange’s current Fee Schedule Eliminate Outdated Language and practices, to promote just and equitable currently does so in many places, as do Obsolete Facilities Fees principles of trade, to foster cooperation the fees structures of multiple other The Exchange next proposes to and coordination with persons engaged exchanges. eliminate obsolete language under the in regulating, clearing, settling, The Exchange believes it is reasonable Physical and Logical Connectivity Fees processing information with respect to, to reduce the current rebate for Market- sections that reference legacy physical and facilitating transactions in Makers that add liquidity in SPY, and logical ports that were securities, to remove impediments to AAPL, QQQ, IWM and SLV, as such decommissioned in 2018. Particularly, and perfect the mechanism of a free and market participants will still be receive under the Physical Connectivity Fees open market and a national market a rebate for such orders (albeit at a lower section, the Exchange proposes to system, and, in general, to protect amount). Additionally, the Exchange eliminate the following language investors and the public interest, and, believes its proposed change is ‘‘[t]hrough June 30, 2018, C2 market particularly, is not designed to permit reasonable as it is competitive and in participants can elect to connect to C2’s unfair discrimination between line with pricing for many of the same trading system via either a 1 Gigabit customers, issuers, brokers, or dealers. products at other exchanges.18 The Ethernet or a 10 Gigabit Ethernet As described above, the Exchange Exchange also notes that is providing Network Access Port. No fees will be operates in a highly competitive market opportunities for Market-Makers to assessed for the legacy Network Access in which market participants can receive higher rebates for these same Ports’’, as such language is no longer readily direct order flow to competing transactions via the proposed Market- relevant. The Exchange also proposes to venues if they deem fee levels at a make clear that TPHs and non-TPHs particular venue to be excessive or 17 See, e.g., MIAX Pearl Fee Schedule, Section 1 only connect to C2’s trading system via incentives to be insufficient. In Transaction Rebates/Fees, which provides for a fee of $0.46 per contract for priority customer SPY Physical Ports (instead of ‘‘may also’’ particular, the proposed changes to orders that remove liquidity, $0.50 per contract for connect, which was relevant only when Exchange execution fees and rebates for priority customer IWM and QQQ orders that TPHs had the option of alternatively certain orders in SPY, AAPL, QQQ, remove liquidity, and $0.50 per contract for priority connecting via legacy Network Access IWM and SLV are intended to attract customer orders in Penny Classes other than SPY, QQQ and IWM orders that remove liquidity. Ports). Under the Logical Connectivity 18 See, e.g., Nasdaq ISE Pricing Schedule, Section 14 15 U.S.C. 78f. 3, Footnote 5, which provides for tiered rebates for 13 See Cboe EDGX Exchange, Inc. Fees Schedule, 15 15 U.S.C. 78f(b)(4). Market-Maker SPY, QQQ, and IWM orders that add Definitions. 16 15 U.S.C. 78f.(b)(5). liquidity between $0.00–$0.26 per contract.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20424 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

Maker Volume tiers. The Exchange QQQ, IWM and SLV as the Exchange by providing more trading opportunities believes the proposed change is already offers product-specific pricing and tighter spreads. The Exchange equitable and not unfairly for these orders and, and as noted believes it’s also reasonable, equitable discriminatory as it will apply to all above, other exchanges similarly and not unfairly discriminatory to Market-Makers equally. provide for product-specific tiered provide credits to those Market-Makers The Exchange believes adopting pricing.21 that primarily provide and post Market-Maker Volume Tiers for C2 The Exchange believes that the liquidity to the Exchange, as the Market-Maker orders in SPY, AAPL, proposed Market-Maker Volume Tiers Exchange wants to continue to QQQ, IWM and SLV that add liquidity represent an equitable allocation of fees encourage Market-Makers with because they provide additional and is not unfairly discriminatory significant Make Rates to continue to opportunities for TPHs to receive because it applies uniformly to all participate on the Exchange and add enhanced rebates on qualifying orders Market-Makers, in that all Market liquidity. Moreover, the Exchange notes in a manner that incentivizes increased Makers have the opportunity to compete that Market-Makers with a high Make Market-Maker order flow in certain for and achieve the proposed tiers. The Rate percentage generally require higher multiply-listed options on the enhanced rebates will apply amounts of capacity than other Market- Exchange. The Exchange notes that automatically and uniformly to all Makers. Particularly, Market-Makers volume-based incentives and discounts Market-Makers that achieve the with high Make Rates are generally have been widely adopted by proposed corresponding criteria. While streaming significantly more quotes exchanges 19 and are reasonable, the Exchange has no way of knowing than those with lower Make Rates. As equitable and non-discriminatory whether this proposed rule change such, Market-Makers with high Make because they are open to all TPHs on an would definitively result in any Rates may incur more costs than other equal basis and provide additional particular Market-Maker qualifying for Market-Makers as they may need to benefits or discounts that are reasonably the proposed tiers, the Exchange purchase multiple BOE Bulk Ports in related to (i) the value to an exchange’s believes that approximately four order to accommodate their capacity market quality and (ii) associated higher Market-Makers will reasonably be able needs. The Exchange believes the levels of market activity, such as higher to compete for and achieve the proposed proposed credits for BOE Bulk Ports levels of liquidity provision and/or criteria in proposed Tier 1 and at least encourages Market-Makers to continue growth patterns. one Market-Maker will be able to to provide liquidity for the Exchange, The Exchange believes the proposed achieve proposed Tier 2. The Exchange notwithstanding the costs incurred by Market-Maker Penny Volume Tiers are notes, however, that the proposed tiers purchasing multiple ports. Particularly, reasonable means to encourage Market- are open to any Market-Maker that the proposal is intended to mitigate the Makers to increase their order flow to satisfies the tiers’ criteria. costs incurred by traditional Market- specific multiply-listed options on the The Exchange lastly notes that it does Makers that focus on adding liquidity to Exchange (i.e., SPY, AAPL, QQQ, IWM not believe the proposed tiers will the Exchange (as opposed to those that and SLV). The Exchange notes that adversely impact any TPH’s pricing. provide and take, or just take). increased Market-Maker activity, Rather, should a TPH not meet the The Exchange believes the value of particularly, facilitates tighter spreads proposed criteria, the TPH will merely the proposed discount is also and an increase in overall liquidity not receive the enhanced rebates commensurate with the difficulty to provider activity, both of which signal corresponding to Tier 1 or Tier 2, and achieve the required thresholds. While additional corresponding increase in will instead receive the standard rebate. the Exchange has no way of predicting order flow from other market The Exchange believes the proposal to with certainty how many and which participants, contributing towards a adopt credits for BOE Bulk Ports is TPHs will satisfy the proposed criteria robust, well-balanced market ecosystem, reasonable, equitable and not unfairly to receive the discount, the Exchange particularly in multiply-listed options discriminatory because it provides an anticipates at least two TPHs to satisfy on the Exchange. The Exchange also opportunity for TPHs to pay lower fees the criteria and receive the discount. believes that proposed enhanced rebates for logical connectivity. The Exchange The Exchange does not believe the offered under proposed Tiers 1 and 2 notes that the proposed discount is in proposed discount will adversely are reasonably based on the difficulty of line with the discount offered to Market- impact any TPH’s pricing. Rather, satisfying the proposed tiers’ criteria Makers on its affiliate exchange, Cboe should a TPH not meet the proposed and ensures the proposed rebate and Options.22 Although only Market- criteria, the TPH will merely not receive thresholds appropriately reflect the Makers may receive the proposed BOE the proposed discount. incremental difficulty in achieving the Bulk Port credits, Market-Makers are Lastly, the Exchange believes Market-Maker Volume Tier. The valuable market participants that adopting a definitions section and Exchange believes that the proposed provide liquidity in the marketplace and eliminating outdated language and enhanced rebates are also in line with incur costs that other market obsolete fees maintains transparency the enhanced rebates currently offered participants do not incur. For example, and clarity in the fees schedule and by another exchange for similar Market-Makers have a number of reduces potential confusion, thereby products.20 The Exchange also believes obligations, including quoting removing impediments to and it is reasonable, equitable and not obligations and fees associated with perfecting the mechanism of a free and unfairly discriminatory to adopt pricing appointments that other market open market and a national market specific to certain orders in SPY, AAPL, participants do not have. The Exchange system, and, in general, protecting also believes that the proposal provides investors and the public interest. 19 See, e.g., Nasdaq ISE Pricing Schedule, Section an incentive for TPHs to provide more B. Self-Regulatory Organization’s 3, Footnote 5, which provides for tiered rebates for liquidity to the Exchange. Greater Statement on Burden on Competition Market-Maker SPY, QQQ, and IWM orders that add liquidity benefits all market participants liquidity between $0.00–$0.26 per contract. The Exchange does not believe that 20 See, e.g., Nasdaq ISE Pricing Schedule, Section 3, Footnote 5, which provides for tiered rebates for 21 Id. the proposed rule change will impose Market-Maker SPY, QQQ, and IWM orders that add 22 See Cboe Options Fees Schedule, Market- any burden on intramarket or liquidity between $0.00–$0.26 per contract. Maker Access Credit. intermarket competition that is not

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20425

necessary or appropriate in furtherance exchange venues. Additionally, the 60 days of the filing of the proposed rule of the purposes of the Act. Rather, as Exchange represents a small percentage change, the Commission summarily may discussed above, the Exchange believes of the overall market. Based on publicly temporarily suspend such rule change if that the proposed change would available information, no single options it appears to the Commission that such encourage the submission of additional exchange has more than 17% of the action is necessary or appropriate in the to a public exchange, including in market share. Therefore, no exchange public interest, for the protection of certain products (i.e., SPY, AAPL, QQQ, possesses significant pricing power in investors, or otherwise in furtherance of IWM and SLV) thereby promoting the execution of option order flow. the purposes of the Act. If the market depth, price discovery and Indeed, participants can readily choose Commission takes such action, the transparency and enhancing order to send their orders to other exchange Commission will institute proceedings execution opportunities for all TPHs. As and off-exchange venues if they deem to determine whether the proposed rule a result, the Exchange believes that the fee levels at those other venues to be change should be approved or proposed change furthers the more favorable. Moreover, the disapproved. Commission’s goal in adopting Commission has repeatedly expressed IV. Solicitation of Comments Regulation NMS of fostering its preference for competition over competition among orders, which regulatory intervention in determining Interested persons are invited to promotes ‘‘more efficient pricing of prices, products, and services in the submit written data, views, and individual stocks for all types of orders, securities markets. Specifically, in arguments concerning the foregoing, large and small.’’ Regulation NMS, the Commission including whether the proposed rule The Exchange believes the proposed highlighted the importance of market change is consistent with the Act. rule change does not impose any burden forces in determining prices and SRO Comments may be submitted by any of on intramarket competition that is not revenues and, also, recognized that the following methods: necessary or appropriate in furtherance current regulation of the market system Electronic Comments of the purposes of the Act. Particularly, ‘‘has been remarkably successful in • the proposed change applies to all promoting market competition in its Use the Commission’s internet similarly situated Trading Permit broader forms that are most important to comment form (http://www.sec.gov/ rules/sro.shtml); or Holders equally. Additionally, the investors and listed companies.’’ The • proposed change is designed to attract fact that this market is competitive has Send an email to rule-comments@ additional SPY, AAPL, QQQ, IWM and also long been recognized by the courts. sec.gov. Please include File Number SR– SLV Public Customer orders that In NetCoalition v. Securities and C2–2021–005 on the subject line. remove liquidity and SPY, AAPL, QQQ, Exchange Commission, the D.C. Circuit Paper Comments IWM and SLV Market Maker orders that stated as follows: ‘‘[n]o one disputes • Send paper comments in triplicate add liquidity to the Exchange. The that competition for order flow is to Secretary, Securities and Exchange Exchange believes that the new C2 ‘fierce.’ . . . As the SEC explained, ‘[i]n Commission, 100 F Street NE, Market Maker tiered pricing for orders the U.S. national market system, buyers Washington, DC 20549–1090. in SPY, AAPL, QQQ, IWM and SLV and sellers of securities, and the broker- All submissions should refer to File would incentivize entry on the dealers that act as their order-routing Number SR–C2–2021–005. This file Exchange of such orders, benefitting agents, have a wide range of choices of number should be included on the both TPHs and public investors and, as where to route orders for execution’; subject line if email is used. To help the a result, provide for deeper levels of [and] ‘no exchange can afford to take its Commission process and review your liquidity, increasing trading market share percentages for granted’ comments more efficiently, please use opportunities for other market because ‘no exchange possesses a only one method. The Commission will participants, thus signaling further monopoly, regulatory or otherwise, in post all comments on the Commission’s trading activity, ultimately incentivizing the execution of order flow from broker internet website (http://www.sec.gov/ more overall order flow and improving dealers’ . . . .’’. Accordingly, the rules/sro.shtml). Copies of the price transparency on the Exchange. Exchange does not believe its proposed submission, all subsequent Similarly, although the proposed fee change imposes any burden on amendments, all written statements discount for BOE Bulk Port fees only competition that is not necessary or with respect to the proposed rule applies to Market-Makers, Market- appropriate in furtherance of the change that are filed with the Makers are valuable market participants purposes of the Act. that provide liquidity in the Commission, and all written marketplace and incur costs that other C. Self-Regulatory Organization’s communications relating to the market participants do not incur. For Statement on Comments on the proposed rule change between the example, Market-Makers have a number Proposed Rule Change Received From Commission and any person, other than of obligations, including quoting Members, Participants, or Others those that may be withheld from the obligations and fees associated with The Exchange has neither solicited public in accordance with the appointments that other market nor received written comments on the provisions of 5 U.S.C. 552, will be participants do not have. proposed rule change. available for website viewing and Next, the Exchange believes the printing in the Commission’s Public proposed rule change does not impose III. Date of Effectiveness of the Reference Room, 100 F Street NE, any burden on intermarket competition Proposed Rule Change and Timing for Washington, DC 20549 on official that is not necessary or appropriate in Commission Action business days between the hours of furtherance of the purposes of the Act. The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of the As previously discussed, the Exchange effective pursuant to Section 19(b)(3)(A) filing also will be available for operates in a highly competitive market. of the Act 23 and paragraph (f) of Rule inspection and copying at the principal Members have numerous alternative 19b–4 24 thereunder. At any time within offices of the Exchange. All comments venues that they may participate on and received will be posted without change. director their order flow, including 15 23 15 U.S.C. 78s(b)(3)(A). Persons submitting comments are other options exchanges and off- 24 17 CFR 240.19b–4(f). cautioned that we do not redact or edit

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20426 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

personal identifying information from The text of the proposed rule change Indexes measure real-time real estate comment submissions. You should is available on the Exchange’s website at returns representing the performance of submit only information that you wish http://www.miaxoptions.com/rule- real estate investment trusts (‘‘REITs’’) to make available publicly. All filings/ at MIAX Options’ principal and/or publicly listed equity companies submissions should refer to File office, and at the Commission’s Public across various sectors. Each constituent Number SR–C2–2021–005, and should Reference Room. of an AF CRE Index is a REIT or equity be submitted on or before May 10, 2021. II. Self-Regulatory Organization’s company listed on a U.S. securities For the Commission, by the Division of Statement of the Purpose of, and exchange. The individual components Trading and Markets, pursuant to delegated Statutory Basis for, the Proposed Rule of each AF CRE Sector Index are authority.25 Change determined from the REITs/equity J. Matthew DeLesDernier, companies that have the largest In its filing with the Commission, the enterprise value (‘‘Enterprise Value’’) 5 Assistant Secretary. Exchange included statements [FR Doc. 2021–07960 Filed 4–16–21; 8:45 am] within each individual sector and that concerning the purpose of and basis for meet certain minimum eligibility BILLING CODE 8011–01–P the proposed rule change and discussed requirements. Since the publication of any comments it received on the the AF CRE Index Notice and to date, proposed rule change. The text of these the Exchange has not listed options for SECURITIES AND EXCHANGE statements may be examined at the COMMISSION trading on the AF CRE Indexes (or places specified in Item IV below. The options on the rebranded products, the [Release No. 34–91542; File No. SR–MIAX– Exchange has prepared summaries, set BRIXX Indexes, described below), for 2021–09] forth in sections A, B, and C below, of business reasons. the most significant aspects of such Recently, the Exchange rebranded the Self-Regulatory Organizations; Miami statements. TM International Securities Exchange, AF CRE Indexes as the BRIXX LLC; Notice of Filing and Immediate A. Self-Regulatory Organization’s Commercial Real Estate Indexes (the Effectiveness of a Proposed Rule Statement of the Purpose of, and ‘‘BRIXX Indexes’’), as follows: (1) The Change To Amend Exchange Rule Statutory Basis for, the Proposed Rule AF CRE Office Index is rebranded as the 1801, Definitions and Exchange Rule Change BRIXX Office Index; (2) the AF CRE Retail Index is rebranded as the BRIXX 1809, Terms of Index Options 1. Purpose Contracts Retail Index; (3) the AF CRE Residential The Exchange proposes to amend Index is rebranded as the BRIXX April 13, 2021. Interpretation and Policy .01 to Residential Index; (4) the AF CRE Pursuant to Section 19(b)(1) of the Exchange Rule 1801 and Exchange Rule Hospitality Index is rebranded as the Securities Exchange Act of 1934 (the 1809(a)(3)–(5), to amend the names of BRIXX Hospitality Index; and (5) the AF ‘‘Act’’),1 and Rule 19b–4 thereunder,2 certain indexes on which the Exchange CRE Composite Index is rebranded as notice is hereby given that on March 30, may list and trade options due to a the BRIXX Composite Index. 2021, Miami International Securities rebranding of those index names, and to Accordingly, the Exchange proposes to Exchange, LLC (‘‘MIAX Options’’ or the update the reporting authority for those amend the table of indexes in Exchange ‘‘Exchange’’) filed with the Securities indexes. Rule 1801, Interpretation and Policy .01, and Exchange Commission (the The Exchange first proposes to amend to insert each of the rebranded BRIXX ‘‘Commission’’) the proposed rule Exchange Rule 1801, Interpretation and Indexes in place of the AF CRE Indexes change as described in Items I and II Policy .01, to amend the names of the under the heading ‘‘Underlying Index.’’ below, which Items have been prepared Advanced Fundamentals LLC The Exchange also proposes to amend by the self-regulatory organization. The (‘‘Advanced Fundamentals’’) Exchange Rule 1801, Interpretation and Commission is publishing this notice to Commercial Real Estate Indexes (the Policy .01, to update the reporting solicit comments on the proposed rule ‘‘AF CRE Indexes’’), on which the authority 6 for each of the BRIXX change from interested persons. Exchange may list options, due to the Indexes. The reporting authority in Exchange rebranding the AF CRE respect of a particular index means the I. Self-Regulatory Organization’s Indexes under new names. The institution or reporting service Statement of the Terms of Substance of Exchange also proposes to update the designated by the Exchange as the the Proposed Rule Change reporting authority service provider for official source for calculating the level The Exchange is filing a proposal to the newly rebranded indexes. of the index from the reporting prices of amend Interpretation and Policy .01 to On April 17, 2020, the Exchange filed the underlying securities that are the Exchange Rule 1801 and Exchange its proposal with the Commission to basis of the index and reporting such Rules 1809(a)(3)–(5), to amend the amend certain of the Exchange’s rules in level.7 At the time of the AF CRE Index names of certain indexes on which the connection with the Exchange’s plan to Notice, Refinitiv was listed as the Exchange may list and trade options due list and trade options on five AF CRE reporting authority for each of the AF to rebranding, and to update the Indexes—the AF CRE Residential Index, CRE Indexes (now known as the BRIXX reporting authority for those indexes.3 AF CRE Retail Index, AF CRE Office Indexes).8 Refinitiv still monitors and Index, AF CRE Hospitality Index and 25 17 CFR 200.30–3(a)(12). AF CRE Composite Index.4 The AF CRE 5 The term ‘‘Enterprise Value’’ refers to the 1 15 U.S.C. 78s(b)(1). measure of a company’s total value, calculated by 2 17 CFR 240.19b–4. the time the Exchange anticipates it will begin adding the company’s market capitalization, total 3 On April 16, 2020, the Exchange filed a Form listing options for trading on the BRIXX Indexes. liabilities and preferred equity, then subtracting all 19b–4(e) with the Commission pursuant to Rule 4 See Securities Exchange Act Release No. 88767 cash and cash equivalents. See https:// 19b–4(e) of the Act for the AF CRE Indexes (defined (April 29, 2020), 85 FR 26743 (May 5, 2020) (SR– www.investopedia.com/terms/e/ below). The Exchange has not yet listed options for MIAX–2020–08) (Notice of Filing and Immediate enterprisevalue.asp. trading on the AF CRE Indexes for business reasons. Effectiveness of a Proposed Rule Change to List and 6 See Exchange Rule 1801(p). The Exchange notes that it will file a Form 19b–4(e) Trade Options That Overlie Five Advanced 7 See id. with the Commission pursuant to Rule 19b–4(e) of Fundamentals LLC Commercial Real Estate Indexes) 8 Refinitiv is currently the reporting authority for the Act for the BRIXX Indexes (defined below) at (the ‘‘AF CRE Index Notice’’). each of the BRIXX Indexes (formerly, the AF CRE

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20427

maintains each of the BRIXX Indexes (5), the Exchange would be able to list dissemination of index values of the and rebalances each of the BRIXX up to twelve (12) standard monthly BRIXX Indexes, but merely reflects a Indexes quarterly.9 expirations on the AF CRE Indexes, the rebranding of the products and a change The Exchange does not currently list AF CRE Indexes would be European- in the reporting authority service options for trading on the BRIXX style index options, and the AF CRE provider for the various indexes on Indexes (and has not listed options for Indexes would be A.M-settled.13 The which the Exchange is authorized to list trading under the previously named AF Exchange proposes to amend Exchange options, due to business reasons. The CRE Indexes). Recently, the Exchange Rules 1809(a)(3)–(5) to reflect the name Exchange believes this proposal perfects determined to switch reporting change of the AF CRE Indexes to the the mechanism of a free and open authority service providers for the BRIXX Indexes. Accordingly, with the market a national market system, and BRIXX Indexes from Refinitiv to proposed changes, Exchange Rules protects investors and the public Devexperts Inc. (‘‘Devexperts’’).10 The 1809(a)(3)–(5) will provide that the interest because, with the proposed Exchange proposes to announce when Exchange is able to list up to twelve (12) rebrand from the AF CRE Indexes to the the transfer in reporting authority standard monthly expirations on the BRIXX Indexes, there will be no change service provider from Refinitiv to BRIXX Indexes, the BRIXX Indexes are to the initial or maintenance listing Devexperts is complete by Regulatory European-style index options, and the criteria, expiration months, settlement Circular. As a result, the Exchange BRIXX Indexes are A.M-settled. or exercise style of options on the designates Devexperts as the reporting 2. Statutory Basis BRIXX Indexes. The Exchange notes authority for each of the BRIXX Indexes, that this proposal is simply to clarify the The Exchange believes the proposed and proposes to amend the table in rebranded name of the index options Interpretation and Policy .01 to rule change is consistent with the Act products. Exchange Rule 1801 to reflect such and the rules and regulations changes under the heading ‘‘Reporting thereunder applicable to the Exchange The Exchange believes that the Authority.’’ 11 The Exchange represents and, in particular, the requirements of proposed change in reporting authority that this change will have no impact on Section 6(b) of the Act.14 Specifically, service provider removes impediments the accuracy and dissemination of index the Exchange believes the proposed rule to and perfects the mechanism of a free values for any of the BRIXX Indexes. change is consistent with the Section and open market a national market Values for the BRIXX Indexes will 6(b)(5) 15 requirements that the rules of system, and protects investors and the continue to be disseminated and an exchange be designed to prevent public interest because this change will available to market participants in the fraudulent and manipulative acts and have no impact on the accuracy and same manner and in the same practices, to promote just and equitable dissemination of index values for any of intervals.12 principles of trade, to foster cooperation the BRIXX Indexes. Values for the Next, the Exchange proposes to and coordination with persons engaged BRIXX Indexes will continue to be amend Exchange Rules 1809(a)(3)–(5) to in regulating, clearing, settling, disseminated and available to market update the names of the AF CRE processing information with respect to, participants in the same manner and in Indexes to be rebranded as the BRIXX and facilitating transactions in the same intervals. The Exchange notes Indexes, as described above. The AF securities, to remove impediments to that it has not listed options on the AF CRE Index Notice provided that, and perfect the mechanism of a free and CRE Indexes (or options on the pursuant to Exchange Rules 1809(a)(3)– open market and a national market rebranded products, the BRIXX Indexes) system, and, in general, to protect at this time. Indexes). See Exchange Rule 1801, Interpretation investors and the public interest. B. Self-Regulatory Organization’s and Policy .01. Thomson Reuters’ Financial & Risk Additionally, the Exchange believes the (‘‘F&R’’) business unit was rebranded under the Statement on Burden on Competition name ‘‘Refinitiv’’ in 2018 when Thomson Reuters proposed rule change is consistent with 16 sold a majority stake in its F&R business unit to the Section 6(b)(5) requirement that The Exchange does not believe that private equity firm Blackstone Group LP. Refinitiv the rules of an exchange not be designed the proposed rule change will impose provides financial markets data and infrastructure to permit unfair discrimination between in over 150 countries. Part of Refinitiv’s services any burden on competition that is not include, but are not limited to, the calculation of customers, issuers, brokers, or dealers. necessary or appropriate in furtherance various indexes. See Thomson Reuters Financial & The Exchange believes that the of the purposes of the Act. The Risk Business Announces New Company Name: proposed rule changes remove proposed rule change is not intended to Refinitiv (July 27, 2018), available at https:// impediments to and perfects the be a competitive rule filing. Rather, the www.thomsonreuters.com/en/press-releases/2018/ mechanism of a free and open market a july/thomson-reuters-financial-and-risk-business- proposed rule change merely reflects a announces-new-company-name-refinitiv.html. national market system, and protects change to the name of the index options 9 See supra note 4. investors and the public interest by and the reporting authority service 10 Devexperts provides consulting and software updating the Exchange’s rules to reflect provider for the various indexes on development services for the financial industry, the rebranded names of certain indexes which the Exchange is authorized to list including calculation and reporting services, on- on which the is authorized to list and line and desktop trading execution platforms, risk options due to business reasons. The management and fix gateways, and real-time and trade options, as well as to update the proposed rule change has no impact on historical data services. See https://devexperts.com/ reporting authority service provider for the dissemination of index values for about-devexperts/. the BRIXX Indexes. The Exchange the BRIXX Indexes. Further, the 11 The Exchange notes that, for business reasons, believes this promotes transparency in it acts as the reporting authority for the SPIKES Exchange has not yet listed options for Volatility Index, on which the Exchange currently its rules and may eliminate any trading on the BRIXX Indexes. lists options, instead of a third-party service potential confusion among market provider. See Exchange Rule 1801, Interpretation participants. The proposed rule changes C. Self-Regulatory Organization’s and Policy .01. will have no impact on the Statement on Comments on the 12 Pursuant to Exchange Rules 1802(b)(10) and Proposed Rule Change Received From (d)(11), the current value of an index must be 13 disseminated at least once every 15 seconds by one See Exchange Rules 1809(a)(3)–(5). Members, Participants, or Others or more major market data vendors. The Exchange 14 15 U.S.C. 78f(b). represents that this will continue to be the case for 15 15 U.S.C. 78f(b)(5). Written comments were neither the AF CRE Indexes. 16 Id. solicited nor received.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20428 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

III. Date of Effectiveness of the submission, all subsequent SUMMARY OF APPLICATION: Applicants Proposed Rule Change and Timing for amendments, all written statements request an order (‘‘Order’’) that permits: Commission Action with respect to the proposed rule (a) ActiveShares ETFs (as described in Because the foregoing proposed rule change that are filed with the the Reference Order (as defined below)) change does not: (i) Significantly affect Commission, and all written to issue shares (‘‘Shares’’) redeemable in the protection of investors or the public communications relating to the large aggregations only (‘‘creation interest; (ii) impose any significant proposed rule change between the units’’); (b) secondary market burden on competition; and (iii) become Commission and any person, other than transactions in Shares to occur at operative for 30 days after the date of those that may be withheld from the negotiated market prices rather than at the filing, or such shorter time as the public in accordance with the net asset value; and (c) certain affiliated Commission may designate, it has provisions of 5 U.S.C. 552, will be persons of an ActiveShares ETF to become effective pursuant to Section available for website viewing and deposit securities into, and receive 19(b)(3)(A) of the Act 17 and Rule 19b– printing in the Commission’s Public securities from, the ActiveShares ETF in Reference Room, 100 F Street NE, 4(f)(6) 18 thereunder. connection with the purchase and At any time within 60 days of the Washington, DC 20549 on official redemption of creation units. The relief filing of the proposed rule change, the business days between the hours of in the Order would incorporate by Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the reference terms and conditions of the temporarily suspend such rule change if filing also will be available for same relief of a previous order granting it appears to the Commission that such inspection and copying at the principal the same relief sought by applicants, as action is necessary or appropriate in the office of the Exchange. All comments that order may be amended from time to public interest, for the protection of received will be posted without change. time (‘‘Reference Order’’).1 Persons submitting comments are investors, or otherwise in furtherance of FILING DATE: The application was filed cautioned that we do not redact or edit the purposes of the Act. If the on January 7, 2021 and amended on personal identifying information from Commission takes such action, the March 30 2021. comment submissions. You should Commission shall institute proceedings submit only information that you wish HEARING OR NOTIFICATION OF HEARING: An to determine whether the proposed rule to make available publicly. All order granting the requested relief will should be approved or disapproved. submissions should refer to File be issued unless the Commission orders IV. Solicitation of Comments Number SR–MIAX–2021–09 and should a hearing. Interested persons may be submitted on or before May 10, 2021. request a hearing by emailing the Interested persons are invited to Commission’s Secretary at Secretarys- For the Commission, by the Division of submit written data, views and [email protected] and serving applicants arguments concerning the foregoing, Trading and Markets, pursuant to delegated 19 with a copy of the request by email. including whether the proposed rule authority. J. Matthew DeLesDernier, Hearing requests should be received by change is consistent with the Act. the Commission by 5:30 p.m. on May Assistant Secretary. Comments may be submitted by any of 10, 2021, and should be accompanied the following methods: [FR Doc. 2021–07959 Filed 4–16–21; 8:45 am] by proof of service on applicants, in the Electronic Comments BILLING CODE 8011–01–P form of an affidavit or, for lawyers, a • Use the Commission’s internet certificate of service. Pursuant to rule 0– comment form (http://www.sec.gov/ SECURITIES AND EXCHANGE 5 under the Act, hearing requests should rules/sro.shtml); or COMMISSION state the nature of the writer’s interest, • Send an email to rule-comments@ any facts bearing upon the desirability [Investment Company Act Release No. of a hearing on the matter, the reason for sec.gov. Please include File Number SR– 34244; File No. 812–15191] MIAX–2021–09 on the subject line. the request, and the issues contested. Persons who wish to be notified of a The Advisors’ Inner Circle Fund, Paper Comments hearing may request notification by Cambiar Investors, LLC and SEI • emailing the Commission’s Secretary at Send paper comments in triplicate Investments Distribution Co. to Secretary, Securities and Exchange [email protected]. Commission, 100 F Street NE, April 13, 2021. ADDRESSES: The Commission: Washington, DC 20549–1090. AGENCY: Securities and Exchange [email protected]. Applicants: All submissions should refer to File Commission (‘‘Commission’’). The Advisors’ Inner Circle Fund, Number SR–MIAX–2021–09. This file ACTION: Notice. [email protected]; Cambiar Investors, number should be included on the LLC, [email protected]; SEI subject line if email is used. To help the Notice of an application for an order Investments Distribution Co., JMunch@ Commission process and review your under section 6(c) of the Investment seic.com; Morgan, Lewis & Bockius LLP, Company Act of 1940 (‘‘Act’’) for an comments more efficiently, please use [email protected]. exemption from sections 2(a)(32), only one method. The Commission will 5(a)(1), and 22(d) of the Act and rule post all comments on the Commission’s 1 Precidian ETFs Trust, et al., Investment 22c–1 under the Act, and under sections internet website (http://www.sec.gov/ Company Act Release Nos. 33440 (April 8, 2019) 6(c) and 17(b) of the Act for an rules/sro.shtml). Copies of the (notice) and 33477 (May 20, 2019) (order). exemption from sections 17(a)(1) and Applicants are not seeking relief under section 17(a)(2) of the Act. 12(d)(1)(J) of the Act for an exemption from sections 17 15 U.S.C. 78s(b)(3)(A). 12(d)(1)(A) and 12(d)(1)(B) of the Act (the ‘‘Section 18 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– APPLICANTS: The Advisor’s Inner Circle 12(d)(1) Relief’’), and relief under sections 6(c) and 4(f)(6) requires a self-regulatory organization to give Fund (the ‘‘Trust’’), Cambiar Investors, 17(b) of the Act for an exemption from sections the Commission written notice of its intent to file LLC (the ‘‘Initial Adviser’’), and SEI 17(a)(1) and 17(a)(2) of the Act relating to the the proposed rule change at least five business days Investments Distribution Co. (the Section 12(d)(1) Relief, as granted in the Reference prior to the date of filing of the proposed rule Order. Accordingly, to the extent the terms and change, or such shorter time as designated by the ‘‘Distributor’’). conditions of the Reference Order relate to such Commission. The Exchange has satisfied this relief, they are not incorporated by reference into requirement. 19 17 CFR 200.30–3(a)(12). the Order.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20429

FOR FURTHER INFORMATION CONTACT: an exemption from sections 2(a)(32), general purposes of the Act. Applicants Barbara T. Heussler, Senior Counsel, at 5(a)(1), and 22(d) of the Act and rule submit that for the reasons stated in the (202) 551–6990 or Trace W. Rakestraw, 22c–1 under the Act, and under sections Reference Order the requested relief Branch Chief, at (202) 551–6825 6(c) and 17(b) of the Act for an meets the exemptive standards under (Division of Investment Management, exemption from sections 17(a)(1) and sections 6(c) and 17(b) of the Act. Chief Counsel’s Office). 17(a)(2) of the Act. The requested Order For the Commission, by the Division of SUPPLEMENTARY INFORMATION: The would permit applicants to offer Investment Management, pursuant to following is a summary of the ActiveShares ETFs. Because the relief delegated authority. application. The complete application requested is the same as certain of the J. Matthew DeLesDernier, may be obtained via the Commission’s relief granted by the Commission under Assistant Secretary. the Reference Order and because the website by searching for the file [FR Doc. 2021–07952 Filed 4–16–21; 8:45 am] number, or for an applicant using the Initial Adviser has entered into a license BILLING CODE 8011–01–P Company name box, at http:// agreement with Precidian Investments www.sec.gov/search/search.htm or by LLC, or an affiliate thereof, in order to calling (202) 551–8090. offer ActiveShares ETFs,3 the Order SECURITIES AND EXCHANGE would incorporate by reference the Applicants COMMISSION terms and conditions of the same relief 1. The Trust is a business trust of the Reference Order. Sunshine Act Meeting; Cancellation established under the laws of 5. Applicants request that the Order Massachusetts and will consist of one or apply to the Initial Funds and to any FEDERAL REGISTER CITATION OF PREVIOUS more series operating as ActiveShares other existing or future registered open- ANNOUNCEMENT: 86 FR 19063, April 12, ETFs. The Trust is registered as an end management investment company 2021. open-end management investment or series thereof that: (a) Is advised by PREVIOUSLY ANNOUNCED TIME AND DATE OF company under the Act. Applicants the Initial Adviser or any entity THE MEETING: Thursday, April 15, 2021 seek relief with respect to Funds (as controlling, controlled by, or under at 2:00 p.m. defined below), including three initial common control with the Initial Adviser Funds (‘‘Initial Funds’’). The Funds will CHANGES IN THE MEETING: The Closed (any such entity, along with the Initial Meeting scheduled for Thursday, April operate as ActiveShares ETFs as Adviser, included in the term described in the Reference Order.2 15, 2021 at 2:00 p.m., has been ‘‘Adviser’’); (b) operates as an cancelled. 2. The Initial Adviser, a Delaware ActiveShares ETF as described in the CONTACT PERSON FOR MORE INFORMATION: limited liability company, will be the Reference Order; and (c) complies with For further information; please contact investment adviser to the Initial Funds. the terms and conditions of the Order Vanessa A. Countryman from the Office An Adviser (as defined below) will and the terms and conditions of the of the Secretary at (202) 551–5400. serve as investment adviser to each Reference Order that are incorporated Fund. The Initial Adviser is, and any by reference into the Order (each such Dated: April 15, 2021. other Adviser will be, registered as an company or series and each Initial Vanessa A. Countryman, investment adviser under the Fund, a ‘‘Fund’’).4 Secretary. Investment Advisers Act of 1940 6. Section 6(c) of the Act provides that (‘‘Advisers Act’’). The Adviser may [FR Doc. 2021–08121 Filed 4–15–21; 4:15 pm] the Commission may exempt any enter into sub-advisory agreements with BILLING CODE 8011–01–P person, security or transaction, or any other investment advisers to act as sub- class of persons, securities or advisers with respect to the Funds (each transactions, from any provisions of the a ‘‘Sub-Adviser’’). Any Sub-Adviser will SMALL BUSINESS ADMINISTRATION Act, if and to the extent that such be registered under the Advisers Act. 3. The Distributor is a Pennsylvania exemption is necessary or appropriate Data Collection Available for Public corporation and a broker-dealer in the public interest and consistent Comments registered under the Securities with the protection of investors and the Exchange Act of 1934, as amended, and purposes fairly intended by the policy ACTION: 60-day notice and request for will act as the principal underwriter of and provisions of the Act. Section 17(b) comments. Shares of the Funds. Applicants request of the Act authorizes the Commission to SUMMARY: The Small Business that the requested relief apply to any exempt a proposed transaction from Administration (SBA) intends to request distributor of Shares, whether affiliated section 17(a) of the Act if evidence approval, from the Office of or unaffiliated with the Adviser and/or establishes that the terms of the Management and Budget (OMB) for the Sub-Adviser (included in the term transaction, including the consideration collection of information described ‘‘Distributor’’). Any Distributor will to be paid or received, are reasonable below. The Paperwork Reduction Act comply with the terms and conditions and fair and do not involve (PRA) requires federal agencies to of the Order. overreaching on the part of any person concerned, and the transaction is publish a notice in the Federal Register Applicants’ Requested Exemptive Relief consistent with the policies of the concerning each proposed collection of 4. Applicants seek the requested registered investment company and the information before submission to OMB, Order under section 6(c) of the Act for and to allow 60 days for public 3 Aspects of the Funds are covered by intellectual comment in response to the notice. This 2 To facilitate arbitrage, an ActiveShares ETF property rights, including but not limited to those notice complies with that requirement. which are described in one or more patent disseminates a ‘‘verified intraday indicative value’’ DATES: Submit comments on or before or ‘‘VIIV,’’ reflecting the value of its portfolio applications. holdings, calculated every second during the 4 All entities that currently intend to rely on the June 18, 2021. trading day. To protect the identity and weightings Order are named as applicants. Any other entity ADDRESSES: Send all comments to Amy of its portfolio holdings, an ActiveShares ETF sells that relies on the Order in the future will comply Garcia, Veterans Business Analyst, and redeems its Shares in creation units to with the terms and conditions of the Order and the authorized participants only through an unaffiliated terms and conditions of the Reference Order that Office of Veterans, Small Business broker-dealer acting on an agency basis. are incorporated by reference into the Order. Administration.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20430 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

FOR FURTHER INFORMATION CONTACT: comment in response to the notice. This comment in response to the notice. This Amy Garcia, Veterans Business Analyst, notice complies with that requirement. notice complies with that requirement. Office of Veterans, [email protected] DATES: Submit comments on or before DATES: Submit comments on or before 202–205–7526, or Curtis B. Rich, June 18, 2021. June 18, 2021. Management Analyst, 202–205–7030, ADDRESSES: Send all comments to Mary ADDRESSES: Send all comments to [email protected]. Frias, Loan Specialist, Office of Jermaine Perry, Management Analyst, SUPPLEMENTARY INFORMATION: Financial Assistance, Small Business Office of Surety Guarantee, Small This form facilitates online Administration. Business Administration, Washington, registration for the Boots to Business DC 20416. FOR FURTHER INFORMATION CONTACT: course for eligible service members and FOR FURTHER INFORMATION CONTACT: Mary Frias, Loan Specialist, Office of their spouses. The collected data will be Jermaine Perry, Management Analyst, Financial Assistance, mary.frias@ used to report course statistics, manage Office of Surety Guarantee, 202–401– sba.gov, 202–401–8234, or Curtis B. course operations more efficiently, tailor 8275 [email protected], or Curtis Rich, Management Analyst, 202–205– individual classes based on the B. Rich, Management Analyst, 202–205– 7030, [email protected]. experience and interests of the 7030, [email protected]; participants, and ultimately contact SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: Small Boots to Business alumni. information collected is used by SBA to Business Administration (SBA) Surety monitor the Agents, fees charged by Solicitation of Public Comments Bond Guarantee Program was created to Agents, and the relationship between encourage surety companies to provide Comments may be submitted on (a) Agents and lenders. The information bonding for small contractors. The whether the collection of information is helps SBA to determine among other information collected on this form from necessary for the agency to properly things whether borrowers are paying small businesses and surety companies perform its functions; (b) whether the unnecessary, unreasonable or will be used to evaluate the eligibility of burden estimates are accurate; (c) prohibitive fees. applicants for contracts up to $400,000. whether there are ways to minimize the Solicitation of Public Comments burden, including through the use of Solicitation of Public Comments automated techniques or other forms of SBA is requesting comments on (a) SBA is requesting comments on (a) information technology; and (d) whether Whether the collection of information is Whether the collection of information is there are ways to enhance the quality, necessary for the agency to properly necessary for the agency to properly utility, and clarity of the information. perform its functions; (b) whether the perform its functions; (b) whether the burden estimates are accurate; (c) Summary of Information Collections burden estimates are accurate; (c) whether there are ways to minimize the whether there are ways to minimize the OMB 3245–0395. burden, including through the use of burden, including through the use of Title: Boots to Business Course automated techniques or other forms of automated techniques or other forms of Registration. information technology; and (d) whether information technology; and (d) whether Description of Respondents: there are ways to enhance the quality, there are ways to enhance the quality, Transitioning Service Members. utility, and clarity of the information. utility, and clarity of the information. Form Number: 2,453. OMB Control number: 3245–0201. Estimated Annual Respondents: Title: ‘‘Compensation Agreement’’. Summary of Information Collection 15,000. Form Number’s: 159(7a), 159(504), OMB Control # 3245–0378. Estimated Annual Responses: 15,000. 159D. Title: Quick Bond Guarantee Estimated Annual Hour Burden: Annual Responses: 9,210. Application and Agreement. 79,000. Annual Burden: 1,385. Description of Respondents: Surety Companies. Curtis Rich, Curtis Rich, Form Number: SBA Form 990A. Management Analyst. Management Analyst. Total Estimated Annual Responses: [FR Doc. 2021–07995 Filed 4–16–21; 8:45 am] [FR Doc. 2021–08001 Filed 4–16–21; 8:45 am] 3,278. BILLING CODE 8026–03–P BILLING CODE 8026–03–P Total Estimated Annual Hour Burden: 546. Curtis Rich, SMALL BUSINESS ADMINISTRATION SMALL BUSINESS ADMINISTRATION Management Analyst. Data Collection Available for Public Data Collection Available for Public [FR Doc. 2021–07997 Filed 4–16–21; 8:45 am] Comments Comments BILLING CODE 8026–03–P

ACTION: 60-Day notice and request for ACTION: 60-day notice and request for comments. comments. DEPARTMENT OF STATE

SUMMARY: The Small Business SUMMARY: The Small Business [Public Notice: 11392] Administration (SBA) intends to request Administration (SBA) intends to request approval, from the Office of approval, from the Office of Notice of Additions to the CAATSA Management and Budget (OMB) for the Management and Budget (OMB) for the Guidance collection of information described collection of information described ACTION: Notice of additions to the below. The Paperwork Reduction Act below. The Paperwork Reduction Act Countering America’s Adversaries (PRA) requires federal agencies to (PRA) requires federal agencies to Through Sanctions Act of 2017 publish a notice in the Federal Register publish a notice in the Federal Register (CAATSA) Section 231(e) guidance. concerning each proposed collection of concerning each proposed collection of information before submission to OMB, information before submission to OMB, SUMMARY: The Secretary of State is and to allow 60 days for public and to allow 60 days for public updating previously issued guidance

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20431

pursuant to CAATSA to specify SUMMARY: In accordance with the regulations and, if necessary, take additional persons that are part of, or Paperwork Reduction Act of 1995, FAA enforcement action against violators of operate for or on behalf of, the defense invites public comments about our the regulations. and intelligence sectors of the intention to request the Office of Respondents: 13. Government of the Russian Federation. Management and Budget (OMB) Frequency: Quarterly. DATES: The updates contained in this approval to renew an information Estimated Average Burden per notice were effective on March 2, 2021. collection. The Federal Register Notice Response: 48 Hours. FOR FURTHER INFORMATION CONTACT: with a 60-day comment period soliciting Estimated Total Annual Burden: Thomas W. Zarzecki, Director, Task comments on the following collection of $3,272.00. Force 231, Bureau of International information was published on Issued in Washington, DC, on April 14, Security and Nonproliferation, November 23, 2020. The FAA will use 2021. Department of State, Washington, DC the information it collects and reviews Sheri A. Martin, 20520, tel.: 202–647–7594, to monitor compliance with the Management and Program Analyst, FAA, Air [email protected]. regulations regarding air tours in the Transportation Division, AFS–200. SUPPLEMENTARY INFORMATION: Pursuant Grand Canyon National Park. [FR Doc. 2021–07991 Filed 4–16–21; 8:45 am] to the authority in CAATSA Section DATES: Written comments should be BILLING CODE 4910–13–P 231(e), the Secretary of State is issuing submitted by May 19, 2021. updated guidance specifying the ADDRESSES: Written comments and following additional persons that are recommendations for the proposed DEPARTMENT OF TRANSPORTATION part of, or operate for or on behalf of, the information collection should be sent defense and intelligence sectors of the within 30 days of publication of this National Highway Traffic Safety Government of the Russian Federation: notice to www.reginfo.gov/public/do/ Administration Section 231(e) List Regarding the PRAMain. Find this particular [Docket No. NHTSA–2021–0027] Defense Sector of the Government of the information collection by selecting Russian Federation ‘‘Currently under 30-day Review—Open Agency Information Collection for Public Comments’’ or by using the • Activities; Notice and Request for 27th Scientific Center; search function. Comment; National 911 Profile • 48 Central Scientific Research FOR FURTHER INFORMATION CONTACT: Database Institute Sergiev Posad (also known as Monica Buenrostro by email at: [aka] 48 TsNII Sergiev Posad; aka 48th AGENCY: National Highway Traffic [email protected]; phone: Central Research Institute, Sergiev Safety Administration (NHTSA), 202–267–3859. Posad); Department of Transportation (DOT). • 48 Central Scientific Research SUPPLEMENTARY INFORMATION: Public Comments Invited: You are ACTION: Notice and request for Institute Kirov (aka 48th Central comments on a request for extension of Research Institute Kirov; aka 48th asked to comment on any aspect of this information collection, including (a) a currently-approved information TsNII); collection. • 48 Central Scientific Research Whether the proposed collection of Institute Yekaterinburg (aka 48th TsNII information is necessary for FAA’s SUMMARY: The National Highway Traffic Yekaterinburg); performance; (b) the accuracy of the Safety Administration (NHTSA) invites • State Scientific Research Institute of estimated burden; (c) ways for FAA to public comments about our intention to Organic Chemistry and Technology (aka enhance the quality, utility and clarity request approval from the Office of GoSNIIOKhT); of the information collection; and (d) • Management and Budget (OMB) for an 33rd Scientific Research and ways that the burden could be extension of a currently-approved Testing Institute (aka 33rd TsNIII); minimized without reducing the quality information collection. Before a Federal Gonzalo O. Suarez, of the collected information. agency can collect certain information OMB Control Number: 2120–0653. from the public, it must receive Acting Deputy Assistant Secretary, Title: Commercial Air Tour International Security and Nonproliferation, approval from OMB. Under procedures Limitations in the Grand Canyon Department of State. established by the Paperwork Reduction National Park Special Flight Rules Area. Act of 1995, before seeking OMB [FR Doc. 2021–07614 Filed 4–16–21; 8:45 am] Form Numbers: OMB 2120–0693. BILLING CODE 4710–27–P Type of Review: Renewal of an approval, Federal agencies must solicit information collection. public comment on proposed Background: The Federal Register collections of information, including DEPARTMENT OF TRANSPORTATION Notice with a 60-day comment period extensions and reinstatement of soliciting comments on the following previously approved collections. This Federal Aviation Administration collection of information was published document describes a collection of [Docket No. FAA–2020–1093] on November 23, 2020 (85 FR 74782). information for which NHTSA intends No comments were received. Each to seek OMB approval on the National Agency Information Collection operator seeking to obtain or in 911 Profile Database. Activities: Requests for Comments; possession of an air carrier operating DATES: Comments must be submitted on Clearance of a Renewed Approval of certificate is mandated to comply with or before June 18, 2021. Information Collection: Commercial Air the requirements of 14 CFR part 135 or ADDRESSES: You may submit comments Tour Limitations in the Grand Canyon part 121, as appropriate. Thus, each of identified by the Docket No. NHTSA–l National Park Special Flight Rules Area these operators conducting air tours in –lt through any of the following the Grand Canyon National Park is methods: AGENCY: Federal Aviation • Administration (FAA), DOT. mandated to comply with the collection Electronic submissions: Go to the requirements for that airspace. The FAA Federal eRulemaking Portal at http:// ACTION: Notice and request for will use the information it collects and www.regulations.gov. Follow the online comments. reviews to evaluate compliance with the instructions for submitting comments.

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20432 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

• Fax: (202) 493–2251. for public comment on the following: (a) better understand the state of the • Mail or Hand Delivery: Docket Whether the proposed collection of industry. The National 911 Profile Management, U.S. Department of information is necessary for the proper Database enables voluntary submission Transportation, 1200 New Jersey performance of the functions of the of data by State and territorial 911 Avenue SE, West Building, Room W12– agency, including whether the agencies via annual data submission. 140, Washington, DC 20590, between 9 information will have practical utility; The information to be collected includes a.m. and 5 p.m., Monday through (b) the accuracy of the agency’s estimate data useful for evaluating the status of Friday, except on Federal holidays. To of the burden of the proposed collection 911 programs across the country, along be sure someone is there to help you, of information, including the validity of with their progress in implementing please call (202) 366–9322 before the methodology and assumptions used; upgraded and advanced systems and coming. (c) how to enhance the quality, utility, capabilities. The data elements involved Instructions: All submissions must and clarity of the information to be will fall within two major categories: include the agency name and docket collected; (d) how to minimize the Baseline and progress benchmarks. number for this notice. Note that all burden of the collection of information • ‘‘Baseline’’ data elements reflect the comments received will be posted on those who are to respond, including current status and nature of 911 without change to http:// the use of appropriate automated, operations from State to State. These www.regulations.gov, including any electronic, mechanical, or other elements are largely descriptive in personal information provided. Please technological collection techniques or nature, are intended to provide a general see the Privacy Act heading below. other forms of information technology, view of existing 911 services across the Privacy Act: Anyone is able to search e.g. permitting electronic submission of country, and are grouped within five the electronic form of all comments responses. In compliance with these categories: Total 911 Calls and Call received into any of our dockets by the requirements, NHTSA asks for public Type, Number of Public Safety name of the individual submitting the comments on the following proposed Answering Points (PSAPs) and comment (or signing the comment, if collection of information for which the Equipment Positions, Emergency submitted on behalf of an association, agency is seeking approval from OMB. Medical Dispatch and Operations, Call- business, labor union, etc.). You may Title: National 911 Profile Database. Handling Quality Assurance, and review DOT’s complete Privacy Act OMB Control Number: 2127–0679. Minimum Training Requirements. • Statement in the Federal Register Type of Request: Request for ‘‘Progress benchmarks’’ reflect the published on April 11, 2000 (65 FR extension of a currently-approved status of State efforts to implement 19477–78) or you may visit https:// information collection. advanced next generation 911 systems Type of Review Requested: Regular www.transportation.gov/privacy. and capabilities. As titled, these data Requested Expiration Date of Docket: For access to the docket to elements are largely implementation or Approval: 3 years from date of approval. read background documents or deployment benchmarks against which Summary of the Collection of progress can be measured, and include: comments received, go to http:// Information: The National 911 Program www.regulations.gov or the street Planning, Procurement, Transition, is housed within NHTSA’s Office of Operations, and Maturity Level. address listed above. Follow the online Emergency Medical Services, which has instructions for accessing the dockets a mission to provide coordination in Description of the Need for the via internet. assessing, planning, developing, and Information and Proposed Use of the FOR FURTHER INFORMATION CONTACT: For promoting comprehensive, evidence- Information additional information or access to based emergency medical services and To support NHTSA’s mission to save background documents, contact Ms. 911 systems. Pursuant to 47 U.S.C. 942, lives, the National 911 Program Laurie Flaherty, Coordinator, National Coordination of 911, E911, and Next develops, collects, and disseminates 911 Program, Office of Emergency Generation 911 implementation, the information concerning practices, Medical Services, National Highway National 911 Program exists to procedures, and technology used in the Traffic Safety Administration, US coordinate 911 efforts, collect and create provision of 911 services; and to Department of Transportation, 1200 resources for State and local 911 support 911 Public Safety Answering New Jersey Avenue SE, NPD–400, Room agencies, and to oversee a grant Points (PSAPs) and related State and W44–322, Washington, DC 20590. Ms. program, specifically to upgrade the local public safety agencies’ 911 Flaherty’s phone number is (202) 366– nation’s outdated 911 infrastructure. technological and operational upgrades. 2705 and her email address is NHTSA is requesting an extension of The technology impacting 911 [email protected]. Please identify its information collection, carried out services continues to evolve the relevant collection of information by under 47 U.S.C. 942 (a)(3)(B), to substantially. Both public and private referring to its OMB Control Number. continue to collect and aggregate sectors have increasingly focused on SUPPLEMENTARY INFORMATION: Under the information from State-level reporting addressing the need to upgrade and Paperwork Reduction Act of 1995 (44 entities that can be used to measure the enhance the technology utilized by 911 U.S.C. 3501 et seq.), before an agency progress of 911 authorities across the services across the Nation. In addition, submits a proposed collection of country in upgrading and enhancing it is essential that emergency responders information to OMB for approval, it their existing operations and migrating are able to coordinate and collaborate must first publish a document in the to more advanced—digital, internet- with 911 agencies via comprehensive Federal Register providing a 60-day Protocol-enabled—emergency networks. and seamless emergency comment period and otherwise consult The data will be maintained in a communication systems as they update with members of the public and affected ‘‘National 911 Profile Database.’’ The their own part of the emergency agencies concerning each proposed National 911 Profile Database maintains communications network. This collection of information. The OMB has State-specific and benchmarking data, information collection supports efforts promulgated regulations describing which is later analyzed by the 911 to upgrade 911 services by providing what must be included in such a Program for trends and findings. up-to-date information to State and local document. Under OMB’s regulation (at Collecting and sharing nationwide 911 public safety entities to allow them to 5 CFR 1320.8(d)), an agency must ask statistics helps the 911 community adequately gauge progress towards

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices 20433

implementing more current and resources consistent with the goals of total burden of 5,488 hours (98 hours × advanced 911 systems in a comparative the program. The information collected 56 respondents). fashion. While the National 911 will be available in aggregated form to The total labor costs associated with Program will benefit from this national, Federal, State and local the burden hours are estimated by information, it is anticipated that the stakeholders in the public safety finding the average hourly wage and greatest benefit will accrue to the State community. This information collection multiplying by the number of burden and local public safety community faced supports NHTSA’s mission to save lives, hours. Respondents will be State, with the challenge of migrating to the prevent injuries and reduce economic territory, and tribal government next generation of 911 services and costs due to road traffic crashes by management personnel. To estimate technology as they strive to respond to ensuring emergency responses to reasonable staff expenses to respond to crashes of all nature (e.g. planes, trains, emergencies. this information collection, the and automobiles) and maximizing the The National 911 Profile Database is Agencies reviewed the Bureau of Labor chances of survival for crash victims. used to follow the progress of 911 Affected Public: State 911 agency Statistics (BLS) Occupational Outlook authorities in enhancing their existing administrators. Handbook and determined that the systems and implementing next- Estimated Number of Respondents: Administrative Services Manager generation networks to more current Maximum number of responses: 56. description closely aligns with the functionality. The data in this national Frequency: Annual. positions of recipient staff responsible profile has been used and will continue Number of Responses: Maximum for completing this request. BLS lists the to be used to accurately measure and number of responses: 56. average hourly wage as $46.45.1 Further, depict the current status and Estimated Total Annual Burden BLS estimates that State and local capabilities of 911 systems across the Hours: NHTSA estimates that government wages represent 61.8% of United States, as well as progress made submitting responses to the questions total labor compensation costs.2 in implementing advanced technologies included in the proposed survey Therefore, NHTSA estimates the hourly and operations—known as Next instrument utilizing the Web-based tool labor costs to be $75.16 (46.45 ÷ 0.618). Generation (NG) 911. Assessments, would require an average of 98 hours The total labor cost based on the based upon the data collected, will help per State entity to collect, aggregate and estimated burden hours is estimated at draw attention to key roadblocks as well submit. Estimating the maximum $412,478. The table below provides a as solutions in NG911 implementation number of respondents at 56 (the fifty summary of the estimated burden hours processes. Analysis of the data will also States, the District of Columbia, and five and the labor costs associated with help target possible future activities and U.S. Territories), this would result in a those burden hours.

Estimated annual Number of Annual hours Average hourly labor cost per Total estimated Total estimated respondents per respondent compensation respondent annual burden hours annual labor costs

56 98 75.16 $7,365.68 5,488 $412,478.08 or $412,478

Estimated Total Annual Burden Cost: of the information to be collected; and ACTION: Notice. There are no capital, start-up, or annual (d) ways to minimize the burden of the operation and maintenance costs collection of information on SUMMARY: The Department of the involved in the collection of respondents, including the use of Treasury’s Office of Foreign Assets information. The respondents would not automated collection techniques or Control (OFAC) is publishing the names incur any reporting costs from the other forms of information technology. of one or more persons that have been removed from the Specially Designated information collection beyond the labor Authority: The Paperwork Reduction Act costs associated with the burden hours Nationals and Blocked Person List (SDN of 1995; 44 U.S.C. Chapter 35, as amended; List). to gather the information, prepare it for 49 CFR 1.49; and DOT Order 1351.29. DATES: See SUPPLEMENTARY INFORMATION reporting and then populate the Web- Issued in Washington, DC based data collection tool. The section for applicable date(s). Nanda Narayanan Srinivasan, respondents also would not incur any FOR FURTHER INFORMATION CONTACT: recordkeeping burden or recordkeeping Associate Administrator, Research and OFAC: Andrea Gacki, Director, tel.: Program Development. costs from the information collection. 202–622–2480; Associate Director for Public Comments Invited: You are [FR Doc. 2021–08003 Filed 4–16–21; 8:45 am] Global Targeting, tel.: 202–622–2420; asked to comment on any aspects of this BILLING CODE 4910–59–P Assistant Director for Licensing, tel.: information collection, including (a) 202–622–2480; Assistant Director for whether the proposed collection of Regulatory Affairs, tel.: 202–622–4855; information is necessary for the proper or Assistant Director for Sanctions performance of the functions of the DEPARTMENT OF THE TREASURY Compliance & Evaluation, tel.: 202–622– Department, including whether the Office of Foreign Assets Control 2490. information will have practical utility; SUPPLEMENTARY INFORMATION: (b) the accuracy of the Department’s Notice of OFAC Sanctions Actions estimate of the burden of the proposed Electronic Availability information collection; (c) ways to AGENCY: Office of Foreign Assets The Specially Designated Nationals enhance the quality, utility and clarity Control, Treasury. and Blocked Persons List and additional

1 May 2019 National Occupational Employment owned schools and hospitals and the U.S. Postal 2 Table 1 at https://www.bls.gov/news.release/ and Wage Estimates by ownership, Federal, State, Service, at https://www.bls.gov/oes/current/ ecec.t01.htm. and local government, including government- 999001.htm#11-0000 (BLS code 11–3010).

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES 20434 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Notices

information concerning OFAC sanctions hearing or speaking may access this Conduct for Employees of the Executive programs are available on OFAC’s number via TTY by calling the toll-free Branch (5 CFR part 2635), and Executive website (www.treasury.gov/ofac). Federal Relay Service at (800) 877–8339. Order 12674 (as modified by Executive Order 12731). Notice of OFAC Actions SUPPLEMENTARY INFORMATION: Background. FACI, a federal advisory In accordance with Department of OFAC previously determined the committee of insurance experts, was Treasury Directive 21–03, candidates for individuals listed below met one or established in 2011 to provide FIO with appointment to FACI are subject to a more of the criteria under the Cuban nonbinding advice and clearance process, including Assets Control Regulations, 31 CFR part recommendations and otherwise assist fingerprinting, annual tax checks, and a 515 (CACR) and Sections 5 and 16 of the FIO in carrying out its duties and Federal Bureau of Investigation criminal Trading With the Enemy Act, 50 U.S.C. authorities. FIO’s duties and authorities check. All FACI candidates must agree App. §§ 5, 16 (TWEA) to be added to the are set out in Subpart A of the Federal to submit to these pre-appointment SDN List. On April 13, 2021, OFAC Insurance Office Act of 2010 (31 U.S.C. checks. determined that circumstances no 313, et seq.), Title V of the Dodd-Frank longer warrant the inclusion of the The deadline for submitting Wall Street Reform and Consumer expressions of interest is June 1, 2021. following individuals on the SDN List Protection Act, Public Law 111–203, 12 under this authority. Submissions may be sent by email to U.S.C. 5301 et seq. (July 21, 2010). [email protected] or by mail to: The Individuals: FACI’s membership is balanced to Federal Insurance Office, Department of include a cross-section of representative the Treasury, 1500 Pennsylvania 1. CRUZ, Juan M. de la, Dai-Ichi Bldg. 6th views of state and non-government Floor, 10–2 Nihombashi, 2-chome, Chuo-ku, Avenue NW, Washington, DC 20220– Tokyo 103, Japan; Director, Banco Nacional persons having an interest in the duties 0002, Attention: FACI. de Cuba (individual) [CUBA]. and authorities of FIO, such as: State Dated: April 14, 2021. 2. GUTIERREZ REYES, Jose, Vinales Tours, and tribal insurance regulators and/or Oaxaca 80, Roma, Mexico, D.F., Mexico officials; industry experts; and Steven Seitz, (individual) [CUBA]. consumer advocates, academics, and/or Director, Federal Insurance Office. Dated: April 13, 2021. experts in the issues facing insurance [FR Doc. 2021–07993 Filed 4–16–21; 8:45 am] Gregory T. Gatjanis, consumers, including underserved BILLING CODE 4810–25–P Associate Director, Office of Global Targeting, insurance communities and consumers. Office of Foreign Assets Control, U.S. More information regarding FACI, Department of the Treasury. including a list of its current members, DEPARTMENT OF THE TREASURY prior recommendations to FIO, and its [FR Doc. 2021–07967 Filed 4–16–21; 8:45 am] United States Mint BILLING CODE 4810–AL–P organizational documents, is available on the Treasury website.1 Establish Price for 2021 United States Individuals interested in serving as Mint Numismatic Product DEPARTMENT OF THE TREASURY members of the FACI should submit an expression of interest including name, AGENCY: United States Mint, Department Request for Expressions of Interest in organization or affilitation, and contact of the Treasury. Membership on the Federal Insurance information (employment address, Office’s Federal Advisory Committee telephone number, and email address). ACTION: Notice. on Insurance Submissions should also include a SUMMARY: The United States Mint is curriculum vitae and a statement AGENCY: Departmental Offices, U.S. announcing pricing for a United States describing the individual’s interest in Department of the Treasury. Mint numismatic product in accordance serving and willingness to work on the ACTION: with the table below: Notice. issues addressed by the FACI. Some members of the FACI may be SUMMARY: The Federal Insurance Office 2021 Retail (FIO) within the Department of the required to adhere to the conflict of Product price Treasury invites the public to submit interest rules applicable to Special expressions of interest in serving as Government Employees as such American Innovation $1 Coin TM members of the Federal Advisory employees are defined in 18 U.S.C. Reverse Proof Set ...... $28.00 Committee on Insurance (FACI). 202(a). These rules include relevant Submissions must be received by FIO provisions in 18 U.S.C. related to FOR FURTHER INFORMATION CONTACT: no later than June 1, 2021. criminal activity, Standards of Ethical Customer Service; United States Mint; FOR FURTHER INFORMATION CONTACT: 801 9th Street NW; Washington, DC 1 https://home.treasury.gov/policy-issues/ 20220; or call 1–800–USA–MINT. Lindsey Baldwin, Senior Insurance financial-markets-financial-institutions-and-fiscal- Regulatory Policy Analyst, Federal service/federal-insurance-office/federal-advisory- Authority: 31 U.S.C. 5112, 5132, & 9701. Insurance Office, Department of the committee-on-insurance-faci. Additional Treasury, 1500 Pennsylvania Ave. NW, information related to FACI’s recent activities is Eric Anderson, also available in FIO’s most recent Annual Report. Executive Secretary, United States Mint. Room 1410 MT, Washington, DC 20220, See FIO, Annual Report on the Insurance Industry at (202) 622–3220 (this is not a toll-free (2020), 62–64, https://home.treasury.gov/system/ [FR Doc. 2021–07980 Filed 4–16–21; 8:45 am] number). Persons who have difficulty files/311/2020-FIO-Annual-Report.pdf. BILLING CODE P

VerDate Sep<11>2014 17:11 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00074 Fmt 4703 Sfmt 9990 E:\FR\FM\19APN1.SGM 19APN1 jbell on DSKJLSW7X2PROD with NOTICES i

Reader Aids Federal Register Vol. 86, No. 73 Monday, April 19, 2021

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

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. 271...... 18423 Presidential Documents 3 CFR 360...... 18180 Proclamations: Executive orders and proclamations 741–6000 702...... 20258 10163...... 17493 The United States Government Manual 741–6000 Ch. X...... 17699 10164...... 17495 1003...... 17692 Other Services 10165...... 17675 1005...... 17693 10166...... 17677 Electronic and on-line services (voice) 741–6020 1010...... 17694 10167...... 17679 Privacy Act Compilation 741–6050 1022...... 17695 10168...... 17681 1024...... 17897 10169...... 17683 1026 ...... 17693, 17697, 17698 ELECTRONIC RESEARCH 10170...... 17685 1238...... 18431 10171...... 17689 World Wide Web 10172...... 17893 Proposed Rules: 10173...... 18167 209...... 19152 Full text of the daily Federal Register, CFR and other publications 1006...... 20334 is located at: www.govinfo.gov. 10174...... 18169 10175...... 18171 1024...... 18840 Federal Register information and research tools, including Public 10176...... 19567 14 CFR Inspection List and electronic text are located at: 10177...... 19775 www.federalregister.gov. 10178...... 20023 29...... 20264 10179...... 20025 39 ...... 17275, 17278, 17280, E-mail 10180...... 20027 17283, 17285, 17287, 17290, 17497, 17499, 17502, 17504, FEDREGTOC (Daily Federal Register Table of Contents Electronic Executive Orders: 17510, 17512, 17515, 17518, Mailing List) is an open e-mail service that provides subscribers 14022...... 17895 17521, 17700, 17703, 17706, with a digital form of the Federal Register Table of Contents. The 14023...... 19569 digital form of the Federal Register Table of Contents includes 14024...... 20249 17708, 17710, 17899, 17902, HTML and PDF links to the full text of each document. 17905, 18180, 18883, 18887, Administrative Orders: 19127, 19571, 19777, 20029, Notices: To join or leave, go to https://public.govdelivery.com/accounts/ 20266 Notice of April 1, USGPOOFR/subscriber/new, enter your email address, then 71 ...... 18432, 18890, 19129, 2021 ...... 17673 follow the instructions to join, leave, or manage your 19780, 20269, 20270 subscription. 5 CFR 97 ...... 17524, 17526, 20271, PENS (Public Law Electronic Notification Service) is an e-mail 870...... 17271 20276 service that notifies subscribers of recently enacted laws. 875...... 17271 302...... 17292 399...... 17292 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 890...... 17271 and select Join or leave the list (or change settings); then follow 894...... 17271 Proposed Rules: the instructions. 2641...... 17691 39 ...... 17087, 17322, 17324, 17326, 17329, 17330, 17993, FEDREGTOC and PENS are mailing lists only. We cannot 6 CFR 17995, 17998, 18218, 18218, respond to specific inquiries. Proposed Rules: 18221, 18479, 18482, 18921, Reference questions. Send questions and comments about the 37...... 20320 19157, 19160, 20086, 20089, Federal Register system to: [email protected] 20091, 20094, 20097, 20336, 7 CFR The Federal Register staff cannot interpret specific documents or 20338, 20341 regulations. 271...... 18423 71 ...... 17333, 17553, 17754, 273...... 18423 18484, 18485, 18487, 18488, 930...... 20253 18490, 20100 FEDERAL REGISTER PAGES AND DATE, APRIL 1205...... 20255 73...... 17555 1752...... 17274 17055–17270...... 1 15 CFR Proposed Rules: 17271–17492...... 2 319...... 20037 732...... 18433 17493–17674...... 5 932...... 18216 736...... 18433 17675–17892...... 6 985...... 20038 744...... 18433, 18437 17893–18170...... 7 986...... 19152 16 CFR 18171–18422...... 8 1220...... 19788 18423–18882...... 9 1231...... 17296 10 CFR 18883–19126...... 12 1640...... 18440 19127–19566...... 13 Proposed Rules: Proposed Rules: 19567–19774...... 14 37...... 18477 1640...... 18491 429...... 20075 19775–20022...... 15 430 ...... 18478, 18901, 20044, 17 CFR 20023–20248...... 16 20053, 20327 1...... 19324 20249–20434...... 19 431...... 20075 4...... 19324 41...... 19324 12 CFR 190...... 19324 262...... 18173 240...... 18595

VerDate Sep 11 2014 18:02 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\19APCU.LOC 19APCU jbell on DSKJLSW7X2PROD with FR_CU ii Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Reader Aids

242...... 18595 553...... 19782 152...... 18232 3011...... 17312 249...... 17528, 18595 1206...... 20032 258...... 18237 3012...... 17312 274...... 17528 1241...... 20032 271...... 17572 3013...... 17312 3015...... 17312 18 CFR 42 CFR 31 CFR 3016...... 17312 Proposed Rules: 501...... 18895 Proposed Rules: 3017...... 17312 101...... 17342 Proposed Rules: 59...... 19812 3018...... 17312 411...... 19954 19 CFR 1...... 19790 3019...... 17312 1010...... 17557 412...... 19086, 19480 3022...... 17312 12...... 17055 413...... 19954 3023...... 17312 208...... 18183, 19781 33 CFR 418...... 19700 3024...... 17312 361...... 17058 100...... 20035 484...... 19700 3025...... 17312 20 CFR 117...... 18445, 19574 489...... 19954 3027...... 17312 Proposed Rules: 165 ...... 17066, 17068, 18447, 43 CFR 3028...... 17312 18449, 18896, 19784 3030...... 17312 655...... 17343 51...... 19786 656...... 17343 Proposed Rules: 3031...... 17312 96...... 17090 Proposed Rules: 3032...... 17312 30...... 19585 21 CFR 100...... 19169 3033...... 17312 1...... 17059 110...... 17090 44 CFR 3034...... 17312 207...... 17061 117 ...... 17096, 18925, 18927, 3035...... 17312 64...... 17078, 19580 510...... 17061 18929, 20344 3036...... 17312 520...... 17061 165 ...... 17565, 17755, 18224, 46 CFR 3037...... 17312 522...... 17061 19171, 19599 Proposed Rules: 3042...... 17312 524...... 17061 71...... 17090 3046...... 17312 528...... 17061 34 CFR 115...... 17090 3047...... 17312 558...... 17061 Ch. III ...... 19135 176...... 17090 3052...... 17312 821...... 17065 Proposed Rules: 520...... 18240 3053...... 17312 862...... 20278 Ch. II...... 17757, 20348 Proposed Rules: 866...... 20278 47 CFR 532...... 20359 880...... 20278 36 CFR Ch. I...... 18459, 18898 1532...... 19833 884...... 20278 230...... 17302 0...... 17726 1552...... 19833 892...... 20278 242...... 17713 1 ...... 17920, 18124, 20294 1308...... 20284 38 CFR 2...... 17920 49 CFR 22 CFR 9...... 19582 Proposed Rules: 25...... 17311 1...... 17292 62...... 20286 3...... 17098 5...... 17292 212...... 18444 27...... 17920 54 ...... 17079, 18124, 19532 7...... 17292 39 CFR 24 CFR 64...... 17726 106...... 17292 113...... 20287 389...... 17292 Proposed Rules: 73...... 18898, 20294 3040...... 18451 553...... 17292 5...... 17346 Proposed Rules: Proposed Rules: 0...... 17575 601...... 17292 25 CFR 3030...... 17347, 19173 1...... 18000 1201...... 17548 Proposed Rules: 3050...... 17100, 20351 2...... 20111 1333...... 17735 15...... 20111 15...... 19585 40 CFR 1187...... 19162 25...... 20111 50 CFR 52 ...... 17071, 18457, 20289 27...... 18000, 20111 26 CFR 62...... 17543 54...... 18932 17...... 17956, 18189 92...... 20311 Proposed Rules: 80...... 17073 64...... 18934 1...... 19585 81...... 19576 73 ...... 17110, 17348, 18934 100...... 17713 180 ...... 17545, 17907, 17910, 101...... 20111 217...... 17458, 18476 27 CFR 17914, 17917, 19145, 20290 622 ...... 17080, 17318, 17751 Proposed Rules: 258...... 18185 48 CFR 648...... 17081, 17551 9...... 20102 1519...... 19149 3001...... 17312 679 ...... 17320, 17752, 18476, Proposed Rules: 3002...... 17312 20035 29 CFR 52 ...... 17101, 17106, 17567, 3003...... 17312 Proposed Rules: 4908...... 17066 17569, 17762, 19174, 19793, 3004...... 17312 17 ...... 18014, 19184, 19186, Proposed Rules: 20353 3005...... 17312 19838 1910...... 18924 60...... 19176 3006...... 17312 223...... 19863 63...... 19176 3007...... 17312 224...... 19863 30 CFR 81 ...... 17762, 18227, 20353 3009...... 17312 648...... 17764 550...... 19782 141...... 17571 3010...... 17312 679...... 19207

VerDate Sep 11 2014 18:02 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\19APCU.LOC 19APCU jbell on DSKJLSW7X2PROD with FR_CU Federal Register / Vol. 86, No. 73 / Monday, April 19, 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 April 16, 2021 subscribe, go to https:// address.

VerDate Sep 11 2014 18:02 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\19APCU.LOC 19APCU jbell on DSKJLSW7X2PROD with FR_CU